Terms & Conditions

V 1.0

April 15th, 2024

QYPT GMBH, BERLIN owns and operates the website www.qypt.ai (the “Website”). The Website offers a product, allowing for local processing to be conducted or encrypted data processing on server thereby ensuring data is not leaked when sent to others in collaboration. Unless otherwise specified in the present Terms and Conditions, the Website is available to users residing anywhere the world.

The present Terms and Conditions set forth the terms upon which Users (as further defined) may use the Website and purchase a subscription to the product offered on the Website. QYPT GMBH, BERLIN seeks to ensure Users benefit from an enriching experience while using the Website. Further, it is crucial for all users of the Website to understand their legal obligations and rights with respect to the Website. Please review these Terms and Conditions, in full, prior to using the Website.

1. Background

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

The product uses edge artificial intelligence (AI) and encrypted AI to protect the contents of requested data, rather than sharing the document or file in plain text with no data protection. The usage of the edge AI is intended to safeguard the data, and avoid its transmission, thereby guaranteeing the privacy and security of the data used for purposes of the collaboration. The Website’s product allows for local processing to occur, thereby ensuring data is not transmitted or leaked when sent to others in collaboration. 

Within the product offered for purchase on the Website are licenses, including, including without limitation, Apache 2.0, BSD-3 and MIT licenses, for which QYPT GMBH, BERLIN has acquired the appropriate licenses. 

2. Definitions

When used in these Terms and Conditions, the following defined terms shall have the definitions set forth hereinbelow:

Disputes” shall refer to disputes, differences and/or claims between a User and Qypt arising out of or relating to these Terms and Conditions. 

Product” or “Products” shall refer to the following: (i) the license to the Product software offered by Qypt on the Website, (ii) specialized training provided by Qypt regarding the usage of AI in connection with private data. For reference purposes, this training shall only be available to business Users, and not to individual Users; and (iii) ongoing maintenance services, which shall also be available for business Users only, and not individual Users.

Qypt” shall refer to QYPT GMBH, BERLIN, the company that owns and manages the Website.

Terms” or “Terms and Conditions” shall refer to the latest version of these Terms and Conditions and shall include any and all updates, amendments, modifications and supplements made thereto from time to time.

Third Party Sites” shall refer to third party websites, networks, software, applications, systems, products and services linked or otherwise referenced on the Website.

Users” shall refer to all users of the Website, including both individual users and businesses, without distinction. The term “User” shall refer to an individual User of the Website. 

3. Acknowledgement

It is each User’s exclusive responsibility to carefully read through and understand these Terms and Conditions in full. By using the Website, each User confirms to Qypt that the User has carefully read and clearly understood the present Terms and Conditions.

4. Application of these terms

These Terms and Conditions shall constitute a binding and enforceable agreement between Users and Qypt. Users acknowledge that Qypt shall not be bound by any other agreements, terms or policies, except for the present Terms and Conditions and any policies implemented by Qypt, including, without limitation, its Privacy Policy. 

Users agree to read and review these Terms and Conditions in full prior to using the Website. Moreover, Users are encouraged to read and review these Terms and Conditions on a periodic basis to ensure familiarity and compliance with the latest version of these Terms. 

5. Acceptance of these terms

By accessing, visiting, browsing or using the Website, Users confirm that they have read and understood these Terms and Conditions in their entirety. Users acknowledge that they shall be bound by these Terms and Conditions as though they manually signed them. 

Users of the Website are required to act with integrity, in compliance with applicable laws and the obligations set forth in these Terms and Conditions and other policies developed by Qypt, which shall be published on the Website.

If a User does not agree with any portion of these Terms, such User’s sole recourse shall be to not access or use the Website. 

  1. Updates to these terms & conditions

Qypt may update or change these Terms and Conditions at any time at its sole discretion. The most recent version of these Terms and Conditions shall be published on the Website. These Terms and Conditions shall specify the date of their latest update.

All updates to these Terms and Conditions shall be binding as of their publication on the Website. A User’s usage of the Website following the publication of the updated Terms and Conditions shall constitute the User’s agreement to be bound by the updated Terms and Conditions.

  1. Conditions to use the website

To be eligible to use the Website, each User confirms and represents the following to Qypt:

  1. The User is an adult. For purposes of these Terms and Conditions, an adult is defined as (1) an individual who is at least eighteen (18) years of age, or (2) an individual who has reached the age of majority in the individual’s country of residence. Any User who does not meet the minimum age requirement may not use or access the Website.

