What is covered here

These terms of service define Enigma relationship with you as you use Enigma services, including websites, applications, subscriptions, and more.

Among other important information, these terms of service include the following sections:

It is important that you read and understand these terms of service, because to use our services you must accept and observe these terms.

Besides these terms of service, Enigma relationship with you is also defined by the Privacy Policy; it is important that you read and understand the Privacy Policy as well.

If you do not understand any part of these terms of service or the Privacy Policy, we encourage you to read the FAQ or contact us.

About these terms of service

These terms of service define the relationship between Enigma and each user of its services, including Enigma Site, Enigma App, Enigma Subscription, and any other services.

You will be asked to read and agree to these terms of service before you use our services. If you do not understand or agree with these terms of service, you must not use our services.

Your service provider

In the European Economic Area and Switzerland, Enigma services are provided to you by and you are contracting with:

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In these terms of service, when we refer to “Enigma”, “we”, “us”, and “our”, we refer to Dragon Secure GmbH and its affiliates if they provide services to you.

For ways how you may contact us, including where to address any complaints, please see the contact page.

Microenterprise

For now, we are small and therefore enjoy the status of a microenterprise. This means that we benefit from exemptions from certain regulatory obligations (such as information requirements, contract duration requirements, contract termination requirements) which would otherwise be applicable to larger number-independent interpersonal communications service providers. By law, we are required to disclose this to you.

Required age

You must be above the majority age in your country of residence in order to use our services. If you are not above such a majority age, you must not use our services.

Required authorizations

If you use our services on behalf of an organization, you must ensure that an authorized representative of that organization agrees to these terms of service on behalf of the organization.

Our services

These terms of service apply to the following services:

In these terms of service, when we refer to “services”, we refer to goods, services and applications, including digital content and digital services, generally.

Availability and content of our services and offerings

Our service offerings and services may not be available in all countries, and their content may differ across countries. Feel free to contact us if you are unsure about availability or content of our services in your country.

Prerequisites

Some of our services (such as Enigma App) may require other hardware, software and other prerequisites for you to be able to use them. Such prerequisites are indicated in these terms of service and on Enigma Site.Such prerequisites are not offered by us and must be obtained or acquired by you.

Updates

Sometimes we will supply you with updates, including security updates, that are necessary to keep our services in conformity with the law and these terms of service. We will give you a notice about the availability of any updates. We may automatically install security updates or suspend your access to our services until you install such updates. We are not liable for the lack of conformity resulting from your failure to install the updates.

Modifications

We aim to constantly improve and evolve our services. We may therefore modify the functionality, compatibility, interoperability, security, and other features of our services. We may do so for the following reasons:

When we decide to modify a service, we will give you a prior notice and explain the nature of the modifications. In case modifications negatively impact a service in more than only a minor manner, the applicable law may give you a right to terminate your contract with us.

Discontinuation

We may discontinue all or some of our services in one or more countries at any time. We will always do so for a valid reason. When we decide to discontinue a service, we will give you a prior notice. Currently, we do not offer a possibility to export user content from any of our services.

Enigma Site

Content

Enigma Site contains information about our services, including information about Enigma App and Enigma Subscription, in the form of service descriptions, whitepapers, blogs and frequently asked questions. The content of Enigma Site may be translated into multiple languages.

Our services are constantly evolving; therefore, we may change the content of Enigma Site at any time. While we do our best to keep Enigma Site in good order, some content of Enigma Site may become out of date. Feel free to contact us if you notice any inconsistencies or if you have any doubts.

Ownership

All rights to the content of Enigma Site, such as text, interfaces, trademarks, artwork, photographs and other content, belong to us or our licensors. All such rights are protected by law. You must not copy, reproduce, publish, translate, publicly display, make available to the public or otherwise exploit the content of Enigma Site.

Links to other content

Enigma Site may contain links to content under the control of other persons. Such links, including their content, are provided for your convenience only and are not under our control. We are not liable for such content. We encourage you to make your own judgement about such links and their content.

Enigma App and Enigma Subscription

Main characteristics

Enigma is a number-independent interpersonal communications service. It is offered through Enigma App and, among other prerequisites, requires Enigma Subscription.

