Content

1. Contracting parties
2. Definitions
3. Subject matter of the Contract, ginlo Private contractual services
4. Registration
5. Concluding of the Contract
6. Remuneration
7. Duties and obligations of the user
8. Rights to use the app
9. Rights and obligations of ginlo.net GmbH
10. Exemption
11. Warranty, customer service
12. ginlo.net GmbH’s liability and limitations of liability
13. Term of the Contract, notice of termination, contractual end
14. Concluding provisions

1. Parties to the contract

The Parties to the ginlo contract are

ginlo.net Gesellschaft für Datenkommunikationsdienste mbH (hereinafter “ginlo.net GmbH”)

Rupert-Mayer-Str. 44

DE-81379 Munich

Telefon: +49 89 215305770 • e-mail: contact@ginlo.net

Registration Court Munich HRB 254209

(The names of the currently authorized representatives of ginlo.net GmbH can be found in the legal notice.)

and

You as user of ginlo Private (hereinafter „You“ or „user“ or “users”).

2. Definitions

The following definitions apply in this contract:

App

Software required to use ginlo Private on mobile end devices

Single chat

Transmission of messages with ginlo Private to a recipient

Recipient

User to whom messages are transmitted with ginlo Private

ginlo user account

Account in ginlo Private to use the messenger on mobile devices

Group chat

Transmission of messages to multiple recipients using ginlo

Mobile end devices

Smartphones that are operated with an operating system approved for ginlo Private

Message

Texts, files, calls, locations or contacts that can be exchanged between users via ginlo Private

Server

A ginlo server of ginlo.net GmbH, as defined in Section 3. paragraph (11)

3. Subject matter of the Contract, ginlo Private contractual services

(1) ginlo Private is an web-based, cross-platform service for the secure exchange of messages between users of mobile user devices.

(2) The exchange can take place in a single or group chat. The user creates the respective message with the ginlo app on one of his shared mobile devices and sets for which recipient(s) the message is intended. The message is copied to the recipients’ inboxes and a push notification (e.g. Apple Push Notification or Google Cloud Messages etc., depending on the platform) is sent informing them that new messages are ready and can be retrieved.

(3) The messages may then be downloaded by the recipients. On the server, each message is deleted 30 days after it is sent. Messages that are available on the server during this time are synchronized between all end devices of the same ginlo Business user account, so that these messages are available on all connected end devices.

(4) Users can determine that messages self-destruct.

(5) The subject matter of the contract is the provision of the ginlo Private service on a server of ginlo.net GmbH and the provision of associated apps on the download portals of the various system platforms.

(6) ginlo is designed as an full encryption system such that

• i. no unencrypted messages can be transferred or stored on the ginlo server;
• ii. the keys required to decrypt the messages are saved exclusively in the messenger;
• iii. messages can only be read on the messenger apps of the users or the recipients.

(7) The algorithms and processes used for the encryption are regarded as secure pursuant to the latest technical standards (recommendations of the [German] Federal Office for Information Security).

(8) ginlo is constantly being further developed with regard to the supported encryption algorithms, system platforms and functions. ginlo.net GmbH always provides users with up-to-date apps that ensure the functionality of the system.

(9) The user can download and install an app for a certain number of mobile devices. The use of the ginlo service is only possible with these programs.

(10) The use of the programs requires the creation of a user account on the ginlo server.

(11) The server and its associated storage system must be operated in a computer center in Germany that is certified pursuant to ISO 27001 basic IT protection. No transferring of data to a foreign country is made by ginlo.net GmbH. Transfers initiated by users to user devices used by the users in a foreign country are not affected by this.

(12) Server does not store passwords. Authentications take place exclusively on the authorized user devices of the users.

(13) The service may only be used for private or honorary purposes. Voluntary purposes are those in which the use of ginlo Privat takes place in the context of a public, social, ecclesiastical or similar voluntary activity for which no salary or remuneration is received. Commercial and industrial use beyond this is prohibited and requires a separate license.

