Terms & Conditions

Terms of Service

Version dated [30.11.2021]

Overview

Wonet is a service to exchange instant messages, video and voice calls in a fully secure and private way. Wonet is designed to process and store only the absolute minimum amount of personal data and will be soon evolving to near zero stored personal data. We use state-of-the-art encryption methods to ensure maximum data security and privacy protection. In particular, we ensure through advanced technical means that the public keys are safely safeguarded and protected from unauthorized use. All communications exchanged through our innovative mobile application (hereinafter the "App") are end-to-end encrypted and highly protected and cannot be read or accessed by us or by any third party other than the intended recipients. For more details, please also refer to our Privacy Policy.

The following Terms and Conditions apply to and govern the contractual relationship between WONE SAGL (also referred as "we" or "us") and the user (also referred as "you"), with respect to the use of our App and our web site (www.wonet.com) and all contents, services, products, and software that you can download, use or access through our App or our web site (together, the "Services").

By accessing to or using any part of the Services, you agree to be bound by these Terms and Conditions and by the Privacy Policy. In case you do not agree to all of the Terms and Conditions, please do not access or use any of the Services.

Provision of the Services

We provide the Services to you according to the current state of the art. All communications are in this respect end-to-end encrypted and fully secured.

We only collect your phone number when you register to use our Services. All other contact information and personal data (such as name or profile picture) are optional. We never store your messages, except for delivery purpose, after which they are promptly deleted. Please refer to the Privacy Policy for more details.

All public keys used as part of the encryption process are stored and secured by advanced technical means, which will soon evolve to storage in distributed immutable ledgers, ensuring no tampering with users' data.

We endeavor to deliver all communications handed over for dispatch without delay. Communications can however be delayed or rendered impossible by circumstances beyond our control, such as (but not limited to) no reception, no Internet connection, Internet interferences of any kind, hardware or software failures of reception and network devices.

Availability of the Services

We may temporarily suspend our Services, including for maintenance, upgrades or repair of failures. We shall not be liable in the event of limited usability or temporary discontinuation of our Services. Please further note that we may discontinue or change any features of our Services at any time.

Use of the Services

You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe our rights or the rights of other users, or third parties, including privacy, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications.

You must have the rights to use the phone number with which you sign up for your Wonet account and you must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm us, our Services, or our systems.

Account security

We embrace privacy by design and do not have the ability to access your communications. You are solely responsible for maintaining the security of your Wonet account and for any kind of activity that occurs within the account. You are expected to notify us immediately in case of any unauthorized use of your account or any other breaches of security. We are not liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

If you have lost your phone or your phone was stolen or you change your phone number, you will need to re-register for the Services.

Responsibility of User

You are responsible for downloading and installing any updates to our Services. Our Services may not work properly if you do not download and install such updates. We reserve the right to charge or not to charge for the updates we release, according to the nature of the update.

By operating the Services, we do not represent or imply that we endorse any or all of the contributed content, or that we believe such material to be accurate, useful, or necessarily non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

On any occasion that you have opened or meddled with the codes, or have used the Services in an unauthorized or improper manner, we will have no responsibility to give technical support of any kind, if any problems arise.

User warranties and indemnification

You represent and warrant that (i) your use of the Services will be in accordance with these Terms and Conditions and with all applicable laws and regulations and (ii) your use of the Services will not infringe on or misappropriate the intellectual property rights of any third party.

You agree to indemnify and hold harmless ourselves, our suppliers, and our licensors, and the respective directors, officers, employees and agents from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of any unauthorized or improper use of the Services.

Credit and charges

Where you are using the Services and your credit and/or packages run out we may cease providing you with those Services until you record further credits or packages against your account. You are responsible for all charges incurred on your account whether or not they are incurred by you personally except those incurred after you have notified us of the misuse of your Wonet account and we have acknowledged it.

