Terms of Service

Last updated: June 12, 2019

The purposes of this agreement

1. Introduction:

We think video is so awesome and fun that it should be enjoyed properly by everyone who uses our service. Please read our terms of service to discover more.


This Agreement  (“Terms of Service” and/or “Agreement”) is entered into between Pexip AS (the owner and operator of the Pexip service and all Pexip branded products) , all of its subsidiaries and all of its parent companies (collectively referred to as “Pexip,” “we,” and/or “us”) and the individual or entity that accesses and/or uses the “Pexip Service” (defined herein) provided by Pexip, including without limitation, any employee, independent contractor, invitee or agent of such individual or entity whether or not a “subscriber” to the Pexip service, or if the services have been paid for by anyone (“User,” “you,” and/or “your”). 


This Agreement covers creating a registered Pexip account and the use of the “Pexip Service” (including Pexip branded products, subscriptions, and software downloads). This Agreement does not cover the terms for Pexip Infinity software application.

By accessing and / or using the service, you agree to comply with and be bound by this Agreement.

By creating your account, accessing and / or using the Pexip Service, you agree to comply with and be bound by this Agreement.

By creating your account, you represent that you have either: 

(i) Reached the age of "majority" where you live  

OR 
 
(ii) Have valid parental or legal guardian consent to be bound by this Agreement. 

If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create an account. If you are the parent or legal guardian of a minor that creates an account, you accept these Terms of Service on the minor’s behalf and are responsible for all use of the account or services, including purchases, whether the minor’s account is now open or created later.

By accessing and/or using the service you are agreeing to be bound by this Agreement. You are urged to read carefully this entire Agreement and print and retain a copy for your records. If you do not agree to all of the terms and conditions contained in this Agreement, you are not authorized to, and should not access or use, the services described.

 

2. Definitions Related to Your Account and Services

A. “Account”
The means by which Pexip authorizes access to the “Pexip service” (or "the service", defined herein) through the purchase of and/or establishment of future payment(s).

B. “Affiliate” 
Any direct or indirect parent or subsidiary of Pexip (whether wholly, majority, or minority-owned by the common owner), any Pexip officer, director, employee, reseller, distributor and / or joint venture partner.

C. “Agreement”
This “Terms of Service Agreement” together with other agreements defined herein.

D. “Conference”
A unique video conference session hosted and/or delivered through the service, and all data, packets, information, communication and/or material transmitted, copied, uploaded, transferred, controlled, downloaded, recorded, (whether or not recorded via functionality provided by the Pexip service, or any other installed or stand-alone device or medium) and / or otherwise associated with such unique videoconference session, including your “Content” (defined herein).

E. “Content”
Any data, packets, information, communication or other material that is transmitted, uploaded, transferred, controlled, downloaded, recorded or otherwise made available or existing in conjunction with the a Conference whether or not using your Login Information, including without limitation any and all documents, articles, transcripts, audio clips, caricatures, computer programs, designs, icons, illustrations, images, multimedia, photographs, sounds, text, video clips, “Personal Information” (defined herein), identities and likeness of “Persons” (defined herein), recordings, and any other spoken, written or electronic expressions or works.

F. “Person”
Any individual human being or legal entity.

G. “Personal Information”
Any information collected or maintained by Pexip that identifies or could be used to identify you and other Persons.

H. “Participant” 
Any Person who participates in a Conference.

I. “Presenter” 
Any Person who hosts a Conference and/or presents information to Participants.

J. “Privacy Notice” 
The Pexip Privacy Notice for the Pexip service that is in effect at any time during the life of this Agreement.

K. “Site”
The internet domain “https://pexip.com”, any sub-domains thereof and/or any successor websites owned and/or controlled by Pexip on behalf of the Pexip service.

L. “The Pexip Service” (Collectively)
The Site, conference(s), and software applications made available to you by Pexip as part of the Pexip service and Pexip branded products.

 

3. Use of Your Account by Others

If you intend to authorize employees and / or other Persons to use the Pexip service through your Account, you hereby agree to these Terms of Service whether or not you personally use the Pexip service, and you further agree to: 
  • Cause all other Persons who access the service through your account to comply with this Agreement
  • Pay all amounts due for the service used under your account

 

4. Non-Ownership of Services

Your use of the Pexip service is licensed and not sold to you solely for your use under the terms and conditions of this agreement and the license granted herein. Pexip retains all rights, titles, and interest relating to or embodied in the Pexip Service, including without limitation: all intellectual property rights, technology, know-how, and copies relating thereto. 

