Sekur Terms of Use

Where the context admits: "Sekur", "We", "Our" & "Us" includes Sekur as a service of GlobeX Data S.A., Geneva, Switzerland and its affiliated companies. Sekur is a Swiss hosted secure Peer-to-Peer an messaging online and mobile cloud storage service that allows Members to send and receive secure emails, text chats, voice, video and filesstore passwords and files online or between mobile devices, access them remotely and share them with other Sekur Users, and non Sekur Users in the case of the secure email.

The services offered by Sekur include the www.Sekur.ch website and other websites operated by Sekur (the "Sekur Websites"), the Sekur software applications ("Applications") and any other features, content, or applications offered from time to time by Sekur in connection with the Sekur Websites (collectively, the "Sekur Services").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Sekur Services. By using the Sekur Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Sekur Websites) or you are a "Member" (which means that you have registered with Sekur). The term "User" refers to a Visitor or a Member. You are only authorized to use the Sekur Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Sekur Websites and discontinue use of the Sekur Services immediately. If you wish to become a Member, share data with other Members and make use of the Sekur Services, you must read this Agreement and indicate your acceptance during the registration process.

Sekur may modify this Agreement from time to time and such modification shall be effective upon posting by Sekur on the Sekur Websites. Sekur will inform Members by email about such modifications. If you do not agree with such modification you have the right to terminate your membership with Sekur. You agree to be bound to any changes to this Agreement when you use the Sekur Services after the modification has been posted for at least one month. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

1. Use Of The Sekur Services

Use of and Membership in the Sekur Services is void where prohibited.

By using the Sekur Services, you represent and warrant that:

• all registration information you submit is truthful and accurate;
• you will maintain the accuracy of such information;
• you are 18 years of age or older;
• your use of the Sekur Services does not violate any applicable law or regulation;

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another Member at any time or to disclose your password to any third party. You agree to notify Sekur immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

You will not use the Sekur services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

Without limiting the foregoing, you will not use the Sekur services for any of the following activities:

• criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spimming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• advertising to, or solicitation of, any Member to buy or sell any products or services through the Sekur Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Sekur Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
• interfering with, disrupting, or creating an undue burden on the Sekur Services or the networks or services connected to the Sekur Services;
• attempting to impersonate another Member or person;
• using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
• selling or otherwise transferring your Membership;
• using any information obtained from the Sekur Services in order to harass, abuse, or harm another person. Sekur has a zero tolerance policy for objectionable content or abusive users and will immediately take actions against any user that has been flagged for objectionable content or abusive behaviour;
• using the Sekur Services in a manner inconsistent with any and all applicable laws and regulations;
• We shall use our reasonable efforts to make available to you at all times the Sekur Services but we shall not, in any event, be liable for interruptions to or unavailability of the Sekur Services.

1A. Use Of The Sekur Services When Purchased from a Third Party via an online business application marketplace. ("Third Party")

The following additional terms apply if the end user purchases the application from a Third Party via a business application marketplace;

• All the Terms of this Agreement are between the end user and Sekur, and not between end user and the Third Party or any of its partners.
• Sekur and not the Third Party or any of its partners is solely responsible for the applicable Application,
• Sekur, and not the Third Party or any of its partners, is solely responsible for any applicable warranty, support, product liability, intellectual property infringement, and similar obligations and liabilities with respect to the Application,
• End user is of majority age and capable of entering into a binding contract
• End users may contact Sekur directly at listed, valid contact information.
• End users licenses or rights of usage are in no case granted for more than one year after the expiry of the last subscription.
• Contract between Third Party and End User.

In addition to the Sekur Terms of Use, the end user is bound by the contract between the Third Party and the end user for the provision of service ("Third Party Contract"). The following variations to the Sekur Terms of Use apply and will be superseded by the terms of the Third Party Contract;

• Billing and payment terms – All billing and payment terms (including changes to charges and minimum periods of service) are as set out in the Third Party Contract. Paragraph 4 of the Digital Terms of Use does not apply.
• Free Trial Period - The Third Party will be entitled to commence charging as set out in paragraph 5 below, however the billing and payment terms including any minimum period of service will be as set out in the Third Party Contract.
• Termination – Additional termination conditions such as payment of any outstanding charges and any applicable charges may apply in the Third Party Contract, where the end user terminates the contract in accordance with paragraph 6 below.

2. Content

Sekur does not claim any responsibility for, or ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials and information (collectively, "Content") that you upload to the Sekur Services.

You represent and warrant that your uploading any Content to the Sekur Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content uploaded by you to the Sekur Services.

Without limiting the foregoing, you will not upload any Content to the Sekur Services which:

• is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, child pornography, bestiality, violence, or offensive subject matter or contains a link to an adult website;
• solicits personal information from anyone under 18;
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses that;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• involves commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• includes a photograph of another person that you have uploaded without that person's consent;

By using the facilities of the Sekur Services to make Content available to other Users ("Shared Content") you represent and warrant that you own the Shared Content or otherwise have the right to grant the license set forth in this section;

Sekur assumes no responsibility for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any Content you upload to the Sekur Services.

