SICCURA TERMS OF SERVICE

Siccura Terms Of Service

Welcome to Siccura

Siccura Ltd (“Siccura”, “our”, “we” or “us” and other related pronouns) provides users (each user, “you”) with an “Over the Top” solution to protect and secure various forms of communication, such as Email, SMS, Instant messages and Data Storage.

Please read these Terms of Service (these “Terms”) carefully. These terms explain how you can use the Siccura services (which includes but is not limited to Siccura 360, Siccura Safemail, Siccura Safephotos, Siccura Safepass), on mobile applications and desktop software (collectively “Siccura”) provided by Siccura Ltd.

By installing, accessing, or using our apps, services, features, software, or website (together “Services”) on Android, iOS or desktop devicesyou agree to be bound by the terms of service between you (the “user”) and Siccura Ltd, company registration no. 0749110, registered office at 3 Montpelier Avenue, Bexley, Kent, DA5 3AP, United Kingdom. If you do not agree to be bound by the terms, you may not access or use this service or the website.

IF YOU ARE A SICCURA USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, SICCURA AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

 

Compliance with Our Terms

These terms refer to the following additional terms, which also apply to your use of Siccura:

  1. Privacy Policy, which sets out how we collect, store, and use your personal information
  2. Acceptable and Fair Use Policy, which sets out the rules of good behaviour applicable to your use of our services
  3. Cookies Policy, which sets out the usage of cookies, web beacons, and log files

You must comply with these terms in your use of our services and only use our services as permitted by applicable laws and regulations wherever you may be when you use them.

If you are using our services on behalf of a company, partnership, association, government, or other organisation, you warrant that you are authorised to do so and that you are authorised to bind your organisation to these terms and in such circumstances “you” will include your organisation.

We may translate these terms into multiple languages, and in the event, there is any difference between the English version and any other language version of these terms, the English version will prevail (to the extent permitted by applicable law).

If you do not agree to the terms, you must not use our services.

For users located in the United States or Canada the following country-specific terms will also apply to your use of our services:

  1. Siccura and you each agree to waive the right to a trial by judge or jury for all disputes. We and you each agree that if you are a Siccura user located in the United States or Canada, each of we and you may bring disputes against the other only on its or your behalf, and not on behalf of any other person or entity, or any class of people.

 

Inconsistencies

To the extent that any of the additional policies are different from these Terms of Service, the relevant terms of the additional policies will apply, except that nothing in those additional policies will (unless expressly indicated otherwise in those additional policies) amend these Terms of Service(which will apply in the event there is any difference).

To the extent that any country-specific terms differ from these Terms of Service, or any of the additional policies, the relevant country-specific terms will apply, regardless of which section of these Terms of Service, is in question.

 

Use of Our Service

Registration

You must register to use the Siccura application using accurate data and provide your current mobile phone number. You agree to receive text messages (from us or third-party providers) with codes to register for our services.

 

Account

Any account that you create with us is personal to you. You are prohibited from gifting, lending, transferring, or otherwise permitting any other person to access or use your account. We reserve the right to disable, deactivate, or terminate your account for reasons including but not limited to a violation of our terms.

 

Security

You understand that you are responsible for safeguarding any passwords used to access your account and our services. You must promptly notify us at support@siccura.com if you know or suspect that your password or account has been compromised.

 

Address book

You acknowledge and agree to provide us the information of Siccura users and your other contacts in your mobile phone or device address book on a regular basis. This contact information includes but is not limited to phone numbers and email addresses.

 

 

Content

By using Siccura, you can connect your email, cloud, and/or local storage accounts. By using Siccura,you acknowledge and agree to give Siccura permission to access your data so that it can be synchronised with the application.

 

Age

You must be at least 13 years old to use our services (or such greater age required in your country for you to be authorised to use our services without parental approval).  In addition to being of the minimum required age to use our services under applicable law, if you are not old enough to have authority to agree to our terms in your country, your parent or guardian must agree to our terms on your behalf.

 

Devices and Software

You must provide certain devices, software, and data connections to use our services, which we otherwise do not supply. For as long as you use our services, you consent to downloading and installing updates to our services, including automatically.

You agree that to enable you to access certain services and functionalities in Siccura, we may access certain hardware and software on your device, including but not limited to device information, camera, microphone, calendar, and gallery.

You further agree that we may collect information related to your device in accordance and for the purposes mentioned in the Siccura Privacy Policy. Please refer to the Siccura Privacy Policy for more details.

 

Fees and Taxes

You are responsible for all carrier data plan and other fees and taxes associated with your use of our services. We may charge you for our services, including applicable taxes. We may refuse or cancel orders.

 

Payments

Once you have downloaded Siccura, you can message, chat with and call any other Siccura users free of charge in accordance with the Acceptable and Fair Use Policy.

In addition, you are offered the opportunity to access additional features and become a premium user on payment of certain charges from time to time. You may become a premium user by purchasing the additional features in-app or through the website.

Your use of the premium features will be subject to the terms and conditions governing such premium features, from time to time. If you are acquiring the premium features for a fixed period, then the license set out above for use of such premium features applies only for the subscription period for which you have paid the requisite charges or fees.

