Version 1.0 - LAST UPDATED: June, 2025
Acquisition of Rights to Use the Platform
While all visitors to and users of the Platform are subject to these Terms, there are or may be certain areas or features of the Platform that may be accessed and used only by registered, or authorized, users.
Account
You may be required to create an account and specify a password in order to access certain areas or features on the Platform. You may not impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.
You may not share your account with anyone else. You agree to keep your password confidential, and you understand that your password should not be the same as passwords you use on other websites or other online accounts. If you believe that your account has been compromised at any time, please notify us at support@netspeek.com.
Use of the Platform
Subject to these Terms, and except as otherwise specified in an applicable order form for the Platform (collectively, a “Platform Order”), we grant you the limited, personal, worldwide, non-exclusive right to use the Platform solely for Non-Resale Purposes or Resale Purposes, as specifically provided in a Platform Order (and in the quantity and for the subscription term specified in the Platform Order, if applicable). “Non-Resale Purposes” means (a) use within and for the benefit of your organization and (b) use in connection with persons who are also authorized users of the Platform, even if they are part of a different organization. It does not include use of the Platform for Resale Purposes. “Resale Purposes” means distribution of self-hosted platforms to third parties outside your organization (and who are not otherwise authorized users of the Platform), or use of the Platform to provide services for, to process information, or to generate output data, for the direct benefit of, or for purposes of rendering services to, any business entities or organizations, such as is done by service bureaus, data processing organizations or similar organizations.
You accept and agree that that the Platform my not provide real time interaction and all User Content (defined below) is subject to moderation by us to ensure compliance with these Terms and the provision of our Services (collectively, “Moderation”). In the event we make changes to your User Content we may, but are not required, to contact you in connection with such Moderation. Notwithstanding the foregoing, you acknowledge and agree that neither us, our affiliates, nor any participant shall assume or have any liability for any action or inaction by us, our affiliates, or any participant with respect to content available on the Platform. Any conduct by a participant that in our sole discretion restricts or inhibits any other participant from using the Platform or another service shall entitle us to immediately terminate usage and access without notice.
You agree to use the Platform and any NetSpeek Content (as defined below), in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to the Platform or NetSpeek Content, nor will you use the Platform or related services to upload, post, email, distribute, transmit, link, solicit or otherwise make available any NetSpeek Content or use the Platform in any manner that:
· Is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
· Infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights;
· Constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (i.e., spam), chain letters, or any other unsolicited commercial or non-commercial communication;
· Interferes with others using the Platform;
· Contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
· Disrupts, interferes or inhibits any other user from enjoying the Platform or other affiliated or linked websites, material, contents, products and/or services;
· Uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Platform or otherwise monitor or copy any portion of the Platform, products and/or services;
· Prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
· Uses any NetSpeek domain name, or confusingly similar variation, as a pseudonymous return email address;
· Attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any NetSpeek Content or the Platform;
· Reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Platform or NetSpeek Content, use of the Platform, or access to the Platform;
· Publishes, publicly performs or displays, or distributes to any third party any NetSpeek Content, including reproduction on any computer network or broadcast or publications media;
· Systematically collects and uses any NetSpeek Content including the use of any data mining, or similar data gathering and extraction methods, including for the use of machine-learning models or related technology;
· Makes derivative uses of the Platform or the NetSpeek Content;
· Uses, frames, or utilizes framing techniques to enclose any portion of the Platform (including the images found at the Platform or any text or the layout/design of any page or form contained on a page); and/or
· Modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Platform. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Platform to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Platform’s underlying technology.
Your access and use of the Platform may be interrupted at any time and from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Platform or other actions that we, in our sole discretion, may elect to take. In no event will we be liable to you or any third party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Platform, including any associated software or other materials supplied in connection with the Platform, shall be for us to use commercially reasonable efforts to effectuate an adjustment or repair of the Platform.
Third Party Software and Service Providers
To facilitate the function of certain areas of the Platform, we may license software, tools and services from third party providers. At any time and from time to time, we may revise these Terms as requested by our third party providers and require that you agree to additional pass-through terms and conditions with respect to such third party providers. In the event that any use of the services of such third party provider results in you leaving our Platform and entering the site of a third party provider, then you will be subject to the terms of service or use and privacy policy of such third party provider, so please review such terms carefully.
Information From Third Party Sites
By accessing and using the Platform, you expressly authorize and direct us, on your behalf, to electronically retrieve information maintained by third party sites. We do not review third party data for accuracy, legality or non-infringement. We are not responsible for and cannot guarantee the accuracy or timeliness of the third party data we retrieve on your behalf directly from third party technology or data provider.