You hereby agree to promptly enter into any further agreements required by Pexip to legally or commercially document, perfect or retain such ownership, including without limitation, if applicable, ensuring that any of your employees and contractors do the same.

 

5. The Pexip Brand and Ownership of "Marks"

All brand names, product names, trade names, domain names, graphics, logos, service marks and trademarks relating to the Pexip Service (collectively, the “Marks”) are the property of Pexip or its Affiliates. 

Pexip and its Affiliates retain all rights, titles, and interest in and to the Marks, including all intellectual property rights. You may not remove from, add to, or alter any portion of the Marks, copyright notices or other proprietary rights or markings associated with the Pexip service. You are prohibited from using any of the Marks for any purpose without Pexip’s prior express written consent.

 

6. Licensing of Content

You hereby grant to Pexip, solely for the purpose of providing the Pexip service, a non-exclusive, worldwide, royalty-free, fully-paid, transferable license to host, cache, copy, display, transmit, upload, transfer, control, download, record and transmit certain types of content in connection with your use of the Pexip service.

Upon the expiration or other termination of this agreement, this license will immediately and automatically cease except to the extent that Content is stored or otherwise retained by Pexip pursuant to the Pexip Privacy Notice.

 

7. Content disclaimers

Pexip does not verify or endorse any content. Pexip does not represent or endorse the accuracy or reliability of any content. You acknowledge that any reliance by you upon any Content (whether yours or others) shall be at your sole risk. Any Content placed on the Site represents solely the views of the publisher of the Content and does not represent the views of Pexip. You are solely responsible for your Content including, if desired by you, the making and keeping of back-up copies of any or all Content.
 
Pexip bears no responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit or receive transmission of any Content (whether or not processed by the service), or the security, privacy, storage or transmission of other communications originating from any Conference or involving use of the Pexip Service.

 

8. User Representations, Warranties, and Covenants

With the knowledge and understanding that Pexip and its Affiliates will rely on the following representations, warranties, and covenants by you, which you will ensure remain true and correct at all times during the life of this Agreement, you hereby represent, warrant, and covenant that:

A. Use of Pexip Service
  1. You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder including, without limitation, having a valid license to use the applications that facilitate a Conference and/or generate Content.
  2. Your ability to access and use the Pexip Service may require the payment of third-party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or internet service provider fees and/or fees or taxes imposed on internet services, including any sales or use taxes by governmental agencies) and that Pexip shall not be responsible for paying any such fees, charges and taxes.
  3. To gain access to and use the Pexip service (other than to merely browse publicly-accessible areas of the Site), you will be required to provide an email address and to create a login and password (collectively, “login information”). You are solely responsible for all activity occurring under your login information. You must keep your login information confidential and must not share your login information with third parties
  4. Pexip has no obligation or responsibility with regard to your use, distribution, disclosure or management of login information.
    1. Notwithstanding the foregoing, Pexip may require you to change your login information if such login information is inconsistent with the terms of this Agreement.
    2. You agree that Pexip may act in reliance, without investigation, upon any of your login information.
    3. We will not be required to inquire into the truth or evaluate the merits of any of your login information or any statement or representation contained in any notice, document or other communication presented or otherwise transmitted by you.
    4. Any Person using your Login Information is conclusively deemed to have actual authority to engage in transactions using the service and, accordingly, all transactions made by a Person using your Login Information are hereby authorized and approved by you, and you hereby agree to indemnify, defend, and hold Pexip harmless from any claims or damages arising from or relating to any such transactions.
  5. You acknowledge and agree that your use of the service may require equipment and/or software that you may need to access or use the service, and that Pexip shall not provide or be responsible in any way for such equipment and/or software.

