Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you and BlueCouchWorks (“we”, “us”, or “our”). They govern your use of the Signa iOS application, any updates to it, and any related documentation, websites, and services we make available (together, the “Service”).

By installing, accessing, or using the Service, you agree to these Terms. If you do not agree, do not install or use the Service. If you use the Service on behalf of a legal entity, you represent that you have authority to bind that entity, and “you” means you and that entity.

These Terms incorporate by reference our Privacy Policy and, as required by Apple, the Licensed Application End User License Agreement (the “Apple EULA”).

The Service

Signa is an end-to-end encrypted peer-to-peer messaging application for iOS. Messages, media, and calls are encrypted on your device and are delivered, to the extent possible, directly to the devices of the other participants. We do not operate a server that holds your messages. We use Apple’s CloudKit as an untrusted rendezvous for encrypted connection information.

The Service relies on infrastructure we do not control — including your device, your network, Apple’s CloudKit and Push Notification services, WebRTC, and third-party STUN servers — and its availability and performance depend on that infrastructure. We may modify, suspend, or discontinue the Service, or any feature of it, at any time.

Eligibility

You may use the Service only if:

• you are at least 13 years old, or the minimum age required by your country to agree to these Terms and to use an online service without parental consent, whichever is higher (for example, 16 in most of the European Economic Area and the United Kingdom);
• you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction;
• you are not located in, or a national or resident of, any country that is subject to a comprehensive U.S. government embargo, and you are not identified on any U.S. government list of prohibited or restricted parties; and
• your prior use of the Service has not been terminated for breach of these Terms.

Your account and device identity

Signa does not issue accounts in the traditional sense. Your identity on the Service is bound to cryptographic keys generated on your device and, optionally, to your Apple ID through Sign in with Apple. You are responsible for:

• keeping your device and Apple ID secure, including using a passcode, biometric authentication, and up-to-date iOS software;
• safeguarding any invite passphrases or links you share or receive; and
• all activity that occurs through your device on the Service.

There is no account recovery. Because your private keys live only on your device, if you lose or reset the device without a backup the App can use, you will permanently lose access to groups and to messages stored on that device. We cannot restore them.

License grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Signa iOS application on an Apple-branded device that you own or control, for your personal, non-commercial use, in accordance with the Apple EULA.

All rights not expressly granted are reserved. Signa, its source code, protocols, designs, icons, and documentation are our intellectual property or that of our licensors.

Acceptable use

You agree that you will not, and will not attempt to:

• use the Service to send unlawful, defamatory, harassing, threatening, hateful, or discriminatory content;
• transmit or solicit child sexual abuse material or any other content that exploits minors;
• use the Service to commit fraud, spam, phishing, impersonation, or any form of abusive, deceptive, or unsolicited bulk messaging;
• transmit malware, ransomware, worms, viruses, or any code that interferes with computer or network operation;
• infringe the intellectual property, privacy, publicity, or other rights of any person;
• harvest, scrape, or otherwise collect information about other users;
• interfere with, probe, overload, or disrupt the Service or any associated infrastructure, including Apple’s services and third-party STUN servers;
• reverse engineer, decompile, disassemble, or attempt to derive source code from the Service, except to the extent that applicable law expressly permits such activity despite this limitation;
• circumvent, disable, or otherwise interfere with security, rate-limiting, or authentication features of the Service;
• remove, obscure, or alter any proprietary notices; or
• use the Service in violation of any applicable law, regulation, or sanctions program, including U.S. export controls.

You are solely responsible for your conduct and for any content you transmit through the Service. Because the Service is end-to-end encrypted, we cannot see the content of your communications, and we cannot and do not pre-screen, moderate, or endorse them. Other participants in your groups may screenshot, forward, or otherwise retain what you send; we have no control over them and no ability to recall messages on their devices.

Your content

You retain all rights in the content you transmit through the Service. You do not grant us any license to your content, because we do not receive it in a form we can read. To transmit your content over the Service, you grant the other participants you select (within your groups) whatever permissions they need to receive, decrypt, display, and retain that content on their devices in accordance with these Terms and the nature of a peer-to-peer messenger.

