These Terms of Use (“Terms”) govern the activation, operation, and continued use of the Abatis78 smartphone (the “Device”) and all associated software, firmware, and services provided by Abatis Security Innovations & Technologies GmbH, a company incorporated in Solothurn, Switzerland (“Abatis”, “we”, “our”, or “us”).

By activating or using the Device, the end user (“User”, “you”, or “your”) agrees to be bound by these Terms.

If you do not agree, you must not activate or use the Device.

These Terms set out the rights and obligations between Abatis and the User in respect of:

• The physical Abatis78 handset.
• The embedded Abatis® security software.
• The integrated Aegis™ data protection layer.
• Any future software updates, patches, or enhancements issued by Abatis.

These Terms apply to all versions of the Abatis78 smartphone, including the Founder’s Edition.

Upon full payment, you acquire ownership of the physical hardware only.

You do not acquire ownership of any intellectual property, source code, or proprietary software installed on the Device.

Abatis grants you a personal, perpetual, non-transferable licence to use the pre-installed Abatis® and Aegis™ software for the operational life of the Device.

This licence:

• Permits use solely for lawful personal or organisational purposes.
• Does not confer any ownership, equity, or proprietary rights.
• Automatically terminates if the Device is altered, rooted, or used in breach of these Terms.

The licence cannot be sold, sub-licensed, or transferred except through an Abatis-approved registry transfer for secondary owners.

The Abatis78 operates under a deterministic architecture designed to prevent unauthorised modification.

Users must not:

• Attempt to bypass, disable, reverse-engineer, or tamper with any system integrity feature.
• Install unauthorised firmware, third-party operating systems, or kernel modifications.
• Use the Device to conduct or facilitate unlawful surveillance, hacking, or cyber operations.

Any unauthorised modification voids the licence and warranty immediately.

The Device is designed to operate without telemetry, data harvesting, or remote tracking.

Abatis does not access, collect, or process user data stored on the Device except where:

• Required for lawful diagnostic or licensing verification purposes.
• Explicitly authorised by the User (e.g., during registration or support).

Users remain solely responsible for safeguarding their data and for implementing encryption passphrases or access controls where applicable.

The Abatis78 may receive deterministic security updates or performance patches issued by Abatis.

• Updates are digitally signed and verified through Abatis’ secure chain of trust.
• The Device will never perform unsanctioned or forced updates from third parties.
• Users may choose to defer or manually install updates where permitted.

Refusal of essential security updates may degrade functionality or void compliance warranties.

Permitted Uses

• Personal or organisational use for secure communication, storage, or productivity.
• Use in compliance with applicable export and encryption laws.

Prohibited Uses

Users must not:

• Employ the Device for criminal, terrorist, espionage, or offensive cyber purposes.
• Sell, export, or transfer the Device to restricted jurisdictions or sanctioned persons.
• Use the Device in conflict with Swiss, EU, or international law.

Abatis reserves the right to deactivate licences where there is evidence of unlawful use or breach of export control.

The Abatis78 incorporates cryptographic functionality subject to Swiss and EU dual-use export regulations.

Users are responsible for ensuring lawful import, possession, and use of encrypted technology in their jurisdiction.

See the Compliance & Risk Disclosure for details on restricted territories and legal conditions.

The Device includes a 12-month limited hardware warranty as set out in the Terms of Sale.

Software integrity is warranted only in its original state.

Support may be provided through authorised Abatis service channels or certified partners.

Warranty and support will not apply where:

• The Device has been modified or rooted.
• The software integrity has been compromised.
• The Device is operated outside lawful jurisdictions.

Abatis provides preventative cybersecurity technology, not insurance.

You remain responsible for:

• Physical protection of the Device.
• Secure storage of access credentials, keys, and passphrases.
• Ensuring that all communications and stored data comply with applicable law.

Loss or compromise of access credentials is the sole responsibility of the User.

To the maximum extent permitted by law:

• Abatis shall not be liable for indirect, consequential, or incidental losses, including data loss, reputational damage, or operational downtime.
• The total aggregate liability of Abatis shall not exceed the purchase price of the Device.
• Abatis shall not be liable for losses arising from unauthorised modification, malware introduced by the User, or third-party network compromise.

Nothing in these Terms limits liability for death or personal injury caused by negligence or fraud.

All patents, trademarks, software, design elements, trade secrets, and technical know-how embedded in the Abatis78 remain the exclusive property of Abatis Security Innovations & Technologies GmbH.

No title or ownership is transferred by purchase or use of the Device.

Abatis may revoke or suspend the software licence if:

• The Device or software is used unlawfully.
• The User breaches these Terms or export regulations.
• Continued operation poses a security or legal risk.

Upon termination, Users must immediately cease use and delete any software or derived components under Abatis’ direction.

Abatis shall not be liable for delays, defects, or service interruptions resulting from events beyond its reasonable control, including natural disasters, acts of war, regulatory actions, cyber incidents, or supply-chain failures.

Abatis may amend these Terms to reflect legal or technical developments.

Material changes will be published on the official Abatis website or communicated to registered owners.

Continued use after publication constitutes acceptance of the amended Terms.

These Terms of Use are governed by and construed in accordance with Swiss law, excluding conflict-of-law rules.

The courts of Zurich, Switzerland, shall have exclusive jurisdiction.

At Abatis’ discretion, disputes may be resolved by arbitration under the Swiss Chambers’ Arbitration Institution.

Abatis Security Innovations & Technologies GmbH

Luterbach, Solothurn, Switzerland

📧 contact@abatis.ch

🌐 www.abatis78.com

By activating or using your Abatis78 smartphone, you acknowledge that you:

• Have read and understood these Terms of Use.
• Are legally entitled to operate encryption-enabled equipment.
• Accept full responsibility for lawful and compliant use.

© Abatis Security Innovations & Technologies GmbH — All Rights Reserved