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Enpass Technologies Inc.
1201, North Market Street Suite 111,
Wilmington, Delaware
USA –
Effective Date: May 28, 2020
Welcome to Enpass! We invite you to access our services, but please note that
your invitation is subject to your agreement with these Terms of Use. This page
represents a legal document and is the Terms of Use (Agreement) for our Website,
www.enpass.io, discussion.enpass.io, our mobile, web, and desktop applications,
collectively and hereinafter called Platform.
Definitions
The terms “us”, “we”, and “our” refer to our company Enpass Technologies Inc the
owner of the Platform. A “Visitor” is someone who merely browses our Platform. A
“Member” is someone who has registered with us to use our Platform. The term
“User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, design, and data offered through our Platform,
whether produced by our Members or by us, are collectively known as our
“Content”. We distinguish content posted by our Members as “Member Content”.
Member content does not include personal data saved by User in Enpass.
1. Acceptance of Agreement
This Agreement is between you and Enpass Technologies Inc.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR
LIABILITY TO YOU. PLEASE READ THESE TERMS OF USE CAREFULLY AND IN THEIR
ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR PLATFORM CONSTITUTES
ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND
EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR PLATFORM IMMEDIATELY
AND DO NOT USE THEM ANY FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only
Agreement between you and Enpass Technologies Inc and supersedes all other
Agreements, representations, warranties, and understandings about our Platform,
and the subject matter contained herein. However, for you to use our Platform,
you may also be required to agree to additional Terms of Use. Those additional
Terms of Use will be incorporated into this Agreement unless otherwise stated.
2. Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available for you
to review by clicking on this link.
3. Registration
It is not mandatory for you to register with us to use the trial features of our
Platform. However, some of the features may be available to registered users
only. At any time, we can change the availability of features without any notice
to Users.
You can register with us through our Platform by providing your email or using
various available sign-in methods like with Apple or Google. When you sign-in
through Apple, Google, or any other service, we may also receive your first and
last name. After registering, you will get a license (“Lite”, “Pro” or
“Premium”) solely for your use. You cannot distribute your license to any other
User to use related features without them registering with us. Doing so will be
treated as a breach of this Agreement leading to the permanent termination of
your account.
4. Master Password
To use our apps you will have to create a master password. It is used to
generate the encryption keys to encrypt your data when using our apps. Without
it, you can’
your data will be lost forever and cannot be recovered. You may use any
biometrics like the face or fingerprint recognition to access your data without
the need to actually providing your master password in our apps. However, it
doesn’
apps. At any time, you may need to enter your master password. If you do not
provide it when asked, you won’
becomes inaccessible because there is no way to recover the master password.
PLEASE NOTE: WE DO NOT STORE, HAVE ACCESS TO, OR HAVE ANY MEANS OF RECREATING OR
RETRIEVING YOUR MASTER PASSWORD OR ACCESSING YOUR DATA IF YOU LOSE YOUR MASTER
PASSWORD.
5. Subscription
Some features of our Platform are available on a subscription basis. At the end
of each billing cycle, your subscription may automatically renew under the same
conditions. You can cancel your subscription renewal from where you were billed.
For subscriptions, you are bound by the Terms of Use of the respective source of
purchase, for anything related to billing and refunds. Subscription levels,
features, and pricing are available at www.enpass.io/pricing. We, in our sole
discretion and at any time, may modify the fees for the subscriptions. Any
Subscription fee change will become effective at the end of the then-current
billing cycle as governed by the Stores.
6. Limited Right to Use
Unless otherwise specified, the viewing, printing or downloading of any content,
graphic, form or document from our Platform grants you only a limited,
nonexclusive license for use solely by you for your personal use and not for
republication, distribution, assignment, sublicense, sale, preparation of
derivative works or other use. No part of our Platform may be reproduced in any
form or incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use. While using our Platform, you
cannot redistribute your license (“Premium”, “Pro”, “Lite”) to anyone in any way
that can make them use the features bound to your account. Unless otherwise
specified, the developer tools and components, download areas, communication
forums, and product information are for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from our Platform.
