Thank you for choosing to be part of our community at Clostra, Inc., doing business as NewNode (“NewNode Messenger,” “we,” “us,” or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at firstname.lastname@example.org.
We require certain information to deliver our Services and without this we will not be able to provide our Services to you. For example, you must provide your mobile phone number or email address to create an account to use our Services. NewNode messages and calls are always end-to-end encrypted, and cannot be accessed by us or other third parties.
Terms of Service
NewNode utilizes state-of-the-art security and end-to-end encryption to provide private messaging, Internet calling, and other services to users worldwide. You agree to our Terms of Service (“Terms”) by installing or using our apps, services, or website (together, “Services”).
About our services
Minimum Age. You must be at least 13 years old to use our Services. The minimum age to use our Services without parental approval may be higher in your home country.
Account Registration. To create an account you must register for our Services using your phone number or email address. If you register with your phone number, you agree to receive text messages and phone calls (from us or our third-party providers) with verification codes to register for our Services.
Privacy of user data. NewNode does not sell, rent or monetize your personal data or content in any way – ever.
Software. In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Services.
Fees and Taxes. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of NewNode, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and auto-dialing.
Harm to NewNode. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm NewNode, our Services, or systems. For example you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; or (e) sell, rent, or charge for our Services.
Keeping Your Account Secure. NewNode embraces privacy by design and does not have the ability to access your messages. You are responsible for keeping your device and your NewNode account safe and secure. If you lose your phone, you can register a new account (although your message history will be lost). When you register with a new device, your old device will stop receiving all messages and calls.
No Access to Emergency Services. Our Services do not provide access to emergency service providers like the police, fire department, hospitals, or other public safety organizations. Make sure you can contact emergency service providers through a mobile, fixed-line telephone, or other service.
Third-party services. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.
NewNode VPN does not collect location data, even when the app is closed. A “current location” feature is used in the app only to discover and connect to nearby devices.
Your Rights and License with NewNode
Your Rights. You own the information you submit through our Services. You must have the rights to the phone number or email address you use to sign up for your NewNode account.
NewNode’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact email@example.com.
NewNode’s License to You. NewNode grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.
Disclaimers and Limitations
Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. NEWNODE DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “NEWNODE PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
Limitation of liability. THE NEWNODE PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE NEWNODE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE NEWNODE PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Availability of Our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
Resolving Disputes and Ending Terms
Resolving disputes. You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in the United States District Court for the Southern District of Florida or a state court in Miami-Dade County, Florida. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of the State of Florida govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between NewNode and you, without regard to conflict of law provisions.
Ending these Terms. You may end these Terms with NewNode at any time by deleting NewNode from your device and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for NewNode. The following provisions will survive termination of your relationship with NewNode: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and “General”.
NewNode may update the Terms from time to time. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and Clostra, Inc. regarding our Services. If you do not agree with our Terms, you should stop using our Services.
If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. If you have specific questions about these Terms, please contact us at firstname.lastname@example.org.
NewNode utilizes state-of-the-art security and end-to-end encryption to provide private messaging and Internet calling services to users worldwide (“Services”). Your calls and messages are always encrypted, so they can never be shared or viewed by anyone but yourself and the intended recipients.
Information you provide
Account Information. You register a phone number or email address when you create a NewNode account. Phone numbers are used to provide our Services to you and other NewNode users. You may optionally add other information to your account, such as a profile name and profile picture. This information is end-to-end encrypted.
Messages. NewNode cannot decrypt or otherwise access the content of your messages or calls. NewNode queues end-to-end encrypted messages on its servers for delivery to devices that are temporarily offline (e.g. a phone whose battery has died). Your message history is stored on your own devices.
Additional technical information is stored on our servers, including randomly generated authentication tokens, keys, push tokens, and other material that is necessary to establish calls and transmit messages. NewNode limits this additional technical information to the minimum required to operate the Services.
Contacts. NewNode can optionally discover which contacts in your address book are NewNode users, using a service designed to protect the privacy of your contacts. Information from the contacts on your device may be cryptographically hashed and transmitted to the server in order to determine which of your contacts are registered. Cryptographic hashing is irreversible: it means that we are not able to reconstruct your contact information from those hashes.
User Support. If you contact NewNode for user support, any personal data you may share with us is kept only for the purposes of researching the issue and contacting you about your case.
Information we may share
Third Parties. We work with third parties to provide some of our Services. For example, our Third-Party Providers will send a verification code to your phone number if you register for our Services using your phone number. These providers are bound by their Privacy Policies to safeguard that information. If you use other Third-Party Services like YouTube, Spotify, Giphy, etc. in connection with our Services, their Terms and Privacy Policies govern your use of those services.
Other instances where NewNode may need to share your data
- To meet any applicable law, regulation, legal process or enforceable U.S. governmental request.
- To enforce applicable Terms, including investigation of potential violations.
- To detect, prevent, or otherwise address fraud, security, or technical issues.
- To protect against harm to the rights, property, or safety of NewNode, our users, or the public as required or permitted by law.
Effective as of September 1, 2021.
Updated September 1, 2021.