Version Date: Apr 10th, 2018
By using the Service or I.X R2 Device, downloading the Application, accessing this Website or creating an Account, you are accepting and agreeing to enter into an agreement (the “Agreement”) with I.X (“I.X”, “we”, “us”, or “our”) for the use of the applicable Services, I.X R2 Device, Application, Account and Website. If you do not agree to abide by the above, please do not use this Website, Application, Account, I.X R2 Device or Services. In addition, when using particular services, you also shall be subject to any posted guidelines or rules applicable to such services.
The Service, I.X R2 Device, Application, Account and Website do not target and are not intended for children under the age of 13. Minors over the age of 13 but under the age of majority cording to local law may use the Service only with consent from their parents or legal guardian. Furthermore, if you use the Service, I.X R2 Device, Application, Account or Website on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Agreement.
The following terms when appearing within the Agreement shall have the following meanings:
To use the Service, you need to create an Account and follow instructions for subscription. When creating an Account, you must provide I.X with current, complete and accurate information. You agree to maintain and are responsible for maintaining the confidentiality of your password and user name. You agree that if your user name and password are used on the Account, I.X may attribute that use to you and you will be legally bound by it and responsible for any and all activities that occur under your Account. You agree to notify I.X immediately of any unauthorized use of your account or any other breach of security at the email address: firstname.lastname@example.org.
You acknowledge and agree that one Account can be activated on one mobile phone only, if you activate the same Account on the other mobile phone, the original one will be de-activated.
Once you activate a new Account in Application with the I.X R2 Device, you subscribe the Service (“Initial Subscription”) which may expire pursuant to the subscription terms set forth in your bundled service package with your distributor. You may need to purchase a subscription when the Initial Subscription expires. Subject to the valid subscription, I.X hereby grants you a limited, non-exclusive, revocable, personal and non-transferable Subscription with the right to download the Application and use the Service.
The Subscription enables you to perform the following tasks within the I.X R2 application:
The Subscription will remain valid substantially so long as all fees related thereto are paid in full and neither Party is in material breach of the Agreement. I.X reserves the right in its sole discretion to update or cease the functionalities of Subscription described above at any time.
I.X reserves the right to revoke or amend the terms of the Subscription at any time and for any reason in its sole discretion.
By accessing and/or using the Website, Application, I.X R2 Device or the Service, you hereby agree to comply with the following user’s guidelines (“Guidelines”):
Whenever you’re using the Website, Application, I.X R2 Device or the Service, you will comply at all times with our Acceptable Use Policy, which is below as Exhibit A;
You will not use the Website, Application, I.X R2 Device or the Service for any unlawful purpose, including, without limitation, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, or pirating content;
You will not access or use the Website, Application, I.X R2 Device or the Service to collect any market research for a competing business;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website, Application, I.X R2 Device or the Service;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, Application, I.X R2 Device or the Service, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file; and
You will not interfere with or attempt to interrupt the proper operation of the Website, Application, I.X R2 Device or the Service through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website, Application, I.X R2 Device or the Service through hacking, password or data mining, or any other means.
Please let us know about inappropriate behavior. If you find something that violates our Guidelines, let us know by sending us an e-mail to email@example.com, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny your access to the Website or the Service, or any portion of them, without notice.
The Website, Application, Account, I.X R2 Device and Service contain material, such as software, text, graphics, images, and other material provided by or on behalf of I.X (collectively, the “Content”).The Content or any elements of Content presented to you as part of the Website, Application, Account, I.X R2 Device and/or the Service, including, but not limited to, advertisements, may be owned by I.X or by third parties and are protected by trade dress, trademark, unfair competition, patent, or any other intellectual property rights under both Taiwan and foreign laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. I.X or such third parties shall remain the holder of all intellectual property rights of the Content as well as all other rights in the Contents offered to you by I.X, and such rights shall not be transferred to you. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. The trademarks, service marks, and logos of I.X (the “I.X Trademarks”) used and displayed on the Website, Application, Account, I.X R2 Device and/or Service are registered and unregistered trademarks or service marks of I.X. Other company, product, and service names located on the Website, Application, I.X R2 Device and/or Service may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with I.X Trademarks, the “Trademarks”). Nothing on the Website, Application, Account, I.X R2 Device and/or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of the I.X Trademarks or Content inures to I.X’s benefit.
