Terms and Conditions & Description of Services 

tl;dr
We do not hide anything in our terms and conditions.
Unfortunately, we need to formulate them in such a complicated manner in order to cover all legal contingencies.

The key facts, understandable and explained:

1) You get the app and basic features for free. There are no minute rates or cost traps.
However, you can subscribe to a monthly plan.

2) We save data regarding your phone calls on our servers, so that you always have it on all devices in real time. If you cancel satellite, we delete that data.

3) We only gather person-related data, such as your address, because we are required to do so by law (Telecommunications Act). We never gather data to send you advertisements.

1. Conclusion and termination of the contract
The following provisions apply, unless there are deviating provisions in the specific service description of the individual products.

1.1.Conclusion of the contract

1.1.1. The contract regarding the usage of sipgate services takes effect, when sipgate accepts the order to provide services.

1.1.2. The details regarding the contract period can be viewed in the service description. Unless otherwise stipulated there, the contract has no minimum term.

1.2. ORDINARY TERMINATION

1.2.1. The contract can be terminated by either party with a notice period of 1 calendar day to the end of the contractual month.

1.2.2. Terminations must be made by e-mail from the e-mail address provided in the sipgate account or in writing (per letter or fax). In cases of doubt, sipgate is entitled to request proof of identity / legitimacy of the terminating party.

1.3. EXTRAORDINARY TERMINATION

1.3.1. Both parties have the right to extraordinary termination for an important reason in accordance with Section 314 of the German Civil Code (BGB). An important reason is deemed to exist in particular if the customer culpably violates his obligations under the contractual relationship and sipgate cannot be expected to wait for the period of notice to expire.

Among other scenarios, such a case exists if the customer:
creates a sipgate account under a false name or false identity and / or misuses the sipgate account, telephone connections or the number assigned to him and / or if insolvency proceedings are opened against the customer’s assets or the customer files an application for bankruptcy.

1.3.2. In addition, sipgate has a right to extraordinary termination in the event of a change in the legal basis of this contract, the ordinances and/or decrees issued by authorities, courts or other public authorities and pertaining to this contract, insofar as these changes lead to further adherence to the contract being unreasonable for sipgate.

2. CUSTOMER’S OBLIGATIONS TO COOPERATE

2.1 The customer must have internet access that is suitable for use with sipgate (see Requirements for Use – Internet Access). If this is not the case, the mutual performance obligations from the contractual relationship remain unaffected. The existence of an internet connection does not prevent the conclusion of a contract from taking effect.

2.2. The customer must take the necessary and customary security measures against unintentional and improper use of his sipgate connection by third parties.

2.3. sipgate handles essential (also contract-relevant) communication processes via e-mail.
The customer undertakes to provide his own valid e-mail address when registering with sipgate and to access it regularly.

2.4. Should there be any changes that affect the flow of communication or the contractual relationship between the customer and sipgate, sipgate must be informed immediately.
This obligation to provide information encompasses the following points in particular:

Change of the customer’s place of residence (among other things necessary for the correct localization of emergency calls).
changing the customer’s e-mail address

sipgate is entitled to request proof of identity/legitimacy in the event of change requests that affect the communication flow or the contractual relationship.

2.5. The customer may only use the connections via sipgate as intended and in accordance with the (telecommunications) laws and ordinances in the currently valid version.The customer is obliged not to misuse the telecommunications services offered by sipgate for purposes not in accordance with the statutory provisions or the provisions of this contract.

2.6. The customer undertakes not make use of any facilities or run applications that could lead to changes in the physical or logical structure of the network made available by sipgate.

2.7. The customer agrees that his phone number may be transferred to a different network operator than the one used at the time the contract was concluded.

2.8. If there is abuse on part of the customer and the customer does not cease the abuse within a reasonable period of time despite a request from sipgate, sipgate is entitled to block his or her connection.

3. CONNECTION FEES

3.1. The fees for sipgate services result from the price list valid for the product according to the service description. The current price list can be viewed online at any time.

3.2. The customer is obliged to remunerate any use of his connection for which he is responsible.
This also applies to unauthorized or authorized use by third parties, unless the customer is not responsible for the use. The customer is responsible for proving that he is not responsible for the use in question. The payment obligation also does not apply if facts justify the assumption that third parties have influenced the connection fee charged by unauthorized changes to public telecommunications networks.

4. BILLING AND PAYMENT
4.1. BILLING

The subscription price is billed monthly – depending on the operating system – via the customer’s iTunes account or Google Play Store account.