4. Registration

Upon registration, a ginlo user account is created for the ginlo user.

5. Concluding of the Contract

Users must first download and install the app onto their end device. When the app is opened for the first time, the registration process will start during which the user submits an offer to conclude a contract. ginlo.net GmbH accepts this offer by registering and activating the ginlo user account.

6. Remuneration

(1) Use of ginlo Private and its apps including sending of completely encrypted messages is free of charge.

(2) Individual features can be purchased for a fee.

7. Duties and obligations of the user

(1) Users may only use the ginlo system for exchanging messages.

(2) It is the responsibility of the user to determine to what extent the services offered are appropriate to meet the specific legislative, legal, or other data protection and data security requirements and to independently determine the extent to which it is permissible to use the services offered within the scope of ginlo for the purpose intended by the user. ginlo.net GmbH does not provide any legal advice in this regard. It should be noted that complete security cannot be guaranteed through technical processes and that the security of encryption processes is subject to continuous change.

(3) Users are responsible for their own activities, especially for messages that are uploaded, stored in the system, kept ready for retrieval, and/or transmitted or distributed by them or by third parties for whom they are vicariously liable. Users are obligated to take appropriate measures to protect the hard- and software (customer system) used by them for the services in order to ensure the security and integrity of their customer systems. This especially includes the use of the most current version of the ginlo app, the operating system software or the browser software, and the taking of the most up-to-date precautions to protect IT security (virus protection scanner, firewall, IT security software, etc.).

(4) The ginlo users must ensure that their passwords are protected from unauthorized use by third parties. They must particularly ensure that their passwords are kept in safe custody, since they cannot access messages without them.

(5) The user must ensure that the use of the services does not result in any adverse effects for ginlo.net GmbH or other third parties. The services offered by ginlo.net GmbH may therefore not be used by the user for illegal purposes and/or misuse, in particular i. no legally prohibited content may be stored and transmitted or made available to third parties; ii.no illegal or immoral content may be stored in the system and transmitted or made available to third parties, including by means of a reference to such content. This includes, in particular, content that incites hatred within the meaning of Sections 130, 130a and 131 of the German Criminal Code (StGB), incites criminal acts or glorifies or trivializes violence, is sexually offensive, is pornographic within the meaning of Sections 184 et seq. of the German Criminal Code (StGB), is capable of seriously endangering the morals of children or adolescents or impairing their well-being, violates the copyright or industrial property rights of third parties, or may damage the reputation of ginlo.net GmbH.

8. License to the app

(1) For the duration of this Agreement, the user shall be granted the non-exclusive, non-transferable and non-sublicensable right to install the Software on a certain number of end devices and to use it within the scope of the contractual purpose stated in Section 3.

(2) ginlo users may only use the messenger app for operation on the ginlo server in conjunction with ginlo.

(3) ginlo users may neither alter the messenger app nor adapt it, translate it, or rework it in any other way nor combine it with any other software.

9. Rights and obligations of ginlo.net GmbH

(1) ginlo.net GmbH provides the ginlo services in accordance with the provisions of this contract.

(2) ginlo.net GmbH will refrain from doing anything that is or could be suited to endangering the security and integrity of stored data and information. ginlo.net GmbH and its employees will therefore never ask for the private key or user identification of the end devices or save such data.

(3) ginlo.net GmbH collects, in accordance with the privacy policy, anonymized crash logs for quality control purposes and to develop ginlo further. Users can opt out by disabling the “Send Crash Log” option in the app.

(4) ginlo.net GmbH will continuously develop the system, in particular with regard to knowledge about IT security technology. New functions may also be developed and existing functions may be replaced by new ones or removed from the system.

(5) ginlo.net GmbH is entitled to change the security system, in particular the encryption system, at any time and switch to a new system using the latest new technology.

