1. Your Acceptance
2. Surespot Service
The surespot Service is a downloadable software application for mobile devices (or web service) which allows its users to send and receive encrypted messages and files including photo, voice and video (the "Service"). Software for the Service is free to download and free to use, except when you use surespot on a cellular network, rather than via Wi-Fi, in which case, standard data rates may apply, according to your wireless plan.
The surespot Service uses proven encryption strategies. Surespot does not guarantee that such encryption will not be able to be decrypted in the future by unauthorized third parties.
These Terms of Service apply to all users of the surespot Service. Information provided by our users through the Service may contain links to third party websites that are not owned or controlled by surespot. Surespot has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, surespot will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that surespot shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Surespot Access
A. Subject to your compliance with these Terms of Service, surespot hereby grants you a non-exclusive, limited, revocable and non-assignable license to use the Service, provided that your use of the Service as permitted is solely for your personal use, and you are not permitted to transfer, resell or charge others for use of or access to the Service, and you are not permitted to use the Service in any other manner inconsistent with these Terms of Service.
B. In order to access and use the share feature of the Service, you hereby give your express consent to surespot to access your contact list/address book on your mobile device to find email addresses and text numbers for the recipients you specify. We do not use, copy, modify, store or share user contact data.
C. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc. that accesses the Service in a manner that sends more request messages to the surespot servers in a given period of time than a human can reasonably produce in the same period by using the surespot application. Notwithstanding the foregoing, surespot grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archive of such materials. Surespot reserves the right to revoke these exceptions either generally or in specific cases. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. User Data
The surespot Service allows the submission of content and materials by you ("User Data"), and the hosting, storing of such User Data. You shall be solely responsible for your own User Data and the consequences of storing or transmitting them. Surespot assumes no responsibility whatsoever in connection with or arising from User Data or for actively monitoring User Data for inappropriate or illegal content. Surespot does not endorse and has no control over the content of User Data submitted by users. Surespot reserves the right to prevent you from submitting User Data and to restrict or remove User Data for any reason at any time. Surespot reserves the right to limit storage space provided to each User to 1000 messages or less. The oldest User Data will be permanently deleted automatically by the Service to accommodate new messages as needed.
5. Modification of This Agreement
Surespot may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the surespot.me site, and you agree to be bound by any changes to the Terms of Service when you continue to use the surespot Service after those changes are posted.
6. Usage Rules; Prohibited Conduct and Uses
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
(i) use the Service for any illegal purpose, or in violation of any laws, including without limitation, laws governing intellectual property, data protection and privacy, and import or export control;
(ii) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service;
(iii) intentionally interfere with or damage operation of the Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
(iv) post, store, send, transmit, publish, or disseminate any information or material which infringes or violates any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights of any party;
(v) use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission or use any modified versions of the Service for the purpose of obtaining unauthorized access to the Service.
(vi) try to trick or defraud anyone for any reason (e.g. by claiming to be someone you are not).
7. Export Control; Compliance with Laws
The Service contains encryption technology that is or may be specifically controlled for export by the United States government. As a result, you may not export, or otherwise transfer the Service to or into Cuba, Iran, Iraq, North Korea, Sudan or Syria or a resident of those countries or to any person on the Specially Designated Nationals List ("SDN") maintained by the United States Treasury or the Table of Denial Orders or Entity List maintained by the United States Department of Commerce. The SDN can be found at http://www.treasury.gov/resourec-center/sanctions/SDN-List. The Denied Persons List can be found at www.bis.doc.gov/dpl.
You also shall not, and you agree to not, knowingly export or transfer the Service to anyone outside of the United States without first obtaining a proper license and satisfying all requirements of International Traffic in Arms Regulations and/or the Export Administration Act. It is your responsibility to comply with foreign laws and regulations on encryption import, export or use. When you download the surespot application you are certifying to surespot that you are eligible to receive products exported from the United States, without any restrictions.
