├── .gitignore ├── docs ├── ems │ ├── README.md │ ├── recruitment_privacy.md │ ├── cookie_policy.md │ ├── privacy_notice.md │ ├── user_terms_of_service.md │ └── terms_and_conditions.md ├── matrix-org │ ├── exceptional_erasure_policy.md │ ├── copyright_notice.md │ ├── code_of_conduct.md │ ├── terms_and_conditions.md │ └── privacy_notice.md └── identity-server │ └── privacy_notice.md ├── data └── new_vector.json ├── package.json ├── scripts ├── long_lines.sh └── versions.py ├── README.md └── vector-im-policies └── docs └── ems └── terms_and_conditions.md /.gitignore: -------------------------------------------------------------------------------- 1 | node_modules/ 2 | build/ 3 | versions/ 4 | -------------------------------------------------------------------------------- /docs/ems/README.md: -------------------------------------------------------------------------------- 1 | # Element website policy documents 2 | 3 | Documents in this directory describe: 4 | - Legal and privacy documentation in the element.io website 5 | 6 | 7 | -------------------------------------------------------------------------------- /data/new_vector.json: -------------------------------------------------------------------------------- 1 | { 2 | "code_of_conduct_uri": "https://matrix.org/legal/code-of-conduct", 3 | "policy_homeserver": "Matrix.org", 4 | "privacy_policy_uri": "https://matrix.org/legal/privacy-notice", 5 | "riot_link_text": "https://riot.im", 6 | "riot_link_uri": "https://riot.im/app" 7 | } 8 | -------------------------------------------------------------------------------- /package.json: -------------------------------------------------------------------------------- 1 | { 2 | "name": "policies", 3 | "version": "1.0.0", 4 | "description": "Policy documents for services run by New Vector", 5 | "scripts": { 6 | "build:mkdir": "rm -rf build && mkdir -p build && cd docs && find . -type d | cpio -pd ../build", 7 | "build:genhtml": "echo \"Converting md -> HTML:\"; for filename in $(cd docs && find . -name '*.md' | grep -v \"README.md\"); do echo \" - $filename -> build/${filename%???}.html\"; markdown-it docs/$filename > build/${filename%???}.html; done", 8 | "build": "npm run build:mkdir && npm run build:genhtml" 9 | }, 10 | "repository": { 11 | "type": "git", 12 | "url": "git+https://github.com/vector-im/policies.git" 13 | }, 14 | "author": "Thomas Lant", 15 | "dependencies": { 16 | "markdown-it": "^12.3.2" 17 | } 18 | } 19 | -------------------------------------------------------------------------------- /scripts/long_lines.sh: -------------------------------------------------------------------------------- 1 | #!/bin/sh 2 | # 3 | # Quick-and-dirty script to fold long paragraphs but leave title text alone. 4 | # Can be used as a git pre-commit hook. 5 | 6 | if [[ "$1" == "--all" ]]; then 7 | CHANGED_FILES=$(find docs -name '*.md') 8 | else 9 | CHANGED_FILES=$(git diff --staged --name-only | grep "^.*\.md\$") 10 | fi 11 | 12 | FILES_CONTAINING_LONG_LINES=() 13 | for FILE in $CHANGED_FILES; do 14 | if [ "$(grep "^[^#].\{80\}" $FILE | wc -l)" -gt 0 ]; then 15 | FILES_CONTAINING_LONG_LINES+=( "$FILE" ) 16 | fi 17 | done 18 | 19 | if [ "$FILES_CONTAINING_LONG_LINES" != "" ]; then 20 | echo "Warning: Long lines of paragraph text identified" 21 | echo "================================================" 22 | for FILE in ${FILES_CONTAINING_LONG_LINES[@]}; do 23 | echo " $FILE" 24 | done 25 | exec < /dev/tty 26 | read -p "Do you want to fix? (Long titles will not be modified; default no):" MODIFY 27 | shopt -s nocasematch 28 | for FILE in $FILES_CONTAINING_LONG_LINES; do 29 | TEMPFILE=$(echo "/tmp/`basename $FILE`.`date +%s`.tmp") 30 | while IFS= read -r LINE; do 31 | if [[ $LINE == "#"* ]]; then 32 | echo $LINE >> $TEMPFILE 33 | else 34 | echo $LINE | fold -s -w 80 >> $TEMPFILE 35 | fi 36 | done < $FILE 37 | mv $TEMPFILE $FILE 38 | done 39 | fi 40 | exit 1 41 | -------------------------------------------------------------------------------- /README.md: -------------------------------------------------------------------------------- 1 | # policies 2 | 3 | Policy documents for services run by New Vector Ltd (trading as Element) 4 | 5 | ## Versioning 6 | 7 | Documents are versioned using semver: 8 | 9 | - Major bump - significant change requiring subjects' specific re-acknowledgement/acceptance 10 | - Minor bump - notable change in text, but not something that would require subjects' specific attention 11 | - Patch bump - fixing a typo 12 | 13 | Versioning metadata is stored in the top of the policy doc - each doc has a metadata segment inspired by gatsby that looks something like: 14 | 15 | ``` 16 | --- 17 | title: Document Title 18 | version 1.0.0 19 | --- 20 | ``` 21 | 22 | Identity servers and integration managers manage tracking subjects' 'accepted terms' by tracking the URL representing those terms - it is therefore *imperative* that any generated links to docs include the major version _and only the major version_ (e.g. https://example.com/document-title-1) so that only a change in the major version triggers the 're-optin' flow. 23 | 24 | ### Versioning Tooling 25 | 26 | `/scripts/versions.py` will mine the github commit history for a given document and output a file representing the most recent state of that document for each numbered version. `versions.py` doesn't handle templating or markdown->html. 27 | 28 | To apply this to all of the policy docs: 29 | 30 | ``` 31 | for FILE in $(find docs -name '*.md' | grep -v README.md); do ./scripts/versions.py $FILE; done; 32 | ``` 33 | 34 | ## Templating 35 | 36 | Most of these files are templated using `{{ variable_name }}`, to be digested by ansible/jinja2 somewhere down the line for deployment to different instances. To apply Element data to the templates, you can use [jinja2-cli](https://pypi.org/project/jinja2-cli/): 37 | 38 | ``` 39 | $ jinja2 ~/path/to/new_vector.json --format=json 40 | ``` 41 | 42 | ## Turning the Markdown into HTML 43 | 44 | This section needs some work. You can generate a full set of html docs from the .md source using: 45 | 46 | ``` 47 | npm run build 48 | ``` 49 | 50 | This will create a `/build` directory with a folder structure mirroring `/docs`, with a .html file in place of every .md file. 51 | 52 | At the moment this does not play nicely with `versions.py`, and it is questionable whether it is a good idea at all to have a build system as part of the docs repo when, in some instances at least (such as the matrix.org website) what's needed is a markdown file that gatsby will then ingest. 53 | -------------------------------------------------------------------------------- /docs/ems/recruitment_privacy.md: -------------------------------------------------------------------------------- 1 | --- 2 | title: Element Recruitment Privacy Notice 3 | version: 1.0.0 4 | --- 5 | 6 | We are committed to protecting and respecting your privacy. This Recruitment Privacy Notice is intended to be read alongside the [Element Privacy Policy](https://element.io/privacy), which details how we store your information and how you can action your rights under the GDPR. This notice sets out the basis on which the personal data collected from you, or that you provide to us, will be processed by us in connection with our recruitment processes. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. 7 | 8 | For the purpose of the General Data Protection Regulation (“GDPR”) and the Data Procetion Act 2018 ("DPA18") the Data Controller for your data is Element, a trading name of New Vector Ltd. 9 | 10 | 11 | ## Your personal information 12 | 13 | ### Information we collect from you 14 | 15 | We collect and process some or all of the following types of information from you: 16 | 17 | 1. Information that you provide when you apply for a role. This includes information provided through an online job site, via email, in person at interviews and/or by any other method. 18 | 1. In particular, we process personal details such as name, email address, address, date of birth, qualifications, experience, information relating to your employment history, skills and experience that you provide to us. 19 | 1. If you contact us, we may keep a record of that correspondence. 20 | 1. Details of all actions that you carry out through the process. 21 | 22 | ### Information we collect from other sources 23 | 24 | On application we may wish to follow links provided by you directly or indirectly to publicly available information that you have published on the internet – this may include sources such as Github and other social media profiles. 25 | 26 | ### Uses Made Of Your Information 27 | 28 | Lawful basis for processing 29 | 30 | We rely on legitimate interest as the lawful basis on which we collect and use your personal data, when it relates to recruitment. For information about how we use other categories of data, please see our [Privacy Policy](https://element.io/privacy) 31 | Purposes of processing 32 | 33 | *We use information held* 34 | 35 | * To consider your application in respect of a role for which you have applied. 36 | * To consider your application in respect of other roles. 37 | * To communicate with you in respect of the recruitment process. 38 | * To enhance any information that we receive from you with information obtained from third party data providers. 39 | * To find appropriate candidates to fill our job openings. 40 | 41 | 42 | All questions, comments and requests regarding this Privacy Notice should be addressed to [dpo@element.io](mailto:dpo@element.io) 43 | -------------------------------------------------------------------------------- /docs/matrix-org/exceptional_erasure_policy.md: -------------------------------------------------------------------------------- 1 | --- 2 | title: {{ policy_homeserver }} Policy for Exceptional Exercising of Right To Erasure on State Events 3 | version: 1.0.0 4 | --- 5 | 6 | ## 1. Introduction 7 | 8 | Where you read *New Vector*, *New Vector Ltd.* or *we *or* us* below, it refers to the company we created in July 2017 to hire the Matrix core team and support Matrix's development and so run the {{ policy_homeserver }} homeserver: New Vector Ltd., and its French subsidiary: New Vector SARL and their agents. **This policy does not apply to Matrix servers run by anyone else - Matrix is an open network like the Web and this policy only applies to the server ({{ policy_homeserver }}) provided by New Vector Ltd.** 9 | 10 | The legal basis for our processing Personal Data, the reasons for there being restrictions upon users' ability to exercise their *Right to Erasure (Right to be Forgotten)* upon state events, and the description of those restrictions, are detailed in the [full {{ policy_homeserver }} Privacy Notice]({{ privacy_policy_uri }}). 11 | 12 | This document serves to detail how we decide what to do in the event of the interests of an individual user appearing to be in conflict with the broader societal interests. 13 | 14 | ## 2. How we decide 15 | 16 | As described in the [full {{ policy_homeserver }} Privacy Notice]({{ privacy_policy_uri }}), erasing state events is very damaging to the integrity of a Matrix conversation. 17 | 18 | Erasing a state event may result in our needing to erase the entire conversation at the same time. Deciding whether to take this drastic step will require a balancing exercise to be carried out at the time of the request, and will depend on: 19 | 20 | * the nature of the Personal Data that the user is requesting to be erased; 21 | 22 | * how many other users would have their fundamental rights and freedoms put at risk if the Right to Erasure were to be exercised 23 | 24 | * to what degree these other users would have their fundamental rights and freedoms put at risk if the Right to Erasure were to be exercised 25 | 26 | The Personal Data contained in a state event is usually limited to the username, the timestamp and the conversation in which the state event was issued. State events only represent that a user participated in a given conversation at a given time. It is rare that this data is sensitive enough to warrant its erasure given the drastic impact this will have on other users. 27 | 28 | Each case will be decided based on the factors listed above. In most situations we will not erase state events. In extreme situations, where not erasing state events will place people at material risk of harm, we may choose to erase state events or remove the entire conversation. 29 | 30 | ## 3. Contacting Us 31 | 32 | If you would like us to consider erasing state events containing your Personal Data, please get in touch at [support@matrix.org](mailto:support@matrix.org). 33 | 34 | -------------------------------------------------------------------------------- /docs/matrix-org/copyright_notice.md: -------------------------------------------------------------------------------- 1 | --- 2 | title: {{ policy_homeserver }} Copyright Notice 3 | version: 2.0.0 4 | --- 5 | 6 | When you read 'the {{ policy_homeserver }} homeserver' or 'the Service' below, it refers to the services made available at **{{ policy_homeserver }}** which store your account and personal conversation history, provide services such as bots and bridges, and communicate via the open Matrix decentralised communication protocol with the public Matrix Network. 7 | 8 | If the terms of this copyright notice are not acceptable, please use a Matrix server provided by someone else! 9 | 10 | ## Reporting Claims of Copyright Infringement 11 | 12 | We take claims of copyright infringement seriously. This policy deals with what to do if you believe that any user contributions violate your copyright. It is our policy to terminate the user accounts of repeat infringers. 13 | 14 | We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible via the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: 15 | 16 | * Your physical or electronic signature. 17 | 18 | * Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website or in connection with the Services, a representative list of such works. 19 | 20 | * Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. 21 | 22 | * Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address). 23 | 24 | * A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law. 25 | 26 | * A statement that the information in the written notice is accurate. 27 | 28 | * A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 29 | 30 | Our designated Copyright Agent to receive DMCA Notices is: 31 | 32 | Matthew Hodgson 33 | c/o Element 34 | 10 Queen Street Place 35 | London 36 | United Kingdom 37 | EC4R 1AG 38 | 39 | By email: dmca@matrix.org 40 | 41 | If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. 42 | 43 | Please be aware that if you knowingly materially misrepresent that material or activity on the Website or in connection with the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. 44 | 45 | ### Counter-notification procedures 46 | 47 | If you believe that material you posted on the Website or using the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our Copyright Agent. Pursuant to the DMCA, the Counter-Notice must include substantially the following: 48 | 49 | * Your physical or electronic signature. 50 | 51 | * An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. 52 | 53 | * Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address). 54 | 55 | * A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. 56 | 57 | * A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website or Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Website or Services with the complaint at issue. 58 | 59 | The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. 60 | 61 | Please be aware that if you knowingly materially misrepresent that material or activity on the Website or provided in connection with the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. 62 | 63 | ### Repeat infringers 64 | 65 | It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. 66 | 67 | ### Version history 68 | 69 | 1.0.0 - first version of document - August 2018 70 | 1.1.0 - adding metadata and removing slugs - September 2019 71 | 1.2.0 - rebrand changes - July 2020 72 | 1.2.1 - legal entity details fix - August 2022 73 | 2.0.0 - add Element German legal entity - June 2023 74 | 75 | -------------------------------------------------------------------------------- /scripts/versions.py: -------------------------------------------------------------------------------- 1 | #!/usr/bin/python 2 | from __future__ import print_function 3 | import os 4 | import sys 5 | import argparse 6 | from subprocess import check_output 7 | from collections import namedtuple 8 | 9 | parser = argparse.ArgumentParser( 10 | description=('Should be run from the root of the git repo. Given a source ' 11 | 'policy document, will spelunk the git commit history to find ' 12 | 'the most recent commit for every version number, and generate ' 13 | 'an instance of the document containing the policy text at that' 14 | ' point in time. The version number will be inserted into the ' 15 | 'filename (immediately prior to the file extension). Will ' 16 | 'overwrite any existing files blindly. Will not delete output ' 17 | 'from previous executions.')) 18 | parser.add_argument('filepath', 19 | help=('File path to the source policy file from which to generate' 20 | ' the versions.')) 21 | parser.add_argument('--destination', default='versions', 22 | help='Destination root to output the versioned files') 23 | parser.add_argument('--unversioned', default=None, 24 | help=('Version number to use for unversioned commits. Defaults to' 25 | 'None, which causes no file to be generated for policy commits ' 26 | 'without version information')) 27 | args = parser.parse_args() 28 | 29 | Version = namedtuple('Version', ['commit', 'meta', 'text']) 30 | 31 | # If an old commit represents a given version of the doc, but we didn't include 32 | # the proper metadata at the time: 33 | SPECIAL_CASES = { 34 | ('docs/matrix-org/privacy_notice.md', u'e18d9496a02f4da40a823adadfefc54c5dd5f3b9'): 35 | {'version': '1.0.0', 36 | 'title': 'title: {{ policy_homeserver }} Homeserver Privacy Notice'} 37 | } 38 | 39 | def list_commits(filepath): 40 | command_output = check_output(['git', 41 | 'log', 42 | '--reverse', 43 | '--format=%H', 44 | filepath]).decode('utf-8') 45 | commits = [row for row in command_output.split('\n') 46 | if row.strip()] 47 | return commits 48 | 49 | 50 | def parse(text): 51 | """Metadata, if present, appears at the top of the markdown file, as key/value 52 | pairs, sandwiched between two rows of `---`, e.g.: 53 | ``` 54 | --- 55 | key1: value1 56 | key2: lorem ipsum 57 | --- 58 | ``` 59 | """ 60 | 61 | # Remove any preceeding empty lines:" 62 | while not text[0].strip(): 63 | text.pop(0) 64 | index = [i for i, j in enumerate(text) if j == '---'] 65 | 66 | if len(index) != 2: 67 | return ({}, text) 68 | 69 | [metastart, metaend] = index 70 | if metastart != 0: 71 | return ({}, text) 72 | 73 | # Ladies and gentlemen - we have a file with meta. 74 | meta = dict([[x.strip() for x in line.split(':')] 75 | for line 76 | in text[metastart+1:metaend]]) 77 | return (meta, text[metaend+1:]) 78 | 79 | 80 | def get_version(filepath, commit): 81 | command_output = check_output(['git', 82 | 'show', 83 | '%s:%s' % (commit, filepath)]).decode('utf-8') 84 | # Either subprocess or git show is adding an extra newline at the end; let's 85 | # get rid of it. 86 | text = command_output.split('\n')[0:-1] 87 | 88 | if (filepath, commit) in SPECIAL_CASES: 89 | return Version(commit=commit, 90 | meta=SPECIAL_CASES[(filepath, commit)], 91 | text=text) 92 | 93 | meta, metaless_text = parse(text) 94 | return Version(commit=commit, 95 | meta=meta, 96 | text=metaless_text) 97 | 98 | 99 | def versioned_filename(filepath, version): 100 | """Turns `path/to/filename.txt` into `filename.version.txt`""" 101 | filename = os.path.basename(filepath) 102 | name, extension = filename.rsplit('.') 103 | return '%s-%s.%s' % (name, version, extension) 104 | 105 | 106 | def compare_version_strings(a, b): 107 | a = [int(x) for x in a.split('.')] 108 | b = [int(x) for x in b.split('.')] 109 | 110 | for i in range(len(max(a,b))): 111 | a_part = a[i] if len(a) > i else 0 112 | b_part = b[i] if len(b) > i else 0 113 | if cmp(a_part, b_part) != 0: 114 | return cmp(a_part, b_part) 115 | return 0 116 | 117 | 118 | def write_file(path, filename, version): 119 | if not os.path.exists(path): 120 | os.makedirs(path) 121 | destination_filepath = '%s/%s' % (path, filename) 122 | with open(destination_filepath, 'w') as f: 123 | f.write('---\n') 124 | for key, value in version.meta.items(): 125 | f.write('%s: %s\n' % (key, value)) 126 | f.write('---\n') 127 | f.writelines(['%s\n' % line.encode('utf-8') for line in version.text]) 128 | 129 | 130 | versions = {} 131 | for commit in list_commits(args.filepath): 132 | version = get_version(args.filepath, commit) 133 | version_number = version.meta.get('version', args.unversioned) 134 | if version_number is not None: 135 | versions[version_number] = version 136 | 137 | max_major_versions = {} 138 | for version_number in versions.keys(): 139 | major_version = version_number.split('.')[0] 140 | if compare_version_strings(version_number, 141 | max_major_versions.get(major_version, '0')) > 0: 142 | max_major_versions[major_version] = version_number 143 | 144 | if len(versions) == 0: 145 | print('%s: no versions found' % args.filepath, file=sys.stderr) 146 | else: 147 | print('%s:' % args.filepath, file=sys.stderr) 148 | for version_number, version in versions.items(): 149 | # Stripping 'docs/' from the start of the path so that the directory structure 150 | # of the output dir (defaulting to `versions`) can mirror the source `docs` 151 | # directory. 152 | path = '%s/%s' % (args.destination, os.path.dirname(args.filepath)[len('docs/'):]) 153 | filenames = [versioned_filename( 154 | args.filepath, 155 | version_number 156 | )] 157 | if version_number in max_major_versions.values(): 158 | filenames.append(versioned_filename( 159 | args.filepath, 160 | version_number.split('.')[0]) 161 | ) 162 | 163 | for filename in filenames: 164 | print('%s v%s -> %s/%s' % ( 165 | version.commit, 166 | version_number, 167 | path, 168 | filename), file=sys.stderr) 169 | write_file(path, filename, version) 170 | 171 | -------------------------------------------------------------------------------- /docs/matrix-org/code_of_conduct.md: -------------------------------------------------------------------------------- 1 | --- 2 | title: Matrix Code of Conduct 3 | version: 2.0.0 4 | --- 5 | 6 | This code of conduct outlines our expectations for participants within the Matrix community, as well as steps for reporting unacceptable behaviour. We are committed to providing a welcoming and inspiring community for all, and expect our code of conduct to be honoured. Anyone who violates this code of conduct may be banned from the community. 7 | 8 | This applies to conversation in the any room in the Matrix Space ([#team:matrix.org](https://matrix.to/#/#team:matrix.org)) and commits and comments relating to any project in the [matrix-org](https://github.com/matrix-org) Github space. 9 | 10 | Our open source community strives to: 11 | 12 | * **Be friendly and patient.** 13 | * **Be welcoming**: We strive to be a community that welcomes and supports people of all backgrounds and identities. This includes, but is not limited to members of any race, ethnicity, culture, national origin, colour, immigration status, social and economic class, educational level, sex, sexual orientation, gender identity and expression, age, size, family status, political belief, religion, and mental and physical ability. 14 | * **Be considerate**: Your work will be used by other people, and you in turn will depend on the work of others. Any decision you take will affect users and colleagues, and you should take those consequences into account when making decisions. Remember that we're a world-wide community, so you might not be communicating in someone else's primary language. 15 | * **Be respectful**: Not all of us will agree all the time, but disagreement is no excuse for poor behaviour and poor manners. We might all experience some frustration now and then, but we cannot allow that frustration to turn into a personal attack. It's important to remember that a community where people feel uncomfortable or threatened is not a productive one. 16 | * **Be careful in the words that we choose**: Be kind to others. Do not insult or put down other participants. Harassment and other exclusionary behaviour aren't acceptable. 17 | * **Try to understand why we disagree**: Disagreements, both social and technical, happen all the time. It is important that we resolve disagreements and differing views constructively. Remember that we're different. The strength of our community comes from its diversity, people from a wide range of backgrounds. Different people have different perspectives on issues. Being unable to understand why someone holds a viewpoint doesn't mean that they're wrong. Don't forget that it is human to err and blaming each other doesn't get us anywhere. Instead, focus on helping to resolve issues and learning from mistakes. 18 | 19 | | 20 | 21 | ## Definitions 22 | 23 | Harassment includes, but is not limited to: 24 | 25 | - Offensive comments related to gender, gender identity and expression, sexual orientation, disability, mental illness, neuro(a)typicality, physical appearance, body size, race, age, regional discrimination, political or religious affiliation 26 | - Unwelcome comments regarding a person's lifestyle choices and practices, including those related to food, health, parenting, drugs, and employment 27 | - Deliberate misgendering. This includes deadnaming or persistently using a pronoun that does not correctly reflect a person's gender identity. You must address people by the name they give you when not addressing them by their username or handle 28 | - Physical contact and simulated physical contact (eg, textual descriptions like "*hug*" or "*backrub*") without consent or after a request to stop 29 | - Threats of violence, both physical and psychological 30 | - Incitement of violence towards any individual, including encouraging a person to commit suicide or to engage in self-harm 31 | - Deliberate intimidation 32 | - Stalking or following 33 | - Harassing photography or recording, including logging online activity for harassment purposes 34 | - Sustained disruption of discussion 35 | - Unwelcome sexual attention, including gratuitous or off-topic sexual images or behaviour 36 | - Pattern of inappropriate social contact, such as requesting/assuming inappropriate levels of intimacy with others 37 | - Continued one-on-one communication after requests to cease 38 | - Deliberate "outing" of any aspect of a person's identity without their consent except as necessary to protect others from intentional abuse 39 | - Publication of non-harassing private communication 40 | 41 | | 42 | 43 | We will not act on complaints regarding: 44 | 45 | - Good faith and non-malicious conduct whose object is to ameliorate the conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. 