Terms of Service

These terms govern your use of the hosted Lurker service at lurker.chat. The self-hosted open-source edition is licensed separately under its own license and is not covered here.

1.0Who we are

The hosted Lurker service ("Lurker", "we", "us") is operated by Brad Root, a sole proprietor. By creating an account or using the service you ("you") agree to these Terms of Service and to our Privacy Policy and Acceptable Use Policy, which are incorporated by reference. If you do not agree, do not use the service.

2.0What Lurker is

Lurker is an always-on IRC client and bouncer: it maintains connections to independent, third-party IRC networks on your behalf, records the activity in your channels, and presents it through a web application. We do not operate, own, or control any IRC network you connect to. Those networks are run by separate parties with their own rules, and your use of them is between you and them.

3.0Eligibility and accounts

• You must be at least 16 years old (or the age of digital consent in your jurisdiction) to use the service.
• You are responsible for the security of your account and for all activity under it. Use a strong, unique credential and keep it confidential.
• You agree to provide accurate information and to keep it current.
• Accounts are for individual humans. You may not share, resell, or transfer your account.

4.0Acceptable use

Your use of Lurker is subject to the Acceptable Use Policy. You must also comply with the terms, rules, and policies of every network you connect to through Lurker. Violations may result in suspension or termination under Section 8.

5.0Fees, billing, and renewal

The hosted service is offered as a paid subscription. Some accounts may be provided free of charge (for example, complimentary or grandfathered accounts), and we may add, change, or withdraw plans or prices on reasonable notice. For paid subscriptions:

• Payments are processed by our payment provider (Stripe). We do not store any payment details, all of that is handled securely by Stripe.
• Your subscription renews automatically. We charge your payment method the then-current fee each billing period (for example, monthly) until you cancel.
• You can cancel at any time from "Manage billing" in your account, or by emailing support@lurker.chat. Cancellation takes effect at the end of your current billing period, and you are not charged again after that.
• 14-day money-back guarantee: if you are not satisfied, you may request a full refund of your first payment within 14 days. Refunds and cancellations are governed by our Refund & Cancellation Policy.
• Prices may exclude applicable taxes, which will be added where required.

6.0Your content and data

You retain ownership of the messages and content you send and receive. You grant us a limited license to store, process, and transmit that content solely to operate the service for you (for example, to relay it to and from IRC networks, record your history, store files you upload, and back it up), which includes reviewing and removing uploaded files when needed to enforce the Acceptable Use Policy or comply with the law. We do not sell your content, and we do not use it for advertising. We handle your data as described in the Privacy Policy.

7.0Availability and "as is"

The service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation, and we are not responsible for the availability, conduct, or content of third-party IRC networks.

8.0Suspension and termination

We may suspend or terminate your access, with or without notice, if you violate these terms or the Acceptable Use Policy, if required to protect the service or other users, or if required by law. You may close your account at any time; on closure we delete your cell-side data and release your email for re-registration, as described in the Privacy Policy. Sections that by their nature should survive termination (including 6.0, 7.0, 9.0, 10.0, and 12.0) survive.

9.0Limitation of liability

To the maximum extent permitted by law, Lurker and its operator will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or related to your use of the service. Our total liability for any claim relating to the service will not exceed the greater of the amount you paid us in the twelve months before the claim or USD $50.

10.0Indemnification

You agree to indemnify and hold harmless Lurker and its operator from claims, damages, and expenses arising out of your use of the service, your content, or your violation of these terms, the Acceptable Use Policy, or any third-party network's rules or the law.

11.0Changes to these terms

We may update these terms. If we make material changes, we will take reasonable steps to notify you (for example, by email or an in-app notice). Continued use after changes take effect constitutes acceptance.

12.0Governing law

These terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in California, and you consent to their jurisdiction.

13.0Contact

Questions about these terms: support@lurker.chat.