Main characteristics of Enigma App, including its functionality, compatibility, interoperability, security and other features, are indicated on Enigma Site.

We provide Enigma App using reasonable skill and care, although no minimum level of quality of service is offered.

Enigma App and Enigma Subscription go hand in hand and cannot be used separately.

Prerequisites

Main prerequisites for Enigma App are the following:

Our services are Internet-based and therefore require fast and reliable access to the Internet. Access to the Internet is not offered by us and must be acquired by you; any related fees (such as data fees) are your responsibility.

Price

The price of Enigma Subscription is indicated on Enigma Site and depends on the length of the subscription period selected by you (for example, 6 months or 12 months subscription).

Unless otherwise indicated on Enigma Site, all prices indicated on Enigma Site are in euros (€) and, once you select your country of residence, include applicable value added tax.

Payments with selected credit or debit cards as well as payments in selected cryptocurrencies may be possible on Enigma Site. When paying in a cryptocurrency, at the time of purchase, the price of Enigma Subscription is converted into the cryptocurrency chosen by you at the then-current exchange rate.

GrapheneOS and Enigma App are available for download and installation free of charge, but Enigma App cannot be used without Enigma Subscription.

Process of purchase

Enigma Subscription is available for purchase through Enigma Site.

The main steps of the purchase process with a credit or debit card are as follows:

After making your selections, you will be prompted to copy or download your unique order ID. You must copy or download your order ID for future reference as the order ID will not be sent to you in any way. Your order ID is the only way for you to follow the status of your order through the dedicated page on Enigma Site, in particular, to see the receipt of your order, to download the copy of these terms of service, to check the progress of your payment, to download your Enigma Subscription code (once the purchase is completed). If you lose your order ID, you will lose your ability to do this.

You may correct any errors in your selections before making the payment for your order. You may do so by using your browser’s go back function. You cannot alter your order after making the payment for it.

If the payment is not received or is received late, your order will be cancelled automatically, and your purchase will not be considered to be completed.

The payment in a debit or credit card may take few minutes to process. The payment is considered to be made and your purchase is considered to be completed once the payment is confirmed and received by us.

The main steps of the purchase process in a cryptocurrency are as follows:

After making your selections, you will be prompted to copy or download your unique order ID. You must copy or download your order ID for future reference as the order ID will not be sent to you in any way. Your order ID is the only way for you to follow the status of your order through the dedicated page on Enigma Site, in particular, to see the receipt of your order, to download the copy of these terms of service, to check the progress of your payment, to download your Enigma Subscription code (once the purchase is completed). If you lose your order ID, you will lose your ability to do this.

You may correct any errors in your selections before generating the wallet link (address) and making the payment for your order. You may do so by using your browser’s go back function. If you make corrections to your selections after generating the wallet link (address), you must generate the wallet link (address) anew and use the new wallet link (address) for making the payment. You cannot alter your order after making the payment for it.

Once you select the cryptocurrency and generate the cryptocurrency wallet link (address), the price of Enigma Subscription will be converted into the cryptocurrency chosen by you and shown to you. You may cancel your order if you do not accept the converted price.

If you do accept the converted price, you will have 120 minutes from the moment of the generation of the cryptocurrency wallet link (address) to make the payment - to send the payment to the generated address by using your cryptocurrency wallet. If the payment is not received or is received late, your order will be cancelled automatically, and your purchase will not be considered to be completed.

The payment in cryptocurrency may take around 45 minutes to process, depending on the cryptocurrency used for payment. The payment is considered to be made and your purchase is considered to be completed once the cryptocurrency payment is confirmed on the blockchain and received by us.

Once the purchase is completed, you will be able to download your Enigma Subscription code through the dedicated page on Enigma Site by using your order ID. With your Enigma Subscription code you may activate your Enigma App. You may activate your Enigma Subscription code only once.

GrapheneOS and Enigma App are not part of the above purchase processes. They are available for download and installation free of charge through Enigma Site.