4.2. PAYMENT PROCEDURE

4.2.1. Depending on the product, sipgate also offers direct debit and credit card payments in addition to bank transfers, provided the customer gives his consent.

4.2.2. The pre-notification period for SEPA direct debits will be shortened to one day.

4.2.3. In the case of periodic invoicing with varying invoice amounts, the customer’s account will be charged six working days after receipt of the invoice at the earliest.

4.2.4. The customer has to reimburse the costs incurred for returned direct debits or collections, insofar as he is responsible for the rejection.
In the case of a returned direct debit, the customer is initially assumed to be at fault for the rejection. Therefore, sipgate is entitled to invoice the customer for the processing costs at a flat rate of € 5.90 including VAT. The customer is permitted to prove that sipgate did not incur such costs or that they were significantly lower than the flat rate. Sipgate will expressly point this out in a notification about the return debit.

4.2.5. If the customer makes payment via any other mode in exceptional cases, for example in the event of late payment due to a returned direct debit or insufficient funds in the account, the repayment only occurs if the customer clearly identifies the purpose of the payment (in particular the invoice number or a comparable, distinct booking code from sipgate). This also applies to third party payments.

4.3 DUE DATE, OBJECTIONS AND DEFAULT

4.3.1. Claims for ongoing contracts that arise at monthly intervals (or at other regular intervals) are due on the 1st day of each month (or the period), unless stipulated otherwise in the service description. Insofar as claims do not arise at regular intervals, they are due upon receipt of the invoice by the customer.

4.3.2. The statutory regulations apply to default.

4.3.3. If the customer is in default, sipgate is entitled to block the service in accordance with § 45k TKG.

4.3.4. After eight weeks after receipt of the invoice, sipgate is entitled to delete the connection data on which the invoice is based, which is why subsequent objections can no longer be taken into account. This also applies accordingly if the customer requests the premature deletion of the connection data from sipgate. Therefore, a complete examination of the invoice is only possible if the customer’s connection data is saved in its entirety.

4.3.5. The customer can only offset claims from sipgate with legally established or undisputed claims.

5. DATA PROTECTION

5.1. The legal basis for handling the customer’s personal data include the Federal Data Protection Act (BDSG) and the Telecommunications Act (TKG). Personal data is only collected, processed or used if the person concerned has consented or the TKG or another legal provision orders or permits it.
5.2. According to the previous provision, data processing is particularly permitted insofar as it is necessary. This is necessary for the establishment and design of the contractual relationship (inventory data), for the provision of telecommunications services (connection data), as well as their billing (billing data).

5.3. sipgate upholds the telecommunications secrecy in accordance with the legal requirements.

5.4. Please refer to our privacy police for detailed information on how sipgate handles personal data.

6. LIABILITY

6.1. Sipgate is liable for financial losses up to a maximum of € 12,500.00 per customer.
Liability to all customers is limited to € 10 million per uniform act or per uniform damage-causing event. If the amounts to be paid to several customers due to the same event exceed the maximum limit, the compensation will be reduced by the proportion of the total of all compensation claims to the maximum limit. The limitation of liability does not apply if the damage was caused intentionally.

6.2. Liability for follow-up costs due to emergency calls outside the specified residential or company headquarters is excluded.

6.3. In addition, sipgate is only liable for gross negligence or willful misconduct, unless it is a breach of an essential contractual obligation (so-called cardinal obligation). In the event of a slightly negligent breach of a cardinal obligation, the amount of liability is limited to damages that are typical to the contract and were reasonably foreseeable at the time the contract was concluded. An essential obligation is defined as one, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance the customer can regularly rely.

6.4. In the case of slight negligence, sipgate is only liable for the loss of data under the conditions and to the extent mentioned above, provided that the customer has backed up his data in a suitable form at appropriate intervals so that it can be restored with reasonable effort.

6.5. The liability of sipgate for guaranteed properties as well as the liability according to the provisions of the Product Liability Act and for personal injury (life, body, health) remain unaffected by the above regulations.

6.6. Insofar as sipgate’s liability is effectively excluded or limited, this also applies to the personal liability of employees, other employees, organs, representatives and agents of sipgate.

6.7. The service obligation of sipgate only applies if sipgate itself has been supplied with the respective preliminary services in a timely manner and in accordance with the contract and on time and has not breached any duties of care in this regard. In the event of service disruptions due to force majeure, sipgate is released from its obligation to provide services in any case.

