PEERGOS TERMS OF USE

Version 0.3 dated 2nd Feb 2022

This only applies to accounts created and hosted on https://peergos.net. If you have any questions email legal at peergos.org. If this is a Peergos server running on another domain then contact the domain operator for terms.

1. PARTIES

This is a legally binding agreement between you and Peergos Limited (UK company number 11420293, 20-22 Wenlock Road, London N1 7GU, UK).

2. ACCEPTANCE OF TERMS

These terms govern your use of Peergos. In order to register for a Peergos account, you must accept these terms. Peergos may update these terms at any time by publishing a new version to our website. If you continue to use Peergos after a new version has been published, you will be bound by those updated terms.

3. DESCRIPTION OF SERVICE

This service provides access to an encrypted storage platform ("Peergos"). Peergos contains a number of limitations that you must acknowledge and accept in order to use it:

3.1 Peergos is under active development. Features may be added, changed or removed without warning.
3.2 Peergos may contain defects and bugs, which may impair your use of Peergos, and the integrity and security of your or others' Data.
3.3 Data stored in Peergos may not be retrievable or may be corrupt. You should keep a local backup of any Data stored using Peergos.
3.4 All Peergos users have an account quota of 200 MiB (the "Basic Quota"), unless you are a Peergos Pro user, in which case your account quota will be defined as in section 8.

4. YOUR RESPONSIBILITIES

4.1 In order to use Peergos, you must:
1. Be an adult who is legally capable of agreeing to these terms;
2. Be able to use Peergos lawfully, and only engage in lawful use of Peergos, in the territory from which you are accessing it;
3. Always act in accordance with the acceptable usage policy set out in clause 5 of these terms;
4. Respect the rights and freedoms of other Peergos users; and
5. Give us all necessary rights, licences and permissions in order to encrypt, store, transmit and make available any Data that you provide to us or to any Peergos storage node, solely for the purpose of Hosting your Data on Peergos (including, if you so authorise, making your Data available to other users in receipt of a public sharing link).
4.2 You are solely responsible for the Data you choose to store using Peergos. If you choose to share any Data with others, you are also solely responsible for doing so. You must ensure that any Data uploaded to any Peergos storage node are lawful, and that any sharing or making available of that Data is also lawful.
4.3 Peergos does not control any Data which are Hosted using Peergos. We cannot guarantee the accuracy, integrity or quality of such Data. We also cannot control what other Peergos users may choose to Host using Peergos. Under no circumstances will Peergos be liable for any reason for the existence or content of any Data on Peergos.
4.4 You are solely responsible for choosing and storing your username and password, which are used to derive your root key-pairs and root symmetric key for Peergos. This includes choosing secure credentials. Passwords cannot be recovered. We are unable to retrieve your private key if you lose access to your account, and you will lose access to all your Data if you forget your password.

5. ACCEPTABLE USAGE POLICY

This policy applies to all materials uploaded to Peergos (including text, files, software, graphics or any other information stored in any form) ("Data"), whether you store those materials privately for your own use or choose to share them with others. You must not use Peergos to:

5.1 upload, post, email, encrypt, decrypt, share, transmit or otherwise make available (together, "Host") any Data that is hate speech, abusive or harassing, tortious, defamatory, obscene, invades another's privacy, or otherwise unlawful whether under UK law or in the territory where you are domiciled, or at which your Data is targeted;
5.2 impersonate or pass yourself off as any person or connected with any person;
5.3 forge metadata or Data in order to disguise the origin of any Data stored or transmitted using Peergos;
5.4 Host any Data that you do not have a right to reproduce, keep and make available under any law (including copyright) or which would be in breach of your contractual or other obligations;
5.5 Host any Data that infringes any patent, trade mark, trade secret, copyright or other rights of anyone else;
5.6 Host any Data that contains, or is used for the purpose of sending, unsolicited commercial communications;
5.7 Host any Data that contains malicious or otherwise harmful computer code, files or programs whose sole or dominant purpose is to interrupt, covertly monitor, or interfere with the functionality of any computer system, network or software;
5.8 Host any Data in excess of your basic Quota (or if you are a Peergos Pro user, your Premium Quota);
5.9 act in any way which aims, or which has the effect of, impairing or interfering with the functioning of Peergos or any of its constituent systems, storage nodes, networks or devices;
5.10 use Peergos to breach any policies or regulations applicable to your local or internet connection, or any other network connected to Peergos;
5.11 violate any applicable local, state, national or international law;
5.12 stalk or harass another person; and/or
5.13 process personal data about others save with their consent, or otherwise in accordance with applicable data protection legislation.

