Terms of Service

TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY BEFORE DOWNLOADING THE ZEQUR SOFTWARE. BY DOWNLOADING THE ZEQUR SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE, IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, DO NOT DOWNLOAD THIS SOFTWARE.

1. GENERAL.

By accepting the present Terms of Service you enter a legal agreement with the Danish limited company Zequr International ApS (“Zequr”), CVR DK31431980, that distributes and delivers the Zequr Extensions and the Zequr Browsers (“Service”) that can be used to manage credentials, bookmarks and confidential data. Some of the components of the Service are software programmes (“Software”) that can be installed on computers, tablets and smart phones.

Software for computers can be downloaded from Zequr’s homepage www.zequr.com and Software for tablets and smart phones can be downloaded from the associated application stores. The Software is made available for all registered Zequr users in free as well as paid for editions.

The Software is licensed, not sold, to you by Zequr for use only under the Terms of Service, and Zequr reserves all rights not expressly granted to you.

2. PERMITTED USES AND RESTRICTIONS

This Terms of Service allows you use the Software and the Service for both commercial and private purposes. The Terms of Service does not grant you any rights to use Zequr proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications.

You may not and you agree not to, or to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provided by Zequr. Any attempt to do so is a violation of the rights of Zequr, and if you breach this restriction, you may be subject to prosecution and damages.

You are not allowed, directly or indirectly, to attempt to gain unlawful access to the Service, by for instance attempting to login to other users’ Zequr accounts, or in any other way attempting to harm Zequr or Zequr’s registered users. In case of any illegal or otherwise conscious attempt to harm Zequr, Zequr reserve the right to immediately annul your Agreement, close your Zequr account, and erase all data stored under it.

3. YOUR RESPONSIBILITY

You may use the Software to upload data to and download data from servers controlled by or approved by Zequr (“Servers”). If you do that you agree to be responsible for your activities and for the data you store on the Servers.

When you create a Zequr account you accept the full and unlimited responsibility for your Zequr account.

You accept the fact that Zequr has chosen a technology that makes it impossible for Zequr to help you in case you should forget your login data or in any other way are deprived access to your Zequr account. Without your login data to your Zequr account you will not be able to get access to the encrypted data you may have uploaded to the Servers. It is at your sole responsibility to remember and safe guard your login data to your Zequr account.

4. YOUR DATA

Zequr cannot read your data on the Servers, except for your personal information and your username. For security reasons your data are encrypted using Rijndael algorithm, SHA 512 and a proprietary encryption technology developed by Zequr. Your secret Zequr pattern is a component of said encryption technology, and in order to maximize security your pattern is not stored on either the Zequr servers or on your computer or your smart phone.

That is why your credentials as well as any other data are at your sole responsibility. If you forget your login data to your Zequr account or in any other way are deprived from these data, Zequr can not reconstruct them for you. We have chosen this technology because it provides you with the highest level of security. You can print out your data and store them in a safe place, but if you choose to do that it is at your sole responsibility.

Zequr does not have ownership over any data you store on the Servers. Your personal information including you email address will never be used for any purpose other than what is needed to deliver the Service.

At any given time you can change or remove your data from the Servers. If you choose to annul your account, thereby removing your data from Zequr´s servers, these data cannot be reconstructed subsequently.

5. CONSENT TO USE OF NON-PERSONAL DATA

You agree that Zequr may collect and use technical and related information, including but not limited to information about your tablet, smart phone, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to Zequr and to verify compliance with the Terms of Service. Zequr may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

6. UPDATES

Zequr reserves the right to change and improve the Software and the Service at any given time. Updates will be announced online at the time of login to your Zequr account, and we advise you to ensure that you always have the newest version of the Software installed on both your computer, your tablet and on your smart phone.

7. TERMINATION

These Terms of Service is effective until terminated. Your rights under the Terms of Service will terminate automatically without notice from Zequr if you fail to comply with any term(s) of the Terms of Service. Upon the termination of the Terms of Service, you shall cease all use of the Software and the Service.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ZEQUR SOFTWARE AND SERVICE IS AT YOUR SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ZEQUR SOFTWARE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ZEQUR HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ZEQUR SOFTWARE AND SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

ZEQUR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE ZEQUR SOFTWARE AND SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ZEQUR SOFTWARE AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE ZEQUR SOFTWARE OR SERVICE WILL BE CORRECTED, OR THAT THE ZEQUR SOFTWARE AND SERVICE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE.

YOU FURTHER ACKNOWLEGE THAT THE ZEQUR SOFTWARE AND SERVICE ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE ZEQUR SOFTWARE OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE OF ANY KIND. SHOULD THE ZEQUR SOFTWARE OR SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ZEQUR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE ZEQUR SOFTWARE AND SERVICE OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE ZEQUR SOFTWARE AND SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ZEQUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ZEQUR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF 10 DANISH CROWNS (DKK 10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. GENERAL LEGAL TERMS

If you send ideas and suggestions for improving the Software or the Service to Zequr, you then give Zequr unlimited rights to implement such ideas and suggestion or to utilize them in other ways. You cannot claim any financial or other compensation for ideas or suggestions sent to Zequr.

Zequr reserves the right to publish its own or third party advertisements on all free editions of the Software and the Service.

The relationship between you and Zequr is governed by applicable Danish Legislation, and you accept that any judicial twist will be brought before the Danish Court of Justice.

Zequr reserves the right to change the Terms of Service without notice. If you continue to use the Software and the Service after a change of the Terms of Service, your continued use of the Software and the Service will be viewed upon as your complete acceptance of the changes.

Zequr International ApS and the trademark Zequr are owned by Zequr Technologies A/S.

Effective date of Terms of Service: December 1, 2011.

Zequr International ApS

Hoejgaards Allé 14

DK-2900 Hellerup

Denmark