By using the PureCipher Apps and/or APIs (whether downloading or browser-based), these terms will automatically apply to you, the User. Therefore, you should make sure that you read them carefully before using the app.
PureCipher is committed to ensuring that the 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 PureCipher Apps will require an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, and PureCipher cannot take responsibility for the Apps not working at full functionality if you don't have access to Wi-Fi and have no data allowance left.
If you have any questions or suggestions about our Terms of Use, do not hesitate to contact us at support@purecipher.com.
PureCipher Inc. is pleased to provide you, the user, with its branded application — currently: PureCipher, along with other future products and services, collectively referred to as PureCipher Apps and/or APIs and/or Services. This includes any and all related documentation 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, which include accessing (which may involve installation and downloading), copying, making in-app purchases, or otherwise benefiting from 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, as this Agreement governs your use of the PureCipher Apps and/or APIs and outlines how we provide the Apps. If you do not agree with these Terms, do not use or access the Apps.
Your use or access of the Services is also subject to the Privacy Policy, which is incorporated into these Terms by reference. Additionally, you agree to abide by our rules, policies, and procedures that we may publish on the Apps from time to time. We reserve the right at any time and without notice to change these Terms.
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. 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.
Notice to Parents and Legal Guardians: By granting your child approval to use, access, or make in-app purchases in 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 online and offline activities. 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 techinfo@purecipher.com.
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.
Company Name: PureCipher Inc.
Email: support@purecipher.com
Subject to your compliance with the Terms of the Agreement, PureCipher grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the most current generally available version of PureCipher Apps and/or APIs solely for your lawful, personal, end-user, and non-commercial use.
PureCipher Apps and/or APIs are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. PureCipher is the exclusive owner of any software, design, source code, target code, directory, image, or content available in any PureCipher Apps and/or APIs. PureCipher reserves all rights not expressly granted to the User. 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.
Restricted Use: While using any PureCipher Apps and/or APIs, you 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. PureCipher shall not assume any responsibility for damages arising from any breach of this article and reserves the right to terminate this Agreement and block your access.
You shall not rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer or grant any rights to the PureCipher Apps and/or APIs, or use them for the benefit of any third party. You agree not to use any robot, spider, or other automatic or manual device or process to interfere with the proper working of the PureCipher Apps and/or APIs.
You cannot copy, adapt, translate, decompile, reverse engineer, disassemble, modify, recode, or create derivative works of the PureCipher Apps and/or APIs. All modifications or enhancements to the PureCipher Apps and/or APIs remain the sole property of PureCipher.
PureCipher reserves the right to add or remove features or functions to the existing PureCipher Apps and/or APIs. PureCipher may require updating the Apps on your browser and/or mobile device when a new version is released. 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.
You must provide at your expense the equipment, internet connections, devices, and service plans to access and use the PureCipher Apps and/or APIs. PureCipher makes no representation that the PureCipher Apps and/or APIs can be accessed on all devices or wireless service plans.
Purchase and Cancellation Rights: Certain PureCipher Apps and/or APIs 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. Your right to cancel in-app purchases will depend on the country in which you reside. Without prejudice to any other rights, PureCipher may terminate this Agreement if you fail to comply with the terms.
The PureCipher Apps and/or APIs allow you to enjoy various features, functionalities, and other services, which may change from time to time. The functions are provided by 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 with, or be provided in connection with third-party services, advertising, feeds, and/or content. PureCipher has no control over such websites and resources, and you acknowledge and agree that PureCipher shall not be responsible or liable for any damage or loss caused by or in connection with your use of or reliance on any such content, goods, or services.
All services, advertising, feeds, and content made available or accessible via the PureCipher Apps and/or APIs are the sole responsibility of the entity or person from whom they originated. Under no circumstances will PureCipher be liable in any way for any content created by or originating with entities other than PureCipher.
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 may be exposed to unauthorized access, interception, corruption, damage, or misuse.
You accept all responsibility for such security risks and any damage resulting therefrom. You are solely responsible for securing your devices from unauthorized access or cyberattacks, including by 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.
Some of the PureCipher Apps and/or APIs may require you to create an account to participate and access the app. 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.
If you provide any information in connection with a registration, you are required to provide and 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.
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.
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 related to the PureCipher Apps and/or APIs. We may use this information as per the Privacy Policy.
