PureCipher Terms of Use
By using the PureCipher Apps and/or APIs (downloading or browser based),
these terms will automatically apply to you, the User, you should make
sure therefore that you read them carefully before using the app.
- You are not allowed to copy or modify PureCipher App or our Trademark in
any way. - You are not allowed to attempt to extract the source code of PureCipher
Apps and/or APIs. - You are not allowed to translate PureCipher Apps and/or APIs into other
languages, or make derivative versions, without the express written
consent of PureCipher Inc.
The PureCipher Apps and/or APIs, and all the trademarks, copyright,
database rights and other intellectual property rights related to them,
belong to PureCipher Inc.
PureCipher is committed to ensuring that PureCipher Apps and/or APIs are
as useful and efficient as possible. For that reason, we reserve the right
to make changes to the apps or to charge for their services, at any time
and for any reason. We will never charge you for the apps or services
without making clear exactly what you will be paying for.
It is important to note that there are certain things that PureCipher will
not take responsibility for. For example, the Apps will require an active
internet connection. The connection can be Wi-Fi, or provided by your
mobile network provider, but PureCipher cannot take responsibility for the
Apps not working at full functionality if you don’t have access to Wi-Fi,
and you don’t have any of your data allowance left.
Contact Us
If you have any questions or suggestions about our Terms of Use, do not
hesitate to contact us at
[email protected].
PURECIPHER END-USER LICENSE AGREEMENT
The Terms of Use legally creates a binding agreement between you, as the
User, and PureCipher as the App provider. Please read all terms and
service scope carefully. By continuing you agree with our terms as set out
under this End-user License Agreement and Privacy Policy.
1. TERMS OF USE
- PureCipher Inc. is pleased to provide you, the user, with its branded
application – currently: PureCipher and other future products and
services, collectively PureCipher Apps and/or APIs and/or Services,
and any and all related documentation to be accessible at
purecipher.com from both web browsers and mobile devices. - You, the User, hereby agree to be bound by the Terms of Use any time you
use or access PureCipher Apps and/or APIs. Your use of the Services is
subject to your acceptance and compliance with these Terms: to access
(may include install and download), copy, in-app purchase or otherwise
benefit from using the functionality of PureCipher Apps and/or APIs.
Please read this End-User License Agreement carefully before accessing
or using PureCipher Apps and/or APIs, for this Agreement governs your
use of the PureCipher Apps and/or APIs and how we provide the Apps. If
you do not agree with these Terms, do not use or access the Apps. Each
time you use or access the Apps, the current version of these Terms
shall apply. This Agreement also includes potential payment terms,
in-app purchase options, and other requirements set forth on the
download or purchase page through which you purchase or download the
PureCipher Apps and/or APIs. - Your use or access of the Services is also subject to the Privacy
Policy, that is hereby available here and incorporated into these Terms
by reference. Additionally, you agree to abide by our rules, policies,
and procedures we may publish on the Apps from time to time. We reserve
the right at any time and without notice to change these Terms. Without
prejudice to any rights implied by law or under the provisions of this
Agreement, you also acknowledge that in-app message which notifies you
such changes when you open up, use, or access the PureCipher Apps and/or
APIs shall constitute reasonable notification means. For the avoidance
of doubt, your continued use of the PureCipher App after we post
amendments or apply changes to this Agreement shall signify your
acceptance of such amendments and/or changes. If you do not agree with
any amendment, you must discontinue using the PureCipher App. - Notice To User: This Is A Legally Binding Agreement. If You Do Not
understand This Agreement or Do Not Agree To Be Bound By It or The
Privacy Policy Referenced Herein, You Must Immediately STOP Using Or
Accessing the PureCipher App. Depending On The Laws Of The Jurisdiction
Where You Live, You May Have Certain Rights That Cannot Be Waived
Through This Agreement And That Are In Addition To The Terms Of This
Agreement And Certain Provisions Of This Agreement Might Be
Unenforceable As To You. To The Extent That Any Terms Of This Agreement
Is Unenforceable, The Remainder Of The Agreement Shall Remain In Full
Force And Effect. You Hereby Confirm That You Are At Least 17 Years Old,
Or If You Are Under 17 Years of Age, That You Are Using The App Only
With The Approval Of Your Parent Or Legal Guardian, If Required By The
Laws of The Jurisdiction Where You Live, That You Are Legally Able To
Enter Into This Agreement, And That You Have Completely Read, Understood
And Agree To Be Bound By This Agreement. - Notice To Parents And Legal Guardians: By Granting Your Child Approval
To Use, Access, In-App Purchase PureCipher Apps and/or APIs, You Hereby
Agree To The Terms Of This Agreement On Behalf Of Your Child. You Are
Responsible For Exercising Supervision Over Your Child’s Any Online And
Off-Line Activities. If You Do Not Agree To This Agreement, Please Do
Not Let Your Child Use The PureCipher Apps and/or APIs. If You Are The
Parent Or Legal Guardian Of A Child Under 17 And Believe That He Or She
Is Using The App Without Your Prior Approval, Please Contact Us At
[email protected].
2. PARTIES
- This Agreement is concluded between PureCipher Inc. and you, the User,
who will access the PureCipher App from your browser and/or mobile
devices. - By accessing and using the PureCipher App, you agree, undertake and
represent that you have read all the Terms herein, understood all the
contents and approved all provisions.