7. CHANGES TO FEES AND TERMS AND CONDITIONS
7.1. sipgate is entitled to increase fees on the condition that sipgate notifies the customer at least six weeks before the change comes into effect. In this case, the customer has an extraordinary right of termination, which becomes effective at the time of the change in charge. If the customer does not exercise this right of termination within four weeks after receipt of the notification, the change is deemed to have been approved. Sipgate expressly points this out again in the message.

7.2. However, if there are other changes in fees, the customer is entitled to object within four weeks of receipt of this notification. Otherwise the change is considered approved. Sipgate expressly points this out again in the notification.

7.3. If the customer is an entrepreneur (within the meaning of Section 14 of the German Civil Code), sipgate is entitled to adjust the prices at any time with future effect at its reasonable discretion, taking into account the general market development (in particular also the internal wholesale prices). This applies in particular if sipgate’s purchase prices change.

7.4. sipgate is entitled to change these terms and conditions. If the change leads to a worse position for the customer, a change is only permissible on the condition that sipgate notifies the customer of this at least six calendar weeks before it comes into effect. The customer can object to the change with a period of four calendar weeks after receipt of the notification, otherwise the change is considered approved. Sipgate expressly points this out again in the message.

7.5. In the event of changes in sales tax, sipgate is entitled to adjust the fees in accordance with the change, without creating a right of termination for the customer.

8. MAINTENANCE AND EMERGENCY SERVICE
Sipgate offers its customers the opportunity to access frequently asked questions, their answers and various configuration instructions via its help center at any time, as well as the possibility of contacting customer service in writing via the contact form to report faults for example.

9. FINAL PROVISIONS

9.1. Deviating general terms and conditions of the customer do not apply even if sipgate does not expressly contradict them.

9.2. The customer can only transfer the rights and obligations from this contract to a third party with the prior written consent of sipgate.

9.3. The use of sipgate in the sovereign territory or by citizens of the United States of America (USA) is excluded.

9.4. The use of sipgate is excluded in those countries in which the use of sipgate services is not permitted.

9.5. Only the law of the Federal Republic of Germany applies between the customer and sipgate, as it applies between domestic persons with the exclusion of the UN sales law, unless mandatory law prescribes the applicability of another legal system.

9.6. The place of jurisdiction is Düsseldorf if the customer is an merchant.

9.7. sipgate is entitled to transfer the customer’s inventory data to third parties, insofar as this is for the purpose of assignment or collection of demands is required. The legally permissible transmission of further customer data for the purpose of debt collection remains unaffected.

9.8. sipgate is entitled to provide the services through third parties as subcontractors.

10. CUSTOMER INFORMATION ACCORDING TO THE TKG 2012

10.1. Arbitration
Customers in a dispute with sipgate about the fulfillment of one of the obligations laid out in Section 43a, 43b, 45 to 46 (2) and Section 84 TKG or in the statutory ordinances issued on the basis of these regulations can initiate an arbitration procedure with the Federal Network Agency. The Federal Network Agency regulates the details of the arbitration procedure in a set of self-published arbitration rules.
Platform of the EU Commission for online dispute resolution: www.ec.europa.eu/consumers/odr

10.2.Inclusion in public directory of participants
At any time and free of charge, the customer may request to be entered into a publicly accessible directory of participants with his phone number, name, first name and address, or to have his entry deleted or changed from it.

10.3. Security or integrity of telephony and data processing systems
When providing its services, sipgate attaches great importance to the security and integrity of its systems and data, as well as the correct functioning of the used systems. The sipgate infrastructure is always kept up to date with the latest technology and complies with the latest technical guidelines and standards. In the event of injuries or uncovered weak points, measures to prevent them and prevent them in the future are taken immediately. This applies in particular to potential attacks on the sipgate network as well as to the proposed and implemented protective measures. sipgate has a security concept that was approved by the Federal Network Agency. sipgate has implemented numerous technical and organizational measures to prevent security or integrity violations as well as threats and weak points and to be able to react to them at an early stage.

Examples of such measures are: sipgate regularly checks the technical devices used for possible security weaknesses in order to be able to identify and remedy possible threats or weaknesses at an early stage. sipgate informs itself continuously about published security vulnerabilities. sipgate regularly monitors and maintains the technical devices used and has automatic monitoring for the essential systems around the clock, 365 days a year and can therefore react quickly to acute security or integrity violations at any time.
sipgate operates its own network operation center which, among other things, monitors the main network platforms and systems. sipgate works in accordance with the current technical guidelines and standards, which are aimed to implement technical measures to ensure integrity, i.e. to be able to, inter alia, recognize corrupt data as such and, if necessary, to carry out a new data transmission. sipgate informs the affected customers about a breach of security or integrity. sipgate implemented and integrated an emergency concept.
If weak points at sipgate are recognized in any form, they are immediately taken care of.

