Terms and conditions of use of the EEZY KEYZ® email encryption product
1. Parties to and concluding the contract
The Parties to this contract are IPRA Technologies Ltd (hereafter “the Supplier”) and the user of the product that it offers (hereafter “the User”). The User must be a natural person, who acts for himself/herself or on behalf of a legal entity.
These terms and conditions of use can be modified by the Supplier. They constitute the entire contract between the Supplier and the User. The User agrees to comply with this contract by accepting these terms and conditions of use when the User registers on the Supplier’s website, and downloads the operating program of the EEZY KEYZ® product (hereafter “the Product”), and thereafter each time the User uses the Product. To use the Product, the User must accept in full these terms and conditions of use. By so doing, the User also accepts the privacy statement, which can be read on the Supplier’s website.
Description of the offered Product and the subject of the Contract
EEZY KEYZ is a high-quality automatic email encryption product. Its use is based on downloading to the User’s device a device- and operating system -specific operating program. These terms and conditions of use are also applied to any new features that enhance or expand the Product, and to any amendments to the current Product.
The subject of the contract between the Supplier and the User is a non-exclusive, non-transferable, and terminable license to use the Product.
3 Payments and taxes
The User will be charged based on the pricelist found on the Supplier’s website, or based on a separate express agreement between the Supplier and the User. The available payment methods are described on the Supplier’s website.
The Supplier offers no refunds. No refunds or credit will be granted for subscriptions that are terminated before the subscription period ends.
By using the Product, the User explicitly accepts that the Supplier has the right to charge any applicable fees in accordance with the pricelist.
Except for value added tax, the User is responsible for paying any taxes that may be imposed on the User through use of the Product. Value added tax will be added to the prices automatically when the User:
1. lives in Finland, or
2. lives in any other EU member country, and fails to provide during the registration process a valid VAT number, which is required by the laws of Finland and by the applicable EU directives.
The Supplier has the right to make changes to the valid fees, or to add new fees onto the pricelist. Such changes will take effect 30 days from the moment they have been published on the Supplier’s website. If the User uses the Product after such changes have taken effect, the User will be charged the price for use of the Product specified in the new pricelist.
4 Changes to the Product
The Supplier reserves the right to make changes to the Product at any time, or to discontinue at any time the delivery of the Product or part of the Product, either temporarily or permanently. The User accepts that the Supplier will not be responsible to the User or any third parties for any modifications the Supplier has made to the Product, or for disruption or discontinuation of its delivery.
5 Liabilities and responsibilities of the User
5.1 The User must:
1. Ensure that he or she is authorized and competent to sign a contract with the Supplier in his or her name or on behalf of the legal entity that he or she represents;
2. Ensure that he or she does not, while using the Product, violate any of the laws or regulations applied to the use of the Product including the laws and regulations on transferring personal data of EU citizens to a non-EU country;
3. Ensure that he or she does not violate any contracts with third parties when using the Product;
4. Ensure that he or she does not, when using the Product, unreasonably disturb the use of the Product by the Supplier’s other customers;
5. Store the account details and password of the Product carefully and in a safe place;
6. Keep active the email address he or she has provided to the Supplier during registration, and notify the Supplier without undue delay if the said email address changes.
5.2 The User must not:
1. Act in any way that reduces the opportunities of other users to use the Product;
2. Disturb or damage the Product or the servers or networks used to distribute the Product, or neglect any requirements, operating methods, procedures, or rules of the telecommunications networks used to distribute the Product;
3. Use the Product with any other applications than those offered or expressly approved of by the Supplier;
4. Sell the Product or combine the Product with a Product offered by the User or a third party; or
5. Let third parties use the account details of the Product or let several people or legal entities distribute the account details.
The Supplier has no access to the User’s emails that have been encrypted using the Product.
The User frees from all responsibility the Supplier and its affiliates, partners, office personnel, representatives, employees, business partners, and license issuers as regards all claims made by the User or by a third party that relate to the contents of emails the User has encrypted using the Product.
