Terms and Conditions
This document was last updated on May 15, 2023.
These terms and conditions (“Agreement”) set forth the general terms and conditions of the Teradact family of websites, including the Teradact website to which this Agreement is incorporated (each, a “Website” or “Service”), and any of their related products and services (the “Related Services”, and collectively with each Website or Service, the “Services”). All products or Related Services that incorporate the TokenizerPlus functionality, are governed by this Agreement.
This Agreement is legally binding between you (“User”, “you” or “your”) and the Website operator, Teradact Acquisition LLC (“Operator”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. If you have executed an active End User License Agreement or other specific license agreement with Operator (a “Customer Agreement”), the terms of such Customer Agreement shall control over the terms of this Agreement to the extent there is a conflict for so long as your Customer Agreement is in effect.
By accessing and using any of the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Services. Please also review our Privacy Policy, which describes our data practices with respect to personal information collected from your use of the Services.
This Agreement contains two parts. In the first place, the General Terms and Conditions, and in the second place, special terms and conditions that are applicable to certain of Operator’s websites that provide tokenizing functionality, including, without limitation the TokenizerPlus website, Tokenizer website and others referenced herein, including the functionality thereon, and the Related Services. To use the Services, you agree to both parts of this Agreement.
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and thereof and supersedes all prior agreements and understandings, oral or written, with respect to such matters, which the parties acknowledge have been merged into such documents, exhibits and schedules. All clauses of the General Terms and Conditions are applicable to each Website and the Related Services and cannot be deviated from. Both the General Terms and Conditions and the specific clauses regulate the use of the Websites and its Related Services. They should be read together as a whole.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS REQUIRE THAT YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND WAIVE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT. If you do not agree to this Agreement, do not use the Services or the Websites.
1. General Terms and Conditions
Eligibility to use the Services
No one under 18 is allowed to use the Services. By using the Services, you represent, warrant, and agree that: (1) you can form a binding contract with Operator; (2) you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; and (3) you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
License to use the Services
As between you and us, Operator (and its licensors) is the owner of the Services, including all proprietary content, information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and “look and feel” of the Services, and all related intellectual property rights. Subject to this Agreement, Operator grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is for the sole purpose of using and enjoying the Services in a way that this Agreement allows. You may not use the Services in ways that are not authorized by this Agreement.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
User Content
Whenever you make use of a feature that allows you to upload content (“Content”) to our Services, or to make contact with other users of our Services, you must comply with this Agreement, including without limitation the section below headed “Prohibited uses”.
You warrant that any such contribution complies with this Agreement, and you will be liable to the Operator and indemnify us for any breach of the foregoing warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
You retain all of your ownership rights in your Content, and any third-party shall retain ownership rights in their Content that is uploaded to our Services, but you are required to grant us a limited license to use, store and copy that Content and to distribute and make it available to third parties, including other users of the Services. When you upload or post Content to our Services you grant us the following rights: (1) a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated Content solely in order to provide our services and make the Services available, to expire when the Content is deleted from the Website or Related Services; and (2) a worldwide, non-exclusive, royalty-free, transferable license for other users to use the Content for their own purposes. You must also ensure that you have the right to upload Content to the Website. We will process any personal information in accordance with our Privacy Policy.
Please note that if you provide feedback or suggestions, you grant us the right to use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to each Website constitutes a violation of their intellectual property rights or of their right to privacy.
While we’re not required to do so, we may access, review, screen, and delete your Content at any time and for any reason, including to provide and develop the Services or if we think your Content violates this Agreement.
None of the Users of the Services should rely on information shared via the Services. The Content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content of our Services.
We make no representations, warranties or guarantees, whether express or implied, that the Content on our Services is accurate, complete or up to date.
When our Users post Content to our Services, whether that Content is posted publicly or sent privately, the Content is the sole responsibility of the User or entity that submitted it. Although we reserve the right to review or remove Content that appears on the Services, we do not necessarily review all of it. Accordingly, we do not guarantee that other Users or the Content they provide through the Services will be suitable for your use or access or otherwise comply with this Agreement.
Digital Millennium Copyright Act (DMCA)
If you are a copyright owner or an agent of a copyright owner and believe that any Content on the Services infringes upon your copyrights (other than Content that was previously uploaded by you to the Services), you may submit a notice pursuant to the DMCA by contacting us at it@teradact.com or mail at 400 W. Broadway St., Suite 101-423, Missoula, MT 59802. If a copyright owner is under the age of 13, a DMCA notice must be submitted by a parent, guardian, or other adult representative. Your notice must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. See 17 U.S.C. § 512(c)(3) for further details.
