Account

Verziunea română

Last updated 02.09.2022

TABLE OF CONTENTS

  1. AGREEMENT TO TERMS
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. PRODUCTS AND SERVICES
  5. PURCHASES AND PAYMENT
  6. PROHIBITED ACTIVITIES
  7. USER GENERATED CONTRIBUTIONS
  8. CONTRIBUTION LICENSE
  9. SUBMISSIONS
  10. SITE MANAGEMENT
  11. REFUND POLICY
  12. TERM AND TERMINATION
  13. MODIFICATIONS AND INTERRUPTIONS
  14. GOVERNING LAW
  15. DISPUTE RESOLUTION
  16. CORRECTIONS
  17. DISCLAIMER
  18. LIMITATIONS OF LIABILITY
  19. INDEMNIFICATION
  20. USER DATA
  21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  22. MISCELLANEOUS
  23. CONTACT US

  1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Optionalsix SRL ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.data2safe.com website, Data 2 Safe software ("Software") as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, SOFTWARE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site or Software so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site and Software after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site and Software from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

  1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and Software is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or Software and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download the Data 2 Safe software you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

  1. USER REPRESENTATIONS

By using the Site and the Software, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you are registering as the representant of a legal company providing us that company's details such as company name, registration ID, tax number;(4) you will not access the Site or the Software through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Site or the Software for any illegal or unauthorized purpose; and (6) your use of the Site and Software will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or Software (or any portion thereof). In such case you are not eligable for any refund regardless of any payment you have made.

