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Peerio Terms of Use

*Last updated 18 November 2015

Preface

Much of the information contained in the following Terms of Use involves legal statements we need to make to protect ourselves as a company, and to make it clear to you as a user what legal rights you do and do not have when using the service. If you're looking for Peerio's licensing agreements, service agreements, intellectual property information, etc. You've come to the right place.

If you are primarily interested in what data is available to Peerio and how your data is handled, please view our Privacy Policy.

If you are primarily interested in how Peerio responds to law enforcement, please view our Law Enforcement Guidelines.

1. Acceptance of Terms

Technologies Peerio Inc. ("Peerio" or "we") makes certain websites, applications and service (the “Services”) available to you, subject to these terms of use (the “Terms of Use”). By accessing, browsing and/or using the Services, you acknowledge that you have read, understood and agree to abide by and comply with these Terms of Use, which are intended to be legally binding upon you. We may change the Terms of Use at any time, at our sole discretion, by posting revisions on our website or through any applicable application, and your continued use of the Services indicates your agreement to the modified Terms of Use. Accordingly, we urge you to review the Terms of Use. If you do not agree to the Terms of Use or any revisions thereto, please do not use the Services.

These Terms of Use form a legally binding contract between you and Peerio. If you are an employee of a government, government department or agency (a “Government”), you are agreeing to these Terms of Use on behalf of such Government and represent and warrant to Peerio that you are authorized to enter into contracts on behalf of such Government.


2. Content

All content and materials made available through the Services by Peerio, including but not limited to the text, graphics, user interfaces, computer code and trademarks, names, copyrights and other forms of intellectual property (collectively, the "Content") is owned, controlled, or licensed by or to Peerio and is protected by national and international copyrights, trademarks, service marks, patents, trade secrets, know-how or other proprietary rights and laws. Software that powers the Peerio application is licensed to you subject to the “GNU GENERAL PUBLIC LICENSE Version 3, 29 June 2007”, which is incorporated herein by this reference and which you can view here: https://www.gnu.org/licenses/gpl-3.0.en.html.

Peerio does not own, has no interest in, and cannot access content that is created by its users and transmitted by them through the services. Users are entirely responsible for their own content.

3. Use of the Services

Except as expressly provided in these Terms of Use, no part of the Services and no Content may be reproduced, duplicated, downloaded, sold, resold, published, modified or otherwise distributed for any purpose without the express prior written consent of Peerio.

You may not use any unsanctioned automated or repeated means to obtain access to the Service in a manner that may degrade the Services. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content that is not generally available to the public or to registered users of the Services, or in any way obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. Peerio reserves the right to bar any such activity. If you are curious about how the Services work, portions of them are open source and you are invited to review the source code at the Peerio GitHub repository.

You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, or to any of the services offered on or through the Services, by hacking, password "mining" or any other illegitimate means.

Except in strict compliance with the Peerio “Bug Bounty” program, you may not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, or any other user of Peerio’s products, software or services, including any Peerio account not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Peerio’s systems or networks, or any systems or networks connected to the Services or to Peerio.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.

While we may not need to know who you are, you may not use the Services to impersonate any other individual or entity for the purposes of deceiving any person, including Peerio.

You may not use the Services or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Peerio or others. You may not use the Services for any purpose related to seeking or obtaining any information about any other user of the Services, except with the consent of Peerio and the relevant user(s).

4. Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to enter and use the Services subject to the restrictions of these Terms of Use. Peerio may change, suspend, or discontinue any aspect of the Services at any time. Peerio may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Services.

5. Accounts, Passwords and Security

Certain services offered on or through the Services may require you to open an account (including setting up a Peerio account and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your passphrase, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You are responsible for all activities that occur under your password or account. You agree to notify Peerio immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Peerio or any other user of the Services due to someone else using your Peerio username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Peerio username, password or account at any time without the express permission and consent of the authorized holder of that username, password or account. Peerio cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

6. Violation of the Terms of Use

You understand and agree that in Peerio’s sole discretion, and without prior notice, Peerio may block your access to the Services, or exercise any other remedy available, if Peerio believes that your use of the Services has violated or is inconsistent with these Terms of Use, or violates the rights of Peerio, or any third party, or violates any applicable law. You agree that monetary damages may not provide a sufficient remedy to Peerio for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.

