Kisble | Terms and Conditions
Agreement of Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you') and Arckipel OÜ ('we', 'us' or 'our'), concerning your access to and use of Kisble App (the 'Application', 'Kisble'). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. If you do not agree with all of these terms and conditions, then you are expressly prohibited from using the application and you must discontinue use immediately. Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.
The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Kisble was developed in order to ensure the user absolute, consistent decision-making authority over his data. We keep no trace on a central server for data which has been erased by the You. It is not necessary to indicate personal data to use the app. The identification of a subscriber takes place exclusively via a nickname and a password created by the user himself. Groups are only managed on the participating devices.
Kisble can be used without providing any personal data. If you voluntarily create your account with a nickname and a password, you confirm in accordance with Art. 8 GDPR that you are at least 16 years old or that you have obtained the consent of your legal guardian. By using the app, you agree to the collection, processing and use of data as described below.
Mobile Application License
Verification of License
To prevent abuse and piracy, the entitlement of a user is verified when creating a Kisble Nickname. For this purpose, the anonymised digital purchase receipt from the app store (Apple/Google/Huawei) is sent to the server and verified. A one-way encrypted (hashed) version of this receipt is stored along with a counter, and the receipt is immediately destroyed. We do not receive personal data from the buyer and cannot link the created Kisble nickname to the buyer. In case of licensing using a license key, the license key will be sent instead of the digital purchase receipt.
Apple and Android Devices
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Kisble is end-to-end encrypted and stand-alone data management chat app developed by Arckipel OÜ. With the Application the user has absolute control over his data (such as messages, voicemails, files, shared positions) in a private chat or group chat. When deleting his own or shared data, the user at the same time irrevocably deletes the record from the database of the server provided by Arckipel OÜ. All communications are fully encrypted and Arckipel OÜ takes all necessary technical and organisational measures to prevent unauthorised data access and misuse. The processing and protection of data is carried out in accordance with applicable legal regulations and EU Regulation 2016/679 (GDPR).
You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using Kisble. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Purpose of Data Processing
The Application processes data to enable the transmission of short messages and media to other subscribers. The data is processed exclusively by Us on our server infrastructure, situated in France and is not passed on to third parties.
Scope and Duration of Data Processing
Inventory of Data
In the context of the use of Kisble, the following inventory data are collected and stored:
- Kisble nickname
- Operating system and version of the Kisble app - Date of creation of the Kisble nickname - Date of the last login When finding other users on Kisble and exchanging messages, only the following information is passed on to other participants: Kisble nickname The information is not passed on to third parties. All data is only stored until deleted by the user. Once the information is deleted, it cannot be restored.
Kisble encrypts all messages, including control messages, using a highly secure end-to-end encryption method. Header information of messages (sender, recipient etc.) is protected by an additional encryption layer for transmission to the server, and from the server to the recipient, to prevent eavesdropping by third parties (e.g. in open wireless networks). We as the operator of the Kisble servers has no possibility to decrypt messages of Kisble users because it does not have knowledge of their private keys. Encrypted messages and media (images, videos, files, etc.) are completely deleted on the servers as soon as they have been successfully delivered. If the messages and media are not or not completely fetched, they will be automatically and irretrievably deleted from the server after two weeks.
The “send location” feature transmits the coordinates of the user’s current location to Kisble if and only if the user has allowed location sharing on their mobile device and the permission to access the user’s location has been granted. The coordinates are used to display a map section including a list of POIs (Places of Interest). The coordinates are transmitted in encrypted and anonymised form, without any reference to a Kisble Nickname or any other personally identifying information whatsoever. Generally, to use the “show map” feature, location sharing is not required. If location sharing is enabled, the permission to access the user’s location has been granted and the “your location” feature is used, the coordinates of the user’s current location are transmitted to the Developer in order to center the map at the user’s current location. Both transmission and processing of the coordinates are performed in encrypted and anonymised form, without any reference to a Kisble nickname or any other personally identifying information whatsoever. If the features “send location” and “show map” are not used, or the permission to access the user’s location has not been granted, no coordinates will be transmitted.
In order to improve the stability and reliability of the app, Kisble relies on anonymous crash reports. iOS: If the user voluntarily and explicitly agrees to the transmission of a crash report after a crash of the app, information about the crash (status of the app at the time of the crash) is transferred to a server of the Developer and stored there for evaluation. If the user does not agree to the crash report transmission, nothing will be sent. Crash reports do not contain any personal data. On iOS, they consist of a stack trace, some information about the device (model, operating system version, but no serial number or similar), the app version, the time stamp of the start and crash, and the list of software libraries loaded in memory. Processor register contents or log messages are not being collected.
Data Processed by Third Parties
Term and Termination
Modifications and Interruptions
The application is provided on an as-is and as-available basis. you agree that your use of the application services will be at your sole risk. to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the application and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we make no warranties or representations about the accuracy or completeness of the application’s content and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the application, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the application, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the application by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the application. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the application, any hyperlinked website, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of liability
In no event will we or our directors, employees or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits, lost revenue, lost data or other damages arising out of the use of the application, even if we have been advised of the possibility of such damages. [notwithstanding anything to the contrary in this agreement, our liability to you for any cause of action, regardless of the form of action, is limited at all times to 1000€ [the amount paid by you to us during the 10 month period prior to the accrual of a cause of action, or. certain state laws do not allow the limitation of implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers or limitations of liability may not apply to you, and you may have additional rights].
If you have any questions about data protection at Arckipel OÜ, you can contact us directly using the form below