Terms and Conditions

1. The company DifferentCypher (herein also known as "we") operates the www.KEWYT.com online platform/website ("the Service"). This software may be updated automatically and if such software is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use. So long as the user complies with these Terms, a nontransferable, revocable license is granted to access the Service; this license, however, does not constitute a sale of the software or any copy thereof, and DifferentCypher retains all (intellectual property) rights, title and interest in the software. The Service may be modified from time to time, often without prior notice to users. Continued use of the Service by users constitutes their acceptance of such modifications. If users are not satisfied with a modification made to the Service, their sole remedy is to terminate the use of the Service, without right of requesting the return of the amount paid, nor any indemnity. In case of linguistic doubt, the Portuguese version of the current document is considered as paramount and will prevail over the English version.

I. Personal information

2. The current Terms and Conditions aims to inform the platform users of the policies regarding the collection, use and disclosure of Personal Information when using the Service. The user may never use another user's account without permission and may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, as legally established

3. Personal information will not be used or shared, except as described in this Terms and Conditions. Users are responsible for safeguarding their password and for all activities that occur under their account. Users should inform immediately if they become aware of any breach of security or unauthorized use of their account.

4. Personal Information can be used for the regular functioning and improvement of the Service. By using the Service, the user agrees to be bound by these Terms and our Terms and Conditions. If users are using the Service on behalf of an organization or entity, then they are agreeing to these Terms on behalf of that organization and are agreeing that they represent and warrant that they have the authority to bind the organization to these Terms.

II. Information Collection and Use

5. While accessing our Service for the first time, the user will be asked to provide certain personally identifiable information that can be used to contact or identify the user. Personally identifiable information may include, but is not limited to, email address, name and other information ("Personal Information").

III. Log data

6. The information sent by the user's browser whenever visiting our Service is collected ("Log Data"). This Log Data may include information such as the computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that are visited, the time and date of the visit, the time spent on those pages and other statistics.

7. It is possible that usage is made by third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase the Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.

IV. Location information

8. Information on the user's location may be collected, used and stored. This information can be used to provide features to improve and customize the Service. Location services can be enabled or disabled when using the Service at any time, by the user, through the mobile device settings.

V. Cookies

9. Kewyt® uses cookies

10. Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to the user's browser from a web site and stored on the computer's hard drive.

11. Cookies can be used to collect information. The user can configure the browser to refuse all cookies or to indicate when a cookie is being sent. However, in that case, the user may not be able to use some portions of the Service.

VI. Service providers

12. Third party companies and individuals may be used to facilitate, or to provide the Service on behalf of DifferentCypher, to perform Service related services or to assist in analyzing the usage of the Service used.

13. These third parties have access to certain Personal Information only to perform the abovementioned tasks and will be obligated not to disclose or use it for any other purpose.

VII. Communications

14. Personal Information can be used to contact the users with newsletters, marketing or promotional materials and other information that may be of interest. Users may expressly request to opt out of receiving any, or all, of these communications.

VII. Compliance with laws

15. Personal Information can be disclosed where required to do so by law or subpoena or if such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of the Service.

IX. Business transaction, insolvency or judicial order

16. If DifferentCypher is involved in a merger, acquisition or asset sale, users Personal Information may be transferred or in case of insolvency or judicial order, disappear from Internet, without users right to indemnity.

X. Security

17. Industry standard technical and organizational security measures shall be used in connection with the storage and processing of users content. Such measures are designed to protect the integrity of such content and to guard against unauthorized or unlawful access to, use of, or processing of such content. The security of users Personal Information is important, but DifferentCypher does not guarantee, nor can be held responsible for the lack of protection against all kind of electronic threats.

XI. Agreement

18. Use of the platform represents the agreement of the user with this Policy.

XII. Links To Other Sites

19. Initially the Service does not contain links to other sites.

XIII. Children's Privacy

20. Our Service does not address anyone under the age of 16 ("Children").

21. If it is discovered that Children have provided us with Personal Information, DifferentCypher should be contacted and will delete such information from servers.

XIV. Changes to this Terms and Conditions

22. Terms and Conditions can be updated by posting the new Terms and the new Terms and Conditions on this page.

23. Users are advised to review these Terms and Conditions periodically for any changes. Changes to these Terms and Conditions are effective when they are posted on this page.

XV. Termination

24. The user is free to stop using the Service at any time. DifferentCypher reserve the right to suspend or end the Service at any time at our discretion and without notice and without any right of indemnity to the users.Payment only guarantees access to the Service until 31.12.2016, DifferentCypher does not ensure access to the Service after that date, nor is liable if the access to the Service is not maintained after that date. DifferentCypher may also terminate or suspend users access to the Service if they are not complying with these Terms or if they are using the Service in a manner that we believe may cause us financial or legal liability.

XVI. Indemnification

25. The user agrees to defend and hold harmless DifferentCypher and its licensee and licensors, and its employees, contractual parts and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from their use of and access to the Service or the software, or from or in connection with any content uploaded to the Service through users account by a third party using their account.

XVII. No Warranty

26. The service is provided on an "as is" and "as available" basis without any warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement of rights. DifferentCypher is not responsible for any third party content that users download or otherwise obtain through the use of the Service or for any damage or loss of data that may result. DifferentCypher does not warrant, endorse, guarantee, or assume responsibility for any third party software or service that provides access to user's content.28. The Service is controlled, operated and hosted from within Portugal. DifferentCypher makes no guarantees that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all laws and regulations applicable in Portugal and the European Union.

XVIII. Limitation of Liability

27. To the maximum extent permitted by law, in no event shall DifferentCypher, its agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages, including without limitation damages for loss of profits, goodwill, data or other intangible losses that result from the use of, or inability to use, the service, whether or not DifferentCypher has been warned of the possibility of such damages and even if a remedy fails of its essential purpose. DifferentCypher's aggregate liability for all claims related to the service shall not exceed the amounts paid by the user to DifferentCypher in connection with use of the Service.

XIX. Dispute Resolution

28. The user agrees that prior to filing any claim against DifferentCypher relating to the Service or arising out of these Terms the user will first contact the company to provide it with an effort to resolve the issue in an informal manner. 31. If such dispute is not resolved to mutual satisfaction, within 30 days of submission of the request, then either party may bring a formal claim, which shall be resolved through final and binding arbitration administered by the Centro de Arbitragem Comercial da Câmara de Comércio e Indústria Portuguesa, in Lisbon, Portugal.

XX. Governing Law

29. These Terms will be governed by the laws of Portugal and European Union.

XXI. Notices

30. Legal notices and notices related to user's account may be provided via email using the email address associated with the user's account.

XXII. Contact us

31. In case of questions about these Terms and Conditions, please contact us.

June 10, 2016

 

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