Terms of Use for Secure Shield Password Manager
Last Updated: October 1, 2024
1. Introduction and Acceptance of Terms
Welcome to Secure Shield Password Manager ("Secure Shield," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the Secure Shield application, website, and any related services (collectively, the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all other operating rules, policies, and procedures that may be published from time to time on the Service by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. If you do not agree to these Terms, you must not use the Service.
Secure Shield is designed to help you manage your online passwords, enhance your digital security, and provide features such as Email Breach Check, Password Reliability Score, and an advanced Password Generator. Our mission is to make digital security accessible and simple for everyone.
2. Eligibility and User Accounts
2.1 Eligibility
You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations.
2.2 Account Registration
To access certain features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate, complete, and current at all times. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected].
Important Note on Master Password: Secure Shield operates on a zero-knowledge architecture. This means your master password is never stored on our servers, nor can it be reset by us. It is crucial that you remember your master password, as we cannot recover it for you. Loss of your master password will result in permanent loss of access to your encrypted data.
3. License to Use the Service
Subject to your compliance with these Terms, Secure Shield grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Secure Shield application on your personal device(s) and to access and use the Service for your personal, non-commercial use. Any commercial use of the Service requires a separate written agreement with Secure Shield.
4. Prohibited Conduct
You agree not to:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right.
- Interfere with security-related features of the Service, including by (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law.
- Interfere with the operation of the Service or any user’s enjoyment of the Service, including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service.
- Perform any fraudulent activity including impersonating any person or entity, or falsely claiming an affiliation with any person or entity.
- Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials.
5. Fees and Payment
Certain features of the Service may require payment of fees. You agree to pay all applicable fees and taxes incurred by you or anyone using your account. We reserve the right to change our prices at any time. All fees are non-refundable unless otherwise stated in our Refund Policy. If you purchase a subscription, your subscription will automatically renew at the end of each subscription period unless you cancel it. You are responsible for all charges incurred under your account, whether made by you or another person using your account.
6. Third-Party Services and Linked Websites
The Service may contain links to third-party websites or services that are not owned or controlled by Secure Shield. Secure Shield has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your interactions with organizations and individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and individuals.
7. Intellectual Property Rights
The Service and all materials contained therein, including without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of ABP COMPANY SRL SEMPLIFICATA and its licensors (collectively, "Materials"). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Materials.
8. Disclaimers; No Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SECURE SHIELD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SECURE SHIELD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SECURE SHIELD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL SECURE SHIELD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL SECURE SHIELD BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECURE SHIELD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SECURE SHIELD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SECURE SHIELD HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SECURE SHIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10. Indemnification
You agree to defend, indemnify, and hold harmless Secure Shield and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, 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: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) your violation of any applicable law, rule, or regulation; (e) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
11. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the State of California, USA, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Fresno County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
12. General Provisions
12.1 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by Secure Shield on the Service, shall constitute the entire agreement between you and Secure Shield concerning the Service.
12.2 Severability
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
12.3 No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Secure Shield’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.4 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Secure Shield without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
12.5 Contact Information
For any questions regarding these Terms, please contact us at:
ABP COMPANY SRL SEMPLIFICATA
1330 7th St, Sanger, CA 93657, USA
Email: [email protected]
Phone: +1559632420738