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalized settings or other service interruptions. We assume no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalized settings.
Privacy Policy
To allow you to use the Platform, you will need to provide us with certain data we use to provide you the Platform; in addition, if you contact us for help or information concerning usage of the Platform, you may provide us with contact information and a description of your issue or request in order for us to provide you with support. You also have the ability to post public comments on certain portions of the Platform, in which may voluntarily include Personal Data (note, we do not recommend posting or granting the Services access to sensitive Personal Data to the Platform).
Our Content, Ownership, Limited License, and Reservation of Rights
A. Our Content.
The Platform contains a variety of: (a) materials and other items relating to NetSpeek and its Platform, and similar items from our licensors and other third-parties, including any and all copyrightable material (including source and object code) as well as software libraries, articles, and other materials provided by third-parties; (b) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of NetSpeek (collectively, “Trademarks”); and (c) other forms of intellectual property (all of the foregoing, collectively “NetSpeek Content”).
B. Ownership.
The Platform (including past, present, and future versions) and the NetSpeek Content are owned or controlled by NetSpeek, our licensors and/or certain other third-parties. All right, title, and interest in and to the NetSpeek Content available via the Platform are the property of NetSpeek, our licensors and/or certain other third-parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible.
C. Limited License.
Subject to your compliance with these Terms and any applicable Additional Terms, NetSpeek grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (a) download (temporary storage only), display, view, use, play, and/or print one copy of the NetSpeek Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone and/or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (b) to use certain NetSpeek Content that we may from time to time make available on the Platform explicitly for you for use as part of your User Content (“NetSpeek Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the NetSpeek Licensed Elements are made available on the Platform; but we and our licensors and certain other third-parties, as the case may be, retain ownership of such NetSpeek Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any NetSpeek Content, and (ii) may be immediately suspended or terminated for any reason, in NetSpeek’s sole and absolute discretion, and without advance notice or liability. Any use of the NetSpeek Content other than as set forth herein shall require a separate agreement between NetSpeek and you.
Your Content; Ownership; Limited License
A. Your Content.
The Platform may allow you to submit, store, share, and otherwise make available certain information, plug-ins, text, videos, or other material (“User Content”) (whether by collaboration on or sharing files with sharing a link, sharing files with other applications or Platform or users, posting in a forum or gallery or otherwise, but excluding, for the avoidance of doubt, any content resulting from Moderation). Suspending or terminating your account will not delete or inhibit access to any of your User Content that was earlier shared or published. If you do not want others to have any such access or any of those rights, do not use the sharing, publishing or other collaboration features of the Platform and set your permissions accordingly. You are responsible for the User Content that you post on or through the Platform, including its accuracy, completeness, legality, reliability, and appropriateness.
By posting User Content on or through the Platform, you represent and warrant that: (a) the User Content is yours (you own it and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms), (b) the posting of your User Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, (c) you have fully complied with any third party license terms relating to User Content that you upload or post using the Platform and have satisfied all terms and conditions to pass through to end users the right to use User Content; and (d) User Content does not contain or will not install any viruses, worms, malware, Trojan horses, or other harmful or destructive programming. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
Except where otherwise stated, NetSpeek has the right but not the obligation to monitor all User Content provided by users.
B. Ownership.
You retain any and all of your rights to any User Content you submit or make available through the Platform and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third-party makes available on or through the Platform. However, by making User Content available to the Platform you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Platform for the sole purpose of providing the Platform to you and any users of the User Content and Platform who you authorize.
In addition, other User Content not owned by you found on or through the Platform are the property of NetSpeek or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said User Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
C. Limited License.
Except as otherwise described in any applicable Additional Terms, you hereby grant to NetSpeek, and you agree to grant to NetSpeek, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content. You acknowledge and agree that NetSpeek has the right to share User Content with third party developers and licensees using the application programming interface (API) provided and licensed in connection with the Platform, however, that this will only occur if you authorize access to any of User Content by any other licensees or other users of the Platform. Please see your account for details of access authorization.
Feedback
You may voluntarily provide (in connection with your use of the Platform or related Platform) suggestions, comments or other feedback about the Platform (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. Further, we are not required to hold such Feedback in confidence; provided, that we will not disclose the source of specific Feedback without your consent; and nothing in these Terms restricts the use by you of such Feedback or ideas that you provide to us.
