- ACKNOWLEDGMENT AND ACCEPTANCE.
- Please read these Terms and Conditions of Service and End User License Agreement ("TOS" or "Terms") before using or accessing in any form or manner (including by way of sending or receiving emails) any of the products, application and/or services available through or in connection with Enlocked.com and/or the Enlocked application (e.g for iPhone, Blackberry, Android, etc.) enabling the send and receive of encrypted emails using computers, smart-phones or tablets (hereinafter the "Products and Services"). These Term constitute a binding agreement between you and Enlocked Inc. and its affiliates ("Enlocked") and by using and/or merely downloading any of the Products and Services in any form and manner you agree to abide, and that you are bound, by these Terms. We reserve the right to change these Terms at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. By using any of the Products and Services you hereby declare that you are at least 18 years old. If you are a minor, please have a parental consent for using the Products and Services.
- You can find the most recent version of these Terms at https://www.enlocked.com/tou.html. Regardless of whether Enlocked has provided you notice, your continued use of the Products and Service following Enlocked's notice or posting of changed Terms will constitute your acceptance of such changes. It is your responsibility to check regularly for changes to the Terms and ensure that any contact, billing or payment information you provide to Enlocked is updated and correct.
- Term. Enlocked reserves the right to terminate your access to use the Products and Services at any time and for any reason.
- THE ENLOCKED SERVICE – GRANT OF RIGHTS; RIGHT TO MODIFICATION AND SHUT DOWN.
- Subject to the terms and conditions hereunder, you are hereby granted with a non-exclusive, non-transferrable, right to use the Products and Services, for your own internal use, until the earlier of: (i) termination or expiration of these Terms; (ii) shut down of the Products and Services by Enlocked.
- Other than the rights expressly licensed hereunder to you, no other rights or interest whatsoever in any fo the Products and Services and/or any component thereof, are transferred or granted. Without limiting the foregoing, you may not: (i) use the Products and Services or any part thereof, for purposes other than those explicitly set forth hereunder; (ii) reverse engineer or de-compile, modify or revise Products and Services, or any part thereof, or create derivative works thereof; (iii) sub-license, resell or re-offer the Products and Services, or any part thereof; (iv) otherwise commercially utilize the Products and Services, or any part thereof.
- You acknowledge and agree that Enlocked has the right, at any time and for any reason, at its sole discretion with or without notice to you: (i) to terminate and/or shut down (temporarily or permanently) any or all of the Products and Services; (ii) to redesign or modify the organization, structure, specifications, "look and feel", navigation, features and other elements of the Products and Services and/or any part thereof.
- In view of the nature of the Products and Services, YOU MUST MAKE EVERY ATTEMPT TO SAFEGUARD YOUR DATA (INCLUDING YOUR EMAILS) AT ALL TIMES. ENLOCKED DOES NOT ASSUME RESPONSIBILITY FOR LOSS OF DATA. YOUR EMAIL AND ALL DATA AND CONTENT SHOULD ALWAYS BE BACKED UP.
- WHILE ENLOCKED IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA, IN THE EVENT OF SHUT DOWN OR TERMINATION OF ANY OF THE PRODUCTS AND SERVICES FOR ANY REASON, ENLOCKED SHALL USE REASONABLE ENDEAVORS, AT ITS SOLE DISCRETION TO PROVIDE USERS WITH ACCESS TO TOOLS ENABLING DECRYPTION OF THEIR EMAILS. ENLOCKED DOES NOT GUARANTEE IN ANY WAY THE FULL RECOVERY OF ALL ENCRYPTED EMAILS. USERS ARE ADVISED TO KEEP COPIES OF IMPORTANT DOCUMENTS SENT THROUGH ENLOCKED FOR DATA BACKUP AND PROTECTION.
- USE OF THE PRODUCTS AND SERVICES.
You agree that you will not use the Products and Services for any of the following purposes.
- Any unlawful, invasive, infringing, defamatory or fraudulent purpose;
- To send unsolicited bulk commercial email ("Spam") of any kind, regardless of the content or nature of such messages;
- Intentionally to send any harmful code or attachment with the Products and Services; To interfere, alter, tamper with or circumvent the use or any other aspect of the Products and Services by other users or third parties.
- To use the Products and Services in a way that has a detrimental effect upon Enlocked, its Users or the Products and Services, as determined by Enlocked at its sole discretion;
- To use or attempt to use the Products and Services in breach of these Terms;
- To transmit harassing, obscene, racist, malicious, abusive, libelous, illegal or deceptive messages or files;
- To commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious act;
- To interfere with the use of the Products and Services by other Users;
- To alter, tamper with or circumvent any aspect of the Products and Services;
- To test or reverse engineer any of the Products and Services in order to find limitations or vulnerabilities.
You acknowledge and agree that you are responsible for your use of the Products and Services. You are fully responsible for the control of and/or access to your account, including limiting access to user names and passwords and you agree to take all reasonable precautions to protect your user name and password and access to your account. You agree that you will immediately notify Enlocked in the event that you discover or believe that your account or user name or password has been accessed in any way. Enlocked shall not be liable to you or any third party for any failure by you to prevent unauthorized access to your account.
Enlocked's processing of emails is carried out automatically. Our employees do not read the contents of customers emails, other than where this is determined to be necessary to comply with legal requirements or as permitted by the relevant user.
- USER RESPONSIBILITY FOR EMAIL CONTENT.
- You are responsible for the emails you send or receive using the Products and Services. Enlocked is not responsible in any way to the content sent in those emails (including attachment, scripts or links to other sites these email might include).
- Enlocked does not check the contents of the emails it encrypts or decrypts, and does not perform any virus, malware or any other type of check, the user is responsible to verify that these messages are safe to read. You should not read any suspicious emails even if those were encrypted using Enlocked.
