Snikket is communication software that allows you to exchange messages, media, files and audio/video calls. We (Snikket Community Interest Company) provide hosting for Snikket Instances on behalf of our Customers.
If you are a Customer of Snikket Hosting, which includes anyone who has registered with us in order to launch and manage Snikket Instances, you must consent to the primary Snikket Hosting Terms of Service which are provided in a separate document.
If you have been invited to join an existing Snikket instance that is running on our service, we consider you to be an “Authorised User” of that Snikket Instance. The Terms in this document govern your use of the service.
By accepting the invitation and registering on a Snikket Instance hosted on our platform, you agree to and are bound by these Terms. We will use both ‘you’/‘your’ and ‘Authorised User’ interchangeably in this document.
If you do not agree to all terms and conditions contained in this document, you must stop using our services.
Within this document, we will refer to the Customer that subscribes to our service, requested and manages the Snikket Instance as the ‘Instance Owner’, or simply ‘Owner’.
These Terms are subject to change in response to changing regulation, law or any other reason. The latest Terms published on our Website will be the version of the Terms which apply.
You acknowledge that Snikket shall be entitled to modify the features and functionality of the Services. Snikket or the Owner may, without limitation to the generality of this clause, establish new limits on the Services (or any part), including limiting the volume of data which may be used, stored or transmitted in connection with the Services, remove or restrict application programming interfaces or make alterations to data retention periods.
Should you have other questions or concerns about this document, please contact us at hosting@snikket.org.
“Intellectual Property Rights” means any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, utility models, domain names and all similar rights and, in each case: (a) whether registered or not; (b) including any applications to protect or register such rights; (c) including all renewals and extensions of such rights or applications; (d) whether vested, contingent or future; and (e) wherever existing.
‘Snikket Hosting’ means the service provided at my.snikket.org for the purchase, configuration and management of Snikket Instances hosted and run by Snikket Community Interest Company.
‘Snikket Instance’ or ’the Communication Service’, means an instance of the Snikket server software provisioned by a customer via Snikket Hosting. Such an instance makes available communication services which might include messaging features in public and private chat rooms, voice and video calls and interactions with third-party applications. The Snikket Instance stores the Authorised Users’ (as defined below) account, profile information (such as profile picture and display name), and handles delivery of messages and calls to Authorised Users’ devices. The Snikket Instance may also provide access to internal or external services based on the standard XMPP communication protocol, such as bots, third-party servers, and gateways to other networks.
The ‘Services’ refers to both the Hosting and Communication Services.
Snikket grants the Instance Owner the right to suspend, update, destroy, establish and invite others to use the Snikket Instance.
The Owner may establish additional policies, rules and guidelines which you must agree to, but they must not conflict with these Terms and in the event of conflict these Terms prevail.
We may terminate without notice these Terms and your right to use the Services if you or the Owner breach any of the terms and conditions, and, where the breach is capable of remedy, the breach is not cured within ten (10) days after we provide notice of the breach.
Where we in our sole discretion decide that the breach is serious or material (including, without limitation, where we believe the Services are being used by the Owner or its Authorised Users in violation of applicable law or cause harm; or the Owner has not paid for the Services) we may immediately suspend and/or terminate these Terms and your right to use the Service or take other action considered appropriate including without limitation removing certain content or removing Authorised Users.
We may also terminate these Terms and your right to use the Services for any reason at our sole discretion on thirty (30) days notice.
In the event of termination of service for any reason, you will not have any right to access any communications or data which has been sent or exchanged on the Services.
The Instance Owner may also terminate the service for any Authorised User without reason or notice at any time.
Subject to your acceptance of, and compliance with, this Agreement and any payment requirements for the Services (if applicable), Snikket hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable licence, in and under our Intellectual Property Rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by us that augment or enhance one of the current Service shall also constitute “Service” and shall be subject to these terms and conditions. All rights not expressly granted under this Agreement are retained by Snikket or the relevant third party owner.
You may also be subject to additional terms and conditions that may apply when you use other Snikket services, third party content or third party software.
Except for the rights expressly granted in our Agreement, you shall not acquire in any way any title, rights of ownership, or Intellectual Property Rights of whatever nature in the Services and no other Intellectual Property Rights of either party are transferred or licensed as a result of our Agreement.
Unless stated otherwise in direct agreements between the Authorised Users and the Owner (e.g. an employment contract), the Snikket Instance Owner cannot claim Intellectual Property Rights over conversations, message content or files Authorised Users uploaded to the Snikket Instance.
You acknowledge and agree that Snikket has no liability of any kind should you or any other Authorised Users, who are granted access to their messages or files modify, destroy, corrupt, copy or distribute them, or violate the terms of use or other limitations that the Authorised Users may impose on the use of their shared content.