3. PURECIPHER CONTACT INFORMATION
Company Name: PureCipher Inc.
Email:
[email protected]
4. GRANT OF LICENSE
- Subject to your compliance with the Terms of the Agreement, PureCipher
grants you a limited, non-exclusive, revocable, non-sub licensable,
non-transferable license to access and use the most current generally
available version of PureCipher Apps and/or APIs solely for your lawful,
personal, as an end-user, and non-commercial use. - For the avoidance of doubt, PureCipher Apps and/or APIs are protected by
copyright laws and international copyright treaties, as well as other
intellectual laws and treaties. PureCipher is the exclusive owner of any
software, design, source code, target code, directory, image, or content
available of any PureCipher Apps and/or APIs, including but not limited
to the PureCipher App. PureCipher reserves all rights not expressly
granted to the User as per the provisions of Article 11, hereunder.
PureCipher retains the ownership of the copyright in and to the
PureCipher Apps and/or APIs. The User cannot duplicate, copy,
distribute, or process the advertisements, images and texts, visual and
audio images, files, databases, catalogs and lists available on
PureCipher Apps and/or APIs nor rent, lease or lend the PureCipher Apps
and/or APIs to anyone and permanently transfer all of his/her rights
under this Agreement. PureCipher Holds no responsibility for the results
of using the PureCipher Apps and/or APIs acquired illegally or through
an unauthorized distributor.
5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
- Restricted Use: While using any PureCipher Apps and/or APIs, starting
with the PureCipher App, You, the User, declare and undertake not to
engage in actions that are contrary to the law and morality or that may
damage the opportunity to benefit from the Services including but not
limited to the items exemplified below. PureCipher shall not assume any
responsibility and/or indemnification liability for damages arising from
any breach of this article. In the event that you act in breach of this
article, PureCipher shall reserve the right to terminate this Agreement
pursuant to Article 14, to block the your access to PureCipher Apps
and/or APIs either for a certain period of time or indefinitely.
Furthermore, PureCipher reserves the right to resort to civil law and
criminal law remedies. - You shall not rent, sell, lease, sublicense, distribute, assign, copy
(other than a single copy for your own backup purposes) or in any way
transfer or grant any rights to the PureCipher Apps and/or APIs or use
PureCipher Apps and/or APIs for the benefit of any third party. Unless
expressly authorized by PureCipher, You are prohibited from making the
PureCipher Apps and/or APIs available over a network where they could be
downloaded or used by multiple users. You agree that you shall not use
any robot, spider, other automatic or manual device or process to
interfere or attempt to interfere with the proper working of the
PureCipher Apps and/or APIs, except to uninstall or remove the
PureCipher Apps and/or APIs from a mobile device which you own or
control. You shall not deliver unlawful information and/or share harmful
data such as chain mail, malware, and viruses. You shall not violate or
attempt to violate the security of Services except as and only to the
extent permitted in this Agreement and by applicable law. You shall not
engage in behaviors and activities that will adversely affect/obstruct
or manipulate the operation of PureCipher Apps and/or APIs, disable
security systems, make the PureCipher Apps and/or APIs unusable, or make
an attempt in this manner by preparing automatic programs. - You cannot copy, adapt, translate, decompile, reverse engineer,
disassemble, modify, recode, or create derivative works of the
PureCipher Apps and/or APIs or advertise the PureCipher Apps and/or APIs
in any form. You shall not access, create or modify the source code of
any PureCipher Apps and/or APIs in any way. You are prohibited to and
shall not create derivative works of any the PureCipher Apps and/or APIs
or any portions thereof. All modifications or enhancements to the
PureCipher Apps and/or APIs remain the sole property of PureCipher. You
agree to NOT undertake or engage in any act to find, obtain, or copy the
source code of PureCipher Apps and/or APIs, NOT in any way to try and
synchronize PureCipher Apps and/or APIs with other software or hardware,
NOT violate the security of any computer network, or hack security
passwords and codes, NOT attempt to deliver SPAM mail or upload malware,
Agree, declare and undertake to assume the liability for any damages
PureCipher and third partied encountered from your actions or
activities. - PureCipher may restrict or terminate the access to PureCipher Apps
and/or APIs at any time and without giving any further notice in case
the operating security of the network is at risk, in order to ensure the
continuity of access to the network, to prevent malfunctions that may
occur in network, software, or uploaded files, to prevent or reduce the
adverse effects of possible disruptions and in other cases deemed
necessary. - PureCipher reserves the right to add or remove features or functions to
the existing PureCipher Apps and/or APIs. When installed on a user’s
mobile device, PureCipher Apps and/or APIs periodically communicates
with our servers. PureCipher may require the updating of the PureCipher
Apps and/or APIs on your browser and/or mobile device when PureCipher
releases a new version of the App, or when PureCipher makes new features
available. This update may occur automatically or upon prior notice to
you and may occur all at once or over multiple sessions. You understand
that PureCipher may require your review and acceptance of PureCipher’s
then-current Agreement before you will be permitted to use any
subsequent versions of the PureCipher App. You acknowledge and agree
that any obligation PureCipher may have to support previous versions of
the PureCipher Apps and/or APIs may be ended upon the availability of
updates, supplements or subsequent versions of the PureCipher Apps
and/or APIs. You acknowledge and agree that PureCipher has no obligation
to make available to you any updates, supplements or subsequent versions
of the PureCipher Apps and/or APIs. Please be aware that such updates
may be necessary in order for you to use, access, download, or use
content. By agreeing to these Terms, using the Apps either through
browser or the various App Stores, you agree to receive such updates
automatically. If it is determined, however, that the update will fix a
critical security vulnerability related to the content, the update may
be completed irrespective of your update settings. - You must provide at your expense the equipment, internet connections,
devices, and service plans to access and use the PureCipher Apps and/or
APIs. If you access the PureCipher Apps and/or APIs through a mobile
network, your network or roaming provider’s messaging, data, and other
rates and fees may apply. You are solely responsible for any costs you
incur to access the PureCipher App from you device. Downloading,
installing or using certain PureCipher Apps and/or APIs may be
prohibited or restricted by your network provider and not all the
PureCipher Apps and/or APIs may work with your network provider or
device. PureCipher makes no representation that the PureCipher Apps
and/or APIs can be accessed on all devices or wireless service plans.
