You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with the Company and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
You are solely responsible for your conduct and your communications while using the Services. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
You acknowledge that the Company has no obligation to monitor any information or communications on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of communications, user posts, or any other information you are accessing, sending or receiving using the Services.
Communication and Sharing Information
The Services provide features that allow you to confidentially communicate and share information with others. There are many things that recipients of this information may do with it (for example, copy it, modify it, re-share it). Please consider carefully what you choose to communicate and share and with whom. The Company has no responsibility to you or any other person or entity for the use of the Services and the information you communicate and share.
You, not the Company, will be fully responsible and liable for what you communicate while using the Services. You must not use the Service for anything that would be a breach of any law. You must not communicate spyware or any other malicious software with the Service.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether you authorized that activity or not. You should immediately notify the Company of any unauthorized use of your account.
Software and Updates
Some use of our Services requires you to download and install a client software package (“Software”). Use of the Software is governed by the End User Licence Agreement ("EULA"). The Company hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms, or the EULA, in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms or the EULA. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of Switzerland, the United States and foreign countries. These Terms do not grant you any rights to use Enygma or Adminbox trademarks, logos, domain names, or other brand features.
Payment for Services
Due to their nature, the paid Services provided by the Company are non-refundable and any refunds or credits given will be at the sole discretion of the Company. In the event that you wish to no longer use our service, or wish you use a lower cost plan, you can cancel or downgrade your account at any time by logging into your account or by contacting our customer support center. If you downgrade or cancel, you will still have the opportunity to finish out any remaining time on your current subscription before any new changes take effect. Please note that if you decide to downgrade or cancel your account, you will not receive a refund for amounts you have already paid. Paid accounts which are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund. If the Company chooses to issue a refund for any reason, the Company is only obligated to refund in the original currency of payment. If you request a credit balance to be converted between different currencies which the Company supports, the Company has discretion over the exchange rate applied. We have the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities. You authorize the Company to charge any credit card supplied on a monthly or annually re-occurring basis. Credit balances will also automatically be deducted on a monthly or annual basis. You are responsible for keeping card information up to date. Paid accounts that become delinquent may be suspended or eventually deleted after an extended period of delinquency.
The Company respects the intellectual property rights of others and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Contact our designated agent for notice of alleged copyright infringement on the Services at email@example.com.
The Services may contain links to third-party websites or resources. The Company does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
You may stop using our Services at any time. We reserve the right to suspend or end the Services at any time. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt other use of the Services. If we suspend or terminate your use, we may let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
THE SERVICES AND SOFTWARE ARE PROVIDED AS-IS, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company does not make any warranty about the reliability of the Services and does not guarantee the security of user data despite best efforts. The Services are provided “as is” and you agree to not hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Services or failure in such performance. Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO THE COMPANY FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to website or terms page, so please check them regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.
These Terms shall be governed in all respects by the substantive laws of Colorado, USA. Any controversy, claim, or dispute arising out of or relating to the Agreement shall be subject to the jurisdiction of the competent courts of Colorado, USA. These Terms constitute the entire and exclusive agreement between you and the Company with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third-party beneficiary rights. The Company’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but the Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Last updated: May 12, 2020