End User Licence Agreement (EULA)

1. Licence granted

Dukiwi SA grants you a personal, non-exclusive, non-transferable and revocable licence to install and use the DukiwiLink apps, for your own needs or those of your organization, in line with this EULA and the terms of use. The software is licensed, not sold: Dukiwi SA remains its sole owner.

The Free plan may be used for private as well as professional or commercial purposes, for example to help your customers, within the limits of the plan (number of concurrent sessions) and of this EULA. Paid plans give higher limits, not different usage rights.

2. Prohibited uses

You may not:

• use the apps for illegal or fraudulent purposes or against the rights of others, in particular to access a computer without its owner’s or user’s permission, to monitor someone without their knowledge, to commit fraud (fake tech support, for example), to steal data or to spread malware;
• resell, rent, lend, sublicense, distribute or make the apps or access to the service available to third parties for payment, or include them in a commercial offer, without Dukiwi SA’s written consent;
• copy, modify, decompile, disassemble or try to obtain the apps’ source code, except as mandatory law allows;
• bypass or disable the protections, the limits (session length, number of sessions, plans) or the licence and update mechanisms;
• remove or alter the ownership notices, brand, logos or digital signature of the apps.

3. Abuse and restricted access

To protect the people being helped, the service and its reputation, Dukiwi SA may, when abuse is established or seriously suspected, and without notice when urgent:

• end sessions in progress;
• restrict, suspend or permanently block a device ID, an account, an organization or an IP address;
• refuse a new registration or a new licence;
• keep the information needed as evidence and pass it to the competent authorities where the law allows or requires it.

Abuse includes, in particular: a use prohibited by this EULA, repeated complaints from people contacted, an abnormal volume of connections, or an attempt to bypass the service’s protections. A measure taken for abuse gives no right to any refund or compensation. You can dispute a measure by writing to info@dukiwi.com.

4. Session length

A remote session lasts at most 4 hours. After that, the relay disconnects it automatically; a new session can then be opened, with a new authorization if the app asks for one. Dukiwi SA may adjust this length and the other technical limits per plan; changes are announced on link.dukiwi.com.

5. Free and beta versions

Free versions (Free plan) and beta, test or preview versions are provided “as is”, without any warranty, express or implied, including of proper operation, availability, compatibility or fitness for a particular purpose, and without support. A beta version may contain errors, change or be withdrawn at any time. You use them at your own risk.

6. Paid versions and scope of warranties

For paid plans, the scope of support and service commitments is that described in the subscribed offer and in the general terms of sale of Dukiwi SA. Otherwise, no warranty is given beyond those required by law.

Where this EULA mentions a warranty, it only describes the remedies open to you if the software does not work or works badly; it promises no particular result and creates no liability for Dukiwi SA without fault. A promise of quality or of a given feature binds Dukiwi SA only if it appears in a written document, signed by Dukiwi SA, that expressly calls it a “guarantee”. Descriptions on the website, in documents or in the apps are not guarantees.

7. Updates and checks

The apps check for updates and may install them automatically. Updates are signed by Dukiwi SA. Dukiwi SA may require a minimum version to connect to the relay, in particular to fix a security flaw.

8. Third-party components

The apps contain third-party components, in particular the OpenH264 video codec provided by Cisco and open-source libraries. Each remains under its own licence, listed on the apps’ “About” page; this EULA does not restrict the rights those licences give you.

9. Your responsibilities

You alone are responsible for how you use the apps, the computers you connect to, the permissions you obtain and the passwords you choose. A computer open to access without confirmation (Host, or Agent with a persistent connection) must be protected by a strong password: without one, it is exposed to unauthorized access. Where the law requires it, you inform the people concerned and obtain their consent, in particular before accessing an employee’s or a customer’s computer. You may not use the apps in a country, or for the benefit of a person, covered by sanctions or export restrictions applicable in Switzerland. You hold Dukiwi SA harmless against any third-party claim arising from a use contrary to this EULA.

10. Liability

To the extent permitted by Swiss law, Dukiwi SA is not liable for indirect damage, loss of profit, loss of data or damage caused by a use contrary to this EULA or by third parties. For free and beta versions, all liability is excluded, except for intent or gross negligence. For paid versions, liability is limited to the amount paid over the last twelve months.

11. End of the licence

The licence ends automatically if you do not comply with this EULA, or when Dukiwi SA blocks your access for abuse. You must then stop using the apps and uninstall them. You can end the licence at any time by uninstalling the apps.

12. Feedback and suggestions

Your ideas, comments and proposals for improvement are welcome. By sending them to us, by email, in an app or by any other means, you agree that Dukiwi SA may freely reuse them, in whole or in part, to develop its products and services, without restriction, without owing you payment or credit, and without any duty to act on them. Please do not include confidential information.

13. Personal data

Data handling is described in the privacy policy. The content of sessions is end-to-end encrypted; Dukiwi SA has no access to it. Dukiwi SA may use anonymous, aggregated technical data (versions, systems, number and length of sessions) to run, secure and improve the service.

14. Changes

Dukiwi SA may change this EULA. The current version and its date are shown on this page and in the apps; a new version may have to be accepted at the next launch. Significant changes are announced at least 30 days in advance, unless required by law or security; if you do not accept them, you can stop using the apps.

15. Final provisions

This EULA, together with the terms of use, the privacy policy and, for paid plans, the general terms of sale, forms the entire agreement between you and Dukiwi SA; other terms, such as those of a purchase order, apply only if Dukiwi SA accepts them in writing. If a clause is invalid, the others remain valid and the invalid clause is replaced by the one closest to it. Not enforcing a right does not waive it. Notices may be given by email. Dukiwi SA may transfer this EULA to a company that takes over the service.

16. Governing law and jurisdiction

This EULA is governed by Swiss law. Any dispute falls under the exclusive jurisdiction of the courts of Fribourg, Switzerland, subject to mandatory places of jurisdiction provided by law. The French version prevails in case of doubt.