Terms of Use | Enpass

Terms of Use

Enpass Technologies Inc.
913 N. Market Street,
Wilmington,
DE 19801

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’t access your data. If you forget or lose your master password, all 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’t mean that your master password is not required in the future to use our apps. At any time, you may need to enter your master password. If you do not provide it when asked, you won’t be able to access your data. Your information 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’s registration with or without explanation.

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 – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related 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 ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED 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’s LIABILITY 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’s ability to post Member Content or to immediately terminate the Member’s membership without further notice to the 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’ intellectual property rights.

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:

  1. Violates any local, state, federal, or international laws
  2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
  3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
  4. Links directly or indirectly to any materials to which you do not have a right to link
  5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
  6. 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
  7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
  8. 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:

  1. Develop competing Platform
  2. Create compilations or derivative works as defined under United States copyright laws
  3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
  4. 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’s fees, related to your violation of this 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 – intellectual property and our 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.