Your license to use the premium features after the expiry of such period is conditional upon further payment of the requisite fees or charges. We will notify you seven (7) days prior to the expiry of the period for which you have paid the requisite charges and fees. You must comply with the terms of payment as contained herein in relation to your payments with us.

 

Terms of Payment

If you choose to access certain additional features and become a premium member you must provide your name and billing information so that your payment for the use of such additional features can be processed.

A valid credit/debit card is required for all paying accounts. The premium feature will be billed in full in advance. There will be no refunds or credits for partial months of use of the premium feature or refunds for months unused with an open account.

You may also make a payment for using the additional features on the website. To purchase the premium features, you will be required to provide your credit/debit card information and other such billing details required to process the payments.

We use the services of third-parties to process your payments and refunds. Please review the terms of use and privacy policies of those third-parties before providing your banking, payment, or billing information. We make use of encryption technology to protect your personal information and take appropriate measures to comply with the relevant data protection laws.

If you purchase any premium feature, you agree to pay all charges which includes but is not restricted to taxes as applicable, any charges by us or the online application stores, or bank transaction charges when payment is made through credit card, or debit card or any other bank medium at the time of purchase or download. You hereby agree to abide by the relevant terms of service or other legal agreement that governs such medium or method used for payment.

Once the payment for a premium or additional feature has been processed, you will be able to immediately access and use such feature.

We will not use your billing information for any purposes other than those mentioned in the Siccura Privacy Policy. You may refer to the same for further details on how we use your billing information.

 

Refunds

In case of in-app product subscriptions purchased by you, the subscription may be cancelled by you when you wish to do the same and refund can be claimed within 7 (seven) days from purchasing the in-app product by contacting us at support@siccura.com.

Refunds can be directly availed from app store or google play store provided that the payments have been made from their payment gateways.

 

 

If you believe that we have charged you in error, you must contact us at: support@siccura.com within thirty (30) days of such charge. No refunds will be given for any bank charges appearing on your bank statement. No refunds will be given for any charges that are more than thirty (30) days old.

We reserve the right to refuse a refund request if we reasonably believe:

  1. That you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature.
  2. If you are in breach of any of the terms (including without limitation, the terms of the License)
  3. If we reasonably suspect that you are using any of our products fraudulently or that your user account is being used by a third-party fraudulently.

 

Your Content

When you submit, upload, transmit, or display any data in connection with your use of our services, you understand and agree that:

  1. Siccura is an “Over the Top” application and you can continue to use your existing third-party service providers such as Gmail, Google Drive, and Drop Box.
  2. Your content will continue to be stored/shared via the third-party service provider that you use. Your content does not get synchronised with the Siccura servers.
  3. Any content that you share with other Siccura users can be recalled by you at any time. Likewise, you provide your consent that the content that is shared by other Siccura users with you through Siccura can also be recalled by them at any time. When the content is recalled by the Siccura user it will be deleted from your Siccura client and you will not be able to view it. An encrypted format of that communication will remain on the third-party service you use; however, you will not be able to read it as it will be encrypted.
  4. You will continue to own and be responsible and liable for your content.  Your content will be in accordance with the Siccura Acceptable and Fair Use Policy and the Siccura Privacy Policy.
  5. Our use of your content will be subject to the Siccura Privacy Policy.
  6. You are giving us and our affiliate companies the right to use your content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing, and improving our services, including new services that we may provide in the future.
  7. We may share your content with third-parties that we work with to help provide, promote, develop and improve our services. These third-parties (other than our affiliate companies) will not make any separate use of your content for their own purposes (i.e. for any purposes that are not related to our services). The sharing of your content with such third-parties shall be in accordance with these terms.
  8. By using Siccura you acknowledge and agree that you are responsible for taking a backup of your encryption keys.
  9. If you choose to secure your backup with a password, then you are solely responsible for remembering it at the time of restoring your backup.
  10. You acknowledge that Siccura is not able to restore any password protected backup without the correct password being entered at the time of restoring the backup.
  11. By using Siccura you can encrypt your emails, text messages, and files and photos that are stored on the cloud, and/or local storage.
  12. Content that you encrypt using Siccura cannot be decrypted and viewed on any third-party platform and will only appear in an encrypted format on any platform other than your Siccura app which has your encryption keys.
  13. You acknowledge that if you uninstall the app without taking a backup of your encryption keys you will no longer be able to decrypt your content even if you reinstall Siccura.
  14. You acknowledge that if you uninstall the app you will no longer be able to read the content that you had sent, shared, or stored using Siccura.
  15. In order to continue to have access and read the content you can keep the free version installed and use it to access the encrypted content.

 

In addition, you understand and agree that we and our affiliate companies (subject to the terms and applicable laws and regulations):

  1. May retain and continue to use your content after you stop using our services.
  2. May be required to retain or disclose your content to comply with applicable laws or regulations, or to comply with a court order, subpoena or other legal process. We and our affiliate companies may disclose your content in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere). You also agree that we may need to disclose your content to enforce these terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of our services.

 

When you submit, upload, transmit, or display any data in connection with your use of our services, you understand and agree that if you seek to delete your content from our services, it may as a technical and administrative matter take some time or not be possible to achieve this. We will not transfer your personal data and content to third-party or any affiliate in any country or territory unless that country or territory ensures an adequate level of protection for your rights and freedoms in relation to the processing, storing and retention of personal data.

