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.

General Information

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.

Intellectual Property

Unless otherwise indicated, the Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Estonia, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.Provided that you are eligible to use the Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Application, Content, and the Marks.

User Representations

By using the Application, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not under the age of 16;(3) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (4) you will not access the Application through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Application for any illegal or unauthorised purpose; and (6) your use of the Application will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application(or any portion thereof).

Mobile Application License

Use License

If you access the mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

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

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Application: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

Submissions

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.

Privacy Policy

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).

User Data

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 - Password
- 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.

Message Contents

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.

Location Data

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.

Crash Reports

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

The Developer does not pass on any data to third parties, is completely free of advertising and does not use analytics software to monitor user behaviour. However, some functionalities can only be provided by using external data sources, frameworks or operating system services, which in turn process data and are subject to a separate privacy policy. In order to improve the stability and reliability of the app, Kisble relies on anonymous crash reports. Android: If the user voluntarily and explicitly consents to the general transmission of crash reports to Google when setting up his mobile phone, information (status of the app at the time of the crash, stack trace, manufacturer and operating system of the mobile phone, latest log messages) will be transmitted to Google and stored there for evaluation by the Developer. This information does not contain any personal data.

Amendment of the Privacy Policy

We reserve the right to change this Privacy Policy from time to time in order to comply with changed legal requirements or to reflect new functionalities of the app.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Application. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under aa new nickname even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application. We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms of Use and your use of the Application are governed by and construed in accordance with the laws of Estonia.

Disclaimer

General

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].

Indemnifications

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us

If you have any questions about data protection at Arckipel OÜ, you can contact us directly using the form below