6 Rights, liabilities, and responsibilities of the Supplier
6.1 Basis of the Product and its offering
The Supplier will deliver the Product in the form that it is available on the Supplier’s website. The User uses the Product at his or her own risk. The Supplier and its affiliates, partners, office personnel, representatives, employees, business partners, and license issuers do not give any direct or indirect guarantees on the Product. The Supplier does not guarantee, for example, that the Product is suitable for any specific purpose or any specific business operations. Neither does the Supplier guarantee the ownership of the Product or the integrity of the copyrights relating to the Product.
The Supplier has an unlimited right to use subcontractors in offering the Product.
6.2 Limitations of the Supplier’s guarantee and liability
The Supplier will only be responsible for defects that are caused by a violation of these terms and conditions of use, provided that such a violation is a direct result of deliberate or gross negligence of the Supplier.
The compensational liability of the Supplier will never exceed the total amount of fees paid by the User to the Supplier in the three calendar months preceding the date on which the claim was made.
The Supplier will not be responsible for any damage that results from the failure of the User to comply with the commitments listed in section 5 of these terms and conditions of use.
The Supplier does not guarantee that:
1. The Product will meet the User’s requirements;
2. The Product will work without disruptions in a timely, safe, and error-free manner;
3. Results gained through the use of the Product will be accurate and reliable;
4. Any of the other products, services, information, or other materials that the User purchases or receives from the Supplier will meet the User’s expectations; or that
5. Any errors observed in the Product software will be corrected.
The User will use all materials downloaded or otherwise acquired through the Product at his or her own risk, and will be solely responsible for any damage to his or her devices, files, or software that result from the download of such materials.
None of the oral or written instructions or information received by the User from the Supplier contain any kind of guarantee or warranty to the User.
The Supplier or its service producers or subcontractors are not responsible to the User for any direct, indirect, or punitive damages that are caused by:
1. Use of the Product or prevention of its use;
2. Replacement of the Product or the goods, information, or services purchased or received in connection to the Product with products, goods, information, or services delivered by a third party;
3. Unauthorized access or changes to the User’s messages and information;
4. A third party statement or procedure relating to the Product; or
5. Lawfulness of the Product or its use in any judicial system based on valid or amended laws or regulations.
6.3 Limitations of liability relating to third party actions
The Supplier cannot control email traffic that the User has encrypted using the Product, or the flow of information to or from the Supplier. Such flow of information depends on the operation of online services that are offered or administered by third parties. At times the actions or neglects of such third parties can reduce or disrupt the User’s internet access (either completely or in part). Even though the Supplier aims to take all commercially reasonable measures that it considers necessary to correct or prevent such events, the Supplier does not guarantee undisrupted internet traffic to the User. The Supplier does not guarantee the flawless operation of any online services provided or administered by third parties.
7 Immaterial rights of the Supplier and third parties
The User acknowledges and accepts that the Supplier or a third party has the ownership of or access right to the Product and all software used with the Product and that such ownership or access right is protected by valid immaterial rights and legislation. The User also acknowledges and accepts that any information presented to the User by any person or organization that sell, sponsors, or advertises the Product are protected by copyright, trademark, patent, or other rights and regulations.
The User must not modify, rent, loan, sell, distribute or develop the Product and related software parts or derivative parts without a prior express consent of the Supplier.
The Supplier has no access and no rights to the contents sent or stored by the User using the Product. The User grants the Supplier the following global, unremunerated, and non-exclusive licenses concerning any contents that the User has specifically made available in the public parts of the Product: a permanent, irrevocable, and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display, either in full or in part, such content, and to merge such content with other contents in any form or media currently known or developed later.
Provided that identifying details are removed, the Supplier can always use for statistical purposes the User information that is saved on the Product website or sent to the Supplier. The Supplier can also publish statistics for marketing and communications purposes in a manner that ensures the anonymity of the User.
