Terms of Use - Air
Phoenix R&D GmbH
Pappelallee 78/79
10437 Berlin
("Phoenix R&D")
1. Preamble / Validity and Amendment of the Terms of Use
Phoenix R&D is the provider of the internet-based, highly privacy-oriented service for individual communication, "Air". Air includes the software developed by Phoenix R&D, server services, the website https://air.ms, as well as the mobile app and the desktop app ("Apps"), which enable users of mobile devices and/or desktop computers ("end devices") to communicate anonymously and securely with each other in individual or group chats via a messaging platform ("Platform").
A "User" is defined as anyone who registers on the Platform and accepts the validity of these Terms of Use.
Phoenix R&D and the User are hereinafter also referred to individually as a "Party" or collectively as the "Parties".
The use of Air is free of charge. No consideration in the form of data transfer is owed.
These Terms of Use govern the relationship between Phoenix R&D and the User in connection with the use of Air. By registering, the User agrees to the validity of these Terms of Use. They also apply if the User uses their own General Terms and Conditions and these contain conflicting or deviating provisions. The User's General Terms and Conditions do not apply, even if Phoenix R&D does not expressly object to them.
The Terms of Use apply accordingly to any updates or other changes to Air, unless otherwise communicated by Phoenix R&D.
In addition, the statutory provisions for the free provision of Air apply, in particular §§ 516 ff. BGB (German Civil Code - Gift).
Phoenix R&D reserves the right to change these Terms of Use at any time for objective reasons (e.g., changes in law or jurisprudence, changes in economic conditions or the business model) and to make the current version available in the Apps/on the Platform. Phoenix R&D will inform the User of significant changes via a notice in the Apps. By continuing to use the service, the User agrees to the validity of the current Terms of Use. If the User does not agree with the Terms of Use, they must immediately cease using the services offered by Phoenix R&D.
2. Subject of the Contract / Services of Phoenix R&D
The subject of the contract is the provision of the Platform on Phoenix R&D's server as well as the provision of the Apps, which represent a way to access the Platform.
Phoenix R&D offers Users the opportunity to share content in the form of texts, images, videos, and other files ("Content") with each other free of charge and anonymously via the Platform.
Communication can take place in individual as well as in group chats with individually selected users. The public provision of Content to a potentially unlimited number of users is not possible.
Communication is end-to-end encrypted, such that Content can only be read by the sender and recipient via the Platform. Further information about the technology used and the handling of data is available at air.ms/privacy.
Phoenix R&D does not gain knowledge of and has no access whatsoever to the User's posted Content, the User's identity, their contact details (phone number, email address, etc.), or other metadata of the communication process.
Phoenix R&D does not monitor or control the Content and assumes no guarantee for its accuracy, timeliness, suitability, or quality.
Phoenix R&D does not provide storage space. The services of Phoenix R&D are limited to the transmission of Content and the mediation of access to it, including automatic, temporary intermediate storage. The Content introduced to the Platform is available to the User (sender/recipient) in their user account for download only for a limited period, as specified on the website or in the Apps, from the time of sending, and is then irretrievably deleted.
Phoenix R&D does not offer internet or telecommunication services.
Phoenix R&D does not offer maintenance or support services.
The internet connection and the functioning infrastructure of the participating end device (e.g., compatible end device, operating system version, storage space on the end device) are not part of Phoenix R&D's services. The User is solely responsible for this. Restoration of Content by Phoenix R&D in case of damage or loss of the end device is not possible and not owed.
There is no claim to constant and uninterrupted availability of the Platform. Temporary service interruptions due to usual maintenance times, system-inherent internet disruptions, and in cases of force majeure are possible. However, Phoenix R&D strives to achieve the highest possible availability and to resolve disruptions as quickly as possible.
Phoenix R&D will continuously develop Air, especially with regard to findings in IT security technology. In doing so, new functions may be developed and existing functions may be replaced by new ones or removed from the system.
3. Access / Registration / Conclusion of Contract
Registration and use of the Platform are only permitted from a minimum age of 16 years.
Access to the Platform can be gained via the Apps.
Phoenix R&D makes the Apps available for free download to the User's end devices via the Google Play Store (Android) and the Apple App Store (iOS) ("App Stores").
The technical requirements for downloading the App are described in the App Stores.
Neither the operators of the App Stores nor other third-party providers become contractual partners of this user agreement. Phoenix R&D has no influence on any terms and conditions of the App Stores/third-party providers or their data collection and bears no responsibility in this regard.
The use of the Platform is anonymous but requires registration in the form of setting up a user account on Phoenix R&D's server.