6. OUR RIGHTS AND OBLIGATIONS

6.1 We cannot pre-approve, moderate or monitor Data that is Hosted on Peergos, because it is encrypted. We also cannot access or remove specific Data (such as files), because they are encrypted and only you possess the private key. However, if we receive a complaint about your Data, to evaluate that complaint may require you to grant us access to the relevant Data, and you agree to comply with our reasonable requests to do so upon notice to you.
6.2 We have the right (but not the obligation) to remove or disable access to any user account whose use in our sole discretion we consider violates these terms, and to take any other step we may consider necessary to enforce these terms, including to prevent or stop any unlawful activity using Peergos.
6.3 You acknowledge that Peergos may be required to access, preserve and disclose your account information in accordance with a valid court order or to comply with the requirements of UK law.

7. INDEMNITY

7.1 You bear all risks associated with the Hosting and use of any Data on Peergos, including any reliance on the existence or contents of such Data.
7.2 You agree to indemnify and hold Peergos and its directors, subsidiaries, related bodies corporate, agents, employees, developers, partners and licensors (together "Peergos Parties") harmless from any claim or demand, including legal costs, made by any third party due to or arising out of (i) Data that you Host or cause to be Hosted on Peergos, (ii) your connection to or use of Peergos, (iii) your breach of these terms, and (iv) your infringement of the rights of any other person.
7.3 The indemnity contained in clause 7.2 is intended to be for the benefit of each of the Peergos Parties and that term may be enforced by them directly under the Contracts (Rights of Third Parties) Act 1999 (UK) or equivalent laws.

8. PEERGOS PRO SUBSCRIPTIONS AND PAYMENTS

Peergos users may register for the paid Peergos service ("Peergos Pro") which entitles subscribing users, for the term of your subscription and subject to these terms, to the features and benefits described from time to time on https://peergos.net/pro.html. The following additional terms apply to Peergos Pro subscribers:

8.1 You may subscribe to Peergos Pro on a monthly basis, and you agree to be charged the applicable subscription fee in advance upon the commencement of your subscription.
8.2 If you choose to cancel your Peergos Pro subscription, you will be charged for the remainder of your monthly subscription and will continue to have access to Peergos Pro until your subscription expires.
8.3 While your Peergos Pro subscription remains active, your Basic Quota will be increased by the quota applicable to your selected Peergos Pro subscription tier ("Pro Quota").
8.4 We may modify, suspend, or discontinue Peergos Pro or any of the services provided as part of your subscription (or make them part of the free service) at any time without prior notice. However, if within 14 days of such changes being notified you tell us that you wish to cancel your Peergos Pro subscription, we may offer you a pro rata refund of any unused period of your subscription.
8.5 By subscribing to Peergos Pro for your selected subscription term, you authorise us (and our payment provider, Stripe, and its affiliates) to charge your selected payment method the applicable Peergos Pro subscription fee. Your subscription will renew automatically unless and until cancelled by you, subject to section 9 of these terms, and your authorisation includes payment of such renewals.
8.6 If your payment is declined, we may suspend and/or limit your Peergos Pro account and, if not remedied within [30] days, it will be reverted to a Basic Quota account in accordance with clause 9.4 below.
8.7 If you cancel the renewal of your Peergos Pro subscription during your monthly subscription term, you will continue to have access to your Premium Quota (and any other features of Peergos Pro) until the expiry of your existing subscription. Upon expiry, your Pro Quota will revert to the Basic Quota.
8.8 It is your responsibility to ensure that the Data which is Hosted in your account is within your applicable Pro Quota. If you do not renew your Peergos Pro subscription, or reduce the selected subscription tier, it is your responsibility to delete any Data necessary in order to reduce your account to the Basic Quota (or any lesser Pro Quota, as applicable).
8.9 If your Peergos Pro account is terminated or suspended for breach of these terms (or otherwise in accordance with clauses 9.1 to 9.4 of these terms) you will not be refunded any unused portion of your subscription term.
8.10 We are not obliged to issue a refund if your payment details are declined, frozen or suspected not to be genuine, or if our payment provider (Stripe) does not allow it.
8.11 If any payment is declined, charged back, disputed or refunded by a third party card issuer or payment provider and this causes us to incur any liability (whether as a result of a payment reversal, return, surcharge, fine or otherwise), you authorise us to charge that fee to your Peergos Pro account.
8.12 You will be responsible for meeting any transaction fees (such as currency conversion).
8.13 By making or authorising a payment to Peergos, you are authorising Stripe and its affiliates to process that payment on our behalf using your selected payment method. You should read Stripe’s privacy policy [https://stripe.com/gb/privacy] and our summary of the data that we transmit to Stripe to process your payment.
8.14 Unless otherwise stated, all fees exclude tax. You are solely responsible for determining and paying any applicable taxes.

