Securest Pty Limited (“Dekko”)
ABN 31 166 558 676
Terms of Service (“Terms”)
1. Dekko provide services made available at our website at http://www.dekkosecure.com (“website”), which enables users to encrypt by way of our “Dekko” encryption system (“Dekko”), upload, store, manage, download and decrypt files, information, material and other data (“data”) and give access to that data to third parties (“services”).
2. These terms are binding and apply to any use of the services and website by you and anyone that you allow to access your data or our services. By using our services or the website, you and they irrevocably agree to these terms.
3. We can change these terms at any time and we will provide you notice of the change, via our website, by sending you an email or via any messaging service we provide. Your continued use of the service after that notice means that you agree to the changed terms.
4. If you comply with these terms, then we grant you a non-exclusive, non-transferable, worldwide licence to access and use our service via the website in accordance with these terms and the user plan for which you have subscribed.
5. If you allow others to access your data (e.g. by, amongst other things, giving them a link to, and password to decrypt, that data), in addition to them accepting these terms, you are responsible for their actions and omissions while they are using the website and services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms.
6. You should keep your password safe and confidential and not release them to anyone unless you wish them to have access to your data. If you lose or misplace your password, you will lose access to your data and only recovery mechanism is if you nominated another Dekko user within your circle of users to assist with a password reset.
7. You should keep copies of all data stored by you on our service. We do not guarantee that there will be no loss of data or the services will be bug free.
8. We will store your data on our service subject to these terms and any plan you subscribe to. If you stop using our services, you must retrieve your data because, after that, we will delete it. If we suspend our services to you because you or someone you have given access to has breached these terms, during the term of that suspension, we may if we wish deny you access to your data. If we terminate our services to you because you or someone you have given access to has breached these terms, we will delete your data immediately. If we cease providing all our services for other reasons, we will, if reasonably practicable and we are not prevented by law from doing so, give you 30 days’ notice to retrieve your data.
10. We can change the fees for our services at any time if we give you 30 days’ prior notice
11. If at any time you do not make a payment to us on time (including on termination), we can (without affecting any other rights we may have against you);
11.1 demand, default interest on any amount you owe us at 10% per annum calculated on a daily basis, from the date when payment was due until the date when payment is actually made by you, plus all expenses and costs (including our legal costs) in connection with us trying to recover any unpaid amount from you; and/or
11.2 suspend or terminate your use of the service.
12. You must:
12.1 keep up to date your correct contact and billing details and notify us promptly if these change;
12.2 comply with all laws and rules that relate to your use of the website, the service and any data you upload to our service.
13. The license that we give you to use the website and our services does not give you the right to use any of our copyright, intellectual property or other rights other than for the purposes of using the services.
14. You are not allowed to, and you can’t let anyone else, copy, alter, distribute, display, licence, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any of our copyright, intellectual property or other rights without getting our permission first in writing, unless in order to use our services and the website or as allowed under any open source licences under which we use intellectual property provided by others.
16. You guarantee that you are authorised to use, any intellectual property in any data you transmit using our service and you indemnify us against any action or claim to the contrary.
17. You must not:
17.1 assign or transfer any rights you have under these terms to any other person without our written agreement;
17.2 do anything that would damage, disrupt or place an unreasonable burden on our website or service or anyone else’s use of our website or a service including but not limited to denial of service attacks or similar;
17.3 infringe anyone else’s intellectual property (including but not limited to copyright) or other rights in any material.
17.4 resell or otherwise supply our services to anyone else without our prior written consent;
17.5 You must not use our website or a service to do any of the following:
17.5.1 store, use, download, upload or otherwise transmit, data in violation of any law (including to breach copyright or other intellectual property);
17.5.2 send unwelcome communications of any kind (including but not limited to unlawful unsolicited commercial communications) to anyone (e.g. spam or chain letters);
17.5.3 store, use, download, upload or otherwise transmit, unsuitable, offensive, obscene or discriminatory information of any kind;
17.5.4 run any network scanning software, spiders, spyware, robots, open relay software or similar software;
17.5.5 upload anything or otherwise introduce any spyware, viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else’s, network or system;
17.5.6 attempt to gain unauthorised access to any services other than those to which you have been given express permission to access; or
17.5.7 trick or defraud anyone for any purpose.
18. Upon registration to use the service, you will generate a private key based on your username and password. Your password is not stored by or known to Dekko so you need to make sure it is kept secure.
19. We require that users of our services comply with the laws of copyright. You are strictly prohibited from using our services to infringe copyright. You may not upload, download, store, share, display, stream, distribute, e-mail, link to, transmit or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.
20. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. We do not have access to your data, other than the metadata associated with each message transaction. Any request to access your data will be redirected to you.
Suspension and Termination
22. You can terminate your access to the website and our services at any time by asking your circle administrator to disable your account or cancel the circle subscription plan which will delete all users and their data in your circle after acceptance. The circle administrator will have a menu option to cancel subscription or you can send a request by email to email@example.com. We will not provide any part- refund for any time not used on any subscription you may have.
23. We can immediately suspend or terminate your access to the website and our services without notice if you breach any of these terms or any other agreement you have with us.
24. At our discretion we may also terminate or suspend our services or any part of our services, for all users or for groups of users, at any time.
25. All charges outstanding on your account must be paid at termination.
Severability and Waiver
26. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If we do not enforce any right or provision of these terms or if we in any instance grant any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate us to grant any concession or indulgence to anyone else.
27. We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.
29. Subject to the law and to these terms, all implied conditions and warranties regarding the service are excluded to the extent permitted by law.
30. While we aim that the service should be available 24 hours a day, seven days a week, we do not make any promise or representation that our website or the service will be without any faults, bugs or interruptions.
31. You agree that on occasions the website or service may be unavailable to permit maintenance or other development activity to take place or be periodically interrupted for reasons outside our control.
32. We do not make any promises about the accuracy of the information on our website.
33. We do not warrant that the service will meet your requirements or that they will be suitable for any particular purpose. It is your sole responsibility to determine that the service meet the needs of your business or otherwise and are suitable for the purposes for which they are used.
34. We will not be legally responsible for:
34.1 any corruption or loss of data or other content which you or anyone else may experience after using our website or the service;
34.2 any actions of third parties which disrupt access to our website including the:
34.3 content of other people’s websites even if a link to their website is included on our website (we just include the links for convenience to you).
Limitation of liability and indemnity
35. To the full extent permitted by law, we will have no liability to you-whether in contract, tort or any statutory basis- for any damages or costs arising from any alleged loss of data, loss of revenue or profit or loss of other business opportunity relating directly or indirectly from:
35.1 your use of the service;
35.2 any interruption to the service or access to our website.
36. You will indemnify us and keep us indemnified against all actions or claims referred to in clause 37 as well as our legal costs and expenses in defending any such actions or claims.
Disputes and Choice of Law
37. The relationship we have with you under these terms (and any disputes arising from this agreement, its termination, or our relationship with you) will be governed by the laws of the Netherlands. For this purpose, both you and we agree to submit to the exclusive jurisdiction of the tribunals and courts of the Netherlands.
Information and Privacy
38. We reserve the right to disclose data and other information to third parties if and to the extent required by law.
40. You can contact us by sending an email to the following address. If we need to contact you or provide you with Notice we will email you at the email address you gave us when you registered for the service and/or through any internal messaging system we provide.