Promotions

From time to time, we may organize promotions of our services by distributing promotional codes. Such promotions will be subject to certain conditions. If you have an eligible promotional code, you may use it when prompted during the process of purchase. You cannot use the promotional code after you generate a wallet link (address) and make the payment for your order

Duration

Enigma App is available for you to use immediately after you purchase Enigma Subscription on Enigma Site and activate Enigma Subscription code within Enigma App. Enigma App is available for you to use until the end of Enigma Subscription period unless you renew Enigma Subscription.

Renewal

Your Enigma Subscription does not renew automatically. You may renew it by purchasing a new Enigma Subscription on Enigma Site and activating Enigma Subscription code within Enigma App not later than 14 calendar days from the end of your earlier Enigma Subscription period.

If you do not renew your Enigma Subscription within 14 calendar days from the end of your earlier Enigma Subscription period, your Enigma Account, including all the data associated with it, will be automatically and irreversibly deleted. We will give you a notice before the expiry of 14 calendar days.

Suspension

We do not offer an option to suspend Enigma Subscription.

Termination

You may terminate your Enigma Subscription at any time without cause either by deleting your Enigma Account within Enigma App or by deleting your Enigma Account remotely at https://flasherbox.io/. Once you delete your Enigma Account, all your data associated with it will be automatically and irreversibly deleted even if you do not uninstall Enigma App from your phone.

You may terminate your use of Enigma App (to the extent it can be used without Enigma Subscription) at any time without cause by uninstalling it from your phone. The termination of the use of Enigma App does not terminate Enigma Subscription and does not delete your Enigma Account or your data.

The secure and private nature of our services does not enable us to refund you or otherwise compensate you for the remaining (unused) Enigma Subscription period. Please bear this in mind when purchasing and terminating our services.

For more information about termination of your contract with us, please see Ending our services section.

Emergency services, caller location information

Our services do not provide access to emergency services, such as the single European emergency number 112, and to caller location information.

Security incidents, threats, vulnerabilities

We take technical and organizational measures to safeguard the security of our services and to prevent or minimize the impact of security incidents. In case of a threat of a particular and significant security incident that may affect you, we will inform you about such a threat and possible protective measures or remedies that you can take. In case of known vulnerabilities, we will implement patches available to us. In case of a security incident, we will take appropriate countermeasures and notify government authorities as required by law.

Using our services

Your Enigma Account

For some of our services (such as Enigma App, Enigma Subscription) to work, you must have Enigma Account. In such a case, you will have to create a Enigma Account the first time you set-up a service.

You are responsible for the use of your Enigma Account. You must keep your Enigma Account secure against its misuse and abuse by other persons.

If we suspend your access to our services or terminate your contract with us, you must not create another Enigma Account without our permission.

Obligation to respect others

You must comply with the following rules of conduct:

Obligation to respect fair use

You must comply with the following rules of fair use:

Obligation to follow these terms of service

We give you permission to use our services as long as you comply with these terms of service. In any event, we retain any intellectual property rights we have in the services.

Service-related communications

We may sometimes send our customers generally service-related messages, announcements and other communications. For ways how we may communicate with you, please see the Privacy Policy.

Customer assistance

You may seek customer assistance by:

Your data

Handling your data

For more information about how we process your data, please see the Privacy Policy.

Handling requests for your data

By law, we are bound to cooperate with government authorities, including responding to data disclosure requests. We review data disclosure requests carefully to make sure they satisfy the law.

Nevertheless, we are bound to disclose only such data which we actually store. For more information about the categories of data we process (store), please see the Privacy Policy.

Software in our services

Some of our services (such as Enigma App) include downloadable software.

While any intellectual property rights to the software is retained by us, we give you a permission (licence) to use the software as part of the services.

The licence we give you is:

You must not alter, modify, adapt, translate, decompile, disassemble, decrypt, extract, reverse engineer the software (except as and only to the extent any such restriction is prohibited by the applicable law or by the terms governing use of open-source software included in the software). Also, you must not distribute, sell, rent, lend or otherwise transfer any part of our services or software.

Our software may contain software that belongs to other persons as well as open-source software.