(6) In the event of a culpable violation of provisions of law or these General Terms and Conditions by a user or third party attributable to the user, ginlo.net GmbH is entitled to temporarily block the services, either in whole or in part. This is without prejudice to the right to terminate the contract without notice under Section 12 paragraph (2).

(7) ginlo.net GmbH reserves the right to arrange for third parties to provide all or some of the services to be provided under this Contract.

10. Exemption

The user indemnifies ginlo.net GmbH and its vicarious agents from all claims of third parties which are asserted against ginlo.net GmbH as a result of a culpable violation of the obligations listed in these terms of use and/or as a result of other culpable damaging actions of the user or a third party attributable to the user. Furthermore, the user shall compensate ginlo.net GmbH for any damages beyond this, including the costs of any necessary legal prosecution and defense. This obligation also exists in the event of misuse of the user account by third parties, insofar as the user is at fault.

11. Warranty, customer service

(1) The statutory warranty rights apply for the users of ginlo.

(2) ginlo is self-explanatory and easy to use. Users can contact support@ginlo.net as a customer service if they have any questions.

12. ginlo.net GmbH’s liability and limitations of liability

(1) Claims for damages by ginlo user, regardless of the legal grounds, and claims for the reimbursement of expenses are hereby disclaimed, unless the damage is caused by gross negligence or wilful breach of duty or an at least negligent breach of essential contractual obligations, i.e. those contractual obligations which are essential for performance of the contract, which would jeopardise the achievement of the contractual purpose if breached and which the other party should regularly be able to rely on (material obligation). In the latter case, liability is limited to the typically foreseeable damage.

(2) This limitation of liability does not apply to damage resulting from injury to life, body or health, in the event of liability on the basis of the German Product Liability Act (Produkthaftungsgesetz) or if ginlo.net GmbH has has provided a warranty as an exception.

(3) ginlo.net GmbH is not liable for damage resulting from power outages and performance delays due to unforeseeable events which are not the fault of ginlo.net GmbH, its legal representatives or its agents (force majeure). Force majeure events in particular include war, civil unrest, natural disasters, fire, sabotage attacks by third parties (such as computer viruses), power outages, official orders, lawful industrial action within the company and the failure or a reduction of performance of communication networks.

(4) ginlo.net GmbH is also not liable for damage resulting from data losses if this damage could have been avoided by the ginlo users by performing proper regular data backups.

13. Term of the contract, notice of termination, contractual end

(1) The Contract for the use of ginlo commences when the app is downloaded, opened and used for the first time and is concluded for an indefinite period. The user can delete their user profile on the ginlo server at any time and then delete the app on their device.

(2) The right of both parties to terminate the contract without notice for good cause remains unaffected. An important reason for ginlo.net GmbH to terminate the contract without notice is especially given if the user behaves in a way that is likely to endanger the availability and integrity of the ginlo service or if ginlo.net GmbH discontinues the ginlo service.

(3) At the end of the Contract, the user account will be closed on the ginlo server and all saved data will be deleted. At the end of the Contract, it will no longer be possible to access the data or extend the Contract.

14. Final provisions

(1) Changes to these Terms of use or the fees will be communicated to the user by ginlo.net GmbH in an appropriate manner, in particular by a reference to the ginlo website. Unless a written objection by the user is received by ginlo.net GmbH within six weeks after receipt, these changes are considered accepted. ginlo.net GmbH will specifically point out this consequence to the user when notifying him of the changes.

(2) Any invalidity of a provision of these Terms of use shall not affect the validity of the remaining provisions of these Terms of Use. Invalid provisions shall be replaced by provisions that come as close as possible to the intended economic meaning of the invalid provision. The same shall apply in the event of any gaps requiring filling.

(3) The courts of Munich shall have exclusive jurisdiction over any disputes arising out of or in connection with the use of the Services or these Terms of Use.

(4) The law of the Federal Republic of Germany shall apply. However, the law on the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The contractual language is German.

(5) These Terms of use can be accessed at any time in the ginlo app.

Status: April 2020 (20200420)