End User Licence Agreement

Acceptance of This Agreement

This End User Licence Agreement (the "Agreement") is a legal agreement between you and Verboo ("we", "us", or "our") for the Verboo software described below. By downloading, installing, copying or using the Software you accept this Agreement in full. If you do not accept it, do not install or use the Software, and delete any copy of it that you have.

The Software is not intended for children under the age of 13, and they may not use it. If you install or use the Software on behalf of an organisation, you accept this Agreement on its behalf as well and confirm that you have the authority to do so.

The Software and the Other Documents

"Software" means the Verboo applications for iOS, macOS and Android, any Verboo application or build that you download from verboo.org, and all updates, upgrades, patches and new versions of them that we make available, together with their documentation. The Software is the client with which you use the Verboo messaging and calling service (the "Service").

This Agreement governs the Software as a work: your right to install and use it. The Service itself, your account and your conduct are governed by our Terms of Use, and how we handle personal data is described in our Privacy Policy. Both documents apply to you alongside this Agreement. If this Agreement conflicts with the Terms of Use about the Service, the Terms of Use prevail; if they conflict about the Software, this Agreement prevails.

The Software is under active development and is offered free of charge through closed beta testing. Pre-release builds distributed through TestFlight or Firebase App Distribution are additionally subject to the terms of those services.

Licence Grant

Subject to your compliance with this Agreement and the Terms of Use, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the Software, in object code form only, on devices that you own or control, solely to use the Service for your own personal or internal purposes.

The Software is licensed, not sold. You receive only the rights expressly granted in this Agreement, and we and our licensors reserve all other rights. No fee is payable for this licence.

Restrictions

Except as expressly permitted by this Agreement, or by the licence of a third-party component described below, you must not, and must not allow anyone else to:

• copy the Software, other than installing it on your devices under this licence and keeping a reasonable backup copy;
• sell, rent, lease, lend, distribute, sublicense or otherwise transfer the Software, or make it available over a network to anyone other than yourself;
• modify, translate, adapt or create derivative works of the Software;
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Software, except to the extent that applicable law expressly allows this despite this restriction, and then only after you have asked us for the information you need and we have not provided it;
• circumvent, disable or interfere with any technical limit or protection of the Software or the Service, including rate limits, access controls, code signing, and the protocols the Software uses to reach the Service;
• remove, obscure or alter any copyright, trade mark or other proprietary notice in the Software;
• use the Software to access or use the Service in any way that breaches the Terms of Use.

Ownership

The Software, including its source code, object code, design, user interface, graphics, sounds and documentation, and all copies of it, is owned by Verboo or its licensors and is protected by copyright, trade mark and other intellectual property laws and international treaties. The Verboo name, the Verboo logo and wordmark and any other Verboo marks are our trade marks, and you may not use them without our prior written consent, other than to identify the Software as ours. Nothing in this Agreement transfers any ownership of the Software or of those marks to you.

If you send us suggestions or feedback about the Software, you agree that we may use them without any obligation to you.

Third-Party and Open-Source Components

The Software includes components written by others and distributed under their own licences. Those components are governed by their own licence terms, which this Agreement does not change; where such a licence gives you rights that this Agreement restricts, the terms of that licence prevail for that component. The components include:

• the Opus audio codec (Xiph.Org Foundation and others), which encodes voice in calls on iOS, macOS and Android, under the three-clause BSD licence;
• the Go programming language runtime and the golang.org/x libraries (The Go Authors), under the BSD licence; the Verboo SDK embedded in each application is built with Go;
• the Go libraries the Verboo SDK is built with: quic-go and qpack, zap and multierr, golang-jwt, go-json, viper and its helper libraries (cast, go-toml, locafero, gotenv, mapstructure) under the MIT licence; gorilla/websocket, protobuf-go, uuid, fsnotify, pflag and klauspost/compress under BSD licences, parts of klauspost/compress under the Apache License 2.0; gRPC-Go and afero under the Apache License 2.0;
• on Android: Firebase Cloud Messaging, the AndroidX and Jetpack libraries (including Compose, Room, CameraX and Media3), the Kotlin standard library, Gson and Haze under the Apache License 2.0; the Glide GIF decoder under the Simplified BSD licence and the Apache License 2.0; and SQLCipher for Android (Zetetic LLC) under the SQLCipher licence published by Zetetic, with its Java layer under the Apache License 2.0;
• on iOS and macOS: the system frameworks that Apple supplies with the operating system, under Apple's terms.

The licence texts of these components are available from their authors, and we will send you the notices that apply to a particular release of the Software on request at the address in the Contact section.

Updates

We may release updates to the Software from time to time, including fixes, new features and changes to how it communicates with the Service, and we may stop supporting older versions. An update may be installed automatically by your device or app store according to its settings, or offered to you to install. Updates are part of the Software and are subject to this Agreement, unless an update comes with its own terms. The Service may refuse connections from a version of the Software that is no longer supported, so keeping the Software up to date may be necessary to use the Service.

