priVapp®’s Beta Test Terms of Service and Privacy
By downloading ESQ you Agree and accept the terms set forth in the documents below
BETA END USER LICENSE AGREEMENT
Last Updated: 11-13-16
We will provide a beta version of the PriVapp Service (“Service”) and related software (“Software”) to you subject to the terms of this End User License Agreement. By using the Service or Software, you agree to be bound by this Agreement and use the Service and Software in compliance with this Agreement.
BEFORE YOU CLICK ON THE “I ACCEPT AND AGREE” BUTTON, CAREFULLY READ THE TERMS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT AND AGREE” BUTTON OR OTHERWISE USE THE SERVICE OR SOFTWARE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN
YOU MUST NOT USE THE SERVICE OR INSTALL THE SOFTWARE. IF YOU DO NOT INSTALL THIS SOFTWARE, PLEASE DESTROY OR DELETE ALL COPIES IN YOUR POSSESSION.
The terms “you,” “your,” and “yours” refer to you, the customer using the Service or Software. The terms “PriVapp,” “we,” “us,” and “our” refer to PriVapp Inc. We may periodically make changes to this Service and License Agreement and you may view the most current version at www.PriVapp.com It is your responsibility to review the most recent version of our Service and License Agreement frequently and remain informed about any changes to it.
PriVapp has not commercially released the Service or the Software, and the Service and Software have not yet been tested like other commercially released services or software that you may use. Therefore, it is likely that the Service and Software will contain errors, including errors that may cause the Service Software or your computer or device to malfunction or cause a loss of data. If you do not wish to accept the risk of errors in the Service or Software, please do not install or use them. Furthermore, PriVapp is not obligated to correct errors, correct the effects of errors (e.g., fix your computer or recover lost data), or provide any technical support related to use of the Service or Software.
To help PriVapp prepare the Service and Software for commercial release, PriVapp is providing you with a access to the Service and a copy of the Software so that you can test and evaluate the Service and Software and provide feedback concerning the Service and Software, including identifying potential errors and improvements (“Feedback”). You hereby grant PriVapp the unrestricted right to use your Feedback, including to use your Feedback to improve the Service and Software and create other products and services without payment of compensation to you.
The Service and Software have not been made available to the public and PriVapp desires to maintain the confidentiality of the Service and Software until it is commercially released. Accordingly, you will take reasonable steps to maintain the confidentiality of and not disclose to any third party that is not testing the Service and Software: (a) the terms of this Agreement, (b) all non-public information disclosed by PriVapp to you under this Agreement, and (c) all Feedback, Service and Software performance data, and all other information obtained through your testing and evaluation of the Service or Software. Furthermore, in order to protect the trade secrets and proprietary know-how contained in the Software, you will not decompile, disassemble, or reverse engineer the Software.
You must register for and maintain an account with us to use the Service. When registering, you must provide accurate and complete information about yourself and promptly update this information. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service.
Only you are authorized to use your account to use the Service and conduct other activities with us. You are responsible for all activities that occur through your account. To protect your account from unauthorized use, keep your, Invitation ID(s) and Authorization Code(s), user identification and password secure and do not provide this information to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security.
As of the date stated above, the Service and Software are provided to you free of charge. We reserve the right to change our fees or billing methods at any time by providing you notice of any change at least 30 days
in advance. If any change is unacceptable to you, you may terminate your account by responding to our notice within 30 days of receipt.
You have the right to terminate your account at any time. Termination of your account is your sole right and remedy with respect to any dispute with us regarding the Service, the Software, or this Agreement.
We may terminate your account at any time for any reason by providing you with notice in any reasonable manner, including via email and via notices posted on the Service.
Your rights under this Agreement will terminate automatically if you breach any part of this Agreement.
Access to the Service; Modifications to the Service
We do not provide you with the equipment to access the Service or use the Software. You are responsible for all fees charged by third parties to access the Service (e.g., data charges by wireless carriers).
