February 1, 2023
1. Subject of This Agreement
- “Dober Messenger” is a service to exchange encrypted instant messages with users of the Dober application.
- Dober (Provider) provides this service to customers for free.
- These Terms of Service govern the contractual relationship between Dober as Provider of the “Dober Messenger” service (Service) and the user of the Service (Customer).
- These Terms of Service apply to all rights and obligations of the contracting parties in the framework of using the Service.
- Different agreements on specific provisions shall be invalid unless agreed upon in writing.
3. Provider’s Services
- The Provider provides the Service to the Customer according to the current state of the art.
- Messages sent to the Provider for dispatch are encrypted by the Provider and forwarded to the intended recipient(s). The management of the private key for the customer-specific Dober-ID is incumbent on the Provider.
- The content the Customer provides to the intended recipients as well as, if desired by the Customer, chat histories are stored on the server of the Provider and are encrypted individually for each Customer.
- The Provider shall endeavour to deliver all messages handed over for dispatch without delay.
- The delivery of instant messages to mobile devices via the Internet can be delayed or rendered impossible by circumstances beyond the control of the Provider. This includes (but is not limited to): no reception, no connection to the Internet or Dober Server, Internet interferences of any kind, hardware or software failures of reception and network devices.
- The Provider expressly disclaims any liability in the event of limited usability of the Service, in particular for reasons stated in § 3.5.
4. Use of the Subject of this Agreement
- The Customer may use the subject matter of the contract exclusively for its intended purpose and in accordance with the relevant legislation.
- The transmission of newsletters and of messages for marketing and promotional purposes, unless the recipient has expressly requested to receive such messages and this expression of will is subsequently confirmed (double opt-in), is prohibited. The Customer shall supply the Provider with relevant proof within five days following the request of such information.
- The use for purposes which are capable of violating the moral perception of the recipient(s) is explicitly excluded.
- The Customer shall indemnify the Provider against any third-party claims asserted against the Provider due to culpable infringement of third-party rights by the Customer or due to culpable conduct of the Customer in violation of the law or the contract.
- The credentials of the Customer’s account consist of a user login name and a password chosen by the Customer.
- The Customer shall treat the credentials with the necessary care. The Customer is fully liable for direct or indirect damages that result from misuse of the account by third parties and/or negligent handling of the credentials.
- The Provider reserves the right to block the account temporarily or permanently if an improper use according to § 4 and/or the use of the account violates applicable law and/or there is reasonable suspicion of misuse by third parties.
6. Data Privacy
- The Provider processes personal data within the framework of the legal regulations and the data protection provisions of the Service.
- The Customer undertakes to comply with the legal provisions relating to the handling of personal data.
- In particular, the Customer undertakes to adequately inform the users concerned about the processing of their data.
7. Final Clauses
- The Provider may amend these Terms of Service if necessary. The Customer will be informed about any changes on the homepage of “Dober Messenger”. If the Customer does not give notice of termination, the amended Terms of Service shall be deemed accepted after a period of 30 days.
- Should one or more provisions of these Terms of Service be invalid, this shall not result in the invalidity of the entire contract. The invalid provision shall be replaced by the relevant statutory provision.
Place of jurisdiction is the competent court at the registered office of the Provider.