46 | - Reasonable communication of boundaries, such as "leave me alone," "go away," or "I'm not discussing this with you" 47 | - Refusal to explain or debate social justice concepts 48 | - Communicating in a 'tone' you don't find congenial 49 | - Criticizing racist, sexist, cissexist, or otherwise oppressive behaviour or assumptions 50 | 51 | | 52 | 53 | ### Diversity Statement 54 | 55 | We encourage everyone to participate and are committed to building a community for all. Although we will fail at times, we seek to treat everyone both as fairly and equally as possible. Whenever a participant has made a mistake, we expect them to take responsibility for it. If someone has been harmed or offended, it is our responsibility to listen carefully and respectfully, and do our best to right the wrong. 56 | 57 | Although this list cannot be exhaustive, we explicitly honour diversity in age, gender, gender identity or expression, culture, ethnicity, language, national origin, political beliefs, profession, race, religion, sexual orientation, socioeconomic status, and technical ability. We will not tolerate discrimination based on any of the protected 58 | characteristics above, including participants with disabilities. 59 | 60 | | 61 | 62 | ### Reporting Issues 63 | 64 | If you experience or witness unacceptable behaviour — or have any other concerns — please report it by contacting us via abuse@matrix.org. All reports will be handled with discretion. In your report please include: 65 | 66 | - Your contact information. 67 | - Names (usernames and nicks, real names, and/or pseudonyms) of any individuals involved. If there are additional witnesses, please 68 | include them as well. Your account of what occurred, and if you believe the incident is ongoing. 69 | - The date and time of the incident (or start of incident). 70 | - Any additional information that may be helpful. 71 | 72 | After filing a report you will receive an automated response confirming delivery of your report. Typically, we do not answer abuse reports unless we require further clarification. 73 | 74 | If the person who is harassing you is part of the response team, they will recuse themselves from handling your incident. If the complaint originates from a member of the response team, it will be handled by a different member of the response team. We will respect confidentiality requests for the purpose of protecting victims of abuse. 75 | 76 | You are also able to report abusive content via your chosen Matrix client, by clicking the event in question and selecting report. Please note these reports go to your homeserver administrator. 77 | 78 | We use [Mjolnir](https://github.com/matrix-org/mjolnir) to handle the moderation of rooms under this Code of Conduct, via the bot @administrator:matrix.org. Please note that pinging this account, or any other staff accounts, is not the appropriate reporting mechanism. Repeated in-room reports might result in moderation action. 79 | 80 | | 81 | 82 | ### Attribution & Acknowledgements 83 | 84 | This Code of Conduct is based on the [TODO Group](https://twitter.com/todogroup)'s [Open Code of Conduct template](https://github.com/todogroup/opencodeofconduct), but with some modifications. 85 | 86 | ### Attribution & Acknowledgements 87 | 88 | Version history 89 | 90 | 1.0.0 - first version of document - August 2018 91 | 1.1.0 - adding metadata and removing slugs - September 2019 92 | 2.0.0 - major updates to reporting procedures - June 2023 93 | -------------------------------------------------------------------------------- /docs/ems/cookie_policy.md: -------------------------------------------------------------------------------- 1 | --- 2 | title: Element Customer Cookie Policy 3 | version: 3.0.0 4 | --- 5 | 6 | 7 | Our approach to analytics and cookies 8 | 9 | Element uses cookies and other storage techniques to support key application functionality and to improve your experience of the Element applications and website. 10 | What are cookies? 11 | 12 | Cookies are small files that websites place on your computer as you browse the web. Some cookies are key to the functionality of web applications, such as those allowing you to login. Another use of cookies is to help understand how you are using the app so that it can be improved. 13 | 14 | Cookies can be first-party or third-party. First party cookies are only stored under the domain of the website that you are currently visiting, and can only track your movements in that domain. These are typically used for site functionality and to understand how you’re using that site only. Third party cookies are created by a domain other than the website you are visiting, and are used to track your movements across different sites. This is most often done to understand your internet usage and use that data to display more relevant advertisements. 15 | What storage techniques do we use other than cookies? 16 | 17 | As well as cookies, Element also uses Local Storage, a web based technology similar to cookies, allowing larger amounts of data to be stored. This allows the Element app to store things like your chat history and room list on your device for faster access. 18 | 19 | If you opt in to sending us product analytics, Element stores an Analytics ID in your account data on your Matrix homeserver to understand your usage across different devices and sessions. This is described in detail in the Product Analytics section below. 20 | On our website (element.io) 21 | 22 | Element.io uses cookies to help us track anonymous usage of the website. This data helps us understand how our users are using our website so that we can improve it. For example, we can understand which content are people finding relevant, or be notified of pages that are slow to load. 23 | 24 | Our website analytics are powered by the Free and Open Source analytics platform Matomo, hosted entirely within our network. We don't share any analytics data with third parties. 25 | In our marketing campaigns 26 | 27 | Try.element.io is a subdomain of our website used for marketing campaigns. We use cookies on that subdomain to help us understand how our marketing campaigns are performing. Our analytics cookies are set only if you opt in to cookies for that page. We use analytics on try.element.io in conjunction with email analytics to understand how our content is being engaged with across our communication platforms. 28 | 29 | Our marketing campaigns are powered by Hubspot, a commercial CRM. Analytics data for try.element.io is stored in Hubspot’s externally hosted systems and is private to Element. We don’t share this data with any third parties. For more details on this and other processors we use, please read our Privacy Notice. 30 | 31 | Example try.element.io pages include: 32 | 33 | https://try.element.io/skype-for-business-is-end-of-life 34 | 35 | https://try.element.io/secure-collaboration-for-cybersecurity-teams 36 | In our marketing emails 37 | 38 | Element sends emails to customers that opt in to receive marketing communications from us. Links in these emails that direct to our marketing website contain identifiers that are used to help us understand how our emails affect the traffic to our website, and how our content is being engaged with by users we send emails to. 39 | 40 | We send emails using Hubspot, a commercial CRM. Analytics data for marketing emails is stored in Hubspot’s externally hosted systems and is private to Element. We don’t share this data with any third parties. 41 | In our apps 42 | 43 | Element apps (mobile and web) store data on your device to support essential application functionality. Some examples of this functionality are: 44 | 45 | Maintaining a local copy of your chat history; 46 | Storing an authentication token so you don’t have to login each time you open Element; 47 | Caching data locally to reduce the number of network requests, in order to speed up loading time. 48 | 49 | This data is not shared with any third parties. 50 | 51 | Element Web stores data both in cookies and in your browser’s Local Storage. 52 | 53 | Element Android and Element iOS don’t use cookies or local storage, but store similar data in native app storage. 54 | Element Matrix Services (EMS) 55 | 56 | EMS uses first and third party cookies to support essential functionality. Some examples of this are: 57 | 58 | Fraud prevention; 59 | Storing a token so you remain logged in throughout your session and for redirecting users to the correct page after login and account creation. 60 | 61 | EMS also uses analytics to understand how the EMS console is being used. When you are signed in to your account, Element may track your usage of the site and associate that information with your account details. This data helps us understand how our users are using the application so that we can make improvements to the Service. 62 | 63 | Our analytics are powered by the Free and Open Source analytics platform Matomo, hosted entirely within our network. The servers which host this data are located in the EEA, specifically in London, United Kingdom. We don't share any analytics data with third parties. 64 | Product Analytics 65 | 66 | Element apps send analytics data to Element if you opt in to collection of usage data. This data is used to improve Element products, and contains usage information and debugging telemetry. The data does not contain any personally identifying information such as Matrix IDs or room IDs. You can change your analytics collection settings at any time in Element settings. 67 | 68 | Element’s app analytics are powered by the Free and Open Source analytics platform Posthog, hosted entirely within our network. We don't share any analytics data with third parties. 69 | 70 | When opted in, Element’s app analytics generate a unique, anonymous Analytics ID for each Matrix account, which is used to identify usage of the same account across different installations of the Element app. This allows us to better understand how Element is used across different devices and platforms in order and improve the overall experience. The Analytics ID is stored in private account data on your homeserver in the key im.vector.analytics. 71 | 72 | If you explicitly submit logs for troubleshooting via our Rageshake feature, Element receives detailed technical information about your use of Element, and identifiers such as your Matrix ID. You can find more details about that data in our Privacy Policy. 73 | List of Cookies and Identifiers 74 | Essential cookies and/or identifiers 75 | 76 | These are cookies and/or identifiers that are ‘strictly necessary’ and don’t require your consent, as we need them for the delivery of the services you are using. This means that we need these cookies to be used for the app or website to function properly, or to comply with security requirements. 77 | 78 | Cookies with “session” retention expire when logging out. 79 | 80 | First party cookies are only stored under the domain of the website that you are currently visiting, and can only track your movements in that domain. Third party cookies are created by a domain other than the website you are visiting, and are used to track your movements across different sites. 81 | 82 | Domain 83 | 84 | Cookie/identifier type 85 | 86 | Description 87 | 88 | Retention 89 | 90 | First Party/Third party 91 | 92 | ems.element.io 93 | 94 | __Host-next-auth.csrf-token, __Secure-next-auth.callback-url 95 | 96 | Authentication and session 97 | 98 | Session 99 | 100 | First party 101 | 102 | ems.element.io 103 | 104 | __Secure-next-auth.session-token 105 | 106 | Authentication and session 107 | 108 | 7 days 109 | 110 | First party 111 | 112 | ems.element.io 113 | 114 | redirect_url 115 | 116 | Stores destination to redirect to after login 117 | 118 | Session 119 | 120 | First party 121 | 122 | ems.element.io 123 | 124 | __stripe_sid 125 | 126 | Fraud prevention 127 | 128 | 30 minutes 129 | 130 | Third party 131 | 132 | ems.element.io 133 | 134 | __stripe_mid 135 | 136 | Fraud prevention 137 | 138 | 1 year 139 | 140 | Third party 141 | 142 | id.element.io 143 | 144 | AUTH_SESSION_ID, AUTH_SESSION_ID_LEGACY, KC_RESTART, KEYCLOAK_IDENTITY, KEYCLOAK_IDENTITY_LEGACY, OAuth_Token_Request_State, 5efe5253520851ca8402c076ac4e92d8 145 | 146 | Authentication and session 147 | 148 | Session 149 | 150 | First party 151 | 152 | id.element.io 153 | 154 | KEYCLOAK_SESSION, 155 | KEYCLOAK_SESSION_LEGACY 156 | 157 | Authentication and session 158 | 159 | 10 hours 160 | 161 | Third party 162 | 163 | Element Web domains (app.element.io, staging.element.io, develop.element.io) 164 | 165 | Local Storage and IndexedDB 166 | 167 | Essential application data 168 | 169 | Does not expire 170 | 171 | First party 172 | 173 | try.element.io 174 | 175 | __hs_opt_out 176 | 177 | This cookie is used to remember not to ask the visitor to accept cookies again. 178 | 179 | 13 months 180 | 181 | Third party 182 | 183 | try.element.io 184 | 185 | __hs_do_not_track 186 | 187 | This cookie can be set to prevent the tracking code from sending any information to HubSpot. It contains the string "yes". 188 | 189 | 13 months 190 | 191 | Third party 192 | 193 | try.element.io 194 | 195 | __hs_initial_opt_in 196 | 197 | This cookie is used to prevent the banner from always displaying when visitors are browsing in strict mode.It contains the string "yes" or "no". 198 | 199 | 7 days 200 | 201 | Third party 202 | 203 | try.element.io 204 | 205 | __hs_cookie_cat_pref 206 | 207 | This cookie is used to record the categories a visitor consented to. It contains data on the consented categories. 208 | 209 | 13 months 210 | 211 | Third party 212 | 213 | try.element.io 214 | 215 | hs_ab_test 216 | 217 | This cookie is used to consistently serve visitors the same version of an A/B test page they’ve seen before.It contains the id of the A/B test page and the id of the variation that was chosen for the visitor. 218 | 219 | Expires at the end of the session 220 | 221 | Third party 222 | Analytics cookies and/or identifiers 223 | 224 | These are cookies and/or identifiers which will require your consent (‘opt-in’) for them to be used. These help us understand how our products are used so that we can continue to improve them. 225 | 226 | Domain 227 | 228 | Cookie/identifier type 229 | 230 | Description 231 | 232 | Retention 233 | 234 | First Party/Third party 235 | 236 | EMS and element.io 237 | 238 | pk_* 239 | 240 | Used for Matomo analytics (hosted by Element) 241 | 242 | 1 year 243 | 244 | First party 245 | 246 | element.io 247 | 248 | ph_* 249 | 250 | Used for Posthog analytics (hosted by Element) 251 | 252 | 1 year 253 | 254 | First party 255 | 256 | Element Web and Mobile Apps 257 | 258 | Analytics ID 259 | 260 | An ID stored in account data on your matrix homeserver. This is only created if you opt in to product analytics using one of the Element apps. 261 | 262 | Does not expire 263 | 264 | First party 265 | 266 | ems.element.io 267 | 268 | CookieConsent, CookieConsent-legacy, cookieconsent_status 269 | 270 | Tracks cookie consent state 271 | 272 | 1 year 273 | 274 | First party 275 | 276 | try.element.io 277 | 278 | __hstc 279 | 280 | The main cookie for tracking visitors. It contains the domain, utk, initial timestamp (first visit), last timestamp (last visit), current timestamp (this visit), and session number (increments for each subsequent session).element.io 281 | 282 | 13 months 283 | 284 | Third party 285 | 286 | try.element.io 287 | 288 | hubspotutk 289 | 290 | This cookie keeps track of a visitor's identity. It is passed to HubSpot on form submission and used when deduplicating contacts. It contains an opaque GUID to represent the current visitor. 291 | 292 | 13 months 293 | 294 | Third party 295 | 296 | try.element.io 297 | 298 | __hssc 299 | 300 | This cookie keeps track of sessions. This is used to determine if HubSpot should increment the session number and timestamps in the __hstc cookie. It contains the domain, viewCount (increments each pageView in a session), and session start timestamp. 301 | 302 | 30 minutes 303 | 304 | Third party 305 | 306 | element.io 307 | 308 | _e* 309 | 310 | Part of analytics used by Hubspot if the user fills out a "contact sales" form 311 | 312 | 30 days 313 | 314 | First party 315 | 316 | -------------------------------------------------------------------------------- /docs/identity-server/privacy_notice.md: -------------------------------------------------------------------------------- 1 | --- 2 | title: Vector.im and Matrix.org Identity Servers Privacy Notice 3 | version: 1.1.0 4 | --- 5 | 6 | ## 1. Introduction 7 | 8 | ### 1.1 English, Not Legalese 9 | 10 | Privacy is important, and we want you to understand the issues involved. We have decided to use plain English as much as possible, to make our terms as clear as possible. 11 | 12 | When you read 'the Identity Server', 'the Identity Servers', or 'the Service' below, it refers to the Identity Servers made available at https://vector.im and https://matrix.org which provide account discovery services for Matrix users. 13 | 14 | Where you read 'Element' or *'we'* or *'us'* below, it refers to Element, a trading name of New Vector Ltd. and its French subsidiary: New Vector SARL and their agents. 15 | 16 | **The Matrix protocol is licensed by the Matrix Foundation which makes it available to third parties who set up their own Identity Server. This privacy notice does not apply to Matrix Identity Servers run by anyone else - Matrix is an open network like the Web and this agreement only applies to the Identity Servers (matrix.org and vector.im) provided by Element** 17 | 18 | Element is the Data Controller for the Service. 19 | 20 | Email: [support@element.io](mailto:support@element.io) 21 | 22 | Postal address: 23 | 24 | Element 25 | c/o New Vector Ltd 26 | 10 Queen Street Place 27 | London 28 | United Kingdom 29 | EC4R 1AG 30 | 31 | Should you have other questions or concerns about this document, please send us an email at [support@element.io](mailto:support@element.io). 32 | 33 | ### 1.2 This Is a Living Document 34 | 35 | With your help, we want to make our policy documents the best in the industry. 36 | 37 | If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We're all ears! Email [support@element.io](mailto:support@element.io) and we'll chat. 38 | 39 | We don't amend this document for any specific users or use case, but if your proposed changes apply to all of our users, we'll be happy to update it for everyone. Scroll to the bottom to see the history so far. 40 | 41 | We will likely improve this document over time. By continuing to use the Service, you will implicitly accept the changes we make. 42 | 43 | Your access and use of the Service is always subject to the most current version of this document. 44 | 45 | ## 2. What is a Matrix Identity Server? 46 | 47 | Identity Servers support contact discovery on Matrix by letting people look up [Third Party Identifiers](#threepid) to see if the owner has publicly linked them with their Matrix ID. 48 | 49 | ## 2.1 What is a Third Party Identifier? 50 | 51 | A Third Party Identifier is an identifier that uniquely identifies a person, but _isn't_ a Matrix ID. Most commonly this is an email address or a telephone number. 52 | 53 | ### 2.2 How does it support contact discovery? 54 | 55 | Identity Servers offer the following services: 56 | 57 | #### Verified Association of Matrix ID with Third Party Identifier 58 | 59 | You can ask the Identity Server to establish that you own your email address or phone number and associate it with your Matrix ID. The Identity Server will verify that you own that identifier by sending a link or code to your email address or phone. The association is not considered valid until your ownership of the Third Party Identifier has been confirmed. 60 | 61 | #### Account Lookup by Third Party Identifier 62 | 63 | You can look up a Matrix ID by searching for its associated Third Party Identifiers. **You cannot look up Third Party Identifiers by searching for their associated Matrix ID**. For example: if Alice has used the Identity Server to link her email, alice@example.com with her Matrix ID, @example:matrix.org, other users can look up her Matrix ID by querying the Identity Server with her email address, but _they cannot discover her email address by querying the service with her Matrix ID_. 64 | 65 | The Identity Server supports both individual and bulk Third Party Identifier lookup: 66 | 67 | ##### Individual Third Party Identifier Lookup 68 | 69 | Individual Third Party Identifier Lookup is usually used when inviting a user to a Matrix room by their Third Party Identifier. 70 | 71 | ##### Bulk Third Party Identifier Lookup 72 | 73 | Bulk Third Party Identifier Lookup is usually used to check whether any of your existing contacts already have a Matrix ID. 74 | 75 | ##### Registration with Email or Phone Number 76 | 77 | Some homeservers rely upon the Identity Server for part of new user registration, using the Identity Server to perform the verification of ownership of the email address or phone number. 78 | 79 | **We will be removing support for user registration from the Element Identity Servers.** In the near future homeservers we manage will be able to complete registration by email address without delegating ownership verification to an Identity Server. This document will be updated when this behaviour has changed. 80 | 81 | ##### Password Reset 82 | 83 | Some homeservers rely upon the Identity Server for password reset by email, using the Identity Server to send a unique link to the user to complete password reset securely. 84 | 85 | **We do not provide support for password reset from the Element Identity Servers.** Homeservers can already complete password reset by email without delegating to an Identity Server. Homeserver administrators should not rely on Element Identity Servers for password reset. 86 | 87 | ###### Binding on Registration 88 | 89 | When your client is configured to use either the vector.im or the matrix.org Identity Server and you register on a homeserver with your email address and/or phone number: 90 | - if that homeserver is run by Element (e.g. the homeserver running at matrix.org, or a [Element Matrix Services](https://element.io/matrix-services) homeserver), the corresponding homeserver privacy policy will advise you that the act of registration will _also_ publicly link your email address and/or phone number with your Matrix ID via the Identity Server 91 | - if that homeserver is **not** run by Element then registration will **not** publicly link your email address or phone number with your Matrix ID. In this case the vector.im or matrix.org Identity Server will only store your data long enough to establish your ownership of the Third Party Identifier. 92 | 93 | **This behaviour is also being phased out.** In the near future, choosing to publicly link your Third Party Identifiers with your Matrix ID via an Identity Server will be a wholly separate step, fully divorced from registration. This document will be updated when this behaviour has changed. 94 | 95 | ### 2.3 Closed Federation Between vector.im and matrix.org Identity Servers 96 | 97 | Data is shared between the vector.im and matrix.org Identity Servers in a closed federation. 98 | 99 | This means that when you ask the Identity Server at vector.im to link your Matrix ID with your email address or phone number, this data is replicated on the matrix.org Identity Server. Likewise if you ask the Identity Server at matrix.org to link your Matrix ID with your email address or phone number, this data is replicated onto the vector.im Identity Server. 100 | 101 | ## 3. Access to Your Data / Privacy Policy 102 | 103 | ### 3.1 What is the legal basis for processing my data and how does this affect my rights under GDPR (General Data Protection Regulation)? 104 | 105 | #### 3.1.1 Legal Basis for Processing 106 | 107 | Your data is processed under *[Legitimate Interest](https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/legitimate-interests/when-can-we-rely-on-legitimate-interests/)*. This means that we process your data only as necessary to deliver the Service, and in a manner that you understand and expect. 108 | 109 | The *Legitimate Interest* of the Service is the discoverability of contacts across the wider Matrix ecosystem. The processing of user data we undertake is necessary to provide the Service. **This facility is an optional component of the services provided by Element,** designed to make contact discovery easier. Matrix works very well without an Identity Server. 110 | 111 | #### 3.1.2 Right to Erasure 112 | 113 | You can remove your data from the Service at any time by using a Matrix client (such as [Element](https://element.io/app)) to remove your Third Party Identifiers from the connected Identity Server. The data will be rendered inaccessible across matrix.org and vector.im Identity Servers straight away, and will be deleted from the matrix.org and vector.im databases within 30 days. 114 | 115 | If your homeserver is spec-compliant (i.e. if it faithfully implements the Matrix protocol specification detailed at [https://matrix.org/spec](https://matrix.org/spec)), your Third Party Identifiers will be deleted if your account is deactivated. 116 | 117 | #### 3.1.3 Data Portability 118 | 119 | Under GDPR you have a right to request a copy of your data in a commonly-accepted format. If you would like a copy of your data, please send a request to [dpo@element.io](mailto:dpo@element.io). 120 | 121 | #### 3.1.4 Your Rights as Data Subject 122 | 123 | You have rights in relation to the personal data we hold about you. Some of these only apply in certain circumstances. Some of these rights are explored in more detail elsewhere in this document. For completeness, your rights under GDPR are: 124 | 125 | 1. The right to be informed 126 | 127 | 2. The right of access 128 | 129 | 3. The right to rectification 130 | 131 | 4. The right to erasure 132 | 133 | 5. The right to restrict processing 134 | 135 | 6. The right to data portability 136 | 137 | 7. The right to object 138 | 139 | 8. Rights in relation to automated decision making and profiling. 140 | 141 | For more details about these rights, please see [the guidance provided by the ICO](https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/). If you have any questions or are unsure how to exercise your rights, please contact us at [support@element.io](mailto:support@element.io). 142 | 143 | ### 3.2 What Information Do You Collect About Me and Why? 144 | 145 | The information we collect is purely for the purpose of letting people discover Matrix IDs that have been publicly linked with a Third Party Identifier (such as email or telephone number). We do **not** profile users or their data on the Service. 