Thank you for choosing our service which allows people to transfer data ("Service"). The Service is provided by Least Authority TFA GmbH, Thaerstraße 28a, 10249 Berlin ("Least Authority", "we" or "us"). By using the Service, you conclude a binding agreement with us under the following terms and conditions. The Terms shall apply in the version current at the time of the first use of the Service as a framework agreement (§ 305 (3) of the German Civil Code (BGB)) and also to subsequent uses of the Service by the same person without having to refer to them again:
1. Scope of the Service
1.1 The Service allows a person ("Sender") to transfer data through the Service to another person ("Receiver"). For this purpose, we provide the Sender with a one-time code or other means to enable another person’s access to the content. The Sender may forward these means to the Receiver using any method the Sender deems appropriate for this purpose. We do not forward the means to the Receiver as part of our Service. The Receiver may use the means to establish a one-time transfer of the content.
1.2 Both Sender and/or Receiver can use the Service without prior registration.
1.3 Both sending and receiving data through the Service is a use of the Service. You shall only use the Service in accordance with these Terms.
1.4 We provide the Service "as is" and free of charge. These Terms do not grant you any right or claim with respect to any form, functionality and/or availability of the Service.
1.5 We especially reserve the right to alter, amend, suspend, or discontinue the Service at any time at our own discretion.
1.6 It is technically possible to connect and use the backend servers used by Destiny with applications other than Destiny. By using these servers with other applications, you agree to be bound to these same Terms.
1.7 We offer our services in support of international human rights, including the rights to freedom of expression and privacy.
2. Own responsibility
2.1 You are fully and solely responsible for the content that you transfer via our Service and the consequences of such transfer.
2.2 If the content that you transfer through the Service is subject to potential rights of third parties, you hereby undertake to ensure that you are authorized to transfer and use the content and that you do not infringe any third party rights.
2.3 If you are a Sender, you must ensure that the transfer of content is in compliance with applicable law. As a Sender you especially ensure that the transfer complies with all applicable export control regulations.
3. Prohibition of misuse
3.1 Misusing the Service or helping others to do so is strictly prohibited. You therefore agree that you will not use the Service in any harmful or malicious way. In particular, but not exclusively, you shall not do one of the following:
3.1.1 transferring content that violates applicable law;
3.1.2 transferring content that depict the sexual exploitation of children and adolescents, extreme violence, promotion of terrorist acts,, as well as hatred or discrimination of persons or groups of persons;
3.1.3 disrupting the Service or interfering with other users, e.g. by using viruses or any other forms of attacks;
3.1.4 infringing data protection and/or the privacy and/or further rights of others, in particular their intellectual property rights;
3.1.5 modifying or otherwise altering our Service;
3.1.6 circumventing or otherwise interfering with the security measures of our Service.
4. Blocking or limiting
4.1 We hereby expressly reserve the right to block or limit access to the Service for good cause at any time and without prior notice.
4.2 Good cause for blocking or limiting access to the Service shall in particular be given in case of misuse of the Service and/or other violations of these Terms.
5. No Responsibility of Last Authority for user content
5.1 If you transfer/receive content through the Service, this is technically facilitated by a stream of data. We do not store any content at our servers or systems.
5.2 You explicitly acknowledge that it is an inherent part of our Service that we do not and cannot monitor or control the data content that is transferred via the Service to you or other users.
5.3 Only the Sender has knowledge of the nature and type of content that the Sender transfers via our Service. If a Sender forwards to you means for receiving content and you are unsure about the nature and/or type of this content, you may refrain from receiving it at your own discretion.
5.4 If you receive content through the Service, it is at your own risk. We do not bear any responsibility for the content which you receive through the Service.
6.Liability (Haftung)
6.1 We are only liable to you as stated hereinafter.
6.1.1 We are liable for damages which we or our vicarious agents (Erfüllungsgehilfen) caused intentionally and grossly negligent or which we caused by violating a guarantee undertaken by us. 6.1.2 We are further liable for damages which we caused by a slightly negligent breach of an essential obligation necessary for the performance of these Terms (wesentliche Vertragspflichten). In this case, our liability shall be limited to typical and foreseeable damages.
6.2 A limitation period (Verjährungsfrist) of one year applies to any liability claims against us. This begins at the end of the year in which the claim arose and you became aware or should have become aware of the circumstances giving rise to the claim.
6.3 Any limitation of our liability does not apply in the case of gross negligence and intent, liability under the Product Liability Act (Produkthaftungsgesetz) or in the case of damages to the life, body and health of natural persons.
6.4 You agree that you shall be liable to us in accordance with the provisions of statutory law.
7. Term; Termination
7.1 The Terms apply for each one-time use of the Service. Our agreement for the use of the Service terminates automatically when the transfer of content is completed or fails.
7.2 For clarity: If you commence another use of the Service, you are again bound by the Terms.
8.Open Source Software
8.1 You acknowledge that the software which we use to provide the Service is Open-Source-Software ("OSS"). You find a list of the applicable OSS licenses, related copyright notices and the source code under GitHub repository https://github.com/LeastAuthority/destiny/.
8.2 The provisions in these Terms shall not limit your rights under the applicable OSS licenses in any way.
9.Limitation of warranty
9.1 You agree with us that we do not assume any warranty (Gewährleistung) for or in relation to the Service. Any and all statutory warranty shall be excluded to the extent permissible under applicable law.
9.2 For clarity but not as a limitation to the aforementioned exclusion of warranty, we point you to the following:
9.2.1 We do especially not warrant any particular form, functionality and/or availability of the Service, neither for Senders nor for Receivers; 9.2.2 If you are a Sender, we especially do not warrant that the Service is fit for any purpose or any of your specific requirements, that the Service can be used uninterrupted, timely or error-free. 9.2.3 If you are a Receiver, we explicitly do not warrant that the content which you receive through the Service is complete, correct, lawful, error-free and/or virus-free.
10. Choice of law and jurisdiction
10.1 These Terms and their interpretation and any non-contractual obligations in connection with it are subject to German substantive law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
10.2 English language terms used in these Terms describe German legal concepts only and shall not be interpreted by reference to any meaning attributed to them in any jurisdiction other than Germany. Where a German term has been inserted in brackets and/or italics it alone (and not the English term to which relates) shall be authoritative for the purpose of the interpretation of the relevant term whenever it is used in these Terms.
10.3 Exclusive place of jurisdiction for all disputes regarding rights and duties under this Agreement, including its validity shall be Berlin, Germany unless you agree to these Terms in your capacity as a natural person (and not on behalf of a legal entity). In the latter case, the place of jurisdiction shall be determined based on statutory law.
11. Severability
Should one or more provisions of these Terms be or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions of these Terms. In place of any Standard Terms of Business (Allgemeine Geschäftsbedingungen) which are invalid or not incorporated in the Terms the statutory provisions shall apply (§ 306 (2) of the German Civil Code (BGB)). In all other cases, we shall agree a valid provision to replace the invalid or unenforceable provision which reflects as closely as possible the original economic purpose, provided a supplementary interpretation of the Terms (ergänzende Vertragsauslegung) does not have precedence or is not possible.
Last updated: September 22, 2022