Apple’s role

You acknowledge that these Terms are between you and us, and not with Apple Inc. (“Apple”), and that we, not Apple, are solely responsible for the Service and its content. Apple has no obligation to furnish maintenance or support for the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility, subject to the limitations below. You and we acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and that Apple will have the right to enforce these Terms against you.

Third-party services and content

The Service interoperates with third-party services and infrastructure, including Apple’s CloudKit and Push Notification service and public STUN servers operated by Google and Cloudflare. Your use of those services is governed by their own terms and privacy policies. We are not responsible for the availability, content, or conduct of any third party, and we make no warranty regarding them.

Updates and changes to the Service

We may release updates to the Service from time to time. Some updates may be required to continue using the Service or to maintain interoperability with other users’ devices. We may change, add, or remove features at our discretion, and we may, in particular, deprecate on-wire formats or protocols where necessary to fix security issues; such changes may render earlier versions of the App unable to communicate with later ones.

Disclaimer of warranties

The service is provided “as is” and “as available”, with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, we and our licensors disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the service will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components; that any defect will be corrected; that the service will meet your requirements; or that messages sent through the service will be delivered, delivered in order, delivered only to intended recipients, or preserved. You assume all risk arising from your use of the service.

Signa is an independent project built with best effort and best intentions. It has not been independently audited. Encryption reduces but cannot eliminate risk: no cryptographic system is immune to implementation error, future cryptanalysis, compromise of an endpoint device, or coercion of a participant. Do not use the service for communications whose compromise would put you or anyone else at serious risk.

Limitation of liability

To the maximum extent permitted by applicable law, in no event will we, our affiliates, our licensors, or our suppliers be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages; for any loss of profits, revenues, data, goodwill, use, or other intangible losses; or for any damages arising out of or relating to your use of, or inability to use, the service, the conduct of any other user, any content transmitted through the service, any unauthorized access to or alteration of your data, or any decryption, interception, or disclosure of your communications, whether based in contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our aggregate liability arising out of or relating to these terms or the service will not exceed the greater of (a) the total amount you have paid us for the service in the twelve months preceding the event giving rise to the liability, or (b) one hundred U.S. dollars (US $100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above exclusions and limitations may not apply to you. In such jurisdictions, our liability is limited to the minimum extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law (such as, in some jurisdictions, liability for death or personal injury caused by negligence, fraud, or willful misconduct).

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your use of the Service; (ii) your violation of these Terms; (iii) content you transmit through the Service; (iv) your violation of any law or the rights of any third party; or (v) any dispute between you and any other user.

Termination

You may stop using the Service at any time by uninstalling the App. We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if we believe in good faith that you have violated these Terms or applicable law, or if we discontinue the Service. Provisions that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and governing-law provisions) will survive.

Export controls and sanctions

The Service and the cryptography it uses may be subject to U.S. export control laws and regulations and the export control laws of other jurisdictions. You agree to comply with all such laws and regulations and not to export, re-export, or transfer the Service to any person or destination prohibited by them.

Governing law; dispute resolution

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved on an individual basis only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You and we each waive any right to a jury trial. Either party may bring a qualifying dispute in small-claims court where available. Subject to the foregoing, the state and federal courts located in San Francisco County, California will have exclusive jurisdiction over any dispute not resolved by small claims, and you consent to personal jurisdiction and venue there. If you are a consumer residing in a jurisdiction whose law grants you the right to bring proceedings in your local courts, nothing in this section removes that right.

Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date at the top and, where appropriate, notify you in the App. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of them. If you do not agree to the revised Terms, your remedy is to stop using the Service.

Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and the Apple EULA, are the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements.
• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed; the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them freely, including in connection with a merger, acquisition, or sale of assets.
• No agency. No joint venture, partnership, employment, or agency relationship exists between you and us.
• Notices. We may give notice through the App, by email, or by posting to this website. Notice to us must be sent to support@bluecouchworks.com.

Contact

Questions about these Terms: support@bluecouchworks.com.