Terms & Conditions

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

“Application” means the software program (Beta phase) provided by the Company accessed by You at ipsecure.com or downloaded by You on any electronic device, named IPSecure.

“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store), Google Inc. (Google Play Store), or other application in which the Application has been downloaded.

“Affiliate” means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of fifty percent (50%) or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.

“Account” means a unique account created for You to access our Service or parts of our Service.

“Company” (referred to as either “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to IPSecure Inc., 6771 Warner Ave #3149, Huntington Beach, CA 92605.

“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.

“Device” means any device that can access the Service such as a computer, a cellphone, a digital tablet, or other digital device.

“Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.

“Free Trial” refers to a limited period of time that may be free when purchasing a Subscription.

“In-app Purchase” refers to the purchase of a product, item, service, or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.

“Service” refers to the Application.

“State” refers to California, United States.

“Subscriptions” refer to the services or access to the Service offered on a subscription basis by the Company to You.

“Terms and Conditions” mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

“Third-party Social Media Service” means any services or content, including data, information, products, or services, provided by a third party that may be displayed, included, or made available by the Service.

“You” means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, You may not access the Service.

You represent that you are over the age of eighteen (18). The Company does not permit those under eighteen (18) years of age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. We may collect non-personally identifiable information related to your use of our products, services, and data.

We may use this information to test and improve our products and services and to protect and enforce our rights, and may pass this information to our third-party providers for the same purposes. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis, such as daily, weekly, monthly, or annually, depending on the type of Subscription plan You select.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription Cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for fees already paid for Your current Subscription period and will be able to access the Service until the end of that period.

If the Subscription was made through an In-app Purchase, You can cancel its renewal with the Application Store.

Billing

You shall provide the Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information.

Should automatic billing fail for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a specified deadline, with full payment corresponding to the billing period indicated on the invoice.

If the Subscription was made through an In-app Purchase, all billing is handled by the Application Store and governed by its own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify Subscription fees. Any fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of a change in Subscription fees to give You an opportunity to terminate Your Subscription before the change becomes effective. Your continued use of the Service after the fee change comes into effect constitutes Your agreement to pay the modified fee.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests may be considered by the Company on a case-by-case basis and granted at its sole discretion.

If the Subscription was made through an In-app Purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may contact the Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter Your billing information to sign up.

If You enter billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You selected.

At any time and without notice, the Company reserves the right to modify the terms and conditions of the Free Trial offer or cancel such an offer.

Limitations

Unless expressly permitted elsewhere in these Terms and Conditions, You may not: (i) sell, sublicense, distribute, display, store, copy, modify, decompile or disassemble, reverse engineer, translate, or transfer our property in whole or in part, or as a component of another product, service, or material; (ii) use our property to create derivative works or competitive products; or (iii) allow third parties to access, use, or benefit from our property in any way whatsoever.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services, or Subscriptions.

More information about how you may manage In-app Purchases using your Device may be set out in the Application Store’s terms and conditions or in your Device’s Help settings.

In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, it cannot be canceled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If an In-app Purchase is not successfully downloaded or does not work once downloaded, We will investigate the reason after becoming aware of or being notified of the fault. We will act reasonably in deciding whether to provide a replacement or issue a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase.

If we are unable to replace or repair the relevant In-app Purchase within a reasonable period and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to its cost. Alternatively, You may contact the Application Store directly to request a refund.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from which you downloaded the Application and are governed by that Application Store’s own terms and conditions. If you have payment-related issues with In-app Purchases, contact the Application Store directly.

User Accounts

When You create an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of a security breach or unauthorized use of Your account.

You may not use as a username the name of another person or entity, a name that is not lawfully available for use, a name or trademark subject to the rights of another person or entity without appropriate authorization, or a name that is offensive, vulgar, or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute that Content on and through the Service. You retain all of Your rights to Content You submit, post, or display on or through the Service and are responsible for protecting those rights.

You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use it subject to these Terms and Conditions.

You represent and warrant that: (i) the Content is Yours or You have the right to use it and grant Us the rights and license provided in these Terms and Conditions; and (ii) posting Your Content on or through the Service does not violate any person’s privacy rights, publicity rights, copyrights, contract rights, or other rights.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity under your account, whether done by You or a third person using Your account.

You may not transmit Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples include, but are not limited to:

• Unlawful content or content promoting unlawful activity;
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national or ethnic origin, or other targeted groups;
• Spam, machine-generated or randomly generated content, unauthorized or unsolicited advertising, chain letters, unauthorized solicitation, lotteries, or gambling;
• Viruses, worms, malware, trojan horses, or other content designed or intended to disrupt, damage, or limit software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to another person’s data or information;
• Content infringing proprietary rights, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
• Content impersonating any person or entity, including the Company and its employees or representatives;
• Content violating the privacy of any third person; and
• False information and features.