Your use of the Services is charged in accordance with the then current rates applicable to your chosen price plan. Charges and, in respect of allowances, consumption will be deducted from the top-up (credit and/or package) associated with your account. In the event that charges are incurred simultaneously they will be deducted simultaneously. All available price plans are published on our mobile app and our website and may be updated from time to time without notice. We can change the charges applicable to you at any time without notice by posting the changes on the mobile app and website. You can contact only by email our users services and request details of our prices or any price change at any time.

Top up credit and packages allowances may only be used for our Services and you will not be entitled to receive any cash refund for any remaining credit. Credit and allowances are also not transferable, and no interest will be applied or payable to credit balances or allowances.

Your account may automatically be closed twelve (12) months after you used our Services for the last time or paid for the Services if you never used them. All your unused and remaining credit will be lost and not refunded.

Intellectual Property

Wonet, Wonet.com, Wonet logo and all other trademarks, service marks, graphics and logos used in connection with our products or Services are trademarks or registered trademarks of WONE SAGL or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of our trademarks or third-party trademarks.

The software and any other product used for the provision of the Services is protected by copyright law as well as other intellectual property laws and treaties. You are not allowed to copy the software, or to distribute it to third parties. We retain all ownership and rights in the software as well as any other product used for the provision of the Services, and you expressly agree to abide by the applicable copyright law and any other applicable laws.

As we ask others to respect our intellectual property rights, we also respect the intellectual property rights of others. If you believe that material located on or linked to our App, web site, products or Services violates any of your intellectual property rights or the intellectual property rights of others, you are encouraged to inform us accordingly.

Data Privacy

We process your personal data in accordance with the legal regulations and the data protection provisions that apply to the Services. You undertake to comply with any applicable legal regulations if you handle the personal data of others while using the Services.

Disclaimer of warranties

The Services are provided on an "as is basis". Any claim stating that functions/features are missing or are not "as expected" by the user, or are not as found in other similar products/competitors will not be taken into consideration, and we will in no way will be liable for such claims.

We, as well as our suppliers and licensors, hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither us nor any of our suppliers and licensors make any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted.

Limitation of Liability

In no event will we, our suppliers or our licensors, be liable with respect to any subject matter of these Terms and Conditions (i) for any special, incidental, indirect or consequential damages of any sort whatsoever, (ii) for the cost of procurement or substitute products or services, (iii) interruption of use or loss or corruption of data, (iv) in the event of force majeure, or (v) for any claim by any party other than you. We shall have no liability for any failure or delay due to matters beyond our reasonable control.

We shall not be liable either for any direct damage suffered by you in connection with the use of our services, unless you have paid fees for the use of such services, in which case our entire liability and your exclusive remedy shall be, at our option, either (a) the return of the fees paid by you to us during the three (3) month period prior to the cause of action or (ii) the repair or replacement of the software.

The foregoing shall not apply to the extent prohibited by applicable law, it being understood that in such case our liability, as well as the liability of our suppliers and licensors, should be limited to the fullest extent permitted by applicable law.

Limited User license

We grant you a limited, revocable, non-exclusive and non-transferable license to use our Services on a single device only in accordance with these Terms and Conditions.

Governing law and place of jurisdiction

These Terms and Conditions are governed by Swiss law, without reference to its conflicts of law rules, and the place of jurisdiction shall be the competent court at the registered office of our company.

Changes

We reserve the right, at our sole discretion, to modify or replace any part of these Terms and Conditions. It is your responsibility to check these Terms and Conditions periodically. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions and/or the Privacy Policy constitutes acceptance of those changes. Wonet may also, in the future, offer new or amended services and/or features through the Services (including the release of new tools and resources). Such new features and/or services shall be subject to these Terms and Conditions. Should one or more provisions of these Terms and Conditions be invalid, this shall not result in the invalidity of the entire Terms and Conditions. The invalid provision shall be replaced by the relevant statutory provision.

Termination

Wonet may terminate your access to all or any part of the Services at any time, with or without cause, and with or without notice, effective immediately. Should you decide to delete your account, you may proceed to its deletion from the App.