Terms

Terms & conditions

By using this site and service, you agree to the following terms and conditions of use for OpusTel, an encrypted phone service offered by Telephoenix AG, located at Emmetten, Gumprechtstrasse 33, Switzerland.

This Service is provided exclusively to individuals who are at least 14 years of age, or to minors who have obtained parental consent to open and maintain a Swiss telephone number. Each user is solely responsible for all of his or her conversations sent through the service. As a condition for using OpusTel, you agree not to use its service for any unlawful or prohibited activities. You also agree to be bound by the following terms and conditions. You or OpusTel may at its sole discretion, terminate the service without cause if no positive prepaid value is available at any time. OpusTel will wait six months without use of service until the telephone number is used for another customer. In addition, OpusTel will notice you by email six times if there is no activity or money on your telephone account, before removing the telephone number from your OpusTel App.

By using the service, you agree to abide by Swiss laws and regulations and not to use OpusTel for illegal purposes.

Because of the encrypted nature of OpusTel, you acknowledge that OpusTel has no ability or obligation to recover your conversations or data. Whenever you see two security locks on both Apps, the service (including audio conversation) is AES-encrypted (App to App). If you see just one security lock on one App, only the service from this phone to our server is AES-encrypted (App to Server).

By using the Flat Rate you agree, not to use permanent or long audio streams. Not to use 090x business numbers. If OpusTel Flat Rate users use OpusTel for several months for more than Swiss Francs 100, Telephoenix may cancel the service by e-mail with at least one warning in advance.

Liability

OpusTel is a Service of Telephoenix AG, Gumprechtstrasse 33, in CH 6376 Emmetten, Switzerland. Its staff may make improvements and changes to the Service at any time without notice. OpusTel was 100% available as a service already in 2015. OpusTel does not make any guarantees about the reliability of the service and does not guarantee the security of user data despite its best efforts. The service is provided “as-is” and you agree not to hold OpusTel responsible for any damages that arise as a result of the loss of use, data, or profits connected to the performance of the service. Furthermore, you will not hold OpusTel liable if confidential material is unintentionally released as the result of a security failure or vulnerability.

Indemnification

You agree that Telephoenix AG and the Service OpusTel, its owners, subsidiaries, officers, and employees cannot be held responsible for any third-party claim, demand, or damage, including reasonable attorneys’ fees, arising out of your use of this service.

Modifications to terms of service

OpusTel reserves the right to review and change this agreement at any time. The terms and costs are listed on our web page www.opustel.ch/terms. You are responsible for regularly reviewing these terms and conditions on our server www.opustel.ch. OpusTel will send you an email if there are changes in the future. Continued use of the service after such changes will constitute your consent to such changes.

Office of ombudsman

We try to solve problems together with customers and to keep you happy. If no solution is possible, both parties may contact: www.ombudscom.ch

Applicable law

This agreement shall be governed in all respects by the laws of the Swiss Confederation only. Additional Telephoenix AG works as well according to DSVGO from the EU starting 25th Mai 2018. Data protection officer is the CEO Urs Loeliger.

All actions commenced pursuant hereto shall be brought in a court of competent jurisdiction residing in Emmetten or the capital Stans, Canton of Nidwalden, Switzerland.

webcontact-opustel@itds.ch