PureCipher makes no representation that the PureCipher Apps and/or APIs
are available in all languages or that the PureCipher Apps and/or APIs
are appropriate or available for use in any particular location. Please
also be aware that you must keep your account details secure and must
not share them with anyone else. - Purchase and Cancellation Rights: Certain PureCipher Apps and/or APIs
e.g. PureCipher may allow you to make in-app purchases. Payment for
such purchases may be processed by third parties who act on behalf of
PureCipher or directly by the mobile platform owner. In some countries
there are specific time periods to cancel online purchases after
purchasing them provided by law (European Union residents etc). For
these countries, consumers may have a right to cancel the purchase
within a specific number of days after purchasing products/services
online provided by law. Therefore, your right to cancel in-app purchases
will rely on the country you reside in. Since some payment processes of
certain purchases on PureCipher Apps and/or APIs may be conducted by the
mobile platform owner, failure to follow certain local laws regulating
the right to cancel will be subject to mobile platform owners’ terms.
Please also review the mobile platform owner’s terms in this regard
before purchase. You can find further information on canceling orders
and any associated refunds on the website of the third-party re-seller.
Where you purchase from PureCipher directly: please note and acknowledge
that if you are a resident of the European Union and access or download
the PureCipher Apps and/or APIs from PureCipher directly, you agree to
waive your cancellation and refund rights once the relevant purchase is
made. Please note that if you are not a resident of the European Union
and if your local laws do not regulate mandatory laws otherwise, you
have no right to cancel purchases you made from PureCipher directly.
This means that you will not be able to cancel your order or obtain a
refund once account creation, or download and delivery of the app is
complete. This will also apply to subscriptions and in-app purchases. In
this regard, please also take into consideration the provisions of
Article 13 of the Agreement. - Defective Content: Once the PureCipher Apps and/or APIs are available to
you through your account, you successfully registered, or created an
account on the browser based App, or downloaded the App, you are
required to check the content as soon as reasonably possible to ensure
that the PureCipher Apps and/or APIs function and perform as stated and
notify us as soon as reasonably possible provided that you find any
errors or defect. - Without prejudice to any other rights, PureCipher may terminate this
Agreement if you fail to comply with the terms of this Agreement and
other documents, referred to herein. In such an event, the User must
uninstall, remove, or stop accessing the PureCipher Apps and/or APIs. In
this regard, please also take into consideration the provisions of
Article 14 of the Agreement.
6. THIRD-PARTY PARTNERS
- The PureCipher Apps and/or APIs allow you to enjoy various features,
functionalities, and other Services, which may change from time to time.
The PureCipher Apps and/or APIs functions are provided by the PureCipher
and third-party suppliers who may offer content and/or services in
conjunction with or through the PureCipher Apps and/or APIs. - Third-Party Services and Content: The PureCipher Apps and/or APIs may
integrate, be integrated into, bundled, or be provided in connection
with third-party services, advertising, feeds, and/or content. If you
are installing a PureCipher App that includes third party services and
third-party content, such services and content are subject to such third
party’s terms of services and privacy policies, which might be found on
the relevant Third-Party Partners’ websites. PureCipher has no control
over such websites and resources, and you acknowledge and agree that
PureCipher shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in
connection with use of reliance on any such content, goods or services
available on or through any such website or resource. Furthermore,
PureCipher shall not be a party to or in any way be responsible for
monitoring any transaction between you and the Third-Party Partners. - Access to the Third Party Services and Content via the PureCipher Apps
and/or APIs: All services, advertising, feeds, and content, including
without limitation, all data, links, articles, graphic, or video
messages, and all information, text, software, music, sound, graphics or
other materials made available or accessible via the PureCipher Apps
and/or APIs, whether publicly available or privately transmitted, is the
sole responsibility of the entity or person from whom it originated.
You, as the User, hereby acknowledge and agree that by using the
PureCipher Apps and/or APIs you may be exposed to Content that may be
offensive, indecent, or objectionable in your community. You agree to
accept all risks associated with the use of any Content, including any
reliance on the accuracy or completeness of such Content. Under no
circumstances will PureCipher be liable in any way for any Content
created by or originating with entities other than PureCipher, including
but not limited to, any errors or omissions in any such Content, or for
loss or damage of any kind incurred as a consequence of the
transmission, sharing or posting of such Content by means of PureCipher
App.
