Terms of Use

3rd of September 2018

  1. Subject Matter of the Contract

    1.1 zip.app is an internet-based, cross-platform service for the secure exchange of messages between users.

    1.2 ZIP Software GmbH provides the zip.app service to users for a fee.

  2. Scope of Application

    2.1 These Terms of Use constitute a legal agreement between the user of the service «zip.app» (private person or company, hereinafter referred to as «customer») and the provider of the service, namely ZIP Software GmbH (hereinafter referred to as «ZIP Software» or « Provider »).

    2.2 These Terms of Use apply to all rights and obligations of the contracting parties in connection with the use of the" zip.app "service.

    2.3 Deviating agreements to individual provisions must be made in writing to be valid.

  3. Rights of Use

    3.1 For the duration of this Agreement, Customer shall have the non-exclusive, non-transferable and non-sublicensable right to use the Service and the software required for the use of the Service (hereinafter "App") for the purpose of this Agreement and in accordance with these Terms of Use.

    3.2. The procurement of the service is free of charge. A valid access authorisation is required for each user of the service. The corresponding access data will be given to the customer individually per user or as global access data for all users by agreement.

    3.3 With a valid access authorisation, the customer is entitled to download the app required for the service and to activate and thus use it by entering the access data. A valid access authorization must exist for each installed and activated instance of the app.

    3.4 The customer may only use the app for operation on the ZIP software platform within the framework of zip.app; the service may also only be used with software that has been approved by the provider for use on the service.

  4. Obligations of the Customer

    4.1 The customer is responsible for the use of the service by its users (employees, business partners, etc.) and for compliance with legal and/or regulatory requirements.

    4.2 The customer is particularly responsible for confidentiality, access data, passwords, etc.

    4.3 The customer prevents unauthorized use of the service and will immediately inform ZIP Software about unauthorized use or access.

    4.4 The customer indemnifies the provider from any claims of third parties which are asserted against the provider due to culpable violation of rights of third parties by the user or due to culpable conduct of the user contrary to the law or the contract.

    4.5. The customer is informed that the income from the use of zip.app may be taxable. The customer is solely liable to inform himself about his tax obligations and to make all declarations required by the tax administration. The customer is obliged to handle tax issues and accounting independently in accordance with the legal provisions of the country in which he himself offers his services. When requested by an authority, the provider provides the customer's billing data.

  5. Services of the Provider

    5.1 The provider provides the services within the scope of the service according to the current state of the art.

    5.2 In particular, the provider endeavours to deliver all messages handed over to him for transport without delay.

    5.3 The Provider shall continuously develop the Software and the Service. New functions can be introduced and existing ones replaced by new ones or removed without replacement.

    5.4 The customer has a choice of various services, which differ in their scope of services. The supplier is obliged to supply the defined service elements. However, the provider reserves the right to supplement or adapt the scope of services at any time.

    5.5 In the event of a culpable violation of legal regulations or these terms of use by the customer or a user or third party attributable to him, the provider is entitled to temporarily block the services in whole or in part.

  6. Fees and Payment

    6.1 The user fees shall be paid for payment transactions processed via the App. In the case of recurring fees, the invoice is issued monthly. All invoice amounts must be paid immediately without deduction. The provider can assign the open items to a collection company in the dunning procedure.

    6.2 The currently valid fee table can be found on the homepage of zip.app. The provider reserves the right to adapt the fees and/or tariff levels to changed conditions at any time.

    6.3 Fees are non-refundable unless required by law. The customer is obliged to provide all necessary information for the payment correctly. ZIP Software may disable or suspend the Service for the Customer if payments are outstanding.

    6.4 The customer is responsible for the correct payment of any taxes. ZIP Software will collect and collect taxes where required by law.

  7. Availability and Termination or Termination

    7.1 ZIP Software is constantly striving to improve services. This means that services or features and support for specific devices and platforms can be added or removed. The services can be interrupted, for example for maintenance, repairs, improvements or due to network or device failures. ZIP Software may discontinue some or all services at any time, including certain features and support for certain devices and platforms, if possible with a 30-day notice period. Events outside one's own sphere of influence can influence services, such as natural events and other events of force majeure.

    7.2 Both parties can terminate the contractual relationship at any time for any reason by deleting the user account.

    7.3 A refund of fees already paid after deletion of a user account is excluded.

  8. Data Protection and Security

    8.1 Personal data collected in the context of the use of the service will be processed exclusively in accordance with the applicable legal provisions, EU Regulation 2016/679 (DSGVO) and our data protection declarations.

    8.2 The provider processes the data in accordance with the relevant legislation. Messages are only cached in encrypted form and deleted immediately after delivery.

    8.3 For his part, the user undertakes to fully comply with the legal provisions relating to the handling of personal data.

    8.4. If an authority of a country requires data of the customer or his transactions and customers, the provider will make them available to the authority.

  9. Liability and Limitations of Liability

    9.1 The delivery of direct messages on the Internet and especially on mobile devices may be delayed or rendered impossible by circumstances beyond the control of the provider. These include (non-exhaustive list): no reception, no connection to the Internet or the service, Internet interference of any kind (routing, DNS, etc.), hardware and software errors of receiving and network devices, DDoS attacks.

    9.2 Any liability or obligation to pay compensation in the event of limited usability of the service due to reasons stated in Section 9.1 is expressly declared null and void by the provider.

    9.3 Under no circumstances can the provider be held liable for damage to customers or third parties resulting from the use or impossibility of use of the service or the software. Claims for damages are excluded in all cases.

  10. Final Clauses

    10.1 The Provider may amend these Terms of Use if necessary. The customer will be informed about corresponding changes on his settings page of zip.app. Unless the user notifies the contrary, the amended terms of use shall be deemed accepted after a period of 30 days.

    10.2 Should one or more provisions of these terms and conditions be invalid, this shall not result in the invalidity of the entire contract. The invalid provision shall be replaced by the relevant statutory provision.

    10.3 Place of jurisdiction is the competent court at the registered office of the provider.

If you have any questions or suggestions regarding the terms of use, please do not hesitate to contact us. Write to us at [email protected].