1. Introduction

Firefox Hello is an end-to-end real-time communications video and voice service (“Service”) by Mozilla. Please read this entire document (“Terms”) carefully because it explains your rights and responsibilities when you use Firefox Hello to send or receive communications.

2. Account Registration

A Firefox Account may be required to use certain features of the Service, such as importing your contacts from another service or creating new contacts. If you sign up for a Firefox Account, you agree to its Terms of Service and Privacy Notice.

3. Features

The Service is provided to you in collaboration with TokBox, Inc. (TokBox is also referred to in this document as a licensor). The Service is integrated into Firefox so you can easily make voice and video calls between Firefox and users of any WebRTC-enabled browser or device. The Service is subject to change. Please reference Mozilla’s support site for questions on features.

4. Privacy Policy

The Firefox Hello Privacy Notice explains what information is sent when you use the Service and how that information is handled.

5. Content & Use

You understand that the Service allows users to transmit certain information (such as video or images) (“Content”). You hereby grant Mozilla and our licensors all rights necessary to provide the Service and you agree that your use of the Service will comply with Mozilla’s Conditions of Use. You are solely responsible for the Content you transmit and the consequences.

For more information on how to report a claim of copyright or trademark abuse, please see here.

6. Mozilla's and TokBox’s Proprietary Rights

Neither Mozilla nor its licensors grant you any intellectual property rights in the Service that are not specifically stated in these Terms. For example, these Terms do not provide the right to use any copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features of Mozilla or its licensors.

The Mozilla software is distributed under and subject to the current version of the Mozilla Public License, or other similarly permissive licenses.

7. Services Interruption; Term; Termination

From time to time, we may need to perform maintenance on or upgrade the Service, or temporarily suspend part or all of the Service. Notice is not always possible. You will not be entitled to claim expenses or damages for such suspension or limitation of the use of the Service.

These Terms apply to your use of the Service and will continue to apply until ended by either you or upon notice from Mozilla or TokBox. You can choose to end them at any time for any reason by discontinuing your use of the Service.

We may suspend or terminate your access to the Service or your Firefox Account at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms (ii) you create risk or possible legal exposure for Mozilla or TokBox; or (iii) the provision of the Service to you is no longer commercially viable. If possible, we will make reasonable efforts to notify you by the email address associated with your Firefox Account or the next time you attempt to access the Service.

In all such cases, these Terms shall terminate, including, without limitation, your license to use the Service, except that the following sections shall continue to apply: Indemnification, Disclaimer; Limitation of Liability and Miscellaneous.

8. Indemnification

You agree to defend, indemnify and hold harmless Mozilla, TokBox and their respective parent and affiliate companies, contractors, contributors, licensors, partners, directors, officers, employees and agents ("Indemnified Parties") from and against any and all third party claims and expenses, including attorneys' fees, arising out of or related to your use of the Services (including, but not limited to, from any Content transmitted by you).

9. Disclaimer; Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES, HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SERVICES ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING.

YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SERVICES FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE RISK THAT YOUR CONTENT IS DELETED OR CORRUPTED OR THAT SOMEONE ELSE ACCESSES YOUR ACCOUNT.

THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

EXCEPT AS REQUIRED BY LAW, THE INDEMNIFIED PARTIES, WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COLLECTIVE LIABILITY OF THE INDEMNIFIED PARTIES, UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10. Modifications to these Terms

These Terms may be updated from time to time to address a new feature of the Service or to clarify a provision. The updated Terms will be posted online. If the changes are substantive, we will announce the update through Mozilla's usual channels for such announcements such as blog posts and forums. Your continued use of the Service after the effective date of such changes constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date at the top of this page.

11. Miscellaneous

These Terms constitute the entire agreement between you, Mozilla and TokBox concerning the Services and are governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these terms and the English language version, the English language version shall control.

12. Contact Us

Contact Mozilla at: Mozilla Corporation (Attn: Mozilla – Legal Notices, 2 Harrison Street, San Francisco CA 94105) or via e-mail to: legal-notices@mozilla.com.