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.  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.  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.  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. 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.  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.  The fees for a new subscription must be paid in advance and will be automatically debited at the beginning of every billing period. . 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 Communication Service may allow the Authorised Users to encrypt their communications end-to-end between devices.  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:   the Hosting and Communication Services will meet your requirements;  the Services will be uninterrupted, timely, secure, or error-free;  the quality of the Services will meet your expectations.  Without limiting the foregoing, Element or the Homeserver Owner make no warranty that:   the Hosting and Communication Services will meet your requirements;  the Services will be uninterrupted, timely, secure, or error-free; Without limiting the foregoing, Element or the Homeserver Owner make no warranty that:   the Hosting and Communication Services will meet your requirements;  the Services will be uninterrupted, timely, secure, or error-free;  the quality of the Services will meet your expectations. and  any errors or defects in the Services will be corrected.  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; 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. 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:   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)  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);  your connection to the Services;   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:   the access or use of or the inability to access or use the Services;  the statements or actions of any third party on or via the site, services or materials;  any dealings with vendors or other third parties;  any unauthorized access to or alteration of your transmissions, user materials or other data;  any information that is sent or received or not sent or received;  any failure to store or loss of data, files, materials or other content;  any services available that are delayed or interrupted;  any web site referenced or linked to from this site. or  your access to or use of or inability to access or use any linked site.  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. 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.  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.  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.  

Summary:
Users should revisit the terms periodically, although in case of material changes, the service will notify. Instead of asking directly, this Service will assume your consent merely from your usage.. You maintain ownership of your data. This service does not condone any ideas contained in its user-generated contents. This service is only available to users over 16 years of age. Users agree not to submit illegal content. You authorise the service to charge a credit card supplied on re-occurring basis. The service has a no refund policy. User-generated content is encrypted, and this service cannot decrypt it. The service is provided 'as is' and to be used at the users' sole risk. This service does not guarantee that it or the products obtained through it meet the users' expectations or requirements. This services gives no guarantee regarding quality. The service provider makes no warranty regarding uninterrupted, timely, secure or error-free service. The service does not guarantee that software errors will be corrected. The service is not responsible for linked or (clearly) quoted content from third-party content providers. Users are responsible for any risks, damages, or losses they may incur by downloading materials. You are solely responsible for claims made against the service and agree to indemnify and hold harmless the service.. This service assumes no liability for any losses or damages resulting from any matter relating to the service. The court of law governing the terms is in location England and Wales. This service does not force users into binding arbitration. The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection.. You cannot distribute or disclose your account to third parties. Other applicable rules, terms, conditions or guidelines. Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder. Failure to enforce any provision of the Terms of Service does not constitute a waiver of such provision.