If you choose to provide app store reviews or reviews via any social media channel, such information may be made publicly available. If you prefer that we do not use your information for promotional purposes, you may submit your request to techinfo@purecipher.com.
PureCipher is the sole proprietor of products and/or services, projects, documents used for the PureCipher Apps and/or APIs, including visuals, texts, bulletins, slogans, videos, designs, know-how, business data, illustrations, databases, system flow data, logos, emblems, ideas, trademarks and trade dress, as well as source codes, research, methods, statistical figures, financial data, moral rights, and all other intellectual property rights.
"Intellectual property rights" means, collectively, rights under patent, trademark, copyright, and trade secret laws, as well as any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice that PureCipher or third-party partners have placed on or within the PureCipher Apps and/or APIs.
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 that such content does not violate any copyright or other intellectual property rights.
PureCipher respects and expects its users to respect the rights of copyright holders. Upon 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 by anyone who uses them to repeatedly infringe the intellectual property rights of others. PureCipher also acts to remove objectionable content at its sole discretion.
PureCipher emphasizes confidentiality, intellectual property rights, including copyrights and personal data, and takes precautions to be transparent about them. While using PureCipher Apps and/or APIs, you commit and agree to use them in accordance with the principles outlined in this Terms of Use. You will only upload materials that you produce or are authorized to use. You declare and agree not to infringe on the rights of other users.
The PureCipher Apps and/or APIs may offer certain features and/or limits to you as a paid feature through in-app purchases. If you would like to use such paid features, you must first make a payment before accessing them.
Depending on the subscription model, the in-app purchase features may be offered on an annual, semi-annual, quarterly, monthly, weekly, or volume-based basis and will be re-billed based on an auto-renewable subscription model until canceled by you. You acknowledge and agree that you are fully responsible for managing your in-app purchases.
The in-app purchases are billed by the Apple or Google App Store, or a third-party payment system, not PureCipher. These purchases are subject to the terms and conditions of the third-party payment system providers. All billing and refund inquiries should be directed to those providers. PureCipher does not have access to transactions from third-party payment system providers.
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 should you act in breach of this Agreement — if you manipulate the operation of the PureCipher Apps, commit any act that violates third-party rights, or upload any unlawful data, content, visuals, texts, or articles.
Upon termination of this Agreement, you will promptly cease access to and use of the PureCipher Apps and/or APIs, uninstall, remove, and destroy all copies in your possession or control. Termination shall not limit any of PureCipher's other rights or remedies.
You agree to indemnify and hold harmless PureCipher, its affiliates, and 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.
Subject to applicable law, PureCipher 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. 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 will be accurate or reliable, or that the quality will meet your expectations. The entire risk arising out of the use or performance of the PureCipher Apps and/or APIs remains solely yours.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, 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 exceed the amount paid by you for accessing the PureCipher App.
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 for performing them late or incompletely.
The term "force majeure events" refers to any event that is beyond the reasonable control of the affected party, including but not limited to acts of God, riots, insurgencies, turmoil, war, communication interruptions, infrastructure and internet network failures, power failures, mobilization, strikes, fire, explosion, terrorism, cyberattacks, long-term and far-reaching power outages, internet outages, computer viruses, and legislative amendments and adverse weather conditions.
These Terms constitute the entire agreement between you and PureCipher relating to the use of the PureCipher Apps and/or APIs and Services, and supersede all prior or contemporaneous understandings regarding such subject matter.
If any term or provision of this Agreement is declared void or unenforceable, this declaration shall not affect the validity or enforceability of the remaining terms and provisions. To the extent possible, the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent.
Our Sites and Apps are controlled and operated from 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 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.
These Terms and your relationship with PureCipher 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, without regard to the state's conflict of law provisions. 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 it has accrued, or it will be forever barred. To the extent any claim is not subject to arbitration under Section 22, 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.
If you are a PureCipher customer in the United States, 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 shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitrators can award the same damages and relief that a court can award. You agree that 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.
If you elect to seek arbitration or file a small claims court action, you must first send to PureCipher, by certified mail, a written Notice of your claim to: General Counsel, PureCipher Inc., 8 The Green, Ste. 300, Dover, DE 19901. 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 commence an arbitration proceeding or file a claim in small claims court.
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.