 

Third-Party Content and Services

Our services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our services or interact with a share button on a third-party website that enables you to send information to your Siccura contacts. Please note that when you use third-party services, their own terms will govern your use of those services.

  1. We are not responsible for and we do not endorse, support, or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted, or displayed by or linked by our services, including content provided by other users of our services or by our advertisers.
  2. You acknowledge and agree that by using third party services you may be exposed to content which is inaccurate, misleading, defamatory, offensive, or unlawful.
  3. Any reliance on or use of any content on or accessible from our services by you is at your own risk. Your use of our services does not give you any rights in or to any content you may access or obtain in connection with your use of our services.
  4. We also do not guarantee the quality, reliability, or suitability of any third-party services provided, made available, or linked through our services and we will bear no responsibility or liability for such third-party services.
  5. By using our services, you expressly acknowledge and agree that we shall not be responsible or liable for any damages, claims or other liability arising from or related to your use of any third-party services or by your reliance on any third-party content hosted on Siccura. If you access third-party services through our services, you must comply with any terms applicable to those services.
  6. We may review (but make no commitment to review) content or third-party services made available through our services to determine whether they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third-party services if they infringe intellectual property rights, breach copyright laws, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our services.
  7. There may be, from time to time, third-party content and services on our services that are subject to further terms, including terms from the relevant third-party that originally produced such content and services (for instance, the news agency that was responsible for writing a news article that then appears on our news service). In such cases, you agree to comply with any such further terms as notified to you.
  8. If you have any concerns regarding any content on or any other aspects of our services, please contact support@siccura.com

 

 

Third-Party Software

We are not responsible or liable for and we do not endorse, support, or guarantee the quality, reliability or suitability of any third-party software. Any reliance on or use of such third-party software is at your own risk. By using our services, you expressly acknowledge and agree that we shall not be responsible or liable for any damages, claims, or other liability arising from or related to your use of any third-party software.

You shall be responsible to ensure your compliance with any additional terms that may be applicable to any such third-party software.

We do not provide any technical support for any third-party software. Please contact the relevant supplying third party for such technical support.

 

Open Source Software

There may be provisions in the open source software’s license that expressly overrides these terms, in which case such provisions shall prevail to the extent of any conflict with these terms.

We will credit the relevant open source software (including notifying you of the relevant open source software terms) within our services, within an appendix to these terms and/or in another manner.

 

Advertising Content

Our services may include advertising or commercial content. You agree that we can integrate advertising or commercial content into our services and that (where reasonably practicable) we will identify paid services and communications.

You also agree to be supplied with targeted advertising to try to enable us to make advertising more relevant and valuable to you. In the event you do not wish to receive any marketing or advertising content on Siccura, you may not use our Service.

 

Direct marketing

We will use your information in accordance with the Siccura Privacy Policy for sending you advertising or direct marketing (whether by messaging within our services, by email, or by other means) that offer or advertise our products and services and/or that of selected third-parties. Such products and services include:

  1. Products and services of ours (or our affiliate and subsidiary companies and joint venture partners), including services in relation to messaging, online media and advertising, interactive entertainment, social networking, e-commerce, news and information, payment, internet search, location and mapping, applications, data management, and other related software and services (“Internet Services”)
  2. Third party providers of Internet Services and products and services including but not limited to dining, food and beverages, sports, music, film, television, live performances and other arts and entertainment, books, magazines and other publications, clothing and accessories, jewellery, cosmetics, personal health and hygiene, electronics, collectibles, housewares, appliances, home decoration and furnishings, pets, automobiles, hotels, transport and travel, banking, insurance and financial services, loyalty and reward programs and other products and services that we think may be relevant to you.
  3. If required by applicable laws, we will honour your request for us to not use your personal information for direct marketing purposes. If you wish to make such a request, please:
    1. Notify our Privacy Officer using the contact details as set out in the Siccura Privacy Policy.
    2. Follow the relevant instructions on our marketing messages.
    3. If available, follow the instructions as set out in certain service-specific guidance (in relation to the relevant service).

 

Application Stores

Siccura can be downloaded from third-party application stores including but not limited to Google Play, and the Apple App Store.

You agree to comply with all third-party terms and conditions and privacy policies applicable to the use of our services. Siccura shall not be responsible or liable for violation and infringement of any third-party rights or terms and conditions in connection with access, download, or installation of Siccura by you.

 

Modifications to Siccurra

As our services and user experiences are constantly evolving, we may from time to time, add, change, modify, discontinue or remove features from our services (including in relation to whether a service is free of charge or not), without cause, temporarily or permanently with or without any notice to you.

You agree that Siccura shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of Siccura.

 

Intellectual Property Rights

All intellectual property rights in or to our services and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these terms.

You have no right to use our intellectual property rights. You have no right to use our trademarks or product names, logos, domain names, or other distinctive brand features without our prior written consent.

Any comments or suggestions you may provide regarding our services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

Where our services involve you downloading and using any software from us, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, royalty-free and revocable license to use the software to use our services in accordance with these terms (including any specific technical requirements that relate to the software or its use on your device).

