Terms of Use

1. Definitions

“Service” means the Direct Video Call website, client software, interfaces, invite links, and related functionality made available at directvideocall.com. “Session” means a 1-on-1 audiovisual connection attempted or established through the Service between two devices. “Room Identifier” means the token embedded in an invite URL used to coordinate a Session. “Guest” means a User who accesses the Service without creating an account. Capitalized terms not defined herein have the meaning given in a linked policy.

2. Scope of the Service; features not offered

2.1 The Service is designed to help two Guests attempt a direct, browser-based video call. Camera and microphone access, if granted by User’s browser, are used to capture signals on User’s device for transmission toward the other participant.

2.2 As presently configured, the Service does not provide: user accounts or profiles; group calls; in-app text chat; file, image, or screen-share upload to Provider; payment processing; advertising; analytics products; Provider-operated recording, transcription, or content moderation of Session media; or a persistent meeting archive.

2.3 Provider is not a telecommunications carrier, interconnected VoIP provider, or emergency-calling provider, and does not furnish 911 / E911 access.

2.4 If Provider later enables additional features, those features will be described in an updated posting. This Agreement applies to such features unless a separate terms set is presented.

3. Eligibility

3.1 User represents and warrants that User is at least eighteen (18) years of age and has legal capacity to enter this Agreement. The Service is not directed to children.

3.2 User shall not use the Service where prohibited by law, including applicable export-control and sanctions laws of the United States.

3.3 Provider may refuse, suspend, or terminate access upon notice or knowledge of use by a person under eighteen (18) or of use that violates this Agreement.

4. Guests; invite links; Room Identifiers

4.1 Access is on a Guest basis. Provider does not issue accounts, passwords, or user names. Possession of an invite URL is the credential for attempting to join a Session.

4.2 A Room Identifier is a shared secret of limited entropy. Any person who obtains the corresponding URL may attempt to join. User shall treat the URL as confidential, shall not publish it in a public forum, and assumes all risk of disclosure, forwarding, or guessing.

4.3 Provider does not warrant that a Room Identifier is unique for all time, that a third person cannot connect, or that a Session is limited to the intended invitee.

5. Communications; recording; interception

5.1 Session audio and video are captured on participating devices after browser permission and are transmitted toward the other participant. Provider does not operate a Session media archive and does not, in the ordinary course of the present architecture, record, store, monitor, transcribe, or analyze Session audiovisual content.

5.2 The foregoing is a description of Provider’s present design, not a warranty of privacy, confidentiality, or non-interception. The other participant, that participant’s device, operating system, extensions, network operator, or a third party may capture, record, or disclose Session content without Provider’s knowledge. Signaling, hosting, and network-discovery providers process technical data as described in the Privacy Policy.

5.3 Provider does not represent that Sessions are end-to-end encrypted, encrypted at rest, anonymized, or immune from joining by a person with the invite URL. User shall not rely on the Service for confidential, privileged, classified, or legally sensitive communications.

5.4 User is solely responsible for complying with all laws governing recording, interception, and notice, including one-party and all-party consent statutes. User shall obtain all consents required to capture, transmit, or record any person, image, or voice. Where User records a Session using device or third-party tools, User does so solely on User’s own behalf.

6. Technical path; third parties; interruptions

6.1 Establishment of a Session typically requires third-party signaling to exchange setup messages, STUN or comparable network-discovery services, and website hosting. User’s Internet Protocol address, ICE candidates, and related connection data may be disclosed to the other participant and to such providers. Provider does not presently operate a media relay. If a direct path cannot be established (including on certain networks), the Session may fail.

6.2 Provider does not control public networks, User’s ISP, browser vendors, or independent processors and is not responsible for their acts, omissions, outages, or policies.

6.3 THE SERVICE IS NOT A SUBSTITUTE FOR 911, E911, OR ANY EMERGENCY, MEDICAL, OR LIFE-SAFETY SERVICE. USER SHALL NOT RELY ON THE SERVICE FOR EMERGENCY COMMUNICATIONS.

7. License; intellectual property

7.1 Provider grants User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Service solely to conduct a lawful personal Session. All rights not expressly granted are reserved.

7.2 The Service, including names, marks, trade dress, text, graphics, and software, is owned by Provider or its licensors. All rights reserved.

7.3 User retains whatever rights User has in content User transmits. User grants the other participant a limited permission to receive that transmission for the Session, and grants Provider a limited permission to process technical data as described in the Privacy Policy. Provider does not claim ownership of Session audiovisual content.

8. User obligations

8.1 User is solely responsible for devices, software, browser permissions, connectivity, physical surroundings, and the acts of any person User invites.

8.2 User shall maintain the security of User’s device, browser, and invite links, and shall end the Session when finished.

8.3 User shall comply with all applicable laws, including privacy, recording, harassment, intellectual-property, export, and consumer-protection laws.

