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Terms of Service

This is the agreement between you and Nelkira Technology Ltd. for using Nelkira, this website, and the relay service we operate. Please read it. Where it matters we have said what we do not do, because with remote desktop software that is usually the more important half.

1. Who we are

Nelkira is made by Nelkira Technology Ltd. (Nelkira), a company registered in Bangladesh under number [COMPANY REGISTRATION NUMBER], with its registered office at [REGISTERED OFFICE ADDRESS], Dhaka, Bangladesh. In these terms “we”, “us” and “our” mean that company, and “you” means the person or organisation using Nelkira.

2. What you are agreeing to

By downloading, installing or using Nelkira, or by using this website, you accept these terms. If you are accepting on behalf of an organisation, you confirm you are authorised to bind it, and “you” means that organisation.

Separate documents cover particular parts, and each forms part of this agreement:

3. What Nelkira is, in plain terms

Nelkira lets one computer show its screen to, and be controlled by, another. You install it on the machines you are responsible for. A machine shows a nine-digit number and an access password, and whoever holds both can connect to it — or, where no password is given, whoever is at the machine can allow a connection by clicking Allow.

You are responsible for who you give those details to. They are the keys to the machine. We cannot tell whether the person holding them is your colleague or someone who telephoned your staff and asked for them.

4. What we can and cannot see

This section describes how the software is built, and we intend it to be relied on.

  • Sessions are encrypted between the two machines. Screen contents, keystrokes, mouse movement, clipboard contents and transferred files are encrypted on the machine that sends them and decrypted only on the machine that receives them.
  • Our relay cannot read what it carries. Where a session passes through a relay we operate, that relay copies encrypted bytes between two connections. It holds no key capable of reading them. This is a property of the design, not a promise about our behaviour, with two gaps that the Security Statement describes: a relay changed to attack sessions could sit in the middle of a connection let in by clicking Allow with no password typed; and, during a password sign-in from a viewer older than release 0.4.0 (from 0.4.0 the password is proved, not sent), it could pose as the machine being reached.
  • The detailed record of a session stays on the machine. What was transferred, switched or blanked is written on the machine that was accessed, under its owner’s control. If you use an Nelkira account, the service also keeps a short history of which of your devices connected to which and for how long — no content, and only for your own devices. The Privacy Policy lists exactly what that history holds.
  • We cannot recover your access passwords, and we cannot let you into a machine you have lost the details for. There is no master key and no support route around this. Anyone claiming otherwise, including anyone claiming to be us, is not.

What a relay we operate necessarily does see, because it must, is set out in the Privacy Policy: which machine numbers connected, when, from which network address, and how many bytes passed.

5. Running your own relay

Nelkira can be pointed at a relay you run yourself, on your own hardware, in which case no part of a session touches anything of ours at all. Where you do that, these terms still govern the software, but the sections about our relay service do not apply to you, and operating that server — keeping it patched, reachable and secure — is yours to do.

6. Your obligations

You agree that you will:

  • connect only to machines you own, or that you have permission from the owner to access, and keep evidence of that permission where you are supporting someone else’s equipment;
  • tell the people who use those machines that remote access is installed and who may use it;
  • keep access passwords and remembered-device access to people who should have them;
  • keep the software reasonably up to date. Nelkira updates itself while nobody is connected unless you switch that off in its Advanced tab, or it is a PC installed for everyone with release 0.4.x, which moves to 0.5.0 only when someone there chooses to; in those cases installing updates is yours to do, since fixes reach you no other way;
  • comply with the Acceptable Use Policy and with the law that applies to you.

7. Regulated and clinical settings

Nelkira is general-purpose software for supporting computers. It is not a medical device, it is not intended for diagnosis or treatment, and it must not be relied on to display clinical images or data for any clinical decision. Screen contents are compressed for transmission, which can lose detail.

Where you use Nelkira on systems holding patient data or other regulated information, you remain the party responsible under the law that applies to you — including for deciding whether remote access is permitted at all, for obtaining any consent required, and for keeping the records your regulator expects. We have written what we can honestly say about our security posture in the Security Statement, and it is deliberately free of claims we cannot evidence.

8. Price and payment

Personal use of Nelkira is free. “Personal use” means using Nelkira for yourself — on your own devices, or to help family and friends — and not on behalf of a business or other organisation, or to provide a service you are paid for. At present every other kind of use is free as well.

Nelkira Technology Ltd. reserves the right to change its pricing policy, including by introducing charges, changing prices, and changing which features or levels of use each plan includes. The plan described on the Pricing page is our current intention, not a fixed term of this agreement.

If we change the pricing policy, the change will be published on the Pricing page before it takes effect, and the terms of any paid plan will be set out before you are asked to pay. We will not start charging for something you are already using without telling you at least 30 days beforehand. Any charges are exclusive of taxes unless stated, and you are responsible for taxes that apply where you are.

9. The relay service we operate

A relay we operate is provided as it stands and as it is available. We do not promise it will be uninterrupted. We may take it down for maintenance, and we will try to do that at quiet times and to say so in advance where the work is planned. We may suspend or refuse service to a machine or an account that is breaking the Acceptable Use Policy, and we may do so immediately where the breach is serious, such as software being used to defraud someone.

10. Intellectual property

Nelkira, this website and their contents belong to us or our licensors, except for the third-party components listed in the Open Source Notices, which belong to their authors and are licensed to you under their own terms. Nothing here transfers ownership of anything. You keep everything of yours.

11. Warranties, and what we do not warrant

We provide Nelkira with reasonable skill and care. Beyond that, and to the extent the law allows, the software and the relay are provided without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement.

In particular we do not warrant that the software is free of defects, that a session will always be available, or that it will work over any given network. Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

12. Limits on liability

Subject to the sentence above, and to the extent the law allows:

  • neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill, data or anticipated savings;
  • our total liability arising out of this agreement in any twelve-month period is limited to the greater of the amount you paid us for Nelkira in that period, or US$100.

We are not liable for what someone does with a machine you gave them access to. That is the nature of remote access software, and it is why section 6 asks what it asks.

13. Ending the agreement

You may stop using Nelkira at any time, and uninstalling it ends this agreement. We may end it if you materially breach these terms and do not put the breach right within 14 days of being asked, or immediately where the breach is one that cannot be put right. Sections that by their nature should survive — intellectual property, liability, governing law — survive.

14. Changes to these terms

We may change these terms. Where a change materially affects you we will give at least 30 days’ notice by a notice on this website or by email where we have your address, and will say plainly what changed. Continuing to use Nelkira afterwards means you accept the change; if you do not, stop using it before the change takes effect.

15. Export, sanctions and encryption

Nelkira contains strong encryption. Some countries restrict the import, use or export of encryption software, and a few restrict remote access tools. You are responsible for complying with the rules that apply where you are and where the machines you connect to are. You confirm you are not subject to sanctions that would make supplying you unlawful, and that you will not supply Nelkira to anyone who is.

16. Law and disputes

This agreement is governed by the law of Bangladesh, and disputes are subject to the exclusive jurisdiction of the courts of Dhaka, Bangladesh. If you are a consumer in a country whose law gives you rights that cannot be taken away by contract, nothing here takes them away.

17. Everything else

If any part of these terms is unenforceable, the rest stands. A delay in enforcing something is not a waiver of it. You may not transfer this agreement without our consent; we may transfer it to a company that acquires our business, on notice to you. These terms, with the documents they refer to, are the whole agreement between us about Nelkira.

18. Contact

Nelkira Technology Ltd., [REGISTERED OFFICE ADDRESS], Dhaka, Bangladesh. Email legal@nelkira.com.