The BlokSec Solutions Inc. (“BlokSec”, “we”, or “our”) mobile device application and related software (the “Application”, or the “App”) is to be used exclusively in connection with BlokSec services (together with the Application, the “Service”). BlokSec offers the Service only to authorized users that are legal entities (“Customers”) and who have entered into a binding agreement with BlokSec (a “Customer Agreement”).
You may only use the Service, including the Application, if you are an authorized user of a Customer. Such authorized users, and any others who download, access, use, purchase and/or subscribe to the Service (collectively or individually “you” or “users”), must do so under the following terms and conditions of use.
The service provided by BlokSec relates to management and creation of digital identities. Please note that the app and service is not a guarantee against identity theft or online identity fraud. Customers should always stay vigilant regarding their online identity and employ online security software where appropriate.
THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”) SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND BLOKSEC CONCERNING YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO AND ACCEPT THIS AGREEMENT. YOU MAY USE THE SERVICE ONLY IN ACCORDANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, YOU SHALL NOT BE ENTITLED TO USE THE SERVICE.
1. Service and Restrictions
BlokSec shall provide the Service, including the Application, to you only for the term of the Customer Agreement (the “Term”). During the Term or otherwise, you shall not: (i) modify, disassemble, decompile or reverse engineer the Service, including the Application, except to the extent that such restriction is expressly prohibited by law; (ii) share, rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party or use the Service to provide service bureau, time-sharing or other services to any third party; (iii) alter or remove any proprietary notices in the Service; or (iv) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.
1.1 License
During the Term, BlokSec grants you a non-exclusive, non-transferable, revocable license to use the Application for use with the Service. With respect to any open source or third-party code that may be incorporated in the Application, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant under this Agreement is not a sale of the Application or any copy thereof, and BlokSec or its third-party licensors or suppliers retain all right, title, and interest in the Application (and any copy thereof).
2. Ownership
All right, title, and interest in the Service, the Application and in any ideas, know-how, code, derivative works or intellectual property associated therewith, including without limitation any enhancements or modifications made to the Service or the Application by any person (however employed or associated) shall at all times remain solely and exclusively the property of BlokSec.
3. Fees and Charges
BlokSec reserves the right to charge fees for use of the Service. As an authorized user, BlokSec will not charge you any fees for your use of the Service without your permission. Your carrier or service provider may charge fees for data usage, messaging, phone calls, or other services that are required for you to use the Service. You may cease using the Service at any time.
4. Proprietary Marks
“BlokSec”, the BlokSec logo and any other BlokSec product or service names, logos or slogans that may appear on the Sites or Services are trademarks of BlokSec and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “BlokSec” or any other name, trademark or Product or service name of BlokSec without our prior written permission. In addition, the look and feel of the Sites and Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BlokSec and may not be copied, imitated or used, in whole or in part, without our prior written permission.
5. Hyperlinks
You are granted a limited, nonexclusive, nontransferable right to create a hyperlink to the Sites for non-commercial purposes, provided that such link does not portray BlokSec or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner. BlokSec makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such linked sites are not under the control of BlokSec, and BlokSec is not responsible for the contents of any linked site. If you decide to access any of the third-party websites linked from the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
6. Warranties
THE SERVICE IS DISTRIBUTED “AS IS” WITHOUT ANY WARRANTIES, WHETHER WRITTEN, ORAL, STATUTORY, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOKSEC SPECIFICALLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
This waiver of warranty affects your specific legal rights; you may have rights which may vary depending upon where you are located. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you.
7. Support
BlokSec has no obligation to provide support, professional services, upgrades, modifications, or new releases to or for the Service under this Agreement. BlokSec may voluntarily provide some or all of these items; should BlokSec do so, any such action shall not be considered a waiver of this provision.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOKSEC (AND ITS LICENSORS OR SUPPLIERS) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE SERVICE, HOWEVER SUCH DAMAGES ARISE AND/OR WHETHER SUCH DAMAGES ARE CLAIMED IN TORT, CONTRACT OR OTHER ACTION, EVEN IF BLOKSEC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BLOKSEC’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME THE CLAIM ACCRUED. This limitation of liability affects your specific legal rights; you may have rights which may vary depending upon where you are located.
9. Term and Termination
This Agreement and the Service may be terminated by BlokSec, at any time with or without notice to you. BlokSec RESERVES THE RIGHT TO DISABLE ANY USER’S USE OF OR ACCESS TO THE SERVICE, FOR ANY REASON AND WITHOUT ANY NOTICE.
When this Agreement expires or terminates, BlokSec shall cease providing the Service to you. You shall immediately cease using the Service. Sections 1.1, 2, 4, 5, 6, 7, 8, 9, and 10 shall survive the termination or expiration of this Agreement.
10. General
10.1 Miscellaneous
All notices shall be in writing and shall be considered given on the date of (i) confirmed delivery if sent by overnight courier or express mail service, (ii) confirmed delivery if sent by postage pre-paid certified or registered mail (or the equivalent), return receipt requested or (iii) personal delivery. You shall not assign or otherwise transfer any of your rights or obligations without the prior written consent of BlokSec. Except to the extent applicable law provides otherwise, this Agreement shall be construed in accordance with the laws of Ontario, Canada, without regard to its conflict of laws provisions. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or provincial courts located in Ontario, Canada.
10.2 Government Restricted Rights
This provision applies if the Service is used directly or indirectly by or on behalf of any government. BlokSec is the manufacturer of the Application and provider of the Service. The Application is a commercial product, licensed on the open market at market prices. Any use modification, reproduction, release, performance, display, or disclosure of the Service and/or Application by any government shall be governed solely by the terms of this Agreement.
10.3 Providing Notice
Should you wish to or are required to notify BlokSec under this Agreement, use the contact information provided on the BlokSec website located at https://bloksec.com
10.4 Privacy Policy
Please refer to our Privacy Policy at https://bloksec.com/privacy for more details on information on how BlokSec collects, use, and disclose information about you.
10.5 Authorized User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites or Services. You agree that you will abide by these Terms and will not:
- Provide false or misleading information to BlokSec;
- Use or attempt to use another user’s account without authorization from such user;
- Use the Sites or Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or Services, or that could damage, disable, overburden or impair the functioning of the Sites or Services in any manner;
- Develop, utilize, or disseminate any software, or interact with our API in any manner, that could damage, harm, or impair the Sites or Services;
- Reverse engineer any aspect of the Sites or Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites or Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites or Services that you are not authorized to access;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites and Services, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
- Use data collected from our Sites and Services to contact individuals, companies, or other persons or entities;
- Use data collected from our Sites and Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
- Bypass or ignore instructions contained in the robots.txt file, accessible at https://bloksec.com, that controls all automated access to the Sites or Service; or
- Use the Sites or Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.