  2. The User agrees to use the Website in accordance with all applicable laws, regulations and government orders.

  3. The User has the capacity and ability to enter into legally binding contracts. 

  4. The User has not been barred from accessing or using the Website under any applicable law or pursuant to an administrative decision. 

  5. The User is not subject to any limitations or restrictions that would prevent, restrict or otherwise impair the User’s right to use the Website.

  6. The User does not have a criminal record, nor has the User been convicted of a crime.

  1. Usage of the product

For reference purposes, Qypt does not hold keys of the data: Solely the sender and the receiver shall hold the keys to such data. The key management for the data shall be handled by Seald, a third party service provider. Seald’s legal notice may be viewed here: https://www.seald.io/legal-notices. Qypt has no way to access the content of the data that is shared on its Website.

To use the Product offered by the Website, Users shall be required to provide text messages or text documents. The text messages to be provided to benefit from the Product shall be similar to signal or wire (mobile apps). Any text documents to be provided shall be in either PDF or text file.

  1. Creation of User Accounts

To subscribe to the Product on the Website, Users shall require a user account. To create a user account on the Website, a User shall submit its valid email address and display name. User accounts shall be secured by a password. All usernames and passwords shall remain confidential and personal. 

In case of any security breach or compromised password, Users shall notify Qypt at their earliest convenience by sending an email or through a notification on the Website. Qypt shall not be responsible for any losses due to stolen or hacked passwords. Qypt does not have access to Users’ current passwords, and for security reasons, Qypt may only provide Users with instructions on how to reset their passwords. 

Provision of Information

Each User confirms and validates that all information provided as part of its user accounts is accurate, complete and true. Each User shall update information contained in its user account as needed to ensure the information remains current. The User shall be responsible for updating any personal data which becomes outdated or expired. In addition, the User represents and warrants to Qypt that all information the User provided when establishing its user account is and shall remain complete and accurate.

Users further confirm that they have not had a user account on the Website that Qypt previously terminated or suspended. Moreover, Users shall not transfer their user accounts, or sell, lease, or assign them to a third party.

Responsibility for User Accounts

Qypt reserves the right to update a User’s contact information in its user account for billing purposes. Every user account is personal and may only be used by the registering User. A User may not share its login details with a third party. Each User shall also be responsible for any activity occurring under its user account, whether or not the User authorized such activity.

Users shall be held responsible for all acts, purchases, and omissions arising out of or relating to their User Accounts. Users agree not to engage in unacceptable use of their User Accounts and to further strictly comply with the provisions contained in these Terms and Conditions. Users may not use a User Account that does not belong to them.

While Qypt implemented strict security measures, Qypt is unable to guarantee that user accounts shall be protected against unauthorized access at all times. Qypt declines all liability for losses or damages arising out of the unauthorized usage of user accounts. Consequently, Users shall assume all risks associated with their usage and purchases relating to their user accounts.

Termination of User Accounts

In case of a User’s unlawful conduct or breach of the present Terms and Conditions, Qypt may terminate, without notice, the User’s user account on the Website. Qypt shall not be held responsible for any possible loss as a result of such termination nor for any credit compensation or refund. 

Qypt shall be entitled to suspend a user account on the Website and/or terminate a user account with immediate effect, if Qypt believes that a User did not meet the requirement(s) stated in these Terms and Conditions or did not pay the subscription fees on time. 

A User may terminate its user account on the Website at any time by following the instructions provided by Qypt for deleting user accounts. 

Upon the termination of the User’s user account on the Website, all corresponding account activity shall be deleted by Qypt, except to the extent necessary to comply with legal obligations and protect Qypt’s legitimate business interests. As such, all information regarding past purchases and subscriptions shall be stored by Qypt following the termination of the user account, unless otherwise specified. 

As Qypt is not responsible for storing user account data and activity except to the extent required by law, Qypt encourages Users to backup any data prior to the deletion of their user accounts on the Website. 

  1. Purchasing & Pricing

All Product sales shall be handled on the Website. Users shall be invited to purchase a subscription to the Product on the Website by making a purchase and paying the applicable fees. 

Prior to purchasing a Product, Users may consult the Product’s description. In good faith, Qypt shall employ reasonable efforts to provide an accurate description of the Product. Notwithstanding the foregoing, Qypt shall not be liable for incomplete, incorrect, or otherwise erroneous Product descriptions.

