1         Definitions

1.1        Introduction

• Hyperlane is a cross platform service for the secure exchange of messages and communication within communities between users and is available on Android and iOS.

• Hyperlane is provided by Perite GmbH.

1.2        Scope

• These Terms of Service regulate the contractual relationship between Perite GmbH as the Provider of the Hyperlane App (hereafter “Provider”) and the users of the service (individual or organizational), hereafter referred to as "Customer".

• These Terms of Service apply to all rights and obligations of the contractual parties in the use of the Hyperlane App.

• Deviating agreements on specific provisions shall be invalid unless agreed upon in writing.

1.3        Licensing

• The Provider grants the Customer a non-exclusive, non-transferable and revocable licence to use the Service and the necessary software (hereafter the "App") under the purpose of this contact for the duration of this agreement in accordance with these terms and conditions.

• Unless permitted through the App or via a separate contractual agreement, this license does not include the right tolicense, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content; modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or access the Services or Content in order to build a similar or competitive website, product, or service,

• For using this App, the Customer acquires rights of access. A valid right of access is required for each user of the service. The corresponding access credentials will be handed over to the user either as individual credentials on a per-user basis or as one single pair of credentials for all users of the entity.

• Valid rights of access entitle the Customer to download the app required for the use of the service and to activate the app by entering the access credentials. Valid rights of access must exist for each installed and activated instance of the app.

• The app may only be used for the purpose of accessing the Hyperlane platform. The service may only be accessed with software that has been approved by the Provider for use with the service.

2         Obligations of the Customer

2.1        General Obligations

• By using the App, the Customer explicitly accepts these terms of service and agrees to be bound by all herewith defined regulations and conditions.

• The Customer cannot impersonate or in any other form provide inaccurate information leading to unlawful, misleading or fraudulent purpose.

• The Customer cannot use the App to sell accounts or in any other form solicit services that are based on the use of the App, unless specifically defined in a contractual agreement with the Provider.

• The Customer will not attempt and actively prevent unauthorized use of the Service and promptly notify the Provider of any unauthorized use or access.

• The Customer shall indemnify the Provider against any third party claims that are made due to violation of the rights of the third party on the part of the Customer or due to culpable legal infringements or breaches of contract on the part of the Customer against the Provider.

• Customers are solely and entirely responsible for all of the messages and files that they post or otherwise submit via the Service. Customers shall assume all risks associated with the use of said content including any reliance on the accuracy, completeness or usefulness. The Provider does not guarantee the accuracy, integrity or quality of their messages or files.

• As part of the User Terms, Customers acknowledge and agree that by accessing or using the App, they may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.

• The Customer must be of at least 18 (eighteen) years of age to use the App and join communities or at a greater age, if required in their country to register for use of the App.

2.2        Communities

• Unless stated otherwise in a separate agreement between the Customer and the subsequent users (e.g. an employment contract), community owners cannot claim intellectual property rights over communities, or any content or files which other Customers have uploaded to the community.

• Customers retain the right to the materials they share in communities unless explicitly declaring that they void this ownership.

• Customers are responsible to ensure they retain all relevant rights to the materials they are posting. By posting or uploading their messages or files, Customers therefore warrant that they own or otherwise control all of the intellectual property rights and other rights to their user materials, including all the rights necessary for them to post or upload said messages or files.

• The Customer acknowledges and agrees that the Provider has no liability of any kind should any others Customers, who are granted access to messages or files, modify, destroy, corrupt, copy or distribute them, or violate the terms of use or other limitations that the Customers may impose on the use of their shared content.

• The Customer may pre-screen posts or files to prevent spam and other abuse if legally obliged to do so. Messages or files may be removed from the community for any reason without notice at the discretion of either the Provider or the Community Administrators.

• Customers can be nominated as administrators or scouts of a community. This is an unofficial, voluntary position that may be available to all Customers of the Services. The Provider is not responsible for actions taken by admins or scouts in a community. The Provider does reserve the right to revoke or limit a Customers' access and role in a community at any time and for any reason or no reason, including for a breach of these terms.

• The community administrators must themselves comply with these Terms and ensure that their community members comply with both these Terms and the Customers Terms set for the community as well. The Provider may review Customer conduct or community rules for compliance purposes, but has no obligation to do so. The Provider is not responsible for the content of the Customer's data, or the way the Customer and Community members decide to use the App and the content of their communities.

• Suspected copyright violations can be reported in writing to support@hyperlane.org. Should there be evidence of a copyright violation, the Providers reserves the right to remove all infringing material upon gaining knowledge of the violation and can, in severe cases, terminate service for the respective Customer in violation.

3         Provider Rights and Services

• The Provider shall deliver their Service according to the current state of the art. In particular, the Provider shall endeavor to deliver all posts and messages interfaced through him without delay.

• The Provider may update the App from time to time. New functions may be introduced and existing functions may be replaced by new ones or removed from the system.

• Customers can choose from different products and the Provider is obliged to supply the services defined in these product packages. However, the Provider reserves the right to amend the scope of services at any time or adjust them if necessary.

• A guaranteed availability of the vendor-supplied service is not given in this agreement but possibly defined in the description of the offer package or in the form of a separately formed agreement.