10.4. Blocking of certain number ranges
The national number ranges 0137, 0138, 01212, 0181, 0185, 0188, 032, 0900 and 118xx are blocked. Individual blocking of certain national and international numbers and number ranges as well as certain special numbers is not possible.

10.5 Number suppression
The customer has the option of permanently or temporarily suppressing the display of his telephone number to the called subscriber if the function is supported by his terminal equipment.

10.6. Blocking of number ranges/services provided in addition to the connection
The customer has the option of blocking certain number ranges according to Section 45d paragraph 2 sentence 1 as well as a right to block the use and billing of services provided in addition to the connection via the mobile phone connection according to Section 45d paragraph 3.

sipgate GmbH, Düsseldorf, 03 November 2021

DESCRIPTION OF SERVICES

DESCRIPTION OF SERVICES FOR SATELLITE

1. CONTRACT
1.1. Conclusion of the contract
The contractual partners are sipgate GmbH (hereinafter referred to as „sipgate“), Gladbacher Str. 74, 40219 Düsseldorf (Düsseldorf District Court, HRB 39841) and the customer.
The contract is concluded in accordance with the provisions in the terms and conditions.
If the customer has to pay a fee for a service, the customer must expressly confirm this in the booking. During the booking process, the current version of the price list for the booked product is referenced.

1.2. SIPGATE ACCOUNT
sipgate assigns a so-called sipgate account to the customer within the framework of the legal and contractual provisions. This account contains the entirety of the data relevant to the contractual relationship between the customer and sipgate. In this context, the customer is assigned a customer number. As part of this account, sipgate also manages the customer’s credit account. Each customer can only create one account per person. sipgate is entitled to block and delete additional accounts of a customer.

1.3. CONTRACT DURATION AND TERMINATION
The term of the basic contract for satellite is one calendar month.
In the first month, the contract term is only the period up to the end of the month.
After a calendar month has expired, the contract is extended by one month at a time, if it is not terminated.The contract can be properly terminated by both parties at any time with a notice period of one working day to the end of a calendar month (i.e. there must be a full working day between the notice of termination and the day on which the termination is to take effect). The receipt of the termination is decisive. The termination must be in writing (e.g. by letter, fax or e-mail). sipgate is entitled to request proof of the identity/legitimacy of the terminating party.

1.4. MINUTE QUOTA
satellite enables outgoing calls to all EU networks.
The customer is allotted 100 minutes per month.
If this allotment is used up, outgoing calls are generally not possible.
However, the customer can still be reached.

1.5.CALL LIST / EVENT LIST
Telephone calls and voice-mails that come in or out via the VoIP endpoint are displayed to the customer in his sipgate account.
The customer can call up information (time, duration, etc.) of incoming and outgoing connections and permanently delete the data via the app. The data will not be automatically deleted during the term of the contract.

1.6. MOBILE APP
Satellite customers can use the satellite VoIP services via the free satellite app.
The telephony functions via the app are usually available 24 hours a day. However, sipgate does not guarantee uninterrupted accessibility or uninterrupted availability of the call data retrieved via the internet. sipgate can develop the app further at any time, add, modify or remove individual functions and, in particular, issue updates. In order to guarantee the complete and stable functionality of the app, the user is required to install the latest version of the app. sipgate is not obliged to maintain support for older versions and/or to guarantee their compatibility with newer versions.

2. GENERAL PERFORMANCE CHARACTERISTICS FOR VOIP SERVICES

2.2. CONNECTION SERVICES

2.2.1. Telecommunication connections can be received at a sipgate connection and connections to other sipgate connections as well as to the public telephone network can be established. The probability of passage for these connections is 97% on an annual average. [B]

2.2.2. sipgate reserves the right to block individual target numbers, target number groups or target countries in order to protect against misuse and in the interests of consumer protection.
A list of all relevant barriers or restrictions, insofar as these have been set up, will be made available by sipgate immediately upon request.
For security reasons, calls to special numbers from the following area codes are not possible:

0137, 0138, 01212, 01807, 0185, 0181, 0188, 032, 0900 and 118xx.

2.2.3. Emergency calls to 110 and 112 are not possible via satellite. If the customer dials an emergency number via the app, they are forwarded to native telephony. After the customer has confirmed this forwarding, the emergency number is automatically called [c] [d].