Prices shall be subject to change, at Qypt’s discretion. Such pricing shall only apply to future purchases of Products, and not to previously purchased Products or past orders. 

Payments for the Product may be made using Apple or Play Store, credit card, bank transfer or any payment method authorized by Qypt in advance.

Accordingly, for payment using a third party payment processor, Users shall be required to submit personal information to Qypt’s third party payment processing company. Such personal information may include Users’ contact information, and payment information. 

Qypt shall bill a User’s credit card upon the time the order is placed unless otherwise agreed to in writing. Pursuant to making a purchase on the Website, Users shall be charged for the amount in the applicable order. If the User’s payment information is invalid or otherwise unacceptable, the User’s purchase shall not be completed.

Users remain fully responsible for all Product purchased using their credit card or payment information, whether or not authorized by the User. Users agree to notify Qypt and its third party payment processing company of the breach or the compromise of Users’ payment information. Users also agree to promptly inform Qypt of any hacks or security problems involving Users’ payment information, such as theft or the unauthorized use of the User’s credit card.

All currency and transaction related costs are included in the displayed price of the Product. Qypt reserves the right to modify the prices on an as needed basis to consider the fluctuations of currency exchange rates.

  1. Subscriptions

In order to secure a license to use the Product, Users shall purchase a subscription. The subscription shall be payable on a monthly or yearly basis. The pricing for the subscription shall be set by Qypt. The pricing shall consist of a recurring monthly fee payable to Qypt to receive a license to use the Product. The subscription shall allow the User to use the Product in accordance with the license terms.

Users acknowledge that the purchase of the subscription, and any sums relating to such purchases shall be paid on their due dates, in one (1) full installment. Users agree that Qypt shall charge the payment information provided, which may consist of a credit card. Qypt may use a third party to store Users’ payment information to allow for recurring payments. 

If the payment information provided is invalid or unacceptable, Qypt reserves the right to cancel the corresponding subscription.

Renewals

Unless otherwise specified in the subscription confirmation and unless cancelled, the subscription shall automatically renew for subsequent periods. Qypt shall be authorized to automatically charge Users’ payment information provided on or prior to the renewal date. 

The subscription shall remain in effect until the earlier of (a) the User’s failure to pay the subscription fees on their due date, or (b) the cancellation of the subscription according to these Terms. 

Billing Errors

Qypt endeavors to provide clear and transparent billing for the subscriptions purchased on the Website. Despite Qypt’s best efforts, billing errors may occur. In the event of a billing error, Qypt shall provide the appropriate refund or credit against future payments owed. The billing error shall promptly be corrected. 

Subscription Cancelations

Users may cancel their subscriptions, at any time, upon providing a written notice to Qypt. Once the subscription is cancelled, the User shall no longer benefit from the license to the Product. 

Any cancellation request submitted shall not give rise to any refunds.

Users’ payment information shall cease to be billed on the effective cancelation date. Unless otherwise indicated, the corresponding user account shall remain active, even if the User no longer benefits from a subscription.

Refunds

Please note that Qypt does not offer refunds, price protection or reductions in case of a promotional offering or for any other reason. All subscription sales and purchases made on or via the Website are final and may not be refunded to the User. 

Notwithstanding the above, Qypt shall not issue refunds for partially used or unused subscriptions. Qypt may award a refund under exceptional circumstances, at Qypt’s sole discretion. 

  1. User Exchanges

Users may enter into exchanges with each other on the Website by way of chat or messaging. As such, Users may exchange messages with each other via a group. Users may further upload text files to a group exchange on the Website.

Users are responsible for the content and text files they share in a group exchange on the Website, to Qypt’s exclusion.

