Last updated 02/21/2017
We’re thrilled that you’re interested in using one of our end-to-end encryption solutions! Before you do, however, please read all of these terms (“Terms”) carefully because they explain your rights and responsibilities when you use our email service, storage, and file sharing service or any other software or services that we’ve made available to you (“Services”). By using our Services, you agree to be bound by our Terms. If you do not agree to be bound by our Terms, you may not use our Services.
We grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. You may not modify, reverse engineer, decompile or disassemble the Services partly or as a whole, or create derivative works of any software used to provide the Services (except where such action is expressly permissible through applicable law). To the extent that any of our Services are made available to you in source code form, you may view that source code and use it to test the Services, but you may not do anything else with our source code, including but not limited to modifying it, selling or sublicensing it, or creating other products, services or derivative works from it – these restrictions remain in effect even if our source code continues to reside on one or more of your devices after you no longer use the Services. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. The Services are being licensed, not sold, to you, and we retain all of the rights, title and interest in the Services.
Export Control and Sanctions Compliance. (a) You warrant and covenant as follows: (1) the Services are subject to the export control and sanctions laws of the United States, and diversion contrary to U.S. law is prohibited; (2) You are not a Restricted Party (as defined in this paragraph); (3) You will not transfer the Services to, or permit the use of the Services by, any Restricted Party, or for any nuclear, missile, chemical/biological weapon-related or other end use that is prohibited by U.S. export regulations; (4) You will not incorporate the Services into any other product except as authorized in writing by us; (5) You will inform us immediately if any representation in this paragraph is no longer true; and (6) You indemnify and hold harmless PreVeil, LLC, our officers, directors, employees, agents, successors and assigns from any liability, losses, or other costs resulting from your breach of any warranty or covenant in this paragraph. (b) “Restricted Party” includes any person or entity that is (1) located or established in, organized under the laws of, or controlled by the government of or one or more nationals of: Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine, or any jurisdiction that may become subject to a general prohibition on U.S. persons’ engaging in financial and/or export transactions; (2) designated on any list of sanctioned, denied or debarred parties maintained by the U.S. Department of Commerce, U.S. Department of the Treasury Office of Foreign Assets Control, or U.S. Department of State; (3) majority owned by one or more entities designated on any such list maintained by the U.S. Department of the Treasury; or (4) a non-U.S. military or intelligence organization.
Acceptable Use of Services.
We want you to enjoy using the Services and to take advantage of what they have to offer, but you must do so responsibly. To that end, we have come up with a list of restrictions that apply to our Services.
You may not (and you may not allow anyone else to) do any of the following:
- use the Services in any manner or for any purpose other than as expressly permitted by these Terms;
- use the Services to conduct any illegal activity;
- sell, lend, rent, resell, lease, or sublicense the Services to any third party;
- violate any applicable export control or trade sanctions laws or other applicable laws;
- violate, misappropriate or infringe our rights or the rights of others, including privacy, publicity, intellectual property or other proprietary rights;
- use the Services to send unsolicited or unauthorized junk email, spam or any other forms of duplicative or unsolicited messages;
- abuse the system to get more storage space than deserved or otherwise circumvent limits placed by us;
- store or transmit data: (i) that is illegal to store or transmit; (ii) that contains any material that encourages conduct that could constitute a criminal offense, or (iii) that contains malicious code; or
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”.
If you’re considering using the Services for an improper purpose that we haven’t listed, we still ask that you do the right thing. Even if you do not expressly violate one of the listed restrictions, we reserve the right suspend or terminate your access to our Services at any time for any reason.
From time to time we may make pre-release software and/or services available to you so that you may evaluate those Services and have an opportunity to provide us with feedback before the Services are made commercially available (“Beta Period”). During the Beta Period, you may be able to use some features or functionality, or have some additional capability (such as increased file sharing storage space), that will be made available for purchase at the end of the Beta Period. While you are not required to make any purchases at the end of the Beta Period, be advised that you may lose some capabilities that were provided for free during the Beta Period. We may also choose to limit the capabilities of Services during the Beta Period (for example, by limiting the number of emails sent using the Services).