146 | 147 | #### 3.2.1 Information you provide to us: 148 | 149 | We collect information about you when you input it into the Service or otherwise provide it directly to us. 150 | 151 | * Matrix ID 152 | 153 | * Third Party Identifiers (such as email or telephone number) 154 | 155 | #### 3.2.2 Information we collect automatically as you use the service: 156 | 157 | ##### Third Party Identifiers you look up 158 | 159 | Third Party Identifiers that are looked up are logged in our application logs. These logs are kept for not longer than 7 days. Haproxy logs may be kept up to 60 days. 160 | 161 | ##### Connection Information 162 | 163 | Currently, we log the IP address of the party who accesses the Service. Since this is usually the homeserver requesting data on behalf of its user(s), it is usually the IP address of the homeserver that is logged. This data is used in order to mitigate abuse, debug operational issues, and monitor traffic patterns. Our logs are kept for not longer than 180 days. 164 | 165 | ### 3.3 What Information is Shared With Third Parties and Why? 166 | 167 | #### 3.3.1 Sharing Data with Connected Services 168 | 169 | The purpose of the Service is to share your associated Matrix ID with whomever looks up your linked Third Party Identifiers. As a reminder, use of this service is optional - if you do not want your Matrix ID to be discoverable from your Third Party Identifiers, please do not use the service. 170 | 171 | ### 3.4 Sharing Data in Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights 172 | 173 | In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to 174 | 175 | (a) comply with any applicable law, regulation, legal process or governmental request, 176 | 177 | (b) protect the security or integrity of our products and services (e.g. for a security audit), 178 | 179 | (c) protect Element, The Matrix.org Foundation, and our users from harm or illegal activities, or 180 | 181 | (d) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the serious bodily harm of any person. 182 | 183 | ### 3.5 Our Commitment to Children's Privacy 184 | 185 | We never knowingly collect or maintain information in the Service from those we know are under 16, and no part of the Service is structured to attract anyone under 16. If you are under 16, please do not use the Service. 186 | 187 | ### 3.6 How Can I Access or Correct My Information? 188 | 189 | You can view and modify your published Third Party Identifiers by using any compatible Matrix client (such as [Element](https://element.io/app)) and managing your User Settings. 190 | 191 | ### 3.7 Who Can See My Matrix ID/Third Party Identifier associations? 192 | 193 | Anyone who knows your Third Party Identifier can query the Service to see if you have publicly linked it with a Matrix ID. Queries _only work in this direction_ It is not possible for parties who only know your Matrix ID to query the service and discover your Third Party Identifiers. 194 | 195 | The association between your Matrix ID and your Third Party Identifiers is stored in Element databases. This means that, unlike regular users, Element employees and contractors can look up your Third Party Identifiers from you Matrix ID (subject to the New Vector data access guidelines below). 196 | 197 | ### 3.8 What Are the Guidelines New Vector Follows When Accessing My Data? 198 | 199 | * We restrict who at Element (employees and contractors) can access user data to roles which require access in order to maintain the health of the Service. 200 | 201 | * We never share what we see with other users or the general public. 202 | 203 | ### 3.9 Who Else Has Access to My Data? 204 | 205 | We host the Element Matrix Services on UpCloud datacentres in London. Here's [UpCloud's privacy policy](https://upcloud.com/privacy-policy/). UpCloud controls physical access to their locations. 206 | 207 | We use Cloudflare to mitigate the risk of DDoS attacks. Here's [CloudFlare's privacy policy](https://www.cloudflare.com/privacypolicy/). 208 | 209 | Physical access to our offices and locations use typical physical access restrictions. 210 | 211 | We use secure private keys when accessing servers via SSH, and protect our console passwords locally with a password management tool. 212 | 213 | We log application data (caller IP and user agent). We keep logs for no longer than 60 days. 214 | 215 | ### 3.10 What happens if Element is sold? 216 | 217 | In the event that we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets. 218 | 219 | If we or substantially all of our assets are acquired by a third party, personal data held by us about our users will be one of the transferred assets. 220 | 221 | ### 3.11 How Is My Data Protected from Another User's Data? 222 | 223 | All of our users' data for the Service currently resides in the same database cluster. We use software best practices to guarantee that only people who know your linked Third Party Identifiers can use them to look up your Matrix id. In other words, we segment our user data via software. We do our best and are very confident we're doing a good job at it, but, like every other service that hosts their user data on the same database, we cannot guarantee that it is immune to a sophisticated attack. 224 | 225 | ### 3.12 What Should I Do If I Find a Security Vulnerability in the Service? 226 | 227 | If you have discovered a security concern, please follow the Matrix.org [Security Disclosure Policy](https://matrix.org/security-disclosure-policy/). 228 | 229 | ## 4. Making a Complaint 230 | 231 | We try to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring it to our attention at [support@element.io](mailto:support@element.io) if they think that our collection or use of information is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures. 232 | 233 | If you want to make a complaint about the way we have processed your personal information to the supervisory authority, you can contact the ICO (the statutory body which oversees data protection law) at [https://www.ico.org.uk/concerns](https://www.ico.org.uk/concerns). 234 | 235 | ## 5. Document History 236 | 237 | | Version | Date | Comment | 238 | | 1.0.0 | 2019, July 23 | Created (content derived from [New Vector Ltd. Matrix.org Homeserver Privacy Policy](https://matrix.org/legal/privacy-notice)). | 239 | | 2.0.0 | 2020, July 15 | Revised version 240 | 241 | **A note to other startups:** this document was heavily inspired by [Balsamiq's plain English ToS document](https://docs.balsamiq.com/mybalsamiq/tos/). We were impressed by their championing of plain English, and wanted to reproduce that as much as possible in our own legal documentation. Feel free to draw similar inspiration from this document, though be sure to get any documents you produce checked over by a lawyer. Good luck! 242 | 243 | 246 | -------------------------------------------------------------------------------- /docs/matrix-org/terms_and_conditions.md: -------------------------------------------------------------------------------- 1 | --- 2 | title: {{ policy_homeserver }} Homeserver Terms and Conditions 3 | slug: Homeserver Terms and Conditions 4 | --- 5 | 6 | Please read this document carefully before accessing or using this service. 7 | 8 | ## 1. Introduction 9 | 10 | ### 1.1 English, not Legalese 11 | 12 | Most Terms of Use and Privacy Policy documents are unreadable. They are written by lawyers and for lawyers, and in our opinion are not very effective. 13 | 14 | We decided to use plain English as much as possible, to make our terms as clear as possible. We are always looking to improve, so please send us feedback on this document to legal@matrix.org. 15 | 16 | When you read 'the {{ policy_homeserver }} homeserver' or 'the Service' below, it refers to the services made available at **{{ policy_homeserver }}** which store your account and personal conversation history, provide services such as bots and bridges, and communicate via the open Matrix decentralised communication protocol with the public Matrix Network. 17 | 18 | Where you read The Matrix.org Foundation C.I.C., The Matrix.org Foundation, or The Foundation, it refers to the Community Interest Company incorporated on 29 October 2018 to be the neutral custodian of the Matrix protocol: The Matrix Foundation C.I.C., and their agents. 19 | 20 | Where you read 'Element' below, it refers to Element, a trading name of New Vector Ltd., its French subsidiary: Element Software SARL, its U.S. subsidiary: Element Software Inc, its German subsidiary: Element Software GmbH, and their agents. Element is contracted by the Foundation to provide some Services on its behalf, such as the hosting, maintenance and monitoring of the {{ policy_homeserver }} homeserver. 21 | 22 | If this agreement is not acceptable, please use a Matrix server provided by someone else. 23 | 24 | Contact Information: 25 | 26 | Email: [support@matrix.org](mailto:support@matrix.org) 27 | 28 | Postal address: 29 | 30 | Matrix.org Foundation 31 | 10 Queen Street Place 32 | London 33 | United Kingdom 34 | EC4R 1AG 35 | 36 | Should you have other questions or concerns about this document, please send us an email at [legal@matrix.org](mailto:legal@matrix.org). 37 | 38 | ### 1.2 Using The Service Means Accepting These Terms 39 | 40 | By accessing or using the Service in any way, whether you have created a Matrix account on the {{ policy_homeserver }} homeserver, or whether you are accessing content federated from the {{ policy_homeserver }} homeserver to another Matrix homeserver, or are just browsing rooms as an unauthenticated guest, you agree to and are bound by the terms and conditions written in this document. 41 | 42 | If you do not agree to all of the terms and conditions contained in this document, please use a Matrix server provided by someone else and refrain from accessing content federated from this server. 43 | 44 | ### 1.3 This is a living document 45 | 46 | This is a living document. With your help, we want to make it the best in the industry. 47 | 48 | If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We're all ears! Email [legal@matrix.org](mailto:legal:matrix.org) and we'll chat. 49 | 50 | We don't amend this document for any specific users or use case, but if your proposed changes apply to all of our users, we'll be happy to update it for everyone. Scroll to the bottom to see the history so far. 51 | 52 | We will likely improve this document over time. By continuing to use the Service, you will implicitly accept the changes we make. 53 | 54 | Your access and use of the Service is always subject to the most current version of this document. 55 | 56 | ### 1.4 Breach of Terms 57 | 58 | If you breach any of the terms and conditions in this document, your authorisation to access or use the Service automatically terminates. 59 | 60 | We may block, restrict, disable, suspend or terminate your access to all or part of the Service at any time in our sole discretion, without prior notice or liability to you. 61 | 62 | If you think we removed your access by mistake, send an email to [abuse@matrix.org](mailto:abuse@matrix.org) and we'll give you our reasoning, when possible. 63 | 64 | ## 2. Support 65 | 66 | Support for the {{ policy_homeserver }} homeserver is provided on a best effort basis by Element - however, support is often available from the wider Matrix Community in the public Matrix Support rooms. 67 | 68 | Queries sent to [support@matrix.org](mailto:support@matrix.org) will be addressed on a best-effort basis by the paid team. Phone support is not provided. 69 | 70 | We love Matrix and will support our users as much as we can, but we are also a small team and value our work/life balance. This means that although we'll try our best, we do not provide 24/7 support. 71 | 72 | ## 3. Intellectual Property Rights 73 | 74 | ### 3.1 Who owns the IP of my messages and files? 75 | 76 | We do not claim intellectual property rights over rooms, message content or files uploaded to the Service. 77 | 78 | You acknowledge and agree that we have no liability of any kind should anyone you granted access to your messages or files modify, destroy, corrupt, copy or distribute them, or violate the terms of use or other limitations that you may impose on the use of your shared content. 79 | 80 | We may pre-screen user messages or files to prevent spam and other abuse, and we may remove any messages or files (including entire rooms) from the {{ policy_homeserver }} homeserver for any reason without notice at our sole discretion. By posting or uploading your messages or files, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your user materials as described in these Terms of Use, including all the rights necessary for you to post or upload said messages or files. 81 | 82 | You are solely and entirely responsible for all of your messages and files that you post or otherwise submit via the Service. You shall assume all risks associated with the use of said content including any reliance on the accuracy, completeness or usefulness. The Foundation does not guarantee the accuracy, integrity or quality of your messages or files. 83 | 84 | For further details on our approach to IP and copyright, please refer to our [copyright notice](https://matrix.org/legal/copyright-notice). 85 | 86 | ## 4. Reliability 87 | 88 | ### 4.1 Do you guarantee that the Service will be accessible at all Times? 89 | 90 | In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We do not offer contracted SLA for availability of the Service and your data. 91 | 92 | We monitor the Service closely and have set up automated alarms to be notified (via email, push notifications and phone calls) when the {{ policy_homeserver }} homeserver is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access. 93 | 94 | You acknowledge and agree that the Foundation, shall not be liable for any failure to store your materials on the {{ policy_homeserver }} homeserver at any time. 95 | 96 | ## 5. App Developers 97 | 98 | We encourage you to write software that uses the Matrix Protocol and interfaces with the Service. 99 | 100 | The Matrix Protocol and our implementation will change over time, and we may change or deprecate APIs or behaviour for any feature of the Service from time to time - it is your responsibility to ensure that calls or requests you make to or via our Service are compatible with then-current APIs for the Service. We will always try to inform you of any changes with reasonable notice so you can adjust your Application, but we are under no obligation to do so. 101 | 102 | Provided that you comply with the terms of this Agreement and our policies and procedures, you may use the Service to execute Applications owned by you. You are solely responsible for your Applications, including any data, text, images or content they contain. 103 | 104 | ## 6. Play Nice Clauses 105 | 106 | ### 6.1 Use of The Service 107 | 108 | You agree that you shall not: 109 | 110 | * Use or attempt to gain unauthorised access to or use another's account, password, data, or computer systems or networks connected to the {{ policy_homeserver }} homeserver, whether through malicious attacks, password mining or any other means. 111 | 112 | * Access or attempt to access any material that you are not authorised to access. 113 | 114 | * Submit or transmit any material that violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights. Please see our [Copyright Notice](https://matrix.org/legal/copyright-notice) for further details. 115 | 116 | * Disrupt or interfere with the security of, or otherwise cause harm to, the {{ policy_homeserver }} homeserver, systems resources, accounts, passwords, servers or networks connected to or accessible through the Service or any affiliated or linked sites. 117 | 118 | * Use the Service to transmit unsolicited or bulk communications to anyone at all, be they users of the Service, federated Matrix homeservers, or connected on a bridged network. 119 | 120 | * Post or otherwise submit any software, programs or files in a manner that is intended to cause harm or disruption of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms. 121 | 122 | * Disrupt, interfere or inhibit any other user from using and enjoying the Service. 123 | 124 | * Access or use the Service in any manner that could damage, disable, overburden or impair any server we run or the network(s) connected to the Service. 125 | 126 | * Violate any applicable laws or regulations related to the access to or use of the Service, or engage in any activity prohibited by the Terms of Use. 127 | 128 | * Use the Service for any unlawful purposes or in support of illegal activities under UK/EU law. By using the Service, you agree to comply with all applicable laws governing your online conduct and content. 129 | 130 | * Act in a way that is in violation of our [Code of Conduct]({{ code_of_conduct_uri }}) in rooms that are part of the Matrix Space ([#team:matrix.org](https://matrix.to/#/#team:matrix.org)). 131 | 132 | * Violate the rights of The Foundation, Element or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another. 133 | 134 | Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. The Foundation offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, the {{ policy_homeserver }} service or another third-party service. You agree that you will not hold the Foundation responsible or liable with respect to the third-party services. 135 | 136 | ### 6.2 Illegal Content 137 | 138 | Any content containing or promoting indecent images/depictions of children is illegal and utterly prohibited on the Service. When we become aware of such content, we refer the details to the relevant authorities. If you've found an account, room or group being used for the distribution or promotion of child sexual exploitation, please share the details in an email to [abuse@matrix.org](mailto:abuse@matrix.org). 139 | 140 | Any other forms of illegal content are strictly prohibited in the Service and its distribution will result in immediate account termination. If you come across such content please share the details in an email to [abuse@matrix.org](mailto:abuse@matrix.org). 141 | 142 | ## 7. Restriction and Termination of Use 143 | 144 | We may block, restrict, disable, suspend or terminate your access to all or part of the Service at any time in our sole discretion, without prior notice or liability to you. 145 | 146 | ## 8. Encryption 147 | 148 | The Services may allow you to encrypt your communications end-to-end between devices. There may be restrictions and limitations on the import, possession, use, transfer and/or export of strong encryption technology under the laws of the country in which you intend to use the Service. It is your sole obligation and responsibility to check such restrictions and limitations before using the Service and to comply with them. We reserve the right to suspend the Service immediately and without notice if we determine, in our sole judgment, that the Service is being used in violation of local regulations governing the use of cryptographic technologies (even though we have no responsibility to make such determination). 149 | 150 | ## 9. Links to third party sites 151 | 152 | The Service may include links that will take you to other sites outside of the Service. The linked sites are provided as a convenience and the inclusion of the links do not imply any endorsement by us of any linked site. We have no control of the linked sites and you therefore acknowledge and agree that we are not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that we are not responsible for any form of transmission (e.g. webcasting) received from any linked site. 153 | 154 | ## 10. Warranties and Disclaimers 155 | 156 | The {{ policy_homeserver }} service is provided by Element under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Element makes no warranty that: 157 | 158 | 1. the Service will meet your requirements; 159 | 160 | 2. the Service will be uninterrupted, timely, secure, or error-free; 161 | 162 | 3. the quality of the Service will meet your expectations; and 163 | 164 | 4. any errors or defects in the Service will be corrected. 165 | 166 | You acknowledge and agree that: 167 | 168 | 1. The Foundation does not control, endorse, or accept responsibility for any materials or services offered by third parties (except where stated otherwise), including third-party vendors and third parties accessible through linked sites; 169 | 170 | 2. The Foundation makes no representations or warranties whatsoever about any such third parties, their materials or services; 171 | 172 | 3. any dealings you may have with such third parties are at your own risk; and 173 | 174 | 4. The Foundation shall not be liable or responsible for any materials or services offered by third parties. 175 | 176 | The Matrix.org Foundation does not control or endorse the materials or message content found in any rooms or communities. To the maximum extent permitted by law, the Foundation, will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Foundation also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user messages or files. 177 | 178 | The use of the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. The Foundation assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from the Foundation or via the site, services or materials shall create any warranty not expressly stated in the terms of use. The Foundation will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge. 179 | 180 | Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety days. 181 | 182 | ## 11. Indemnity and Liability 183 | 184 | You agree to indemnify and hold the Foundation and its guardians, officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: 185 | 186 | 1. your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Service, including a third party's use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials); 187 | 188 | 2. your access to or use of the Service (including any use by your employees, contractors or agents and all uses of your usernames and passwords, whether or not actually or expressly authorised by you, in connection with the Service); 189 | 190 | 3. your connection to the Service; 191 | 192 | 4. your violation of the Terms of Use; 193 | 194 | 5. your infringement of any third party's intellectual property rights when using any of the software made available on the Service; 195 | 196 | 6. your violation of any rights of any third party; 197 | 198 | 7. your access to or use of linked sites and your connections thereto; or 199 | 200 | 8. any dealings between you and any third parties advertising or promoting via the Service. 201 | 202 | ## 12. Emergency Service Calls 203 | 204 | The Service does not and is not intended to support or carry emergency calls to any emergency services (e.g. 911 or 112 numbers). We are not liable for any claims, damages or loss which arise from this limitation. 205 | 206 | ## 13. Governing Law and Jurisdiction 207 | 208 | These Terms shall be governed by the laws of England and Wales, excluding its conflict of law provisions. Unless contrary to the law where you reside, all disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of England and Wales and you expressly consent to the exercise of personal jurisdiction in the courts of England and Wales in connection with any such dispute. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. 209 | 210 | ## 14. General 211 | 212 | The Service is licensed, not sold, to you by the Foundation for use strictly in accordance with the terms and conditions of this Agreement. Ownership of the Service shall at all times remain with the Foundation. Access to the Service is provided to you only to allow you to exercise your rights under this Agreement. 213 | 214 | ### 14.1 Grant of Licence 215 | 216 | Subject to your acceptance of, and compliance with, this Agreement and any payment requirements for the Service (if applicable), the Foundation hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable licence, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by us that augment or enhance the current Service shall also constitute "Service" and shall be subject to these terms and conditions. All rights not expressly granted under this Agreement are retained by the Matrix.org Foundation. 217 | 218 | You may also be subject to additional terms and conditions that may apply when you use other Matrix services, third party content or third party software. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by the Foundation to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect. 219 | 220 | ## 15. Document History 221 | 222 | 1.0.0 - first version of document - August 2018 223 | 1.1.0 - adding metadata and removing slugs - September 2019 224 | 1.2.0 - branding changes - July 2020 225 | 1.2.1 - minor updates - July 2020 226 | 1.2.2 - minor updates - August 2022 227 | 2.0.0 - clarifications around the relationship between the Foundation and Element - June 2023 228 | 229 | **A note to other startups:** this document was heavily inspired by [Balsamiq's plain English ToS document](https://docs.balsamiq.com/mybalsamiq/tos/). We were impressed by their championing of plain English, and wanted to reproduce that as much as possible in our own legal documentation. Feel free to draw similar inspiration from this document, though be sure to get any documents you produce checked over by a lawyer. Good luck! 230 | -------------------------------------------------------------------------------- /docs/ems/privacy_notice.md: -------------------------------------------------------------------------------- 1 | --- 2 | title: Element Customer Privacy Policy 3 | version: 2.1.1 4 | --- 5 | 6 | Please read this document carefully before accessing or using this service! 7 | 8 | ## 1. Introduction 9 | 10 | ### 1.1 English, Not Legalese 11 | 12 | Most Terms of Use and Privacy Policy documents are unreadable. They are written by lawyers and for lawyers, and in our opinion are not very effective. 13 | 14 | Privacy is important, and we want you to understand the issues involved. For that reason we decided to use plain English as much as possible, to make our terms as clear as possible. Some sections still have room for improvement - we plan to tackle these over time. 15 | 16 | Where you read 'Element', ‘Element Matrix Services’, ‘EMS’, ‘the Element app store’ or ‘element.io’ it refers to all services made available at [https://element.io](https://element.io) for: 17 | 18 | * The Element chat app, an open source Matrix client which you can use to connect to any server that implements the Matrix protocol; 19 | * The Gitter developer communication app; 20 | * The purchase, provisioning, configuration, monitoring and management of hosted homeservers and associated services via Element Matrix Services (EMS), or the Element app store. 21 | 22 | Where you read 'homeserver', 'homeservers' or 'the Homeserver', it refers to the services configured within Element which store the user account and personal conversation history, provide additional functionality such as bots and bridges, and (where enabled by the Customer) communicate via the open Matrix decentralised communication protocol with the public Matrix Network. 23 | 24 | Where you read ‘the Service’ in this document, it refers to the Element chat app instances exposed on [https://element.io](https://element.io) (or subdomains) by New Vector Ltd (trading as Element). 25 | 26 | Where you read 'Element' or 'we' or 'us' below, it refers to Element, a trading name of New Vector Ltd., its French subsidiary: New Vector SARL, its U.S. subsidiary: Element Software Inc, and their agents. 