March 23, 2022
These terms and conditions of use of Threema GmbH ("THREEMA"; "Terms of Use") shall apply to the use of the service described in Section 2.
Individuals who use the service ("Users") receive the authorisation to use the service ("User Authorisation") either directly from THREEMA or from an authorisation administrator. The administrator of User Authorisations (hereinafter the "Administrator") is defined as companies, organisations or natural persons who acquire multiple User Authorisations from THREEMA in order to make them available to a limited group of users.
The Terms of Use shall apply from the time the User uses the service. THREEMA may also require the User to confirm their explicit consent to the Terms of Use by clicking on them. Persons who lack full legal authority to bind a User to these Terms of Use are requested not to click on "Accept" and not to use the service until the User has consented to the Terms of Use.
2.1 THREEMA provides various server services to Users (and Administrators) so that Users (and Administrators) can communicate with each other using API, desktop or mobile applications provided by THREEMA or a third-party provider explicitly approved by THREEMA (each of these is hereinafter called a "THREEMA-Client") (the "Service"). THREEMA’s current offer is available on the website threema.ch. If the Service is incorporated into offers from third parties, the terms and conditions of the respective provider shall apply.
2.2 THREEMA does not offer Internet or telecommunications services. Users are responsible for data transfer and applicable fees. A connection and authorisation (Section 3) are required. Emergency calls cannot be made via our service. Public telephone networks must be used instead.
2.3 Rights and obligations are set forth in the End User License Agreement ("EULA").
3.1 Users acquiring Authorisation from THREEMA receive a non-exclusive, limited right to use the Service for Permitted Use (Section 4), subject to the usage provisions (Section 5).
3.2 If Authorisation is granted via an Administrator, it is also subject to the Administrator fulfilling its contractual obligations. Administrators may define additional restrictions.
4.1 Users may use the Service for operational or test purposes ("Permitted Use").
4.2 For "Operational Use", Users must use an approved THREEMA-Client and possess a valid Authorisation (Section 3).
4.3 For "Test Purposes", Users may use modified Clients based on THREEMA’s open source, subject to having Operational Use rights and complying with license terms.
5.1 Users must ensure compliance with technical requirements (platforms FAQ). THREEMA may change these requirements.
5.2 Users must access the Service using their assigned THREEMA-ID and protect access credentials. Unauthorized use is the User’s responsibility.
5.3 Users must not transmit "Unauthorised Content", including:
5.4 Reports of Unauthorised Content may be emailed to abuse@threema.ch ("Complaint").
5.5 The Service must not be misused. Prohibited acts include:
6.1 THREEMA strives for consistent availability but may face interruptions due to maintenance, security, or external events.
6.2 Availability may be restricted in certain regions.
6.3 THREEMA may suspend or revoke Authorisation without notice for operational, legal, or violation reasons. Users cannot claim compensation or reacquire Authorisation without permission.
6.4 Users may report issues via the support form.
6.5 Support and service availability commitments apply only to Administrators, not individual Users.
7.1 THREEMA holds all rights to Service-related information, content, and features ("THREEMA-Content"). Use without prior consent is prohibited.
7.2 Users retain rights to their own content ("User-Content"). THREEMA may store and provide access to User-Content as necessary to deliver the Service.
8.1 Personal data processing is described in THREEMA’s Privacy Policy.
8.2 Administrators are responsible for data they process. THREEMA processes personal data on behalf of Administrators per data processing agreements.
Users use the Service at their own risk. THREEMA is liable only for direct damage caused by gross negligence or willful misconduct. Liability for indirect damages, data loss, or availability issues is excluded, as is liability for User misconduct.
THREEMA is not liable for non-availability, software issues, hacker attacks, or Internet-related problems.
Users are liable for breaches they cause and must indemnify THREEMA against third-party claims resulting from their content or conduct, including legal costs.
10.1 Users may terminate usage by revoking their THREEMA-ID.
10.2 THREEMA may terminate access if:
Transfer of rights requires prior written consent from the other party.
Invalid provisions do not affect the validity of the rest. Invalid terms will be replaced with valid equivalents.
THREEMA may amend the Terms of Use without notice. Continued use constitutes acceptance unless the User objects within 10 days.
Swiss law applies, excluding conflict of law rules. Disputes shall be settled in Zurich courts. THREEMA reserves the right to initiate proceedings elsewhere. Mandatory consumer protection laws remain unaffected.