• In the event of a culpable violation of provisions of law or these Terms of Service by a user or third party attributable to the Customer, the Provider is entitled to temporarily block the Services for this Customer, either in whole or in part.

• The Provider maintains the right for removal of any materials or statements that are in violation of these terms or law in the respective relevant jurisdiction.

4         Paid Services and Termination

• For paid functions and components of the App, the payment of fees is to be made in advance. In case of recurring fees, the respective amount will be billed annually.

• The contract is effective for the period of one year and shall be extended automatically for another year at the regular rates unless it is duly terminated by one party. No further charges will apply, where a one-time fee was agreed.

• Both parties can terminate the agreement latest 90 days prior to the expiration of the annual contract duration. Termination has to be made in writing to support@hyperlane.org

• In the event of premature termination, any prior payments made within the scope of this contract are non-refundable.

• The current table of applicable fees may be found on the Hyperlane.org homepage. The Provider reserves the right to adjust said fees and/or tariff levels at any time as per any changing conditions.

• Fees are non-refundable except as required by law.

• The Customer is responsible for providing all necessary information for the billing. The Provider reserves the right to suspend or terminate the Services if fees are overdue.

• The Customer is responsible for all taxes. The Provider will charge tax when required to do so by law.

5         Breach of Terms

• If the Customer breaches any of the terms and conditions in this document or any relevant legal requirements in the application jurisdiction, the Provider reserves the right for immediate termination of service.

• Equally, if the Provider breaches any obligations listed in these Terms, the Customer may terminate an existing contract with immediate effect.

• Every Customer is responsible for any breaches of the Terms of Service they cause. The Provider may terminate the service immediately if there is reasonable belief that the Services are being used by the Customer or its Authorized Users in violation of applicable law.

• Any illegal content, and in particular any content containing or promoting indecent images/depictions of children, are utterly prohibited on the App. When the Customer becomes aware of such content, they are responsible for reporting it immediately, so the Provider can refer the details to the relevant authorities. If the Customer has found an account or community being used for the distribution or promotion of child sexual exploitation or any illegal content, this must be shared immediately via support@hyperlane.org.

• If the Provider believes that there is a violation of these terms, which can be simply remedied by the removal of some of the Customer's or User's data, or by disabling a third-party product, the Provider will ask the Customer to take this action. However, if the Customer does not comply or when the Provider has reason to believe there is a credible risk of harm to the Provider, the Service, others Users or any third parties, direct action will be taken.

6         Data Privacy and Security

• Personal data collected in relation to with the Use of the App will be processed exclusively in accordance with the applicable legal regulations, EU Regulation 2016/679 (GDPR), and in accordance with the Hyperlane Privacy Policy.

• The Provider has no means to access and review chat content or community content due to the applied user management and encryption protocols and cannot be held liable for the content.

• The Provider processes the data in accordance with the relevant legislation. Chat messages and included files are exclusively stored in an end-to-end encrypted form and deleted immediately after delivery. Community posts, due to the wider access by all community, are not stored in encrypted format and access depends on the security settings for the respective community. Customers are responsible for the privacy and legality of the content they post in these groups.

• The Customer and Provider both oblige to fully comply with the legal provisions related to the handling of personal data.

7         Disclaimer and Limitation of Liability

• The App is provided as is and the Provider does not guarantee it will be safe or functional at all times. To the extent permitted by applicable legislation, the Provider also disclaims all warranties, whether explicit or implied, including the warranties of merchantability, fitness for purpose and non-infringement.

• Under no circumstances and no theory of liability, including, but not limited to, negligence, warranty, or contract, will the Provider be liable for any direct, indirect, consequential, or incidental or punitive damages resulting from or relating to these terms of service or the use of the app. This includes any content made available on the App that is alleged to be defamatory, offensive or illegal. Customers access and use the App at their own discretion and risk and are solely responsible for any damage to their devices or computer systems or any loss of data.

• The delivery of direct messages or posts in communities may be delayed or prevented by circumstances that are beyond the control of the Provider. These include (but are not limited to): no data reception, no network connection to the Internet or the app, internet interferences of any kind (routing, DNS, governmental restrictions etc.), App-Store restrictions, hardware or software failures, denial-of-service attacks or other malicious hacking attempts. Any liability with respect to limited usability of the Service caused by circumstances specified in section is explicitly excluded by the Provider to the fullest extent permitted by law in the applicable jurisdiction.

• Under no circumstances can the Provider be held liable for damages to Customers or third parties arising from the use or inability to use the Service or the software. Any claims for damages (of all kind) are explicitly excluded to the fullest extent permitted by law in the applicable jurisdiction.

8         Miscellaneous

8.1        Changes to these terms

• The Provider reserves the right to modify these Terms of Service. The Customer will be informed of any changes on the hyperlane.org website or via the App itself. The new Terms of Service shall be deemed tacitly accepted on the part of the Customer in absence of a written reproach within 30 days.

• If one or more provisions of these Terms of Service are invalid, the validity of the entire Agreement shall not be affected. The invalid provision shall be replaced by the relevant statutory provision.

8.2        Jurisdiction

• Place of jurisdiction shall be the competent court at the place of business of the Provider.

• In the event of discrepancies between the German and English version of these Terms of Service, the English version takes precedence.