27 | 28 | Element is the Data Controller for your data. We can be contacted as per the details below: 29 | 30 | Email: [dpo@element.io](mailto:dpo@element.io) 31 | 32 | Postal address: 33 | Element 34 | c/o New Vector Ltd 35 | 10 Queen Street Place 36 | London 37 | United Kingdom 38 | EC4R 1AG 39 | 40 | Should you have other questions or concerns about this document, please send us an email at [dpo@element.io](mailto:dpo@element.io). 41 | 42 | ### 1.2 Scope of This Document 43 | 44 | This document explains how we process personal data, as it relates to: 45 | 46 | * *Element chat app users*: Element chat app users use Element to connect to any server that implements the Matrix Protocol. 47 | * *Gitter app users*: Gitter.im is now a part of Element, and will soon be bridged to the Matrix protocol, allowing its users to talk to other Matrix users. 48 | * *Element Customers*: Element Customers use Element Matrix Services (EMS) to provision and manage hosted homeservers. Apart from where otherwise noted, this document does **not** address data protections issues relating to the messaging and file data submitted by Users to the hosted homeserver instances, as this is the legal responsability of the Customer. For general Terms of Use for Homeserver users, please see: https://element.io/user-terms-of-service 49 | 50 | This document does not cover: 51 | 52 | * *Your relationship with the Matrix server if it isn't provided by EMS*: Your account details and preferences, messages, files and any other data you share via the Matrix protocol are the responsibility of the Matrix server, and it is the provider of that server's job to make sure your data is handled appropriately and that you are well informed. 53 | * *Your relationship with identity servers*: you might chose to use an identity server, to allow other Matrix users to discover you via the Element app. This is optional and requires your explicit consent to discover users from your personal contacts. For the identity server made available by us, please see the [Identity Server Privacy Notice](https://element.io/is-privacy-notice). 54 | 55 | If you are using the matrix.org server provided by the Matrix Foundation, you can find the relevant Privacy Notice and Terms and Conditions here: 56 | 57 | * Matrix.org Privacy Notice - [https://matrix.org/docs/guides/privacy_notice.html](https://matrix.org/docs/guides/privacy_notice.html) 58 | * Matrix.org Terms and Conditions - [https://matrix.org/docs/guides/terms_and_conditions.html](https://matrix.org/docs/guides/terms_and_conditions.html) 59 | * Matrix.org Code of Conduct - [https://matrix.org/docs/guides/code_of_conduct](https://matrix.org/docs/guides/code_of_conduct) 60 | * Matrix.org Copyright Notice - [https://matrix.org/docs/guides/copyright_notice](https://matrix.org/docs/guides/copyright_notice) 61 | 62 | ### 1.3 The Customer and the User 63 | 64 | This document is designed to explain Data Protections issues relating to Element Customers and Users. Put simply, you're a Customer if you're paying (or otherwise compensating) Element to provide a dedicated hosted messaging service. If you have an account registered on a homeserver that you use to send and receive messages, or use the Element chat app to connect any server within the Matrix Protocol, you are a User. 65 | 66 | It is possible to be both a Customer and a User, but we encourage you to consider these roles separately when thinking about Data Protection concerns. 67 | 68 | ### 1.4 Changes to This Document 69 | 70 | Over time we may make changes to this document. If we make a material change we will provide the Customer with reasonable notice prior to the change. We will set forth the date upon which the changes will become effective; any use of Element by the Customer, or any use of a hosted homeserver from EMS by a User will constitute the Customer's acceptance of these changes. 71 | 72 | Your access and use of Element is always subject to the most current version of this document. 73 | 74 | ## 2. Access to Your Data 75 | 76 | ### 2.1 What is the legal basis for processing my data and how does this affect my rights under GDPR (General Data Protection Regulation)? 77 | 78 | #### 2.1.1 Legal Basis for Processing 79 | 80 | Element has different legal basis for processing, based on which product you are using: 81 | 82 | * *Element chat app users*: we collect your IP address when you request access to the Element client from our web server. This data is collected under *[Legitimate Interest](https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/legitimate-interests/when-can-we-rely-on-legitimate-interests/)*, to support operational maintenance and to protect against malicious actions against our infrastructure. 83 | * *Gitter app users*: we collect the details of whatever account you use to sign-up to Gitter, via OAuth (this could be GitLab/GitHub/Twitter). This data is collected under *[Legitimate Interest](https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/legitimate-interests/when-can-we-rely-on-legitimate-interests/)*, to allow you to use the service. 84 | * *Element customers*: your data is processed under *[Performance of Contract](https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/contract/)*. This means that we process your data only as necessary to meet our contractual obligations to you, or to engage with you to do something before entering into a contract (such as providing a quote); 85 | 86 | #### 2.1.2 Data Ownership - Messaging and File data within hosted homeservers 87 | 88 | The Customer can use Element Matrix Services to provision and manage hosted Matrix homeservers. The Customer owns and controls all messages and files submitted to their homeserver by User accounts registered natively on their homeserver. This ownership does not extend to messages and files submitted over federation or bridging. 89 | 90 | This means that, in addition to the usual data access controls defined by the Matrix protocol, all unencrypted messages and files can be accessed by the Customer, and that access is retained even if no User account within the system retains access to the data. 91 | 92 | #### 2.1.3 Your Rights as Data Subject 93 | 94 | You have rights in relation to the personal data we hold about you. Some of these only apply in certain circumstances. Some of these rights are explored in more detail elsewhere in this document. For completeness, your rights under GDPR are: 95 | 96 | 1. The right to be informed 97 | 2. The right of access 98 | 3. The right to rectification 99 | 4. The right to erasure 100 | 5. The right to restrict processing 101 | 6. The right to data portability 102 | 7. The right to object 103 | 8. Rights in relation to automated decision making and profiling. 104 | 105 | For more information about these rights, please see [the guidance provided by the ICO](https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/). If you have any questions or are unsure how to exercise your rights, please contact us at [dpo@element.io](mailto:dpo@element.io). 106 | 107 | ### 2.2 What Information Do You Collect About Me and Why? 108 | 109 | The information we collect is for the purpose of supporting your management of hosted homeservers through Element Matrix Services, or to support operational maintenance of the Element Matrix client. We do not profile homeserver Users or their data, but we might profile metadata pertaining to the configuration and management of hosted homeservers so that we can improve our products and services. 110 | 111 | #### 2.2.1 Information you provide to us: 112 | 113 | We collect information about you when you input it to the Element or Element Matrix Services apps or otherwise provide it directly to us. 114 | 115 | **Element Matrix Services (EMS) and Element Home Customer Account and Profile Information** 116 | 117 | We collect information when you register for an account. This information is kept to a minimum on purpose, and is restricted to: 118 | 119 | * Email address 120 | * Authentication Identifier; one of: 121 | * Email address and password 122 | * Twitter id 123 | * Google id 124 | 125 | Your authentication identifier is used to authenticate your access to Element Matrix Services at https://ems.host and to uniquely identify you. 126 | 127 | You will be given the choice to set up 2-Factor Authentication to secure your account. For 2FA over SMS, we will require your phone number. This information will be shared with [Twilio](https://www.twilio.com/), a SMS service provider. 128 | 129 | **Element Matrix Services (EMS) Customer and Element Home Account Transaction and Billing Information** 130 | 131 | Paying for hosted homeserver services via EMS is handled entirely by our payment processor, [Stripe](https://stripe.com/en-gb/privacy). The processor stores your credit card information as well as your billing contact information in order to process your monthly or annual automatic renewals, or to allow you to upgrade or downgrade your subscription without re-entering a credit card number. 132 | 133 | We never have access to, nor store your full credit card information. 134 | 135 | The payment processor code we use also sets a cookie in your browser, to remember your info for future purchases. You can [delete or block that cookie](https://privacypolicies.com/blog/how-to-delete-cookies/) if you wish; our website will continue to work. 136 | 137 | We require you to enter your billing information. This data, as well as the last four digits of your credit card which is sent to us by our payment processor, is stored in our transaction database in order to maintain our financial records. This information appears on your invoice, which can be accessed by anyone who has been sent the url link to your invoice. We make the invoice links purposefully long and hard to guess for added security, and we prevent search engines from indexing them. 138 | 139 | The history of changes to the billing contact information on the invoice made by you or our team are logged and stored in our transaction database. 140 | 141 | The data we collect in our transaction database, including Personal Data, is not shared with third parties, except for the purposes of determining the validity of a payment. In this case we may share the name and email address associated with the purchase with the credit card holder, your company's accounting department, or with our payment processor when responding to a chargeback. 142 | 143 | We use a third-party, [Quaderno](https://quaderno.io/policies/privacy/), to help us with tax automation within our billing system. 144 | 145 | **Element Home Account Setup** 146 | 147 | When setting up an Element Home account via the setup wizard, we will temporarily access your account data, in order to migrate your existing Matrix account to your new Element Home account. This includes: 148 | 149 | * List of rooms you have joined 150 | * Power levels in those rooms 151 | * Your avatar 152 | 153 | The setup wizard will also request your OpenID and access token, in order to retrieve your name and verified email address. This information will be temporarily sent to our backend, but will not be retained following your setup completion. 154 | 155 | If you do not have an email address verified by a trusted homeserver (such as Matrix.org), we will require you to add and verify a valid email address, for billing and host setup purposes. 156 | 157 | **Lead generation and marketing information** 158 | 159 | We might collect information about you through adverts placed in third-party platforms such as [LinkedIn](https://www.linkedin.com/), [Twitter](https://twitter.com/) or [Google](https://www.google.com/). Whenever you click an advert on these platforms you may be asked to provide details such as: 160 | 161 | * Email address 162 | * Organisation of employment 163 | * Job title 164 | 165 | Within each of these adverts you will be notified of the legal basis under which your data will be processed. This information will be stored on our marketing automation platform [Outplay](https://outplayhq.com/) and our CRM systems [Salesforce](https://www.salesforce.com/uk/?ir=1) and [Pipedrive](https://www.pipedrive.com/), and will be processed in accordance with this policy. We also use [Hubspot](https://www.hubspot.com/), [Matomo](https://matomo.org/) and [Posthog](https://posthog.com/) to manage our website analytics and marketing automation. 166 | 167 | #### 2.2.2 Information we collect automatically as you use the service: 168 | 169 | **Connection Information** 170 | 171 | We log the IP addresses of everyone who accesses Element. This data is used in order to mitigate abuse, debug operational issues, and monitor traffic patterns. Our logs are kept for: 172 | 173 | * 30 days, for EMS Customer IP addresses; 174 | * 180 days, for Element chat app IP addresses; 175 | 176 | **Device information and management** 177 | 178 | We track devices accessing Element hosting services. Where possible, we record the device identifier, IP address, user agent, device model and version, client details and the time at which the device last connected to the service. 179 | 180 | This information is gathered to help you to manage your devices with the device manager - you can view and manage the list of devices by using a Matrix client such as the Element chat app. 181 | 182 | **Usage Information** 183 | 184 | We track usage data for Element hosting services. When you are signed in to your account we may track your usage of the site and associate that information with your account details. This data helps us understand how our users are using the application so that we can make improvements to the Service. 185 | 186 | Our analytics are powered by the Free and Open Source analytics platform [Matomo](https://matomo.org/), hosted entirely within our network. The servers which host this data are located in the EEA, specifically in London, United Kingdom. We don't share any analytics data with third parties. 187 | 188 | If you are using the Element chat app, you will be asked to opt-in to this anonymised data collection. Your use of the Service does not rely on your opt-in to this. When using any of the Element chat clients after opt-in, your visit to the service will be logged, alongside your device ID and agent. This allows us to understand usage patterns based on each platform. The mapping of this data is logged for 28 days - from this point on only aggregated data is kept, for operational and statistical purposes. For further details on our collection and usage of analytics data, please see our [Cookie Policy](https://element.io/cookie-policy). 189 | 190 | When reporting errors we might collect some information to help us find a solution. This may include your IP address, hostname, full name and e-mail address. This information is collated in the application monitoring platform [Sentry](https://sentry.io/welcome/) and is subject to strict retention policies. 191 | 192 | **Location Information** 193 | 194 | We may collect location data on you, if you choose to use the static or live location sharing features within the Element app. This includes your longitude, altitude and latitude data in order to accurately calculate your precise location. 195 | 196 | Location data is held within the room in which it is shared, so it will be encrypted in encrypted rooms and not encrypted in rooms where encryption is switched off. You will be shown a disclaimer during your first time using this feature, but please apply caution and consideration when sharing your personal data within the app. 197 | 198 | The Element clients use the third-party service [MapTiler](https://www.maptiler.com/) to provide the images used to display maps. 199 | 200 | ### 2.4 Sharing Data in Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights 201 | 202 | In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to 203 | 204 | (a) comply with any applicable law, regulation, legal process or governmental request, 205 | 206 | (b) protect the security or integrity of our products and services (e.g. for a security audit), 207 | 208 | (c) protect Element and our users from harm or illegal activities, or 209 | 210 | (d) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the serious bodily harm of any person. 211 | 212 | ### 2.5 How Do You Handle Passwords? 213 | 214 | We never store password data in plain text; instead they are stored hashed (with at least 12 rounds of bcrypt, including both a salt and a server-side pepper secret). Passwords sent to the server are encrypted using SSL. 215 | 216 | It is your sole responsibility to keep your user name, password and other sensitive information confidential. Actions taken using your credentials shall be deemed to be actions taken by you, with all consequences including service termination, civil and criminal penalties. 217 | 218 | If you become aware of any unauthorised use of your account or any other breach of security, you must notify Element immediately by sending an email to [dpo@element.io](mailto:dpo@element.io). Users should manage good password hygiene (e.g. using a password manager) and change their password if they believe their account is compromised. 219 | 220 | If you forget your password (and you have registered an email address) you can use the password reset facility to reset it. 221 | 222 | ### 2.6 Our Commitment to Children's Privacy 223 | 224 | We never knowingly collect or maintain information in Element, through any of the Services provided, from those we know are under 16, and no part of Element is structured to attract anyone under 16. If you are under 16, please do not use the Service. 225 | 226 | ### 2.7 How Can I Access or Correct My Information? 227 | 228 | If you are a customer of Element Matrix Services (EMS) you can access all personal information that we collect by using the account management interface at [https://element.io](https://element.io) You can download a copy of all your data as per section 2.1.3. 229 | 230 | If you are a user of the Element chat app you can request a copy of your data by emailing [dpo@element.io](mailto:dpo@element.io). We are working on a solution which will allow you to download the data automatically. 231 | 232 | ### 2.8 Who Can See My Homeserver Configuration? 233 | 234 | Data stored in Element is accessible by the Customer's account and by Element engineers (employees and contractors) under the conditions outlined below. 235 | 236 | ### 2.9 What Are the Guidelines Element Follows When Accessing My Data? 237 | 238 | * We restrict who at Element (employees and contractors) can access Element non-encrypted data to roles which require access in order to maintain the health of the Element apps and services. 239 | * We never share what we see with other users or the general public. 240 | 241 | ### 2.10 Who Else Has Access to My Data? 242 | 243 | We host the Element Matrix Services on Amazon Web Services (AWS), specifically: 244 | 245 | * Our admin server is hosted in an AWS data centre in Amsterdam; 246 | * Our deployment server is hosted in an AWS data centre in Stockholm; 247 | * Customer deployments have the option to select the geographical location which is the most convenient for them; 248 | 249 | We also host the Gitter.im app on AWS, in a datacenter based in the East of the US. 250 | 251 | Amazon employees may have access to some of this data. Here's [Amazon's privacy policy](https://aws.amazon.com/privacy/). Amazon controls physical access to their locations. 252 | 253 | We use Cloudflare to mitigate the risk of DDoS attacks. Here's [CloudFlare's privacy policy](https://www.cloudflare.com/privacypolicy/). 254 | 255 | Physical access to our offices and locations use typical physical access restrictions. 256 | 257 | We use secure private keys when accessing servers via SSH, and protect our AWS console passwords locally with a password management tool. 258 | 259 | Nobody at Element, or any of our processors, is able to access encrypted data. 260 | 261 | ### 2.11 What happens if Element is sold? 262 | 263 | In the event that we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets. 264 | 265 | If we or substantially all of our assets are acquired by a third party, personal data held by us about our users will be one of the transferred assets. 266 | 267 | ### 2.12 How Is My Data Protected from Another User's Data? 268 | 269 | All of the Element user data resides within the same dedicated cluster. We use software best practices to guarantee that only the Customer can access it. In other words, we segment User data via software. We do our best and are very confident we're doing a good job at it, but, like every other service that hosts User data on the same database, we cannot guarantee that it is immune to a sophisticated attack. 270 | 271 | ### 2.13 What Should I Do If I Find a Security Vulnerability in the Service? 272 | 273 | If you have discovered a security concern, please email us at [security@element.io](mailto:security@element.io). We'll work with you to make sure that we understand the scope of the issue, and that we fully address your concern. Information security is our highest priority, and work to address any issues that arise as quickly as possible. 274 | 275 | Please act in good faith towards our users' privacy and data during your disclosure. White hat security researchers are always appreciated. 276 | 277 | ## 3. Making a Complaint 278 | 279 | We try to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring it to our attention at [dpo@element.io](mailto:dpo@element.io) if they think that our collection or use of information is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures. 280 | 281 | If you want to make a complaint about the way we have processed your personal information to the supervisory authority, you can contact the ICO (the statutory body which oversees data protection law) at [https://www.ico.org.uk/concerns](https://www.ico.org.uk/concerns). 282 | 283 | ## 4. Document History 284 | 285 | * 2018, March 28: Policy document for public homeserver exposed at https://matrix.org was created. 286 | * 2018, August 2: This document was derived from the above. 287 | * 2020, July 15: Document revision 288 | * 2020, August 14: Updates to section 2.2.2 and 2.10 289 | * 2020, October 2: Update to section 2 to include Gitter user data and section 2.2.2 to include Sentry error log collection 290 | * 2021, February 22: Updates to section 2, to include Element Home offering and update to section 2.2.1 to include marketing Information 291 | * 2021, April 23: Updates to 1.1 to include US subsidiary and 2.2.1 to cover Twilio for 2FA 292 | * 2021, October 11: updates to 2.2.1 to cover changes in Marketing subprocessors 293 | * 2021, December 1: updates to 1.2 to define relationship with identity servers 294 | * 2022, May 30: updates to 2.2.2 to include location sharing 295 | * 2022, August 18: updates to 2.2.2 to include device managment 296 | 297 | -------------------------------------------------------------------------------- /vector-im-policies/docs/ems/terms_and_conditions.md: -------------------------------------------------------------------------------- 1 | --- 2 | title: Element Matrix Services Customer Terms and Conditions 3 | version: 2.0.0 4 | --- 5 | 6 | These Element Matrix Services Customer Terms and Conditions ('Customer Terms') govern your use and access of our Services. Authorised Users are bound by the Users Terms and Conditions ('Users Terms'). Please read this document carefully before accessing or using this service! 7 | 8 | ## 1. Introduction 9 | 10 | ### 1.1 Definition of Terms 11 | 12 | When you read the 'Customer' or the 'Homeserver Owner' below it refers to the individual, or the organisation represented by the individual, agreeing to these Customer Terms during the set-up of a homeserver via the Element Matrix Services interface. 13 | 14 | If you, as an individual, sign up with a personal email address, you are the Customer. 15 | 16 | If you, as an individual, sign up with a corporate email domain, the Customer will be the organisation behind the email domain, and the Customer can modify and re-assign roles on the Homeserver, including your role, while still being bound by these Customer Terms. 17 | 18 | If the Customer decides to replace you as the representative with ultimate authority for the Homeserver, we will provide you with notice following such decision and you agree to take any actions reasonably requested by us or the Customer to facilitate the transfer of authority to a new representative of the Customer. Please make sure you have the authority to represents an Organisation when signing-up with a corporate email domain and agreeing to these Customer Terms on behalf of the organisation. 19 | 20 | The Customer can invite users or open free registration to their Homeservers. People who have been invited, or have registered freely, to use a Homeserver controlled by the Customer are 'Authorised Users' of that Homeserver. 21 | 22 | When you read 'Element Matrix Services', 'EMS' or 'the Hosting Service' it refers to the service exposed at [https://element.io/ems](https://element.io/ems) for the purchase, configuration and management of Matrix homeservers hosted and run by New Vector Ltd (trading as Element). 23 | 24 | When you read 'the Homeserver' or 'the Communication Service', it refers to an instance of a Matrix homeserver provisioned by the customer via EMS. This instance makes available communication services which might include messaging features in public and private chat room, voice and video calls and interactions with third-party applications. The Homeserver stores the users' account and personal conversation history and may provide services such as bots and bridges, and may communicate via the open Matrix decentralised communication protocol with the public Matrix Network, if you, as the Homerserver Owner, choose to. 25 | 26 | The 'Services' refers to both the Hosting and Communication Services. 27 | 28 | Where you read 'Element' or *'we'* or *'us'* below, it refers to Element, a trading name of New Vector Ltd. and its French subsidiary: New Vector SARL and their agents. 29 | 30 | **This agreement does not apply to Matrix servers run by anyone else - Matrix is an open network like the Web and this agreement only applies to the server provisioned by the Customer and provided by Element.** 31 | 32 | If this agreement is not acceptable, please use a Matrix homeserver provided by someone else! 33 | 34 | ### 1.2 Using The Service Means Accepting These Terms 35 | 36 | By using the Hosting Service and provisioning a Homeserver the Customer agrees to and is bound by the terms and conditions written in this document. 37 | 38 | By accessing or using the Communication Service in any way, whether the Customer has created a Matrix account on the Homeserver, or whether they are accessing content federated from the Homeserver to another Matrix homeserver, or are just browsing rooms as an unauthenticated guest, the Customer agrees to and is bound by the Users Terms. 39 | 40 | If the Customer does not agree to all of the terms and conditions contained in this document, they should use a Matrix server provided by someone else and refrain from provisioning this server. 