SecuWine AS – Terms of Service
1. GENERAL
SecuWine AS offers a cloud communications service (“Service”) that lets you communicate through Internet. The service deliver end-to-end voice and video calls with encryption for Android an IOS smartphones and tablets, through the service named SecuWine. These Terms of Use (the “Agreement”) is a legal binding agreement between you the user (”You”) and SecuWine AS. References to “we,” “our” and “us” refer to SecuWine AS, while “you”, “your” and “user” refer to the user.
BY USING THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
2. USER ACCOUNT
To use the Service you need to set up a SecuWine account.
When registering for a user account the user subscribe for a period for one month. After the initial month the subscribtions for the account are for a period of one month and will be billed periodically. The User’s credit card will be charged automatically when a subscription is renewed. All payments are up-front and non-refundable.
3. LICENSE TO USE THE SERVICE
When a User has subscribed for an account in compliance with SecuWine AS´s instructions, SecuWine AS provides the User the right to use the Service.
The User shall only use the Service within the purpose and with the limitations and instructions provided by SecuWine AS.
SecuWine AS grants you a non-exclusive, non-transferable, non-sublicensable license to install and execute the Service only for the purpose of using the Service.
The Service and its structure, organization, source code and documentation contain trade secrets of SecuWine AS. SecuWine AS is the sole owner of the Service and the software utilized to provide the Service and all the related documentation.
The Service allows the User to make encrypted voice and video calls through the Service SecuWine. By using the Service you acknowledge that SecuWine AS has no knowledge of or control over any digital content sent through or used with the Service and SecuWine AS can therefore not be held responsible or liable in any way neither for the use or content of the digital communication.
The User may not make commercial use of the Service, including but not limited to selling or distributing the Software or Service to any third party.
4. RENEWALS, CANCELLATION AND TERMINATION
Subscriptions are automatically renewed when the current subscription period ends. The User can at any time Cancel his Subscription. When the Subscription is Cancelled, the Subscription will not be renewed at the end of the Subscription period.
SecuWine AS has the right to Terminate the User’s User account if the User acts in a manner that is not compliant with this Agreement.
5. CHANGES IN CONTACT INFORMATION
The User shall notify SecuWine AS about changes in email address and other matters of importance immediately by doing this from the profile in the app SecuWine, as this is neccasary for running the application. The User is solely responsible for any costs that may occur from failure to update User information or by providing incorrect information.
6. COLLECTION OF USAGE INFORMATION
SecuWine AS may collect information about system usage with the intention of improving the service. This includes statistics and performance metrics related to the software. This information is sent to SecuWine AS and may be used by SecuWine AS without restrictions.
7. REQUIREMENTS TO USE THE SERVICE
To use the Service, you’ll need to have a smartphone of Android or IOS operating system, or tablets. You understand and agree that the Service may include certain communications from SecuWine AS, such as service announcements and administrative messages, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. SecuWine AS may also send you promotional offers and news about SecuWine AS, but you can opt out from receiving those communications at any time.
The User is solely responsible and liable for any activity that occurs under his/her username. . The User’s username is personal and may not be shared with any third party. If Users become aware of any misuse of their account, they must notify SecuWine AS immediately.
SecuWine AS is free to amended the User Terms at its own discretion. The amended terms will be valid and in force when the new terms are displayed at our web page.
8. ACCEPTABLE USE AND CONDUCT
You may not resell accounts or any account features.
SecuWine AS assumes no responsibility for data and communication transfers. SecuWine AS reserves the right to block access and use of the Service and/or Terminate the User account and content if the User in SecuWine AS’s sole discretion violates this agreement.
9. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
UNDER NO CIRCUMSTANCES SHALL SECUWINE AS OR ITS SUPPLIERS, RESELLERS OR PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE SERVICES EVEN IF SECUWINE AS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF SECUWINE AS, AND ITS SUPPLIERS, RESELLERS AND PARTNERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO SECUWINE AS OVER THE LAST SIX (6) MONTHS FOR THE SOFTWARE OR SERVICE. IF THE SOFTWARE AND SERVICE ARE PROVIDED WITHOUT CHARGE, THEN SECUWINE AS AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SECUWINE AS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS. THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILES, TABLETS OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.
10. CHANGES TO THE SERVICE AND TERMS AND CONDITIONS
SecuWine AS reserves the right to modify the terms and conditions of the Agreement and the Service upon renewal of the Agreement. SecuWine As also reserves the right to cancel, modify, suspend or terminate the Service, fully or on in part, after having notified the User via email at least 30 (thirty) days preceding the cancellation of Service. SecuWine AS will post all changes to the Terms of Use on our website and give information regarding changes on Twitter. SecuWine AS reserves the right to change the prices of running subscriptions. The new prices will be notified to the User by App Store and Google Play. Changes will take effect by next subscription period, ie. subscription month.
11. MISCELLANEOUS
SecuWine AS reserves the right to transfer this agreement to a third party. SecuWine AS will give users notification of such change.
12. LEGAL JURISDICTION
This Agreement is governed by and construed in accordance with Norwegian laws. For any legal disputes arising out of this Agreement, jurisdiction falls to the Court of Stavanger, Norway.
13. CUSTOMER SERVICE
For questions about the service, please contact customer service via email on support@secuwine.com. SecuWine AS will strive to answer all requests within a reasonable timeframe.
14. CONTACT INFORMATION
SecuWine AS
Org.nr: NO 916575343 MVA
Email: support@secuwine.com
Address: SecuWine AS, Moseidveien 35, 4033 Stavanger, Norway.
Phone: +47 981 07 542