Applicable from: 1 September 2016 (plain text version, view archived versions)
The following terms of service and end user license agreement ("EULA") constitute an agreement between you and BIOKODA, and its affiliates ("BIOKODA"). This EULA governs your use of Software and Services (as specified below and on BIOKODA website and product description of BIOKODA Service).
We suggest you read the following EULA very carefully, since they govern your access to and use of BIOKODA ("we" or "our") product, software, websites and services ("BIOKODA Services") and constitute a legal agreement that governs your use of the BIOKODA Services. We encourage you to print out a copy of this entire document and refer to it as you use the BIOKODA Services. No changes (additions or deletions) of the EULA, unless made by BIOKODA, will be accepted.
For purposes of this EULA "Software" means software program distributed, published or otherwise made available by BIOKODA or its affiliates. Software also includes updates and upgrades as well as accompanying manual(s) and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
"BIOKODA" is a company, established in Slovenia, with registered seat at Avcinova 2, 1000 Ljubljana, ID Nr 3321274000, VAT Nr. 54586569, registration organ Okrozno Sodisce v Ljubljani.
"Services" or "BIOCODED" means all services made available to you by BIOKODA, including but not limited to services accessed by means of a browser or by other online communication method.
Software and Services are collectively referred to as "BIOKODA Services".
The software is licensed, not sold. Your use of the software (as specified below) is subject to the terms and conditions set forth in this EULA. By installing, using or accessing the BIOKODA Services or any materials included in or with the BIOKODA Services, you hereby accept the terms of this EULA.
If you do not accept the terms of this EULA, do not install, use or access the BIOKODA Services.
Description of BIOKODA Services
BIOKODA Services is a unique and state of the art software option, developed by BIOKODA, with sole purpose to guarantee the end-to-end encrypted communication between users using the BIOKODA Services, offering next functionalities:
- Encrypted messaging.
- Encrypted calling.
- Time limited self-destructing messages.
- Complete control of your data.
BIOKODA Service offers the following security features:
Secure channel establishment:
a. encryption and transfer of encrypted bytes to the endpoint,
b. decryption and display of decrypted content on device display,
c. encrypted call setup,
d. authenticity validation of client and server.
Client data protection, which is:
a. encryption of data stored on the device by utilizing a distributed encryption key,
b. encrypted call history,
c. encrypted contact data,
d. encrypted secure channel state,
e. encrypted storage of messages and messages related data.
User shall bear all the costs related to data transmission, deriving from the contractual relationship between end user and the dedicated electronic communication operator (providing the data transmission services to end user) - for the transmission of end-to end communication.
By using the BIOKODA Services you agree to be bound by this EULA and you may use the BIOKODA Services only if you have the power to form a contract with BIOKODA and are not barred under any applicable laws from doing so.
If you are using the BIOKODA Services on behalf of an organization, you are agreeing to this EULA for that organization and promising that you have the authority to bind that organization to these terms. In such case, "you" and "your" will refer to that organization.
To use any of the Services, you must be at least 18 years old. If you are under the required age, you may still use the BIOKODA Services, but only if the account you are using was created and/or registered by your parent or legal guardian or under their supervision or consent (it is up to parents and legal guardian to evaluate whether the BIOKODA Services provided is appropriate) or in case you are an emancipated minor.
If your contact information or other information related to your account, changes, you must notify us promptly and keep your information current.
The BIOKODA Services may continue to change over time as we for your benefit refine and add more features. We may stop, suspend, or modify the BIOKODA Services at any time without prior notice to you. We may also remove any content from our BIOKODA Services at our discretion. Although most changes are likely to be minor, we may from time to time and at our sole discretion change, add or remove any part of this EULA at any time. The most current version will always be posted on our website, so please check this page regularly. If an alteration in our sole discretion constitutes a material change we will notify you (for example via email to the email address associated with your account if provided by you). By continuing to access or use the BIOKODA Services after revisions become effective, you agree to be bound by the revised EULA. If the new EULA is not acceptable to you, please stop using the BIOKODA Services. Your continued use of the BIOKODA Services now, or following the posting of notice of any such changes, will indicate your acceptance of these terms, and of any such changes.
By using our Services you agree to provide BIOKODA with basic information, identifications like email address or your telephone number or card number, needed solely to create your personal account in order to use the Service. We collect data only to the extent absolutely needed to secure the functioning of the BIOKODA Services. We will not sell or rent your personal information to anyone.
Your personal data will be stored thorough the validity of this agreement and will be deleted as soon as the agreement is terminated.
This permission also extends to trusted third parties we work with to provide the BIOKODA Services - third party is bound by the same obligations as BIOKODA is bound to you..
Biocoded servers job is to connect and send messages between devices. It enforces privacy rules and it helps with establishing secure channels between devices. It acts as a conduit for communication, but it is unable to decrypt any of it. For every user Biocoded server stores:
- Address book of connected contacts (Biocoded ID's).
- Hashed and salted password with a unique salt for every user.
- Biocoded id.
- Privacy mode setting.
- All connected phone numbers and e-mail addresses.
- Queue of messages that have to be delivered.
- Per device session identifier.
- Per device signature public key.
- Per device server side public and private keys for signatures.
- Per device signalling data (stun/turn).
- Per device name.
- Per device last seen time.
- Per device type.
- Per device token for push messaging.
Data is stored until the termination of the agreement and deleted immediately afterwards.
We do not monitor your end-to-end communication.