9. TERMINATION

You can stop using Peergos at any time. We may disable or terminate your access to Peergos in our sole discretion if we consider that:

9.1 you have breached these terms;
9.2 your use of Peergos is or is likely to cause a substantial risk of harm to others or to the security or integrity of Peergos itself;
9.3 a UK law enforcement body or court order has requested the termination or suspension of your account in a manner prescribed by law;
9.4 you have signed up to Peergos Pro but your account has outstanding charges which remain unpaid after 30 days’ notice, in which case we may (in our sole discretion) remove or suspend your account, or truncate any Data in your account to fit within the basic Quota.

We will use our best endeavours to give you advance warning of account termination, unless doing so would be contrary to our legal obligations or if you have committed a material breach of these terms. If we or you terminate your user account, you will permanently lose all Data which are Hosted on Peergos.
We may in our sole discretion cease operating Peergos at any time. We will use our best endeavours to give you advance warning and an opportunity to export your data if this occurs.

10. EXCLUSION AND LIMITATION OF LIABILITY

10.1 The terms of this clause 10 apply to you insofar as we are allowed exclude or limit our liability to you, or with any necessary amendments to do so.
10.2 Your use of Peergos is at your sole risk. Peergos is provided on an "as is" and "as available" basis. Peergos and the Peergos Parties exclude all warranties of any kind, express or implied, to the maximum extent permitted by law.
10.3 Peergos and the Peergos Parties will not be liable to you for any loss or damage (whether direct, indirect, consequential or otherwise), including any damages for loss of profits, goodwill, business interruption, Data, economic and non-economic loss, distress or disappointment, which is caused by Peergos (even if such loss or damage is caused by our negligence).
10.4 If, despite the previous exclusions, we are liable to you for any reason, you agree that under no circumstances will we be liable to pay you any amount which exceeds £100.

11. NOTIFICATIONS CONCERNING USER CONTENT

11.1 Peergos respects the rights of others, and we ask our users to do the same. Peergos may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who are alleged to be repeat infringers of third parties' rights (including copyright). If you are the owner or exclusive licensee of a relevant right and you believe that your right has been infringed by a Peergos user, please provide a sufficiently detailed notice of infringement to us, from which details of the alleged unlawful activity or information are apparent (to include, at a minimum: (i) the URL of the relevant Data; (ii) a description of the allegedly unlawful Data; (iii) the associated account username; (iv) a description of the rights or laws claimed to be infringed; and (v) confirmation of your right to bring a complaint). Such notices may be sent to the following address: Peergos Ltd, 20-22 Wenlock Road, London, N1 7GU, UK.
11.2 Upon receipt of a valid notice under clause 11.1, we will use reasonable endeavours first to contact the Peergos user to whom the complaint relates and provide a reasonable opportunity for them to respond. If they fail to respond expeditiously, we may proceed to remove or disable access to the user account in question.
11.3 Peergos is an information society service provider that provides hosting services within the meaning of Article 14 of Directive 2000/31/EC and regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002 (UK). As such, we will act expeditiously to remove any unlawful Data which is notified to us, provided that a valid complaint has been made, subject to clause 11.2 above.

12. GENERAL

12.1 These terms are the entire agreement between us in relation to Peergos, and supersedes any prior agreements or understandings between us.
12.2 These terms are governed by the laws of the UK (excluding its conflict of laws rules). You agree to submit to the exclusive jurisdiction of the courts of England and Wales.
12.3 Before bringing any claim of any nature against us, you agree to submit full details of your claim in writing and to enter into a confidential dispute resolution process. Only if we cannot resolve the dispute within a reasonable period (to be no less than 30 days) may you bring a formal proceeding, save in cases of urgent interim relief.
12.4 Our failure to enforce any right we have under these terms is not intended to waive that right, unless we do so expressly in writing and refer to a specific term.
12.5 If any part of these terms is found by a court of competent jurisdiction to be invalid, the court will give maximum possible effect to the parties' intentions expressed in the relevant part, and the other parts of these terms will be unaffected.

13. CHANGES TO PEERGOS AND THESE TERMS

13.1 We may change the Peergos service at any time without warning. This may include altering, adding or removing features from Peergos or Peergos Pro. Where it is necessary to remove features, we will try to give you advance warning, but this may not always be possible (for example, to address a security vulnerability).
13.1 From time to time we may make available different terms and tiers for Peergos Pro, and may change their associated subscription fees.
13.1 We may amend these terms at any time. We will do our best to give you reasonable notice of any amendments. If you continue using Peergos after the amendments are published, you will be taken to agree to the amended terms.