7. SECURITY
- The PureCipher Apps and/or APIs, like other user technologies in the
relevant market, may not be 100% secure. By accepting this Agreement,
you acknowledge and accept that the PureCipher Apps and/or APIs and any
information you access, download, or offer to share by means of an
PureCipher App, may be exposed to unauthorized access, interception,
corruption, damage, or misuse, and cannot be regarded as 100% secure. - You accept all responsibility for such security risks and any damage
resulting therefrom. Further, you are solely responsible for securing
your devices including mobile devices from unauthorized access or
cyberattacks, including by such means as using complex password
protection and/or multi-factor authentication when available. You agree
that PureCipher shall not be liable for any unauthorized access to your
device or the app data thereon. - In regard to malware protection, if PureCipher Apps and/or APIs is
downloaded from Apple App Store, you may receive information regarding
your device’s network connections, potentially harmful URLs, the
operating system, and apps installed on your device through Apple App
Store or from other sources in order to protect you against malicious
third-party software, URLs and other security issues. Besides, Apple may
warn you if it considers an app or URL to be unsafe, or Apple App Store
may remove or block its installation on your device if it is known to be
harmful to devices, data or Users. You may choose to disable some of
these protections in the settings on your device, nevertheless, Apple
App Store may continue to receive information about installed Apps
through the Apple App Store, and apps installed on your device from
other sources may continue to be analyzed for security issues without
sending information to Apple App Store.
8. REGISTRATION AND PASSWORDS
- Registration: Some of the PureCipher Apps and/or APIs may require you to
create an account to participate and access the app e.g. PureCipher. If
such Registration is required, it will be made known to you when you
attempt to participate or access such app. Any registration required by
Third- Party Partners is not governed by this Agreement and you should
refer to the relevant Third-Party Partners’ website for their policies. - Passwords: You are the sole and exclusive guardian of any password and
ID combination issued or chosen by you. Maintaining the confidentiality
and security of your password(s) and ID(s) is solely your
responsibility. You are fully responsible for all transactions
undertaken by means of any account opened, held, accessed, or used via
your password and ID. You shall notify us immediately and confirm in
writing any unauthorized use of accounts or any breach of security,
including without limitation any loss, theft, leak, or unauthorized use
of your password(s), and/or ID(s) or any related account. If we have
reasonable grounds to suspect that the security of your password and/or
ID has been compromised, we may suspend or terminate your account,
refuse any and all current or future use of the services, and pursue any
appropriate legal remedies. PureCipher is not responsible for any loss
incurred in connection with any misuse of any password or ID. - Provided Information: If you provide any information in connection with
a Registration, you are required to provide or maintain accurate,
complete, and current information. If we have reasonable grounds to
suspect that your information is inaccurate, not current, or not
complete, we may suspend or terminate your use of the PureCipher App and
pursue any appropriate legal remedies. You agree that PureCipher has the
right to use the information you provide for the purposes described in
this Agreement and in furtherance of your use of the PureCipher Apps
and/or APIs and/or our services, as per the Privacy Policy incorporated
hereunder.
9. UNINSTALL AND REMOVAL OF THE PURECIPHER APPS AND/OR APIS
Uninstallation and removal procedures vary depending on your device. To
uninstall and remove any PureCipher Apps and/or APIs, please use the
application manager provided with your device or consult your device
manual for further reference.
10. CONSENT TO USE OF DATA AND USER REVIEWS
- You agree that PureCipher may collect and use technical data and related
information, including but not limited to technical information about
your device, system, application software and peripherals, that is
gathered periodically to facilitate the provision of software updates,
product support and other services to you (if any) related to the
PureCipher Apps and/or APIs. We may use this information as per the
Privacy Policy incorporated herein. - If you choose to provide app store reviews or reviews via any social
media channel or other similar communication or messaging features or
services, such information may be made publicly available, including the
public-facing username as it appears with the review. If you prefer that
we do not use your information for promotional purposes, you will be
able to elect for us not to do so by submitting your request to
[email protected] (please also indicate your name, mailing
address and email address). For security purposes, please do not include
any password, social security number, national ID number, payment card
or other sensitive information via these features. We have the right,
but not the obligation, to monitor messages and communications between
and among Users for security and training purposes. We may, but are not
obligated to, remove any content we deem inappropriate. - If you download the PureCipher Apps and/or APIs through Apple App Store,
please be aware that posting reviews on Apple App Store shall be
subjected to Apple App Store relevant policies.