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Service.
You must comply with all applicable laws, including U.S. export control laws, when using the Service and Software. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available through the Service or Software (“Service Content”) or compile or collect any Service Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Service Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service, Software, or Service Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service or Software; (f) use the Service or Software in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service, Software, or Service Content.
License to Software
Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to (a) install and use one copy of the Software on an unlimited number of personal computers and (b) install and use one copy of the Software on an unlimited number of mobile devices, in each case solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. This license expires when our beta test program is completed andyou will be required to remove the Software from all personal computers and mobile devices at that time.
Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or disable any security or technological features or measures in the Software.
Links and Third Party Content
The Service and Software will enable you to store third party content and may contain links to third party products, services, and websites. We exercise no control over the third party content, products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party content, products, services, and websites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party content, products, services, and websites.
Disclaimer of Warranties
YOUR USE OF THE SERVICE, SOFTWARE, AND SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICE, SOFTWARE, AND SERVICE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRIVAPP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE CONTENT, AND YOU RELY ON THE SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRIVAPP OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED INTHIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, PRIVAPP DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT PRIVAPP IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of Liability
PRIVAPP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRIVAPP HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE, SOFTWARE, AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL PRIVAPP’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHERANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO PRIVAPP FOR THE SERVICE OR SOFTWARE, AND (II) $100. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with a description of the copyrighted work or other intellectual property that you claim has been infringed, a description of where the material that you claim is infringing is located on the Service, your address, telephone number, and email address, and a statement by you that this information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please report this information by email to help@PriVapp.com.
You will indemnify and hold PriVapp, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service, Software, or Service Content, your violation of this Agreement, or your violation of any rights of a third party through use of the Service, Software, or Service Content.
Updates to this Service and License Agreement
We may occasionally update this Beta Service and License Agreement. When we do, we will revise the “last updated” date on the Beta Service and License Agreement. You should check this Service and License Agreement frequently to see recent changes. By continuing to use your account, the Service, or Software, you consent to any updates to this Service and License Agreement. This version of the Beta Service and License Agreement supersedes all earlier versions.
This Service and License Agreement is governed by the laws of the State of California, excluding conflicts of law principles. Any legal actions against us must be commenced in the State of California within one year after the claim arose. You consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.
If you have any questions or concerns about this End User License Agreement or the Service or Software, please send us a thorough description by email to info@PriVapp.com.
Last Updated: 11-13-2016
“ Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
THE SERVICE COLLECTS YOUR INFORMATION
We collect Personal Information when you:
• sign up for an account for the Service; and
• communicate with us.
We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Service.
Using the Service.
We collect the information you submit when you sign up for an account for the Service. For example, we may ask for your name and email address.
Customer Support. We may collect Personal Information through your communications with our customer-support team.
Cookies, Automatic Data Collection, and Related Technologies. The Service may collect and store information that is generated automatically as you use it, including your preferences and anonymous usage statistics.
When you use the Service, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Service may not work properly. By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service.
HOW PRIVAPP USES YOUR INFORMATION
We use Personal Information to
• facilitate and improve our services; and
• communicate with you.
We may use aggregate information for any purpose, including for marketing purposes.
Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes only and may provide it to third parties to allow us to facilitate the Service. We may use and retain any data we collect to provide and improve our services.
Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
Marketing. We may use information, including Personal Information, to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
Aggregate Data. We may anonymize and aggregate data collected through the Service and use it for any purpose.
PRIVAPP MAY DISCLOSE YOUR INFORMATION
We may share your information:
• with our third-party service providers;
• to comply with legal obligations;
• to protect and defend our rights and property; and
• with your permission.
We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Service.
Marketing. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. We may allow access to other data collected by the Service to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information and other account information if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.
We will not disclose your Personal Information with your permission.
We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Service is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at email@example.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
By using the Service, you will transfer data to the United States.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.
UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION
PO Box 29587
San Francisco, CA 94129
415 994 2508