Terms of Sale
Effective Date: October 22nd, 2025
These Terms of Sale (“Terms”) govern the purchase and use of the Abatis78 smartphone (the “Product”) and any associated software, licences, or accessories provided by Abatis Security Innovations & Technologies GmbH, a company registered in Solothurn, Switzerland (the “Seller”). By purchasing or registering an Abatis78 smartphone, the purchaser (“Customer”) acknowledges that they have read, understood, and agreed to these Terms.
1. Eligible Purchasers
The Abatis78 smartphone is available only to individuals and organisations legally permitted to purchase and operate encrypted communications and cybersecurity devices in their jurisdiction.
By purchasing, the Customer warrants that they: – Are at least 18 years of age and have full legal capacity to enter into a binding agreement. – Are not prohibited from purchasing or using encryption-enabled devices in their country of residence. – Have conducted their own due diligence to ensure compliance with local law.
The Seller reserves the right to refuse or cancel any order that does not meet these eligibility requirements.
2. Restricted Jurisdictions
Abatis78 smartphones may not be sold, shipped, or distributed directly or indirectly to: – Residents, citizens, or entities of the United States of America, the People’s Republic of China, or any country subject to comprehensive international sanctions (including but not limited to Iran, North Korea, Syria, Russia, and Belarus). – Any person or entity located in a jurisdiction where import, sale, or possession of encrypted technology is restricted or prohibited.
Purchases made via intermediaries, nominee structures, or VPNs for the purpose of evading these restrictions are expressly prohibited and will result in immediate cancellation without refund.
3. Nature of the Product
The Abatis78 smartphone combines proprietary hardware and software technologies designed to provide sovereign-grade digital protection.
The purchase of the Product grants the Customer: – Ownership of the physical device. – A lifetime, non-transferable software licence for Abatis® kernel protection (valid for the operational life of the handset).
This licence does not confer any equity, voting, or ownership rights in Abatis Security Innovations & Technologies GmbH or its affiliates.
4. Design and Specification Variability
Abatis Security Innovations & Technologies GmbH continually enhances its products to improve performance, security, and reliability. The Abatis78 smartphone and all related imagery, descriptions, or technical specifications provided before or after purchase are indicative and subject to refinement.
Abatis reserves the right to modify, replace, or update any component, material, configuration, or aesthetic feature of the device — including, without limitation, its hardware architecture, sensors, casing, or software — where such change: – Improves security, durability, or sustainability; – Reflects updated supplier availability or compliance requirements; or – Enhances overall performance or manufacturing efficiency.
These modifications do not constitute a material change to the nature or purpose of the Product and shall not entitle the purchaser to cancellation, refund, or compensation, provided that the device delivered is of equivalent or superior specification and quality.
Images, renders, and specifications displayed in promotional materials are for representation only.
5. Software and Licence Terms
By activating the Abatis78 smartphone, the Customer accepts the End User Licence Agreement (EULA) accompanying the device. The Abatis® software operates deterministically and is designed to prevent unauthorised modification.
Customers must not: – Reverse engineer, decompile, or modify the firmware or software. – Install unapproved third-party firmware or root the device. – Circumvent or disable security features.
Breach of these terms will void the warranty and licence.
6. Order Process and Payment
All orders are subject to acceptance and availability. Pre-orders for limited editions (including the Founder’s Edition) require a deposit as specified at checkout. Full payment must be made in advance of shipment via authorised payment channels. Prices are exclusive of applicable import duties, customs, or taxes, which remain the Customer’s responsibility.
7. Delivery and Risk Transfer
Title to the physical device passes to the Customer upon full payment. Risk of loss transfers upon confirmed delivery to the Customer or authorised recipient. Estimated delivery times are indicative only. The Seller shall not be liable for delays caused by customs, logistics providers, or force majeure events.
8. Warranty and After-Sales Support
Each Abatis78 smartphone includes a 12-month limited manufacturer’s warranty covering: – Hardware defects under normal use. – Software activation or licensing errors attributable to the Seller.