  1. PRODUCTS AND SERVICES

  1. By registering an account at www.data2safe.com you gain the right to user your account and download our software and install it on your selected devices.
  2. By purchasing one of our subscription plans after you have registered your account you gain the right for a period of one year or more indicated under your user account subscriptions tab to use the services we provide for you.
  3. To continue the use of services after your paid period ends you need to renew your payment for another period of one year or more.
  4. Before your paid subscription ends we will notify you twice about the expiration both by the email address and the phone number you have provided for us. You hold the responsibility for the email address and the phone number you provide to us if they are correct and up to date. We do not hold reliable for any damage, loss, direct or indirect if the contact information you provided for us are incomplete, unfunctional, or you have no access to them. Notifications of ending subscriptions will be sent out within the last 30 days of the subscription period.
  5. After your paid period of time for our services ends you will have a grace period of 30 days to renew your subscription. In this 30 day grace period you have limited access to our services. Limited services defined: The software that you have downloaded from our site will have limited functions, it will no longer execute archive-backup tasks and functions. It will only grant you access to your past archives and backups.
  6. Hereby you acknowledge if the 30 day grace period ends without you renewing to one of the subscriptions, your rights to use our services will be terminated, and your archives will be permanently deleted from the storage systems that our website and software operates.
  7. After this 30 day grace period ends without renewal, you take no claim or legal action against us in any form for any damage, loss direct or indirect caused to you or the entity that you represent.
  8. If you would not like to use our services any longer after your paid period ends, you have a 30 Day grace period to download all your archives-backups from our system, before they get permanently deleted.
  9. All instruction manuals on how to properly use our software, website and your account are described in the FAQ section under your dashboard, when you log in to your account here: https://data2safe.com/index.php/authentication. Hereby you agree and state that you read them and understood them clearly before making any payments to us and using our services with the Data 2 Safe software. We do not hold responsible for any damage, loss direct or indirect caused by your misuse or improper use of the website, or the software.
  10. You understand and acknowledge that Data 2 Safe offers multilayered security systems, We are responsible for the following security systems:
    1. With the Data 2 Safe software we provide: encrypting your data, storing your data on our decentralized systems, protecting it from unauthorized access outside of the Data 2 Safe software, providing access to your data for you within the Data 2 Safe software if you have the access keys to your user.
    2. Generating new account passwords upon your request, providing you with functional software, and a website.
    You are responsible for the following security measures:
    1. You do not give out any login details to unauthorized personnel
    2. You create proper passwords in the Data 2 Safe software, according to our recommendations here: at least 12 character long, contains upper and lovercase, numbers and special characters, avoid using vocabulary words.
    3. You acknowledge that we do not store the data encryption passwords thus we can`t give it back nor replace these passwords. You are responsible for storing, memorizing these passwords. You acknowledge that without them you will not be able to access the content of the data packages that were archived in our system. Hereby you state that you`ll take no claim or legal action against us, if any damage, loss direct or indirect caused to you,or to your company by forgetting losing data archive passwords.
  11. Data 2 Safe and Data 2 Safe software will ask for the following permissions and do the following services:
    1. On your account page you can manage account related settings, initiate payments, and learn about the systems we use and how to operate them.
    2. Data 2 Safe software runs in high privilegded mode and will or may require you to give it access to your operating system by giving your operating systems password or operating system related password. This is needed in order for the software to operate properly in the background without manual interactions each time it performs archiving, in more detail it is used by the software to create an entry in the Windows Scheduler or any other operating system scheduler. Data 2 Safe software does not send, copy or otherwise use your operating systems password to any database or third party, not even us. Only the Data 2 Safe software asks for your operating system's password! No other interface in our system and no support staff or any other entity shall ask for your operating system`s password in any case in any form. If you encounter such thing, do not give out your password, and report the issue to us at seclerdev@gmail.com
    3. Data 2 Safe software will backup the selected folders at the end of every time cycle you have set. It will store the data in a way that you have set up in the settings. You can access this data only through the software by logging in to it with your login credentials. Your accessed data packages will be encrypted with a password which only you know, and which is not stored anywhere by us. For further information on how Data 2 Safe software works please read the FAQ section in your account dashboard.
  12. Data 2 Safe Subscriptions:
    1. Entry Level. This package provides you with an all time of 24Gib of storage space and a usage right to this storage space for 1 year. You can use this storage space and encryption services with the Data 2 Safe software downloaded from your account dashboard or from the Microsoft App store.
    2. Business Level. This package provides you with an all time of 96Gib of storage space and a usage right to this storage space for 1 year. You can use this storage space and encryption services with the Data 2 Safe software downloaded from your account dashboard or from the Microsoft App store.
    3. Enterprise Level. This package provides you with an all time 360Gib of storage space and a usage right to this storage space for 1 year. You can use this storage space and encryption services with the Data 2 Safe software downloaded from your account dashboard or from the Microsoft App store.
    4. Custom Level. This package is provided for you by us using the Get custom offer function under your dashboard in your user account. Here you request a storage size and we will deciede wether we apporve your request or not. It also provides you the usage rights to this storage space for 1 year. You can use this storage space and encryption services with the Data 2 Safe software downloaded from your account dashboard or from the Microsoft App store.
  13. Hereby acknowledge that we are not able to monitor the content you are archiving with our software. Further more hereby you state that you will not archive data that is not owned by you, or you do not have the rights to use them, or it is related to any illegal content or activity like, illegal pornography, confidental goverment documents protected by law, or any other criminal related material or activity. You acknowledge that only you are held responsible for the contents of the data pacakged that you archive on our systems.
  14. You acknowlede that prices for all products are subject to change.
  15. Summary: Data 2 Safe software and website provides you with data encryption, data upload, data storage and data download.

  1. PURCHASES AND PAYMENT

We accept the following forms of payment:

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

  1. PROHIBITED ACTIVITIES

You may not access or use the Site or Software for any purpose other than that for which we make the Site and Software available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site and Software, you agree not to:

Systematically retrieve data or content from the Site or Software other than data created by you and information related to this data, to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Site or Software, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site or Software and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site and Software.

Use any information obtained from the Site or Software in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site or Software.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site and Software or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or Software, or using or launching any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on the Site.

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

Using the Site or Software to any criminal or terrorism related purposes in any way.

  1. USER GENERATED CONTRIBUTIONS

The Site or the Software does not offer users to submit or post, share, transmit any content publicly or non publicly on the Site. Users are only capable of archiving their data. This data is accessible by the user, or persons that have access to the user's login information.

  1. CONTRIBUTION LICENSE

You and Site or Software agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings), this access exclude the content of your Archives.

By submitting suggestions or other feedback regarding the Site or Software, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site or Software. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

  1. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and Software or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

  1. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site and Software for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Software.