You may not copy, modify, reverse compile, reverse engineer, or extract source codes from our software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from our software, you will first contact us to request the information you need.

We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that our services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.

 

Warranty and Disclaimer

We warrant to you that we will provide our services using reasonable care and skill.

APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE OR GROUP COMPANIES NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, ASSOCIATES, AGENTS, OR OFFICERS MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED, OR DISPLAYED BY OUR SERVICES, INCLUDING:

  1. ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR FREE FROM VIRUSES.
  2. THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE.
  3. THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

YOU UNDERSTAND THAT SICCURA IS PURELY MEANT FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY. WE DO NOT PROVIDE ANY GUARANTEE AS TO THE PERFORMANCE OF OUR SERVICES, SOFTWARES OR CONTENT. IN THIS RESPECT YOU EXPRESSLY AGREE TO HOLD US, OUR AFFILIATE AND GROUP COMPANIES, OUR DIRECTORS, ASSOCIATES, AGENTS AND OFFICERS HARMLESS FROM ALL DIRECT AND INDIRECT CLAIMS ARISING FROM PRODUCT LIABILITY AND UNDERSTAND THAT YOU ARE REQUIRED TO TAKE APPROPRIATE PRECAUTIONS AND MEASURES WHILE USING OUR SERVICES TO PREVENT MISUSE OF YOUR CONTENT IN ANYWAY.

 

Liability for Our Services and Software

To the extent permitted by applicable laws and regulations, the total aggregate liability of us and our affiliate companies for all claims in connection with the terms or our services or software, arising out of any circumstances, will be limited to the lesser of the following amounts:

  1. The amount that you have paid to us for your use of our service or software to which the claim relates in the 6 months immediately preceding the date of the most recent claim.
  2. GBP 25 (twenty-five pounds sterling).

To the extent permitted by applicable laws and regulations, in no event will we or any of our affiliate companies, to the extent permitted by applicable laws and regulations, be liable under any circumstances for any indirect, special, consequential, exemplary or punitive damages or for any loss of business, revenues, profits, goodwill, content or data.

Notwithstanding any other provisions of the terms, nothing in the terms limits or excludes any of your statutory rights in your jurisdiction, to the extent these may not be excluded or waived under applicable laws and regulations.

You agree that you will be responsible for complying with applicable local law in your jurisdiction for use of Siccura.

Please note that we are not responsible or liable for any third-party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of our services or software.

 

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR AFFILIATE AND GROUP COMPANIES, OUR DIRECTORS, ASSOCIATES, AGENTS AND OFFICERS HARMLESS FROM ALL DIRECT AND INDIRECT CLAIMS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO LAWYERS OR LEGAL FEES) ARISING FROM:

  1. YOUR USE OF AND ACCESS TO SICCURA AND / OR THE WEBSITE
  2. YOUR VIOLATION OF ANY OF THE TERMS
  3. YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS
  4. ANY CLAIM THAT YOUR CONTENT SUBMISSIONS CAUSED DAMAGE TO A THIRD PARTY

THE OBLIGATIONS CONTAINED IN THIS CLAUSE SHALL SURVIVE THE TERMS OF SERVICE AND YOUR USE OF OUR SERVICES.

 

Termination

This Agreement commences on the date you accept these terms, that is, on the date you download and install Siccura on your device. We may terminate or suspend your use of Siccura or the website at any time at our discretion, without notice to you.

These terms will apply to your use of our services until access to the relevant services is terminated by either you or us.

We may suspend, deactivate, or terminate your access to your account or any or all our services:

  1. If we reasonably believe that you have breached these terms
  2. If your use of our services creates risk for us or for other users of our services, gives rise to a threat of potential third-party claims against us or is potentially damaging to our reputation
  3. If you fail to use our services for a prolonged period
  4. For any other reason.

Where reasonably practicable, we will give you notice of any suspension or termination.

 

Transfer of Rights and Obligations

You shall not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract, without your prior consent.

 

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control, failure of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under the terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the terms may be performed despite the Force Majeure Event. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these terms.

 

Entire Agreement

The terms and conditions contained in this Siccura Terms of Service, the Siccura Privacy Policy, the Siccura Cookies Policy and the Siccura Acceptable and Fair Use Policy represent the entire agreement between you and us in relation to our services and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

You acknowledge and agree that, you have not relied on any representation, undertaking or promise or implied any warranty or thing, whether said by spoken words or in writing except as expressly stated herein.

 

General

The invalidity of any provision of the terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision).

If a court holds that we cannot enforce any part of the terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable law, without changing the remaining terms of the terms.

No delay in enforcing any provision of the terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under the terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of the terms.

The headings in the terms and conditions are for convenience only and have no legal or contractual effect. The terms and conditions fully operate permissible by law.

 

Our Right To Vary The Terms

We have the right to revise and amend these terms from time to time, so please come back and review them from time to time.

By continuing to use our services after any changes to these terms, with or without notice from us, you are agreeing to the revised Siccura terms of service.

If you do not agree to the Siccura Terms of Service, the Siccura Privacy Policy, the Siccura Cookies Policy and the Siccura Acceptable and Fair Use Policy, as may be revised from time to time, you may discontinue the use of our Services.