  1. Permitted & Prohibited Conduct

Users are responsible for all conduct, actions and omissions relating to their usage of the Website and the Content. Users therefore agree to not engage in unacceptable use of the Website, which refers to using the Website to:

  • Breach any applicable international or local law, government order, regulation or policy;

  • Impair, interfere with or damage the Website, its servers or any portion thereof in any way;

  • Send or transmit harmful components, viruses or damaging files;

  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website;

  • Engage in unlawful or illegal, fraudulent, malicious or otherwise discriminatory conduct, or encourage others to use the Website for such illicit purposes;

  • Intimidate, insult, bully, harass, threaten or otherwise cyberstalk Users of the Website;

  • Reproduce, share, copy, distribute, commercialize or otherwise transmit the Website or any portion thereof, except in accordance with these Terms and Conditions;

  • Share, transmit, distribute or otherwise declare known false or illicit statements or remarks; 

  • Send, transmit, share, upload or publish spam, chain letters and unsolicited materials;

  • Impersonate an individual, entity, business, or company, or intentionally mislead others about the User’s identity;

  • Collect personal information or data regarding Users of the Website, without obtaining the Users’ consent;

  • Decompile, reverse engineer or hack any portion of the Website or attempt to decompile, reverse engineer or hack the Website or any portion thereof;

  • Refer Users to another website, application or platform, or artificially generating traffic for another website;

  • Upload, share, distribute, publish, transmit or otherwise provide content or information that violates a third party’s intellectual property rights;

  • Sell, lease, assign or transfer the User’s account on the Website;

  • Act in a manner that conflicts with the spirit of these Terms and Conditions.

Users acknowledge that there are a number of obligations with respect to the usage of the Website, and correspondences between Users on the Website. Users further agree to comply with Internet safety guidelines and standards. 

Users may be held personally responsible for their failure to comply with these Terms and Conditions, and Qypt’s guidelines and standards. Further, Users agree that Qypt may, without liability and without penalty, revoke a User’s right to use the Website if the User breached or attempted to breach any obligation in these Terms and Conditions.

  1. Limited Guarantees

The Website and the Product shall be offered and provided on an “as is” basis and “as available”, without any warranties or guarantees of any kind. Qypt shall not provide any of the following implied warranties with respect to the Website and the Products: implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by usage of trade. 

Without limiting the generality of the foregoing, Qypt cannot guarantee that the Website shall be accessible and available for usage without error, omissions or interruption. While Qypt shall use reasonable efforts to correct issued or defects affecting the Website, Qypt cannot guarantee that issues or defects shall be corrected rapidly or corrected at all. 

Considering the risks associated with online activity, Qypt cannot guarantee that the Website shall be free of harmful components, such as viruses. In consideration thereof, each User agrees to use the Website at the User’s sole risk and expense.

  1. Limited Liability

Qypt shall not be liable for any loss, damage or harm caused by the Website and the usage thereof. Further, to the fullest extent permitted by law, Qypt declines liability for: (i) any issue affecting its servers, including unauthorized access to personal information and data; (ii) any service interruptions, bugs or other issues affecting the Website; and (iii) a virus or other harmful component impairing the Website or the User’s device. For purposes of these Terms and Conditions, harmful material shall refer to viruses, worms, Trojan horses or other programs intended to harm or adversely affect computer software or hardware.

In no event shall Qypt be liable to Users for any of the following: (i) the suspension, termination, restriction or any limitations to user accounts on the Website; (ii) the suspension, restriction, termination or lack of access to features and/or Product on the Website; (iii) the unavailability of the Product, and (iv) errors in Product descriptions.

To the fullest extent permitted by applicable law, Qypt declines liability for any losses and damages arising out of or in connection with the Website and the Product, including but not limited to indirect, general, special, punitive, incidental, consequential and accessory damages. This exclusion of liability shall apply regardless of whether such liability is based on contract, tort, strict liability or another theory of law. 

Further, Qypt shall not be liable for any indirect, special or consequential loss or damages arising from Users’ access and/or usage of the Website and the Product, including but not limited to loss of profits, loss of revenue, loss of business or anticipated earnings, loss of goodwill, loss of privacy and personal injury.

  1. Fraudulent Transactions

In case of any fraudulent transaction, Qypt reserves the right to use all available information at its disposal during any kind of legal procedure, including, without the claim of completeness, browser history, IP and email addresses and any other traceable activity.

During such legal procedures, Qypt reserves the right to other professional third parties, such as investigators parties and share certain information in order to: (i) comply with laws; (ii) vindicate its rights; and/or (iii) represent the best interests of the Website’s Users.

Qypt shall grant full cooperation to legal authorities in the position to investigate fraudulent transactions and other matters falling under legal jurisdiction. Qypt shall also diligently and promptly respond to subpoenas and court orders.

  1. Complaints

Any complaint regarding the Product or the Website must be placed, within twenty-four (24) hours from the occurrence of the event giving rise to the complaint. All complaints should be addressed to Qypt’s Customer Service. Given the complexity and particularities of the procedure to determine the righteousness of any complaints placed after the 24 hour period, any tardy complaints shall only be acknowledged in cases of Force Majeure.

