VANISHH TERMS OF USE

 

1. INTRODUCTION

These terms of use (collectively, this “Agreement”) constitute an agreement between you and CryptoMill Inc. (“CryptoMill”, “we”, “our”), the developer of the Vanishh application in standard or pro versions (“Vanishh”). Vanishh offers you the capability to send and receive encrypted email messages, through Internet-based devices, that will be self-destroyed after a pre-determined amount of time through Vanishh (“Services”).

PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE THEY WILL APPLY TO YOUR ACCESS TO AND USE OF THE SERVICE, AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CRYPTOMILL. BY USING THE SERVICES, YOU ARE INDICATING YOUR UNDERSTANDING OF, AND AGREEMENT TO BE BOUND BY, THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT USE THE SERVICES.

CryptoMill may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the www.vanishh.com website or in updates to Vanishh, and you agree to be bound by any changes to this Agreement when you continue to use the Services after those changes are posted.

 

2. REGISTRATION

You must register with us and create an account in order to use the Services (“Account”). To create an Account, you will need to provide a sign-in name, a password, and additional information that may assist in authenticating your identity when you log-in in the future (“Credentials”). The Credentials can only be used by you. You are solely responsible for making sure that you keep your Credentials secure and safe. You are solely responsible for the confidentiality and use of your Account and Credentials, as well as for any use, misuse, or communications entered through the Services through your Credentials. You will promptly inform CryptoMill of any need to deactivate a sign-in name or password, or change any Credentials. We reserve the right to delete or change your Account and Credentials at any time and for any reason. CryptoMill will not be liable for any loss or damage or liability caused by or resulting from your Account or use of your Credentials, including any unauthorized use.

3. GRANT OF LIMITED LICENSE

Subject to the terms of this Agreement, CryptoMill grants you a limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Services solely for your personal and your own non-commercial, personal purposes. This license is revocable at any time. When you submit encrypted User Data (as defined below) to CryptoMill or use the Services, you hereby grant to CryptoMill, a non-exclusive, royalty-free, worldwide, sublicensable and transferable license to process your encrypted User Data in connection with the Services. CryptoMill does not externally share, copy or modify User Data as it is encrypted and it cannot be read by CryptoMill.

To the extent any open source or third party software may be included with Vanishh, such software is covered by the license terms, if any, for such software.

 

4. USER DATA

The Services allow for the transmission of content and materials by you (“User Data”), the hosting and storing of such User Data in encrypted form, and the decryption and display to addressees of your User Data. Vanishh will only transfer your User Data in encrypted form not readable by CryptoMill, and CryptoMill will not store any User Data except in such encrypted form. You shall be solely responsible for your own User Data and the consequences of storing or transmitting them. CryptoMill assumes no responsibility whatsoever in connection with or arising from User Data. CryptoMill does not endorse and has no control over the content of User Data transmitted by other users. You may also receive User Data through the Services, if you are an addressee of the sender of User Data. CryptoMill reserves the right to prevent you from transmitting or receiving User Data and to restrict or remove User Data for any reason at any time.

The Vanishh Privacy Policy (www.vanishh.com/privacy) is hereby incorporated into this Agreement by reference. Please read the Vanishh Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of your personal information and User Data. By using the Services, you consent to CryptoMill’s collection and use of User Data, including your personal information, in place at the time when the data is collected, as described in the CryptoMill Privacy Policy.

 

5. FEES AND PURCHASE TERMS

You will have a trial period to try Vanishh and after the trial period if you choose to subscribe to the Services, you agree to pay all applicable fees, if any, and applicable taxes incurred by you or anyone using an Account registered to you. YOU ACKNOWLEDGE THAT CRYPTOMILL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED FEES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 

6. INTELLECTUAL PROPERTY

The Services and all content, visual interfaces, information, graphics, images, text, design, compilation, computer code, products, software, trademarks, service marks, trade names and services (collectively, the “Content”) are the property of CryptoMill or its subsidiaries or affiliated companies or third party licensors. The Content presented to you as part of the Services, may be owned by us or by third parties and is protected by intellectual property rights under both Canadian and foreign laws. You have no rights in or to the Content and you will not use the Content except as permitted under this Agreement.