You agree that at any point of time, you will be subject to the terms as last revised and in force.

Geverning Law

Except to the extent that:

  1. Any applicable additional terms incorporated into the terms provide differently
  2. The applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court), the terms and any dispute or claim arising out of or in connection with the terms will be governed by the laws of England and Wales.

This Agreement shall be governed by the laws of England and Wales. You irrevocably consent to the exclusive jurisdiction of courts in England, for all disputes arising out of or relating to this Agreement.

 

Version6 - Last updated on  18th December 2018

SICCURA PRIVACY POLICY

Siccura Privacy Policy

We value and respect your privacy and that is why we maintain a Zero -Knowledge policy.  When you use Siccura services, the information you provide us with is converted into a unique unbreakable code that even Siccura cannot read. This Privacy Policy explains what information we collect, how we use and share it, and the choices you have, including how to manage your privacy settings, access the information we have about you, and delete your account.We will not use or share your information with anyone except as described in this Privacy Policy.

Please note that this Privacy Policy does not apply to information collected through third party services (including any third-party websites) that you may access through our services, or by other companies and organisations who advertise their services through our services.

We use third party services such as Firebase by Google to send notification alerts whenever you receive communications via Siccura. Google Services have been implemented for analytics point of view.   

CHANGES TO THIS PRIVACY POLICY

We will notify you before we make changes to this Privacy Policy and give you the opportunity to review the revised Privacy Policy before you choose to continue using our Services.

INFORMATION WE COLLECT:

We must receive or collect some information to operate, provide, improve, understand,
customise, support, and market our Services. The types of information we receive and collect
depend on how you use our Services.

“Information” includes Personal Information, Location Data, Log Data, Non-Personal Information, and Shared Information (all as defined below). In certain cases, you will be given the option to not provide us with your information, in which case, if you decide to not share such Information, certain features within the Siccura App may not be available to you.

In providing our services, we collect, store and use the following information relating to you. Please note that all information is converted into Hash values (an unrecognisable and undecipherable format) which is stored on our servers and synced regularly.

  1. Personal Information

At the time of registering an account with us, we collect your name, mobile number and country. We also collect certain pieces of information relating to your contacts and their details listed in the address/ phonebook as stored on your devices. The information we collect about your contacts are names, mobile numbers and email addresses. However, the information we collect is for you to connect with your contacts. Your contact’s personal details are converted into an unrecognisable code that even we cannot decipher.

If you have synched the device which you have downloaded Siccura on with your online email account or other mobile or computer devices, the contact details stored on such accounts will also be taken and stored on Siccura.

  • Information we collect as you use our services, including but not limited to certain Location Data and Log Data.
  • When using our services you are offered the opportunity to access additional features and become a premium user on payment. You may become a premium user by purchasing additional features in-app or through the website. By doing so, your billing information will be captured for additional features to be processed.
  • We use third party services such as Google Play, Apple App Store and Paypal to process your payments and we require that these third parties take appropriate organisation and technical measures to protect data relating to your billing information.

 

  1. Non- personal information:

The non-personal information that we collect as you use our services includes but is not limited to location and log data. At the time of registration, we collect information about hardware and software on your mobile or computer devices.

 

Device information collected includes but not limited to the following:

    • Device settings
    • Time zone
    • Network service provider information
    • IP address
    • Device PIN, IMEI, IMSI, UDID, MAC address or similar identifiers and device model.

 

 

  1. Location Data:

“Location Data” is information that we collect regarding your current and saved location (when You use a location-enabled device), including:

 

  • The location of your mobile and computer device when you use our services, such as from the GPS, WiFi, LAN, cell phone tower locations accelerometer or other similar satellite services or sensors in Your mobile and computer devices;

 

  • The IP address of the device or internet service You use to access our services,

 

  • Other information made available by you or others that gives an indication as to where you are or have been located, such as account information that indicates where you are located and Shared Information you or others post indicating Your location, such as any geotag information that is embedded in any photos You make available to us;

 

  1. Log Data:

“Log Data” is certain technical information that is automatically collected and logged by our servers when you use our services, whether through the use of cookies, web beacons and log files or otherwise, including:

  • Technical information such as your mobile carrier, configuration information made available by Your web browser or other programs you use to access our services, your IP address and your device’s version and identification number;
  • Information about the state of Your device if the Siccura App crashes such as device model and built, device orientation, whether location services are active, operating system version, amount of memory free, amount of storage free and the amount of battery percentage;
  • Information about what You have searched for and looked at while using our services, such as web search terms used, social media profiles visited and details of other information and content accessed or requested by You in using our services;
  • Information about communications You have made using our services, such as the people You’ve communicated with and the time, date and duration of Your communications; and Metadata, which means information related to items You have made available through our services, such as the date, time or location that a shared photograph or video was taken or posted.

 

  1. Third Party Information:

 

  • Information Others Provide About You:  ?We receive information about you from otherusers. For example, when other users you know use our Services, they may provide your phone number, name, and other information (like information from their mobileaddress book), just as you may provide theirs, or they may send you a message, sendmessages to groups to which you belong, or call you. We require each of these users to have lawful rights to collect, use, and share your information before providing anyinformation to us. All such information is converted into an unrecognisable code that even we cannot decipher.