You shall supply the necessary mobile device, communication device, operating system, and data connection necessary for using the Service under your own responsibility and at your own expense. As mentioned above, you also need to create an Account, and have valid Subscription and an I.X R2 Device to get access to the Services. I.X reserves the right to limit access to the whole or part of the Service depending upon conditions that I.X considers necessary, such as age, identification, current membership status, and the like. I.X reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at any time without any prior notice to you.
I.X may, at its sole discretion, provide certain customer support for the Service, Application and I.X R2 Device through the Website or I.X’s customer support team as further detailed on the I.X website: www.ix-security.com
The Application, Service and I.X R2 Device are intended for individual use by you and are not intended for resale or re-export. The Application, Service and I.X R2 Device contain encryption technology that is or may be specifically controlled for export by the governments of the Swiss Confederation or the United States. As a result, the export, or otherwise transfer the Application, Service and I.X R2 Device to or into Cuba, North Korea, Sudan or Syria, or any embargoed countries or a resident of those countries or to any person on the Specially Designated Nationals List maintained by the United States Treasury or the Table of Denial Orders or Entity List maintained by the United States Department of Commerce, may be prohibited.
When subscribing to the Service, using the I.X R2 Device and downloading the Application, you certify to I.X that you are eligible to receive products exported from the United States or Switzerland, without any restrictions.
You agree to defend, indemnify, and hold I.X and our officers, directors, employees, successors, agents, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and attorneys’ fees, arising or resulting from your breach of this Agreement and/or your access to, use, or misuse of the Website, I.X R2 Device, Application, Account or Service. We will provide notice to you of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
The Website, Application, Account, I.X R2 Device, and Service, including without limitation, updates and upgrades for any software installed on your device that you download via the Website, are provided "AS IS," "WITH ALL FAULTS" and "AS AVAILABLE," and the entire risk as to satisfactory quality, performance, availability, security, accuracy and effort is with you to the maximum extent permitted by applicable law, and you will be solely responsible for any damage to your device or loss of data or content that results from download of any material or use of the Website, Service, Application, Account and/or I.X R2 Device. I.X will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technically harmful material that may infect your device, computer programs, data or other proprietary material due to your use of the Website, Application, Account, I.X R2 Device and/or Services, or on any website linked to it. You may have additional consumer rights under your local laws that these terms set forth cannot change. In particular, to the extent local legislation implies statutory terms which cannot be excluded, those terms are deemed incorporated into this document but I.X's liability for a breach of those statutory implied terms is limited in accordance with and to the extent permissible under the applicable legislation.
I.X MAKES NO OTHER OR FURTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE SERVICE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT I.X’S LIABILITY TO YOU IN CONNECTION WITH I.X R2 DEVICE, WEBSITE, APPLICATION, ACCOUNT, SERVICE, AND/OR THIS AGREEMENT IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO I.X UNDER THIS AGREEMENT. I.X IS NOT LIABLE TO YOU FOR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, LOSS OF PROFIT OR INDIRECT DAMAGES.
I.X reserves the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, Application, Account or the Service, at any time and for any reason without prior notice or liability. I.X reserves the right to change, suspend, or discontinue all or any part of the Website, Application, Account or the Service at any time without prior notice or liability. You may terminate this Agreement by contacting us at firstname.lastname@example.org. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, Intellectual Property, Regulatory Restrictions, Indemnification, No Warranty, Termination and Miscellaneous Provisions.
a. Governing Law and Jurisdiction.
You agree that all disputes, claims or controversies relating to this Agreement, Website, Application, Account, I.X R2 Device or the Service, will be governed by the laws of Taiwan without regard to its principle of conflicts of laws. You agree to the personal jurisdiction of the courts in Taipei, Taiwan and waive any objection to such jurisdiction.
The Parties agree that the United Nations Convention on the International Sale of Goods is specifically excluded from applying to this Agreement or the Service.