The Instance Owner may pre-screen Authorised Users’ messages or files to prevent spam and other abuse, and messages or files (including entire rooms) may be removed from the Snikket Instance for any reason without notice at the discretion of either Snikket or the Snikket Instance Owner.
By posting or uploading messages or files to the Service, you represent and warrant that you own or otherwise control all of the Intellectual Property Rights and other rights to their user materials as described in these Terms, including all the rights necessary for you to post or upload said messages or files.
You are solely and entirely responsible for all of the messages and files that you post or otherwise submit via the Service. You shall assume all risks associated with the use of said content including any reliance on the accuracy, completeness or usefulness. Snikket does not guarantee the accuracy, integrity or quality of exchanged messages or files.
As part of the Terms, you acknowledge and agree that Snikket does not condone any content included within the Communication Service (whether generated internally by you, the Owner, other Authorised Users, or externally via federation) and you may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.
We may review Authorised Users’ conduct and use of the Service for compliance and monitoring purposes, but we have no obligation to do so. We are not responsible for the content of the Owner’s or their Authorised User’s data, or the way the Owner or their Authorised Users decide to use the Communication Service.
You must be at least 16 (sixteen) years old to use both our Hosting and Communication Services or where applicable such greater age as required in your country to register for or use our Hosting and Communication Services.
We are not responsible for providing the necessary internet connectivity or devices to enable the use of the Services.
Any illegal content, including without limitation any content containing or promoting indecent images or depictions of children, are prohibited on the Services. If you become aware of such content, you are required to immediately reporting it to us so we can refer the details to the relevant authorities. If you find a user account or group being used for the distribution or promotion of child sexual exploitation or any illegal content, this must be reported in an email to abuse@snikket.org.
The Services may not be provided on an uninterrupted basis. We do not commit to a certain service level commitment for the availability of the Services and your data unless we agree in writing otherwise. Without limitation, in particular you acknowledge and agree that Snikket shall not be liable for any failure to store your materials on the Snikket Instance at any time and accepts no responsibility for any loss of data.
Despite our inability to guarantee a certain level of provision we will use reasonable endeavours to monitor the Services. This includes monitoring when the servers are under pressure with a view to preventing problems and we aim to have the Services available constantly. In the event of planned downtime we will use reasonable endeavours to provide you with notice of the same.
You can find our service status and notices on our online status page at status.snikket.org.
Our approach to data protection and security is consistent with applicable law. For more details please check our Privacy Policy.
In the event that you wish to use encrypted communications within the Services, it is your responsibility to ensure this is permitted in under the laws and regulations applicable to you based on where and how you use the Services.
The Services are provided by Snikket under these terms of use “as is” without warranty or representation of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.
Snikket does not control, endorse or take any responsibility for the messages or content accessed via the Services. Without limitation, for the avoidance of doubt, to the maximum extent permitted by law, Snikket will have no liability in relation to content on the Services breaching Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws.
Without limitation to the prior clauses, Snikket makes warranty or representation in relation to: the quality of the Services or that the Services will be accessible, uninterrupted, timely, secure, or error-free.
You use of the Services is at your own risk, such that you are responsible for any damage to your computer systems, loss of data. Snikket assumes no liability for any program or code which may prevent, impair, affect the reliability of, destroy, damage, interfere with, corrupt, or cause undesired effects on any program, computer, system, software, code, data or other information (including all viruses, worms, trojan horses, spyware, logic bombs and similar files, scripts, agents, things or devices) that arises through use of the Services.
You and the Authorised Users are responsible for your password and Services access. We accept no liability for any loss that you may incur as a result of someone else using your password or account with respect to the Services, whether with or without your knowledge.
You agree to indemnify and hold Snikket and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: your or Authorised Users violation of these Terms, any right of a third party, the material and content distributed on the Services, use of the Services, breach of third parties intellectual property rights.
The Communication Service is not to be used to make calls to any emergency services. Therefore you must arrange for other communications such as though a mobile phone or otherwise to enable you to contact any emergency services. We disclaim any liability relating to the inability to use the Communication Services in this way.
None of Snikket, its officers, directors, employees, partners or suppliers be liable under these Terms for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Snikket has been advised of the possibility of such damages or losses.
In no event will Snikket be liable to you for any amounts in excess of 100% of the fees you have paid to use the Service in the previous 12 months.
This Agreement shall be governed by the laws of England and Wales. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of England and Wales.
If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Any failure by Snikket to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
Except as expressly provided in our Terms, Snikket may at any time assign, sub-contract, sub-licence (including by multi-tier), transfer, mortgage, charge, declare a trust of or deal in any other manner with any or all of its rights or obligations under our Terms. Except as expressly permitted by our Terms, the Authorised User shall not assign, transfer, sub-contract, sub-licence, mortgage, charge, declare a trust of or deal in any other manner with any or all of its rights or obligations under the Terms (including the licence rights granted), in whole or in part, without Snikket’s prior written consent.