When you use ChatFOSS, you may provide StayPrivate with information such as your name, billing information, files, content, email messages, contacts and so on ("Your Information").
These Terms do not give StayPrivate any rights to Your Information except for: (i) limited rights that enable us to deliver the service; and (ii) limited rights described in our Compliance Policy.
You give us permission to host Your Information, back it up, and share it with other users in order to deliver ChatFOSS. If you provide an email address, unless you indicate otherwise, you give us permission to forward email messages to your email account. If you provide a mobile telephone number, unless you indicate otherwise, you give us permission to forward SMS messages to your mobile.
When you use ChatFOSS to share information with others, please think carefully about what you share. Please be aware that when you use ChatFOSS to share information with a user who works for an organisation, the organisation as well as the user may also be able to access the information.
You are responsible for your conduct, your communications with others, Your Information and the information you share with others, and you must comply with our Acceptable Use Policy. Information shared with you, or information you share may be protected by others' intellectual property rights. Please do not copy, upload, download or share content unless you have the right to do so.
Our Compliance Department may review your conduct under the terms of our Compliance Policy. However, we have no obligation to do so. StayPrivate is not responsible for the content people post and share via ChatFOSS.
You are responsible for any activity using your account, so please safeguard your password and PIN to ChatFOSS, make sure that others do not have access to it, and keep your account information current.
ChatFOSS may be used independently by people under the age of 18, but only with the permission and under the supervision of a guardian. By accepting these terms, you are representing to us that you are over 18. If you are the guardian of a person under 18 you may accept these terms on their behalf, but only on the understanding that you will, at all times, supervise their use of ChatFOSS.
Some parts of ChatFOSS allow you to download software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable licence to use the Software, solely to access our Service. To the extent any component of the Software may be offered under an open source licence, we will make that licence available to you and the provisions of that licence may expressly over-ride some of these Terms. You agree not to reverse engineer or decompile the Software or Service, attempt to do so, or assist anyone in doing so.
ChatFOSS is protected by copyright, trademark, and other UK and foreign laws. These Terms do not grant you any right, title or interest in ChatFOSS, in others' content in ChatFOSS, in StayPrivate trademarks, logos or in other brand features. We welcome feedback; we may act on comments or suggestions without any obligation to you. We will not publish any comments or suggestions without your prior permission.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to our Compliance Department. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on ChatFOSS is: Copyright Agent, Compliance Department, StayPrivate Ltd, 13th Floor, 33 Cavendish Square, London, W1G 0PW, United Kingdom. Or via email at: email@example.com.
In order to use ChatFOSS someone must be responsible for paying for your account. This person is your 'ChatFOSS Parent'. They will be notified each time you add a friend or join a ChatFOSS circle. Their email address also acts as your recovery email address, meaning that they are able to force a change of password on your account and gain access to your account.
The price list for ChatFOSS is available at www.stayprivate.com/chatfoss.
Your account will remain in effect until it is cancelled or terminated under these Terms. If your account is not paid for on time, we reserve the right to either partially or fully suspend your account.
You are free to stop using ChatFOSS at any time. We also reserve the right to suspend or end ChatFOSS at any time at our discretion and without notice. For example, we may suspend or terminate your use of ChatFOSS if you are not complying with these Terms, or are using the Service in a manner that would cause us legal liability, disrupt ChatFOSS or disrupt others' use of ChatFOSS.
We strive to provide a great Service, but there are certain things that we cannot guarantee. To the fullest extent permitted by law, StayPrivate Ltd and its affiliates, suppliers and distributors make no warranties, either express or implied, about ChatFOSS. ChatFOSS is provided "as is". We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.
To the fullest extent permitted by law, in no event will StayPrivate Ltd, its affiliates, suppliers or distributors be liable for (a) any indirect, special incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not StayPrivate has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims relating to ChatFOSS more than the greater of £100 or the amounts paid by you to StayPrivate for the past 12 months in question.
We prefer to address any concerns without resorting to the law courts. Before filing a claim against StayPrivate, you agree to try to resolve the dispute informally by contacting us at firstname.lastname@example.org. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 28 days of submission, you or StayPrivate may bring a formal proceeding.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
These Terms will be governed by English law.
These Terms constitute the entire agreement between you and StayPrivate with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
StayPrivate’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. StayPrivate may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with ChatFOSS.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account). By continuing to use or access ChatFOSS after the revisions come into effect, you agree to be bound by the revised Terms.
This policy describes how we collect, use and safeguard your information when you use our websites, software and services ("Service"). It describes the sources of personal information we may collect about you, the purposes for which we use information, the circumstances in which we may share information, and the steps that we take to safeguard information to protect your privacy.
There are three categories of data which we store: basic data, general data, and usage data.
We collect, and associate with your account, information like your name, email address, phone number, payment info, and physical address. We use this information to deliver ChatFOSS, to bill for your use of ChatFOSS, and also to allow us to communicate directly with you. We do not, outside of specific exceptions described below, share this information with third parties.
We may disclose your personal information to fulfil your instructions, to protect our rights and interests or pursuant to your express consent. Under limited circumstances, your personal information may be disclosed to third parties under our Compliance Policy and as permitted by, or to comply with, applicable laws and regulations, for instance, to protect against fraud or to co-operate with law enforcement or regulatory authorities.
When you use ChatFOSS, we store, process and transmit your files and information (including emails, messages, documents and photos) and information related to them (for example, time of last change). Other than the restricted rights described in our Compliance Policy, we do not have access nor any other rights to this data. All communication remains your property and is encrypted in transfer. All files remain your property and are encrypted in storage. Where we use third party cloud storage providers (such as Amazon), we only store your files in encrypted form and store the encryption keys separately on our own servers, so that no third party has access to your information.
