Terms of Service

Terms of Service

Version: 3.0
Effective as of: 10 September 2026

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 oft he Service 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 organizational 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 organizational security measures; the Customer is responsible for the lawfulness of its processing activities.

10. Liability and Warranty

10.1 Use of the Service is at the Customer’s own risk.

10.2 Unless expressly agreed, there are no assurances regarding specific availability, freedom from errors, continuous operation, scope of functions, interoperability, data retention or fitness for a particular purpose.

10.3 Exclusions of Liability

Except in the case of intent, compensation is excluded for::

  • indirect damages
  • consequential damages
  • loss of profit
  • business interruption / production downtime
  • data loss
  • actions of third parties, including users

Liability for slight negligence – except in the case of personal injury – is furthermore generally excluded.

10.4 Events Outside the Sphere of Influence

No liability exists in the case of network disruptions, force majeure, cyberattacks, third-party infrastructure or customer-side systems.

10.5 Liability Cap

Should the exclusion of liability under 10.3 or 10.4 not be effective, liability shall be limited in amount to 100% of the usage fee for the twelve (12) months preceding the occurrence of the damage. If the contract has not yet existed for twelve months, liability shall be limited in amount to the usage fees actually paid up to the occurrence of the damage.

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 written objection is raised within 30 days, the amendments shall be 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: September 10, 2029