If your Content was removed or disabled as a result of a DMCA notice, and you believe that your Content is not infringing or that you have the proper authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to Publish and use the material in your Content, you may send a counter-notice to us at it@teradact.com or mail at 400 W. Broadway St., Suite 101-423, Missoula, MT 59802. Any counter-notice submitted on behalf of a User under the age of 13 must be submitted by a parent, guardian, or other adult representative. When we receive a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed Content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the Content, the removed Content may be replaced or access to it restored, in our sole discretion, within 10 to 14 business days or more after our receipt of the counter-notice.
It is our policy to: (i) remove or disable access to Content that we know to be infringing on the intellectual property rights of third parties or that has been identified in a valid DMCA notice submitted by a valid copyright owner or their agent; and, (ii) in appropriate circumstances, to block access to the Services by any user who repeatedly or egregiously infringes the copyrights or other intellectual property rights of third-parties.
Backups
We are not responsible for any Content residing on the Services. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
The Operator is not responsible for any data breaches, loss of data, or any other act that would expose your data that was submitted through each Website or the Related Services.
Suspension or withdrawal of Website and Services
The Operator does not guarantee that the Services, or any Content thereon, will always be available or be uninterrupted. We may suspend, withdraw, terminate, or restrict the availability of all or any part of our Services for business and/or operational reasons.
Although, the Operator will try to give you reasonable notice of any suspension or withdrawal, the Operator shall have no obligation to do so.
Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on each Website. Your linking to any other off-site resources is at your own risk.
Prohibited uses
Without limiting the foregoing, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) to reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service; (j) use or develop any third-party applications that interact with the Services or other Users’ content or information without our written consent; (k) for any obscene or immoral purpose; (l) to upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence; (m) probe, scan, or test the vulnerability of our Services or any system or network; or (n) to interfere with or circumvent the security features of each Website and the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Viruses
We do not guarantee that our Services will be secure or free from bugs or viruses. You agree not to exploit any errors or bugs you discover when using our Services. You agree to immediately report any such vulnerabilities you discover to it@teradact.com.
You are responsible for configuring your information technology, computer programs and software to access our Services. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Services, the server on which our Services are stored, or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity, or any other relevant information, to them. In the event of such a breach, your right to use our Website will cease immediately.
Account details, encryption keys or other information part of security procedures
If you choose, or you are provided with, a password, encryption keys, or URL created with the one of the Websites or the Related Services, including without limitation the TokenizerPlus website, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party and you must store it securely.
You should make use of cross-signed device verification for devices accessing your account and minimize the number of verified devices by periodically reviewing and removing unused, lost or stolen devices.
We have the right to delete any created Secret, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Agreement.
If you know, or suspect that anyone other than you knows, your password or encryption key, or URL created with one of the Websites or Related Services, you must promptly notify the Operator. This contact is possible via: it@teradact.com.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
Limitation of liability; Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OPERATOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE OPERATOR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND OPERATOR THAT IN ANY WAY RELATE TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.
Operator will try work in good faith to resolve any issue you have with the Services, if you bring that issue to the attention of Operator’s at it@teradact.com. However, Operator cannot provide any guarantees regarding the outcome(s) in this regard.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Operator agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
You and Operator agree that any dispute, claim, or controversy arising out of or relating in any way to this Agreement, including your use of the Services, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to this Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Operator 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 any other contractual relationship between you and Operator.
YOU AND OPERATOR 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. Further, unless both you and Operator agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class 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 this Section to arbitrate provision is found to be unenforceable, then (a) the entirety of this Section shall be null and void, but the remaining provisions of this Agreement shall remain in full force and effect; and (b) the exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Montana.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes. Every time you wish to use our Services, please check this Agreement to ensure you understand the terms that apply at that time.
General Provisions
We reserve the right to investigate and prosecute any suspected or actual violations of this Agreement. We may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
We control and operate the Services from our offices in the United States, and we make no representation that the Services are appropriate or available for use beyond the United States. If you use the Services from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content if and to the extent local laws apply. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service, or other feature described or available through the Services to any person, entity, geographic area, or jurisdiction at any time and in our sole discretion and to limit the quantities of any content, program, product, service, or other feature that we provide.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
This Agreement does not create or confer any third-party beneficiary rights. If we do not enforce a provision in this Agreement, it will not be considered a waiver. We reserve the right to transfer our rights under this Agreement and provide the Services using another entity, provided that entity upholds this Agreement. You may not transfer any of your rights or obligations under this Agreement without our consent. We reserve all rights not expressly granted to you.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
The Operator does not guarantee any immediate response to any of your emails.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
2. Specific terms regulating the Use of TeraDact Tokenization Products and Services, including the websites for RedactorPlus, TokenizerPlus, Tokenizer, TokenizerPlus, Tessera Security, Tessera, Plus and other applicable TeraDact websites.