41 | 42 | ### 1.3 Between The Customer and The Authorised Users 43 | 44 | These Customer Terms gives the Customer the right to provision, configure and invite others to use the Homeserver. They may enable or disable federation to the rest of the Matrix network, close rooms, turn off the access to the service, change the accessibility rules (from invite only to open registration or vice versa, or forbid the read-only mode) etc... 45 | 46 | You agree that it is solely the Customer's responsibility to inform the Authorised Users of any relevant policies and practices they would like to enforce on their Service which come in addition to the default ones we enforce below. If there is any contradiction between the Customer's policies and Element ones, the ones enforced by Element will prevail (e.g. a Customer cannot override the fact that illegal activities are forbidden on the servers, but can enforce the obligation for new users to introduce themselves in a lobby room). 47 | 48 | ### 1.4 This Is a Living Document 49 | 50 | This is a living document. With your help, we want to continuously improve it. 51 | 52 | If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We're all ears! Email [support@element.io](mailto:support@element.io) and we'll chat. 53 | 54 | We don't amend this document for any specific Customers, Users or use case, but if your proposed changes apply more broadly, we'll be happy to update it for everyone. 55 | 56 | If we make a material change to this document we will provide you with reasonable notice prior to the change coming into effect. We will set forth the date upon which the changes will become effective, and any use of the Hosting Service after said date will constitute your acceptance of these changes, as a Homeserver Owner. 57 | 58 | Your access and use of the Hosting Service is always subject to the most current version of this document. 59 | 60 | Should you have other questions or concerns about this document, please contact us at [support@element.io](mailto:support@element.io) or at our mailing address below: 61 | 62 | Element 63 | c/o New Vector Ltd. 64 | 10 Queen Street Place, London, United Kingdom, EC4R 1AG 65 | 66 | ### 1.5 Breach of Terms 67 | 68 | If the Customer breaches any of the terms and conditions in this document, and the breach is not cured within fifteen (15) days after we provide notice of the breach your authorization to access and use the Hosting Service automatically terminates. Similarly, if we breach any of our obligations listed in these Customer Terms, the Customer may terminate the contract within fifteen (15) days notice of the breach. 69 | 70 | For the sake of clarity, the Authorised Users are responsible for any breaches of the Users Terms they cause, but the Customer is responsible for any breach of these Customer Terms caused by its Authorised Users. We may terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law. 71 | 72 | ## 2. Intellectual Property Rights 73 | 74 | ### 2.1 Who Owns the IP of The Authorised User's Messages and Files? 75 | 76 | Unless stated otherwise in direct agreements between the Authorised Users and the Customer (e.g. an employment contract), the Homeserver Owner can not claim intellectual property rights over rooms, message content or files Authorised Users uploaded to the Homeserver, directly or over federation or bridging. 77 | 78 | The Customer acknowledges and agrees that Element have no liability of any kind should anyone Authorised Users granted access to their messages or files modify, destroy, corrupt, copy or distribute them, or violate the terms of use or other limitations that the Users may impose on the use of their shared content. 79 | 80 | The Customer may pre-screen Users' messages or files to prevent spam and other abuse, and messages or files (including entire rooms) may be removed from the Homeserver for any reason without notice at the discretion of either Element or the Homeserver Owner. By posting or uploading their messages or files, Authorised Users represent and warrant that they own or otherwise control all of the intellectual property rights and other rights to their user materials as described in the Users Terms of Use, including all the rights necessary for them to post or upload said messages or files. 81 | 82 | Authorised Users are solely and entirely responsible for all of the messages and files that they post or otherwise submit via the Service. Authorised Users shall assume all risks associated with the use of said content including any reliance on the accuracy, completeness or usefulness. Element does not guarantee the accuracy, integrity or quality of their messages or files. 83 | 84 | As part of the User Terms, Authorised Users acknowledge and agree that by accessing or using the Communication Service, they may be exposed to user materials from others that are offensive, indecent or otherwise objectionable. 85 | 86 | ## 3. Use of The Hosting and Communication Services 87 | 88 | The Customer must comply with these Customer Terms and ensure that their Authorised Users comply with both these Customer Terms and the Users Terms. We may review the users' conduct for compliance purposes, but we have no obligation to do so. We are not responsible for the content of the Customer's or their Authorised User's data, or the way the Customer or their Users decide to use the Communication Service. 89 | 90 | The Customer must ensure that all Authorised Users are at least 16 (sixteen) years old to use both our Hosting and Communication Services or such greater age required in their country to register for or use our Hosting and Communication Services. 91 | 92 | We are not responsible for providing internet connectivity to the Authorised Users for the use of the Services. 93 | 94 | Any illegal content, and in particular any content containing or promoting indecent images/depictions of children, are utterly prohibited on the Services. When the Customer becomes aware of such content, they are responsible for reporting it to us so we can refer the details to the relevant authorities. If the Customer has found an account, room or group being used for the distribution or promotion of child sexual exploitation or any illegal content, please share the details in an email to [abuse@element.io](mailto:abuse@element.io). 95 | 96 | If we believe 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, we will, in most cases, ask the Customer to take direct action rather than intervene. However, if the Customer doesn't take appropriate action or if we believe there is a credible risk to harm us, the Service, Authorised Users or any third parties, we will directly take what we believe is the appropriate action. 97 | 98 | ## 4. Our Responsibilities 99 | 100 | ### 4.1 Provide the Services 101 | 102 | We are responsible for providing the Services as described in the introduction of this document, until the resources and number of user limits defined for the selected homeserver size are met. Once one of these thresholds is met, the Communication Service will be limited or made partially or fully unavailable, depending on which threshold is reached first. 103 | 104 | ### 4.2 Uptime 105 | 106 | We do not guarantee that the Services will be accessible at all times. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We do not yet offer contracted SLA for availability of the Services and your data. 107 | 108 | We monitor the Services closely and have set up automated alarms to be notified (via email, push notifications and phone calls) when the servers, and in particular the Homeserver, are under stress, so that we can deal with the issue before it becomes a problem that might impact user access. We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide the Customer with advance notice (e.g., through the Services), if we think it may exceed five (5) continuous minutes. 109 | 110 | You acknowledge and agree that Element shall not be liable for any failure to store your materials on the Homeserver at any time. 111 | 112 | ### 4.3 Data Protection and Processing 113 | 114 | We will ensure to set-up, at a minimum, reasonable data practices for maintaining the confidentiality and security of the Customer's and User's Data and preventing unauthorized access. For more details please check our [Privacy Policy](/privacy_policy) and [Cookie Policy](/cookie_policy). 115 | 116 | ## 5. Pricing Definitions and Payment Obligations 117 | 118 | Note: All the prices displayed are excluding tax. Taxes will be automatically calculated based on the Customer's credit card details and billing address and displayed in the invoices, if not null. 119 | 120 | The fees for the Hosting Service are specified in the pricing section of the EMS Hosting page of the EMS website, as well as in the set-up form of the Service. The fees for a new subscription must be paid in advance and will be automatically debited at the beginning of every billing period. The fees for changes made to an existing subscription (e.g. increase the number of Additional Users) will be adjusted in the next billing cycle. 121 | 122 | ### 5.1 Matrix Hosting: Hosted Homeservers for Matrix 123 | 124 | Each size of homeserver corresponds to a given pricing plan, which includes a number of Monthly Active User (MAU) and comes with hardware resources limits that the Customer can visualise in the "Metrics" section of their "Manage your server" page. 125 | 126 | #### 5.1.1 Type of users 127 | 128 | A "Monthly Active User" (MAU) is a unique user which has been active (i.e. made a request to the server by e.g. logging in, reading messages, sending messages or firing up the app) in the last 30 days. 129 | 130 | MAUs only contribute to the MAU total count when they are active and if they are older than 2 days, which means newly registered users can use the Service for free for 2 days. 131 | 132 | "Guest users" are users who access the Service in a read-only mode: they can read rooms but not write nor invite another user to chat, or create a room. Guest users do not contribute to the MAU total count and are free, but their activity does contribute to the resource usage of the host, when they peek in a room. Guest users access can be disabled in the host management panel. If guest users are disabled,every user will have to register to be able to read a room, and will as such contribute to the MAU total count (after 2 days). 133 | 134 | "Federated users" are users who are registered on another server but do participate in rooms alongside Authorised Users of this homeserver. Federated users do not contribute to the MAU total count and are free, but their activity does contribute to the resource usage of the host (i.e. their messages will be take space in your database, federating the messages will use your processor etc). Federation to the rest of the Matrix network can be disabled in the host management panel. This means that users registered on this host will only be able to interact with other users of the same host. 135 | 136 | **Once the maximum number of MAU is reached, users already using the service will be able to continue doing so, but new users or users who haven't been active in the last 30 days won't be able to use the Service**, until the Customer asks for an upgrade, or buys Additional Users (see below). 137 | 138 | The Customer can define "Reserved users", who will be able to login and use the Service even if the maximum number of MAU is reached. This effectively reserves slots for this list of users within the MAU total count. For example, on a 50-users server, if there are 10 Reserved Users, the 40 other users will be able to use the Service, but the 41st one will be locked out. Meanwhile any Reserved User will be able to continue using the service, even if they haven't been active in the last 30 days. 139 | 140 | "Public registration" allows users with any email address to register on the server. If disabled in the host management panel, the Customer will have to define the user domain they wish to whitelist (e.g. mycompany.com). In that case, only users with email addresses belonging to the whitelisted domain (e.g. john@mycompany.com) will be able to register. 141 | 142 | The User Quota chart at the bottom of the "Metrics" section gives an overview of the number and the split among each type of users on the host. 143 | 144 | #### 5.1.2 Resources 145 | 146 | Available resources for a given plan are bounded by the system resources allocated to the Homeserver. The Customer can visualise the amount of resources being used in the "Metrics" section of their "Manage your server" page. 147 | 148 | **Once 100% of the resources have been used up, all usage of the host will be blocked until the Customer contacts us to upgrade to a superior plan**. In the future, upgrading will a simple step or even automatic if the Customer wishes so. 149 | 150 | #### 5.1.3 Pricing 151 | 152 | We have defined a price per MAU per month which varies wiith the bundle to which you are subscribing. Every payment needs to be made upfront and is not cancelable, except if stated otherwise in a contract between the Customer and Element. Fees already paid are not refundable, and the full plan price will automatically be debited from the saved card on the billing anniversary of the subscription. The Customer can find the details of their upcoming and past bills in the "Billing" section of the "Billing" section of their account. **If the payment can't be taken, access to the server will be blocked for all users until the payment is cleared.** 153 | 154 | An upgrade to a superior hosting plan can take place at any point in the billing period. A downgrade can only happen at the anniversary date of the subscription. 155 | 156 | 157 | ### 5.2 Matrix Hosting: Additional Users 158 | 159 | The resource usage of a server is not linearly linked to the number of MAU on it: a small number of users can use huge resources and vice-versa. To palliate this we've introduced the ability to buy additional MAUs, the "Additional Users": if the server reached the maximum number of MAU but the resources usage is relatively low, the Customer can buy the ability to add more users on the plan. This will not increase the amount of resources available. 160 | 161 | These Additional Users will be priced at the same rate as the other users and have the same status as the MAUs included in the plan and just add up to the total count. 162 | 163 | Additional Users can be added and removed from the plan at any time and will be charged pro-rata temporis: full MAU price is charged at acquisition and the proportion of unused amount of time is reimbursed at deprovisioning. The consumed time is not refundable. 164 | 165 | ## 6. Support 166 | 167 | Support is available by email to [support@element.io](mailto:support@element.io). Queries will be addressed at a different priority level depending on the bundle which has been subscribed to: 168 | - Nickel: queries will be addressed on a best-effort basis. 169 | - Silver: queries will be prioritised, but no SLA is guaranteed. 170 | - Gold and above: queries will be prioritsed and we guarantee a turnaround within the next business day. 171 | 172 | Phone support is not yet provided. 173 | 174 | ## 7. App Developers 175 | 176 | We encourage everyone to write software that uses the Matrix Protocol and interfaces with the Communication Service. 177 | 178 | The Matrix Protocol and our implementation will change over time, and we may change or deprecate APIs or behaviour for any feature of the Communication Service from time to time - it is the Application Developer's responsibility to ensure that calls or requests they make to or via our Service are compatible with then-current APIs for the Communication Service. We will always try to inform the Application Developer of any changes with reasonable notice so they can adjust their Application, but we are under no obligation to do so. 179 | 180 | Provided that the Application Developer comply with the terms of this Agreement and our policies and procedures, you may use the Hosting Service to execute Applications owned by them. You are solely responsible for the Applications you run, including any data, text, images or content they contain. 181 | 182 | Although the Customer might prevent access and integration to third party applications and bridges. 183 | 184 | ## 8. Termination of Use 185 | 186 | The Customer can terminate the subscription at any time, although the fees for the Plan for the billing period are not refundable. 187 | 188 | ## 9. Encryption 189 | 190 | The Communication Service may allow the Authorised Users to encrypt their communications end-to-end between devices. There may be restrictions and limitations on the import, possession, use, transfer and/or export of strong encryption technology under the laws of the country in which the Authorised Users intend to use the Communication Service. As mentioned in the Users Terms it is their sole obligation and responsibility to check such restrictions and limitations before using the Communication Service and to comply with them. We reserve the right to suspend the Communication Service immediately and without notice if we determine, in our sole judgment, that the Service is being used in violation of local regulations governing the use of cryptographic technologies (even though we have no responsibility to make such determination). 191 | 192 | Some of our plans give the opportunity to disable end-to-end encryption. 193 | 194 | ## 10. Warranties and Disclaimers 195 | 196 | The Hosting Service is provided by Element under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Element or the Homeserver Owner make no warranty that: 197 | 198 | 1. the Hosting and Communication Services will meet your requirements; 199 | 1. the Services will be uninterrupted, timely, secure, or error-free; 200 | 1. the quality of the Services will meet your expectations; and 201 | 1. any errors or defects in the Services will be corrected. 202 | 203 | You acknowledge and agree that: 204 | 205 | 1. Element does not control, endorse, or accept responsibility for any materials or services offered by third parties (except where stated otherwise), including third-party vendors and third parties accessible through linked sites; 206 | 1. Element makes no representations or warranties whatsoever about any such third parties, their materials or services; 207 | 1. any dealings you may have with such third parties are at your own risk; and 208 | 1. Element shall not be liable or responsible for any materials or services offered by third parties. 209 | 210 | Element does not control or endorse the materials or message content found in any rooms or communities. To the maximum extent permitted by law, Element will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Element also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user messages or files. 211 | 212 | The use of the Hosting and Communication Services is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Element assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from Element or via the site, services or materials shall create any warranty not expressly stated in the terms of use. Element will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge. 213 | 214 | Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety days. 215 | 216 | ## 11. Indemnity and Liability 217 | 218 | You agree to indemnify and hold Element and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: 219 | 220 | 1. your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Services, including a third party's use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials) 221 | 1. your access to or use of the Services (including any use by your employees, contractors or agents and all uses of your usernames and passwords, whether or not actually or expressly authorized by you, in connection with the Service); 222 | 1. your connection to the Services; 223 | 1. your violation of both the Customer and Users Terms of Use; 224 | 1. your infringement of any third party's intellectual property rights when using any of the software made available on the Service; 225 | 1. your violation of any rights of any third party; 226 | 1. your access to or use of linked sites and your connections thereto; or 227 | 1. any dealings between you and any third parties advertising or promoting via the Service. 228 | 229 | ## 12. Emergency Service Calls 230 | 231 | The Communication Service does not and is not intended to support or carry emergency calls to any emergency services (e.g. E911 or 112 numbers). We are not liable for any claims, damages or loss which arise from this limitation. 232 | 233 | ## 13. Limitation of Liability 234 | 235 | In no event shall Element, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Element has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with: 236 | 237 | 1. the access or use of or the inability to access or use the Services; 238 | 1. the statements or actions of any third party on or via the site, services or materials; 239 | 1. any dealings with vendors or other third parties; 240 | 1. any unauthorized access to or alteration of your transmissions, user materials or other data; 241 | 1. any information that is sent or received or not sent or received; 242 | 1. any failure to store or loss of data, files, materials or other content; 243 | 1. any services available that are delayed or interrupted; 244 | 1. any web site referenced or linked to from this site; or 245 | 1. your access to or use of or inability to access or use any linked site. 246 | 247 | Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. 248 | 249 | ## 14. Governing Law and Jurisdiction 250 | 251 | This Agreement shall be governed by the laws of England and Wales, excluding its conflict of law provisions. Unless contrary to the law where you reside, all disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of England and Wales and you expressly consent to the exercise of personal jurisdiction in the courts of England and Wales in connection with any such dispute. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. 252 | 253 | ## 15. General 254 | 255 | The Services are licensed, not sold, to you, the Customer, by Element for use strictly in accordance with the terms and conditions of this Agreement. Ownership of the Services shall at all times remain with Element. Access to the Services is provided to you only to allow you to exercise your rights under this Agreement. 256 | 257 | ### 15.1 Grant of Licence 258 | 259 | Subject to your acceptance of, and compliance with, this Agreement and any payment requirements for the Services (if applicable), Element hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable licence, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by us that augment or enhance one of the current Service shall also constitute "Service" and shall be subject to these terms and conditions. All rights not expressly granted under this Agreement are retained by Element. 260 | 261 | You may also be subject to additional terms and conditions that may apply when you use other Element services, third party content or third party software. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Element to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect. 262 | -------------------------------------------------------------------------------- /docs/matrix-org/privacy_notice.md: -------------------------------------------------------------------------------- 1 | --- 2 | title: {{ policy_homeserver }} Matrix Foundation Privacy Policy 3 | version: 3.1.0 4 | --- 5 | 6 | Please read this document carefully before accessing or using this service. 7 | 8 | ## 1. Introduction 9 | 10 | ### 1.1 English, not legalese 11 | 12 | Most Privacy Policy documents are unreadable. They are written by lawyers and for lawyers, and in our opinion are not very effective. 13 | Data protection and privacy are important, and we want you to understand the issues involved. For that reason we decided to use plain English instead as much as possible, to make our terms as clear as possible. 14 | 15 | When you read 'the Matrix.org homeserver' or 'the Service' below, it refers to the services made available at https://matrix.org which store your account and personal conversation history, provide services such as bots and bridges, and communicate via the open Matrix decentralised communication protocol with the public Matrix Network. 16 | 17 | The public Matrix Network is a decentralised and openly federated communication network. This means that user messages are replicated on each participant's server and messages posted to a room are visible to all participants including in some cases any new joiners. This is further explained at 2.3. 18 | 19 | Where you read The Matrix.org Foundation C.I.C., The Matrix.org Foundation, or The Foundation, it refers to the Community Interest Company incorporated on 29 October 2018 to be the neutral custodian of the Matrix protocol: The Matrix Foundation C.I.C., and their agents. 20 | 21 | The Matrix protocol is licensed by the Matrix Foundation which makes it available to third parties who set up their own homeserver. This privacy policy does not apply to such Matrix servers run by anyone else - Matrix is an open network like the Web and this agreement only applies to the server (Matrix.org) provided by Element. 22 | 23 | Matrix.org is the Data Controller for the Service and works with [Element](element.io) as a Processor for data processing, hosting and management purposes. We can be contacted as per the details below: 24 | 25 | Email: [dpo@matrix.org](mailto:dpo@matrix.org) 26 | 27 | Postal address: 28 | 29 | The Matrix.org Foundation 30 | 10 Queen Street Place 31 | London 32 | United Kingdom 33 | EC4R 1AG 34 | 35 | 36 | Should you have other questions or concerns about this document, please send us an email at [dpo@matrix.org](mailto:dpo@matrix.org). 37 | 38 | ### 1.2 This is a living document 39 | 40 | This is a living document. With your help, we want to make it the best in the industry. 41 | 42 | If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We're all ears! Email dpo@matrix.org and we'll chat. 43 | We don't amend this document for any specific users or use case, but if your proposed changes apply to all of our users, we'll be happy to update it for everyone. Scroll to the bottom to see the history so far. 44 | 45 | We will likely improve this document over time and we will take steps to inform our users about any updates. By continuing to use the Service, you will implicitly accept the changes we make. If updates to this document are ever associated with significant changes to the way we collect our process your data, we will promptly notify you. 46 | 47 | Your access and use of the Service is always subject to the most current version of this document. 48 | 49 | ## 2. Access to your Data 50 | 51 | ### 2.1 What is the legal basis for processing my data and how does this affect my rights under GDPR (General Data Protection Regulation)? 52 | 53 | #### 2.1.1 Legal basis for processing 54 | 55 | Matrix.org processes your data under a Legitimate Interest basis of processing, to provide our Service to you in an efficient and secure manner and to ensure the legal compliance and proper administration of our business. Essentially, this means that we process your data only as necessary to deliver the Service and for internal administration purposes, and in a manner that you understand and expect. We also carry out processing that is necessary to provide our Service to you under our Matrix.org Homeserver Terms and Conditions and processing that is necessary to comply with our legal obligations. Where consent is required by law in relation to certain processing, we will ask for your consent. 