The provision of personal data such as real name, address, phone number, or email address is not required and is not requested.
The user account can be given a freely chosen username to facilitate finding/communication among users. Use of the Platform without a username is also possible.
Upon completion of registration by assigning an account number, a user agreement is concluded between Phoenix R&D and the User.
Downloading the Apps and using the Platform, as well as accessing messages, updates, or other changes, require a functioning internet connection and a functioning infrastructure of the participating end device (e.g., compatible end device, operating system version, storage space on the end device).
4. Obligations of the User / Acceptable Use Policy
It is the User's responsibility to ensure the functionality of the Platform's operating environment (e.g., compatible end device, operating system version, storage space on the end device) and to test its usability in the specific situation before starting productive use of the Platform.
For certain functions of the Platform, access to the camera, photo storage, and location of the end device is required. Access is only granted if the User expressly consents to it beforehand. If the User does not consent, the corresponding functions of the Platform will be limited.
It is the sole responsibility of the User to download and permanently save the introduced or received Content in a timely manner and, if necessary, to perform data backups.
The User is prohibited from using the Platform for illegal and/or abusive purposes. In particular, they will refrain from posting/transmitting/storing illegal or immoral content, including by means of references/links. This includes, in particular, content that serves to incite hatred within the meaning of §§ 130, 130a, and 131 of the German Criminal Code (StGB), incites criminal offenses, or glorifies or trivializes violence, is likely to seriously endanger the morals of children or adolescents or impair their well-being (also within the meaning of §§ 184 ff. StGB), racist, sexist, offensive content, threats or defamation, as well as content that is otherwise capable of violating human dignity, copyright, or industrial property rights of third parties or damaging the reputation of Phoenix R&D.
The User is also prohibited from using the Platform for mass messaging, unsolicited or unauthorized advertising, junk mail, spam, automated messages, chain letters, pyramid schemes, or any other form of duplicate or unsolicited messages, whether commercial or otherwise, or for the purpose of identity fraud.
The User is further prohibited from:
gaining unauthorized access to the Platform or Phoenix R&D's systems;
impersonating Phoenix R&D or "Air" to other users or third parties;
impairing the integrity or functionality of Phoenix R&D's services, e.g., by using malware;
interfering with, disrupting, or placing an unreasonable load on servers or networks connected to Phoenix R&D's services, or violating the regulations, policies, or procedures of such networks;
creating user accounts by unauthorized or automated means, e.g., by using software or automated agents or scripts;
generating automated searches, requests, or queries, or removing, scraping, or mining data;
harassing or interfering with other users' use of the services;
or collecting, capturing, or compiling information or data about other users in an unauthorized manner.
The User is solely responsible for the Content they post and bears all risks associated with the posting of the Content, including reliance on its accuracy, completeness, or usefulness by others, or any disclosure of their Content that personally identifies them or a third party.
The User is solely responsible for maintaining the confidentiality of their account login credentials and bears full responsibility for all activities that occur through their account. The User is obliged to immediately inform Phoenix R&D of any unauthorized use or suspected unauthorized use of their account or any other breach of security.
5. Notifications / Updates / Changes
Phoenix R&D reserves the right to modify, interrupt, or discontinue Air and its features at its sole discretion.
Phoenix R&D will inform the User about significant updates, other changes to the service or the Terms of Use, and any effects on the use of Air and the availability of features and Content through a notice within the Platform/the Apps. It is the sole responsibility of the User to connect to the internet at regular intervals to receive such notifications.
If the updates require further permissions, the User will be informed of this before installation. If the User does not agree to these further permissions, no update will be performed, and this may impair the use of Air.
6. Copyright, Usage Rights, and Other Ancillary Copyrights
The User acknowledges that Air is a copyrighted work of Phoenix R&D.
All copyrights, patents, trademarks, and other ancillary copyrights to Air belong exclusively to Phoenix R&D in the relationship between the Parties. The posting of Content on the Platform does not create any co-authorship rights for the User.
The User is granted a simple, non-transferable right to use Air for its intended purpose.
The User is not authorized to make any kind of adaptation or modification (e.g., to the (source) code, the software, the documentation, e.g., through reverse engineering, manipulation, decompilation, disassembly, or similar).
Any form of imitation, reproduction, sale, or other distribution of Air or parts thereof by the User is prohibited.
Phoenix R&D, in turn, acknowledges that it does not acquire any copyright, usage, or ancillary copyrights to the stored Content, apart from the usage rights that are technically necessary for the provision of the service.