  1. REFUND POLICY

You have the right to initiate a refund for no particular reason within 14 days of purchasing one of our services if you haven't used it, barely used it, or the services failed to fulfill the functions as they were written down in the FAQ section within your user dashboard.

You are eligible for a refund if:

  1. You have a registered user at www.data2safe.com and made a successful payment for one of our services through our payment partner, or direct payment.
  2. You are within a time frame of 14 days from your conformed purchase date.
  3. You have used our software for archive-backup purposes less then 5 times, and you have not accesed these archives more than 1 time.
  4. Data 2 Safe software failed to fulfill its functions in encrypting, archiving and accessing your archives and the Data 2 Safe support team also failed to resolve this issue.

You are not eligible for a refund if:

  1. You made no purchases on the Site, only registered a free user account.
  2. You have exceeded the 14 day timeframe from the confirmed date of your purchase.
  3. You are within the 14 day timeframe of your confirmed purchase date, but you have used the Data 2 Safe software to archive-backup data more than 5 times, or less than five times but you have accessed these archives more than 1 time.
  4. Software failures caused by the user by using it inappropriately. To learn how to use your software in an appropriate way log in to your account at https://data2safe.com/index.php/authentication and read the FAQ section carefully within your dashboard.
  5. If you terminate your account by your free will and decision.

We sustain the right to change this refund policy at any time for any reason. Make sure to check our Refund Policy from time to time.

  1. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site and Software. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE OR SOFTWARE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site or Software at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site or Software. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, Software or the Marketplace Offerings.

We cannot guarantee the Site, Software and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or Software, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site, Software or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site, Software or the Marketplace Offerings during any downtime or discontinuance of the Site, Software or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site, Software or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

  1. GOVERNING LAW

These terms shall be governed by and defined following the laws of Romania.

Optionalsix SRL and yourself irrevocably consent that the courts of Romania shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

  1. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The seat, or legal place, or arbitration shall be Bucharest. The language of the proceedings shall be Romanian. The governing law of the contract shall be substantive law of Romania.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  1. CORRECTIONS

There may be information on the Site or Software that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

  1. DISCLAIMER

THE SITE AND SOFTWARE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. OPIONALSIX SRL TAKES NO RESPONSIBILITY FOR THE CONTENT OF THE ARCHIVED DATA. WE DO ALL IN OUR POWER AND KNOWLEDGE TO MAXIMIZE SECURITY OF OUR SYSTEMS, HOWEVER IN CASE IN A CYBER ATTACK THAT MAY DAMAGE OUR SYSTEM IN WHOLE OR IN PART CAUSING ANY FORM OF DAMAGE OR FUNCTIONALITY ERRORS IN THE SITE AND SOFTWARE WE ARE HOLD NO RESPONSIBLE FOR THE DAMAGE , LOSS, DIRECT OR INDIRECT THAT SUCH CYBER ATTACK CAUSE TO ANYONE RELATED TO OUR SITE AND SOFTWARE. IN SUCH CASE ALL LEGAL ACTIONS WILL BE MADE AVAILABLE BY LAW TO FIND THE PERSON, GROUP OR ENTITY THAT CAUSED THE CYBER ATTACK AND HE/SHE/IT MAY BE HOLD RESPONSIBLE FOR ALL LOSS, DAMAGE DIRECT OR INDIRECT CAUSED TO ANY PARTY OF THIS TERMS OF USE CONTRACT.

  1. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR MISUSE OR IMPROPER USE OF THE WEBSITE OR THE DATA 2 SAFE SOFTWARE. YOU ARE OBLIGATED TO USE DATA 2 SAFE SERVICES, WEBSITE AND SOFTWARE ACCORDING ITS PURPOSES WRITEN DOWN IN OUR WEBSITE AND IN THE SOFTWARE ITSELF UNDER FAQ AND LEARN MORE SECTIONS.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) misuse or improper use of the Site and Software; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  1. USER DATA

We will maintain certain data that you transmit to the Site or Software for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or Software. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site or Software, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site or Software, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site, Software or in respect to the Site, Software constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

  1. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site or Software, please contact us at: seclerdev@gmail.com

or by Post or by person at: Romania, Harghita county, Odorheiu Secuiesc, str. II Rakoczi Ferencz, nr 79.