B. Content
  1. You are the owner or authorized user of all Content related to your use of the service.
  2. Unless you have all requisite rights to submit and use Personal Information and other Content in connection with a Conference (whether belonging to you, to another participant in a Conference, or any third party), you acknowledge and agree that you will not submit such Content or information to the Site or to otherwise use such Content in any manner that involves the Pexip service.
  3. You will not publish, post, upload, record, link to or otherwise distribute or transmit any Content that: 
    1. Infringes or violates, or would infringe or violate, any copyright, patent, trademark, service mark, trade name, trade secret, domain name or other intellectual property or proprietary right of Pexip or any other Person
    2. Infringes or violates any rights of publicity or privacy of any Person
    3. Violates any applicable law, statute, ordinance or regulation (including without limitation applicable laws and regulations concerning anti-discrimination, export controls, false advertising or unfair competition)
    4. Promotes, solicits, comprises or contains abusive, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, pornographic, profane, threatening, vulgar or otherwise inappropriate, objectionable or unlawful material
    5. Is harmful to minors
    6. Contains corrupted files, trojan horses, viruses, worms or any other similar data, programs or software that may damage, expropriate, intercept or interfere with any data, information, property or system of another Person or that may damage or interfere with the service
    7. Is materially false, misleading or inaccurate; advocates, assists, incites, instructs, promotes or otherwise encourages violence or any illegal activity
    8. Attempts to mislead others about your identity or the origin of any message or other communication, impersonates or otherwise misrepresents your affiliation with Pexip or any other Person, or is otherwise false, misleading or inaccurate
    9. Or contains information for which you do not have the right to permit Pexip to collect and process.

C. Legal Compliance
  1. You have the full power and authority to grant all licenses and other rights to third party property (including third party intellectual property) that are granted or required to be granted by you to Pexip and its Affiliates pursuant to this Agreement.
  2. You are solely responsible for your familiarity and compliance with any and all laws that may prohibit you from accessing or using any part or all of the Pexip service or from participating in any Conference or that may limit or regulate such participation or use.
  3. You agree not to use the Pexip service for any illegal purpose.
  4. You agree to comply with all applicable local, state, national and international laws and regulations, including without limitation laws relating to intercepting, monitoring or recording communications, privacy and data protection, and public displays or performances. You further agree that neither this Agreement nor any other right or remedy of Pexip requires Pexip to exercise any right or remedy in order to benefit or protect you or any other Person, although Pexip reserves the right to do so in its sole discretion.

D. Payments By You
The payment information supplied to Pexip by you (if applicable) is, and shall at all times during the life of this Agreement, be true, accurate and complete:
  • You agree that payments made by you to Pexip and Affiliates will be honored by the financial entity facilitating the payment on your behalf.
  • If any payment is not so honored, you remain liable for payment of all amounts due under this Agreement.
  • You acknowledge and agree that we may change our charges, fees and pricing for future renewals of the Pexip Service and that the cost of future renewals for the Pexip Service may increase.

E. Unauthorized Use
You acknowledge and agree that any unauthorized use, copying or distribution of the Pexip service is expressly prohibited by law and by this Agreement and may result in severe civil and criminal penalties against you. Violators will be prosecuted by Pexip to the maximum extent possible. Without limitation, you agree not to engage in any of the following unauthorized uses: 

  1. Attempt to gain unauthorized access to the Pexip service, or to other Accounts, computer systems or networks connected to the Pexip service, whether through hacking, password mining or any other means.
  2. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.
  3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Pexip service.
  4. Engage in any extraction of data or data fields, including without limitation email addresses.
  5. Disrupt, interfere with or inhibit any other Person's use and enjoyment of the Pexip service. 

  6. Violate the rights of Pexip or any third party, including
without limitation abuse, defame, defraud, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of Pexip or any third party.
  7. Use any Pexip-owned domain name as a false return email address.
  8. Use the Pexip or Pexip name to advertise, market or sell any type of goods or services or imply in any type of communication that Pexip or the Pexip service endorses or is associated with such goods and services unless Pexip has given its prior written consent for such activity.
  9. Access and/or use the Pexip service or any type of software or equipment that could in any manner damage, disable, overburden, impair or otherwise interfere with or disrupt the service, Pexip servers and/or any network connected to the service.