 

  • Third-Party Service Providers: We work with third-party service providers to helps us operate, provide, improve, understand, customise, support, and market our Services. For example we work with companies to distribute our apps, provide our infrastructure,
    delivery, and other systems, supply location, map, and places information. These
    companies may provide information about you in certain circumstances; for example,
    app stores may provide us reports to help us diagnose and fix service issues.

 

 

HOW WE USE YOUR INFORMATION

The information that we collect will be used for the following purposes:

  • To provide and maintain our services to you
  • For customer service, security, fraud-detection, archival and backup processes in connection with the provisions of our services.
  • To provide you with advertising and direct marketing that is more relevant to you.
  • To better understand how you access and use our services, for the purposes of trying to improve our services and to respond to your desires and preferences, including language and location customisation, personalised help and instructions, or other responses to your and other customers’ usage of our services;
  • To help us develop new services and features;
  • To improve the quality and design of our existing services;
  • To investigate and prevent the misuse of any of our services;
  • To assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with our services when your account is subscribed to an official account; and
  • To allow you to participate in surveys about our products and services. If you participate in a survey, we may request certain personal information from you. Participation in these surveys is voluntary, and you therefore have a choice as to whether you want to disclose information.
  • We may use a third party service provider to conduct these surveys and such third party service provider will be prohibited from using your personal information for any purpose other than conducting the survey.
  • We capture location and log data of your contacts to give you information as to when your messages, files or any data shared was opened, at what time, from which device and location. This is for the Audit log feature which we have in the application.
  • We may periodically access your contact list, and/or address/phone book and all its details stored in order for you to invite or message contacts who do not have the application.
  • Any billing information that may be collected by us from you will be deleted thirty (30) days after your Siccura account has been terminated or deleted.

INFORMATION YOU AND WE SHARE

You share your information as you use and communicate through our Services, and we share
your information to help us operate, provide, improve, understand, customize, support, and
market our Services.

  • Send Your Information To Those You Choose To Communicate With:?You share
    your information (including messages) as you use and communicate through our
    Services.
  • Your Contacts And Others:?Users with whom you communicate may store or reshare
    your information (including your phone number or messages) with others on and off our
    Services. You can use your Services settings and the block feature in our Services to
    manage the users of our Services with whom you communicate and certain information
    you share.
  • Third-Party Services: ?When you use third-party services that are integrated with our
    Services, they may receive information about what you share with them. If you interact
    with a third-party service linked through our Services, you may be providing information
    directly to such third party. Please note that when you use third-party services, their own
    terms and privacy policies will govern your use of those services.

ASSIGNMENT, CHANGE OF CONTROL, AND TRANSFER

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of
our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by
operation of law or otherwise, and we may transfer your information to any of our affiliates,
successor entities, or new owner.

HOW WILL INFORMATION BE USED FOR MARKETING

We will use the information that you provide us with to send you emails, newsletters, articles, in-app messages or push notifications to your device.

We may from time to time send you service related announcements when we consider it necessary to do so (such as when we suspend one of our services for maintenance). You may not opt-out of these service-related announcements, which are not promotional in nature.

HOW THE GENERAL DATA PROTECTION REGULATION APPLIES TO OUR EUROPEAN REGION USERS

Our Legal Basis for Processing Information

  • We collect, use and share information we have described above:
  • As necessary to fulfil our Terms;
  • Consistent withyour consent, which you can revoke at any time;
  • As necessary to comply with our legal obligations;
  • Occasionally to protect your vital interests, or those of others;
  • As necessary in the public interest; and
  • As necessary for our ( or others’) legitimate interests, including our interests in providing an innovative, relevant, safe and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection  of personal data

HOW TO EXERCISE YOUR RIGHTS

Under the General Data Protection Regulations or other applicable laws, you have the right to access, rectify, port and erase your information, as well as the right to  restrict and object to certain processing of your information.

This includes the right to object to our processing of your information for direct marketing and the right to object to our processing of your information where we are performing a task in the public interest or pursing our legitimate interests  or those of a third party.

You can port your information by sending a request to privacy@siccura.com. You can access tools to rectify, update, and erase your information directly in-app. If we process your information basedon our legitimate interests or those of a third party, or in the public interest, you can object to
this processing, and we will cease processing your information, unless the processing is based
on compelling legitimate grounds or is needed for legal reasons. You can also object to our
processing of your information. Where we use your information for direct marketing for our own
Services, you can always object and opt out of future marketing messages using the
unsubscribe link in such communications, or by using our in-app "Block" feature.

HOW LONG WILL YOUR DATA BE STORED

Given the nature of Siccura as an “Over The Top” application, your message and data is not stored on our servers. The email and cloud storage accounts that you synchronise with Siccura are stored on the third-party service providers. The emails and data that you share and store onto these service providers through Siccura is encrypted. The encryption keys to unlock your data will remain on our secure servers.

If the encryption key has not been delivered to the user as a result of him being offline, then the encryption key remains on the server for a period of forty-five (45) days, after which the undelivered encryption key will be deleted.