Termination
These Terms will continue to apply until terminated either by you or us as set forth below. If you want to terminate your legal agreement with us, you may do so by terminating the use of the Platform and removing our software from your devices.
We may, under certain circumstances and without prior notice, immediately terminate your access to the Platform. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Platform (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) you have engaged in fraudulent or illegal activities, or (g) for any other reason or no reason, in our sole and absolute discretion. In addition, if you are provided the Platform under Additional Terms, breach or termination of the Additional Terms will in general terminate your access to the Platform. We may also terminate these Terms for convenience (i.e., without need to prove cause) upon the last-to expire subscription term under each Platform Order, if any.
The termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to the date of termination.
Indemnity
You hereby agree to defend, indemnify and hold us and our subsidiaries, stockholders, directors, officers, employees, agents, representatives, affiliates, contractors, and service providers harmless from any claim or demand (including reimbursing us any reasonable attorneys’ fees incurred by us in the defense of any such claim or demand), made by any third party due to or arising out of User Content you submit, post, transmit, store or otherwise make available through the Platform, your infringement of any intellectual property rights, your use of the Platform, your connection to the Platform, your purchase of products or services through the Platform, your violation of these Terms, or your violation of any rights of another. We retain the right to retain counsel of our choosing in our sole discretion. Furthermore, you must cooperate in good faith to assist us in our defense and any settlement negotiations related thereto, and to reimburse us for reasonable settlement amounts, if any.
Disclaimer of Warranties and Liability
Limitation of Liability; Release
Exclusions and Limitations
Claims of Copyright and Trademark Infringement
Entire Agreement
These Terms constitutes the entire agreement between both of us and governs your use of the Platform, superseding any prior agreements between both of us with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third party content, or third-party software. The foregoing does not apply to parties who are subject to separate Additional Terms.
Choice of Law and Forum
These Terms and the relationship between both of us shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. Your exclusive forum for bringing any claim or cause of action against us is the courts located in Boston, Massachusetts. You hereby accept and submit to the personal and exclusive jurisdiction of such courts in any proceeding or action. With respect to any such proceeding or action brought in such courts, you hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection you may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient form. Nothing limits our right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief.
Arbitration
Notwithstanding anything herein, if we elect in our sole discretion to resolve any claim through arbitration, you must cooperate fully with and be bound by such arbitration, without further recourse of any kind. The American Arbitration Association (“AAA”) shall preside over such arbitration. Such arbitration shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. All proceedings shall take place in Boston, Massachusetts. If there is a conflict between the rules of the AAA and any provision of these Terms, these Terms shall govern. You are responsible for all costs that you incur in the arbitration, including without limitation, expert witnesses or attorneys. The reasonable filing fees and arbitrator’s costs and expenses shall be advanced by us. However, if the arbitration is decided in our favor, you must reimburse us for all of our fees, costs, and expenses related to the arbitration, including without limitation, all fees, costs, and expenses related to filing, arbitrators, expert witnesses, attorneys, and other third parties.
Waiver and Severability of Terms
We do not waive our rights by delaying or failing to exercise them at any time. If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal governmental agency, the validity or enforceability of any other provision of these Terms shall not be affected, and the other provisions of the Terms remain in full force and effect.
No Third-Party Beneficiaries
Except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
No Right of Survivorship and Non-Transferability
Your right of access to the Platform is non-transferable and any rights to information we store with respect to your usage terminates upon your death or dissolution.
Statute of Limitations
Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Headings
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Modifications
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice to you. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform. We may also revise these Terms at any time, and therefore we suggest that you check these Terms from time to time. We may notify you of any changes by a Notice as provided below. If you do not agree to the changes after receiving notice of the changes to the Platform, you may stop using the Platform as provided herein. Your continued access or use of the Platform indicates your agreement to be bound by any such changes.
Notifications
We may at any time and from time to time provide certain communications to you such as service announcements, administrative messages and other notifications (“Notices”).
Notices will in general be sent by means of a general notice through the Platform. By providing us with your email address, you consent to receive all required Notices regarding our Platform and other offerings electronically. All Notices in electronic format will be considered to be in writing, and to have been received no later than five (5) business days after or dissemination, whether or not you have received or retrieved the communication. Your consent to receive Notices electronically is valid until you end your relationship with us. We reserve the right to terminate or change the terms and conditions on which we provide electronic Notices and will provide you notice thereof in accordance with applicable law.
Any notice you desire to send to us must be sent exclusively by submitting an electronic message via email at support@netspeek.com unless explicitly instructed to do otherwise in these Terms.