F. Contacts Interface
You acknowledge and agree that Pexip may obtain and record information about your contacts, your use of, and availability on the Pexip service at any given time, among other information

 

9. Updates and Amendments

Pexip may, at any time, amend the provisions of this Agreement. If you do not accept an amendment, this Agreement will terminate. This Agreement shall automatically incorporate and include any and all add-on components, amendments, features, modifications, supplements, updates and other functionality or messages related thereto, including without limitation alterations of availability, content, features, functionality, security, storage and other information relating to the Pexip service may provide or make available generally to its customers (collectively, “Updates”) subject to any additional terms and conditions, including any additional fees and costs, provided by Pexip applicable to such Updates. 
  1. You hereby authorize Pexip to automatically and in good faith transmit, access, install and otherwise provide Updates from time to time, without further notice to you or need for consent from you.
  2. Pexip has no obligation to, and nothing in this Agreement may be construed to require Pexip to, create, provide or install Updates to the Pexip service. Your access and use of the service will always be subject to the most current versions of these Terms of Service and the Privacy Notice, as well as any and all rules and guidelines posted on the Site at the time of such use.
  3. You agree to regularly check the “Terms of Service” and “Privacy” links on the Site to view the current Terms of Service and Privacy Notice being used.
  4. Notwithstanding anything in this Agreement to the contrary, if Pexip posts amendments to the Terms of Service on the Site, such terms will automatically become effective, shall be incorporated into this Agreement immediately, and where inconsistent with any other terms and conditions of this Agreement shall supersede any such conflicting terms or conditions.
  5. By using the Pexip service after such revised terms are posted, you agree to be bound by any such revised terms at the effective time.

 

10. Communications and Personal Data

You acknowledge and agree that the Pexip service is conducted and provided by Pexip electronically, through the internet, and that Pexip cannot guarantee the security or privacy of any electronic communications in which you participate.

A. Privacy Notice
  1. You acknowledge that you have accessed and read the Privacy Notice, and that it is a part of this Agreement.
  2. If there is any conflict between the terms of the Privacy Notice and the terms of this Agreement, the terms of this Agreement shall control.
  3. You agree to regularly check the “Privacy” link on the home page of the Site to view the current Privacy Notice being used.
  4. You acknowledge and agree that Pexip may receive, share and transfer information arising from your use of the Pexip service (including without limitation Personal Information), whether arising from Conferences or otherwise, with relevant service providers such as telecommunications providers and with government entities.
  5. You agree that Pexip shall bear no liability to you for any such receipt, sharing or transfer.
B. Disclosure of Personal Information
Except as otherwise stated in the Privacy Notice or elsewhere in this Agreement, Pexip will not share your Personal Information with any third party. However, Pexip, at its sole discretion, may (but has no obligation to) monitor or review your access and use of the service at any time.
  1. Pexip may at any time without notice and in its sole discretion terminate access to, or use of, any area of the Site where information is posted or submitted, or may disclose any information related to your access to and use of the Pexip service or the substance of any of your posted or submitted information as Pexip deems necessary, including without limitation to comply with applicable law, regulation, legal process or governmental request.
  2. You agree to use extra care when disclosing any Personal Information about yourself or your organization in any Conference or when posting or otherwise submitting any information to the Site or in any Conference, including Personal Information.
  3. All required registration information that you provide to Pexip must be current, complete, and accurate and must be kept up to date with Pexip on a prompt, timely basis.
  4. If your use of and access to the Pexip service includes password-restricted access to your sensitive information (such as, for example, customer lists and contractual terms), then by accessing or using the service and setting up an Account, you accept to the display and storage of such information by Pexip and accept all risks of unauthorized access to such information.
C. Compliance with Privacy Regulations 
The Pexip service may allow you to record conferences and to collect and utilize identifying information about you and other Conference Participants, including without limitation, Personal Information such as a likeness, name or voice that is displayed, processed, stored and/or transmitted as part of a Conference. The laws of some jurisdictions require the giving of notice to, or receipt of consent from, individuals prior to intercepting, monitoring and/or recording their communications. In addition, the laws of some jurisdictions restrict collection, storage and use of Personal Information.
  1. You agree to comply with all applicable laws, to obtain all necessary consents, and to make all necessary disclosures before using the Pexip service, including without limitation when using the recording feature.
  2. You acknowledge that any or all of your Content may be recorded and transmitted by other users in a Conference or with whom you otherwise communicate.
  3. When you participate in a Conference, you are solely responsible for your position in the entire field of view of your camera and any information about you that is visible to any other Conference participant that may or may not be recorded, transmitted and/or stored by that participant and/or by Pexip by any method or means as a result of your participation in a Conference.
  4. Whether as a host, participant or otherwise, you are solely responsible for, and shall indemnify Pexip and its Affiliates for your access to and use of any third party data and information including Personal Information that is communicated in a Conference or that you otherwise have access to through your use of the service.
  5. Locations of Data Centers Use to Operate the Pexip Service
  6. Personal Information and Content may be transferred, stored and/or processed in multiple locations in which Pexip or its Affiliates maintain facilities.
  7. By using the Pexip service, you accept to any such transfer, processing and storage of Personal Information outside of your location of citizenship and/or residence.
E. Regulated Access 
The Pexip service may not be available in certain locations and to certain Persons in order to comply with applicable laws and regulations. 
  1. Pexip reserves the right, in its sole discretion, to deny access to the Pexip service at any time and for any reason whatsoever, including without limitation to comply with applicable law.

