This End User License Agreement (“EULA”) explains the relationship between you and Privafy, Inc. (“Privafy”) and applies to your use of Privafy’s AppEdge or CloudEdge software application (or any other applications or tools made available to you by Privafy (collectively, the “Application”). BY ACCESSING OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT WISH TO BE BOUND BY THIS EULA, DO NOT USE THE APPLICATION.
Right to Use the Application
Subject to the terms of this EULA (the “Service”), Privafy grants you a nonexclusive, nontransferable, revocable right to use the Application solely for your internal business purposes in connection with your use of the Service. You shall not (a) rent, lease, sublicense, distribute, transfer, copy, modify, create derivative works of, or time-share the Application, or (b) decompile, disassemble, reverse-compile, reverse-assemble, snoop or otherwise reverse-engineer the Application or use any similar means to discover the source code of the Application.
You agree that the Application constitutes proprietary intellectual property of Privafy or its licensors and that all right, title and interest in and to the Application, including all intellectual property rights embodied therein, shall at all times remain vested in Privafy or its licensors. You may not remove or modify any copyright and other proprietary notices included on the Application. Other than the express rights granted to you in this EULA, no rights or licenses are granted to you.
You agree that Privafy will have all rights to any feedback, results and/or other data (which may include suggested features, functionality, methods and techniques) regarding your use of the Application. As such, you assign all rights in the Feedback to Privafy.
Users will be asked to provide their email address and other information before accessing the Application. Under no circumstances may any user provide or use any other person’s email address without proper authorization or otherwise pretend to be someone they are not.
Compliance with Laws
You agree to comply with all applicable U.S. and international laws, statutes, ordinances and regulations, including those relating to the Internet, data, email and privacy.
Changes to this EULA
Privafy reserves the right to change this EULA at any time by updating this posting or by providing notice other appropriate notice. Therefore, it is important that you review this EULA regularly so you are aware of any changes. Your continued use of the Application following any change shall be deemed to be an acceptance of any such change. If you do not agree to any modification of this EULA, you must immediately stop accessing or using the Application.
Modifications to the Application
Privafy reserves the right at any time to modify or suspend access to the Application (whether on a temporary or permanent basis) with or without notice. Privafy will not have any liability associated with exercising this right.
This EULA are effective as of the date that you first access or use any part of the Application and shall remain in full force and effect for as long as you are permitted access to the Application. Your access to any or all parts of the Application may be suspended or terminated by Privafy at any time with immediate effect in the event of any violation of this EULA or any other terms or conditions applicable to the Application or otherwise in Privafy’s sole discretion. Following any such termination, you agree to immediately stop accessing and/or using the Application.
PRIVAFY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE), IN CONNECTION WITH THE APPLICATION. PRIVAFY PROVIDES THE APPLICATION “AS-IS,” WITH ALL FAULTS. FOR CLARIFICATION, PRIVAFY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH RESPECT TO THE OPERATION OR PERFORMANCE OF THE APPLICATION OR ANY RESULTS OBTAINED USING THE APPLICATION.
Limitation of Liability
PRIVAFY WILL NOT HAVE ANY LIABILITY FOR (A) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR (B) MONETARY DAMAGES OF ANY KIND IN EXCESS OF $50.00, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF PRIVAFY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, PRIVAFY WILL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH THE FUNCTIONING OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE APPLICATION OR ANY RESULTS OBTAINED FROM THE APPLICATION. IN ADDITION, PRIVAFY WILL HAVE NO LIABILITY WHATSOEVER RELATED TO YOUR USE OF THIRD-PARTY PRODUCTS AND SERVICES IN CONNECTION WITH THE APPLICATION.
You agree to indemnify and defend Privafy from and against all claims, losses, expenses, damages, liabilities, expenses and costs, including reasonable attorneys’ fees, resulting from (a) any violation of this EULA, (b) any violation of the rights of a third party, and (c) any use of the Application or any results obtained from it. Privafy reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement which affects the rights or obligations of Privafy may be made without Privafy’s prior written approval.
Neither party shall be responsible for any failure to perform its obligations under this EULA (other than obligations to pay money) caused by an event beyond its reasonable control, including but not limited to, wars, riots, labor strikes, natural disasters, the infrastructure of the Internet (including acts or omissions of service providers), technical problems or malfunctions with networks, telephone lines, computer systems, or software, or any law, regulation, ordinance or other act or order of any court, government or governmental agency.
The laws of Massachusetts will apply to this agreement and the courts of Massachusetts shall have exclusive jurisdiction over any claim. These EULA are the complete statement of our understanding regarding these matters, and no other document or discussion will apply. You agree that this agreement is personal to you and may not be transferred to anyone else without Privafy’s prior written consent. The disclaimers and limitations of liability above also benefit Privafy’s suppliers and licensors. The applicable sections of this EULA shall survive termination, including but not limited to, those concerning ownership, disclaimers of warranty, indemnification, and limitations and exclusions of liability. Privafy may provide notices under this EULA via email or by displaying a notice (or a link to a notice) via the Application. Privafy’s failure to insist upon or enforce strict performance of any provision of this EULA shall not be construed as a waiver of any provision or right. Any claim arising out of this EULA must be brought within one (1) year of the date on which the claim arose.