"Application"means any application or other resource that sends data to the Service. Each Application must be under Your control. "Customer Data"means the data You collect, process or store using the Service concerning the characteristics and activities of Users. "Eligibility" means that You may only use the Services if you are over 13 years old.
"Services" means all the services provided by Hideez via the Mobile Application to Users, and "Service" means any one of them, "Third Party"means any third party to which You provide access to Your Account or for which You use the Service to collect information on the third party's behalf.
"Users" means users of the Mobile Application, including you and "User" means any one of them.
2. NONEXCLUSIVE LICENSE
2.1. Subject to the terms and conditions of this Agreement, Hideez grants You a limited, revocable, non-exclusive, non-sublicensable license only in the manner presented by Hideez to install, copy and use the Application solely as necessary for You to use the Service on Your Applications or Third Parties Applications.
2.2. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Hideez. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content of the Application in any way, unless expressly permitted to do so by Hideez.
3. DESCRIPTION OF SERVICES
3.1. Hideez saves only User's login, which you specify at registration. The Application can provide us with data related to the loading, use and operation of the Applications, as well as information related to the use of the Application. As a result of using the Application, Hideez can obtain information about the type of device, the network connection, the location of the device on which the Application is running, information about the application launch date, the duration of the application's usage sessions, or the causes of the failure in the Application.
3.2. Registered users may save Logins, Passwords and other sensitive data that we do not have access to. Registered users also may submit, upload the location of a photo or video, audio, the date a file to their key.
3.3. You are responsible for maintaining the security of your Passwords and other sensitive data. Hideez has no knowledge of your Passwords and other sensitive data and will not ask or be permitted to ask for it. Hideez, will not under any circumstances, have access to your Passwords and other sensitive data or the records stored in your key.
3.4. You agree to not issue your Passwords and other sensitive data to any third parties and shall not, under any circumstances, issue your Passwords and other sensitive data to any customer support representative of Hideez in the event you contact us.
4. ACCOUNT, PASSWORD AND SECURITY
4.1. To register for the Service, You complete the registration process by providing Hideez with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You will protect Your passwords and take full responsibility for Your own, and third party, use of Your accounts.
4.3. You will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
4.4. If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify us in writing, and should change your password at the earliest possible opportunity.
4.5. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services.
4.6. Hideez cannot and does not review the information created or uploaded by its users. We will only access to your account in limited ways. For example, in order to perform the Services, we may need to access to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce these terms.
5.1. You agree to (and shall) abide by these terms, as may be amended from time to time.
5.2. You agree to receive pre-programmed notifications.
5.3. You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate.
5.4. Prohibitions in relation to usage of Services or Application are:
- to save any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- to save any material which is technically harmful (including computer viruses or harmful data);
- to use Application for any fraudulent purpose;
- to use Application for other than in conformance with accepted Internet practices and practices of any connected networks;
- to furnish false data including false names, addresses and contact details;
- to attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks;
- to extract data from or hack into the Application;
- to engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Application or Services.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Intellectual property rights on the Application belong to Hideez. The Content of the Application is protected by copyright and other laws in both the United States and other countries.
6.2. Logins, Passwords and any other types of Credentials and other information which You save, submit or upload is generated, owned and controlled solely by you.
6.3. Hideez does not claim any ownership rights in Your information, and you hereby expressly acknowledge and agree that Your information remains your sole responsibility. Without prejudice to the conditions set forth in Your Use you must not upload, store, distribute, send, transmit, display, perform, make available any information to which you do not hold the necessary rights.
7.2. If we suspend the Services or Application, we may refuse to restore the Services or Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
7.3. You hereby agree to indemnify, defend and hold harmless Hideez from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
- any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the Your blame;
- any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Hideez.
7.4. We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
7.5. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
8. THIRD PARTIES
8.1. If You use the Service on behalf of a Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by Hideez to do so, then You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement, (b) You will not disclose Third Party's Data to any other party without the Third Party's consent.
9. ASSIGNMENT TO THIRD PARTIES
9.1. Hideez may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Hideez. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Hideez.
11.1. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information if permitted by law.
12. APPLICABLE LAW AND LANGUAGE
12.1. The Terms are governed by and construed by the laws of the State of Delaware in the United States.
13. DISPUTE RESOLUTION
13.1. The parties agree that any disputes between Hideez and you concerning these Terms may only brought in a federal or state court of competent jurisdiction.
14.1. We may periodically make changes to the contents of the Application at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Application.
15. TERM AND TERMINATION
15.1. Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, Hideez will stop providing, and You will stop using the Service.
You may contact us by emailing us at [email protected]
Last Amended: 15 July 2018