We collect information from and about the devices you use to access ChatFOSS. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. This information is only used to help us deliver ChatFOSS efficiently to you and we do not share it with anyone.
You can set your browser to not accept cookies, and this should not make any difference to your ability to use ChatFOSS. The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. To learn more about what cookies are set on your computer as you browse the web and how to manage or delete them, visit www.allaboutcookies.org.
As described in our Compliance Policy, we may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of ChatFOSS or our users; or (d) protect StayPrivate’s property rights.
We have a team dedicated to keeping your information secure and testing for vulnerabilities. We also continue to work on features to keep your information safe in addition to features such as two-factor authentication, encryption of files at rest, and alerts when new devices and apps are linked to your account.
StayPrivate is committed to protecting the privacy and confidentiality of your personal information. We limit access to your personal information as much as possible and, as described above, providers are held to stringent standards of privacy. We also maintain physical, electronic and procedural safeguards to protect information against loss, misuse, damage or modification and unauthorised access or disclosure.
We will retain information you store on ChatFOSS for as long as we need it to provide you ChatFOSS. If you delete your account, we will also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
If your relationship with StayPrivate ends and we retain any of your personal information we will continue to treat it as described in this policy.
We store all your information within the European Union. Our servers operate from secure data centres across the UK. However, you may access ChatFOSS from anywhere in the world and information may be stored on the devices you use to access ChatFOSS.
StayPrivate believes that individuals have the right to know who can access their data and what terms. We also believe that this should apply to governments and companies alike.
StayPrivate will only release information to governments or other authorities on the presentation of a valid search warrant issued under due legal process. Such a warrant should show probable cause in order to justify the disclosure of the stored contents and communication of any account.
It is our policy to notify users and provide them with a copy of any civil or government legal process regarding their account (including formal requests for private information), unless we are prohibited by law or court order from doing so. If that is the case, we will notify users and provide them with a copy of the legal process when the prohibition expires.
If a request for information is valid, we will preserve the necessary information before informing the user. In most cases, upon notification to the user, that user will be provided with either 7 days or the amount of time before the information is due, whichever is later, during which time the user may legally challenge the request. If, prior to the deadline, we receive notice that the user intends to challenge a request, no information will be delivered until that process concludes. We also review information requests and may lodge our own challenge to the scope or validity of legal process received, on behalf of a user, whether or not the user pursues their own legal challenge.
ChatFOSS is not designed to enable surveillance of users. In order to deliver ChatFOSS, we may use third parties. If such a third party has access to data about our customers this would normally be anonymised. Nevertheless we expect all third parties to handle all data as StayPrivate would, meaning that they should not share the information with any other company or individual, use it any way other than to deliver the necessary service, nor assist governments in widespread surveillance of users.
StayPrivate is a UK-based company and adheres to European Union privacy laws and standards. If it were to receive a National Security Letter (NSL) or its equivalent originating from the US government, and was advised that this letter was legally applicable in the UK, it would notify the US government that it would like the court to review the non-disclosure provision of the NSL pursuant to USA FREEDOM. The US government would have 30 days to let the court know why the non-disclosure should remain in effect. If we receive notice that the non-disclosure no longer applies, we will notify the affected customer.
If we are involved in a reorganisation, merger, acquisition or sale of our assets, the way your information is managed may change as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event.
If you have questions or concerns about StayPrivate and privacy, contact us at email@example.com.
StayPrivate respects all organisations' and individuals' rights to privacy, however, StayPrivate respects the law foremost and also recognises that organisations and individuals only retain their rights to privacy while they are not seriously disrespecting the rights of others. StayPrivate will resist any unlawful requests from governments and other third parties to access your data. StayPrivate's annual Compliance and Transparency Report (first published in December 2017) contains a section summarising all requests for information received and whether information was provided.
Although StayPrivate, as a whole, is able to access your data and information because it needs to in order to be able to deliver its Service to Clients and to allow Clients to access their own information, StayPrivate’s clients should have total confidence that, in the normal course of events, StayPrivate will not access your information. StayPrivate operates Chinese walls within its organisation so that no individual has sufficient access to the various encryption keys and database to be able to circumvent our controls and access any Client data.
StayPrivate accepts no responsibility for the actions of any of its Clients. However, at its discretion, and where it believes that it can do so without compromising users’ rights to privacy, StayPrivate does adopt processes designed to uncover seriously unacceptable behaviour, for example, child abuse. The StayPrivate Compliance Team, subject to Senior Management approval, can run certain automated scripts over the StayPrivate client database. These scripts are carefully targeted and designed to uncover specific types of seriously unacceptable behaviour, and the results are entirely anonymised. If the StayPrivate Compliance Team uncovers evidence of what it believes is seriously unacceptable behaviour then, subject to Senior Management approval, it may be allowed further access in order to gather further evidence. If the outcome of its further investigations provides strong evidence of seriously unacceptable behaviour then, subject to Senior Management approval, the StayPrivate Compliance team may be able to gain full read access to individual Client accounts. If it uncovers criminal activity, the StayPrivate Compliance team, at its discretion, may share such information with the relevant authorities.
StayPrivate accepts no responsibility for the failure of its Compliance Team to uncover seriously unacceptable behaviour.
StayPrivate’s Annual Compliance and Transparency Report was first published in December 2017. The report contains a summary of all the various activities of the StayPrivate Compliance Team as well as all government information access requests.
ChatFOSS and other StayPrivate services are used by many organisations and individuals around the world, and we appreciate the trust you have placed and continue to place in us to protect your information. In return, we trust you to use ChatFOSS responsibly.
You agree not to misuse the StayPrivate services ("Service"). For example, you must not, and must not attempt to do the following: