1. The Manyverse app
1.1. This agreement applies to your use of the Manyverse app, if you downloaded it from Google Play or Apple’s App Store (the “Manyverse app”). It does not apply if you obtained the software from elsewhere.
1.2. The Manyverse app is Free / open source software licensed under the Mozilla Public License 2.0, and it is also available, in both source and executable forms, at https://www.manyver.se/. Nothing in this agreement attempts to alter or restrict your rights under the Mozilla Public License 2.0.
1.3. By using the Manyverse app, you are entering into this agreement. This agreement applies to the exclusion of any terms you supply, provide, or otherwise attempt to incorporate, and it supersedes all previous negotiations, understandings and representations.
1.4. If you do not agree to this agreement, you are not permitted to download or use the Manyverse app. If you have already downloaded the app and do not agree to this agreement, you must delete the Manyverse app immediately.
1.5. In this agreement, “I” means Andre 'Staltz' Medeiros, one of the developers of the Manyverse app.
2. It is free – use it at your own risk!
2.1. The Manyverse app is available free of charge, and you can download and use it without payment.
2.2. I provide the Manyverse app on an “as is” basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that it is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Manyverse app is with you. Should the Manyverse app prove defective in any respect, you assume the cost of any necessary servicing, repair, or correction. This disclaimer of warranty constitutes an essential part of this agreement. No use of the Manyverse app is authorized under this agreement except under this disclaimer.
2.3. Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall I, or any of the other developers of the Manyverse app, be liable to you for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from my negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to you.
2.4. This clause survives cancellation or termination of this agreement.
3. This is an app, not a service
3.1. The Manyverse app lets you communicate via the Secure Scuttlebutt protocol.
3.2. You are responsible for how you use the Manyverse app, what you communicate (i.e. your messages, pictures, files etc.), with whom you communicate using it, and how you do so. You must have any and all licences, rights, or other permissions that you require, for what you do with the Manyverse app. This also means that you are solely responsible for backing up your own content; we do not store your content.
3.3. I am not operating, or providing you with access to, a service. I am not responsible for anything you send or receive, or otherwise see or access, via the Manyverse app, and I have no control over, or visibility of, it.
4. Prohibited uses
4.1. You must not use the Manyverse app to threaten, harass, stalk, abuse, disrupt, or otherwise violate or infringe the rights (including but not limited to copyright, rights of privacy and publicity) of others; or to do anything which is contrary to the law in the country in which you are using the Manyverse app, or which could give rise to either or both civil or criminal liability for you or me (or both).
4.2. In particular, because you have downloaded the Manyverse app from Google Play, you must not use the Manyverse app in a way that breaches any of Google’s content policies, including for uses or content which
- 4.2.1. facilitates the exploitation or abuse of children;
- 4.2.2. is harmful or inappropriate;
- 4.2.3. is deceptive or harmful financial products and services; or
- 4.2.4. facilitates or promotes illegal activities.
5. Your right to use the Manyverse app
5.1. Nothing in this agreement transfers ownership of the Manyverse app to you.
5.2. If, and only if, you comply with this agreement, I grant you a non-exclusive, non-transferable, non-sublicenseable licence for the duration of this agreement to download, install, and use the Manyverse app on a device which you own or control solely for your own personal non-commercial purposes. For the iOS version of the Manyverse app, this licence permits you to use the Manyverse app only on an Apple-branded device, and only as permitted by the Apple’s usage rules set out in Apple’s “App Store Terms of Service”.
6. Feedback, comments and suggestions
6.1. I welcome feedback, comments and suggestions relating to the Manyverse app. You grant me a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable licence under any and all intellectual property rights that you own or control to do whatever I want with your feedback, comments and suggestions.
6.2. This clause survives cancellation or termination of this agreement.
7. Ending this agreement
7.1. You can stop using the Manyverse app whenever you want, and you don’t have to tell me.
7.2. I may terminate this agreement immediately if:
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7.2.1. I am entitled to do so under this agreement;
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7.2.2. you commit a material breach of an obligation under this agreement;
7.3. If I terminate this agreement, you must delete the Manyverse app from your device(s).
7.4. Termination of this agreement will not affect any rights, obligations or liabilities of either party that have accrued before termination or that are intended to continue to have effect beyond termination.
8. Indemnification
8.1. You indemnify me and hold me and the Manyverse developers harmless, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with any of the following:
- 8.1.1. your use of the Manyverse app;
- 8.1.2. your infringement of our rights, including our intellectual property rights; or
- 8.1.3. your breach of this agreement.
9. Variations
9.1. I can vary this agreement at any time. If I make any changes to the terms of the agreement, I will take reasonable steps to tell you, and I may require you to affirmatively accept the new terms before continuing to use the Manyverse app.
9.2. I am always looking for ways to improve the Manyverse app. Sometimes, this means adding new features. Sometimes, this means taking away or discontinuing features, or changing the way features work. I can make any changes I wish, at any time, without notice to you.
10. Events outside reasonable control
10.1. Neither party will be liable to the other for any delay or failure in the performance of that party’s obligations caused by events outside that party’s reasonable control.
11. Governing law and jurisdiction, and disputes
11.1. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed at all times in accordance with the laws of Finland and the parties submit to the exclusive jurisdiction of the courts of Finland that by law have jurisdiction over such a dispute.
11.2. This clause survives cancellation or termination of this agreement.
12. General terms
12.1. No-one other than you or me has any rights under this agreement.
12.2. If any part of this agreement is found to be invalid or unenforceable by any court, this will not affect the other provisions of this agreement and those provisions will remain in full force and effect.
12.3. If a party fails to exercise a right or remedy, this will not prevent that party from exercising that right or remedy subsequently for that or any other incident.
12.4. A waiver of any breach or provision of this agreement is only effective if made by email or in other writing.
12.5. I may assign, transfer, charge, sub-contract or deal in any other manner with any of my rights or obligations under this agreement. You may not do these things without my prior written consent.
12.6. Nothing in this agreement establishes any partnership, joint venture, or agency. You shall not hold yourself out as being an agent, partner, representative or otherwise being entitled to bind my.
12.7. This clause survives cancellation or termination of this agreement.
13. Terms which Apple requires me to include
13.1. This clause 13. applies only in respect of the Manyverse app for Apple devices.
13.2. This agreement is concluded between you and my only, and not with Apple. I (and not Apple) am solely responsible for the Manyverse app.
13.3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Manyverse app.
13.4. In the event of any failure of the Manyverse app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Manyverse app to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Manyverse app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
13.5. I, not Apple, am responsible for addressing any claims of you or any third party relating to the Manyverse app or your and/or use of the Manyverse app, including, but not limited to: (i) product liability claims; (ii) any claim that the Manyverse app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
13.6. In the event of any third party claim that the Manyverse app or your possession and use of the Manyverse app infringes that third party’s intellectual property rights, I, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
13.7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13.8. You must comply with all applicable third-party terms of service when using the Manyverse app.
13.9. Apple, and Appleʼs subsidiaries, are third party beneficiaries of this agreement. Apple has the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary of this agreement.