7. LIABILITY / DISCLAIMER OF WARRANTIES
PHOENIX R&D IS LIABLE FOR DAMAGES INCURRED BY THE USER OR THEIR VICARIOUS AGENTS ONLY IN CASES OF INTENT AND GROSS NEGLIGENCE (§ 521 BGB).
PHOENIX R&D IS LIABLE FOR ANY MATERIAL AND LEGAL DEFECTS IN AIR ONLY IF PHOENIX R&D HAS FRAUDULENTLY CONCEALED THE DEFECT FROM THE USER (§§ 523, 524 BGB).
LIABILITY TOWARDS ENTREPRENEURS WITHIN THE MEANING OF § 14 BGB ("B2B") IS LIMITED TO FORESEEABLE, OR TYPICAL DAMAGES.
THE DEFENSE OF CONTRIBUTORY NEGLIGENCE REMAINS UNAFFECTED FOR PHOENIX R&D. THE USER HAS, IN PARTICULAR, THE DUTY OF INTENDED USE, DATA BACKUP, AND ENSURING A FUNCTIONAL WORKING ENVIRONMENT.
PHOENIX R&D IS EXPRESSLY NOT LIABLE
FOR THE LOSS OF CONTENT RESULTING FROM DAMAGE TO OR LOSS OF THE END DEVICE OR FROM THE DELETION/BLOCKING OF THE ACCOUNT BY PHOENIX R&D OR THE USER;
FOR ANY INTERRUPTIONS DUE TO MAINTENANCE, SYSTEM-INHERENT DISRUPTIONS OF THE INTERNET OR THE PARTICIPATING END DEVICE, AS WELL AS IN CASES OF FORCE MAJEURE;
FOR THE LEGALITY AND LAWFUL ACQUISITION OF THE CONTENT;
FOR DAMAGES OR LOSSES INCURRED BY USERS FROM INTERACTIONS WITH OTHER USERS.
PHOENIX R&D MAKES NO WARRANTY (WHETHER EXPRESS OR IMPLIED) THAT AIR WILL MEET THE USER'S EXPECTATIONS, BE FIT FOR A PARTICULAR PURPOSE, BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT IT WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LAWFUL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO AIR, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE USER. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE RESPECTIVE USER.
8. Indemnification
The User will indemnify Phoenix R&D and its vicarious agents from all asserted claims by third parties based on a culpable breach of the obligations listed in these Terms of Use and/or other culpable harmful actions by the User or a third party attributable to them. Furthermore, the User will compensate for any further damages, including the costs of any necessary legal prosecution and defense. This obligation also exists in the case of misuse of the user account by third parties, insofar as the User is at fault.
In disputes with third parties, the User will promptly provide Phoenix R&D with all necessary information and support Phoenix R&D to the best of their ability in defending against or asserting claims. Phoenix R&D will make reasonable efforts to inform the User of such claims, actions, or proceedings upon becoming aware of them.
The User agrees not to settle any matter related to the use of Air without the prior written consent of Phoenix R&D.
9. Data Protection / Privacy
Phoenix R&D does not process any personal data of the Platform's users. Further information on Phoenix R&D's privacy notice for the use of Air can be viewed at phnx.im/privacy#using-air.
10. Term and Termination of the User Agreement / Deletion of the User Account
The user agreement is for an indefinite period and can be terminated at any time without notice by Phoenix R&D and/or the User.
The User can terminate the use at any time by deleting their user account.
Phoenix R&D is entitled, but not obligated, to suspend or terminate the user agreement at any time without giving reasons at its sole discretion and to delete the user account. Possible reasons for termination and deletion include, for example, violations of Section IV.
Upon termination of the user agreement and deletion of the user account, the User's access to the account ends. All content will be irretrievably deleted.
Phoenix R&D is also entitled to discontinue the operation of the Platform at any time. In this case, Phoenix R&D will inform the User in a timely manner via a notification on the Platform.
11. Final Provisions
If one of the provisions of these Terms of Use is wholly or partially invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a valid provision shall be deemed to have been agreed upon which comes closest to the economic intention of the Parties.
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This applies to consumers only to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
If the User is an entrepreneur, a legal entity under public law, or a special fund under public law, the exclusive - including international - place of jurisdiction for all disputes arising from contractual relationships between the Parties shall be the registered office of Phoenix R&D in Berlin, Germany. Phoenix R&D is entitled, but not obligated, to sue at the User's registered office.
This text is subject to German law and shall be interpreted according to German legal understanding. The attached English version is for informational purposes only and is not part of the legal transaction. In case of discrepancies between the German and English versions, only the German version shall apply.
As of December 2025