The warranty does not cover: – Damage due to misuse, unauthorised modification, or installation of unapproved software. – Cosmetic damage, accidental breakage, or normal wear and tear. – Devices used outside compliance with applicable law.
Warranty claims must be made through authorised Abatis service channels.
9. Compliance and Export Controls
The Abatis78 smartphone incorporates cryptographic functionality subject to export control under Swiss and EU dual-use regulations (Category 5, Part 2 – Information Security). The Product qualifies for civilian “mass-market” exemption and is exported in accordance with applicable Swiss law.
Customers are responsible for ensuring import and lawful use within their jurisdiction. See the Compliance & Risk Disclosure page for full details.
10. Data Protection and Privacy
Abatis Security Innovations & Technologies GmbH complies with the Swiss Federal Data Protection Act (FADP) and the EU General Data Protection Regulation (GDPR). Any personal data collected for purchase, shipping, or registration is processed solely for legitimate business purposes and will not be shared with third parties except as required by law or service provision.
See the Privacy Policy for further details.
11. Limitation of Liability
To the maximum extent permitted by law, the Seller shall not be liable for any: – Indirect, consequential, or incidental damages (including data loss or business interruption). – Losses arising from use, misuse, or inability to use the Product. – Breach of third-party software or hardware compatibility.
In no case shall the Seller’s aggregate liability exceed the total purchase price paid by the Customer for the device. Nothing in these Terms limits liability for death or personal injury caused by negligence.
12. Force Majeure
The Seller shall not be liable for delays or failures caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, sanctions, cyberattacks, labour disputes, supply-chain interruptions, or regulatory changes.
13. Returns and Refunds
Refunds for pre-orders are available until production confirmation, as stated at the time of reservation. For shipped devices, returns are accepted only for defective products in accordance with warranty conditions and within 14 days of delivery, provided the device is unused and in original packaging. Return shipping costs are borne by the Customer unless otherwise agreed.
Consumers located within the European Union who purchase Abatis78 smartphones online are entitled to withdraw from the purchase contract within 14 days of receiving the Product, without providing any reason. To exercise this right, the Customer must notify Abatis Security Innovations Technologies GmbH in writing via email or postal communication before the expiry of the 14-day period. If the right is exercised, the Customer must return the Product unused and in its original packaging within 14 days of cancellation confirmation. The Seller will reimburse all payments received, including standard delivery costs, within 14 days of receiving the returned goods or proof of shipment, whichever occurs first. Refunds will be made using the same payment method used for the original transaction. This right of withdrawal applies only to online purchases by consumers within the EU and does not affect statutory warranty rights.
14. Intellectual Property
All intellectual property rights in the Abatis78 design, software, firmware, trademarks, and trade dress remain the sole property of Abatis Security Innovations & Technologies GmbH. No transfer or licence is granted except as expressly stated.
15. Governing Law and Jurisdiction
These Terms and any dispute arising from the purchase or use of the Product shall be governed by and construed in accordance with Swiss law, excluding conflict-of-law principles. The courts of Zurich, Switzerland, shall have exclusive jurisdiction. At the Seller’s discretion, disputes may alternatively be resolved by arbitration under the Swiss Chambers’ Arbitration Institution in accordance with its rules.
16. Amendments
The Seller reserves the right to update or amend these Terms to reflect legal, operational, or technical changes. All updates will be published on the official Abatis website. Continued use or purchase after such updates constitutes acceptance of the revised Terms.
17. Acceptance
By purchasing or registering an Abatis78 smartphone, the Customer acknowledges that they: – Have read and understood these Terms of Sale. – Are legally entitled to import, own, and operate the Product. – Accept all associated risks and responsibilities for lawful use.
Abatis Security Innovations & Technologies GmbH
Luterbach, Solothurn, Switzerland
📧 contact@abatis.ch