Session Legal

Session App – Terms of Service

This page explains the terms you agree to when you use the Session App as released by the Loki Foundation. This document comprises the Terms of Service, and End User License Agreement. To learn about our data privacy practices, visit the Session Privacy Policy. If you have any concerns about these terms, we’d love to hear from you, reach out to us via our email, [email protected].

Session General Terms of Service

LAG Foundation Ltd (“Session”, “We”) utilizes state-of-the-art security and end-to-end encryption to provide private messaging and other services to users worldwide. The user (“you”) agrees to our Terms of Service (“Terms”) by installing or using our apps, services, or website (together, “Services”).

Our Services

Keeping Your Account Secure — Session embraces privacy by design and does not have the ability to access your messages. You are responsible for keeping your device and your Session account safe and secure. If you lose your phone, follow the steps in our documentation to re-register for our Services. 

Privacy of user data — Session does not sell or otherwise monetise your personal data or content in any way. Session couldn’t sell your data even if we wanted to, as the Session application preserves the privacy and secrecy of your messages. Please read our Privacy Policy to understand how we safeguard the limited information which is generated when you use our Services. For the purpose of operating our Services, you agree to our data practices as described in our Privacy Policy, as well as the transfer of your encrypted information to the Service Node network.

Software — In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Services. We strongly recommend you install the most recent version(s) of the Session application, as we can not guarantee the compatibility, stability, or security of older versions.

Fees and Taxes — You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services.

Our Terms and Policies — You must use our Services according to our Terms and posted policies. If We (or the network) block your device for a violation of our Terms, you will not create another account without our permission.

Minimum Age — You must be at least 13 years old to use our Services. The minimum age to use our Services without parental approval may be higher in your country of residence.

Legal and Acceptable Use — You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of Session, our users, or others, including privacy, publicity, intellectual property, or other rights; (b) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and auto-dialing; (c) involve the distribution of morally objectionable content in any way shape or form.

Harm to Session — You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Session, our Services, or systems. For example you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; or (e) sell, rent, or charge for our Services.

No Access to Emergency Services — Our Services do not provide access to public emergency service providers like the police, fire department, hospitals, or other public safety organizations. Make sure you contact local emergency service providers through a mobile, fixed-line telephone, or other service.

Third-party services — Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services, including Open Groups run by third parties. When you use third-party services, their terms and privacy policies govern your use of those services.

Open Group Chats — You may use Open Groups run by Session in accordance with these Terms of Service, however, you also agree to follow the rules of the Open Group, and Session may restrict or block your access to these chats at any time. 

Your Rights and License with Session

Your Rights — You own the information you submit through our Services. We can not access this information unless you explicitly send it to us, or it is published in an Open Group.

Session’s Rights — We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact [email protected]

Session’s License to You — Session grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.

Disclaimers and Limitations

Disclaimers — YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. Session DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “SESSION PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

Limitation of Liability — THE SESSION PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SESSION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED TEN DOLLARS ($10). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE SESSION PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Availability of Our Services — Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.

Resolving Disputes and Ending Terms

Resolving disputes — You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in the state of Victoria, Australia. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of Australia govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between Session and you, without regard to conflict of law provisions.

Ending these Terms — You may end these Terms with Session at any time by deleting Session from your device and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for Session. The following provisions will survive termination of your relationship with Session: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and “General”.

General

Session may update the Terms at any time. When We update our Terms, We will update the “Last Modified” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior agreed Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and Session regarding our Services. If you do not agree with our Terms, you should stop using our Services.

If We fail to enforce our Terms, We do not waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. If you have specific questions about these Terms, please contact us at [email protected]

Session iOS – End User License Agreement

By using the Session iOS app (“App”), you not only agree to the Terms of Service and Privacy Policy of Session, but also this End User License Agreement (“EULA”).

  1. Acknowledgement: You acknowledge that this EULA is concluded between LAG Foundation Ltd (“Session”), and not with Apple, Inc (“Apple”), and Session, not Apple, is solely responsible for the Licensed Application and the content thereof.
  2. Scope of License: Subject to your compliance with our Terms of Service, Session grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App.
  3. Maintenance and Support: Session provides no guarantee that We will supply you with maintenance or support beyond what already exists on our documentation and github pages. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  4. Warranty: Our warrant can be found in our Terms of Service, which you agree to. In the event of any failure of the Licensed Application to conform to the warranty, You may notify Apple, and Apple will refund the purchase price for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be handled in accordance with the Session Terms of Service.
  5. Product Claims: Session, and not Apple, is responsible for addressing any claims relating to the App or its use, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This is handled in accordance with the Session Terms of Service.
  6. Intellectual Property Rights: Session, and not Apple, is responsible for all intellectual property issues associated with the app. This is covered in our Terms of Service. 
  7. Legal Compliance: You represent and warrant that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address: If you have questions about the Terms of Service or this EULA, you may email [email protected] (LAG Foundation Ltd, Level 1 452 Flinders Street Melbourne VIC 3000 Australia) 
  9. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the App, if any such third party applications exist.
  10. Third Party Beneficiary: Session and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon Your acceptance of the Terms of Service and this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.
  11. Unacceptable Content: You acknowledge that you are subject to acceptable content policies within Open Groups and other areas on the app and must not use the App to distribute objectionable content. If you are deemed an abusive user you may also be restricted or removed from Groups or the App if reported or discovered.

Conclusion

This page outlines the Terms of Service for the Session app, services, and website, as well as the End User License Agreement for iOS. If you’d like to read more about how we handle your privacy, you can check out the Session privacy policy. If you have any questions, opinions, or concerns about Session’s Terms, please get in touch with us via email at [email protected]

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Session is an end-to-end encrypted messenger that removes sensitive metadata collection, and is designed for people who want privacy and freedom from any forms of surveillance.

Friends don’t let friends use compromised messengers.

Sign up to the mailing list and start taking action!

Join the movement to keep the internet private!

Chat with like-minded individuals in Sessions Open Group Channel.

Session is an end-to-end encrypted messenger that removes sensitive metadata collection, and is designed for people who want privacy and freedom from any forms of surveillance.