Copies from the App Store and Google Play

If you obtained the Software from Apple's App Store or Mac App Store, the following terms also apply to that copy, and Apple requires us to bring them to your attention:

• Acknowledgement. This Agreement is between you and Verboo only, and not with Apple Inc. ("Apple"). Verboo, not Apple, is solely responsible for the Software and its content. To the extent that the Usage Rules of the Apple Media Services Terms and Conditions conflict with this Agreement, those Usage Rules prevail for a copy obtained from Apple.
• Scope of licence. The licence for such a copy is limited to a non-transferable licence to use the Software on an Apple-branded product that you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions, except that the Software may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and support. Verboo is solely responsible for providing any maintenance and support for the Software, to the extent required by applicable law. Apple has no obligation whatsoever to provide any maintenance or support for the Software.
• Warranty. Verboo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price of the Software, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Verboo's sole responsibility.
• Product claims. Verboo, not Apple, is responsible for addressing any claims by you or any third party relating to the Software or your possession or use of it, including product liability claims, any claim that the Software fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
• Intellectual property claims. If a third party claims that the Software or your possession and use of it infringes that third party's intellectual property rights, Verboo, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
• Legal compliance. You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
• Developer contact. Our name and contact details for any questions, complaints or claims about the Software are given in the Contact section of this Agreement.
• Third-party terms. You must comply with any applicable third-party terms when using the Software, including the terms of your wireless data service.
• Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of it Apple will have the right, and will be deemed to have accepted the right, to enforce it against you as a third-party beneficiary.

If you obtained the Software from Google Play, your download and use of it are additionally subject to the Google Play Terms of Service, and this Agreement is between you and Verboo, not Google.

Copies Downloaded from verboo.org

We may make builds of the Software available for direct download from verboo.org, for example an Android package that you install without an app store. Such a copy is installed at your own choice and risk. It does not pass through an app store's review, your device may warn you before installing it, and you are responsible for allowing that installation, for the settings of your device, and for keeping the copy up to date. Before you install a downloaded build, verify that the file matches the checksum we publish next to it on verboo.org, and do not install a copy of the Software obtained from anywhere else. This Agreement applies to a downloaded copy in the same way as to any other copy.

Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, WORK ON YOUR DEVICE OR WITH OTHER SOFTWARE, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

The Software is beta software under active development. It may contain errors, may stop working, and may be changed or discontinued at any time. Whether the Service is available and whether messages, calls and files are delivered is addressed in the Terms of Use, not here. At this stage of development communications are not end-to-end encrypted between users, and we make no promise that they are protected from interception, loss or unauthorised access.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VERBOO AND ITS OPERATORS, CONTRIBUTORS, AFFILIATES, LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE OR OPPORTUNITY, BUSINESS INTERRUPTION, DAMAGE TO A DEVICE OR TO OTHER SOFTWARE, OR THE COST OF SUBSTITUTE SOFTWARE OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, ITS INSTALLATION, USE, INABILITY TO USE OR REMOVAL, OR THIS AGREEMENT, WHATEVER THE LEGAL THEORY, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability for all claims arising out of or relating to the Software or this Agreement shall not exceed the amount you paid us for the Software in the twelve months before the event giving rise to the claim. As the Software is provided free of charge, that amount is zero.

Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud. Where the law does not allow an exclusion or limitation in full, it applies to the greatest extent the law allows.

Term and Termination

This Agreement takes effect when you first download, install or use the Software and continues until it is terminated. You may terminate it at any time by deleting the Software from all of your devices. It terminates automatically, without notice, if you breach any of its terms, if your account is closed or your access to the Service ends under the Terms of Use, or if we withdraw the Software. We may also terminate it at any time by giving you notice, including through the Software or on verboo.org.

On termination the licence ends, you must stop using the Software and delete every copy of it from your devices, and we may stop the Software from connecting to the Service. The sections on restrictions, ownership, third-party components, disclaimer of warranties, limitation of liability, export control and general provisions survive termination.

Export Control and Legal Compliance

The Software may be subject to the export control and sanctions laws of the United Kingdom, the European Union, the United States and other jurisdictions, including because it contains encryption. You must comply with all such laws, and you must not export, re-export or transfer the Software, or allow it to be used, in breach of them, including to any country, person or entity to which such a transfer is prohibited, or for any prohibited end use. You represent that you are not located in, and are not a national or resident of, a country subject to a comprehensive embargo under those laws, and that you are not on any list of persons with whom dealings are prohibited.

You are responsible for complying with the laws that apply to your use of the Software where you are, including laws on communications, encryption and the recording of calls. The Software is not designed for use in circumstances where its failure could lead to death, personal injury or severe physical or environmental damage, and it must not be used for that purpose. It is not a replacement for a telephone service and cannot be used to reach emergency services.

Changes to This Agreement

We may change this Agreement from time to time, for example when the Software gains new features, changes its components or is distributed through a new channel. Changes take effect when they are published here with a new "Last Updated" date, and may also be presented to you in the Software. Your continued use of the Software after that date constitutes acceptance of the changed Agreement. If you do not accept a change, you must stop using the Software and delete it.

General

This Agreement and any dispute or claim arising out of or in connection with it or the Software, including non-contractual disputes or claims, are governed by the laws of England and Wales. The courts of England and Wales have jurisdiction over any such dispute or claim. If you use the Software as a consumer, this does not deprive you of the protection of the mandatory laws of the country where you live, or of the right to bring proceedings in its courts where that law gives you one.

If any provision of this Agreement is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force. This Agreement, together with the Terms of Use and the Privacy Policy, is the entire agreement between you and us about the Software and supersedes any prior understanding about it. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer this Agreement or the licence without our consent; we may assign them without restriction. This Agreement is written in English; where we provide a translation, the English text prevails in case of any difference.

Contact Us

If you have any questions about this Agreement or the Software, please contact us at:

Verboo Team
Email: support@verboo.org