The personal information that we collect is automatically converted into hash values. Hash values are numeric figures that cannot be broken. The hash values of your data will be stored on our servers for a fixed period, after which it will be permanently deleted.

HOW WE PROCESS YOUR INFORMATION

Under European law, companies must have a legal basis to process data. You have particular
rights available to you depending on which legal basis we use, and we've explained these
below. You should know that no matter what legal basis applies, you always have the right to
request access to, rectification of, and erasure of your data under the General Data Protection
Regulation (the "GDPR").

For all people who have legal capacity to enter into an enforceable contract, we process data as
necessary to perform our contracts with you (the Terms of Service, the "Terms"). The core data
uses necessary to provide our contractual services are:

  • To provide, improve, customize, and support our Services;
  • To promote safety and security;
  • To transfer, transmit, store, or process your data outside the EEA; and
  • To communicate with you, for example, on Service-related issues.

We'll use the data we have to provide these services; if you choose not to provide certain data,
the quality of your experience using Siccura ?may be impacted.When we process data you provide to us as necessary to perform our contracts with you, youhave the right to port it under the GDPR.The other legal bases we rely on in certain instances when processing your data are:

  • Your Consent:

 

  • For collecting and using information you allow us to receive through the device-based
    settings when you enable them (such as access to your GPS location, camera, or
    photos), so we can provide the features and services described when you enable the
    settings.
  • When we process data you provide to us based on your consent, you have the right to
    withdraw your consent at any time and to port that data you provide to us, under the
    GDPR. To exercise your rights, visit your device-based settings, your in app-based
    settings like your in-app location control.

 

  • Our legitimate interests or the legitimate interests of a third party, where not outweighed
    by your interests or fundamental rights and freedoms ("legitimate interests"):

 

  • For providing marketing communications to you. ?The legitimate interests we rely on
    for this processing are:
  • To promote the Company Products and issue direct marketing.

 

  • To share information with others including law enforcement and to respond to
    legal requests

?The legitimate interests we rely on for this processing are:

To prevent and address fraud, unauthorised use of the Company Products,
violations of our terms and policies, or other harmful or illegal activity; to protect
ourselves (including our rights, property or Products), our users or others,
including as part of investigations or regulatory inquiries; or to prevent death or
imminent bodily harm.


You have the right to object to, and seek restriction of, such processing.
We will consider several factors when assessing an objection including: our users' reasonable expectations; the benefits and risks to you, us, other users, or third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportionate effort. Your objection will be upheld, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.


If you are under the age of majority in your country and have a limited ability to enter an
enforceable contract, we will take particular account of the fact that you are below the age of majority and adjust our assessment of our legitimate interests and the balancing of your interests and rights accordingly.

 

  • Compliance with a legal obligation:

 

  • For processing data when the law requires it, including, for example, if there is a valid
    legal request for certain data.

 

  • Protection of your vital interests or those of another person:
  • The vital interests we rely on for this processing include protection of your life or physical
    integrity or that of others, and we rely on it to combat harmful conduct and promote
    safety and security, for example, when we are investigating reports of harmful conduct or
    when someone needs help

 

AGE RESTRICTIONS

As contained in Siccura’s Terms of Service, children under the age of 16 are not allowed to use our services

HOW TO CONTACT US

If you have any questions, concerns or complaints about this Privacy policy, practices of this product, please contact us at privacy@siccura.com

 

Version 2:  25th May 2018

 

SICCURA ACCEPTABLE AND FAIR USE POLICY

SICCURA ACCEPTABLE AND FAIR USE POLICY

Use of the Siccura App and Site, and the services available via either (“services” or “our services”), is subject to this Acceptable and Fair Use Policy (together with the documents referred to in it).

1.    We provide services for our users to use and enjoy. By using our services, You agree to this Acceptable and Fair Use Policy, which sets out the rules of good behaviour applicable to your use of our services.

2.    Should You have any questions about, or any person’s compliance with, this Siccura Acceptable and Fair Use Policy, please contact us at support@siccuraapp.com.

3.    This Siccura Acceptable and Fair Use Policy is incorporated into and forms part of the Siccura Terms of Service read with the Siccura Privacy Policy and the Siccura Cookies Policy.

4.    Any terms used in this Acceptable and Fair Use Policy will have the same meaning as the equivalent defined terms in our Siccura Terms of Service, unless the context requires otherwise.

5.    In addition to and without limiting anything in our Siccura Terms of Service, You agree that You are entirely responsible for any content that You post, submit, transmit, distribute or upload through our Service. Any use or reliance on any content by You is at your risk and we have and shall not accept any liability for any content posted, submitted, uploaded or transmitted by You or other users like You. 

6.    You agree that the Content shared by the other Siccura users with you through the Siccura can be recalled by them at any time. When the Content is recalled by the Siccura user it will be deleted from your Siccura application, however an encrypted format of that communication will remain on the third party service you use, which you will not be able to read..

7.    We take the safety of our users very seriously. We strongly urge everyone to report suspicious people and sensitive content when they come across it on the Siccura App. You can notify us of any suspicious users or objectionable content by contacting us via the “contact us” link within the Siccura App along with a brief description of the problem faced by You. You may also write in to us at support@siccura.com. We take significant efforts to make sure that the interactions encountered on the Siccura App are done so in a safe manner.