7. Legal Compliance
You agree to comply with all applicable domestic and international laws,
statutes, ordinances, and regulations regarding your use of our Platform, and
any software provided therein.
8. Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or
employee-employer or franchisor-franchisee relationship between you and Enpass
Technologies Inc.
9. Our Intellectual Property
Our Platform may contain our service marks or trademarks as well as those of our
affiliates or other companies in the form of words, graphics, and logos. Your
use of our Platform does not constitute any right or license for you to use our
service marks or trademarks without the prior written permission of Enpass
Technologies Inc.
Our Content, as found within our Platform, is protected under the United States
and global copyrights. The copying, redistribution, use, or publication by you
of any such Content is strictly prohibited. Your use of our Platform does not
grant you any ownership rights to our Content.
10. Eligibility and Registration for Membership
Our Platform is intended solely for Users who are at least (16) years of age or
older. Any registration by, use of, or access to our Platform by anyone under
that age is unauthorized, unlicensed, and in violation of these Terms of Use. By
using our Platform, you represent and warrant that you are (16) years of age or
older and agree to abide by all the Terms of Use of this Agreement. Enpass
Technologies Inc has sole right and discretion to determine whether to accept a
Member and may reject a Member’
11. Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Platform will be error-free or
free from viruses or other harmful components. We do not represent or otherwise
warrant that the information available on or through our Platform will always be
correct, accurate, timely, or otherwise reliable. Enpass Technologies Inc
reserves the right at our sole discretion to change any content, software, and
other items used or contained in our Platform at any time without notice.
12. Disclaimer
Our Platform may publish content supplied by third parties, Users, advertisers,
merchants, and sponsors. Enpass Technologies Inc has no editorial control over
such content. Any opinions or other information or content expressed or made
available by third parties, including information providers and Users of our
Platform, are those of the respective author(s) and not of Enpass Technologies
Inc. We do not guarantee the accuracy or completeness, nor the legality of any
content provided by any of these parties.
You understand that we do not operate or control the products or services
offered by third-party merchants. These merchants are responsible for all
aspects of order processing, fulfillment, billing, and customer service. We are
not a party to the transactions entered into between you and merchants. You
agree that use of or purchase from such merchants is AT YOUR SOLE RISK AND
WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including
privacy policies), and operating procedures of merchants will apply to you while
on any merchant websites.
13. Warranty Disclaimer
Enpass Technologies Inc is not responsible or liable in any manner for any
Content posted on our Platform, whether posted or caused by Members of our
Platform, or by Enpass Technologies Inc. Although we provide rules for Member
conduct and postings, we cannot completely control and are not responsible for
what Members post, transmit, or share on our Platform, and are not responsible
for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable
content you may encounter using our Platform. Enpass Technologies Inc is not
responsible for the online or offline conduct of any User of our Platform.
Our Platform may be temporarily unavailable from time to time for maintenance or
other reasons. Enpass Technologies Inc assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, or alteration of Member communications.
Enpass Technologies Inc is not responsible for any technical malfunction or
other problems of any telephone network or service, computer system, server or
provider, computer or mobile phone equipment, or software, or for any failure of
email on account of technical problems or traffic congestion on the Internet, or
for any combination thereof – ’
other person’ –
to or resulting from the use or downloading of materials in connection with our
Platform, including, without limitation, any software provided through our
Platform.
Reference to any products, services, processes, or other information by trade
name, trademark, manufacturer, supplier, or otherwise does not constitute or
imply endorsement, sponsorship, recommendation, or any affiliation with our
Platform by third parties or by any of the equipment or programming associated
with or utilized by our Platform.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR PLATFORM ARE
PROVIDED ‘ ’ ‘ ’ ‘ ’
WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR
PLATFORM MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
ENPASS TECHNOLOGIES INC, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY
WHATSOEVER FOR YOUR USE OF OUR PLATFORM. ENPASS TECHNOLOGIES INC CANNOT ALWAYS
GUARANTEE SPECIFIC RESULTS FROM THE USE OF OUR PLATFORM, INCLUDING, BUT NOT
LIMITED TO, RELATED SOFTWARE. ENPASS TECHNOLOGIES INC DOES NOT REPRESENT OR
WARRANT THAT OUR CONTENT, PLATFORM, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR
OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR PLATFORM AT
YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND
ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER
HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN YOU AND ENPASS TECHNOLOGIES INC.