If Peerio reasonably believes that your activities are (a) unlawful or violate these Terms of Use, and (b) threaten Peerio or its users, Peerio reserves the right to report such activities to relevant law enforcement agencies and to provide information reasonably required to assist in such investigation.

7. Downloads

The Peerio application that is made available to view and/or download in connection with the Services is owned by and is the copyrighted work of Peerio and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software that powers the Peerio application is licensed to you subject to the “GNU GENERAL PUBLIC LICENSE Version 3, 29 June 2007”, which is incorporated herein by this reference and which you can view here: https://www.gnu.org/licenses/gpl-3.0.en.html. Certain portions of the software may be closed source, in which case you are granted a limited, personal license to use these portions of the Software in the manner intended associated with the use of the Services.

8. Intensity of Use of the Services

You agree that Peerio may establish limits concerning use of any services (including email services) offered through the Services, including without limitation, the maximum number of days that messages will be retained by the service, the maximum number of messages that may be sent from or received by an account on the service, the maximum size of a message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Peerio's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.
In addition to the terms and conditions set out herein, you agree that you: (a) will comply with all applicable laws with respect to your use of the Services; (b) will not forward or propagate chain letters of any type (including charity requests or petitions for signatures), whether or not the recipient wishes to receive such mailings; (c) will not intentionally flood a user, server, account or site with large or numerous messages; and (d) will not forge header information.

9. Purchases

By making any purchase from Peerio through the Services, you agree to abide and be bound by all applicable contractual terms that are presented to you at the time of the purchase. You further agree that you will not make any purchase from the Services without complying with all applicable laws and regulations, and you warrant that you will not make any purchases through the Services where such purchase is prohibited by local laws. You acknowledge that all purchases made by you through the Services are for your internal or personal use only, and are not for resale or export.

10. Representations By You


By visiting the Services, you represent, warrant and covenant that all materials of any kind submitted by you through the Services or for inclusion on the Services will not violate or infringe upon the rights of any third party including trade secret, copyright, moral right, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
You also represent and warrant that: (i) you will not select or utilize a username of another person with intent to impersonate that person; (ii) you will not select or utilize a username to which another person has rights, if you do not have that person's authorization to use such name; (iii) you will not select or utilize a username for the purposes of deceiving any person regarding your identity, and (iv) you will not select or utilize a username that Peerio in its sole discretion deems offensive.
By visiting the Services, you also represent, warrant and covenant that you are at least of the age of majority in the jurisdiction in which you reside and are capable of entering into legally enforceable contracts.

11. Our Intellectual Property

The Services are owned and operated by Peerio. The Services contain several trademarks, names, copyrights and other forms of intellectual property of great value to Peerio, the ownership and use of which are the exclusive property of Peerio. You acknowledge that all Content is protected by national and international copyrights, trademarks, service marks, patents, trade secrets, know-how or other proprietary rights and laws, all of which are owned by Peerio or our licensors.

Peerio or our licensors retain all rights to the Content found on the Services. Unless otherwise indicated, no one has permission to, in any form, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from (collectively, "Republish"), any Content except as is incidental to the ordinary use of the Services. Other than source code related to the Services hosted on Github (subject to the terms of the above open source licenses and Github’s terms of use), no material from the Services or any website owned, operated, licensed or controlled by Peerio may be Republished for any purpose without the express prior written consent of Peerio.

Systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without Peerio’s express written permission is prohibited.

It is forbidden to Republish said Content without the express permission of Peerio, and nothing contained in the Services shall be construed as conferring by implication or otherwise any license or right under any patent, trademark, copyright or other proprietary right. Except as we may expressly authorize, use of the Content is therefore strictly prohibited.

We may, at any time and without notice to you, terminate the privileges of any user who uses the Services to unlawfully transmit copyrighted material without a license, express consent, valid defense, fair dealing exemption or fair use exemption to do so.

