1. Agreement to Terms
By downloading, installing, accessing, or using the Fernweh application (“App”, “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you must not use the Service. These Terms constitute a legally binding agreement between you (“User”, “you”, “your”) and Offline Protocol, Inc. (“Company”, “we”, “us”, “our”), a corporation organized under the laws of the United States. We reserve the right to modify these Terms at any time. We will notify you of material changes through the App or via the email address associated with your account. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.2. Eligibility
You must be at least 13 years of age to use this Service. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you represent and warrant that:- You have the legal capacity to enter into these Terms
- You are not barred from receiving services under applicable laws
- Your use of the Service will comply with all applicable local, state, national, and international laws and regulations
3. Account Registration and Security
3.1 Account Creation
To use certain features of the Service, you must create an account using a valid email address or phone number, or by authenticating through a supported third-party provider (Google Sign-In). You will select a unique username during registration. You agree to provide accurate, current, and complete information during registration.3.2 Authentication
The Service uses one-time passcode (OTP) verification for authentication. You are responsible for maintaining the security of your email or phone number used for authentication. You must immediately notify us of any unauthorized use of your account.3.3 Account Responsibility
You are solely responsible for all activity that occurs under your account, whether or not authorized by you. We are not liable for any loss or damage arising from unauthorized use of your account.3.4 Username
Your username is publicly visible to other users. You may not select a username that: (a) impersonates another person or entity, (b) is offensive, vulgar, or inappropriate, (c) infringes on any trademark or intellectual property right, or (d) is designed to confuse or mislead other users.4. Description of the Service
4.1 Core Functionality
Fernweh is a messaging application that enables users to communicate through:- Direct one-to-one text messaging
- Group messaging
- Media sharing (images, videos, voice messages, documents, files)
- Audio and video calls
- Location sharing
- Peer discovery and connection requests
4.2 Mesh Networking
The Service incorporates Bluetooth Low Energy (BLE) mesh networking technology (powered by the Offline Protocol Mesh SDK) that enables peer-to-peer communication between nearby devices. This functionality operates independently of internet connectivity and allows direct device-to-device message exchange.4.3 Online Relay
When mesh networking is unavailable, messages are transmitted through our online relay infrastructure to ensure delivery.5. User Content
5.1 Ownership
You retain all ownership rights in the content you create, upload, transmit, or display through the Service (“User Content”). By submitting User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to transmit, relay, and temporarily store your content solely for the purpose of providing and operating the Service.5.2 Content Restrictions
You agree not to upload, transmit, or share User Content that:- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Infringes on any patent, trademark, copyright, trade secret, or other proprietary rights of any party
- Contains malware, viruses, or other harmful code
- Constitutes unsolicited advertising, spam, or chain letters
- Impersonates any person or entity or misrepresents your affiliation with any person or entity
- Involves the exploitation or harm of minors in any way
- Violates the privacy or publicity rights of any third party
- Contains material that encourages conduct constituting a criminal offense or gives rise to civil liability
5.3 Content Moderation
While we do not routinely monitor the content of private communications, we reserve the right to remove or restrict access to any content that violates these Terms or applicable law, upon becoming aware of such content.5.4 Content Availability
We do not guarantee the permanent storage or availability of User Content. Messages and media are stored locally on your device and may be transmitted through relay infrastructure. You are responsible for maintaining your own backups of any content you wish to preserve.6. Encryption and Security
6.1 End-to-End Encryption
The Service implements encryption for messages and media. Media files are encrypted using AES-256-GCM before transmission. Call audio and video utilize end-to-end encryption through WebRTC with shared encryption keys.6.2 Local Encryption
Data stored locally on your device is encrypted at rest using AES-256 encryption. Encryption keys are stored in platform-native secure storage (iOS Keychain, Android Keystore).6.3 Mesh Communications
Messages transmitted via the Bluetooth mesh network utilize the Messaging Layer Security (MLS) protocol for session-based encryption between peers.6.4 Limitations
While we implement industry-standard encryption, no method of electronic transmission or storage is 100% secure. We cannot guarantee absolute security and are not responsible for circumvention of any privacy settings or security measures.7. Bluetooth and Network Permissions
7.1 Bluetooth Access
The mesh networking feature requires Bluetooth permissions. When enabled, your device will advertise its presence to nearby devices also running the Service and will scan for nearby peers. You may disable Bluetooth access at any time through your device settings, which will disable mesh networking functionality.7.2 Data Transmitted via Bluetooth
When using mesh networking, the following data is transmitted via BLE advertisements:- A device identifier (not linked to your personal identity)
