Terms of Service
The general terms and conditions
As of December 15, 2015
General information on security on the Internet
Trustner is a simple and secure communications service. When you download Trustner, you can automatically communicate using end-to-end encryption.
Trustner is not for anonymous communication. Trustner is for electronic communication among and with healthcare professionals, legal professionals, the banking industry and wherever confidentiality is required. Some Trustner apps require an identity check of the user before activation.
In order not to jeopardize the associated high security, the access data to Trustner must be stored inaccessible to third parties. It is also recommended to use Trustner only with a computer that has an up-to-date operating system and an up-to-date virus protection program.
In basic terms, it should be noted that there is no absolute confidentiality on the Internet. This applies in particular if foreign government agencies want to gain access to data content.
The operator of Trustner
Trustner is operated by Trustner GmbH, a company registered in Berlin and headquartered in Tübingen, Germany.
Trustner is a spin-off of careon GmbH, a company that develops and operates Internet applications and software for health management.
Trustner is a tele media service that enables encrypted communication on the Internet.
Secure communication takes place in "chats" and "rooms". There are different types of rooms (the apps). The apps differ depending on the area of application. Some require personal authentication for access, e.g. apps used by physicians.
Trustner Apps can be developed and operated by Trustner itself or by Trustner partners. When using an app for the first time, you will be informed who the operator is.
To use Trustner, you need to download a Trustner Client onto your device. The client provides you with a program for automatic end-to-end encryption of content.
Der Trustner Store ist eine Vertriebsplattform für Kommunikations-Apps.
Über den Desktop-Store können Apps aktiviert werden, die mit dem Trustner SKD entwickelt wurden. Die Apps stehen nach der Aktivierung auf Desktop-Computern und mobilen Geräten (Smartphone und Tablets) zur Verfügung.
Alle Trustner Apps bzw. Raumtypen werden in der Desktop-Version des Trustner Store aktiviert. Dort befindet sich auch eine Beschreibung der einzelnen Apps mit ihren Funktionen.
Für die kommerzielle Nutzung sind Trustner-Apps in der Regel kostenpflichtig. Für die private Nutzung ist die Grundfunktionalität von Trustner kostenlos.
Registration with Trustner
You must first register with Trustner. You do this by entering an e-mail address and a strong password. In order to complete the registration, you must first confirm your e-mail address.
For your own protection, you are requested to keep your chosen password secret and not to pass it on to third parties.
By registering, you agree to these terms and conditions
Activation of apps or room types
Before you can use an app or room type, you must also activate this app or room type.
You must accept the general terms and conditions of the respective operator.
Individual apps or room types are subject to charges.
Duration and termination
You can terminate your contractual relationship with Trustner and the Trustner App Operators at any time. Termination is enforced by deletion of the user account or app.
Trustner reserves the right to immediately terminate a user's account by deleting it for good cause.
Responsibility of the user and prohibited contents
When using Trustner, the individual user is obliged to observe all relevant laws as well as all rights of third parties.
In particular, the following is prohibited
- use insulting or defamatory content, regardless of whether this content concerns other users, other persons or companies,,
- to use pornographic, violence-glorifying, racist or against youth protection laws offending contents or to advertise, offer or distribute pornographic, violence-glorifying or against youth protection laws offending products,
- Harass other users unreasonably (in particular by spam) (cf. §7 UWG),
- Use any Content protected by law (e.g., copyright, trademark, patent) without authorization, or to advertise, offer or distribute any goods or services protected by law,
- engage in or promote anti-competitive activities, including progressive canvassing (such as chain, snowball or pyramid schemes); and
- Use or publicly reproduce content from Trustner or other users without consent.
In the event of non-compliance, Trustner is at liberty to take legal action.
The user is responsible for ensuring that the content he posts on Trustner is free of viruses, worms, Trojan horses or other malware.
Property rights, Copyrights and Rights of Use
Trustner grants the user only necessary, non-exclusive rights of use for the fulfilment of the user contract.
Indemnification of Trustner by the user
The user indemnifies Trustner against all claims by third parties that may arise from the aforementioned infringements against Trustner.
Cooperation with authorities
Within the framework of German and European laws, Trustner cooperates with government agencies to prevent and investigate criminal offences.
Trustner does not have keys to decrypt content stored by users, however.
For individual contributions or comments, Trustner only receives a decryption key if a participant reports a contribution or comment as illegal or immoral.
Trustner can block users if this is required by law or court order.
Amendments to the General Terms and Conditions
The AGB can be subject to changes. Changes will be notified on the Trustner homepage.
Changes in favour of the user become effective immediately at the specified time, unless a time is specified.
If the GTC change to the disadvantage of the user, the changes will take effect at the specified time, but at the earliest four weeks after notification, if the user does not delete his/her Trustner account
Warranty and Liability
Trustner has no influence on stored content data or content on linked external websites. Trustner shall not be liable for any damages arising from the inaccuracy or incompleteness of such data.
For reasons of acts of violence, strikes, lockouts and official orders, as well as technical changes to Trustner's systems or other measures (e.g. maintenance work, repairs, etc.), the service may be temporarily restricted. There is no compensation for this.
Trustner is not liable for damages that are not personal injury, regardless of the legal reason, with the exception of the violation of essential contractual obligations, if these are based on a negligent breach of duty within the framework of the user contract.
Trustner shall only be liable to the user in the following cases
- indefinitely for damages to the person, in particular the health of the user;
- for damages that are not personal injury, regardless of the legal basis, with the exception of the violation of essential contractual obligations, only if these are based on an intentional or grossly negligent breach of duty by Trustner within the framework of the user contract.
These limitations of liability apply accordingly in favour of Trustner's legal representatives, employees and agents.
The user's claims for damages shall become statute-barred two years after the person entitled to compensation has become aware of the damage and the circumstances from which his entitlement to claim arises, irrespective of the fact that he was aware of it three years after the damaging event.
The User shall be liable for all consequences and disadvantages incurred by Trustner as a result of misuse or unlawful use of the Service or as a result of the User's failure to comply with his other obligations (including but not limited to the obligation to maintain secrecy of the access data).
Trustner is committed to privacy and data security to ensure confidentiality. The corresponding regulations are contained in the data protection declaration and the Trustner Security White Paper.
Seat, place of execution, choice of law and place of jurisdiction
Trustner is headquartered in Berlin. Trustner's administrative headquarters are located in Tübingen, Germany. Any change of address by Trustner will be communicated to the user via the website.
The place of execution is the administrative headquarters of Trustner.
All legal relationships between the user and Trustner in connection with the user contract shall be governed by the laws of the Federal Republic of Germany, excluding German private international law and international codifications such as the UN Convention on Contracts for the International Sale of Goods (CISG).
In the event of access to Trustner outside Germany, the user is obligated to comply with the statutory provisions of the respective third country.
Even if the user does not have his residence or usual place of residence in Germany, the administrative headquarters shall be the place of jurisdiction for all legal questions relating to Trustner.
The user may not transfer the rights and obligations arising from this contract. An assignment of claims is excluded.