Terms and Conditions - Confidentia

1.- INTRODUCTION

CONFIDENTIA S.A.M. with head office in 1, Avenue Henry Dunant, 98000 Monaco, (“The company”, “the licensor”, “Confidentia”) provides you with a Secure Communication Solution for outmost privacy, confidentiality, and protection against network interception. Our solution provides encrypted communications, while it protects the confidentiality of people, in their private and professional sphere, and helps companies to ensure the safety of their operations.

This document, together with each Provision of Service Agreement and our Privacy Policy establish the conditions governing the use of the service.

Use of the service of Confidentia is subject to the terms and conditions listed herein.

IMPORTANT- READ CAREFULLY THE FOLLOWING TERMS BEFORE USING/INSTALLING THE SOFTWARE. BY USING/INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THE TERMS DO NOT USE OR INSTALL THE SOFTWARE. DO NOT INSTALL OR USE THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD AND AGREED TO THESE TERMS.

2.- DEFINITIONS

As used in these Terms, the following terms will have the meanings set forth below:

“Effective Date”: the date on which you have at their disposal the secured mobile and it is ready to use.
“Software”: the software provided in connection with the Services, in machine-readable, object code form only, including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto.
“Service”: Confidentia Secure Communication is a comprehensive solution providing encrypted voice and text for outmost privacy, confidentiality, and protection against network interception.

Features:

Secure VoIP-based voice communication with crystal clear voice quality
Secure messaging with optional self-destructing messages
Secure share of pictures and documents
Seamless end-to-end encryption between Confidentia Secure Communication users and Confidentia OS Secured Devices.
Seamless semi-secured communication, where calls are encrypted half way to any (non-Confidentia) phone number

“Hardware device” “Secure Phone”: It is the device which Confidentia supports for the operating system installation.

Secure Phones with Confidentia OS feature:

High-end Smartphone with encrypted storage, protection against physical data extraction, lock and remote wipe.
Reinforced Operating System, Android OS with enhanced security, three layers of security (protection, prevention, detection), protection against data leakage.
Encrypted Communications: encrypted calls and messages, secure attachments, limited life and self-destruct messages, protected data transfer.
Security Dashboard: real-time threats, telephone activity monitoring, authorization management, control of security policies and protocols.
Personal Security: personal alarm system, physical attack sensors, detection of eavesdropping.

3.- LICENSE OF SOFTWARE AND LIMITATIONS

The Software is licensed to you to be used by you only in connection with the Service under the terms herein. The software license is only granted for use together with the hardware device as an integrated whole according to these terms. The Software or any part thereof is not sold to you. The Software and their accompanying documentation (to the extent applicable) are the exclusive property of Licensor and the title to the above shall always remain with Licensor. You have no rights in the Software except those expressly authorized by these Terms.

With respect to all the terms and conditions herein and subject to your compliance with them, Licensor grants you a personal, non-transferable, non-exclusive, non-assignable and terminable license to use, the Software effective as of the Effective Date for your subscription, subjected to payment of the entire compensation due with respect to the Service, the license is perpetual.

As condition to your use of the Software, you will not:

try to check or test the vulnerability of the Software or to breach or cause to the failure of any of the security related means thereof;
attempt to decompile, disassemble, re-engineer or reverse engineer the Software or otherwise create or attempt to create or permit, allow, or assist others to extract source code of the Software, or its structural framework;
send unsolicited email, junk mail, spam, chain letters, promotions, advertisements, virus or any other harmful contents;
resell, transfer, sublicense, pledge, lease, rent, or share your rights under these Terms; or
modify, update, reproduce, duplicate, copy, transmit, distribute, or display all or any part of the Software;
use the Software to develop a competitive product or for any other purpose, except in connection with the Service.

Please note that by using the Software you agree that the Software will collect data and transmit it to a central computer, where it will be stored for an indefinite period. The data will be used to determine the legal right for the Software to be operated on your device. (Please check our privacy policy).

You may not use the Software in whole or in part for any purpose except as expressly provided under these Terms. Any unauthorized use of the Software without Licensor’s prior written consent, is expressly prohibited.

4.- PROPRIETARY RIGHTS AND CONFIDENTIALITY

The Software is a proprietary product of Licensor (or is duly licensed to it in accordance with an agreement with a third party) and to the extent applicable, third parties related to it, protected under copyright laws and international treaties. All right, title, and interest in and to the Software, including associated intellectual property rights are and shall remain with Licensor.