11. INTELLECTUAL PROPERTY RIGHTS
- PureCipher is the sole proprietor of products and/or Services, projects,
documents used for the PureCipher Apps and/or APIs, in connection with
the Services and visuals, texts, bulletins, slogans, videos, designs and
know-how and any business data, illustrations, database, system flow
data, logo, emblem and data, ideas or the PureCipher trademarks and
trade dressing, flows, source codes, researches, codes, methods,
statistical figures, financial, moral rights, and all other intellectual
property rights during preparations for the Agreement and during its
term for the supply of the Services. Accordingly, you agree and
represent that you will not commit any reverse engineering or attempt to
find or acquire the source code of the PureCipher Apps and/or APIs nor
will you violate the security of any network or decrypt/crack security
encryption codes; you will not send SPAM mails or load malicious
software; that otherwise you will be liable for all losses that
PureCipher and third parties may sustain. - For the avoidance of doubt, intellectual property rights means,
collectively, rights under patent, trademark, copyright and trade secret
laws and any other intellectual property or proprietary rights
recognized in any country or jurisdiction worldwide, including, without
limitation, moral or similar rights. You may not delete, alter or remove
any copyright, trademark or other proprietary rights notice PureCipher
or Third-Party Partners have placed on or within the PureCipher Apps
and/or APIs. All rights not expressly granted hereunder are expressly
reserved for PureCipher. Nothing contained herein should be construed as
granting, by implication, estoppel or otherwise, any license or right to
use any of our trade names, trademarks, or service marks without our
express prior written consent. - Unless otherwise agreed to between PureCipher and you regarding any
intellectual property rights arising from any Service prepared and
provided to you by PureCipher, PureCipher shall grant the right to you
for use of the related Services which shall be worldwide, during the
time period when this agreement is in effect, and non-exclusive. In any
case, PureCipher has the right to determine the ownership of the
aforementioned intellectual property rights and its usage. However, if
PureCipher suggests different conditions other than the provisions in
this clause of this Agreement, PureCipher will notify you before the
Service is used or before the commencement of the operations for the
Service. - You are solely responsible for any content that you contribute, submit,
display, or for any adaptations of works made on or through the use of
the PureCipher Apps and/or APIs. It is your obligation to ensure such
content, including but not limited to photos, texts, documents, videos,
audios, and music files, do not violate any copyright or other
intellectual property rights. - PureCipher respects and expects its Users to respect the rights of
copyright holders. On notice, PureCipher will act appropriately to
remove content that infringes the copyright rights of others. PureCipher
reserves the right to disable access to the PureCipher Apps and/or APIs
or other services by anyone who uses them to repeatedly infringe the
intellectual property rights of others. - PureCipher also acts to remove objectionable content. The decision to
remove objectionable content shall be made at PureCipher’s sole
discretion. Objectionable content includes, but is not limited to:
content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory or libelous; content that is hateful or advocates
the hate crimes, hate speech and all types of discrimination, harm or
violence against a person, group, or minority; content that may harm
minors in any way; content that has the aim or effect of stalking or
otherwise harassing or bullying another; private information regarding
any individual such as phone numbers, addresses, national ID numbers,
Social Security numbers or any other information that is invasive of
another’s privacy; content that is vulgar, offensive, discriminative,
obscene or pornographic, unsolicited, or unauthorized advertising,
promotional materials, junk mail, SPAM, chain letters, pyramid schemes
or any other form of solicitation; material that contains software
viruses or any kind of malicious software or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer, mobile device software or hardware, or
telecommunications equipment. - PureCipher does not and cannot pre-screen or monitor all content.
Nevertheless, our artificial intelligence system may monitor content
submission through the PureCipher Apps and/or APIs and will flag
questionable contents for human inspection, and you, the user, hereby
provide irrevocable consent to such monitoring. You acknowledge and
agree to the monitoring by AI to your content submission and that it is
possible human will see your content and you would lose the privacy
concerning the submission of any content. PureCipher has the right, but
not the obligation, in its sole discretion to edit, modify, and refuse
to post or remove any content. - Unless otherwise set forth at the point of submission, you retain
ownership of all rights in any content that you submit, through your use
of the PureCipher Apps and/or APIs. Nevertheless, you grant us
permission to use such content in any way we see fit, for example for
the purposes of promotion of the PureCipher Apps and/or APIs. If you
send submissions, such as creative suggestions, ideas, notes, drawings,
or other information, to PureCipher, such submissions shall be deemed
and shall remain the property of PureCipher. None of such submissions
shall be subject to any obligation of confidence on the part of
PureCipher and PureCipher shall not be liable for any use or disclosure
of any submissions. Without limitation of the foregoing, PureCipher
shall exclusively own all now known or hereafter existing rights to such
submissions of every kind and nature throughout the universe and shall
be entitled to unrestricted use of such submissions for any purpose
whatsoever, without compensation to the content provider of such
submissions. For the avoidance of doubt, you hereby assign to PureCipher
all rights, title and interest in and to such submissions and hereby
waive any moral rights relating to such submissions in favor of
PureCipher and its assignees, licensees, and designees. Under law
systems which do not let the waiver of such moral rights, you hereby
acknowledge, declare and undertake that; with this Agreement, you grant
PureCipher the authorization to use moral rights and authorization to
authorize third parties to use such moral rights, indefinitely (in a way
that it will continue even after the termination of this Agreement),
unlimited in number and subject, globally (internationally) applicable
without any geographical limitations, transferable, sublicensable,
irrevocably, free of charge, exclusively, and unconditionally in favor
of PureCipher and its assignees, licensees and designees.
12. RIGHTS INFRINGEMENTS
PureCipher emphasizes confidentiality, intellectual property rights
including copyrights and personal data; takes precautions to be
transparent about them. While using PureCipher Apps and/or APIs, you
commit and agree to use PureCipher Apps and/or APIs following the
principles in this Terms of Use provided to you by PureCipher. You will
only upload materials you produce or are authorized to use to PureCipher
Apps and/or APIs. You declare and agree to not infringe any rights of
other users under this Terms of Use.
