Terms of Service

Terms of Service

Version: 2.0
Effective as of: 29 December 2025

Note: This English version is provided for convenience only. In case of any discrepancies or interpretation issues, the German version shall prevail and is legally binding.

1. Subject of the Agreement

1.1 The SQURE.IO Messenger  (“Service”) is an internet-based communication service for the secure transmission of messages, files and, where applicable, voice and video communication.

1.2 Depending on the subscription, additional modules such as broadcast functionality, cloud or on-premises deployment, white-label options and integrations/APIs may be provided.

1.3 Unless expressly agreed otherwise, the Service is provided against payment.

2. Scope / Contracting Parties / B2B Restriction

2.1 Contracting party is:

Herton Digital GmbH Vorlaufstrasse 5/I 1010 Vienna, Austria Commercial Register No.: FN 191435y Commercial Register Court: Handelsgericht Wien (Commercial Court of Vienna) VAT ID: ATU 48888501 Contact: info@herton.eu Supervisory Authority: Magistratisches Bezirksamt des I. Bezirks (hereinafter “Provider”) and the respective customer (“Customer”).

2.2 These Terms of Service apply exclusively to entrepreneurs within the meaning of § 1 UGB (Austrian Commercial Code). Use by consumers is excluded.

2.3 Confirmation of Entrepreneur Status / Authorisation

By accepting these Terms of Service, the user expressly confirms that he/she:

  • is an entrepreneur within the meaning of § 1 UGB,
  • acts on behalf of and for the account of a company, and
  • is duly authorised to legally bind such company.

2.4 Consequences of Misrepresentation

The Provider is entitled, in the event of justified doubt, to request proof of the Customer’s entrepreneurial status and to suspend access until clarification. If it is determined that a user is a consumer or has provided false information, the Provider may terminate the contract with immediate effect for good cause. The user and/or company shall be liable for resulting damages and shall indemnify and hold the Provider harmless from any third-party claims.

2.5 Conflicting terms of the Customer shall only apply if expressly accepted in writing by the Provider.

3. Licence Rights

3.1 The Customer is granted a non-exclusive, non-transferable, revocable licence for the term of the contract.

3.2 Use is licence-based; a valid licence is required per user.

3.3 Misuse, illegal use or non-authorised use is prohibited.

3.4 Use with unauthorised clients, third-party servers or modified components is not permitted.

4. Customer Responsibilities

4.1 The Customer is responsible for all activities of its users.

4.2 Access credentials must be kept confidential; misuse must be reported immediately.

4.3 The Customer shall ensure user training and timely updates.

4.4 The Customer is responsible for devices, connectivity and related costs.

4.5 The Customer shall indemnify and hold the Provider harmless from third-party claims arising from unlawful use.

5. Services Provided by the Provider

5.1 The Provider operates the Service in line with industry standards as a best-effort service.

5.2 No guarantee is given regarding message delivery, availability or error-free operation.

5.3 Maintenance, updates and development may cause interruptions which do not constitute a reduction in availability.

5.4 Support is generally provided via email during normal business hours.

5.5 The Provider may suspend access in the event of violations.

6. Fees and Payment Terms

6.1 Use may include a test phase; thereafter fees apply according to the selected model.

6.2 Invoices must be paid on time; otherwise the Provider may suspend access.

6.3 Price adjustments shall be notified at least 30 days in advance; the Customer may terminate the contract until the effective date.

6.4 All prices are inclusive of statutory VAT unless expressly stated otherwise.

7. Term and Termination

7.1 Minimum contract term depends on the selected subscription model.

7.2 Termination must be in writing with 90 days’ notice prior to the end of the term.

7.3 Payments already made are non-refundable unless mandatory law provides otherwise.

8. Test Phase

8.1 The Provider may grant a test phase. Unless otherwise agreed, the test phase lasts 90 days, during which the Customer may onboard up to 90 users free of charge. There is no entitlement to a test phase.

8.2 The test phase is free of charge and ends automatically. No automatic conversion into a paid subscription takes place. A paid contract only arises through an explicit order by the Customer.

8.3 The Provider may terminate the test phase at any time without reason, restrict functionality or adapt the service. No claims arise therefrom.

8.4 These Terms apply mutatis mutandis during the test phase. Liability during the test phase is additionally limited and exists only in cases of intent or gross negligence, where legally permissible.

8.5 The Provider may impose technical, functional or organisational limitations.

9. Data Protection

9.1 The GDPR and Austrian Data Protection Act apply.

9.2 A data processing agreement will be concluded between the parties where required.

9.3 The Provider implements appropriate technical and organisational security measures; the Customer is responsible for the lawfulness of its processing activities.

10. Liability and Warranty

10.1 Use is at the Customer’s own risk.

10.2 No guarantees are made regarding availability, error-free operation, continuous service, functionality, interoperability, data retention or fitness for a particular purpose.

10.3 Exclusion of Liability

To the extent legally permitted, liability is excluded for:

  • indirect or consequential damages
  • loss of profit
  • business interruption or production downtime
  • data loss
  • delays, outages or security incidents outside the Provider’s control
  • actions of third parties, including users

10.4 Events Beyond Control

No liability exists for network failures, force majeure, cyber-attacks, third-party infrastructure or customer systems.

10.5 Mandatory Liability / Limitation

Where liability cannot be excluded by law, it is limited – except in cases of intent or gross negligence – to the fees paid by the Customer during the 12 months preceding the damage event. Liability for slight negligence is excluded, except in cases of personal injury.

10.6 Maximum Aggregate Liability

The Provider’s total liability is limited – to the extent permitted by law – to EUR 25,000 or the fees paid by the Customer in the twelve (12) months preceding the damage event (whichever is lower). Mandatory liability, intent, gross negligence and personal injury remain unaffected.

11. Special Modules

11.1 Broadcast

May be subject to usage limits; misuse (including spam) may lead to suspension.

11.2 On-Premises (Additional Terms)

  • Installation, operation, maintenance, security and infrastructure are the Customer’s responsibility.
  • The Provider assumes no liability for customer infrastructure, configuration, performance or security.
  • The Customer must ensure required system conditions.
  • Support is provided only under separately agreed terms.

11.3 White-Label (Additional Terms)

  • Use of branding or corporate identity is only permitted under separate written agreement.
  • The Customer is responsible for legal notices, regulatory requirements and all published content.
  • The Customer shall indemnify and hold the Provider harmless from resulting claims.
  • Additional fees may apply; details follow from individual agreement.

12. Amendments

Amendments to these Terms will be communicated to the Customer. If no objection is raised within 30 days, the amendments are deemed accepted.

13. Final Provisions

Austrian law applies exclusively, excluding the CISG.
The place of jurisdiction is the competent court at the Provider’s registered office.
If any provision is invalid, the remaining provisions remain unaffected.
In case of discrepancies, the German version of these Terms is legally binding; this English version is for convenience only.

Last updated: 29 December 2025