56 | 57 | We process your information for the purposes of providing our decentralised, openly-federated and end-to-end encrypted communication Service, getting in touch with you, responding to your requests, working with our suppliers to deliver the Service and enabling its features, ensuring the security of our Service, developing, fixing and improving our Service, administering our business and complying with the law. 58 | 59 | The nature of the Service and its implementation results in some caveats concerning this processing, particularly in terms of GDPR Article 17 Right to Erasure (Right to be Forgotten). We believe these caveats (discussed in the section below in detail) are in line with the broader societal interests served by providing the Service. 60 | In situations where the interests of the individual appear to be in conflict with the broader societal interests, we will seek to reconcile those differences guided by our policy. 61 | 62 | #### 2.1.2 Your rights as Data Subject 63 | 64 | You have rights in relation to the personal data we hold about you. Some of these only apply in certain circumstances. Some of these rights are explored in more detail elsewhere in this document. For completeness, your rights under GDPR are: 65 | 66 | 1. The right to be informed 67 | 1. The right of access 68 | 1. The right to rectification 69 | 1. The right to erasure 70 | 1. The right to restrict processing 71 | 1. The right to data portability 72 | 1. The right to object 73 | 1. Rights in relation to automated decision making and profiling. 74 | 75 | We may ask for proof of identity before responding to your request. For more details about these rights, please see the guidance provided by the ICO. If you have any questions or are unsure how to exercise your rights, please contact us at [dpo@matrix.org](mailto:dpo@matrix.org). 76 | 77 | #### 2.1.3 Right to erasure 78 | You can request that we forget your copy of messages and files by instructing us to deactivate your account (using a Matrix client such as the Element chat app) and selecting the option instructing us to forget your messages. What happens next depends on who else had access to the messages and files you had shared. 79 | 80 | Any messages or files that were only accessible by your account will be deleted from our servers within 30 days. 81 | 82 | Where you shared messages or files with another registered Matrix user, that user will still have access to their copy of those messages or files. Apart from state events (see 2.1.3.1 below), these messages and files will not be shared with any unregistered or new users who view the room after we have processed your request to be forgotten. 83 | 84 | State events are processed differently to non-state events. State events are used by the Service to record, amongst other things, your membership in a room, the configuration of room settings, your changing of another user's power level and your banning a user from a room. Were we to erase these state events from a room entirely, it would be very damaging to other users' experience of the room, causing banned users to become unbanned, revoking legitimate administrator privileges, etc. We therefore share state events sent by your account with all non-essential data removed ('redacted'), even after we have processed your request to be forgotten. This means that your username will continue to be publicly associated with rooms in which you have participated, even after we have processed your request to be forgotten. We are actively working on a solution to work around this restriction and allow you to be fully forgotten while maintaining a high quality experience for other users. If this is not acceptable to you, please do not use the Service. 85 | 86 | Because an account deactivation actions the removal of any data which could be used to validate the ownership of an account, it is our policy to not reactivate deactivated accounts. This measure is in place to protect the privacy and integrity of all accounts. 87 | 88 | #### 2.1.3.1 Exceptional erasure 89 | 90 | As described above, erasing a state event may result in our needing to erase the entire conversation at the same time. Deciding whether to take this drastic step will require a balancing exercise to be carried out at the time of the request, and will depend on: 91 | 92 | 1. the nature of the Personal Data that the user is requesting to be erased; 93 | 1. how many other users would have their fundamental rights and freedoms put at risk if the Right to Erasure were to be exercised 94 | 1. to what degree these other users would have their fundamental rights and freedoms put at risk if the Right to Erasure were to be exercised 95 | 96 | The Personal Data contained in a state event is usually limited to the username, the timestamp and the conversation in which the state event was issued. State events only represent that a user participated in a given conversation at a given time. It is rare that this data is sensitive enough to warrant its erasure given the drastic impact this will have on other users. 97 | 98 | Each case will be decided based on the factors listed above. In most situations we will not erase state events. In extreme situations, where not erasing state events will place people at material risk of harm, we may choose to erase state events or remove the entire conversation. 99 | 100 | #### 2.1.3 Data portability 101 | 102 | Under GDPR you have a right to request a copy of your data in a commonly-accepted format. If you would like a copy of your data, please send a request over Matrix to dpo@matrix.org. In the future we will provide a better interface for this! 103 | 104 | #### 2.2 What Information Do You Collect About Me and Why? 105 | 106 | The information we collect is purely for the purpose of providing your communication service via Matrix. We do **not** profile users or their data on the Service. 107 | 108 | Be aware that while we do not profile users on the Service, third party Matrix clients may gather usage data. 109 | 110 | #### 2.2.1 Information you provide to us: 111 | 112 | We collect information about you when you input it into the Service or otherwise provide it directly to us. 113 | 114 | #### 2.2.1.1 Account and profile information 115 | 116 | We collect information about you when you register for an account. This information is kept to a minimum on purpose, and is restricted to: 117 | * Username 118 | * Password 119 | * Display Name (if you choose to provide one) 120 | * Your email address (if you choose to provide it) 121 | * Your verified telephone number (if you choose to provide it) 122 | * Your username and password is used to authenticate your access to the Service and to uniquely identify you within the Service. 123 | * Your password is stored until you change it or your account is deactivated (see 2.5 for details on how passwords are handled securely). Your username is stored indefinitely to avoid account recycling. 124 | * Your email address and/or telephone number, if you choose to provide them, are used so that other users can look up your Matrix ID from these identifiers. We will also use your email address to let you reset your password if you forget it, and to send you notifications about missed messages from users trying to contact you on Matrix if you enable the option. We may also send you infrequent urgent messages about platform updates. 125 | 126 | #### 2.2.1.2 Content you provide through using the Service 127 | 128 | We store and distribute the messages and files you share using the Service (and across the wider Matrix ecosystem via federation) as described by the Matrix protocol and according to the access rules configured within the system. Storing and sharing this content is the reason the Service exists. 129 | 130 | This content includes any information about yourself that you choose to share. 131 | 132 | #### 2.2.1.3 Information you provide through purchases in the Matrix Foundation shop 133 | 134 | The Matrix.org Shop is an online store at which you can purchase Matrix.org-branded merchandise, such as stickers or tee-shirts. All proceeds go to The Matrix.org Foundation. Data you provide for this purpose is processed under Performance of Contract. This means that we process your data for the purposes of fulfilling orders you make from us, getting in touch with you, responding to your requests, working with our suppliers to deliver the Service and enabling its features, ensuring the security of our Service, developing, fixing and improving our Service, administering our business and complying with the law. 135 | 136 | The information we collect is purely for the purpose of taking payments for merchandise and shipping your purchases to you. We do not profile users or their data on the Service. 137 | We may need your personal information to establish, bring or defend legal claims. For this purpose, we will retain your personal information for the statutory recommended 7 years after the date it is no longer needed by us for any of the purposes listed under How we use your information above. 138 | 139 | ##### 2.2.1.3.1 Information you provide to us: 140 | 141 | We collect information about you when you input it into the Service or otherwise provide it directly to us. 142 | 143 | * Name and contact details 144 | * Delivery address 145 | * Purchase information 146 | * Payment details (handled by a third party provider, not visible to Matrix.org Foundation employees) 147 | 148 | ##### 2.2.1.3.2 Information we collect automatically as you use the service: 149 | 150 | Your IP address is logged when you access the Service. This data is used in order to mitigate abuse and debug operational issues. Our logs are kept for not longer than 180 days. 151 | 152 | ##### 2.2.1.3.3 Third-parties 153 | 154 | **Printful** 155 | 156 | We have selected Printful to provide our shopfront. By purchasing from our shop, the following details will be shared with Printful: 157 | 158 | * Your purchase details 159 | * Your name and contact details 160 | * Your delivery address 161 | * IP addressed and cookies 162 | 163 | For further details, please refer directly to Printful's privacy policy: https://www.printful.com/policies/privacy 164 | 165 | **Stripe and Paypal** 166 | 167 | We use Stripe and Paypal to handle payment processing. By purchasing from our shop, the following details will be shared with either Stripe or Paypal: 168 | 169 | * Your payment details 170 | * Your purchase value 171 | 172 | Stripe and/or Paypal takes care of all payment processing, so The Matrix Foundation and its employees will never see your payment details. 173 | 174 | Here is Stripe's Privacy Policy: https://stripe.com/privacy-shield-policy and Paypal's: https://www.paypal.com/webapps/mpp/ua/privacy-full 175 | 176 | #### 2.2.2 Information we collect automatically as you use the Service: 177 | 178 | **Device and Connection Information** 179 | 180 | Each device you use to access the Service is allocated a (user-configurable) identifier. When you access the Service, we record the device identifier, the IP address it used to connect, user agent, and the time at which it last connected to the service. 181 | 182 | This information is gathered to help you to manage your devices - you can view and manage the list of devices by connecting to the Service with a Matrix client such as the Element app. 183 | 184 | Currently, we log the IP addresses of everyone who accesses the Service. This data is used in order to mitigate abuse, debug operational issues, and monitor traffic patterns. Our logs are kept for not longer than 180 days. 185 | 186 | ### 2.3 What information is shared with third-parties and why? 187 | 188 | #### 2.3.1 Sharing data with connected services 189 | 190 | We may share your information when working with our suppliers in order to provide the Service. 191 | 192 | In addition, the Matrix.org homeserver is a decentralised and open service. This means that, to support communication between users on different homeservers or different messaging platforms, your username, display name and messages and files are sometimes shared with other services that are connected with the Matrix.org homeserver. 193 | 194 | ##### 2.3.1.1 Federation 195 | 196 | Matrix homeservers share user data with the wider ecosystem over federation. 197 | 198 | When you send messages or files in a room, a copy of the data is sent to all participants in the room, including (depending on room settings) participants who join the room in future. If these participants are on remote homeservers, your username, display name, messages and files may be replicated across each participating homeserver. 199 | 200 | We will forget your copy of your data upon your request. We will also forward your request to be forgotten onto federated homeservers. However - these homeservers are outside our span of control, so we cannot guarantee they will forget your data. 201 | 202 | Federated homeservers can be located anywhere in the world, and are subject to local laws and regulations. 203 | 204 | Access control settings are shared between homeservers, as well as any requests to remove messages by "redactions", or remove personal data under GDPR Article 17 Right to Erasure (Right to be Forgotten). Federated homeservers and Matrix clients which respect the Matrix protocol are expected to honour these controls and redaction/erasure requests, but other federated homeservers are outside of the span of control of Element, and we cannot guarantee how this data will be processed. Federated homeservers can also be located in any territory, and will be subject to the local regulations of that territory. 205 | 206 | ##### 2.3.1.2 Bridging 207 | 208 | Some Matrix rooms are bridged to third-party services, such as IRC networks, Twitter or email. When a room has been bridged, your username, display name, messages and file transfers may be duplicated on the bridged service where supported. 209 | 210 | It may not be technically possible to support your management of your data once it has been copied onto a bridged service. 211 | Bridged services can be located anywhere in the world, and are subject to local laws and regulations. 212 | 213 | Access control settings, requests to remove messages by "redactions" or remove personal data under GDPR Article 17 Right to Erasure (Right to be Forgotten) are shared to bridging services, which are expected to honour them to the best of their ability. Be aware that not all bridged networks or bridges support the necessary technical capabilities to limit, remove or erase messages. If this is not acceptable to you, please do not use bridged rooms. 214 | 215 | ###### 2.3.1.3 Integration services (bots and widgets) 216 | 217 | The Matrix.org homeserver provides a range of integrations in the form of Widgets (miniature web applications accessed as part of a Matrix Client) and Bots (automated participants in rooms). 218 | 219 | Bots and Widgets currently have access to all the messages and files in any room in which they participate, although we are adding a more sophisticated access control system. 220 | 221 | ### 2.4 Transfers of your data 222 | 223 | If you use our Service your data will be transferred outside of the EU to other homeservers and services connected with matrix.org as this is necessary to provide the Service to you. By the very nature of our Service, such transfers will occur regularly and we have no control over the safeguards adopted by third party recipients. 224 | 225 | Where we engage suppliers to process your data outside the EU we will ensure that appropriate safeguards such as the Standard Contractual Clauses are in place. 226 | 227 | ### 2.5 Sharing data in compliance with enforcement requests and applicable laws 228 | 229 | In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to 230 | 231 | * (a) comply with any applicable law, regulation, legal process or governmental request, 232 | * (b) protect the security or integrity of our products and services (e.g. for a security audit), 233 | * (c) protect Element and our users from harm or illegal activities, or 234 | * (d) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the serious bodily harm of any person. 235 | 236 | Details on how we share data with Law Enforcement agencies can be found in our [Law Enforcement Guidelines](https://matrix.org/legal/law-enforcement-guidelines). 237 | 238 | ### 2.6 How do you handle passwords? 239 | 240 | We never store password data in plain text; instead they are stored hashed (with at least 4096 rounds of bcrypt, including both a salt and a server-side pepper secret). Passwords sent to the server are encrypted using SSL. 241 | 242 | It is your sole responsibility to keep your user name, password and other sensitive information confidential. Actions taken using your credentials shall be deemed to be actions taken by you, with all consequences including service termination, civil and criminal penalties. 243 | 244 | If you become aware of any unauthorised use of your account or any other breach of security, you must notify Element immediately by sending an email to [security@matrix.org](mailto:security@matrix.org). Suspicious devices can be deleted using the User Settings management tools in a Matrix client such as https://element.io/app, and users should manage good password hygiene (e.g. using a password manager) and change their password if they believe their account is compromised. 245 | 246 | If you forget your password (and you have registered an email address) you can use the password reset facility to reset it. 247 | 248 | You can manage your account by using a Matrix client such as Element, FluffyChat, Hydrogen and many others. Click [here](matrix.org/ecosystem/clients) for a comprehensive list of Matrix clients. 249 | 250 | It is our policy to not change passwords on your behalf. This is ultimately to protect your privacy and the integrity of your account. 251 | 252 | ### 2.7 Our commitment to children's privacy 253 | 254 | We never knowingly collect or maintain information in the Service from those we know are under 16, and no part of the Service is structured to attract anyone under 16. If you are under 16, please do not use the Service. 255 | 256 | ### 2.8 How can I access or correct my information? 257 | 258 | You can access all that we collect about you by using any compatible Matrix client (such as https://element.io/app) and managing your User Settings. You can request a download of a copy of all your data as per section 2.1.3. 259 | 260 | ### 2.9 Who can see my messages and files? 261 | 262 | In unencrypted and encrypted rooms, users connecting to the matrix.org homeserver (directly or over federation) will be able to see messages and files according to the access permissions configuration of the relevant room. This data is stored in the format it was received on our servers, and can be viewed by Element engineers (employees and contractors) under the conditions outlined below. 263 | 264 | Rooms have different visibility settings which are determined by the room administrators. The history visibility possibilities are the following, by increasing order of openness (least open first): 265 | 266 | - `joined`: people need to join the room to see the history, and will only see the messages sent after they joined. + 267 | - `invited`: people can only see messages sent after they were joined, no history is visible before that point. 268 | - `shared`: people need to join the room to see the history, but will then see the history up to when this visibility setting was set (the change is not retroactive). 269 | - `world_readable`: everyone can see the room history without even joining the room. 270 | 271 | If you share information in a room set to world_readable this might be available to people outside the Matrix ecosystem and indexed by search engines, via projects such as [archive.matrix.org](archive.matrix.org). Please ensure that you double check the settings of each room before you participate and always avoid sharing personal and sensitive data in unencrypted rooms. 272 | 273 | In encrypted rooms, the data is stored in our databases but the encryption keys are stored only on your devices or by yourself. Users can optionally backup an encrypted copy of their keys on the Service to aid recovery if they lose all their keys and devices. This key backup is encrypted by a recovery key that only the user has access to. Element (the company, employees, and contractors) are unable to read your message content in our database. If you lose access to your encryption keys, you lose access to your messages forever. 274 | 275 | We use HTTPS to transfer all data. End-to-end encrypted messaging data is stored encrypted using AES-256, using message keys generated using the Olm and Megolm cryptographic ratchets. 276 | 277 | ### 2.10 What are the guidelines matrix.org follows when accessing my data? 278 | 279 | As per 2.11, the Foundation contracts Element to manage the hosting and data management of the homeserver. We restrict who at Element (employees and contractors) can access user data to roles which require access in order to maintain the health of the Service; 280 | 281 | We have technical procedures in place to prevent unauthorised access to user data; 282 | 283 | We never share what we see with other users or the general public. 284 | 285 | ### 2.11 Who else has access to my data? 286 | 287 | Element is a Processor of your data, managing the homeserver on behalf of the Matrix Foundation. We host the majority of the Service in Mythic Beasts data centres. Here’s Mythic Beast’s privacy policy: https://www.mythic-beasts.com/terms/privacy 288 | 289 | We host some Services in in UpCloud data centres. Here's UpCloud's privacy policy: https://upcloud.com/privacy-policy/. UpCloud controls physical access to their locations. 290 | 291 | We store some files shared through the Service on Amazon Web Services (AWS). Amazon employees have access to this data. Here's Amazon's privacy policy: https://aws.amazon.com/privacy/. Amazon controls physical access to their locations. 292 | 293 | We use Cloudflare to mitigate the risk of DDoS attacks. Here's CloudFlare's privacy policy: https://www.cloudflare.com/privacypolicy/ 294 | 295 | Physical access to our offices and locations use typical physical access restrictions. 296 | 297 | We use secure private keys when accessing servers via SSH, and protect our AWS console passwords locally with a password management tool. We also enforce 2FA for accessing AWS. 298 | 299 | We log application data (username, user IP and user agent). We keep logs for no longer than 180 days. 300 | 301 | ### 2.12 What happens if Matrix.org is sold? 302 | 303 | In the event that we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets. 304 | 305 | If we or substantially all of our assets are acquired by a third party, personal data held by us about our users will be one of the transferred assets. 306 | 307 | ### 2.12 How is my data protected from another user's data? 308 | 309 | All of our users' data for the Service currently resides in the same database cluster which is due to the nature of our Service. We use software best practices to guarantee that only people who you designate as viewers of your data can access it. In other words, we segment our user data via software. We do our best and are very confident we're doing a good job at it, but, like every other service that hosts their user data on the same database, we cannot guarantee that it is immune to a sophisticated attack. 310 | 311 | ### 2.13 What should I do if I find a security vulnerability in the Service? 312 | 313 | If you have discovered a security concern, please email us at security@matrix.org. We'll work with you to make sure that we understand the scope of the issue, and that we fully address your concern. We consider correspondence sent to security@matrix.org our highest priority, and work to address any issues that arise as quickly as possible. 314 | 315 | Please act in good faith towards our users' privacy and data during your disclosure. White hat security researchers are always appreciated. 316 | 317 | ## Making a Complaint 318 | 319 | We try to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring it to our attention at [dpo@matrix.org](dpo@matrix.org) if they think that our collection or use of information is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures. 320 | 321 | If you want to make a complaint about the way we have processed your personal information to the supervisory authority, you can contact the ICO (the statutory body which oversees data protection law) at https://www.ico.org.uk/concerns. 322 | 323 | ## Document History 324 | 325 | 1.0.0 - document creation - August 2018 326 | 1.0.1 - small fix in password section - October 2018 327 | 1.1.0 - clarification update - August 2019 328 | 1.1.1 - minor updates - September 2019 329 | 1.2.0 - add metadata and remove slugs - September 2019 330 | 1.2.1 - minor update - October 2019 331 | 2.0.0 - document revision and branding changes - July 2020 332 | 2.0.1 - minor update - October 2020 333 | 2.0.2 - minor update - August 2022 334 | 2.1.0 - clarifications on processors - November 2022 335 | 3.0.0 - annual review and updates to processors - June 2023 336 | 3.0.1 - minor clarification of 2.12 - June 2023 337 | 3.1.0 - include references to archive.matrix.org and room visibility settings - July 2023 338 | 339 | **A note to other startups**: this document was heavily inspired by Balsamiq's plain English ToS document. We were impressed by their championing of plain English, and wanted to reproduce that as much as possible in our own legal documentation. Feel free to draw similar inspiration from this document, though be sure to get any documents you produce checked over by a lawyer. Good luck! 340 | -------------------------------------------------------------------------------- /docs/ems/user_terms_of_service.md: -------------------------------------------------------------------------------- 1 | --- 2 | title: EMS Server Users Terms of Service 3 | version: 1.0.0 4 | --- 5 | 6 | These Element Matrix Services Customer Terms and Conditions ('Customer Terms') govern your use and access of our Services. Authorised Users are bound by the [Users Terms and Conditions](https://element.io/user-terms-of-service) ('Users Terms'). Please read this document carefully before accessing or using this service! 7 | 8 | ## 1. Introduction 9 | 10 | ### 1.1 Definition of Terms 11 | 12 | When you read the 'Customer' or the 'Homeserver Owner' below it refers to the individual, or the organisation represented by the individual, agreeing to these Customer Terms during the set-up of a homeserver via the Element Matrix Services interface. 13 | 14 | If you, as an individual, sign up with a personal email address, you are the Customer. 15 | 16 | If you, as an individual, sign up with a corporate email domain, the Customer will be the organisation behind the email domain, and the Customer can modify and re-assign roles on the Homeserver, including your role, while still being bound by these Customer Terms. 