8 Force majeure
The Supplier or the User cannot be held responsible for any error, delay, or operational disruption that is due to a force majeure situation such as natural forces, industrial action, lack of goods, revolts, war, fire, epidemics, or other such circumstances that are beyond the control of the Supplier or the User. The liabilities and rights of the party that is exempted from its contractual liability based on this section will be extended by a period that corresponds to the duration of the circumstance that entitled the Party to the exemption.
9 Terminating the contract and lowering the service level
9.1 Termination of the contract by the User and lowering the service level
The User can at any time terminate the subscription of the Product or, if the Product is available in different versions, change the service level of the valid subscription. The change can only be made on the Supplier’s website by providing the information needed to terminate the subscription or to lower its service level. The termination or lowering of the service level will take effect immediately and cannot be cancelled. The Supplier will not refund the fees charged for the Product or any other fees charged for subscriptions that are terminated before the present subscription period ends.
9.2 Termination of the contract by the Supplier
The Supplier has the right to terminate the User’s account with immediate effect in the following situations:
1. At any time if the User violates these terms and conditions of use;
2. At any time if the any of the fees under this contract cannot be collected from the User;
3. When the customer deliveries of the Product are discontinued for any reason.
9.3 Consequences of a lowered service level
Lowering the service level can result in loss of content or loss of information sent or arriving from the maintenance server of the Product, and in the loss of features and capacity. The Supplier will not be responsible for any information that is lost in connection to lowering of the service level.
9.4 Consequences of termination
When the account is terminated, all information concerning the User’s account is destroyed immediately. This information cannot be restored in any circumstances.
10 Changes to these terms and conditions of use
The Supplier has the right to make changes to these terms and conditions of use without the prior consent of the User or of a third party. The Supplier will notify the User through its website of all vital changes.
If the User continues to use the Product after the changes to these terms and conditions of use have taken effect, the User is deemed to have accepted such changes.
The Supplier will send to the User notifications relating e.g. to these terms and conditions of use or the pricing of the Product by email or the Supplier will publish them on its website.
12 Links to other websites
Websites that maintain the Product or third parties websites can contain links to other websites or sources. Because the Supplier has no control over such websites or sources, the User acknowledges and accepts that the Supplier is not responsible for the existence of such external websites or sources, nor for any content, advertisements, products, or other material contained within. The User also acknowledges and accepts that the Supplier will not be held responsible, either directly or indirectly, for any damages that result from the use of or trusting in any such content, product, or services.
13 Transferring of the contract
The Supplier has the right to transfer the Product including the contract made between the Supplier and the User to a third party. The user is notified of such a transfer in accordance with section 11. The User has no right to transfer the contract made between the Supplier and the User to a third party without a prior express consent of the Supplier.
14 Applicable Law
These terms and conditions of use and the contract between the User and the Supplier is covered by Finnish law.
Any disputes arising from or in connection to these terms and conditions of use and the contract between the User and the Supplier are settled by Helsinki District Court.
16 Waiver and independence of provisions
If the Supplier fails to assert a right or provision under these terms and conditions of use, this does not prevent the Supplier from exercising such a right or provision later. If any of the provisions of these terms and conditions of use are declared invalid by a competent court, the parties agree that the court will attach to the provision the mutual intent of the parties that is evident from the provision, and will keep other provisions of these terms and conditions of use in force.
17 Prescription provisions
The User accepts that regardless of the laws and regulations, all claims or complaint that relate to the Product, the use of the product, or these terms and conditions of use must be made within one year from the moment the grounds for such a claim or complaint were established.
These terms and conditions of use and other legally binding material and documents are available as Finnish and English versions, which have identical contents and are equally binding on the parties. However, the Finnish version is the official version and will prevail in case of disputes.
The headings of these terms and conditions of use have been added for ease of reading only, and are not part of these terms and conditions of use.
20 Validity period and contacts
These terms and conditions of use will take effect on 15 October 2016.
All questions concerning these terms and conditions of use must be submitted to the Supplier to email@example.com