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Product and Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
- You understand that by using the Product and Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Product and Services at your own risk.
- You agree that you are solely responsible for (and that Enlocked has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Product and Services and for the consequences of your actions (including any loss or damage which Enlocked may suffer) by doing so.
- You agree that you will not engage in any activity that interferes with or disrupts the Products and Services or the servers and networks which are connected to the Products and Services.
- ACCURACY AND RETENTION OF INFORMATION; COMPLIANCE WITH LAWS.
- You agree that any registration information you give to Enlocked will always be accurate, correct and up to date.
- You agree to use the Product and Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation in the relevant jurisdictions.
- You acknowledge that in connection with the provision of the Products and Services Enlocked may retain certain summary information and log data with respect to the history of your activities and emails, encryption and decryption keys, etc.
- RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS.
- Enlocked reserves the right to limit or revoke your access to any of the Products and Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.
- Enlocked is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Product and Services which Enlocked provides may change from time to time without prior notice to you.
- As part of this continuing innovation, you acknowledge and agree that Enlocked may stop (permanently or temporarily) providing the Product and Services (or any features within the Product and Services) to you or to users generally at Enlocked’s sole discretion, without prior notice to you. You may stop using the Product and Services at any time. You do not need to specifically inform Enlocked when you stop using the Product and Services.
- You acknowledge and agree that Enlocked may modify the limit on the number of transmissions you may send or receive through the Product and Services or on the amount of storage space used for the provision of any Service, at any time, at Enlocked’s discretion.
- Notices to you will be addressed via contact information provided by you during the account registration process unless you have notified Enlocked of any changes.
- You agree that Enlocked may share data related to your use of the Products and Services, with its affiliates, contractors or agents for the purpose of supporting your use of the Products and Services and to offer or provide you with other related services from Enlocked or Enlocked affiliates.
You agree to defend, indemnify and hold Enlocked and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the terms of these Terms.
- DISCLAIMER OF WARRANTIES AND LIABILITIES.
THE SERVICE AND THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THE TERMS, ENLOCKED’S ORDER FORM, NOR ANY DOCUMENTATION FURNISHED UNDER THEM ARE INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS AND SERVICES IS WITH YOU. SHOULD THE PRODUCTS AND SERVICES PROVE INADEQUATE IN ANY WAY, YOU AND NOT ENLOCKED ASSUME THE ENTIRE COST OF ANY COSTS OR DAMAGES INCURRED BY YOU.
ENLOCKED DOES NOT WARRANT THAT YOU WILL HAVE UNINTERRUPTED OR ERROR FREE USE OF THE PRODUCTS AND SERVICES, THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN SECURE OR UNCORRUPTED FORM OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME, OR THAT THE PRODUCTS AND SERVICES WILL PREVENT FROM OCCURRING THAT WHICH THEY ARE DESIGNED TO PREVENT.
YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED, RECEIVED OR SUBMITTED THROUGH THE PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK AND THAT ENLOCKED WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING ANY DATA, E-MAIL, PERSONAL COMPUTER EQUIPMENT OR STORAGE MEDIA).
ENLOCKED IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES OR ATTACHMENTS WHICH ARE SENT THROUGH ENLOCKED’S PRODUCTS AND SERVICES. SUCH MESSAGES OR ATTACHMENTS MAY INCLUDE HARMFUL MATERIAL THAT MAY DAMAGE YOUR COMPUTER SYSTEM.
- LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL ENLOCKED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE PRODUCTS AND SERVICES, OR RELIANCE ON ANY OF THE PRODUCTS AND SERVICESSOR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY ENLOCKED.
WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, ENLOCKED SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY OTHER PARTY FOR THE ACCURACY, SECURITY, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF THE PRODUCTS AND SERVICES OR ANY PART THEREOF, INCLUDING USE FOR URGENT, CRITICAL OR EMERGENCY COMMUNICATIONS OR IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR PRIVATE INFORMATION.
THE FOREGOING DISCLAIMER SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE ANY OR ALL OF THE PRODUCTS AND SERVICES.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF THE DATA AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE PRODUCTS AND SERVICES.
THE LIMITATIONS IN THIS SECTION ARE COMPREHENSIVE AND THE EXAMPLES GIVEN ARE NOT EXHAUSTIVE. THE LIMITATIONS IN THIS SECTION ARE SEPARATE AND INDEPENDENT OF ANY OTHER LIMITATIONS IN THIS AGREEMENT AND SHALL NOT FAIL IF SUCH OTHER LIMITATION OR REMEDY FAILS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You acknowledge and agree Enlocked is the exclusive owner of the Enlocked Platform and the Service, including, without limitation, any and all intellectual property or proprietary rights therein.
Any notices or communications under these Terms to you will be addressed to the electronic address specified in the your Enlocked Order Form, as you may update such information from time to time, and will be deemed delivered immediately upon sending in the case of electronic mail and three days after mailing in the case of standard written mail. If to Enlocked, such notices shall be addressed to firstname.lastname@example.org, or to such other address as Enlocked may provide to you.
Enlocked may assign these Terms without your notice or consent. You, however, may not assign these Terms or any rights hereunder.
The Terms and the relationship between you and Enlocked are governed by the laws of the State of Delaware without regard to its conflict of law provisions. Any dispute or claim arising out of or in connection with the Terms will be submitted to the exclusive jurisdiction of the competent courts in State of Delaware. Enlocked's failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Terms remain in full force and effect. Neither party to the Terms will be liable to the other for any delay or failure in performance under the Terms resulting directly or indirectly from acts of nature or causes beyond its reasonable control. The Terms constitutes the entire agreement between the parties with respect to the Service and supersede all previous proposals, both oral and written, representations, writings, and all other communications between the parties.