  1. Prevailing Language

The English version of these Terms and Conditions shall prevail over any translated versions. Qypt shall not accept any kind of legal claims, or other complaints for the misunderstandings as a result of any mistranslation. 

  1. Assignment

Qypt may assign all or part of its rights and obligations hereunder to any person, entity, business or company. A User may not assign all or part of its rights and obligations hereunder to any person, without the prior written consent of Qypt. Any assignment in violation of the foregoing shall be null and void.

  1. Indemnity

To the fullest extent permitted by law, each User shall indemnify and hold Qypt harmless from and against all losses, damages, liabilities, fees, fines, penalties, costs and expenses in connection with any claims, lawsuits, actions, proceedings, motions, investigations or suits arising out of:

(a) the User’s recklessness, gross negligence, or willful misconduct, 

(b) the User’s misrepresentation or breach of any warranty provided under these Terms and Conditions, 

(c) the User’s failure to comply with any provision of these Terms and Conditions, applicable laws, orders or regulations and/or 

(d) the User’s usage of the Website, the Product or any information available on the Website.

  1. Intellectual Property

Qypt either owns or has secured the appropriate permission to use the Website, webpages within the Website, and materials and content published on the Website. Trademarks, logos, trade names, marks and intellectual property relating to Qypt, such as its logo and trademarks, are proprietary to Qypt. Qypt’s trademarks and logos may not be reproduced or shared without Qypt’s explicit prior written consent. All intellectual property directly relating to the Website and Qypt remains Qypt’s sole property and Qypt is the exclusive owner of such intellectual property throughout the world, without limitations of time or space.

Licensed Intellectual Property 

Any content that has been licensed to Qypt remains the property of its respective owners. Please note that the reproduction, transmission, sharing and distribution of all or part of any the content on the Website is expressly prohibited, except as provided under these Terms and Conditions. 

  1. Copyright Policy

Qypt remains committed to preventing intellectual property and copyright infringement on the Website. In compliance with the DMCA, Qypt encourages Users to promptly report any potential copyright infringement to its attention. If a User owns or possesses rights to a trademark or intellectual property right and the User has reason to believe its intellectual property or trademark has been shared on the Website unlawfully, or if there is reason to believe a third party’s intellectual property right is violated, the User shall send Qypt a written notice to this effect. 

All such notices shall contain the information listed below. Further, each notice shall be signed by the User, either manually or electronically:

  • a link to the content on the Website which is subject to the notice;

  • a description of the intellectual property right subject to the notice, including the date of the intellectual property’s development, photos and other relevant information;

  • the User’s contact information;

  • the User’s interest in the intellectual property subject to the notice, if the User is not the lawful owner. If the User is not the owner of the intellectual property or trademark, the User shall provide a confirmation or proof that the User is authorized to act on behalf of the intellectual property or trademark owner;

  • the User’s written confirmation that the notice was prepared in good faith; and 

  • the User’s written confirmation to the effect that all statements contained in the notice are true and complete to the best of the User’s knowledge.

If the notice is founded, Qypt shall promptly remove the violating content from the Website. Qypt reserves the right to terminate or suspend the accounts of Users who infringe the DMCA, intellectual property and/or copyrights, without notice.

  1. Feedback

Users may provide feedback or reviews relating to the Website. Users agree to assign all rights, title and interest in any feedback Users provide, online or offline, to Qypt. If for any reason such assignment is ineffective, Users agree to grant Qypt a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback, as Qypt sees fit, without restriction.

  1. Changes to the website

Qypt reserves the right to make changes to the Website, including, without limitation, updating features, removing features and editing, disabling, removing or otherwise changing the information published on the Website. Qypt may also terminate, suspend, disable, discontinue or otherwise cease granting access to the Website, in full or in part, to certain territories or for Users residing in certain areas, without limitation. Qypt shall use reasonable efforts to notify affected Users in advance.

Users hereby agree that Qypt shall not be liable for any changes or modifications made to the Website and the Product, or for the suspension, discontinuance, or termination of the Website, the Product or any portion thereof. 