 

11. Restrictions on Use

You are prohibited from reselling or acting as agent for any component of the Pexip service without Pexip’s prior express written consent.

You agree not to:
  • Decompile, disassemble, reverse engineer, translate or otherwise attempt to learn the source code or technological know-how of any component of the service
  • Create, assign, copy, deliver, distribute, lease, loan, modify, pledge, rent, sell, sublicense, timeshare, create derivative works of or otherwise transfer, directly or indirectly, any portion of the service or any rights thereto. 

A. Export Control Laws
  1. You acknowledge that some laws and regulations in various locations restrict the export and re-export of certain technical data relative to their origin.
  2. Without limiting the foregoing, you acknowledge that your Content may be
subject to controls by various regulatory agencies around the world.
  3. You agree that you are solely responsible for avoiding any actions that may be deemed to be violations of such laws and regulations, and that Pexip shall bear no responsibility or liability for any such violations committed by you in connection with your use of the service.

B. Hazardous Environments & High Risk Activities
  1. The Pexip Service is not designed for use in connection with any hazardous or high risk activity or any circumstances requiring fail-safe performance or controls, including without limitation:
    1. The operation of nuclear facilities
    2. Aircraft navigation or communication systems; air traffic control; medical care, surgery or life support machines, rescue or emergency situations
    3. Weapons systems or any other environment or situation in which the failure of a Conference or of the service could, directly or indirectly, lead to death, personal injury or material property damage.
  2. You acknowledge and agree that any use of the Pexip service by you and/or at your instruction (whether express or implied) in connection with any activity or circumstances deemed by Pexip to be hazardous or high-risk shall be done solely and wholly at your own risk.
C. Links to Third Party Sites
The Site may include links that will take you to other websites (collectively, “Linked Sites”). The Linked Sites are provided by Pexip to you as a convenience, and the inclusion of such links does not imply any endorsement by Pexip or the Pexip service of any Linked Sites.
  1. Pexip has no control over the Linked Sites.
  2. Neither Pexip nor its Affiliates are, and under no circumstances shall be, responsible for any content, product or service of any Linked Sites.
  3. You acknowledge and agree that your visits to any of the Linked Sites shall be made solely at your own risk.
  4. You acknowledge and agree that Pexip is not responsible for the content of any Linked Sites, any link contained in any Linked Sites, and any changes or updates to Linked Sites.
  5. You further acknowledge and agree that Pexip is not responsible for any form of transmission received from any Linked Sites.
D. Copyright Infringement
Pexip will, in appropriate circumstances as determined in its sole discretion, terminate this Agreement (including the License and other rights granted to you herein) if you infringe the intellectual property rights of others. Pexip may, in its sole discretion, investigate notices of copyright infringement and take appropriate actions.
  1. If you believe that any work of authorship has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring in connection with the service, please provide us with all of the following information:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
    2. A description of the copyrighted work that you claim has been infringed
    3. A description of what Conference the claimed infringing material is related to
    4. Your address, telephone number, and email address
    5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
    6. A written statement by you, made under penalty of perjury, that the above-described information in such notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf
E. Investigations
Pexip does not generally monitor activity occurring in connection with the Pexip service. However, if Pexip becomes aware of any actual or possible violations by you of any provision of this Agreement Pexip reserves the right to investigate such actual or possible violations and Pexip may, at its sole discretion, immediately terminate this Agreement with you, or may change, alter or remove Content, in whole or in part, without prior notice to you. 
  1. If, as a result of any such investigation, Pexip believes that criminal activity has occurred or is occurring, Pexip reserves the right to refer the matter to, and cooperate with, applicable law enforcement authorities. In connection with any such investigation, Pexip is entitled to disclose to law enforcement or other government officials, as Pexip in its sole discretion believes to be necessary or appropriate, any information that is in our possession resulting from your use of the Pexip service, including without limitation Personal Information (except to the extent prohibited by applicable law).
F. Identifying Numbers and URI 
  1. Any type of identifying number, user name, “domain” name, “address,” and/or unique resource indicator (“URI”) provided to you to be used with the Pexip service is leased and not sold.
  2. The URI may only be used with the Pexip service and may not be transferred to or used in connection with any other service.
  3. Pexip has the right to accept, change, delete or modify any URI without notice.
  4. The URI will be made searchable for all users, unless explicitly agreed in writing between you and Pexip.
  5. Upon expiration, cancellation or termination of the service, you shall discontinue use of the URI and any video numbers and/or internet portals previously assigned to you for use with the service.