- Connection availability (number of available connection slots)
- Device battery level
- Application identifier
7.3 WiFi Direct
On supported Android devices, the Service may use WiFi Direct as an alternative peer-to-peer transport when Bluetooth bandwidth is insufficient.8. Audio and Video Calls
8.1 Call Infrastructure
Audio and video calls are facilitated through third-party WebRTC infrastructure (LiveKit). Call signaling passes through our relay servers, while actual audio and video media are transmitted through regional media servers.8.2 Call Data
We may store call metadata (call initiation time, duration, participants) for service operation purposes. We do not record, store, or access the audio or video content of calls.8.3 Permissions
Calls require camera and microphone permissions, which are requested on-demand when you initiate or accept a call.9. Push Notifications
9.1 Notification Delivery
The Service uses Firebase Cloud Messaging (FCM) and Apple Push Notification service (APNs) to deliver push notifications. By enabling notifications, you consent to the transmission of device tokens to these services for notification delivery.9.2 Device Information
To deliver notifications, we collect and store your device token, device model, operating system version, and app version. This information is associated with your account and used solely for notification delivery.10. Intellectual Property
10.1 Our Property
The Service, including its design, code, features, functionality, and documentation, is owned by Offline Protocol, Inc. and is protected by copyright, trademark, and other intellectual property laws. The Offline Protocol Mesh SDK, OfflineID SDK, and all related technologies are proprietary to Offline Protocol, Inc.10.2 Trademarks
“Fernweh”, “Offline Protocol”, and associated logos are trademarks of Offline Protocol, Inc. You may not use these marks without our prior written consent.10.3 Feedback
Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.11. Prohibited Conduct
You agree not to:- Use the Service for any illegal purpose or in violation of any applicable law
- Attempt to reverse engineer, decompile, or disassemble any portion of the Service
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Use automated means (bots, scrapers, crawlers) to access the Service
- Attempt to gain unauthorized access to other users’ accounts or data
- Use the mesh networking feature to intercept, relay, or tamper with other users’ communications
- Circumvent, disable, or interfere with any security features of the Service
- Harvest or collect information about other users without their consent
- Use the Service to transmit any harmful code or malicious software
- Create multiple accounts for deceptive or abusive purposes
- Sell, transfer, or sublicense your account or any rights under these Terms
12. Account Termination
12.1 By You
You may request deletion of your account at any time through the App settings. Account deletion requires email verification via a one-time code. Upon verified request, your account will be scheduled for permanent deletion after a 30-day grace period, during which you may cancel the deletion request by logging back in.12.2 By Us
We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to: violation of these Terms, fraudulent or illegal activity, extended periods of inactivity, or requests from law enforcement.12.3 Effect of Termination
Upon termination:- Your access to the Service will be revoked
- Your profile will be removed from public visibility
- Your data will be handled in accordance with our Privacy Policy
- Locally stored data on your device will remain until you uninstall the App
13. Disclaimers
13.1 “As Is” Basis
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.13.2 No Guarantee of Availability
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. Mesh networking availability depends on the proximity and number of other users with compatible devices and enabled Bluetooth.13.3 Message Delivery
We do not guarantee the delivery, receipt, or storage of any message. Messages transmitted via mesh networking depend on the availability of relay nodes and Bluetooth connectivity. Messages transmitted via online relay depend on internet connectivity and server availability.13.4 Third-Party Services
The Service integrates with third-party services (Google, Firebase, LiveKit). We are not responsible for the availability, accuracy, or practices of these third-party services.14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OFFLINE PROTOCOL, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- ANY LOSS OF DATA, USE, GOODWILL, OR PROFITS
- ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
- ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE
15. Indemnification
You agree to defend, indemnify, and hold harmless Offline Protocol, Inc. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.16. Dispute Resolution
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law provisions.16.2 Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted in English and the arbitral decision may be enforced in any court of competent jurisdiction.16.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.16.4 Exception
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Offline Protocol, Inc. regarding the Service.17.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.17.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.17.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.17.5 Force Majeure
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, natural disasters, government actions, or failures of third-party services.18. Contact Information
If you have any questions about these Terms, please contact us at: Offline Protocol, Inc. Email: legal@offlineprotocol.com Website: https://offlineprotocol.comBy using Fernweh, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.