17 | 18 | If the Customer decides to replace you as the representative with ultimate authority for the Homeserver, we will provide you with notice following such decision and you agree to take any actions reasonably requested by us or the Customer to facilitate the transfer of authority to a new representative of the Customer. Please make sure you have the authority to represents an Organisation when signing-up with a corporate email domain and agreeing to these Customer Terms on behalf of the organisation. 19 | 20 | The Customer can invite users or open free registration to their Homeservers. People who have been invited, or have registered freely, to use a Homeserver controlled by the Customer are 'Authorised Users' of that Homeserver. 21 | 22 | When you read 'Element Matrix Services', 'EMS' or 'the Hosting Service' it refers to the service exposed at [https://element.io/matrix-services](https://element.io/matrix-services) for the purchase, configuration and management of Matrix homeservers hosted and run by New Vector Ltd (trading as Element). 23 | 24 | When you read 'the Homeserver' or 'the Communication Service', it refers to an instance of a Matrix homeserver provisioned by the customer via EMS. This instance makes available communication services which might include messaging features in public and private chat room, voice and video calls and interactions with third-party applications. The Homeserver stores the users' account and personal conversation history and may provide services such as bots and bridges, and may communicate via the open Matrix decentralised communication protocol with the public Matrix Network, if you, as the Homerserver Owner, choose to. 25 | 26 | The 'Services' refers to both the Hosting and Communication Services. 27 | 28 | Where you read 'Element' or *'we'* or *'us'* below, it refers to Element, a trading name of New Vector Ltd. and its French subsidiary: New Vector SARL and their agents. 29 | 30 | **This agreement does not apply to Matrix servers run by anyone else - Matrix is an open network like the Web and this agreement only applies to the server provisioned by the Customer and provided by Element.** 31 | 32 | If this agreement is not acceptable, please use a Matrix homeserver provided by someone else! 33 | 34 | ### 1.2 Using The Service Means Accepting These Terms 35 | 36 | By using the Hosting Service and provisioning a Homeserver the Customer agrees to and is bound by the terms and conditions written in this document. 37 | 38 | By accessing or using the Communication Service in any way, whether the Customer has created a Matrix account on the Homeserver, or whether they are accessing content federated from the Homeserver to another Matrix homeserver, or are just browsing rooms as an unauthenticated guest, the Customer agrees to and is bound by the Users Terms. 39 | 40 | If the Customer does not agree to all of the terms and conditions contained in this document, they should use a Matrix server provided by someone else and refrain from provisioning this server. 41 | 42 | ### 1.3 Between The Customer and The Authorised Users 43 | 44 | These Customer Terms gives the Customer the right to provision, configure and invite others to use the Homeserver. They may enable or disable federation to the rest of the Matrix network, close rooms, turn off the access to the service, change the accessibility rules (from invite only to open registration or vice versa, or forbid the read-only mode) etc... 45 | 46 | You agree that it is solely the Customer's responsibility to inform the Authorised Users of any relevant policies and practices they would like to enforce on their Service which come in addition to the default ones we enforce below. If there is any contradiction between the Customer's policies and Element ones, the ones enforced by Element will prevail (e.g. a Customer cannot override the fact that illegal activities are forbidden on the servers, but can enforce the obligation for new users to introduce themselves in a lobby room). 47 | 48 | ### 1.4 This Is a Living Document 49 | 50 | This is a living document. With your help, we want to continuously improve it. 51 | 52 | If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We're all ears! Email [ems-support@element.io](mailto:ems-support@element.io) and we'll chat. 53 | 54 | We don't amend this document for any specific Customers, Users or use case, but if your proposed changes apply more broadly, we'll be happy to update it for everyone. 55 | 56 | If we make a material change to this document we will provide you with reasonable notice prior to the change coming into effect. We will set forth the date upon which the changes will become effective, and any use of the Hosting Service after said date will constitute your acceptance of these changes, as a Homeserver Owner. 57 | 58 | Your access and use of the Hosting Service is always subject to the most current version of this document. 59 | 60 | Should you have other questions or concerns about this document, please contact us at [ems-support@element.io](mailto:ems-support@element.io) or at our mailing address below: 61 | 62 | Element c/o New Vector Ltd. 63 | 10 Queen Street Place, London, United Kingdom, EC4R 1AG 64 | 65 | ### 1.5 Breach of Terms 66 | 67 | If the Customer breaches any of the terms and conditions in this document, and the breach is not cured within fifteen (15) days after we provide notice of the breach your authorization to access and use the Hosting Service automatically terminates. Similarly, if we breach any of our obligations listed in these Customer Terms, the Customer may terminate the contract within fifteen (15) days notice of the breach. 68 | 69 | For the sake of clarity, the Authorised Users are responsible for any breaches of the Users Terms they cause, but the Customer is responsible for any breach of these Customer Terms caused by its Authorised Users. We may terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law. 70 | 71 | ## 2. Intellectual Property Rights 72 | 73 | ### 2.1 Who Owns the IP of The Authorised User's Messages and Files? 74 | 75 | Unless stated otherwise in direct agreements between the Authorised Users and the Customer (e.g. an employment contract), the Homeserver Owner can not claim intellectual property rights over rooms, message content or files Authorised Users uploaded to the Homeserver, directly or over federation or bridging. 76 | 77 | The Customer acknowledges and agrees that Element has no liability of any kind should any Authorised Users, who are granted access to their messages or files modify, destroy, corrupt, copy or distribute them, or violate the terms of use or other limitations that the Users may impose on the use of their shared content. 78 | 79 | The Customer may pre-screen Users' messages or files to prevent spam and other abuse, and messages or files (including entire rooms) may be removed from the Homeserver for any reason without notice at the discretion of either Element or the Homeserver Owner. By posting or uploading their messages or files, Authorised Users represent and warrant that they own or otherwise control all of the intellectual property rights and other rights to their user materials as described in the Users Terms of Use, including all the rights necessary for them to post or upload said messages or files. 80 | 81 | Authorised Users are solely and entirely responsible for all of the messages and files that they post or otherwise submit via the Service. Authorised Users shall assume all risks associated with the use of said content including any reliance on the accuracy, completeness or usefulness. Element does not guarantee the accuracy, integrity or quality of their messages or files. 82 | 83 | As part of the User Terms, Authorised Users acknowledge and agree that by accessing or using the Communication Service, they may be exposed to user materials from others that are offensive, indecent or otherwise objectionable. 84 | 85 | ## 3. Use of The Hosting and Communication Services 86 | 87 | The Customer must comply with these Customer Terms and ensure that their Authorised Users comply with both these Customer Terms and the Users Terms. We may review the users' conduct for compliance purposes, but we have no obligation to do so. We are not responsible for the content of the Customer's or their Authorised User's data, or the way the Customer or their Users decide to use the Communication Service. 88 | 89 | The Customer must ensure that all Authorised Users are at least 16 (sixteen) years old to use both our Hosting and Communication Services or such greater age required in their country to register for or use our Hosting and Communication Services. 90 | 91 | We are not responsible for providing internet connectivity to the Authorised Users for the use of the Services. 92 | 93 | Any illegal content, and in particular any content containing or promoting indecent images/depictions of children, are utterly prohibited on the Services. When the Customer becomes aware of such content, they are responsible for reporting it to us so we can refer the details to the relevant authorities. If the Customer has found an account, room or group being used for the distribution or promotion of child sexual exploitation or any illegal content, please share the details in an email to [abuse@element.io](mailto:abuse@element.io). 94 | 95 | If we believe 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, we will, in most cases, ask the Customer to take direct action rather than intervene. However, if the Customer doesn't take appropriate action or if we believe there is a credible risk to harm us, the Service, Authorised Users or any third parties, we will directly take what we believe is the appropriate action. 96 | 97 | ## 4. Our Responsibilities 98 | 99 | ### 4.1 Provide the Services 100 | 101 | We are responsible for providing the Services as described in the introduction of this document, until the resources and number of user limits defined for the selected homeserver size are met. Once one of these thresholds is met, the Communication Service will be limited or made partially or fully unavailable, depending on which threshold is reached first. 102 | 103 | ### 4.2 Uptime 104 | 105 | We do not guarantee that the Services will be accessible at all times. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We do not yet offer contracted SLA for availability of the Services and your data. 106 | 107 | We monitor the Services closely and have set up automated alarms to be notified (via email, push notifications and phone calls) when the servers, and in particular the Homeserver, are under stress, so that we can deal with the issue before it becomes a problem that might impact user access. We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide the Customer with advance notice (e.g., through the Services), if we think it may exceed five (5) continuous minutes. 108 | 109 | You acknowledge and agree that Element shall not be liable for any failure to store your materials on the Homeserver at any time. 110 | 111 | ### 4.3 Data Protection and Processing 112 | 113 | We will ensure to set-up, at a minimum, reasonable data practices for maintaining the confidentiality and security of the Customer's and User's Data and preventing unauthorized access. For more details please check our [Privacy Policy](https://element.io/privacy) and [Cookie Policy](https://element.io/cookie-policy). 114 | 115 | ## 5. Pricing Definitions and Payment Obligations 116 | 117 | Note: All the prices displayed are excluding tax. Taxes will be automatically calculated based on the Customer's credit card details and billing address and displayed in the invoices, if not null. 118 | 119 | The fees for the Hosting Service are specified in the pricing section of the EMS Hosting page of the EMS website, as well as in the set-up form of the Service. The fees for a new subscription must be paid in advance and will be automatically debited at the beginning of every billing period. The fees for changes made to an existing subscription (e.g. increase the number of Additional Users) will be adjusted in the next billing cycle. 120 | 121 | ### 5.1 Matrix Hosting: Hosted Homeservers for Matrix 122 | 123 | Each size of homeserver corresponds to a given pricing plan, which includes a number of Monthly Active User (MAU) and comes with hardware resources limits that the Customer can visualise in the "Metrics" section of their "Manage your server" page. 124 | 125 | #### 5.1.1 Type of users 126 | 127 | A "Monthly Active User" (MAU) is a unique user which has been active (i.e. made a request to the server by e.g. logging in, reading messages, sending messages or firing up the app) in the last 30 days. 128 | 129 | MAUs only contribute to the MAU total count when they are active and if they are older than 2 days, which means newly registered users can use the Service for free for 2 days. 130 | 131 | "Guest users" are users who access the Service in a read-only mode: they can read rooms but not write nor invite another user to chat, or create a room. Guest users do not contribute to the MAU total count and are free, but their activity does contribute to the resource usage of the host, when they peek in a room. Guest users access can be disabled in the host management panel. If guest users are disabled,every user will have to register to be able to read a room, and will as such contribute to the MAU total count (after 2 days). 132 | 133 | "Federated users" are users who are registered on another server but do participate in rooms alongside Authorised Users of this homeserver. Federated users do not contribute to the MAU total count and are free, but their activity does contribute to the resource usage of the host (i.e. their messages will be take space in your database, federating the messages will use your processor etc). Federation to the rest of the Matrix network can be disabled in the host management panel. This means that users registered on this host will only be able to interact with other users of the same host. 134 | 135 | **Once the maximum number of MAU is reached, users already using the service will be able to continue doing so, but new users or users who haven't been active in the last 30 days won't be able to use the Service**, until the Customer asks for an upgrade, or buys Additional Users (see below). 136 | 137 | The Customer can define "Reserved users", who will be able to login and use the Service even if the maximum number of MAU is reached. This effectively reserves slots for this list of users within the MAU total count. For example, on a 50-users server, if there are 10 Reserved Users, the 40 other users will be able to use the Service, but the 41st one will be locked out. Meanwhile any Reserved User will be able to continue using the service, even if they haven't been active in the last 30 days. 138 | 139 | "Public registration" allows users with any email address to register on the server. If disabled in the host management panel, the Customer will have to define the user domain they wish to whitelist (e.g. mycompany.com). In that case, only users with email addresses belonging to the whitelisted domain (e.g. john@mycompany.com) will be able to register. 140 | 141 | The User Quota chart at the bottom of the "Metrics" section gives an overview of the number and the split among each type of users on the host. 142 | 143 | #### 5.1.2 Resources 144 | 145 | Available resources for a given plan are bounded by the system resources allocated to the Homeserver. The Customer can visualise the amount of resources being used in the "Metrics" section of their "Manage your server" page. 146 | 147 | **Once 100% of the resources have been used up, all usage of the host will be blocked until the Customer contacts us to upgrade to a superior plan**. In the future, upgrading will a simple step or even automatic if the Customer wishes so. 148 | 149 | #### 5.1.3 Pricing 150 | 151 | We have defined a price per MAU per month which varies wiith the bundle to which you are subscribing. Every payment needs to be made upfront and is not cancelable, except if stated otherwise in a contract between the Customer and Element. Fees already paid are not refundable, and the full plan price will automatically be debited from the saved card on the billing anniversary of the subscription. The Customer can find the details of their upcoming and past bills in the "Billing" section of the "Billing" section of their account. **If the payment can't be taken, access to the server will be blocked for all users until the payment is cleared.** 152 | 153 | An upgrade to a superior hosting plan can take place at any point in the billing period. A downgrade can only happen at the anniversary date of the subscription. 154 | 155 | ### 5.2 Matrix Hosting: Additional Users 156 | 157 | The resource usage of a server is not linearly linked to the number of MAU on it: a small number of users can use huge resources and vice-versa. To palliate this we've introduced the ability to buy additional MAUs, the "Additional Users": if the server reached the maximum number of MAU but the resources usage is relatively low, the Customer can buy the ability to add more users on the plan. This will not increase the amount of resources available. 158 | 159 | These Additional Users will be priced at the same rate as the other users and have the same status as the MAUs included in the plan and just add up to the total count. 160 | 161 | Additional Users can be added and removed from the plan at any time and will be charged pro-rata temporis: full MAU price is charged at acquisition and the proportion of unused amount of time is reimbursed at deprovisioning. The consumed time is not refundable. 162 | 163 | ## 6. Support 164 | 165 | Support is available by email to [ems-support@element.io](mailto:ems-support@element.io). Queries will be addressed at a different priority level depending on the bundle which has been subscribed to: - Nickel: queries will be addressed on a best-effort basis. - Silver: queries will be prioritised, but no SLA is guaranteed. - Gold and above: queries will be prioritsed and we guarantee a turnaround within the next business day. 166 | 167 | Phone support is not yet provided. 168 | 169 | ## 7. App Developers 170 | 171 | We encourage everyone to write software that uses the Matrix Protocol and interfaces with the Communication Service. 172 | 173 | The Matrix Protocol and our implementation will change over time, and we may change or deprecate APIs or behaviour for any feature of the Communication Service from time to time - it is the Application Developer's responsibility to ensure that calls or requests they make to or via our Service are compatible with then-current APIs for the Communication Service. We will always try to inform the Application Developer of any changes with reasonable notice so they can adjust their Application, but we are under no obligation to do so. 174 | 175 | Provided that the Application Developer comply with the terms of this Agreement and our policies and procedures, you may use the Hosting Service to execute Applications owned by them. You are solely responsible for the Applications you run, including any data, text, images or content they contain. 176 | 177 | Although the Customer might prevent access and integration to third party applications and bridges. 178 | 179 | ## 8. Termination of Use 180 | 181 | The Customer can terminate the subscription at any time, although the fees for the Plan for the billing period are not refundable. 182 | 183 | ## 9. Encryption 184 | 185 | The Communication Service may allow the Authorised Users to encrypt their communications end-to-end between devices. There may be restrictions and limitations on the import, possession, use, transfer and/or export of strong encryption technology under the laws of the country in which the Authorised Users intend to use the Communication Service. As mentioned in the Users Terms it is their sole obligation and responsibility to check such restrictions and limitations before using the Communication Service and to comply with them. We reserve the right to suspend the Communication Service immediately and without notice if we determine, in our sole judgment, that the Service is being used in violation of local regulations governing the use of cryptographic technologies (even though we have no responsibility to make such determination). 186 | 187 | Some of our plans give the opportunity to disable end-to-end encryption. 188 | 189 | ## 10. Warranties and Disclaimers 190 | 191 | The Hosting Service is provided by Element under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Element or the Homeserver Owner make no warranty that: 192 | 193 | 1. the Hosting and Communication Services will meet your requirements; 194 | 2. the Services will be uninterrupted, timely, secure, or error-free; 195 | 3. the quality of the Services will meet your expectations; and 196 | 4. any errors or defects in the Services will be corrected. 197 | 198 | You acknowledge and agree that: 199 | 200 | 1. Element does not control, endorse, or accept responsibility for any materials or services offered by third parties (except where stated otherwise), including third-party vendors and third parties accessible through linked sites; 201 | 2. Element makes no representations or warranties whatsoever about any such third parties, their materials or services; 202 | 3. any dealings you may have with such third parties are at your own risk; and 203 | 4. Element shall not be liable or responsible for any materials or services offered by third parties. 204 | 205 | Element does not control or endorse the materials or message content found in any rooms or communities. To the maximum extent permitted by law, Element will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Element also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user messages or files. 206 | 207 | The use of the Hosting and Communication Services is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Element assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from Element or via the site, services or materials shall create any warranty not expressly stated in the terms of use. Element will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge. 208 | 209 | Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety days. 210 | 211 | ## 11. Indemnity and Liability 212 | 213 | You agree to indemnify and hold Element and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: 214 | 215 | 1. your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Services, including a third party's use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials) 216 | 2. your access to or use of the Services (including any use by your employees, contractors or agents and all uses of your usernames and passwords, whether or not actually or expressly authorized by you, in connection with the Service); 217 | 3. your connection to the Services; 218 | 4. your violation of both the Customer and Users Terms of Use; 219 | 5. your infringement of any third party's intellectual property rights when using any of the software made available on the Service; 220 | 6. your violation of any rights of any third party; 221 | 7. your access to or use of linked sites and your connections thereto; or 222 | 8. any dealings between you and any third parties advertising or promoting via the Service. 223 | 224 | ## 12. Emergency Service Calls 225 | 226 | The Communication Service does not and is not intended to support or carry emergency calls to any emergency services (e.g. E911 or 112 numbers). We are not liable for any claims, damages or loss which arise from this limitation. 227 | 228 | ## 13. Limitation of Liability 229 | 230 | In no event shall Element, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Element has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with: 231 | 232 | 1. the access or use of or the inability to access or use the Services; 233 | 2. the statements or actions of any third party on or via the site, services or materials; 234 | 3. any dealings with vendors or other third parties; 235 | 4. any unauthorized access to or alteration of your transmissions, user materials or other data; 236 | 5. any information that is sent or received or not sent or received; 237 | 6. any failure to store or loss of data, files, materials or other content; 238 | 7. any services available that are delayed or interrupted; 239 | 8. any web site referenced or linked to from this site; or 240 | 9. your access to or use of or inability to access or use any linked site. 241 | 242 | Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. 243 | 244 | ## 14. Governing Law and Jurisdiction 245 | 246 | This Agreement shall be governed by the laws of England and Wales, excluding its conflict of law provisions. Unless contrary to the law where you reside, all disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of England and Wales and you expressly consent to the exercise of personal jurisdiction in the courts of England and Wales in connection with any such dispute. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. 247 | 248 | ## 15. General 249 | 250 | The Services are licensed, not sold, to you, the Customer, by Element for use strictly in accordance with the terms and conditions of this Agreement. Ownership of the Services shall at all times remain with Element. Access to the Services is provided to you only to allow you to exercise your rights under this Agreement. 251 | 252 | ### 15.1 Grant of Licence 253 | 254 | Subject to your acceptance of, and compliance with, this Agreement and any payment requirements for the Services (if applicable), Element hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable licence, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by us that augment or enhance one of the current Service shall also constitute "Service" and shall be subject to these terms and conditions. All rights not expressly granted under this Agreement are retained by Element. 255 | 256 | You may also be subject to additional terms and conditions that may apply when you use other Element services, third party content or third party software. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Element to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect. -------------------------------------------------------------------------------- /docs/ems/terms_and_conditions.md: -------------------------------------------------------------------------------- 1 | --- 2 | title: Element Matrix Services Customer Terms and Conditions 3 | version: 2.1.0 4 | --- 5 | 6 | These Element Matrix Services Customer Terms and Conditions ('Customer Terms') govern your use and access of our Services. Authorised Users are bound by the [Users Terms and Conditions](https://element.io/user-terms-of-service) ('Users Terms'). Please read this document carefully before accessing or using this service! 7 | 8 | ## 1. Introduction 9 | 10 | ### 1.1 Definition of Terms 11 | 12 | When you read the 'Customer' or the 'Homeserver Owner' below it refers to the individual, or the organisation represented by the individual, agreeing to these Customer Terms during the set-up of a homeserver via the Element Matrix Services interface. 