The Company reserves the right, but not the obligation, in its sole discretion, to determine whether Content is appropriate and complies with these Terms and Conditions, and to refuse or remove Content. The Company also reserves the right to make formatting and other edits, change the manner of Content, and limit or revoke use of the Service if You post objectionable Content.

As the Company cannot control all content posted by users or third parties, you agree to use the Service at your own risk. You understand that You may be exposed to content You find offensive, indecent, incorrect, or objectionable, and agree that the Company will not be liable for any content, errors or omissions in content, or loss or damage incurred through the use of content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content corrupted before being backed up or Content that changes while a backup is performed.

The Company will provide support and attempt to troubleshoot known or discovered issues that may affect Content backups. You acknowledge that the Company has no liability related to the integrity of Content or failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right of any person.

If You are a copyright owner, or authorized on behalf of one, and believe copyrighted work has been copied in a way that constitutes infringement through the Service, submit Your notice in writing to our copyright agent at info@ipsecure.com and include a detailed description of the alleged infringement.

You may be held accountable for damages, including costs and attorneys’ fees, for misrepresenting that any Content infringes Your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing, as described in 17 U.S.C. 512(c)(3):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• A description of the copyrighted work You claim has been infringed, including the URL where it exists or a copy of the work;
• Identification of the URL or other specific location on the Service where the material You claim is infringing is located;
• Your address, telephone number, and email address;

Copyright notices must include all information required by applicable law.

The notice must also include Your good-faith statement that the disputed use is not authorized and Your statement, under penalty of perjury, that the notice is accurate and You are the copyright owner or authorized to act for the owner.

You can contact our copyright agent at info@ipsecure.com. Upon receipt, the Company may take any action it deems appropriate, including removal of the challenged content.

Intellectual Property

The Service and its original content, excluding Content provided by You or other users, features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used without the Company’s prior written consent.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If such assignment is ineffective, You grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit the Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of third-party websites or services, or for damage or loss caused or alleged to be caused by use of or reliance on content, goods, or services available through them.

We strongly advise You to read the terms and privacy policies of any third-party websites or services You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages You might incur, the entire liability of the Company and its suppliers under these Terms and Conditions, and Your exclusive remedy, shall be limited to the amount actually paid by You through the Service or One Hundred Dollars ($100) if You have not purchased anything through the Service.

To the maximum extent permitted by law, the Company and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages, including loss of profits, data, business interruption, personal injury, or loss of privacy, arising from use of or inability to use the Service, third-party software, or third-party hardware, even if advised of the possibility of such damages.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In those states, each party’s liability will be limited to the greatest extent permitted by law.

Indemnification

You must defend, indemnify, and hold harmless Us and Our subsidiaries, affiliates, successors, assigns, licensees, directors, officers, employees, and agents against claims arising from Your use of the Service in violation of these Terms and Conditions, unless caused by Our gross negligence or willful misconduct.

We will promptly notify You of the claim and You will control its defense, provided You may not settle without our prior written consent unless the settlement fully releases Us and the other indemnified parties.

The Company will give You notice of any third-party claim or loss for which it seeks indemnity and will have sole control over its defense and settlement. Any settlement must unconditionally release the Company from all liability relating to the claim.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.

To the maximum extent permitted by law, the Company, its Affiliates, licensors, and service providers disclaim all express, implied, statutory, or other warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing, performance, usage, or trade practice.

The Company makes no warranty that the Service will meet Your requirements, achieve intended results, be compatible with other software or systems, operate without interruption, meet performance or reliability standards, be error-free, or that errors or defects can or will be corrected.

Neither the Company nor its providers warrant the operation or availability of the Service or its content and products; uninterrupted or error-free service; the accuracy, reliability, or currency of information; or that the Service, servers, content, or emails are free of harmful components.

Some jurisdictions do not allow exclusion of certain warranties or limitations on consumer statutory rights, so some exclusions and limitations may not apply to You. In that case, they will be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve it informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you reside.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that: (i) You are not located in a country subject to a United States government embargo or designated by the United States government as a “terrorist supporting” country; and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms and Conditions is held unenforceable or invalid, it will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, failure to exercise a right or require performance of an obligation shall not affect a party’s ability to do so later, nor shall waiver of a breach constitute waiver of a subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We made them available on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, We will make reasonable efforts to provide at least thirty (30) days’ notice before new terms take effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

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