Trustner Terms of Use

Last updated: December 15, 2015

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The Trustner Terms of Use (“Terms”) govern the contractual relationship between the user and the Trustner GmbH. They were written in German. In case the English version is not precise the German version is relevant. The Terms are complemented by the Trustner Privacy Policy and the Trustner Security White Paper
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Some General Remarks on Security in the Internet

Trustner is an easy-to-use and secure communication service. With the download of the Trustner client the user obtains a program that automatically end-to-end encrypts all communication.

Trustner is not designed for anonymous communication. Trustner is for electronic exchange with and among professionals in healthcare, the legal sector, in banking, and whereever professional confidentiality has to be kept. Some Trustner app require personal authentification before they can be activated.

In order to preserve the highest level of data security, personal access data need to be kept secret. Also, it is strongly recommended to use Trustner only on a computer with up-to-date operating systems and antivirus software.

It has to be kept in mind that there is no absolute security on the Internet, especially if and when government organizations seek access to personal data.

The Operator of Trustner

Trustner is operated by Trustner GmbH, a German company registered in Berlin and based in Tuebingen.

Trustner is a spin-off of careon GmbH, an eHealth specialist with a focus on personal health management, registered and based in Tuebingen.

Object of the Contract

Trustner is a tele-media service that enables encrypted communication over the Internet.

There are chats and so-called "Rooms" for group communication.  In the Trustner Store the user can activate different types of rooms (“apps”). The apps differ depending on communication needs and area of application, i.e. with regard to invitation mechanisms or interfaces to other software. Some apps require personal authentication.

Some apps are developed and run by Trustner partners.

Trustner Client

The use of Trustner and Trustner apps requires the download of the Trustner client on every device on which the user participates in a conversation. The Trustner client is a software program for automatic encryption of content shared in a conversation.

The Trustner Store

The Trustner Store is a distribution platform for communication apps, developed and maintained by Trustner.

The service allows users to activate applications that are developed with Trustner´s SDK. The apps can be downloaded onto a personal computer, and be used on Desktop as well as mobile devices.

All Trustner apps are activated in the desktop Trustner store. There is also a description of the functionality of each app.

Some apps and the chat are free of charge. Trustner apps with additional functionality are available for a subscription fee. 

Registration

The user must register with a safe password in order to gain access to the Trustner communication service.

The password has to be kept confidential.

With the completion of the registration process the user agrees to the terms of service.

 

Activation of apps and room types

Each app is seperately activated by the user. Also, before an app can be used the terms of this app have to be accepted.

 

Duration and Termination

The user can terminate the use of Trustner at any time. The termination is made by deleting the user account.

Trustner reserves the right to terminate a user account if there is a violation of the terms of service.

 

Responsibility of the User and prohibited Content

When using Trustner, the user is obliged to observe all relevant laws and all rights of others.

The user is specifically prohibited

  • to use insulting or defamatory content, regardless of whether such content is directed at another user, other people or companies,
  • to use pornographic, violent or racist content or to promote, offer, or distribute pornographic, violent or racist content or to violate youth protection laws,
  • to harass other users unreasonably (particularly with spam),
  • to use legally (e.g. by copyright, trademark, patent law) protected content without being entitled to do so, or to offer, sell, or advertise goods or services protected by law,
  • to undertake anti-competitive actions or to promote, including progressive customer acquisition practices (such as chain, snowball or pyramid schemes) and
  • to exploit content from Trustner or other users without their consent.

In the case of infringement, Trustner will take legal action.

The user is responsible for ensuring that his or her content on Trustner is free of viruses, worms, Trojan horses or other malicious programs.

Property, copyright and usage rights

Only to the extent necessary for the fulfilment of this contract, Trustner grants the user non-exclusive property, copyright and usage rights for Trustner.

Exemption of Trustner by the User

The user shall keep Trustner free from all third party claims which may be derived from violations of aformentioned rights by the user.

Co-operation with authorities

Trustner co-operates with government authorities for crime prevention within the framework of the German and European law.

However, Trustner is not in possession of the keys required to decrypt user contents.

For individual posts Trustner may obtain the keys for decryption, if a user wishes to report inappropriate content in a conversation.

Trustner can block users in cases when it is necessary due to the provision of the law or judicial or regulatory decree.

Changes of Terms of Use

Trustner is entitled to make changes to these terms . The user will be informed about changes in Trustner.

Modifications in favor of the user come into effect at the specified time, or, if no time is specified, immediately.

The terms may change to the detriment of the user at any given time, but no earlier than four weeks after the information takes effect, when the user has not previously terminated his or her account. Trustner alerts the user to the consequences of the change.

Warrant and Liability

Trustner has no influence on the accuracy and completeness of the data stored by the user, or on the content of any linked external sites. Trustner is not liable for damages arising out of the inaccuracy or incompleteness of this information.

Trustner assumes no obligation for the features offered on the internet. The user is aware that Trustner has no effect on the possibility of Internet access, the transmission rate and the availability and stability of network connections.

Trustner is not liable for damages that are not personal injury, regardless of the legal reason, except for breach of contract if they are based on a negligent breach of duty under these terms.

Trustner is liable to the user only

  • for damage to the person, especially the health of the user without limitations,
  • for damages that are not personal injury, regardless of the legal reason, except for the breach of contract, only if they are based on an intentional or grossly negligent breach of Trustner under these terms,

These limitations shall apply accordingly to the benefit of the legal representatives, employees and agents of Trustner.

Claims for damages by the user shall expire two years after the substitute beneficiary gains knowledge about the damage and the circumstances giving rise to his eligibility, and three years after the damaging event regardless of when the knowledge was gained.

The user is liable for all consequences and losses which Trustner caused by improper or illegal use of the service or if the user does not comply with his or her other obligations (including but not limited to the obligation to maintain confidentiality of the access code).

Privacy and Security

Privacy and data security are a major concern for Trustner. The relevant provisions are contained in the Trustner privacy policy and the Trustner Security White Paper.

Location, Administration, applicable Law and Jurisdiction

Trustner is registered in Berlin. The administrative headquarter is in Tübingen. The user will be informed of any change of location or address via Trustner’s homepage.

Place of performance is the location of the administration.

All legal relations between the user and Trustner in connection with these terms are governed by the law of the Federal Republic of Germany to the exclusion of German private international law and international legal codes such as the UN Convention on Contracts for the International Sale of Goods (CISG).

In the case of access to Trustner from outside Germany, the user agrees to comply with the legal regulations of the country of his residency.

Even when the user’s legal or habitual residence is not in Germany, the administrative seat of Trustner is the venue for all of Trustner’s relevant legal issues.

Final Provisions

The user may not negotiate the rights and obligations under this contract. An assignment/cession of claims is excluded.

Contact information

All questions regarding theses terms may be directed to 

Trustner GmbH
Österbergstr. 9
D-72074 Tübingen

Germany

or to

info@trustner.com