13 | 14 | If you, as an individual, sign up with a personal email address, you are the Customer. 15 | 16 | If you, as an individual, sign up with a corporate email domain, the Customer will be the organisation behind the email domain, and the Customer can modify and re-assign roles on the Homeserver, including your role, while still being bound by these Customer Terms. 17 | 18 | If the Customer decides to replace you as the representative with ultimate authority for the Homeserver, we will provide you with notice following such decision and you agree to take any actions reasonably requested by us or the Customer to facilitate the transfer of authority to a new representative of the Customer. Please make sure you have the authority to represents an Organisation when signing-up with a corporate email domain and agreeing to these Customer Terms on behalf of the organisation. 19 | 20 | The Customer can invite users or open free registration to their Homeservers. People who have been invited, or have registered freely, to use a Homeserver controlled by the Customer are 'Authorised Users' of that Homeserver. 21 | 22 | When you read 'Element Matrix Services', 'EMS', 'Element Home', or 'the Hosting Service' it refers to the service exposed at [https://element.io/matrix-services](https://element.io/matrix-services) for the purchase, configuration and management of Matrix homeservers hosted and run by New Vector Ltd (trading as Element). 23 | 24 | When you read 'the Homeserver' or 'the Communication Service', it refers to an instance of a Matrix homeserver provisioned by the customer via EMS. This instance makes available communication services which might include messaging features in public and private chat room, voice and video calls and interactions with third-party applications. The Homeserver stores the users' account and personal conversation history and may provide services such as bots and bridges, and may communicate via the open Matrix decentralised communication protocol with the public Matrix Network, if you, as the Homerserver Owner, choose to. 25 | 26 | The 'Services' refers to both the Hosting and Communication Services. 27 | 28 | Where you read 'Element' or *'we'* or *'us'* below, it refers to Element, a trading name of New Vector Ltd., its French subsidiary: New Vector SARL, its U.S. subsidiary: Element Software Inc, and their agents. 29 | 30 | **This agreement does not apply to Matrix servers run by anyone else - Matrix is an open network like the Web and this agreement only applies to the server provisioned by the Customer and provided by Element.** 31 | 32 | If this agreement is not acceptable, please use a Matrix homeserver provided by someone else! 33 | 34 | ### 1.2 Using The Service Means Accepting These Terms 35 | 36 | By using the Hosting Service and provisioning a Homeserver the Customer agrees to and is bound by the terms and conditions written in this document. 37 | 38 | By accessing or using the Communication Service in any way, whether the Customer has created a Matrix account on the Homeserver, or whether they are accessing content federated from the Homeserver to another Matrix homeserver, or are just browsing rooms as an unauthenticated guest, the Customer agrees to and is bound by the Users Terms. 39 | 40 | If the Customer does not agree to all of the terms and conditions contained in this document, they should use a Matrix server provided by someone else and refrain from provisioning this server. 41 | 42 | ### 1.3 Between The Customer and The Authorised Users 43 | 44 | These Customer Terms gives the Customer the right to provision, configure and invite others to use the Homeserver. They may enable or disable federation to the rest of the Matrix network, close rooms, turn off the access to the service, change the accessibility rules (from invite only to open registration or vice versa, or forbid the read-only mode) etc... 45 | 46 | You agree that it is solely the Customer's responsibility to inform the Authorised Users of any relevant policies and practices they would like to enforce on their Service which come in addition to the default ones we enforce below. If there is any contradiction between the Customer's policies and Element ones, the ones enforced by Element will prevail (e.g. a Customer cannot override the fact that illegal activities are forbidden on the servers, but can enforce the obligation for new users to introduce themselves in a lobby room). 47 | 48 | ### 1.4 This Is a Living Document 49 | 50 | This is a living document. With your help, we want to continuously improve it. 51 | 52 | If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We're all ears! Email [ems-support@element.io](mailto:ems-support@element.io) and we'll chat. 53 | 54 | We don't amend this document for any specific Customers, Users or use case, but if your proposed changes apply more broadly, we'll be happy to update it for everyone. 55 | 56 | If we make a material change to this document we will provide you with reasonable notice prior to the change coming into effect. We will set forth the date upon which the changes will become effective, and any use of the Hosting Service after said date will constitute your acceptance of these changes, as a Homeserver Owner. 57 | 58 | Your access and use of the Hosting Service is always subject to the most current version of this document. 59 | 60 | Should you have other questions or concerns about this document, please contact us at [ems-support@element.io](mailto:ems-support@element.io) or at our mailing address below: 61 | 62 | Element 63 | c/o New Vector Ltd. 64 | 10 Queen Street Place, London, United Kingdom, EC4R 1AG 65 | 66 | ### 1.5 Breach of Terms 67 | 68 | If the Customer breaches any of the terms and conditions in this document, and the breach is not cured within fifteen (15) days after we provide notice of the breach your authorization to access and use the Hosting Service automatically terminates. Similarly, if we breach any of our obligations listed in these Customer Terms, the Customer may terminate the contract within fifteen (15) days notice of the breach. 69 | 70 | For the sake of clarity, the Authorised Users are responsible for any breaches of the Users Terms they cause, but the Customer is responsible for any breach of these Customer Terms caused by its Authorised Users. We may terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law. 71 | 72 | ## 2. Intellectual Property Rights 73 | 74 | ### 2.1 Who Owns the IP of The Authorised User's Messages and Files? 75 | 76 | Unless stated otherwise in direct agreements between the Authorised Users and the Customer (e.g. an employment contract), the Homeserver Owner can not claim intellectual property rights over rooms, message content or files Authorised Users uploaded to the Homeserver, directly or over federation or bridging. 77 | 78 | The Customer acknowledges and agrees that Element has no liability of any kind should any Authorised Users, who are granted access to their messages or files modify, destroy, corrupt, copy or distribute them, or violate the terms of use or other limitations that the Users may impose on the use of their shared content. 79 | 80 | The Customer may pre-screen Users' messages or files to prevent spam and other abuse, and messages or files (including entire rooms) may be removed from the Homeserver for any reason without notice at the discretion of either Element or the Homeserver Owner. By posting or uploading their messages or files, Authorised Users represent and warrant that they own or otherwise control all of the intellectual property rights and other rights to their user materials as described in the Users Terms of Use, including all the rights necessary for them to post or upload said messages or files. 81 | 82 | Authorised Users are solely and entirely responsible for all of the messages and files that they post or otherwise submit via the Service. Authorised Users shall assume all risks associated with the use of said content including any reliance on the accuracy, completeness or usefulness. Element does not guarantee the accuracy, integrity or quality of their messages or files. 83 | 84 | As part of the User Terms, Authorised Users acknowledge and agree that by accessing or using the Communication Service, they may be exposed to user materials from others that are offensive, indecent or otherwise objectionable. 85 | 86 | ## 3. Use of The Hosting and Communication Services 87 | 88 | The Customer must comply with these Customer Terms and ensure that their Authorised Users comply with both these Customer Terms and the Users Terms. We may review the users' conduct for compliance purposes, but we have no obligation to do so. We are not responsible for the content of the Customer's or their Authorised User's data, or the way the Customer or their Users decide to use the Communication Service. 89 | 90 | The Customer must ensure that all Authorised Users are at least 16 (sixteen) years old to use both our Hosting and Communication Services or such greater age required in their country to register for or use our Hosting and Communication Services. 91 | 92 | We are not responsible for providing internet connectivity to the Authorised Users for the use of the Services. 93 | 94 | Any illegal content, and in particular any content containing or promoting indecent images/depictions of children, are utterly prohibited on the Services. When the Customer becomes aware of such content, they are responsible for reporting it to us so we can refer the details to the relevant authorities. If the Customer has found an account, room or group being used for the distribution or promotion of child sexual exploitation or any illegal content, please share the details in an email to [abuse@element.io](mailto:abuse@element.io). 95 | 96 | If we believe 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, we will, in most cases, ask the Customer to take direct action rather than intervene. However, if the Customer doesn't take appropriate action or if we believe there is a credible risk to harm us, the Service, Authorised Users or any third parties, we will directly take what we believe is the appropriate action. 97 | 98 | ## 4. Our Responsibilities 99 | 100 | ### 4.1 Provide the Services 101 | 102 | We are responsible for providing the Services as described in the introduction of this document, until the resources and number of user limits defined for the selected homeserver size are met. Once one of these thresholds is met, the Communication Service will be limited or made partially or fully unavailable, depending on which threshold is reached first. 103 | 104 | ### 4.2 Uptime 105 | 106 | We do not guarantee that the Services will be accessible at all times. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We do not yet offer contracted SLA for availability of the Services and your data. 107 | 108 | We monitor the Services closely and have set up automated alarms to be notified (via email, push notifications and phone calls) when the servers, and in particular the Homeserver, are under stress, so that we can deal with the issue before it becomes a problem that might impact user access. We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide the Customer with advance notice (e.g., through the Services), if we think it may exceed five (5) continuous minutes. 109 | 110 | You acknowledge and agree that Element shall not be liable for any failure to store your materials on the Homeserver at any time. 111 | 112 | ### 4.3 Data Protection and Processing 113 | 114 | We will ensure to set-up, at a minimum, reasonable data practices for maintaining the confidentiality and security of the Customer's and User's Data and preventing unauthorized access. For more details please check our [Privacy Policy](https://element.io/privacy) and [Cookie Policy](https://element.io/cookie-policy). 115 | 116 | ## 5. Pricing Definitions and Payment Obligations 117 | 118 | Note: All the prices displayed are excluding tax. Taxes will be automatically calculated based on the Customer's credit card details and billing address and displayed in the invoices, if not null. 119 | 120 | The fees for the Hosting Service are specified in the pricing section of the EMS Hosting page of the EMS website, as well as in the set-up form of the Service. The fees for a new subscription must be paid in advance and will be automatically debited at the beginning of every billing period. The fees for changes made to an existing subscription (e.g. increase the number of Additional Users) will be adjusted in the next billing cycle. 121 | 122 | ### 5.1 Matrix Hosting: Hosted Homeservers for Matrix 123 | 124 | Each size of homeserver corresponds to a given pricing plan, which includes a number of Monthly Active User (MAU) and comes with hardware resources limits that the Customer can visualise in the "Metrics" section of their "Manage your server" page. 125 | 126 | #### 5.1.1 Type of users 127 | 128 | A "Monthly Active User" (MAU) is a unique user which has been active (i.e. made a request to the server by e.g. logging in, reading messages, sending messages or firing up the app) in the last 30 days. 129 | 130 | MAUs only contribute to the MAU total count when they are active and if they are older than 2 days, which means newly registered users can use the Service for free for 2 days. Deactivating an account does not remove it from the MAU count this means the account will still be counted for a month after it was last active. 131 | 132 | "Guest users" are users who access the Service in a read-only mode: they can read rooms but not write nor invite another user to chat, or create a room. Guest users do not contribute to the MAU total count and are free, but their activity does contribute to the resource usage of the host, when they peek in a room. Guest users access can be disabled in the host management panel. If guest users are disabled,every user will have to register to be able to read a room, and will as such contribute to the MAU total count (after 2 days). 133 | 134 | "Federated users" are users who are registered on another server but do participate in rooms alongside Authorised Users of this homeserver. Federated users do not contribute to the MAU total count and are free, but their activity does contribute to the resource usage of the host (i.e. their messages will be take space in your database, federating the messages will use your processor etc). Federation to the rest of the Matrix network can be disabled in the host management panel. This means that users registered on this host will only be able to interact with other users of the same host. 135 | 136 | **Once the maximum number of MAU is reached, users already using the service will be able to continue doing so, but new users or users who haven't been active in the last 30 days won't be able to use the Service**, until the Customer asks for an upgrade, or buys Additional Users (see below). 137 | 138 | The Customer can define "Reserved users", who will be able to login and use the Service even if the maximum number of MAU is reached. This effectively reserves slots for this list of users within the MAU total count. For example, on a 50-users server, if there are 10 Reserved Users, the 40 other users will be able to use the Service, but the 41st one will be locked out. Meanwhile any Reserved User will be able to continue using the service, even if they haven't been active in the last 30 days. 139 | 140 | "Public registration" allows users with any email address to register on the server. If disabled in the host management panel, the Customer will have to define the user domain they wish to whitelist (e.g. mycompany.com). In that case, only users with email addresses belonging to the whitelisted domain (e.g. john@mycompany.com) will be able to register. 141 | 142 | The User Quota chart at the bottom of the "Metrics" section gives an overview of the number and the split among each type of users on the host. 143 | 144 | #### 5.1.2 Resources 145 | 146 | Available resources for a given plan are bounded by the system resources allocated to the Homeserver. The Customer can visualise the amount of resources being used in the "Metrics" section of their "Manage your server" page. 147 | 148 | **Once 100% of the resources have been used up, all usage of the host will be blocked until the Customer contacts us to upgrade to a superior plan**. In the future, upgrading will a simple step or even automatic if the Customer wishes so. 149 | 150 | #### 5.1.3 Pricing 151 | 152 | We have defined a price per MAU per month which varies wiith the bundle to which you are subscribing. Every payment needs to be made upfront and is not cancelable, except if stated otherwise in a contract between the Customer and Element. Fees already paid are not refundable, and the full plan price will automatically be debited from the saved card on the billing anniversary of the subscription. The Customer can find the details of their upcoming and past bills in the "Billing" section of the "Billing" section of their account. **If the payment can't be taken, access to the server will be blocked for all users until the payment is cleared.** 153 | 154 | An upgrade to a superior hosting plan can take place at any point in the billing period. A downgrade can only happen at the anniversary date of the subscription. 155 | 156 | 157 | ### 5.2 Matrix Hosting: Additional Users 158 | 159 | The resource usage of a server is not linearly linked to the number of MAU on it: a small number of users can use huge resources and vice-versa. To palliate this we've introduced the ability to buy additional MAUs, the "Additional Users": if the server reached the maximum number of MAU but the resources usage is relatively low, the Customer can buy the ability to add more users on the plan. This will not increase the amount of resources available. 160 | 161 | These Additional Users will be priced at the same rate as the other users and have the same status as the MAUs included in the plan and just add up to the total count. 162 | 163 | Additional Users can be added and removed from the plan at any time and will be charged pro-rata temporis: full MAU price is charged at acquisition and the proportion of unused amount of time is reimbursed at deprovisioning. The consumed time is not refundable. 164 | 165 | ## 6. Support 166 | 167 | Support is available by email to [ems-support@element.io](mailto:ems-support@element.io). Queries will be addressed at a different priority level depending on the bundle which has been subscribed to: 168 | - Nickel: queries will be addressed on a best-effort basis. 169 | - Silver: queries will be prioritised, but no SLA is guaranteed. 170 | - Gold and above: queries will be prioritsed and we guarantee a turnaround within the next business day. 171 | 172 | Phone support is not yet provided. 173 | 174 | ## 7. App Developers 175 | 176 | We encourage everyone to write software that uses the Matrix Protocol and interfaces with the Communication Service. 177 | 178 | The Matrix Protocol and our implementation will change over time, and we may change or deprecate APIs or behaviour for any feature of the Communication Service from time to time - it is the Application Developer's responsibility to ensure that calls or requests they make to or via our Service are compatible with then-current APIs for the Communication Service. We will always try to inform the Application Developer of any changes with reasonable notice so they can adjust their Application, but we are under no obligation to do so. 179 | 180 | Provided that the Application Developer comply with the terms of this Agreement and our policies and procedures, you may use the Hosting Service to execute Applications owned by them. You are solely responsible for the Applications you run, including any data, text, images or content they contain. 181 | 182 | Although the Customer might prevent access and integration to third party applications and bridges. 183 | 184 | ## 8. Termination of Use 185 | 186 | The Customer can terminate the subscription at any time, although the fees for the Plan for the billing period are not refundable. Element reserves the right to immediately terminate accounts found to be involved in criminal activity. In cases of non-payment, we will send a 14 day notice of termination before taking action. 187 | 188 | ## 9. Encryption 189 | 190 | The Communication Service may allow the Authorised Users to encrypt their communications end-to-end between devices. There may be restrictions and limitations on the import, possession, use, transfer and/or export of strong encryption technology under the laws of the country in which the Authorised Users intend to use the Communication Service. As mentioned in the Users Terms it is their sole obligation and responsibility to check such restrictions and limitations before using the Communication Service and to comply with them. We reserve the right to suspend the Communication Service immediately and without notice if we determine, in our sole judgment, that the Service is being used in violation of local regulations governing the use of cryptographic technologies (even though we have no responsibility to make such determination). 191 | 192 | Some of our plans give the opportunity to disable end-to-end encryption. 193 | 194 | ## 10. Warranties and Disclaimers 195 | 196 | The Hosting Service is provided by Element under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Element or the Homeserver Owner make no warranty that: 197 | 198 | 1. the Hosting and Communication Services will meet your requirements; 199 | 1. the Services will be uninterrupted, timely, secure, or error-free; 200 | 1. the quality of the Services will meet your expectations; and 201 | 1. any errors or defects in the Services will be corrected. 202 | 203 | You acknowledge and agree that: 204 | 205 | 1. Element does not control, endorse, or accept responsibility for any materials or services offered by third parties (except where stated otherwise), including third-party vendors and third parties accessible through linked sites; 206 | 1. Element makes no representations or warranties whatsoever about any such third parties, their materials or services; 207 | 1. any dealings you may have with such third parties are at your own risk; and 208 | 1. Element shall not be liable or responsible for any materials or services offered by third parties. 209 | 210 | Element does not control or endorse the materials or message content found in any rooms or communities. To the maximum extent permitted by law, Element will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Element also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user messages or files. 211 | 212 | The use of the Hosting and Communication Services is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Element assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from Element or via the site, services or materials shall create any warranty not expressly stated in the terms of use. Element will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge. 213 | 214 | Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety days. 215 | 216 | ## 11. Indemnity and Liability 217 | 218 | You agree to indemnify and hold Element and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: 219 | 220 | 1. your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Services, including a third party's use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials) 221 | 1. your access to or use of the Services (including any use by your employees, contractors or agents and all uses of your usernames and passwords, whether or not actually or expressly authorized by you, in connection with the Service); 222 | 1. your connection to the Services; 223 | 1. your violation of both the Customer and Users Terms of Use; 224 | 1. your infringement of any third party's intellectual property rights when using any of the software made available on the Service; 225 | 1. your violation of any rights of any third party; 226 | 1. your access to or use of linked sites and your connections thereto; or 227 | 1. any dealings between you and any third parties advertising or promoting via the Service. 228 | 229 | ## 12. Emergency Service Calls 230 | 231 | The Communication Service does not and is not intended to support or carry emergency calls to any emergency services (e.g. E911 or 112 numbers). We are not liable for any claims, damages or loss which arise from this limitation. 232 | 233 | ## 13. Limitation of Liability 234 | 235 | In no event shall Element, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Element has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with: 236 | 237 | 1. the access or use of or the inability to access or use the Services; 238 | 1. the statements or actions of any third party on or via the site, services or materials; 239 | 1. any dealings with vendors or other third parties; 240 | 1. any unauthorized access to or alteration of your transmissions, user materials or other data; 241 | 1. any information that is sent or received or not sent or received; 242 | 1. any failure to store or loss of data, files, materials or other content; 243 | 1. any services available that are delayed or interrupted; 244 | 1. any web site referenced or linked to from this site; or 245 | 1. your access to or use of or inability to access or use any linked site. 246 | 247 | Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. 248 | 249 | ## 14. Governing Law and Jurisdiction 250 | 251 | This Agreement shall be governed by the laws of England and Wales, excluding its conflict of law provisions. Unless contrary to the law where you reside, all disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of England and Wales and you expressly consent to the exercise of personal jurisdiction in the courts of England and Wales in connection with any such dispute. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. 252 | 253 | ## 15. General 254 | 255 | The Services are licensed, not sold, to you, the Customer, by Element for use strictly in accordance with the terms and conditions of this Agreement. Ownership of the Services shall at all times remain with Element. Access to the Services is provided to you only to allow you to exercise your rights under this Agreement. 256 | 257 | ### 15.1 Grant of Licence 258 | 259 | Subject to your acceptance of, and compliance with, this Agreement and any payment requirements for the Services (if applicable), Element hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable licence, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by us that augment or enhance one of the current Service shall also constitute "Service" and shall be subject to these terms and conditions. All rights not expressly granted under this Agreement are retained by Element. 260 | 261 | You may also be subject to additional terms and conditions that may apply when you use other Element services, third party content or third party software. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Element to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect. 262 | --------------------------------------------------------------------------------