Terms of service

Welcome to Apostrophy, These Terms of Service (“Terms”) are the agreement between you and Apostrophy AG (“we” or “Apostrophy”), a Swiss mobile tech company located at via Losanna 4, Lugano. We prioritise personal data sovereignty and respect your rights. These Terms govern your use of Apostrophy OS (“AphyOS”) and any related service we provide (together, the “Services”).

Features we develop are build on, and where feasible released under, Free and Open Source Software licenses;We keep only the minimum logs and debug information necessary for security and stability;No third-party access to your data occurs without a duly authorised judicial Swiss warrant;

We do not track you for advertising.

We take abuse seriously – including spam – and reserve the right to act against it

By using  the Services, you agree to be bound by the these Terms. Please ensure you read them carefully.

1. USING APOSTROPHY

When you use AphyOS or our Services, you agree to use them in a lawful, respectful, and secure manner.

We grant you a limited, non-exclusive, non-transferable right to use AphyOS and the Services for your own personal or business purposes, in line with these Terms and applicable law. AphyOS and its components are licensed, not sold.

The vast majority of the Services is Open Source / Free Software according to the definitions of the Open Source Initiative (OSI) and the Free Software Foundation (FSF).  Where we build new components, we aim to release them under OSI- and FSF-approved licences.

If proprietary elements are required (for example, specific drivers) the applicable third-party terms will apply. Where an open-source licence conflicts with these Terms, the open-source licence prevails for that component.

You agree to use the service only as permitted by law.

You are exclusively responsible for all actions executed through your account. The abuse of the Service is not permitted. Abuse includes, but is not limited to, (i) the sending of unsolicited email (“spam”), (ii) the disrupting or overloading our servers or network, (iii) attempting to gain unauthorized access  or any form of hacking activity, (iv) the fraudulent or unlawful payment of your subscription, (v) the promotion of any activity that violate the law, (vi) any violation of privacy and rights of third parties.

If we determine that you committed abuse of the Services, we reserve the right to delete or suspend your account. In addition, you agree that Apostrophy may claim compensation for damages caused by your abuse, including costs of remediation, investigation, and harm to other users.

We may, at our discretion, apply a fixed charge of 0.01 CHF per incident and recipient as a reasonable pre-estimate of the administrative burden caused by spam.  This does not limit our right to seek higher actual damages if proven.

Keep your account credentials safe. Install updates we provide to maintain security and conformity.. If you learn of unauthorized use of your account, please contact us immediately.

We may at times inform you about service windows and administrative matters but will try to keep that mandatory communication to a minimum. In case of urgency, we may abstain from informing you about maintenance work.

2. PAYMENT TERMS

This agreement takes effect with the electronic confirmation of your order issued by Apostrophy to you.

When you buy a device from an authorised device manufacturer, it includes a prepaid period of AphyOS access. The value of this period is credited to your Apostrophy wallet at activation.

When you activate your device and AphyOS, we may request a valid payment method. This is used for automatic renewal when the included prepaid period ends. You will not be charged before renewal, and if you cancel before the renewal date, no payment will be taken.

You may withdraw and return your purchase within 30 days of activation. If you withdraw during this period, your Apostrophy wallet is refunded in full. After the withdrawal period ends, one month of the wallet value is deducted immediately and a further month is deducted every 30 days until the prepaid period is used up.

If you subscribe to Apostrophy services separately (such as email, calendar, address book, task lists and other cloud features we may develop over time), fees are charged upfront on a monthly or annual basis, as shown at purchase. These subscriptions renew automatically until you cancel.

By providing a payment method accepted by Apostrophy, you confirm you are authorised to use it and permit our payment processor to charge all applicable fees, including taxes.

In order to prevent any interruption of the Service, you are responsible for keeping payment information up to date, you can do so by logging into your account wallet settings and editing the payment information.

If payment fails and is not resolved after reasonable attempts to contact you, we may suspend or restrict access to the Services until payment is received.

You may add credit to your Apostrophy wallet at any time through your account settings. Wallet credit can be used to extend Services access beyond the prepaid period or to pay for additional Apostrophy services. Wallet credit is non-refundable except where required by law. If your wallet balance is insufficient, any linked payment method may be charged for renewals or service fees.

We may adjust our fees in the future. Any changes will be published on our website and, for renewing subscriptions, notified in advance (for example via website, device, or email if provided). If you do not agree with the new price, you may cancel before it takes effect.

You may cancel your subscription at any time by logging into your account wallet settings and clicking on the “cancel the subscription”. The cancellation of your subscription will take effect at the end of your current billing cycle.