While the BIOKODA Services guarantee you the security of your end-to-end communications, remember, that the safety of your communications also depends on you. Guard your communication device - Your BIOKODA account may be at risk someone gets hold of your device. If your device gets stolen or is lost, please do not hesitate to contact us - the account can be terminated remotely and thus securing your communications, visible on your device. BIOKODA shall not be held responsible in cases the device is stolen or lost and the security of the communications is therefore compromised.
You are also responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify BIOKODA of any unauthorized use of your account. Remember that even in the case you delete the messages of info about the calls you placed, from your mobile device, basically the same information will still exist on the mobile devices of the persons you communicated with.
We will notify you of any third party request for your information unless we are legally prohibited from doing so. Information shall be given to third party after receiving a lawful request. We are though not able to provide the third party with the information of the contents of your end-to-end communication.
You can deactivate your account at your convenience.
Software and Updates
Some use of our BIOKODA Services requires you to download a desktop software package ("Software"). BIOKODA hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software as a part of the BIOKODA Services, solely to access the BIOKODA Services, provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.
You may use the Software for one subscription account on up to 5 mobile devices under your control and exclusively for your personal or internal business use.
BIOKODA Property and Feedback
These terms do not grant you any right, title, or interest in the BIOKODA Services or Software. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the BIOKODA Services are protected by copyright, trademark, and other laws of the Republic of Slovenia. This EULA does not grant you any rights to use the BIOKODA trademarks, logos, domain names, or other brand features.
Acceptable Use Policy
You will not, and will not attempt to, misuse the BIOKODA Services, and will use the BIOKODA Services only in a manner consistent with the BIOKODA Acceptable Use Policy.
Although BIOKODA encourages you to use the BIOKODA Services, we reserve the right to suspend or terminate your account, if we assess you acted against our Acceptable Use Policy.
You agree that you will NOT use the BIOKODA Services to:
a. post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
b. to engage in activities like stalking, harassment, threatening or harming another;
c. pretend to be anyone, or any entity, you are not - you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another BIOKODA subscriber, BIOKODA employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (BIOKODA reserves the right to reject or block any user ID which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
d. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
e. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
f. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the BIOKODA Services (or any part thereof), or any other computer software or hardware;
g. interfere with or disrupt the BIOKODA Services (including accessing the BIOKODA Services through any automated means, like scripts or web crawlers), or any servers or networks connected to the BIOKODA Service, or any policies, requirements or regulations of networks connected to the BIOKODA Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
h. plan or engage in any illegal activity; and/or
i. gather and store personal information on any other users of the BIOKODA Service to be used in connection with any of the foregoing prohibited activities.
The BIOKODA Services may contain links to third-party websites, content or resources. BIOKODA does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with this EULA, in which case the open source provisions will apply.
You can stop using our BIOKODA Services any time. We reserve the right to suspend or end the BIOKODA Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with this EULA, or use the BIOKODA Services in any way that would cause us legal liability or disrupt others' use of the BIOKODA Services. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating this EULA, or danger to other users) where we may suspend immediately.
Limitation of liability - BIOKODA Services/WEB SITE
BIOCODED is Available "AS-IS". This website and all information, products and services on them are provided on an "as is" basis, without warranty of any kind, either express or implied. Your use of the BIOKODA Services and this website is at your own risk. The risk in BIOCODED shall pass to you on delivery. BIOKODA disclaims all warranties, express or implied, including without limitation, warranties of merchantability and fitness for a particular purpose.
BIOKODA disclaims liability for any direct, indirect, incidental, special, consequential, exemplary, punitive or other damages, or lost profits that may result directly or indirectly from the use of this website and any material that is downloaded or obtained through it.
Availability of the Service
While we will make all reasonable efforts to ensure that the BIOKODA Services are available at all times, BIOKODA does not guarantee, represent or warrant that your access to any of the BIOKODA Services will be uninterrupted or error-free. BIOKODA may change, suspend or discontinue any of the BIOKODA Services at any time. BIOKODA may also impose limits on the use of or access to certain features or portions of the Services, in any case without notice or liability.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BIOKODA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BIOKODA 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 THE SERVICES MORE THAN THE GREATER OF EUR10 OR THE AMOUNTS PAID BY YOU TO BIOKODA FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
Miscellaneous Legal Terms
THIS EULA AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY SLOVENIAN LAW. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE STATE COURT IN LJUBLJANA, SLOVENIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. This EULA constitutes the entire and exclusive agreement between you and BIOKODA with respect to the BIOKODA Services, and supersede and replace any other agreements, terms and conditions applicable to the BIOKODA Services. This EULA creates no third party beneficiary rights. BIOKODA's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement 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 in this EULA, and any such attempt is void, but BIOKODA may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the BIOKODA Services. BIOKODA and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Any trademarks, logos and service marks displayed on this website are the property of their owner BIOKODA. The trademarks are registered in both word and logo form. Any mark ending with the letters BIOKODA or BIOCODED is sufficiently similar to one or more of the trademarks that permission will be needed in order to use it.
The following BIOKODA products are legally protected:
- BIOKODA and BIOCODED Trademarks,
- Multiple pending Patents.
Neither of us will be in violation if the failure to perform the obligation is due to an event beyond our control (known as Force majeure or Vis maior), such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Any notice to be given under the agreement shall be sufficient if it is in writing, and delivered via registered or certified mail. Notice shall be deemed sent and received on the date of actual receipt at the other party's principal place of business.
Should you wish to contact BIOKODA with any questions, complaints or claims, with respect to the BIOKODA Service, you should visit the BIOKODA website at https://www.biocoded.com/contact.
The length of this document is to guarantee you and we both fully understand the scope and limitation of the Services and to avoid bad mood in one of the possible futures we hope to avoid.