General Terms and Conditions for the Use of the Arcano App

Version: 01 March 2020

1. Application area

These General Terms and Conditions (hereinafter referred to as GTC) apply to all business relations between customers of the internet application Arcano App ( and Arcano GmbH (hereinafter referred to as the Company).

For ease of reading, the masculine form is used in the following.

2. Conclusion of the contract

Upon successful registration on the domain (hereinafter the website), the contractual relationship between the customer and the company is established.

No contractual relationship with the Company shall arise (1) in the event of use of the Application within the scope of a test access and (2) in the event of use of the Application by any third parties (Clients or potential Clients of the Customer as well as other users of the Application; hereinafter Third Parties).

Payment of the usage fee entitles the customer to use the offer for the duration selected by the customer (hereinafter the subscription). The scope of the offer, the duration and the amount of the usage fee are determined by the information on the website at the time of registration.

3. Offer

Upon registration and payment of the usage fee, the customer receives access to the Arcano application (hereinafter the application) for the selected duration, which enables the customer to receive and send encrypted files (end-to-end encrypted). The customer can use the application on their browser to encrypt files with their private key and generate a link with which the encrypted file can be downloaded and decrypted by the link holder (sending of encrypted files). Via the application, third parties can encrypt files on their browser and send them to the customer; after this encryption, only the customer is able to decrypt the third party's file with his private key (receiving encrypted files).

Sent and received data are kept available for the longest period of 10 days. After this period, the data is deleted again and must be encrypted and sent again.

The Company is entitled to adjust the offer at any time. During the trial access or in the case of other free use, the Company is entitled to discontinue the offer at any time without compensation.

The offer does not include access to the application at all times, nor does it include trouble-free or error-free access to the application. For example, access to the application is restricted during maintenance work, and access to the application may also be restricted or excluded as a result of disruptions or deficiencies on the part of infrastructure providers (network operators, server providers, etc.) (see disclaimer).

4. Subscription

4.1 User fee, period of use and offer

The usage fee, usage period and offer are based on the information listed on the website at the time of registration.

The use of a test access is free of charge. This use does not create a contractual obligation between the parties; the Company may close such a test access at any time.

The usage fee is due upon registration of the customer. The Company is entitled to block access to the application without further notice and to terminate the offer without notice or compensation in the event of default of payment by the Customer.

4.2 Ordinary termination

The customer may cancel the subscription at any time to the end of the period of use.

4.3 Automatic renewal of the subscription

Without cancellation before renewal at the latest, the subscription is automatically extended by the original term.

4.4 Subscription adjustment

The Company is entitled at any time to discontinue the current offer after the expiry of the term and to submit a new offer. The encrypted data available in the application can still be accessed for the period of 10 days after a discontinuation of the current offer. The Company is entitled to delete the account and the encrypted data after the expiration of 10 days.

4.5. Termination

The Company shall be entitled to terminate the Subscription without notice and without compensation if it has reasonable grounds to believe that the Customer is in breach of its obligations under Clause 5.2.

The Company is then entitled to terminate the subscription at any time against reimbursement of the remaining fee and to discontinue the offer. Any further compensation of the customer or obligation of the Company to pay compensation is excluded.

4.6 Deletion of the account

If the Customer deletes the Account, all files associated with this Account will be deleted. Accordingly, the customer is no longer able to access files that have been sent to his account in encrypted form by the third party (receipt of the files). Similarly, links sent by the Customer to third parties are no longer valid and third parties can thus no longer download encrypted files.

5. Obligations of the customer

5.1 Payment of the user fee

The Customer undertakes to pay the usage fee applicable at the time of registration for the offer selected by the Customer.

5.2 Compliance with the law

The Company has no possibility to view the data encrypted by the Customer and the file name used. The Customer undertakes to use the Application in accordance with the regulations in his place of residence and stay as well as the regulations of Switzerland. The Company declines any responsibility for the use of the Application by the Customer or third parties, in particular for the content of the data received or sent through the Application.

Insofar as claims are asserted against the Company by third parties as a result of the Customer's unlawful use of the Application, the Customer undertakes to indemnify the Company against such claims and to pay for costs incurred as a result of defending against such claims (in particular defense costs).

6. Login data and password

The customer is responsible for the safekeeping of his access data; disclosure of his access data to third parties and the use of the application by third parties is not permitted. The Company has knowledge only of the Customer's login name. The password chosen by the Customer is not known to the Company and cannot be recovered by it. If the Customer loses the password, he must generate a new password so that he can use the application again with the new password.

Eine Neuerstellung des Passwortes führt zwingend zum Verlust aller bisherigen verschlüsselten Dateien.

The customer is responsible for the careful and safekeeping of his password. Any liability of the Company as a result of loss of his password and loss of the data encrypted with it is excluded.

The customer is further responsible to choose a secure password (esp. use of special characters, at least 8 digits). It is recommended to enable 2 factor authentication to protect the account.

7. Disclaimer

Gleichermassen wird jede Haftung ausgeschlossen, wenn Daten infolge Verlustes des Passwortes nicht mehr entschlüsselt werden können, sowie Haftung, deren Grund in einem Fehler der Applikation oder der zugrundeliegenden Systeme und der Infrastruktur (Server, Kommunikation) liegt. Aufgrund der Abhängigkeiten von weiteren Systemen kann nicht gewährleistet werden, dass die Applikation jederzeit verfügbar, störungsfrei, sicher oder fehlerfrei verfügbar ist. Die verschlüsselten Daten werden ausschliesslich bei dem jeweiligen Datenserver (z.B. S3) gespeichert, auf dem der Service läuft. Diese Daten werden nicht mit einem weiteren System gesichert. Die Gesellschaft schliesst jede Haftung für beigezogene Hilfspersonen aus. Likewise, any liability for improper use by third parties (e.g. through "phishing websites") or as a result of compromising the customer's equipment is excluded.

8. Intellectual property

All program code as well as the appearance and content of the website are protected by copyright. Any use (copy, modification, publication, etc.) without the written consent of the company and the author concerned is prohibited.

9. Transfer of contractThe Customer agrees that its contractual relationship with the Company shall be transferred to another company or legal entity in the event of a reorganization of the Company.

10. Technical cookies

The customer is informed that the use of the application requires the setting of technical cookies. It is not possible to use the application without technical cookies. The customer agrees to the setting of technical cookies.

11. Final clauses

11.1 Severability clause

Should one or more provisions of the contractual relationship be or become void or ineffective, this shall not affect the remaining parts of this contractual relationship. Such provision shall be amended to the minimum extent necessary to make it valid and enforceable. In the event of the invalidity or ineffectiveness of a clause, it shall be replaced by a clause which comes as close as possible to the economic purpose of the invalid clause.

11.2. Modifications

The Company is entitled to amend these GTCs at any time. Upon publication of the amendment on the website, the amendments shall enter into force.

11.3 Delivery

The Customer agrees that notices from the Company to the Customer may be validly (1) deposited in the Customer's Administration Area or (2) sent to the e-mail address designated by the Customer.

11.4 Prohibition of assignment

Assignment without the written consent of the Company is prohibited. If rights and/or obligations arising from the contractual relationship are assigned, the Company shall be entitled to terminate access to the Offer without further ado.

12. Applicable law and place of jurisdiction

This Agreement and all disputes arising in connection with this Agreement shall be governed by Swiss substantive law, excluding any conflict of laws rules, in particular the Vienna Sales Convention.

The courts having jurisdiction for the City of Zurich (District 3) shall have exclusive jurisdiction over disputes between the Customer and the Company.