Hushkeys Terms of Service

Last revised: 15th June 2017

These terms of service (“Terms”) apply to your use of our Hushkeys platform and services (“Services”) through our website www.hushkeys.com and our online and mobile device apps (together, our “App”).

Please read these Terms carefully. By using our Services you are agreeing to be legally bound by these Terms. If you do not wish to be bound by these Terms, please do not use our Services.

We may change or update these Terms from time to time by posting the new version on our App. Our updated Terms will apply to all future Services from the date on which we post them on our App. Please therefore check these Terms when you access or use our Services.

1. About us and how to contact us

1.1. Hushkeys is owned, developed and operated by Netiqet Labs Ltd (“we”), a company registered in England and Wales. Our company registration number is 09545220 and our registered office is at 20-22 Wenlock Road, London, England, N1 7GU.

1.2. If you have any questions about these Terms, our App or our Services please contact us at hello@hushkeys.com

2. Services

2.3. You must be at least 13 years old to create a Hushkeys account or use our Services.

2.4. Our Services let you post content and interact with others using our App, and use such other features as we may make available on our App from time to time. They enable you to conceal part or parts of your content and only grant permission to reveal them to users who you want to see them. Using our features, like keys and challenges, you can decide who you share your content with.

2.5. In these Terms, the term “post” includes, without limitation, any action to create, upload, post, publish, transmit, send, receive, store or reproduce content or communications to our App, whether publicly or privately.

3. Conceal functionality

3.6. We created Hushkeys, our platform and Services to enable you to enjoy our conceal functionality positively and with respect and consideration for the rights of others. This includes, without limitation, respecting their privacy rights and intellectual property rights (such as copyright and trade mark ownership).

3.7. Your use of our conceal functionality is subject to and conditional upon these Terms. These Terms apply to all content that you post whether or not you have used our conceal functionality. You are not permitted to use the functionality to try to hide any content that violates these Terms.

3.8. You must not use our conceal and/or keys functionality, to bully, harass or intimidate other users. We do not tolerate this behaviour on our platform and we reserve the right to suspend or close your account in response to such conduct.

4. Hushkeys account

4.9. When you register with us and choose a password to protect your account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, please immediately change your password and/or contact us for assistance.

4.10. You agree that you will:

  • a) provide us with your real name and information;
  • b) create no more than one personal account; and
  • c) keep all your account information up to date.

4.11. You agree that you will not:

  • a) jeopardise the security of your account;
  • b) transfer an account to another user without our prior written consent;
  • c) create an account for anyone other than yourself;
  • d) create another account without our permission if we have deleted your account;
  • e) sell, buy, lease or rent access to your account, username or customisable elements of Hushkeys functionality without our prior written consent;
  • f) use Hushkeys if you are a convicted sex offender.

4.12. We reserve the right to suspend or close your account without notice and without liability to you in the event of any breach of our Terms by you, including any breach of the User Conduct Rules (please see clause 9).

4.13. You agree that we may use all available data to crosscheck any information you supply to us. We will process your personal data in accordance with our Privacy Policy.

4.14. We reserve the right to reject, remove or reclaim any username or similar identifier for any reason. For example, you may have chosen a username that is offensive or that infringes someone else’s trade mark.

5. App and Services restriction

5.1. Nothing in these Terms grants you any legal rights in the App other than as necessary to enable you to access the App. You agree not to modify, adjust, circumvent or delete any notices contained in the App (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the App.

5.2. You agree not to reverse engineer or decompile any parts of the App. You may not copy, modify, distribute, sell or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of our App.

6. App Store Conditions

6.1. This clause 6 applies if you download and/or use the App from Apple’s App Store.

6.2. You agree to be legally bound by our App Store Conditions as may be updated from time to time, which are incorporated into these Terms.

6.3. Apple Inc. and its subsidiaries are third party beneficiaries of these Terms and have the right (and are deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

7. Privacy

7.1. Your privacy matters to us. We process information about you in accordance with our Privacy Policy. By using the App, you consent to such processing and you warrant that all data provided by you is accurate and that, if it changes, you will tell us promptly.

7.2. The App uses cookies. For more information on which cookies we use and how we use them, please see our Cookies Policy.

8. User content

8.3. By submitting content to our App you warrant (i.e. confirm) to us that you have the right to submit that content (either because you own that content or you are licensed to publish it to the App), and you agree to fully reimburse us and our moderators from and against all losses, claims, demands, costs and expenses arising from or in connection with your breach of this warranty.

8.4. As between you and us, you own the content that you submit to the App but you grant us a non-exclusive, irrevocable, worldwide, transferrable, sub-licensable and royalty-free licence to use, store, copy, modify, edit, adapt, create derivative works from, distribute, publish, and process that content without any further consent, notice and/or compensation to you or others by us.

8.5. If you want to post content about others on our App (including without limitation their image or name) then, before posting, you must have their consent to do this.

8.6. We do not actively edit user content but we reserve the right to remove any user content posted on the App or suspend or terminate your account at our sole discretion and without notice, including (but not limited to) where we consider that the user content breaches our User Conduct Rules (see clause 9) or is otherwise inappropriate. If you notice any user content that is inappropriate, please email us at hello@hushkeys.com.

8.7. You should remember that information you share with other users on our App can be copied (for example, screen grabbed) and used outside of our App. We cannot control that, so be sure you only post content you are comfortable with being shared in public.

8.8. You should also be mindful of how you share content whilst using our conceal functionality and how you manage the sharing of the keys.

8.9. Our Hushkeys Key is available to every user, so any content sent that is attached to this key will be publicly available.