OUR PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR
PLATFORM WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
14. Limitation of Liability
IN NO EVENT WILL ENPASS TECHNOLOGIES INC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST
DATA ARISING FROM YOUR USE OF OUR PLATFORM, OR ANY RELATED SOFTWARE ACCESSED
THROUGH OR DOWNLOADED FROM OUR PLATFORM, EVEN IF ENPASS TECHNOLOGIES INC IS
AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, ENPASS TECHNOLOGIES INC’
TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES
ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING
RISE TO LIABILITY.
15. Member Conduct
As part of our Platform, members may post their content through our forums and
blogs (Member Content). Members and Visitors understand that by using our
Platform, they may be exposed to content that is offensive, indecent, or
objectionable. We do not have complete control over Member Content and do not in
any way guarantee its quality, accuracy, or integrity. Enpass Technologies Inc
is not responsible for the monitoring or filtering of any Member Content. Should
any Member Content be found illegal, Enpass Technologies Inc will submit all
necessary information to relevant authorities.
If any Member Content is reported to Enpass Technologies Inc as being offensive
or inappropriate, we may ask the Member to retract or otherwise modify the
questionable content within 24 hours of being notified by Enpass Technologies
Inc. If the Member fails to meet such a request, Enpass Technologies Inc has
full authority to restrict the Member’
immediately terminate the Member’
Member.
Without limiting the foregoing, we have sole discretion to remove any Member
Content that violates this Agreement or that is otherwise objectionable in our
sole discretion. Members are responsible for complying with all applicable
federal and state laws for their content, including copyright and trademark
laws.
You warrant that you will not use our Platform to infringe on the intellectual
property rights of others in any way. In accordance with the DMCA and other
applicable law, we have adopted a policy of terminating Members whom we deem, in
our sole discretion, to be infringers of others’
As a Member, you agree not to use our Platform to do any of the following:
Upload, post, or otherwise transmit any Member Content that: Violates any local,
state, federal, or international laws Infringes on any patent, trademark, trade
secret, copyright, or other proprietary rights of any party Harms, threatens,
defames, promotes violence or illegal activities, or is otherwise vulgar,
obscene, abusive, harassing, tortuous, libelous, invasive of another’
hateful, or racially, ethically, or otherwise objectionable Links directly or
indirectly to any materials to which you do not have a right to link Contains
any private information of any third party, including, without limitation,
addresses, phone numbers, email addresses, Social Security numbers, and credit
card numbers Contains software viruses or any other computer code, files, or
programs designed to interrupt, destroy, or limit the functionality of any
computer software or hardware or telecommunications equipment, or to extract
information from our Platform Contains any unsolicited or unauthorized
advertising, solicitations, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of solicitation In the sole judgment
of Enpass Technologies Inc is objectionable or restricts or inhibits any other
person from using or enjoying our Platform, or which may expose Enpass
Technologies Inc, our affiliates, or our Users to any harm or liability of any
type Use our Content to: Develop competing Platform Create compilations or
derivative works as defined under United States copyright laws Redistribute it
in any manner, including, but not limited to, sale, license, lease, rental,
subscription, or any other distribution mechanism Decompile, disassemble, or
reverse engineer our Platform, and any related software
16. Use of Information
You grant Enpass Technologies Inc a license to use the information and materials
you post to our Platform. By posting, displaying, transmitting, performing, or
otherwise distributing information or other content (“Member Content”) to our
Platform, you are granting Enpass Technologies Inc, its officers, directors,
employees, agents, consultants, representatives, and affiliates, a license to
use the Member Content in connection with the operation of the business of
Enpass Technologies Inc, its directors, employees, officers, affiliates,
representatives, consultants, and agents, including, without limitation, a right
to distribute, copy, transmit, publicly display, reproduce, translate, edit, and
reformat Member Content. You understand and agree that you will not be
compensated for any Member Content. By posting Member Content on our Platform,
you warrant and represent that you own the rights to the Member Content or are
authorized to post, display, distribute, perform, or transmit Member Content.
17. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including, but not limited
to, reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile, email
addresses, usage history, posted materials, and traffic information.
18. Linking to Our Platform
You may provide links to our Platform provided that (a) you do not remove or
obscure any portion of our Platform by framing or otherwise, (b) your services
do not engage in illegal or pornographic activities, and (c) you cease providing
links to our Platform immediately upon our request.
19. Links to Other Websites
Our Platform may from time to time contain links to third-party websites. The
inclusion of such links for any website on our Platform does not mean that we
endorse, guarantee, warrant, or recommend the services, information, content,
and/or data of such third-party websites.
Enpass Technologies Inc has no control over the legal documents and privacy
practices of third-party websites; you access any third-party websites at your
own risk. We recommend that you review the privacy notice and Terms of Use of
those websites to fully understand what information is collected and how it is
used.
20. Refund Policy
For subscriptions, you are bound by the Terms of Use of the respective Store and
for anything related to refunds.
21. Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights
under these Terms of Use will terminate without our notice if you fail to comply
with any term of these Terms of Use. Upon termination, you will stop
representing yourself as a registered Member. You must delete or destroy any
information or content (including all copies) obtained from our Platform.
Certain provisions of this Agreement, including, but not limited to, copyrights,
indemnity, trademarks, limitation of liability, warranty, and jurisdictional
issues will survive the termination of this Agreement.
22. Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third-party suppliers
of information and documents, attorneys, advertisers, product and service
providers, and affiliates free from any liability, loss, claim, and expense,
including reasonable attorney’
Agreement or use of our Platform.
23. Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion
will be construed consistent with applicable law and the remaining portions will
remain in full force and effect. To the extent that any Content is in conflict
or inconsistent with this Agreement, this Agreement will take precedence. Our
failure to enforce any provision of this Agreement will not be deemed a waiver
of such a provision, nor of the right to enforce such a provision. Our rights
under this Agreement will survive any termination of this Agreement.
24. Changes to Our Terms of Use
We reserve the right to change these Terms of Use at any time. We will also post
these changes on our Platform. These changes will become effective immediately.
To avoid doubt, no unilateral amendment will retroactively change agreed
dispute-resolution provisions of these Terms of Use, if any, including, for
example, arbitration provisions for then-pending disputes unless the parties
expressly agree otherwise. Your continued use of our Platform after any change
to these Terms of Use will constitute your acceptance of such change. If you do
not agree with the changes to these Terms of Use, you can choose to discontinue
the use of our Platform.
25. Arbitration
Any legal controversy or claim arising from or relating to this Agreement and/or
our Platform, excluding legal action taken by us to collect or recover damages
for or obtain any injunction relating to –
Platform, will be settled solely by binding arbitration following the commercial
arbitration rules of the American Arbitration Association. Any such controversy
or claim will be arbitrated on an individual basis and will not be consolidated
in any arbitration with any claim or controversy of any other party. The
arbitration will be conducted in Wilmington, Delaware, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof. You
or we may seek any interim or preliminary relief from a court of competent
jurisdiction in Wilmington, Delaware necessary to protect our or your rights or
property pending the completion of arbitration. Each party will bear half the
arbitration fees and costs.
26. Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in
Wilmington, Delaware, and will be governed by and construed in accordance with
the laws of the state of Delaware without regard to conflict of law provisions.
Also, you agree to submit to the personal jurisdiction and venue of such courts.
Any cause of action by you with respect to our Platform must be instituted
within one (1) year after the cause of action arose or be for ever waived and
barred.
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