 

12. Fair Usage Policy

Pexip will, in appropriate circumstances, and as determined at its sole discretion, define some product- or service-specific fair usage policies. This is to set important permissions, restrictions, and Pexip rights for your usage of the products or services listed below:

 
A. Enterprise User License and Enterprise Wide Agreement (“EUL”)
  1. The EUL is intended as a personal or team named license and is intended to be used for business purposes.
  2. The named user should be a participant in all calls associated with his/her account.
  3. The purchase and reasonable use of an EUL as a shared resource (like a team room), are permissible.
  4. No single “personal room” or “team room” meeting shall include more than 50 concurrent calls. 
  5. No re-sale: The EUL is for a single enterprise only and cannot, under any circumstances, be sold, leased, forwarded, or in any way be extended to a third party.
  6. For a personal or team account, when activating and using a one-time room/one-time meeting as part of the named personal or team account:
    1. An account host is limited to hosting one (1) active meeting at a time
    2. It is not permissible to host two simultaneous meetings as part of the same named personal or team account
  7. Use of the EUL that is inconsistent with these Fair Usage terms may result in the suspension or termination of the license. 

B. “CVI Service for Microsoft Teams” and “Google Interop”

  1. Each license is intended for one concurrent call.
  2. If the number of concurrent calls per month exceeds the total number of licenses purchased, Pexip reserves the right to charge for burst capacity for the calls being used or renegotiate the agreement of purchased licenses.
  3. The services are enabled per region (Americas, EMEA, ANZ, APAC excluding China). If your usage exceeds 5% of total purchased licenses outside the region you currently have enabled, Pexip reserves the right to charge for burst capacity for the calls being used or renegotiate the agreement of purchased licenses

 

13. Disclaimer of Warranties

The Pexip service is provided “as-is” on an as-available basis, “with all faults”, and without any warranty of any kind, other than as described by Pexip under the terms of this agreement: 

  1. To the fullest extent permitted by applicable law, Pexip hereby disclaims all other warranties of any kind regarding the Pexip service, whether express, implied or statutory, including without limitation any warranty of merchantability, fitness for any particular purpose, compatibility, workmanlike effort, accuracy, availability, and/or non-negligent performance. 
  2. The Pexip service is a business product, the application of which is commercial rather than consumer-oriented in nature. In accepting this Agreement, you recognize, to the maximum extent permitted by applicable law that consumer protection laws do not apply to your use of the service nor to any of the transactions contemplated by and consummated pursuant to this Agreement.
  3. This Agreement gives you specific legal rights. You may also have other legal rights that vary from location to location. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the limitations contained in this Agreement may not apply to you

 

14. Limitations of Liability

A. Personal Liability
  1. Your use of the service is entirely at your own risk. The use of the Pexip service and the downloading or other use of any information or materials therefrom shall be done solely at your own discretion and risk and with your understanding that you will be solely responsible for any damage to your computer system or any loss of data or any other harm that results from such activities.
  2. Pexip will not be liable for any loss that you may incur as
a result of someone else using your login Information, either with or without
your knowledge.
  3. Pexip bears no liability for any failure that arises out of your use of the service with any hardware configuration, platform, or operating system, including without limitation, any failure related to, or arising from, your inability to connect to or to access the Site, Software, or the service, due to problems related to your computer hardware, any software program, network, your internet service provider or any other similar problem. 
B. Use of Content 
  1. You agree that neither Pexip nor any of its Affiliates shall be liable for any Content or the access, recording, storage or other use by Pexip thereof, including without limitation:
    • Any Content that is sent, received, held, released or otherwise connected in any respect to the Pexip service
    • Any Content that is sent but not received
    • Any access to or alteration of Content by you or any other Person
    • Any Content sent using, or included in, the service
    • Any defamatory, illegal, obscene, offensive or threatening content
    • The conduct of you or anyone else in using the service
    • Any infringement of another Person's rights, including without limitation rights of privacy, intellectual property or data protection

 

C. Personal Data Third-Party
Pexip has no control over, and shall have no liability for, whether and in what manner, any Participant using your Personal Data in a Conference or otherwise.