The surespot software associated with the Service originates in the United States, and is subject to United States export laws and regulations. The surespot software associated with the Service may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition the surespot software associated with the Service may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of surespot software used with the Service.
The service is controlled and offered by surespot from its facilities in the United States of America. Surespot makes no representations that the surespot Service is appropriate or available for use in other locations. Those who access or use the surespot Service from other jurisdictions do so at their own volition and are responsible for full compliance with any applicable laws.
8. Violations; Termination
You agree that surespot may terminate or suspend your access to the Service without prior notice and without liability if such termination or suspension is based on (a) surespot's good faith belief that you have violated any of the terms and condition of these Terms of Service, (b) surespot's determination that you infringe or violate or have infringed or violated the intellectual property rights of others, (c) extended periods of inactivity with respect to the Service. These remedies are in addition to any other remedies surespot may have at law or in equity. Surespot also reserves the right to terminate Free Accounts and free access to the Service at any time, with or without notice for any reason or no reason without any liability of any kind. Surespot reserves the right to terminate any account considered as squatting on a username, or accounts that are deemed as spammers, or violate any laws of the United States. SURESPOT WITHOUT NOTICE TO YOU MAY TERMINATE OR SUSPEND THE SERVICE AT ANY TIME, AND FOR ANY REASON WITHOUT ANY LIABILITY.
9. Disclaimers; No Warranties
YOU AGREE THAT YOUR USE OF THE SURESPOT SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SURESPOT, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SURESPOT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR:
(I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ASSOCIATED WITH THE SERVICE,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE,
(III) ANY UNAUTHORIZED ACCESS TO AND/OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, IF ANY, OR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR MESSAGES OR DATA TRANSMITTED OR STORED THROUGH THE SERVICE,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SURESPOT SERVICE. SURESPOT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SURESPOT SERVICE OR ANY HYPERLINKED WEBSITE, AND SURESPOT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.
10. Indemnification; Hold Harmless
You agree to defend, indemnify and hold harmless surespot, its affiliated companies, its suppliers, partners, members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or related to (i) your use of and/or access to the Service; (ii) your breach or violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property, property, or privacy right. Surespot reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to defend and indemnify us, and you agree to cooperate with our defense of these claims. The defense and indemnification obligation will survive these Terms of Service and your use of the surespot Service.
11. Limitation of Liability
IN NO EVENT SHALL SURESPOT, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES WHATSOEVER RESULTING FROM:
(I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ASSOCIATED WITH THE SERVICE,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS OR USE OF OUR SERVICE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, IF ANY, OR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR MESSAGES OR DATA TRANSMITTED OR STORED THROUGH THE SERVICE,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY,
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SURESPOT CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
(VIII) YOUR ACCESS TO OR USE OF THE SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE THAT SURESPOT WILL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL SURESPOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES EXCEEDING THE AMOUNT OF FEES YOU PAID TO SURESPOT FOR USE OF THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
12. Mobile Services
Surespot utilizes your mobile phone service to offer the Service. We do not charge you for these services, but be aware that your wireless carrier's normal data rates may apply and are your sole responsibility. Using certain mobile services may also be prohibited or restricted by your wireless carrier and/or mobile device manufacturer, and surespot may not work with all carriers or mobile devices.
13. Ability to Accept Terms of Service
By using our Service, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Service with legal parental or guardian consent only. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms of Service; otherwise, you shall not use the Service.In any case, you affirm that you are at least 13 years old as the surespot Service is not intended for children under 13.
14. Contact Information
If you have any questions about these Terms of Service, please contact us by email at marketing at 2fours dot com or by telephone at 970-316-2444. Where written notice is required, you may email the notice to marketing at 2fours dot com or send it by regular mail to: surespot 2995 55th Street #18034, Boulder, CO 80308, Boulder attn: Customer Service.
Surespot Terms of Service Version Date: July 25, 2013