- The receiver of any email message that you send using the Services will also be required to use the Services in order to decrypt any encrypted email messages.
- We won’t have access to your encryption and decryption keys so it is your responsibility to maintain those keys in confidence.
- When Services include downloadable software, the Services may update automatically on your device once a new version or feature is available.
- We may, from time to time, send you communications regarding the Services.
- We reserve the right to transmit and/or store your information in any location that meets our business requirements.
- If you intend to use the Services for your personal use, you must register with a personal (non-employer) email address; if you register with an email address provisioned by your employer, your account and use of the Services may be subject to your employer’s control.
You agree to defend, indemnify, and hold us harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with your access to or use of our Services, including information provided in connection therewith, or your breach or alleged breach of our Terms.
Disclaimer of Warranty.
TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE BEING MADE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NONINFRINGEMENT. In other words, we do not make any promises regarding the Services, including any specific functions of the Services, or their reliability, availability, or ability to meet your needs. We reserve the right to add or remove functionalities or features, limit our Services in any country or suspend or stop the Services altogether.
Limitations on Liability.
OUR TOTAL LIABILITY FOR ANY CAUSE WHATSOEVER RELATED TO THE SERVICES OR THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, PROFITS OR USE OF THE SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SERVICES. WHERE ONE OR MORE OF THESE EXCLUSIONS OR LIMITATIONS OF DAMAGES IS NOT PERMITTED BY APPLICABLE LAWS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY THOSE LAWS.
To be clear, PreVeil shall have no liability for any lost or undelivered emails or for the loss of any files that are stored or transmitted using the Services.
From time to time we may request feedback regarding the use of our Services, and at all times we welcome your feedback such as bug reports, enhancement requests or just to let us know how we’re doing. While you are under no obligation to provide us with any feedback, if you choose to do so, you agree that we will be free to use any feedback you provide for any purpose, without any obligation to compensate you.
Term and Termination.
These Terms will continue to apply until ended by either you or us. You may choose to end them at any time for any reason by discontinuing your use of the Services and, if applicable, deleting your account. We may choose to suspend or terminate your access to our Services at any time for any reason, such as if we reasonably believe that you have violated these Terms, that you create possible legal exposure for us, or that our provision of the Services to you is no longer commercially viable. In all such cases, these Terms shall terminate, except that the following sections shall continue to apply: Indemnification, Disclaimer of Warranty, Limitations on Liability, Term and Termination, and Miscellaneous. To be clear, once these Terms have been terminated by either you or us, you may no longer continue to use the Services in any manner, even if some of our software remains on one or more of your devices – this means that in addition to all of the other limitations on use included in these Terms, you will continue to have no right to modify, sell or sublicense the Services, or create other products, services or derivative works from the Services.
Updates to the Terms.
We may update these Terms from time to time by posting them online, so please refer back to them regularly. Your continued use of the Services starting 30 days after the effective date of the updated Terms constitutes your acceptance of the updated Terms. You’ll be able to determine the effective date of the most recent Terms by looking at the “last modified” date found at the bottom of the Terms. If you do not agree to the updated Terms, you must discontinue your use of the Services.
These Terms constitute the entire agreement between you and us concerning our Services and supersede any prior versions of these Terms. If there is a conflict between these Terms and any additional terms that apply to certain offerings of ours, the additional terms will control for that conflict – we will of course let you know about any additional terms that apply before you use any of those offerings. The Services and these Terms are governed by the laws of the Commonwealth of Massachusetts, U.S.A, excluding its conflict of law provisions. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the federal or state courts of the Commonwealth of Massachusetts, U.S.A, and you consent to personal jurisdiction in those courts. Even though we like you a lot, we have not formed any type of legal partnership or other similar relationship by virtue of these Terms, use of the Services or use of feedback that you provide us. We may assign our rights and obligations under these Terms, but you may not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will continue to be valid and enforceable. We have included section headings in these Terms to make the Terms easier to follow, but the headings themselves should not affect how the Terms are interpreted. If you are not in compliance with these Terms and we haven’t taken any action yet, we reserve the right to take action in the future.