9. User Conduct Rules

9.10. By accessing, using and/or contributing to the App you agree not to:

  • a) post unauthorised commercial communications (such as spam) on the App;
  • b) collect other users' content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior written permission;
  • c) engage in unlawful multi-level marketing, such as a pyramid scheme, on or using the App;
  • d) solicit login information or access an account belonging to someone else;
  • e) bully, intimidate, or harass any user;
  • f) post content or information that is unlawful or violates or infringes in any way upon the rights of others, including (but not limited to) content which is false, hateful, threatening, abusive, offensive, harassing, unlawful, defamatory, libellous, tortious, slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane, or is racially, ethnically or is otherwise objectionable;
  • g) post content that is hate speech, threatening, pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
  • h) use the App to do anything unlawful, fraudulent, misleading, malicious, or discriminatory;
  • i) do anything that could disable, overburden, or impair the proper working or appearance of the App, such as a denial of service attack or interference with page rendering or other App functionality;
  • j) facilitate or encourage any violations of this clause or our other terms and policies.

9.11. You may only use the App for lawful and honest purposes and only in accordance with these Terms. By using and accessing the App you warrant (i.e. confirm) to us that:

  • a) you have the right, power and authority to accept these Terms;
  • b) you will comply with all applicable laws and regulations (whether local, national, and international) including without limitation all laws, regulations and rules relating to the promotion of goods and services such as the CAP code and guidance of the Advertising Standards Authority;
  • c) any information or content you provide or upload is truthful, honest, accurate and not misleading;
  • d) you will act in good faith at all times and not bring Hushkeys or us into disrepute.

10. Respecting copyright

10.12. We respect other people's rights, and expect you to do the same. If you believe that anything on the App infringes copyright that you own or control, please report this to us by using this link hello@hushkeys.com.

10.13. If you feel we have removed content by mistake please let us know by contacting us at hello@hushkeys.com.

10.14. If you repeatedly infringe other people's intellectual property rights, we reserve the right to suspend or close your account

11. Ownership of the App and trade marks

11.15. This App and all intellectual property rights in it including any content which is not content that you have posted to the App (including but not limited to text, photographs, graphics and software) are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and are free to use them as we see fit and you have no right to use them unless you have our or our licensors’ express consent.

11.16. Trade marks: Hushkeys, Netiqet Labs and our Hushkeys logos are our trademarks. Other trade marks and trade names may also be used on this App. Your use of any trade marks on the App is strictly prohibited unless you have our prior written permission.

12. Hyperlinks and third party sites

The App may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. Your use of a third party site may be governed by the terms of that third party site.

13. Viruses

13.17. We do not guarantee that our App will be secure or free from bugs or viruses.

13.18. You are responsible for configuring your information technology, computer programmes and devices in order to access our App. You should use your own virus protection software.

13.19. You must not misuse our App or knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our App via a denial of service attack or a distributed denial of service attack or any other means. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.

14. Your liability to us

You shall reimburse and compensate us fully for all losses we may suffer arising out of or in connection with any claim relating to:

  • a) use of any content submitted by you which infringes the intellectual property rights of a third party;
  • b) any negligence, wrongful act or omission, fraudulent behaviour or breach of these Terms or any law, regulation or licence by you;
  • c) your access to or use of the Services; or
  • d) the content that you post to our App.

15. Disclaimer and limitation of liability

15.20. Nothing in these Terms excludes or limits our liability for: (i) death or personal injury arising from our negligence; (ii) fraud or fraudulent misrepresentation by us; or (iii) any other liability to the extent that it cannot be excluded or limited by applicable law.

15.21. You agree that your use of the App is on an "as is" and "as available" basis and is at your sole risk. We do not guarantee continuous uninterrupted or secure access to our App or Services and operation of the App may be interfered with by factors outside of our control. On that basis, except as expressly set out in these Terms, we exclude any other conditions, guarantees, warranties or terms in relation to the App to the extent permissible by law.

15.22. We are not liable for any: (i) loss of profits, sales, business, or revenue; (ii) loss or corruption of data; (iii) loss of software or the use of computer equipment; (iv) business interruption; (v) loss of anticipated savings; (vi) loss of business opportunity, goodwill or reputation.

15.23. To the maximum extent permitted by law, neither of us are liable to the other for any (i) indirect losses or losses which arise as a side effect of the main loss or damage and which were not foreseeable or reasonably expected by you and us when these Terms became binding; or (ii) losses that are not caused by us or any breach on our part. Losses are foreseeable where they could be contemplated by you and us at the time when these Terms became binding.

15.24. To the maximum extent permitted by law, in no event will our aggregate liability for all claims relating to the Services exceed the greater of £100 or the amount you paid us, if any, in the last 12 months.

15.25. Nothing in these Terms excludes any statutory rights which may apply to your use of the App which cannot be excluded, restricted or modified by contract.

16. Events outside our reasonable control

We are not liable for any breach of these Terms or delay in performance of our Services caused by any event or circumstance beyond our reasonable control including, but not limited to breakdown of systems or network access, strikes, lock-outs or other industrial disputes, or flood, fire, explosion or accident.

17. No waiver

If you breach any part of these Terms and we take no action then this shall not amount to a waiver of our rights and we shall still be entitled to exercise our rights and remedies at a later date or in any other situation where you breach these Terms.

18. Third party rights

No person or entity other than you shall have any rights to enforce any provision of these Terms against us.

19. Language

These Terms are only available in English. No other languages will apply to the interpretation of these Terms.

20. Applicable law

These Terms and the contractual relationship between us shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with them shall be subject to the exclusive jurisdiction of the English Courts.