2.2.4. Dialing a number is not permitted if the called party does not want the connection or it is known that the connection is prevented by the called party through technical precautions or by third parties at his or her request. Calls that are prohibited under the TKG (e.g. cold calls, calls
via dialers) are particularly prohibited.

2.2.5. A complete or partial transfer of use to third parties is only permitted if these third parties belong to the domestic community (for private use) or the business (for commercial use).

2.2. USE OF EXTERNAL VOIP DEVICES
The use of an external telephone system or a VoIP-capable device with the aid of the SIP access data is excluded.

3. SATELLITE PLUS

3.1. Description
Satellite Plus is satellite’s optional, paid subscription that offers VoIP performance and a growing number of additional functions. Satellite Plus costs € 4.99 per month.

3.2. Conclusion of contract, termination
The contractual partners are sipgate GmbH (hereinafter referred to as „sipgate“) Gladbacher Str. 74, 40219 Düsseldorf (Düsseldorf District Court, HRB 39841) and the customer.
The subscription price is billed monthly – depending on the operating system – via the customer’s iTunes account or Google Play Store account.

3.3. Contract term and termination
The subscription is automatically renewed one day before the 30 days expire.
The customer can cancel the service at any time in the settings.
If the customer cancels less than 24 hours before the end of the 30 days, the subscription will be renewed for another 30 days and € 4.99 will be debited for the last time.
After the subscription ends, the customer switches to the free basic version of satellite.
Settings and data are adopted.
3.4 Limitations of VoIP

Performance

3.4.1. Satellite Plus only contains connections between two people.
Connections that enable automated communication to and from machines are excluded.

3.4.2. The customer undertakes to only use satellite Plus as an end customer to the customary extent and in particular not to use it to establish connections that are maintained without interruption or almost without interruption.

3.4.3. The prerequisite for using the VoIP service from satellite Plus is that the customer is not a provider of telecommunications services, value-added services or mass individual communications,in particular not a provider of fax broadcast services, call center or telephone marketing services, or uses the flat rate tariff for such or comparable mass communication services.

3.4.4. The VoIP service of satellite Plus does not include connections that the caller establishes in order to provide telecommunications services to third parties or that he passes on to third parties for a fee or for other benefits.

3.4.5 The VoIP service does not include connections in which the customer or a third party is to receive pecuniary benefits depending on the duration of the connection, including access to advertising hotlines.

3.4.6. Exclusion of special numbers and services, separate billing:

The VoIP service does not include connections to:
Special phone numbers or phone numbers with special services (in particular automated announcements and services; chat or conference services; services that pay remuneration for the call to sipgate customers or third parties, in particular advertising hotlines or top-up services; data, online and internet connections; call diversions or forwarding as well as comparable services). Such connections represent a use of the VoIP service that is in violation to the contract. Sipgate reserves the right to assert a claim for damages and to block phone numbers that establish such connections.
Connections made in breach of contract according to the above regulations will be billed at the conditions of the regular sipgate tariff. Connections that the customer establishes in order to make them available to third parties for a fee or free of charge or that he passes on to third parties as well as connections that use the functions call forwarding, queries or conference can be established.

3.5. Extraordinary termination
In the event of a justified suspicion of use contrary to the contract (No. 3) on part of the customer, sipgate is entitled to an extraordinary right to terminate the tariff option or the entire contract. If satellite Plus’s VoIP service is used contrary to the terms of the contract (contrary to the provisions in no. 3), sipgate is entitled to belatedly and separately charge the customer for the provided services in accordance with the conditions laid out in the respective valid price list. sipgate expressly reserves the right to assert damage to the customer caused by using the sipgate connection in violation of the contract.

4. DATA PROCESSING IN MOBILE APPS

4.1. STORAGE OF TRAFFIC DATA

We store traffic data in order to present it across all devices in a call list. The data will be deleted from our servers after the end of the contract or if it is deleted via the app.

4.2. USAGE AND LOG INFORMATION
We collect service-specific information as well as information for diagnostic purposes and performance information in anonymous form. This also includes anonymized information about activity, log files as well as logs diagnostic-, crash-, website- and performance logs and reports.

4.3. DEVICE AND CONNECTION DATA.
We collect device-specific information. This includes information such as the hardware model, information about the operating system and information about the quality of the cellular network.

4.4. THIRD PARTY
We work with third party providers who help us operate, offer, improve, customize and market our services. For example, we work with companies to distribute our apps, provide our infrastructure, our delivery and other systems, and process payments. Under certain circumstances, these providers can provide us with information about sipgate customers; For example, app stores can provide us with reports or messages that we can use to diagnose and resolve problems with the services.