 

D. Third-Party Providers
  1. Pexip offers no guarantees and assumes no responsibility or liability of any kind with respect to third-party services, including without limitation any liability resulting from incompatibility between the service and any third-party services.
  2. You agree that you will not hold Pexip or any Affiliate responsible or liable for any matter caused by or related to services provided by any third-party

E. Errors
The Pexip Service may include technical mistakes, interruptions, inaccuracies and/or typographical errors.

F. Force Majeure

  1. Pexip will not be liable for any non-performance or delay in performance
caused by any event reasonably beyond the control of Pexip or the Pexip service including without limitation:
    1. Accidents which could not be reasonably prevented or expected
    2. "Acts of God", including earthquakes, fires, and flooding
    3. Acts of government
    4. Activities of hackers
    5. Civil disturbance, riots
    6. Embargos
    7. Floods
    8. National emergencies, armed conflict or hostilities
    9. Malicious conduct from third-parties
    10. Service outages resulting in failures of equipment, telecommunications, power failures, or network failures or failures of third-party service providers (including providers of internet services and telecommunications)
G. Damages
Except as where otherwise required by applicable law, you agree that you will not be entitled to any damages under or pursuant to this Agreement except for the direct monetary damages actually incurred and proven by you in reasonable reliance upon use of the Pexip service, and that such proven damages shall be limited to the amount you actually paid for the service during the three month period prior to the event giving rise to your claim. 
Without limiting the foregoing, you agree that the following damages are expressly excluded:
  1. Any and all indirect, special, incidental, punitive and consequential damages.
  2. Any and all damages for: loss of confidential or other information (including without limitation Personal Information); business interruption; personal injury; loss of privacy; loss of profits; emotional distress; and failure to meet any duty of good faith or reasonable care.
  3. Any and all damages resulting from your inability to use the service or to access data, information (including without limitation Personal Information) or Content
  4. Any and all damages for any other claim arising out of or in connection with:
    1. Statements or actions of any third-party on or via the service
    2. Any dealings with vendors or other third parties
    3. Any unauthorized access to or alteration of your transmissions, materials, information (including without limitation Personal Information) or other data
    4. Any information that is sent or received or that is not sent or not received
    5. Any failure to store, or loss of, data, files, materials or other Content
    6. Any access to or use of the service that is delayed or interrupted
    7. Any Linked Sites
    8. Your access to or use of, or inability to access or use, any Linked Sites
  5. Any and all damages based on any theory of legal liability including statute, breach of contract, breach of warranty, tort (including negligence), product liability, negligent misrepresentation or otherwise, even if Pexip or its Affiliates have been advised of the possibility of such damages and even if a remedy set forth in this Agreement is found to have failed of its essential purpose.
  6. Any and all damages arising out of, related to, or based upon your inability to connect to or to access the service due to problems related to your equipment, any software, your internet service and/or any other similar problem out of Pexip’s control.
  7. Any and all damages for any pecuniary loss whatsoever.

 

15. Indemnification and General Release

You hereby agree to release Pexip and Affiliates from any and all claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected with:

  • Your use of the Pexip service for any other purpose whether or not contemplated or permitted by this Agreement;
  • From any transaction, event, occurrence, injury or other damage arising from or related to any Conference you participate in and any Content in any such Conference.

You hereby also agree to defend, indemnify and hold Pexip and its Affiliates blameless from and against any and all claims, liabilities, damages, and costs (including without limitation fees, costs and expenses of attorneys) arising out of or related to:

  1. Use of or access to the service by you or by any Person using your Login Information, whether or not such use was authorized by you.
  2. Any actual or alleged violation of this Agreement or applicable law by you or by any Person using your login Information, whether or not such use was authorized by you.
  3. Any actual or alleged infringement of any intellectual property, proprietary information, violation of privacy or other rights by you or by any Person using your login Information, whether or not such use was authorized by you.
  4. Any recordings made by you of the communications, likeness, name, voice or other Personal Information of Conference attendees or any other users of the service.
  5. Any claims or allegations for product liability, unsuitability or lack of fitness for a particular purpose, or any other claims or allegations arising out of or related to the use of the service.
  6. Any disputes between you and any other participant in a Conference or the Service.
  7. Your negligence or willful misconduct.

