Terms of Service - Superpeer
Last updated: January 14, 2019
How you can use the Service
Restrictions on Content and Use of the Service
Privacy and Personal Data
Intellectual Property Rights
These General Terms apply generally to the use of the service Superpeer (the "Service" or “Superpeer”), and constitute a contract between you and the company Superpeer ("The Company"). These terms govern your access to and use of the Superpeer application and website (the "Service"), and any video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Service (collectively referred to as "Content"). Parts of the Service may display Content that is not Superpeer's (“User Content”). Such content is the sole responsibility of the person or entity that has made it available. When "Content" is used in this document, it refers to both content provided by Superpeer and User Content collectively, unless otherwise specified.
Where applicable, "The Company" shall also be understood as a reference to affiliates, suppliers, partners and other third parties Superpeer may engage or otherwise cooperate with in connection with the Service
We may change these Terms at any time. If a change is material, we’ll let you know before it takes effect provided that we have your correct email address. By using Superpeer on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the Service and Content will be subject to the new Terms.
Scope of Superpeer services
As the provider of the Superpeer Service, Superpeer does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Superpeer is not and does not become a party to or other participant in any contractual relationship between Members. Superpeer is not acting as an agent in any capacity for any Member, except for collecting Services fees, as described in this document.
You might be using Superpeer Service to create an individual profile, and provide services, as defined in this document, over paid-for video calls (referred as “Host”), or seek such services (referred as “User”).
While we may help facilitate the resolution of disputes, Superpeer has no control over and does not guarantee (i) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, or (ii) the performance or conduct of any Member or third party. Superpeer does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Superpeer about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable.
Superpeer is only for people 21 or older if they are residing in the United States, and 18 or older if they are residing anywhere else. By using Superpeer, you affirm that you are over the age limit effective for your country of residence. If we learn that someone under the minimum allowed age is using Superpeer, we’ll terminate their account. For use in educational or other settings, contact us.
Your use of Superpeer requires that you have hardware, software and an Internet connection fulfilling certain recommended requirements, as may be specified in our Support Center. If the recommended requirements are not met, you may potentially still use the Service, but normally with a lower quality or performance. Such reduced quality or performance will not give you the right to claim any compensation from Superpeer.
To use the Service, you will need to create a personal Superpeer account. You may register an account by following the instructions on the Website or other instructions prompted to you. You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email address, and Superpeer reserves the right to verify this at any time. Superpeer will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Your account is strictly personal and shall not be used by any other person without your supervision. Neither shall you assign your account to any other person. You are in any event solely responsible for the use of the Service through your personal user account.
We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage.
You are responsible for your use of Superpeer, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you in the Service (“the User Content”).
Video services for Superpeer, are provided by Twilio Inc., 375 Beale Street, Suite 300, San Francisco, CA 94105 (Twillio), and are subject to the Twillio Terms of Service. By agreeing to these terms and continuing to use Superpeer, you agree to be bound by the Twillio Terms of Service, as the same may be modified by Twillio from time to time.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.
We reserve the right to report illegal activity to applicable local authorities.
Prohibited User Content includes, without limitation, content which:
Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or is otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available via the Service.
We give you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by us as part of the Service for your personal or business use. This license is for the sole purpose of enabling you to use the Service as provided by us, subject to these Terms.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.
The Service may contain cryptographic functionality where the export of such could be restricted under applicable export control laws. You shall not export or re-export the Service or parts of it in violation of such laws or regulations.
Superpeer may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Superpeer Platform. More information about when Service Fees apply and how they are calculated can be found in our FAQs.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or User prior to creating a public profile or booking a video call. Superpeer reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
Payment processing services for Superpeer, including the processing and storing of credit card data, are provided by Stripe Inc. (“Stripe”) and are subject to the Stripe Services Agreement — United States (“Stripe Services Agreement”). By agreeing to these terms and continuing to use Superpeer, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Superpeer enabling payment processing services through Stripe, you agree to provide Superpeer accurate and complete information about you and your business, and you authorize Superpeer to share with Stripe Inc. this information and transaction information related to your use of the payment processing services provided by Stripe.
You are responsible for paying any Service Fees that you owe to Superpeer. The applicable Service Fees (including any applicable Taxes) are collected by Stripe on behalf of Superpeer. Stripe will deduct any Host Fees from the Call Fee before remitting the payout to the Host. Any User Fees are included in the Total Fees collected by Stripe. Except as otherwise provided on the Superpeer Platform, Service Fees are non-refundable.
Superpeer will comply with US privacy regulations.
Superpeer may need to send you information about the Service, such as important service announcements and administrative messages, by SMS, email or other means of electronic communication, by posting a notice on the Website, or through any other relevant communication channels.
Superpeer may offer to send you promotional information by SMS, email or other means of electronic communication. You may choose to opt in to receiving such communication and can manage your consents in the Settings page.
We may make available functionality allowing you to integrate other services (“Integration Service”) into Superpeer. Usage of such services will be governed by the Terms applicable for the Integration Service used.
When using the Service or third-party integrations to the Service, you may be exposed to commercial messages and advertisements. The Website and the Service may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Superpeer of the contents of such third party websites. Superpeer excludes any responsibility for the content of linked third party websites.
All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of Superpeer. The Service and its content are protected by copyright and other intellectual property rights in the country you reside as well as foreign countries.
Except for the limited, personal, non-exclusive, non-transferable and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the content owned by us our partners that you access through the Service.
The trademarks, logos, domain names and any other similar signs or symbols which are displayed on the Website or as part of the Service are the registered and unregistered marks of Superpeer. Nothing in the Terms grants you the right to use any such marks.
You retain your rights to any Content you submit, post or display on or through the Service. By submitting User Content, you grant Superpeer, or must procure that your licensors grant Superpeer, a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, irrevocable and worldwide license to use, reproduce, store, modify, distribute, publish and create derivative works of such User Content for any purpose, commercial or otherwise. You represent and warrant that you own any User Content submitted by you or that you otherwise are entitled to submit such User Content and to grant us such license.
You may stop using our Service, by contacting Superper at firstname.lastname@example.org, and requesting account deletion. You may terminate your subscription at any time. The Company reserves the right to terminate the Service and the agreement with you with immediate effect upon written notice to you. No users are entitled to refunds upon termination due to breach of these Terms.
Disclaimer of warranty. Superpeer provides the Service to you "as is". You acknowledge that the Service is not error-free. You use it at your own risk and discretion. That means the Service doesn’t come with any warranty. None express, none implied. The service will be continually developed, and you acknowledge that changes to functionality and layout may be carried out without advance notice. Superpeer makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service. Superpeer will from time to time have to carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. Superpeer will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.
Limitation of Liability. Superpeer shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service.
Indemnity. You agree to indemnify, defend and hold harmless Superpeer and its partners from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in breach of the Terms or applicable laws. Superpeer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with Superpeer in asserting any available defenses.
Partial invalidity. If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Force majeure. Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.
Assignment. Superpeer is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.
Choice of Law and Dispute Resolution. The Terms shall be governed by and interpreted in accordance with United States law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the United States courts.
You will find answers to the most frequently asked questions about the Service on the Website, or contact our support team at email@example.com. Most questions will be answered within 24 hours.