13. IN-APP PURCHASE AND PAYMENT
- The PureCipher Apps and/or APIs may offer certain features and/or
certain limits to you as a paid feature through in-app purchase. If you
would like to use such paid features under this Agreement, you will
first make a payment before accessing the paid feature. - Depending on the subscription model you signs up for, the in-app
purchase features maybe offered on an annual, semi-annual, quarterly,
monthly, weekly, or volume based basis and will be re-billed based on
auto-renewable subscription model, until canceled by you. If downloaded
from the Apple App Store, Apple will send an email well in advance of
renewal. If accessed from web based browsers, the PureCipher App will
send an email regarding the renewal. App Payments will be processed
through a 3rd party payment processor such as the Apple App Store from
which you may have originally downloaded the application, if downloading
the app. You acknowledge and agree that you, the User, are fully
responsible for managing your in-app purchases and the amount you spend
on in-app purchase within the PureCipher Apps and/or APIs. - Depending on your location and jurisdiction, if you are under 17 then
you may be legally required to have your parents’ or legal guardians’
permission to make any in-app purchases. By completing an in-app
purchase, you are confirming that you have any and all permission that
may be necessary in order to allow you to make that in-app purchase. If
you are a parent or legal guardian of someone under the age of 17, we
recommend that you consider any parental control that may be provided by
the Apple App Store, provided that you are concerned that your child may
make excessive in-app purchases. - The in-app purchases are purchased from and billed by the Apple or
Google App Store, or a 3rd party payment system, not PureCipher. These
purchases are subject to the terms and conditions of the 3rd party
payment system providers. All billing and refund inquiries shall be
directed to the 3rd party payment system providers such as the Apple App
Store. PureCipher does not have access to transactions from the 3rd
party payment system providers. - If any in-app purchase resulted in app not functioning properly e.g.,
not downloading properly, or features not working either in the
downloaded app or the browser based app, PureCipher will, after becoming
aware of the defect or being notified of the problem by you, investigate
the reason for the problem or defect. PureCipher will act reasonably in
deciding whether to provide you with a replacement in-app purchase or
issue you with a patch to repair the defect. In no event will we charge
you to replace or repair defects or problems experienced from the in-app
purchase. In the unlikely event that we are unable to replace or repair
the relevant in-app purchase or are unable to do so within a reasonable
period of time and without significant inconvenience to you, we will
authorize the 3rd party payment system to refund you an amount up to the
cost of the relevant in-app purchase. Alternatively, if you wish to
request a refund, you may do so by contacting the 3rd party payment
system directly.
14. TERM AND TERMINATION
- This Agreement shall become effective on the date it is accepted and
approved by you for accessing or using PureCipher Apps and/or APIs, and
shall remain legally binding between you and PureCipher as long as you
continue to use PureCipher Apps and/or APIs. - PureCipher may unilaterally terminate this Agreement without obligation
of compensation or further notice to you should you act in breach of
this Agreement. You are considered to be in breach of this agreement
should the following occurs: if you manipulate the operation of the
PureCipher Apps and/or APIs away from their intended purposes and
without PureCipher’s prior written consent; if you commit any act that
violates third party rights; if you upload, share, or post any unlawful
data, contents, visuals, texts, or articles using the PureCipher App. - You agree that PureCipher will not be liable to you or any third-party
for any termination or disabling of the PureCipher Apps and/or APIs.
Upon termination of this Agreement, you will promptly cease access and
use of the PureCipher Apps and/or APIs, uninstall, remove, and destroy
all copies of the PureCipher Apps and/or APIs in your possession or
control. Termination shall not limit any of PureCipher’s other rights or
remedies.
15. INDEMNIFICATION
- You agree to indemnify and hold harmless PureCipher, its affiliates,
PureCipher’s and its affiliates officers, directors, licensors,
partners, shareholders, licensees, contractors, agents, attorneys,
employees, and third party service providers from any and all claims,
liabilities, costs and expenses, including reasonable attorneys’ fees
that actually or allegedly resulted from your information, use of the
Services or your breach of this Agreement. - You agree to be solely responsible for defending any Claim against or
suffered by any Indemnitee, subject to the relevant Indemnitee’s right
to participate with counsel of his/her/its own choosing and for payment
of damages or losses resulting from all claims against any Indemnitee
provided that you will not agree to any settlement that imposes any
obligation or liability on any Indemnitee without PureCipher’s prior
express written consent.