 

 

16. Regulated Access and Termination

The Pexip service may not be available in certain locations and to certain Persons in order to comply with applicable laws and regulations.

  1. Pexip reserves the right, at its sole discretion, to deny access to the Pexip service at any time, and for any reason whatsoever, including without limitation, to comply with applicable law.
  2. Pexip may, at any time, and without notice, and at its sole discretion, terminate access to, or use of, any area of the Site where information is posted or submitted, or may disclose any information related to your access to and use of, the Pexip service, or the substance of any of your posted or submitted information, as Pexip deems necessary, including without limitation, to comply with applicable law, regulation, legal process, or governmental request.
  3. Pexip may terminate this Agreement (including the License and other rights granted to you herein) with one month's notice without cause. If you are in breach of this Agreement or the Privacy Notice, Pexip may, at its sole discretion, terminate your access to or use of, the Pexip Service, without prior notice

 

17. Dispute Resolution

To the extent permitted under applicable law, any claim, dispute or controversy, whether in contract, tort or otherwise, whether pre-existing, present or future, including statutory, consumer protection, common law, intentional tort and/or equitable claims by you against Pexip, its agents, employees, principals, successors, assigns and/or Affiliates arising from or relating to this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), shall be resolved exclusively and finally by binding Arbitration administered by the International Chamber of Commerce under its Commercial Rules before a single Arbitrator.

  1. The venue of the Arbitration proceeding shall be Oslo, Norway or such other venue to which the parties may agree in writing.
  2. The Arbitrator shall be empowered to grant whatever relief would be available in a court of competent jurisdiction under law or in equity.
  3. Any Award of the Arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
  4. The Arbitrator may grant reasonable attorney and/or other fees to the prevailing party.
  5. You acknowledge and agree that separate from any Arbitration proceeding, Pexip may also seek injunctive or equitable relief in a Court of competent jurisdiction to prevent irreparable injury to it, its Marks, and/or other intellectual property, and in such proceeding, you consent to the jurisdiction of such a Court.
  6. You hereby acknowledge that you are giving up rights to litigate claims in a court or before a jury with respect to any dispute under this Agreement, to the extent permitted by applicable law. Other rights that may have been available if the dispute went to court, such as access to discovery, may also be unavailable or may be limited in arbitration

 

18. Notices and Miscellaneous

A. Notices 
  1. Notices to You. Pexip will provide any communication to each other under this Agreement as follows: notice shall be sent to you via either:
    1. Electronic means to the email address associated with your Account and shall be deemed delivered when sent by Pexip
    2. By hard copy first class mail to the address contained in your login Information and shall be deemed delivered five calendar days after mailing
  2. Notices to Pexip. Except where an electronic notice to Pexip is expressly permitted by this Agreement, notice shall be sent to Pexip addressed to the principal place of business indicated on the Site, to the attention of the President, via either:
    1. Postal mail, signature required and return receipt requested
    2. Overnight courier with delivery signature required. Any notice sent by you shall be deemed delivered when actually received and signed for by an authorized representative of Pexip.
B. Governing Law 
This Agreement shall be construed in accordance with, and governed by the laws of the jurisdiction in which the Service are used.

C. Reservation of Rights
Pexip reserves all rights not expressly granted in this Agreement.

D. Invalidation of the Agreement
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in full force and effect.

E. No Waiver
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless expressly agreed to by Pexip in a non-electronic writing manually signed by a duly authorized officer of Pexip.

F. Legal Authority
If you are an individual and are entering into this Agreement on behalf of a legal entity, you represent and warrant that you have due authorization from the governing body of such entity to enter into this Agreement and to bind such entity to all of the terms and conditions of this Agreement.

G. Headings
The headings of the sections and subsections in this Agreement are provided for convenience only and may not be deemed to affect its construction or interpretation.

H. Entire Agreement
This Agreement constitutes the entire agreement and understanding between Pexip and you with respect to the Pexip service and supersedes all other prior or contemporaneous communications, agreements, understandings and proposals, whether written, oral, electronic or non-electronic, between Pexip and you regarding its subject matter.

[Back to top]