3. DATA PRIVACY AND SECURITY

This Services are subject to the national laws of Switzerland and we do our best to provide you with the maximum level of privacy in this legislation. That means there will be no access to your data by third parties without a duly authorized warrant issued by a Swiss judge.

We will only keep the minimum of logs and debug information necessary to ensure that we can improve the service and resolve issues that may have occurred. The Services employ a state-of-the art security-centric design of which we make use of to provide the Services.

Failure is always a possibility, and you remain responsible for protecting your own information., You must ensure that you keep independent backups of your data stored with or through the Services.  This ensures you can restore your information in case of device loss, failure, or service interruption.

4. WARRANTIES AND DISCLAIMERS

We provide the Services using a professionally and commercially determined level of skill and care to the best of our means and resources available to this service.

Other than as explicitly set out in these Terms, Apostrophy does not make specific promises about the Services. This includes, in particular, the data within the Services, the specific functions of the Services, or its reliability, availability, or ability to meet your needs. We provide the services “as is” and “as available”.

During any active subscription period, Apostrophy will provide updates and security fixes necessary to keep the Services in conformity with these Terms and with applicable law.Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law, we exclude all such warranties.

5. LIABILITY

Nothing in these Terms excludes or limits liability for death or personal injury caused by intent or gross negligence, or for any other liability that cannot be excluded under Swiss law.To the maximum  extent permitted by the law, Apostrophy and its affiliates, licensors and staff are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages including loss of profits, revenue, business interruption, loss of data, or other pecuniary loss, even if advised of the possibility of such damages.. In particular, our liability for slight negligence, as well as our liability for auxiliary persons, is excluded.

To the maximum extent permitted by law, the total aggregate liability of Apostrophy for any claim under these Terms, including for any implied warranties, is limited to the amount paid by you to Apostrophy in the twelve (12) months preceding the event giving rise to liability.

In no case will Apostrophy be liable for any loss or damage that was not reasonably foreseeable at the time you agreed to these Terms.

6. INDEMNIFICATION

You will indemnify and hold harmless Apostrophy, our affiliates, officers, agents, and employees from and against any claim, suit or action,judgements, litigation costs and attorneys’ fees, arising from or related to (i) the use of the Services or (ii) the violation of these Terms or of applicable law or (iii) your infringement or violation of the rights of a third party

This obligation does not apply to the extent that the claim arises from Apostrophy’s own wilful misconduct or gross negligence, or where such indemnification is not permitted under applicable law.

7. GENERAL

We reserve the right to change these Terms from time to time in order to adjust to changes in the Services, to adhere to applicable legislation or to reflect economic necessities.

The current version is always available on our website. For material changes, we will take reasonable steps to notify you. If you do not agree with the updated Terms, you may stop using the Services and cancel before the changes take effect. Continuing to use the Services after changes take effect constitutes acceptance.

If you violate these terms, Apostrophy may seek to rectify the situation, including suspension and/or discontinuation of your account or access to the Services. We will aim to be fair and proportionate. Also, Apostrophy reserves the right to take measures belatedly against violations even if we decided to take no immediate measures.

This Terms constitutes the entire agreement between the you and Apostrophy regarding this subject matter. All amendments or additions to the Terms must be made in writing.

If any part of these Terms shall be deemed invalid or unenforceable that part shall be replaced by a valid, enforceable term that comes closest to the intended meaning and leave the remainder of these Terms unaffected.

These Terms are subject and governed by the substantial laws of Switzerland with the exclusion of the Vienna Convention on the International Sale of Goods dated April 11, 1980. Disputes arising under or in connection with this Agreement shall be exclusively subject to the jurisdiction of the courts of Lugano, Switzerland. Where mandatory law provides for consumer jurisdiction at the user’s domicile, that venue remains reserved.

Apostrophy is not responsible for any failure to perform caused by events beyond our reasonable control, including natural disasters, war, strikes, embargoes, government action, or internet outages.

All rights in AphyOS and the Services remain with Apostrophy and its licensors. Open source components are licensed under their respective licences. All rights not expressly granted are reserved.

You agree not to use or export the Services in violation of Swiss or applicable international sanctions and export control laws.

You may not assign or transfer these Terms without Apostrophy’s prior written consent. Apostrophy may assign or transfer them to an affiliate or successor without restriction.

Failure to enforce a provision does not waive the right to enforce it later.

Any provisions that by their nature should survive termination (including Intellectual Property, Warranties & Disclaimers, Liability, Indemnification, and Governing Law) will remain in effect.