 

7. RESTRICTIONS AND PROHIBITED ACTIVITIES

In addition to the other restrictions outlined in this Agreement, you agree and warrant that you will not:

• use or access the Services unless you are 18 years or older. If you are under 18 years of age, you must have the consent of your parent or legal guardian to use or access the Services;

• reproduce or attempt to reproduce Vanishh, or modify, create, translate or adapt any derivative works of Vanishh or attempt to do the foregoing;

• use the Services in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, (including by taking pictures of another individual without receiving that individual's consent), and import or export control;

• compromise the security of Vanishh or the Services;

• use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit the Services or other users from fully enjoying the Services, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

• use any robot, spider, crawler, scraper or other automated means or interface to access the Services, to extract data or Content, or to bypass or access measures we may use to prevent or restrict access to the Services;

• send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;

• decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of Vanishh, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;

• circumvent, remove, damage, disable or interfere with Vanishh or any technology, features or measures in Vanishh, or attempt to access areas or features of the Services that you are not authorized to access, including using or attempting to use another user’s account without authorization;

• impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;

• engage in any harassing, intimidating, predatory or stalking conduct;

• remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on Vanishh or used in connection with Vanishh;

• distribute, encumber, buy, sell, rent, lease, sublicense, transfer, publish, disclose or otherwise offer in exchange for any compensation, Vanishh or access to your Account or Credentials;

• develop any third party applications that interact with User Data or the Services; and

• use, or otherwise encourage or promote the use of the Services for any purpose that is illegal, unauthorized, beyond the scope of their intended use, or otherwise prohibited in this Agreement, including any content that is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any person or entity; or promotes illegal or harmful activities or substances.

We reserve the right, but are not obligated, to remove or disable access to the Services or any User Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Data to be objectionable or otherwise in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

8. FEEDBACK

You agree that any feedback, suggestions, ideas or other information or materials, regarding CryptoMill or the Services, that you provide whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of CryptoMill. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights).

 

9. THIRD PARTY SITES

The Services or emails that you send or receive may include links to other websites or services solely as a convenience to users. CryptoMill does not endorse or make any representations regarding any such linked websites or any information or materials accessible through other linked websites. CryptoMill disclaims all liability relating to your use of such linked websites.

10. EXPORT CONTROL

Vanishh originates in Canada, and is subject to export laws and regulations of Canada, the United States and other countries. Vanishh may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from Canada. In addition, Vanishh may be subject to the import and export laws of other countries.

11. COPYRIGHT POLICY

To the extent possible, we will promptly process and investigate notices of alleged infringement, and will take what we deem to be appropriate actions under the law, including applicable intellectual property laws. On receipt of notices complying or substantially complying with legal notice requirement, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for users and account holders who are repeat infringers. Notices of claimed infringement should be directed to: CryptoMill Technologies, Suite #2000, 372 Bay Street, Toronto, Ontario, Canada. M5H 2W9.

 

12. TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

 

13. DISCLAIMERS

THE SERVICES, AND ANY THIRD PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRYPTOMILL, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CRYPTOMILL AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND CONDITIONS. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES OR CONDITIONS.

 

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CryptoMill and its partners, employees, contractors and affiliates from any and all liability, loss, claim and expense, including legal fees, related to your violation of this Agreement or use of Vanishh or of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and you agree to cooperate with our defense of such matter.

 

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRYPTOMILL AND ITS PARTNERS, EMPLOYEES, CONTRACTORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY OTHER TYPES OF DAMAGES OR LOSSES, RELATING TO THE SERVICES, EVEN IF CRYPTOMILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST CRYPTOMILL FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES.

IF, NOTWITHSTANDING THIS AGREEMENT, CRYPTOMILL IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT, CRYPTOMILL'S LIABILITY SHALL IN NO EVENT EXCEED $1.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

 

16. ARBITRATION AND WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CRYPTOMILL AGREE TO ARBITRATE ANY DISPUTE ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES. YOU AND CRYPTOMILL AGREE THAT ANY ARBITRATION WILL OCCUR IN ONTARIO, CANADA. WHETHER A DISPUTE IS HEARD IN ARBITRATION OR IN COURT, EACH PARTY SHALL WAIVE THE RIGHT TO COMMENCE A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING OR ANY RIGHT TO A JURY TRIAL.

 

17. APPLICABLE LAW AND FORUM

This Agreement shall be interpreted and enforced in accordance with the laws of the Province of Ontario. Subject to Section 16, a lawsuit, if any, by you or CryptoMill against the other shall occur in the courts of Toronto, Ontario.

 

18. MISCELLANEOUS

This Agreement constitutes the entire agreement between you and CryptoMill concerning the subject matter hereof and supersedes all prior oral or written understandings.

The parties have expressly requested and required that this Agreement and all related documents, either present or future, be drawn up in the English language only. Les parties déclarent qu'elles exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.

If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.