PureCipher Terms of Use

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.

  • You are not allowed to copy or modify PureCipher Apps 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, along with all trademarks, copyrights, database rights, and other intellectual property rights related to them, belong to PureCipher Inc.

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.

Contact Us

If you have any questions or suggestions about our Terms of Use, do not hesitate to contact us at techinfo@purecipher.com.

PURECIPHER END-USER LICENSE AGREEMENT

1. TERMS OF USE

  • PureCipher Inc. is pleased to provide you, the user, with its branded application(add a comma) - 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. 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 acquire the PureCipher Apps and/or APIs.

  • Your use or access of the Services is also subject to the Privacy Policy, which is hereby available here and 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. Without prejudice to any rights implied by law or under the provisions of this Agreement, you also acknowledge that in-app messages notifying you of such changes when you open, use, or access the PureCipher Apps and/or APIs shall constitute reasonable notification. 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. Certain provisions of this Agreement might be unenforceable as to you. To the extent that any terms of this Agreement are 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. You also confirm 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, 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 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 techinfo@purecipher.com.

2. PARTIES

  1. This Agreement is concluded between PureCipher Inc. and you, the User, who will access the PureCipher App from your browser and/or mobile devices.

  2. 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: techinfo@purecipher.com

4. GRANT OF LICENSE

  1. 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, end-user, and non-commercial use.

  2. For the avoidance of doubt, 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, 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 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, nor permanently transfer any 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

  1. 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 and to block 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.

  2. 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 the 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, or 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 that 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 the Services, except as and only to the extent permitted in this Agreement and by applicable law. You shall not engage in behaviors or activities that will adversely affect, obstruct, or manipulate the operation of the PureCipher Apps and/or APIs, disable security systems, make the PureCipher Apps and/or APIs unusable, or attempt to do so by preparing automatic programs.

  3. 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 from creating derivative works of any of 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 not to undertake or engage in any act to find, obtain, or copy the source code of PureCipher Apps and/or APIs, nor in any way try to synchronize PureCipher Apps and/or APIs with other software or hardware, nor violate the security of any computer network, or hack security passwords and codes, nor attempt to deliver spam mail or upload malware. You agree, declare, and undertake to assume liability for any damages PureCipher and third parties encounter from your actions or activities. (edited) 

  4. PureCipher may restrict or terminate access to the 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. This is to ensure the continuity of access to the network, to prevent malfunctions that may occur in the network, software, or uploaded files, to prevent or reduce the adverse effects of possible disruptions, and in other cases deemed necessary.

  5. 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 communicate with our servers. PureCipher may require updating the PureCipher Apps and/or APIs on your browser and/or mobile device when PureCipher releases a new version of the App or when new features become available. This update may occur automatically or upon prior notice to you, and may happen 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 end 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 for you to use, access, download, or utilize content. By agreeing to these Terms and using the Apps either through a 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.

  6. 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 your 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.

  7. 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, as provided by law (e.g., European Union residents). For these countries, consumers may have a right to cancel the purchase within a specific number of days after purchasing products/services online, as provided by law. Therefore, your right to cancel in-app purchases will depend on the country in which you reside.

    Since some payment processes for 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 the mobile platform owner's terms. Please also review the mobile platform owner’s terms in this regard before making a purchase. You can find further information on canceling orders and any associated refunds on the website of the third-party reseller.

    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 cancellation rights 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 the 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.

  8. Defective Content: Once the PureCipher Apps and/or APIs are available to you through your account, whether you have successfully registered, 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. You must notify us as soon as reasonably possible if you find any errors or defects.

  9. 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

  1. 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 of the PureCipher Apps and/or APIs 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.

  2. 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. If you are installing a PureCipher App that includes third-party services and content, such services and content are subject to the third party’s terms of service 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 your use of or 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 responsible for monitoring any transaction between you and the Third-Party Partners.

  3. Access to 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, graphics, 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, are the sole responsibility of the entity or person from whom they 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 the PureCipher App.

7. SECURITY

  1. 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 a PureCipher App may be exposed to unauthorized access, interception, corruption, damage, or misuse, and cannot be regarded as 100% secure.

  2. 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 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.

  3. In regard to malware protection, if PureCipher Apps and/or APIs are downloaded from the 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 the Apple App Store or from other sources to protect you against malicious third-party software, URLs, and other security issues. Additionally, Apple may warn you if it considers an app or URL to be unsafe, or the 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, the Apple App Store may continue to receive information about installed apps, and apps installed on your device from other sources may continue to be analyzed for security issues without sending information to the Apple App Store.

8. REGISTRATION AND PASSWORDS

  1. 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 an app. Any registration required by third-party partners is not governed by this Agreement, and you should refer to the relevant third-party partners’ websites for their policies.

  2. 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.

  3. Provided Information: 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. 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

  1. 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.

  2. 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 techinfo@purecipher.com (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.

  3. If you download the PureCipher Apps and/or APIs through the Apple App Store, please be aware that posting reviews on the Apple App Store shall be subject to the relevant policies of the Apple App Store.

11. INTELLECTUAL PROPERTY RIGHTS

  1. 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, know-how, and any business data, illustrations, databases, system flow data, logos, emblems, ideas, or the PureCipher trademarks and trade dress, as well as source codes, research, methods, statistical figures, financial data, moral rights, and all other intellectual property rights during preparations for the Agreement and throughout its term for the supply of the services. Accordingly, you agree and represent that you will not engage in 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 emails or upload malicious software; otherwise, you will be liable for all losses that PureCipher and third parties may sustain.

  2. For the avoidance of doubt, "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, without limitation, 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. All rights not expressly granted hereunder are 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.

  3. 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 grants you the right to use 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 from those in this clause of the Agreement, PureCipher will notify you before the service is used or before the commencement of operations for the service.

  4. 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, including but not limited to photos, texts, documents, videos, audio, and music files, does not violate any copyright or other intellectual property rights.

  5. 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 or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others.

  6. 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, tortious, defamatory, or libelous; content that is hateful or advocates 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, discriminatory, 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.

  7. PureCipher does not and cannot pre-screen or monitor all content. Nevertheless, our artificial intelligence system may monitor content submissions through the PureCipher Apps and/or APIs and will flag questionable content for human inspection, and you, the user, hereby provide irrevocable consent to such monitoring. You acknowledge and agree to the monitoring of your content submissions by AI, understanding that it is possible for a human to see your content, and that you would lose 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.

  8. 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 promoting 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 legal systems that do not permit 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 the authorization to permit third parties to use such moral rights, indefinitely (in a way that 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, 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 provided to you by PureCipher. You will only upload materials that you produce or are authorized to use on PureCipher Apps and/or APIs. You declare and agree not to infringe on the rights of other users under this Terms of Use.

13. IN-APP PURCHASE AND PAYMENT

  1. 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 under this Agreement, you must first make a payment before accessing them.

  2. Depending on the subscription model you sign up for, 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. 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 third-party payment processor, such as the Apple App Store from which you may have originally downloaded the application. You acknowledge and agree that you, the User, are fully responsible for managing your in-app purchases and the amount you spend on them within the PureCipher Apps and/or APIs.

  3. Depending on your location and jurisdiction, if you are under 17, 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 confirm that you have any and all necessary permissions to allow you to make that purchase. If you are a parent or legal guardian of someone under the age of 17, we recommend that you consider any parental controls that may be provided by the Apple App Store if you are concerned that your child may make excessive in-app purchases.

  4. 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 the third-party payment system providers, such as the Apple App Store. PureCipher does not have access to transactions from the third-party payment system providers.

  5. If any in-app purchase results in the app not functioning properly (e.g., not downloading correctly or features not working 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 issue. PureCipher will act reasonably in deciding whether to provide you with a replacement in-app purchase or issue you 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 third-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 third-party payment system directly.

14. TERM AND TERMINATION

  1. 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.

  2. 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 occur: 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; or if you upload, share, or post any unlawful data, content, visuals, texts, or articles using the PureCipher App.

  3. 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 to 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

  1. 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.

  2. 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

  1. 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.

  2. 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, emailed, transmitted, or otherwise made available via the PureCipher Apps and/or APIs.

  3. The entire risk arising out of the 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

  1. 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.

  2. 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

  1. 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. Such failure shall not be considered a default, incomplete performance, or faulty performance, and no claim for compensation shall be made against PureCipher.

  2. 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. This includes, but is not limited to, acts of God, 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 outages, internet outages, computer viruses, and legislative amendments and adverse weather conditions.

  3. You will not be able to accrue default interest or claim indemnification against PureCipher under any circumstances 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

  1. 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 supersede all prior or contemporaneous understandings regarding such subject matter.

  2. 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 to 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.

  3. Any translation of this Agreement is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern to the extent permitted by law.

  4. If any term 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, it 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 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 claims 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.