16. WARRANTY DISCLAIMER
- Subject to applicable law, PureCipher, on behalf of itself, and its
affiliates, officers, directors, employees, licensors, distributors,
vendors, agents, and suppliers, expressly disclaims any and all
warranties of any kind, whether express or implied, including but not
limited to the implied warranties of merchantability, non-infringement,
and any other warranty arising from the relevant legislation. - Without limitation, PureCipher makes no warranty that the PureCipher
Apps and/or APIs will meet your requirements, that the Apps will be
uninterrupted, timely, secure, or error-free, that the results obtained
from the use of the PureCipher products will be accurate or reliable or
that the quality of the PureCipher Apps and/or APIs will meet your
expectations. PureCipher assumes no liability or responsibility for any
property damage of any nature whatsoever, resulting from your access to
and use of the PureCipher Apps and/or APIs; any unauthorized access to
or use of our secure cloud account, any and all personal information,
and/or financial information stored therein; any interruption or
cessation of transmission to or from the PureCipher Apps and/or APIs or
servers; any bugs, viruses, Trojan horses or the like which may be
transmitted to or through the PureCipher Apps and/or APIs by any third
party; or any errors or omissions in any content or for any loss or
damage of any kind incurred as a consequence of the use of any content
posted, e-mailed, transmitted or otherwise made available via the
PureCipher Apps and/or APIs. - The entire risk arising out of use or performance of the PureCipher Apps
and/or APIs remains solely yours, the User. PureCipher expressly
disclaims all warranties relating to products and/or Services provided
by Third Party Partners. This warranty disclaimer constitutes an
essential part of this agreement.
17. LIMITATION OF LIABILITY
- To the extent permitted by applicable laws, you, the User, expressly
understand and agree that PureCipher shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses, resulting from: (i) the use or the
inability to use the PureCipher Apps and/or APIs; (ii) unauthorized
access to or alteration of your transmission or data; (iii) statements
or conduct of any third party or (iv) any other matter relating to
PureCipher. - In no event shall PureCipher’s total liability to you for all damages,
losses and causes of action (whether in contract, tort or otherwise)
exceed the amount paid by you for accessing the PureCipher App. The
foregoing limitations will apply even if the above stated remedy fails
in its essential purpose.
18. FORCE MAJEURE EVENT AND APPLICABLE LAW
- In all circumstances that constitute a force majeure event in legal
terms, PureCipher shall not be held liable for its failure to perform
its obligations hereunder or to perform them late or incomplete herein.
Such failure shall not be considered a default, incomplete, or faulty
performance and no claim of compensation shall be made against
PureCipher. - The term “force majeure events” herein refers to any event that is
beyond the reasonable control of the affected party and that cannot be
avoided despite the reasonable care and diligence shown by PureCipher,
including but not limited to God’s acts, riots, insurgencies, turmoil,
war, communication interruptions, infrastructural and internet network
failures, power failures, mobilization, strikes, fire, explosion,
terrorism, cyberattacks, long-term and far-reaching power outage,
internet outage, computer viruses, and legislative amendments and
adverse weather conditions. - You will not be able to accrue default interest or claim indemnification
against PureCipher under any circumstance whatsoever for the delayed,
incomplete, or non-performance of any of the provisions in this
Agreement due to force majeure events.
19. ENTIRE AGREEMENT AND SEVERABILITY
- These Terms constitute the entire agreement between you, as the User,
and PureCipher relating to the use of the PureCipher Apps and/or APIs
and Services and supersedes all prior or contemporaneous understandings
regarding such subject matter. - No amendment to or modification of this Agreement will be binding unless
in writing and signed by PureCipher. The failure of either party to
enforce any rights granted hereunder or take action against the other
party in the event of any breach herein shall not be deemed a waiver by
that party as to subsequent enforcement of rights or subsequent actions
in the event of future breaches. - Any translation of this Agreement is done for local requirements and in
the event of a dispute between English and any non-English versions, the
English version of this Agreement shall govern to the extent permitted
by law. - If any terms or provision of this Agreement is declared void or
unenforceable in a particular situation, by any judicial or
administrative authority, this declaration shall not affect the validity
or enforceability of the remaining terms and provisions hereof, or the
validity or enforceability of the offending term or provision in any
other situation. To the extent possible the provision will be
interpreted and enforced to the greatest extent legally permissible in
order to effectuate the original intent and if no such interpretation or
enforcement is legally permissible, shall be deemed severed from the
Terms.
20. JURISDICTIONAL ISSUES
Our Sites and Apps are controlled and operated from the United States. Our
Sites and Apps are not subject to the laws or jurisdiction of any state,
country, or territory other than that of the United States. We do not
represent or warrant that any of our Sites and Apps, products, and/or
services or any part thereof is appropriate or available for use in any
particular jurisdiction. Those who choose to access PureCipher Apps and/or
APIs such as PureCipher do so on their own initiative and at their own
risk, and are responsible for complying with all applicable laws, rules,
and regulations. We may limit the availability of our Sites and Apps, in
whole or in part, to any person, geographic area or jurisdiction we
choose, at any time and in our sole discretion.
21. CHOICE OF LAW; VENUE; STATUTE OF LIMITATIONS
Please read this carefully. It affects your rights. These Terms and your
relationship with PureCipher (past, present and in the future) are
governed by and construed in accordance with the laws of the state in
which you were billed for your purchase of the PureCipher product or
service that is subject to this Agreement, without regard to the state’s
conflict of law provisions, and except to the extent preempted by or
inconsistent with federal law. You and PureCipher agree that if any claim
or cause of action arising out of or relating in any way to the PureCipher
service or these Terms of Use has a statute of limitations in excess of
twelve months, such claim or cause of action must be filed within twelve
months after the claim or cause of action has accrued or it will be
forever barred. To the extent any claim, cause of action, or request for
relief is not subject to arbitration under Section 22 below, you and
PureCipher agree to submit to the exclusive jurisdiction of any State or
Federal court located in the County of Manhattan, New York, United States
of America, and waive any jurisdictional, venue or inconvenient forum
objections to such courts.