You are solely responsible for the Content that you upload to the Sekur Services, and any material or information that you transmit to other Members and for your interactions with other Users. Sekur does not endorse and has no control over the Content. Content is not reviewed by Sekur and does not necessarily reflect the opinions or policies of Sekur. Sekur makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Sekur assumes no responsibility for monitoring the Sekur Services for inappropriate Content or conduct. If at any time Sekur chooses, in its sole discretion, to monitor the Sekur Services, Sekur nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User uploading any such Content.

The Sekur Services contain Content of Sekur (Sekur Content"). Sekur Content is protected by copyright, trade secret and other laws, and Sekur owns and retains all rights in the Sekur Content and the Sekur Services. Sekur hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Sekur Content (excluding any software code) solely for your personal use in connection with viewing the Sekur Website and using the Sekur Services.

3. Copyright Policy

You may not share, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Sekur to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Sekur by the copyright owner or the copyright owner's legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Sekur Services in a way that constitutes copyright infringement, please provide Us with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Sekur Services;
• your address, telephone number, and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

4. Fees

All charges payable by you for the Sekur Services shall be in accordance with the scale of charges and rates published from time to time by Us on Our web site, errors and omissions excepted and shall be due and payable in advance of provision of the Sekur Services.

We reserve the right to alter pricing including ceasing to offer elements of the Sekur Services free of charge at any time. Sekur will inform Members by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.

Payment is due each anniversary month, quarter or year following the date the Sekur Services were established until closure notice is given in accordance with 6.2. If you choose to payby credit or debit card you authorize Sekur to debit your account renewal fees from your card.

All fees for our services are due in advance and your contract will automatically renew on its anniversary month, quarter or year at which point fees for the following month, quarter or year become payable. If you wish to cancel your contract with Sekur, you must do so in accordance with clauses 6.1 – 6.3 before the renewal of your contract.

If your Membership is terminated in accordance with 6.3, you will be entitled to a pro rata refund based upon the remaining period of prepayment. You will not be entitled to a refund under any other circumstances. Any refund will be issue to the same payment source used for the initial payment.

5. Free Trial Period

Where services are offered on a "free trial" basis payment will not be taken but your credit card may be required to benefit from the "free trial".

The renewal date for the contract shall be deemed to be one month, quarter or year following the advertised free trial period.

If you wish to cancel your contract during the free trial period you may do so in accordance with clause 6.2 below.

If you upgraded your service to a paid version prior to the end of the free trial period the fees for the first month, quarter or year of your service will become due.

6. Term and Termination

This Agreement shall remain in full force and effect while you use the Sekur Services or are a Member. Even after Membership is terminated, this Agreement will remain in effect.

You may terminate your Membership at any time, for any reason via the Close Account form in the My Account or Settings section.

Sekur may suspend the provision of Sekur Services to you and/or terminate your Membership without notice to you if you:

• fail to pay any sums due to Us as they fall due.
• breach any term of this Agreement.
• are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.

7. Privacy

Use of the Sekur Services is also governed by our Privacy Statement found on the Sekur Websites.

8. Indemnity

You shall indemnify Us and/or our Third Party and keep Us and/or our Third Party indemnified and hold Us and/or our Third Party harmless from and against any breach by you of this Agreement and any claim brought against Us and/or our Third Party by a third party resulting from the provision of the Sekur Services by Us and/or our Third Party to you and your use of the Sekur Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Us and/or our Third Party in consequences of your breach or non-observance of any of the terms of this Agreement including if any Content that you post on the Sekur Websites or through the Sekur Services causes Sekur to be liable to another.

9. Limitation of Liability

Sekur will not be responsible for any incorrect or inaccurate Content uploaded to the Sekur Websites or in connection with the Sekur Services, whether caused by Users of the Sekur Services or by any of the equipment or programming associated with or utilized in the Sekur Services.

Sekur is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Sekur Services or combination thereof.

Sekur is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any Content you upload to the Sekur Services.

The Sekur Website may contain links to other websites. Sekur is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Sekur. Inclusion of any linked website on the Sekur Services does not imply approval or endorsement of the linked website by Sekur. When you access these third-party sites, you do so at your own risk. Sekur takes no responsibility for third party advertisements which are posted on this Sekur Website or through the Sekur Services, nor does it take any responsibility for the goods or services provided by its advertisers.

Sekur is not responsible for the conduct, whether online or offline, of any User of the Sekur Services.

All conditions, terms, representations and warranties relating to the Sekur Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under Swiss law.

Nothing in these terms and conditions shall exclude Our liability for death or personal injury resulting from Our negligence.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Sekur Services shall be limited to the charges paid by you to Sekur or to the Third Party in respect of the services, which are the subject of any such claim.

In any event no claim shall be brought unless you have notified Us of the claim within one month of it arising.

In no event shall We be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

10. Non-Waiver

Any forbearance or failure by Us to enforce a provision to which you are subject shall not affect Our right to require such performance at any subsequent time, nor shall the waiver or forbearance by Us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

11. Law

This Agreement shall be governed by and construed in accordance with Swiss law and you hereby submit to the exclusive jurisdiction of the Swiss courts.

12. Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

13. Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to this Agreement, you confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement.