Terms of Use for the ginlo App (Beta)

  1. Object and conclusion of contract
  2. Special terms for beta versions
  3. Rights of use of the ginlo app
  4. Your duties and obligations
  5. Communication
  6. Claims for defects (warranty)
  7. Limitation of liability
  8. Contract period and termination
  9. Final provisions

1 Object and conclusion of contract

1.1 Parties and object of contract.

These terms of use govern the legal relationship between us, Brabbler Secure Message and Data Exchange Aktiengesellschaft, Ria-Burkei-Straße 26, 81249 Munich/Germany (referred to hereinafter as “we” and “us”) and our customers (referred to hereinafter as “you”) as regards the availability of ginlo – an online service for the secure, encrypted exchange of messages and other content – in the context of beta programs. The terms “beta program” and “beta version” covers both programs or versions for closed user groups (e.g. “Friends & Family”) and public beta programs or versions.

1.2. Formation of the contract.

When we accept you as a tester in one of our ginlo beta programs and you register in the app as part of one of these programs a contract is formed free of charge in accordance with these terms of use.

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In a nutshell: With your admission to one of our beta programs and your registration in the ginlo app, a contract with us – Brabbler AG – is formed free of charge in accordance with these terms of use.

2 Special terms for beta versions

All functionalities of the ginlo app and our servers provided in beta versions are still in the development and testing stage and may contain errors. The availability of the ginlo service can therefore not be fully guaranteed. That's why you should still store important content in another secure location. We reserve the right to change the functionalities at any time or to stop making ginlo available if necessary.

In a nutshell: For special programs for closed user groups (e.g. "Friends & Family") and during public beta phases, ginlo is not yet a marketable version, and functions may change at any time. For this reason, please always store important data in another secure location outside the ginlo app.

3 Rights of use of the ginlo app

3.1 Right of use.

Unless otherwise agreed, we grant you the gratuitous, non-exclusive (simple), worldwide, non-transferable and non-sublicensable right, limited to the period of this contract, to install the ginlo app on your mobile device, and execute and use it in conjunction with our ginlo server services for test purposes, in the context of these terms of use.

3.2 No rights to source code or editing.

The granted rights of use do not include rights to the source code of the ginlo app nor rights to edit or decompile the ginlo app. Your legal powers, especially as stipulated in § 69e UrhG (German Copyright Act), remain intact.

3.3 No transfer to third parties.

You are not authorized to surrender or provide the ginlo app to third parties, especially to sell or “rent out” the ginlo app.

3.4 Legal reservation.

Unless rights of use to the ginlo app have been expressly granted to you, all rights remain with us.

3.5 Third-party software/open source software

The ginlo app contains third-party software ("third-party components"). Terms of use and licensing may apply to the third-party components that may also be subject to foreign law. In addition, third-party components may be subject to open source licenses. The rights of use may be granted to you directly by the respective third-party provider. The third-party components are primarily subject to the terms of use and licensing of the respective third-party providers, deviating from these terms of use.
A list of the third-party components that are used is available at https://www.ginlo.net/en/legal/licenses/licenses_consumer.

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In a nutshell: You may install the ginlo app on your mobile device, execute, and use it in conjunction with our ginlo server services for the purpose of testing and in the context of these terms of use.

4     Your duties and obligations

4.1 Admission to the beta program.

When we accept you in one of our beta programs, you can download the app from the respective app store and set up a ginlo user account in the app. For this, we need your e-mail address.

4.2 ginlo user account.

To set up a ginlo user account, you must specify your mobile number. You will keep the access data for your ginlo user account confidential and will not surrender your ginlo user account to third parties for use.

4.3 Updates.

To use ginlo, you need to install the current version of the ginlo app.

4.4 Legal use.

You shall only use ginlo in the context of the provisions of this contract, i.e. in particular, only for test purposes, and use it in accordance with the legal regulations that apply to you, and you shall not violate the rights of third parties in doing so. In particular, you are not permitted to use ginlo in connection with the preparation or performance of criminal acts, such as copyright violations.

4.5 Export control.

You shall not use ginlo in a country, or send, transfer or export it to a country or to a person, if this violates applicable export regulations, especially if this is prohibited in any way by the EU common foreign and security policy or the United States export law. By using ginlo, you confirm that you are not currently in such a country, do not reside there and are not under the control of such a country. To this extent you accept full responsibility for the use of ginlo.

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In a nutshell: We make the ginlo app available to you in particular for use within a special program for closed user groups (e.g. “Friends & Family”) or within a public beta program. For admission in one of our ginlo beta programs and to send you information about the latest app version, we need your e-mail address. Your mobile number is used to register your ginlo user account. Your ginlo user account may only be used by you and not by third parties.

5 Communication

During a beta program, we’ll contact you regularly by e-mail to provide you with information about app updates and to ask you to participate in ginlo surveys.

In a nutshell: We’ll send you information about app updates and surveys by e-mail.

6 Claims for defects (warranty)

Because we make our services available to you free of charge, the rental agreement regulations primarily apply, in particular as follows: Our claims for defects are limited to fraudulent intent as per § 600 BGB (German Civil Code), our liability is limited to willful intent and gross negligence as per § 599 BGB, and the shortened statute of limitations of six months applies as per § 606 BGB.

In a nutshell: During one of our beta programs, you can use the ginlo app for free. That’s why your warranty claims against us are limited according to law.

7 Limitation of liability

Our liability is limited to willful intent and gross negligence for damage that was caused by the free provision of our services, § 599 BGB.

In a nutshell: Our liability is limited to willful intent and gross negligence according to law.

8 Contract period and termination

We and you can terminate this agreement without giving reasons and without adherence to a deadline at any time. To terminate this contract, please send an e-mail to support@ginlo.net.

In a nutshell: You can terminate this contract at any time by sending an e-mail to support@ginlo.net.

9 Final provisions

9.1 Applicable law.

This contract and all disputes associated with it are subject to German law under the exclusion of the United Nations Sales Convention. The choice of law does not apply if and to the extent that this would cause customers, who conclude the contract for purposes that cannot be primarily attributed to commercial or self-employment activities (“consumers”), to be deprived of the protection afforded to them by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis of Art. 6 Paragraph 1 of the ROM-I directive.

9.2 Place of jurisdiction.

If you are not a consumer but a merchant, corporate body under public law or specialized agency under public law, the exclusive place of jurisdiction is Munich, Germany. We reserve the right to take legal action at your place of domicile.

9.3 Partial ineffectiveness.

Should any provision within this contract be or become ineffective or void, the validity of all remaining provisions herein shall in no way be affected.

Version: 1.0; October 2018

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In a nutshell: This contract is subject to German law. In the event of disputes between you and us, the place of jurisdiction shall be Munich. Should any provision within this contract be or become ineffective or void, the validity of all remaining provisions herein shall in no way be affected.