22. ARBITRATION AGREEMENT
Please read this carefully. It affects your rights. If you are a
PureCipher customer in the United States (including its possessions and
territories), you and PureCipher agree that any dispute, claim or
controversy arising out of or relating in any way to a PureCipher product
or service, these Terms of Use and this Arbitration Agreement, or your
relationship with PureCipher (past, present, or future) shall be
determined by binding arbitration or in small claims court. Arbitration is
more informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury, allows for more limited discovery
than in court, and is subject to very limited review by courts.
Arbitrators can award the same damages and relief that a court can award.
You agree that, by agreeing to these Terms of Use, the U.S. Federal
Arbitration Act governs the interpretation and enforcement of this
provision, and that you and PureCipher are each waiving the right to a
trial by jury or to participate in a class action. This arbitration
provision shall survive termination of this Agreement and the termination
of your PureCipher and/or SecuretImage account.
If you elect to seek arbitration or file a small claim court action, you
must first send to PureCipher, by certified mail, a written Notice of your
claim (“Notice”). The Notice to PureCipher must be addressed to: General
Counsel, PureCipher Inc., 8 The Green, Ste. 300, Dover DE 19901 (“Notice
Address”). If PureCipher initiates arbitration, it will send a written
Notice to the email address used for your account. A Notice, whether sent
by you or by PureCipher, must (a) describe the nature and basis of the
claim or dispute; (b) set forth the specific relief sought and the basis
for the calculations; (c) include your name, the email address associated
with your PureCipher account, your current phone number, mailing address,
and email address, and your signature; and (d) if you have retained an
attorney, your signed statement authorizing PureCipher to disclose your
confidential account records to your attorney if necessary, in resolving
your claim. If PureCipher and you do not reach an agreement to resolve the
claim within 60 days after the Notice is received, you or PureCipher may
(i) commence an arbitration proceeding or (ii) file a claim in small
claims court for individual disputes or claims within the scope of that
court’s jurisdiction. Either party may also invoke any applicable
arbitration rules allowing parties to elect a small claims court option
for an individual dispute. The parties agree that the notice required by
this Section is a material provision of these Terms.
You may download or copy a form Notice and a form to initiate arbitration
at www.adr.org. With the exception of “Mass Arbitrations,” as defined in
the following paragraph, all arbitrations will be governed by the Consumer
Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration
Association (“AAA”), as modified by this Agreement, and will be
administered by the AAA. The AAA Rules and Forms are available online
at www.adr.org, or by calling the AAA at 1-800-778-7879. Unless
PureCipher and you agree otherwise, any arbitration hearings will take
place virtually. In the event 25 or more demands for arbitration are filed
relating to the same or similar subject matter and sharing common issues
of law or fact, and counsel for the parties submitting the demands are the
same or coordinated, you and PureCipher agree that the demands will
constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you
and PureCipher agree that it shall not be governed by the AAA Rules or
administered by the AAA. Instead, a Mass Arbitration shall be administered
by National Arbitration & Mediation (“NAM”), a nationally recognized
arbitration provider, and governed by the NAM rules in effect when the
Mass Arbitration is filed as modified by this Agreement, including the NAM
Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules
that permit arbitration on a class-wide basis (collectively, the “NAM
Rules”). The NAM Rules are available at www.namadr.com or by calling
1-800-358-2550. You and PureCipher agree that if either party fails or
refuses to commence the Mass Arbitration before NAM, you or PureCipher may
seek an order from a court of competent jurisdiction compelling compliance
with this agreement and compelling administration of the Mass Arbitration
before NAM. Pending resolution of any such requests to a court, you and
PureCipher agree that all arbitrations comprising the Mass Arbitration
(and any obligation to pay arbitration fees) shall be stayed. You and
PureCipher acknowledge that either party’s failure to comply with this
paragraph would irreparably harm the other, and you and PureCipher agree
that a court may issue an order staying the arbitrations (and any
obligation to pay arbitration fees) until any disagreements over the
provisions of this paragraph are resolved by the court, including any
disagreements about the applicability of the Mass Arbitration process. The
arbitrator is bound by the terms of this Agreement. All issues are for the
arbitrator to decide, including issues relating to the scope and
enforceability of this arbitration agreement. Regardless of the manner in
which the arbitration is conducted, the arbitrator shall issue a reasoned
written decision sufficient to explain the essential findings and
conclusions on which the award is based. Except as expressly set forth
herein, the payment of all filing, administration, and arbitrator fees
will be governed by the rules of the applicable dispute resolution
provider (i.e., the AAA Rules or the NAM Rules). Your and PureCipher’s
right to recover attorneys’ fees, costs and arbitration fees, shall be
governed by the laws that apply to the parties’ dispute, as well as any
applicable arbitration rules.
YOU AND PURECIPHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may
award declaratory or injunctive relief only in favor of the individual
party seeking relief and only to the extent necessary to provide relief
warranted by that party’s individual claim. If any provision of this
paragraph is determined to be unenforceable with respect to any claim or
any particular remedy for a claim (such as a request for public injunctive
relief), then the parties agree that the claim or particular remedy (and
only that claim or remedy) must be decided by a court after all other
claims and requests for relief are arbitrated.
Linkedin Profile
