Terms and Conditions - ciphernotes

Version: 22 July 2025

Contractual Partner
Raphael Nußbaumer BSc (Sole Proprietor)
Sohlstraße 3, 6845 Hohenems, Austria
Email: raphaeln@outlook.com

Scope
These Terms and Conditions govern the use of the Progressive Web App (PWA) “ciphernotes” by consumers (B2C) for the free basic service and future paid additional features.

1. Service Description

Basic Service (Free)

Creation and management of offline notes and to-do lists with labels and colors (up to 1 MB of encrypted data, stored in Render/AWS, Frankfurt).
Import of notes from Google Keep.
Export function for notes.
Storage and display of files, images, and videos (up to 100 MB of encrypted data, stored in Wasabi Hot Cloud, Frankfurt).
- Storage and synchronization are interrupted if the data volume exceeds the respective limits (1 MB for notes, 100 MB for files, images, and videos). Users receive an error message.
- Users can delete content at any time to stay within the respective limits.
Synchronization of notes, files, images, and videos with the server and other devices (within the respective limits).
Use of hCaptcha to prevent automated registrations and login attempts.

Data Backup & Migration

Encrypted data (notes, files, images, videos) are stored for a maximum of 7 days for short-term backups.
Migration of encrypted data (e.g., during system upgrades) is permitted.

2. Conclusion of Contract

Use without Registration: By using the PWA, users implicitly agree to these Terms and Conditions.
Registration: A contract is concluded when the user checks the “Accept Terms and Conditions” box and clicks the “Register” button. A hCaptcha test must be completed prior to registration to prevent automated registrations.

3. License

The user is granted a simple, non-exclusive, non-transferable right to use the PWA for private purposes.
The operator may store and process encrypted data (notes, files, images, videos) for short-term backups (max. 7 days) and system migrations.

4. Prices & Payment Terms

The basic service is free of charge.
Future paid additional features (e.g., reminder notifications or extended storage options) will be announced separately.
Before activating paid additional features, users will receive clear information about prices, payment methods, and contract terms in the PWA or via email.
Payment intervals for paid services are monthly.

5. Use without Acceptance of Terms

These Terms and Conditions apply even without registration, as users agree to them by using the PWA. The Terms and Conditions are available at any time in the PWA under “Terms.”

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6. Availability & Liability

No availability is guaranteed for the free basic service.
For paid services, only mandatory statutory guarantees and warranties apply.
The operator’s liability is limited to intent and gross negligence, as well as damages resulting from injury to life, body, or health, to the extent permitted by law. Mandatory statutory liability provisions, such as the Product Liability Act, remain unaffected. This applies to all content (notes, files, images, videos), regardless of the storage location.

7. Amendments to the Terms and Conditions

Amendments to the Terms and Conditions will be announced via email or a notice in the PWA.
For paid services, amendments take effect with the next payment cycle unless the user terminates the contract at least one week before the effective date.
Users of the basic service will be informed of amendments via email or in the PWA. Continued use implies consent. Users who do not agree may discontinue using the PWA.

8. Support

Free users do not receive support.
For paying users, the response time for support requests is five business days.

9. Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract conclusion (e.g., activation of paid services). To exercise your right of withdrawal, you must inform us (Raphael Nußbaumer, Sohlstraße 3, 6845 Hohenems, Austria, Email: raphaeln@outlook.com) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract.

You may use the following sample withdrawal form, which is not mandatory:

Sample Withdrawal Form
To: Raphael Nußbaumer, Sohlstraße 3, 6845 Hohenems, Austria, Email: raphaeln@outlook.com
I/we hereby withdraw from the contract concluded by me/us for the provision of the following service: ciphernotes additional features.
Ordered on: [Date].
Name of consumer(s): [Name].
Address of consumer(s): [Address].
Signature of consumer(s) (only for paper notification): [Signature].
Date: [Date].

10. Termination

The user may terminate the contract for paid services at any time, effective at the end of the monthly billing cycle. Termination must be submitted via email to raphaeln@outlook.com or through the “Termination” function in the PWA. Termination will be confirmed within two business days. The basic service can be terminated by deleting the user account or ceasing use.

11. Mediation & Dispute Resolution

Before initiating legal proceedings, both parties undertake to first attempt a good-faith negotiation.

12. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Accessibility

If you have any questions or issues regarding the accessibility of the PWA “ciphernotes,” please contact us at raphaeln@outlook.com.

14. Impressum

Raphael Nußbaumer BSc
Sohlstraße 3, 6845 Hohenems, Austria
Email: raphaeln@outlook.com

Note: The Impressum is provided in German as it reflects the legal entity in Austria.

15. Final Provisions

Severability Clause: If any provision of these Terms and Conditions is invalid, the validity of the remaining provisions remains unaffected.
Place of Jurisdiction: The exclusive place of jurisdiction for all disputes is Dornbirn, Austria.
Applicable Law: Austrian law applies.