These Terms do not convey to you an interest in or to the Software, but only a limited right of use, as set forth herein. You shall not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed by Licensor in or on the Software. You may not use any of the trademarks, service marks, product names or trade names imprinted on any part of the Software without Licensor’s express written consent.

The Software contains confidential information and trade secrets that have been developed by Licensor through the expenditure of a great deal of time and money. You are requested to maintain and protect the confidentiality of these trade secrets and agree not to disclose them or use them for any purpose not contemplated by these Terms.

Some parts of the Software may contain open source software licensed from third parties and are subject to the terms and conditions of open source license agreements. You will have to comply with all such terms and conditions.

5.- SUBSCRIPTION PERIOD AND TERMINATION

These Terms shall commence on the Effective Date and shall remain in full effect for as long as the Services are provided to you, unless terminated earlier by either party as permitted by law or as set forth in the commercial agreement that governs the purchase of the Service.

Your rights with respect to the Software shall terminate upon any breach of the Terms by you which was not cure with in thirty (30) days after a written notice to that effect was sent to you by the Licensor.

Upon termination or expiration of these Terms:

all and any rights and licenses granted to you under these Terms shall terminate;
you shall cease all use of the Software; and
Licensor shall be entitled, at its own discretion, to purge your data and/or files and account information or keep them stored. In this last case, the Company respects the confidentiality of your personal information and guarantees the exercise of your rights. You can exercise your right of cancellation by sending an email to [email protected] indicating the reason for their request.

You must destroy all copies of the Software and all its component parts.

Termination of these Terms does not entitle you to any refund of fees paid by you.

7.- WARRANTIES AND LIABILITY LIMITATIONS

The Software may contain software programs which will be installed (with or without notification) and/or links to other websites. Confidentia shall not be responsible or liable for matter pertaining to such websites, including but not limited to the content, information, products, or services on, or available from, such websites. You shall have the sole responsibility and risks arising from your use of any such websites.
Confidentia is released from any liability in case of improper or incorrect use of the Software, of the hardware device or the service by you.
CONFIDENTIA will not be in any case responsible for the damages that could be derived from an unauthorized access to the Software, the hardware device or the service.
Confidentia will not be liable in the event of unavailability of the Services due to force majeure or temporary suspension of the same due to technical reasons. Therefore, Confidentia will not assume any responsibility for the damages, losses that could suffer because of events that could not have been foreseen, or that foreseen were inevitable, either by fortuitous event or force majeure.
Confidentia is not responsible for any failure, technical error, accident, breakdown, manipulation, interruption of the Services or any other incident that may arise in products, equipment or technical services outside of Confidentia whose use is necessary for participation in the Services.
The service may be interrupted by Confidentia temporarily in those maintenance tasks that are necessary for the correct functioning of the Software. In such case, Confidentia will communicate it previously to its clients / users in order to avoid any damage that could cause such interruption.

8.- TECHNICAL SUPPORT SERVICES

Confidentia may provide you technical support service for the Software and the hardware device.

9.- GENERAL

You may not assign these Terms, in whole or in part, without the prior written consent of Licensor.
You consent to the use by Licensor of your name and IP address if required to pursuant to a judicial order.
These Terms shall be construed and governed in accordance with the laws of the State of Monaco, and the competent Courts and Tribunal of Monaco shall have sole and exclusive jurisdiction over any dispute under these Terms or otherwise related to the Software or the Service, with the express exclusion of any other jurisdiction that may correspond to you.
Should any term of these Terms be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
These Terms can be altered from time to time by Licensor at its sole discretion.
The failure of Licensor to enforce any rights granted hereunder or to take action in the event of any breach hereunder shall not be deemed a waiver by Licensor as to subsequent enforcement of rights or subsequent actions in the event of future.
In the event the Services contain third party software (which was licensed from a third party by the Licensor), such third party will be a beneficiary of these Terms and shall have the right to enforce these Terms directly against you.
The terms of use may be update by us from time to time. We will notify by placing a post regarding those changes on the website www.confidentia.mc or by other means, so please review it frequently.

Changes to these terms of use are binding and effective when they are posted on the website.