  1. Force Majeure

Notwithstanding anything to the contrary contained in these Terms and Conditions, if Qypt is delayed or hindered in or prevented from the performance of any term, covenant or act required hereunder by reason of strikes, labor troubles, power failures, governmental acts or regulations, riots, insurrection, acts of God, any other Force Majeure event or other reason whether of a like nature or not which is not the fault of Qypt delayed in performing work or doing acts required under these Terms and Conditions, then the performance of such obligation, covenant or act shall be excused for the period of the Force Majeure event. Qypt shall be entitled to perform such obligation, covenant or act within the appropriate time period after the expiration or termination of the Force Majeure event.  

  1. No waivers

No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

If Qypt refuses or neglects to require the performance of an obligation specified in these Terms and Conditions, this shall not serve as a waiver of Qypt’s rights. Further, if Qypt suspends, delays or does not exercise any rights granted to it under these Terms and Conditions, this shall not operate as a waiver of Qypt’s rights.

  1. Notices

Any notice, consent, authorization, direction or other communication required or permitted to be given under these Terms and Conditions shall be in provided writing and shall be delivered either by registered mail or by email (with confirmation of receipt option). 

Any notice, consent, authorization, direction or other communication delivered as aforesaid shall be deemed to have been effectively delivered and received, if sent by email, overnight express mail or similar telecommunications device on the business day next following receipt of such transmission (confirmation of receipt being deemed receipt of communication sent by email or other telecommunications device) or, if delivered, to have been delivered and received on the date of such delivery provided, however, that if such date is not a business day then it shall be deemed to have been delivered and received on the following business day. 

  1. Links to 3rd Party Services

The Website may include links or references to Third Party Sites. The links and references to the Third Party Sites are provided for convenience purposes only. Qypt does not endorse any of the Third Party Sites, nor is Qypt affiliated with the Third Party Sites, unless stated otherwise. Users acknowledge that the inclusion of any links or references to Third Party Sites on the Website shall not imply Qypt’s endorsement or association with such Third Party Sites. The Third Party Sites are operated by independent third parties.

Qypt makes no representations and provides no guarantees with the respect to (i) the availability of the Third Party Sites and (ii) the functionality of the Third Party Sites. 

Any issues arising out of the Third Party Sites shall be resolved exclusively between the User and the relevant Third Party Site. Qypt shall not be a party to any litigation, dispute or controversy arising out of a User’s use of the Third Party Sites, or usage thereof in connection with the Website. 

  1. Governing Law

These Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of Germany (excluding any conflict of laws rule). 

  1. Dispute Resolution

Jurisdiction of the Courts

Except for those submitted to arbitration, Disputes shall be submitted to the exclusive jurisdiction of the competent court located in Germany. Every User further waives any objection to jurisdiction or venue in any proceeding before said courts.  

The following types of Disputes shall be brought before the competent courts located in Germany: (i) any Dispute seeking an injunction or other type of equitable relief, or (ii) a Dispute to enforce the rights and obligations set forth in these Terms and Conditions. All Disputes relating to matters other than those specified in these Terms and Conditions shall be handled by mediation and arbitration.

Mediation

Prior to undertaking any legal or arbitration proceedings, the User and Qypt shall collectively and collaboratively engage in reasonable efforts to resolve all Disputes amicably. In good faith, Users shall employ their best efforts, which shall be no less than commercially reasonable efforts. To assist in resolving the Dispute amicably, the Dispute may be submitted to mediation to be held in Germany. 

Arbitration Proceedings

In the event that the Dispute cannot be resolved by mediation, the unresolved Dispute shall be referred to and resolved by binding arbitration. 

Unless otherwise specified, the place of arbitration shall be in Germany. Each party shall bear its own costs and fees for participating in the arbitration. Such fees and costs shall include administrative costs and the fees payable to the arbitrator.

The arbitration proceedings shall be kept strictly confidential. The arbitrator shall be granted the required authority to award damages. The arbitration award shall be final and binding. 

Remedies and Injunctions

Users recognizes that any violation of these Terms and Conditions may cause Qypt significant harm and damages, especially if such violation or breach relates to intellectual property. Monetary damages may not be a sufficient remedy for a breach or violation of these Terms and Conditions. Qypt shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

  1. Questions and Comments

Qypt invites Users to send questions and comments regarding the Website or these Terms and Conditions. Any such questions and comments may be sent by email or via the Website. Qypt undertakes to respond to questions in a timely manner. 

Copyright ©2024 Qypt GmbH

Copyright ©2024 Qypt GmbH