8.4 Acceptable use. User shall comply with the Acceptable Use Policy. Breach of that policy is a material breach of this Agreement.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PROVIDER DOES NOT WARRANT THAT SESSIONS WILL CONNECT, REMAIN CONNECTED, BE SECURE, BE PRIVATE, BE CONFIDENTIAL, BE ERROR-FREE, BE FREE OF UNAUTHORIZED JOINING, OR BE COMPATIBLE WITH USER’S DEVICE OR NETWORK. USER USES THE SERVICE AT USER’S SOLE RISK AND ASSUMES ALL RISK OF LOSS OF PRIVACY, INTERCEPTION, RECORDING BY OTHERS, AND FAILED OR DROPPED SESSIONS.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, PRIVACY, SAFETY, OR BUSINESS OPPORTUNITY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER SHALL HAVE NO LIABILITY FOR: FAILED, DELAYED, OR DROPPED SESSIONS; UNAUTHORIZED JOINING OF A SESSION; RECORDING OR MISUSE BY ANY PERSON; DISCLOSURE OF AN INTERNET PROTOCOL ADDRESS OR DEVICE IDENTIFIER; CAMERA OR MICROPHONE MISUSE; CONDUCT OF ANY PARTICIPANT; THIRD-PARTY OUTAGES; NETWORK OR BROWSER FAILURES; SECURITY INCIDENTS ON SYSTEMS PROVIDER DOES NOT CONTROL; OR UNAUTHORIZED ACCESS TO USER’S DEVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS, IF ANY, ACTUALLY PAID BY USER TO PROVIDER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING, WHERE SUCH RULES APPLY, LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR WILLFUL MISCONDUCT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS, PROVIDER’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED.

User’s exclusive remedy for dissatisfaction with the Service is to discontinue use. These limitations are an essential basis of the bargain.

11. Indemnification

To the fullest extent permitted by applicable law, User shall defend, indemnify, and hold harmless Provider and its officers, contractors, and agents from and against any claim, demand, loss, liability, damage, judgment, cost, and expense (including reasonable attorneys’ fees) arising out of or relating to: (a) User’s use of the Service; (b) User’s Sessions, Room Identifiers, or content; (c) User’s breach of this Agreement or of law; (d) alleged infringement or violation of any third-party right; (e) recording or disclosure of a Session by User; or (f) any dispute between User and another participant. Provider may assume exclusive defense at User’s expense. User shall not settle any claim imposing obligation on Provider without Provider’s prior written consent.

12. Suspension; termination

User may discontinue use at any time. Provider may suspend, restrict, or terminate the Service or User’s access at any time, immediately, with or without notice, without liability, including for suspected violation of the Acceptable Use Policy or to protect the Service. Sections 7, 8.4, 9, 10, 11, 13, 14, and 15 survive termination.

13. Dispute resolution

13.1 This Agreement is governed by the laws of the State of Texas, United States, excluding conflict-of-law rules, except where mandatory law of User’s place of residence requires otherwise. The Federal Arbitration Act governs the agreement to arbitrate. Seat of arbitration: Dallas County, Texas.

13.2 Informal resolution. Before commencing a proceeding, User shall attempt in good faith to resolve the dispute by contacting Provider at privacy@directvideocall.com and waiting thirty (30) days.

13.3 Binding arbitration. Except for (i) claims that may be brought in small-claims court seeking individual relief, and (ii) claims for which arbitration is prohibited by mandatory law of User’s place of residence, any dispute arising out of or relating to this Agreement or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction.

13.4 Class-action and jury waivers. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USER AND PROVIDER MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate claims or preside over any class proceeding.

13.5 If the class waiver is held unenforceable as to a particular claim, that claim shall proceed in court, not arbitration. Exclusive venue for non-arbitrable actions, except where mandatory law requires otherwise, is the state or federal courts located in Dallas County, Texas. User consents to personal jurisdiction there.

13.6 Consumers in the EEA, United Kingdom, or Switzerland retain any non-waivable right to bring proceedings in the courts of their place of residence.

14. Force majeure

Provider is not liable for delay or failure caused by events beyond its reasonable control, including network or power failure, labor dispute, act of God, epidemic, war, terrorism, governmental action, or failure of a third-party provider.

15. General

This Agreement, together with the incorporated policies, is the entire agreement between the parties concerning the Service and supersedes all prior understandings. If any provision is held unenforceable, it shall be modified to the minimum extent required, and the remainder shall remain in effect. Failure to enforce a provision is not a waiver. User may not assign this Agreement. Provider may assign it without restriction. There are no third-party beneficiaries except indemnified persons. Headings are for convenience only. “Including” means “including without limitation.” Notices may be posted on the Service. Provider may amend this Agreement by posting an updated version with a revised “Last updated” date. Continued use after posting constitutes acceptance where permitted by law. Where consent is required, Provider will request it.

16. Contact

Notices to Provider: privacy@directvideocall.com.