I.    PROHIBITED ACTIVITIES

1.    You agree not to engage in any of the following prohibited activities on or in relation to our services, or allow any person to use your account with us to do the same:

a)    impersonate any person or misrepresent your affiliation with any person or entity in registering an account (including by creating a misrepresentative account name or accessing another user’s account) or in making any communications or sharing or publishing any content or information using our services;

b)    name squat via your account name in a way that infringes any third party’s intellectual property rights or other rights;

c)    send any unsolicited, unauthorised spam (such as spam comments in our social media services), advertising or promotional messages, or any other commercial communications;

d)    submit, upload, transmit or display, through our services, any content (whether displayed publicly or not, and whether displayed directly or indirectly to any other users) which in fact or in our reasonable opinion:

i.    breaches any laws or regulations (or may result in a breach of any laws or regulations when used in a manner permitted by the Siccura Terms of Service);
ii.    creates a risk of loss or damage to any person or property;
iii.    is fraudulent, false, misleading or deceptive;
iv.    harms or exploits any person (whether adult or minor) in any way, including via bullying, harassment or threats of violence;
v.    is unlawful, obscene, threatening, hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable;
vi.    encourages conduct that would be considered to be a criminal offence in any jurisdiction, give rise to civil liability, violate any law or is otherwise inappropriate;
vii.    promotes or encourages self-harming;
viii.    infringes our rights or any third party’s rights, including any intellectual property rights, contractual rights, confidentiality rights or privacy rights;
ix.    is pornographic, sexually explicit, violent or otherwise of a mature nature; or
x.    encourages or is likely to encourage any of the above;

e)    misuse religious stickers, cards, or themes downloaded from the Siccura App;

f)    violate any applicable laws or regulations, including credit card fraud or bank account fraud;

g)    engage in any illegal or potentially illegal (as determined by us) activities or transactions, including sale of any illicit drugs or money laundering;

h)    gamble, provide gambling information or entice others to engage in gambling through any method;

i)    use or exploit any of our intellectual property rights (including our trademarks, brand name, logo, any other of our proprietary information or the layout or design of any page), or otherwise infringe on any of our intellectual property rights (including attempting to reverse engineer any applications or software used to access our services);

j)    access any of our services, collect or process any content made available through our services, send or redirect any communications through our services, in each case, through the use any automated bots, software, engines, crawlers, scrapers, data mining tools or the like, or attempt to do any of the foregoing;

k)    engage in any “framing,” “mirroring,” or other techniques directed at simulating the appearance or function of our services;

l)    use our services for any commercial purpose or for the benefit of any third party, except as permitted by the Siccura Terms of Service;

m)    interfere with, or attempt to interfere with, any user’s or any other party’s access to our services;

n)    intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;

o)    share or publish any other person’s personally identifiable information using our services without their express consent;

p)    probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, our services, our systems or the systems of other users;

q)    decompile, reverse compile or reverse engineer of the software used to provide our services, or seek to do any of the foregoing, except to the extent that applicable laws and regulations do not allow us to prevent You from doing this;

r)    create multiple accounts for disruptive or abusive purposes; 

s)    post advertisements for solicitations of business or for any other commercial purposes;

t)    attempt to gain unauthorized access to the Service, its related systems, networks or servers; or

u)    engage in any other activity that encourages any person or entity to breach the Siccura Terms of Service (including this Siccura Acceptable  and Fair Use Policy).

ENGAGING IN ANY OF THE ABOVE ACTIVITIES OR ALLOWING ANY OTHER PERSON TO ENGAGE IN THE ABOVE ACTIVITIES THROUGH YOUR ACCOUNT WITH US, SHALL RESULT IN YOUR ACCOUNT BEING PERMANENTLY DELETED OR DISCONTINUED. FURTHER, YOU WILL BE PROHIBITED FROM USING OUR SERVICES IN THE FUTURE.

II.    PROHIBITED USERS

You may not register for or use our services if:

1.    You have been convicted of any child abuse offence or sex offence;
2.    You are less than 18 years of age; or
3.    we have previously terminated your account and advised You that You may no longer use our services.

III.    FAIR USAGE

1.    Once You have downloaded the Siccura App, You can send emails, messages, store data free of charge. However, you can use the Siccura App only on one device, To use the Siccura App on more than one devices you will be required to become a premium or an ultimate user on the payment of certain charges. Moreover, You may also choose to access additional features on becoming a premium user or an ultimate user   from time to time. In case You choose to not become a premium or ultimate user, send emails, messages, store data free of charge but, usage of such free features shall be as per a pre-defined limit set by us. In the event You exceed the set limit, then we reserve the right to discontinue your use of such features for such time as we deem fit.

2.    In case You choose to become a premium user by purchasing the additional features, your use of the premium features will be subject to the terms and conditions governing such premium features, from time to time.  You must also comply with the terms of payment as contained in the Siccura Terms of Service herein in relation to your payments with us for the purchase of such premium features or otherwise.

IV.    CONTACT SICCURA

If you have any concerns about this Acceptable and Fair Use Policy, You may contact us via email on support@siccura.com


Version 3: Last updated on 25th May 2018