Description of Website and Related Services
The TeraDact Websites with tokenization functionality (“Tokenization Websites”), including without limitation the TokenizerPlus website (“TokenizerPlus”), allow Users to encrypt data and share it a single time with another party or yourself. The result of this process is called a “Secret” for purposes of the Tokenization Websites and this Agreement.
Each time a Secret is created, a unique URL is created (further described as ‘Secret URL’). This Secret URL contains the necessary information to decrypt the Secret upon retrieval.
The Secret can be shared a single time via the Secret URL, and is after first time retrieval, deleted from our database.
The functionality of the Tokenization Websites, as described above, can be incorporated by the Operator in other websites, services or products (in this Agreement described as Websites and Related Services) owned and distributed by the Operator. All terms and conditions incorporated in this Agreement are applicable to the Tokenization Websites.
WARNING: MESSAGES AND OTHER DATA SHARED THROUGH SECRETSPLUS ARE DESIGNED TO PERMANENTLY DELETE AFTER RETRIEVAL AND ONLY ACCESSIBLE THROUGH THE PROVIDED URL. YOU WILL NOT BE ABLE TO RECOVER DATA DELETED AFTER RETRIEVAL OR IF YOU LOSE THE SECRET URL. YOU ARE RESPONSIBLE FOR BACKING UP YOUR DATA. WE DO NOT OFFER RECOVERY FEATURES FOR SECRETSPLUS MESSAGES/DATA.
DESPITE ENCRYPTING MESSAGES AS SET FORTH HEREIN, WE MAKE NO GUARANTEE THAT YOUR MESSAGE OR DATA WILL BE PROTECTED OR SECURE. YOU ARE RESPONSIBLE FOR THE SECURITY OF YOUR SECRET URL. ANYONE THAT HAS YOUR SECRET URL WILL BE ABLE TO RETRIEVE YOUR MESSAGE/DATA. YOUR MESSAGE/DATA MAY BE ACCESSIBLE BY LAW ENFORCEMENT AGENCIES AND NOTHING HEREIN SHALL PROHIBIT OPERATOR FROM COMPLYING WITH LAW ENFORCEMENT ORDERS OR REQUESTS.
WITHOUT LIMITING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE THAT YOU WILL NOT USE SECRETSPLUS IN VIOLATION OF APPLICABLE LAWS, REGULATIONS, OR COURT OR LEGAL ORDER, NOR WILL YOU USE SECRETSPLUS TO ENCOURAGE ANY THIRD PARTY TO DO SO.
Applicability of General Terms and Conditions
All General Terms and Conditions as set forth herein, apply to the Secrets created by the User of the Tokenization Websites. By creating a Secret or by retrieving a shared Secret, the User accepts all the terms and conditions stipulated in this Agreement.
User Content
The Operator does not own the contents of any Secret. It is solely the creator of the Secret who has the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content as set forth in this Agreement.
No Secrets can be created, shared or retrieved in violation of any laws applicable to the User or to the Operator.
Although the Secrets are encrypted, the Operator might have the legal obligation to share these Secrets with law enforcements agencies or other third parties in case of legal violations.
Backups and data storage
The nature of the Secret, as described above, causes the Secret to be deleted when the Secret is retrieved using the Secret URL. The Operator is not responsible for any data that was lost because the data was deleted after the retrieval of the Secret, or because the URL was accessed in any other way, causing the Secret to be deleted. The User is fully aware of this functionality and its implementation.
Operator maintains the right to delete any Secrets. This is specifically, although not exclusively, the case when the Secret would be created in violation of this Agreement, or in case the Secret would maintain a violation of any laws or regulations applicable to the User or the Operator.
Secret URL
The Secret URL created by the Tokenization Websites should be used to access the Secret created by the User. Without the correct Secret URL, the Secret cannot be accessed, retrieved, decrypted and deleted. The User of the website is solely responsible for the URL. The Operator will not be responsible for the loss of any URL created by the User, and thus not for any data that cannot be accessed, retrieved, decrypted and deleted by the User because of the loss of the URL.
The User of the URL is responsible for keeping the URL safe. The User should treat the created URL via the Tokenization Websites as confidential. It is up to the User who created the Secret to decide with whom the Secret is shared, and the Operator does not accept any responsibility in case the URL is shared with wrong or malicious third parties and the Secret (including the data included in the Secret) is exposed.