Unless the following limitation is prohibited by applicable law, any claim or cause of action arising out of or related to this Agreement or the use of the Website, Application, Account, I.X R2 Device or Service must be brought within one (1) year after the cause of action arose or be barred.
b. Entire Agreement; Assignment. you may not assign this Agreement without the prior written consent of I.X. In cases where you are a company, government agency or institution or other organizations, you may manage and transfer licenses for the Service among its current employees, agents and officers but may not transfer its licenses or this Agreement to another organization or entity without I.X’s permission. Unless you are also an I.X distributor or reseller under a separate contract, this Agreement is the entire agreement between you and I.X, and there are no other written or implied agreements between the Parties.
c. Severability. If for some reason any part of this Agreement is deemed to be void or unenforceable, the rest of the Agreement will remain in effect so long as the modified Agreement does not fail of its purpose.
d. Changes. I.X may make changes to this Agreement from time to time. I.X will publish the changes at www.ix-security.com/legal/terms.html. The changes will be effective when published unless indicated otherwise in the updated Agreement. You understand and agree that your express acceptance of the Agreement by clicking a box (if one is made available to you), or continued use of the Website, Application, Account, I.X R2 Device or Service after the date of publication of an updated Agreement shall constitute full acceptance and consent to the updated Agreement. If you do not agree to any updated version, you must immediately terminate your registration and/or discontinue your use of the Website, Application, Account, I.X R2 Device and Service.
e. Headings. The headings used in this Agreement are for convenience only and may not be used to construe meaning or intent in any of the rest of the Agreement.
f. Language. This Agreement has been drawn up in the English language. A translation may be made available at I.X’s discretion save that should that there be any inconsistency the English version will prevail.
I.X respects free and open discussion and dissemination of information, however, when there are competing interests at issue, I.X reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, I.X has developed this AUP, which supplements and explains certain terms in the Agreement and is intended as a guide to your rights and obligations when utilizing the Service and the Website. This AUP will be revised from time to time, without any obligation to notify you of the same. Your use of the Website or Service after changes to this AUP are posted on the Website shall constitute your acceptance of any new or additional terms.
When you obtain information via the Service, you must keep in mind that we cannot, and do not make any attempt to, monitor, verify, warrant, or vouch for the accuracy, usefulness or quality of the information that you may acquire. For this reason, you must exercise your best judgment in relying on information obtained from the Service, and also should be aware that some material may be sexually explicit or otherwise offensive. Because we cannot monitor or censor the Service, and will not attempt to do so, I.X shall not be responsible for injury to you that results from inaccurate, unsuitable, offensive, or illegal Messages.
When you disseminate information via the Service, you must keep in mind that I.X does not review, edit, censor, or take responsibility for any information you may create. When you place information on the Service, you have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information you create is carried over networks and may reach a large number of people, your Messages may affect other users and may harm our goodwill, business reputation, and operations. For these reasons, you violate this AUP and the Agreement when you engage in or facilitate the following prohibited activities:
1. Intellectual Property Violations. Using the Service to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, patents, or privacy or publicity rights held by individuals, corporations, or other entities. We are required by law to remove or block access to user content upon receipt of a proper notice of copyright infringement. It is also our policy to terminate the privileges of users who violate copyright laws or any other intellectual property laws.
2. Obscene Speech or Materials. Using the Service to view, advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. We are required by law to notify law enforcement agencies when we become aware of the presence of child pornography on or being transmitted through the Service.
3. Defamatory or Abusive Language. Using the Service as a means to transmit or post defamatory, harassing, abusive, or threatening language.
4. Spamming. Using the Service to send unsolicited bulk and/or commercial messages (known as “spamming”). Spamming is not only harmful because of its negative impact on consumer attitudes toward I.X, but also because it can overload our networks and disrupt service to our other users. When a complaint is received, we have the discretion to determine from all of the evidence whether the recipients were from an “opt-in” email list.
5. Forging of Headers. Using the Service to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message.
6. Illegal or Unauthorized Access to Other Computers or Networks. Using the Service to access illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
7. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities. Using the Service to distribute information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks.
8. Export Control Violations. Using the Service to export encryption software to points outside the United States.
9. Other Activities. Using the Service to engage in activities, whether lawful or unlawful, that I.X determines to be harmful to our users, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with you. We do not read or monitor the contents of the Messages of our users to ensure that they comply with the Agreement, this AUP, or applicable law. However, if we become aware of harmful activities, we may take any action to stop the harmful activity, including, but not limited to, removing information, implementing screening software designed to block offending transmissions, denying access to the Website or Service, or taking any other action that we deem appropriate.
We hope this AUP is helpful in clarifying your obligations as a responsible user of the Service. Any complaints about a user’s violation of this AUP should be sent to email@example.com