Other goods, services, applications

We may recommend to you or direct you to goods, services or applications of other persons or organizations. For example, we may indicate sellers or providers of phones (such as Google`s Pixel phone), SIM cards or operating systems (such as GrapheneOS) which are prerequisites for Enigma App

We do not control the goods, services or applications of other persons or organizations, and we do not act for these persons or organizations. We therefore are not liable for these goods, services and applications. These goods, services and applications may also be subject to a set of terms, including licence terms, so please be sure to read them.

Ending our services

Terminating your contract with us

Your contract with us will terminate once you do all of the following:

Right of withdrawal

Except for your contract for Enigma Subscription, if you are a consumer based in the European Economic Area, you may have the right to withdraw from your contract with us as described in the EU`s Model Instructions on Withdrawal indicated below.

The secure and private nature of our services does not enable us to offer you a right to withdraw from your contract for Enigma Subscription (either before or after you activate Enigma subscription code).

If you are an organization, you do not have the right of withdrawal.

In case of problems or disagreements

Legal guarantee

If you are a consumer based in the European Economic Area, the law provides you with a legal guarantee covering the digital content and digital services that we supply to you. Under this legal guarantee, we are liable for the lack of conformity that you discover:

The law of the country where you are based (in legal terms, where you have a habitual residence) can provide you an even longer guarantee

Liability

We are liable only for our breaches of these terms of service, subject to the applicable law.

We are not liable for any indirect or consequential damages. Also, we are not liable for lost profit, lost income,lost opportunities, irrespective of whether they are direct, indirect or any other type of damages.

Our liability arising out of or relating to these terms of service is limited to 125 percent of the fees that you paid to use relevant services in 12 months before the breach.

These terms of service do not limit or exclude liability in those cases where liability cannot be limited or excluded under the applicable law, such as in cases of intentional fault, gross negligence, impairment of health, deprivation of life.

Taking action in case of problems

Before taking the action described below, we will aim to give you a prior notice and give you an opportunity to fix a problem. However, we may not give you such prior notice if this would:

We may suspend your access to our services or terminate your contract with us and irreversibly delete your Enigma Account if:

For more information why we may suspend your access to our services or terminate your contract with us, please see the FAQ. Feel free to contact us if you feel that your Enigma Account has been suspended or terminated unreasonably.

In case we breach these terms of service, applicable law may give you a right to terminate your contract with us

Resolving disputes, governing law, and courts

Feel free to contact us to resolve any issues directly.

If you cannot resolve your issues with us, you can resolve disputes exclusively in the courts of Switzerland. If you are a consumer based in the European Economic Area, you can also resolve disputes in the courts of the country where you are based (in legal terms, where you are domiciled) and you can also have a right to resolve disputes using alternative dispute resolution bodies.

If you are a consumer based in the European Economic Area, the European Commission offers the European Online Dispute Resolution (ODR) platform, but we are not legally required to use this or any other online dispute resolution platform.

The law of Switzerland applies exclusively to these terms of service and your relationship with Enigma under these terms of service. If you are a consumer based in the European Economic Area, certain protections of the law of the country where you are based (in legal terms, where you have a habitual residence) can also apply.

Other important things about these terms of service

By law, you may have certain rights that cannot be excluded or limited by contracts such as these terms of service. These terms of service do not affect such rights.

These terms of service define the relationship between you and Enigma. They do not create legal rights for any other persons or organizations, even if others benefit from the relationship under these terms of service. If you do not comply with these terms of service and we do not take action right away, this does not mean that we are giving up any rights that we may have, such as taking action in the future

We may change these terms of service, for example, to reflect the changes in our services, to comply with the law, to prevent abuse or harm. When we materially change these terms of service, we will give you a prior notice and an opportunity to review the changes.

If you do not understand or agree with the changes of these terms of service, you must decline the new terms of service and stop using our services.

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Definitions

consumer

A natural person who, in its relationship with us, is acting for purposes which are outside his trade, business, craft or profession.

European Economic Area

Member states of the European Union (EU) and member states of the European Free Trade Association (EFTA) (Iceland, Liechtenstein, and Norway).

organization

A legal entity, such as a company or non-profit organization.

majority age

Check the laws of your country of residence for applicable majority age.

microenterprise

A microenterprise, as it is defined in Commission Recommendation 2003/361/EC.

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