12. Accuracy and Completeness

Peerio endeavors to provide current and accurate information and material about the Services, both on its website and through the Services. However, errors, inaccuracies, misprints, omissions or other errors may occur and Peerio reserves the right to make any corrections or changes in its discretion and without prior notice. Peerio does not warrant that the information and material available on the Services is accurate, reliable, complete or current.

13. Disclaimer

Your use of the services and site material is entirely at your own risk.

You expressly agree that all materials, information, software, products, services and other content contained on this site are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability, or fitness for a particular purpose, or the warranties stated in the civil code of Québec or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. Neither Peerio, nor our licensors, make any warranty that the site will be available at any particular time or location; that the site does not include any defects or errors and that any defects or errors will be corrected; that any files or other data you download from the site will be free of viruses or contamination or destructive features; that any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results; or that you will achieve successful results from following any instructions, directions or recommendations on the site.

14. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PEERIO, OUR DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OUR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM ANY ERRORS OR INFORMATION PROVIDED OR OMITTED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EXTRA CONTRACTUAL OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU AGREE THAT PEERIO HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION, CORRUPTION OR FAILURE TO STORE ANY MESSAGES OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICE. YOU ACKNOWLEDGE THAT PEERIO RESERVES THE RIGHT TO DELETE ACCOUNTS WITHOUT NOTICE TO YOU THAT ARE INACTIVE FOR AN EXTENDED PERIOD OF TIME.

PEERIO ASPIRES TO PRODUCE A SECURE SERVICE, WITH OPEN SOURCE SOFTWARE SO THAT THIRD PARTIES CAN ASSESS ITS SECURITY. WHILE WE ARE TAKING REASONABLE MEASURES TO MAKE THE SERVICES SECURE, NO TOOL CAN MAKE ABSOLUTE SECURITY GUARANTEES AND COMPLICATED SOFTWARE CAN CONTAIN UNKNOWN VULNERABILITIES. THE SERVICES ALSO DEPEND ON THE SECURITY OF UNDERLYING TECHNOLOGIES AND ALGORITHMS, WHICH WE, AS WELL AS INDEPENDENT THIRD PARTIES, BELIEVE ARE ROBUST AND SECURE. BECAUSE OF THIS, PEERIO MAKES NO WARRANTY THAT ANY SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, COMPLETELY SECURE OR ERROR-FREE. ANYONE USING THE SERVICES IS REQUIRED TO ASSESS THE SERVICES IN LIGHT OF THEIR OWN SECURITY AND RELIABILITY NEEDS AND CONDUCT THEMSELVES ACCORDINGLY.

15. Indemnification

You agree to defend, indemnify, and hold Peerio and our employees, agents, representatives, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees that arise from your use or misuse of the Services or Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

16. Links to Other Websites

Peerio is only responsible for information, sites and services under its direct control. Even if we link to or refer you to another provider’s content or services, you are entirely responsible for determining whether content or service is appropriate for you. Peerio does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. Peerio does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer.

17. Confidential or Exclusive Information

Peerio runs on open source software and we invite users and others to contribute to its development. By contributing ideas, software code and concepts to Peerio, you grant to Peerio the unlimited right to use such ideas, software code and concepts or any purpose whatsoever without any obligation or compensation to you. You also specifically waive any intellectual property rights in favour of Peerio, including moral rights. The rights granted to Peerio under this paragraph may be assigned by Peerio in connection with any sale of all or substantially all of the business associated with the Services.

18. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the province of Québec, Canada without giving effect to any principles of conflicts of law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Services shall be filed only in the provincial or federal courts located in the province of Québec, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
By choosing to access the Services from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. Peerio makes no representation that the information and material on the Services is appropriate or available for use in locations outside Canada, and accessing it from territories where their contents is illegal is prohibited. You may not use any information or material from the Services in violation of any applicable laws or regulations.

19. Privacy Policy


By using the Services, you also agree to be bound by Peerio's Privacy Policy.

20. Miscellaneous


If any provision of these Terms of Use should prove to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Peerio's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any right on its part. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, supersede all prior or contemporaneous communications and proposals between you and Peerio with respect to the Services, and shall not be modified except in writing. Section titles in the Terms of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.