Terms of Service for the Zulip service by Kandra Labs (prior to 2022)

Welcome to Zulip!

Thanks for using our products and services ("Services"). The Services are provided by Kandra Labs, Inc. ("Kandra Labs"), located at 450 Townsend Street, San Francisco, CA 94107, United States.

By using our Services, you are agreeing to these terms. Please read them carefully.

The Services are not intended for use by you if you are under 13 years of age. By agreeing to these terms, you are representing to us that you are over 13.

Using our Services

You must follow any policies made available to you within the Services.

Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that does not belong to Kandra Labs. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your Kandra Labs Zulip Account

You may need a Kandra Labs Zulip Account ("Account") in order to use some of our Services. You may create your own Account, or your Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

If you learn of any unauthorized use of your password or account, contact support@zulipchat.com.

Privacy and Copyright Protection

The Kandra Labs privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Kandra Labs can use such data in accordance with our privacy policy.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent Kandra Labs, Inc. 450 Townsend Street San Francisco, CA 94107

copyright@zulipchat.com

Your Content in our Services

Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload or otherwise submit content to our Services, you give Kandra Labs (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, perform, display and distribute such content. The rights you grant in this license are for the limited purpose of operating and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, so that we can deliver a message that you sent to another Account before you stopped using our Services). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there may be terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. If you use the Services to share content with others, anyone you've shared content with (including the general public, in certain circumstances) may have access to the content.

In order to provide the Services, our servers save a record of the messages received by each Account (the "Received Message Information" for the account). If you are using our Services on behalf of a business and a representative of that business sends data@zulipchat.com a request to delete all of your business' accounts with us, then within a commercially reasonable period of time, we will close all of your business' accounts with us and delete the Received Message Information for each such account by removing pointers to the information on our active servers and overwriting it over time. Notwithstanding the foregoing, deleting the Received Message Information for your business' accounts will not require deleting any information about messages that were sent or received by any Accounts that are not one of your business' accounts with us (such as system-wide announcement messages or any messages corresponding with the Kandra Labs support team).

You can find more information about how Kandra Labs uses and stores content in the privacy policy. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Kandra Labs gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Kandra Labs as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Kandra Labs, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we'll be sorry to see you go. Kandra Labs may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, we will, if it is practical in our sole discretion, give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We hope that you will enjoy using our Services, but there are certain things that we don't promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER KANDRA LABS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, KANDRA LABS, AND KANDRA LABS'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF KANDRA LABS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIVE DOLLARS ($5) OR THE AMOUNT PAID BY YOU TO KANDRA LABS FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

IN ALL CASES, KANDRA LABS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Kandra Labs and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

You agree that we, in our sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of our products or services.

Export Compliance

If you are located outside of the United States or are not a U.S. person, you certify that you do not reside in Cuba, Iran, North Korea, Sudan, or Syria, and you certify the following: "We certify that this beta test software will only be used for beta testing purposes, and will not be rented, leased, sold, sublicensed, assigned, or otherwise transferred. Further, we certify that we will not transfer or export any product, process, or service that is the direct product of the beta test software."

About these Terms

If it turns out that a particular term is not enforceable, this will not affect any other terms.

If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

These terms control the relationship between Kandra Labs and you. They do not create any third party beneficiary rights.

The laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the applicable federal or state courts of California, and you and Kandra Labs consent to personal jurisdiction in those courts.

Kandra Labs reserves the right to amend or modify these terms at any time and in any manner by providing reasonable notice to you. You agree that reasonable notice may be provided by posting on Kandra Labs's web site, email, or other written notice. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

These terms constitute the whole legal agreement between you and Kandra Labs, and completely replace any prior agreements between you and Kandra Labs in relation to the Services.

Last modified: May 7, 2021