Terms and Conditions
Last updated: September 13 2023.
These terms and conditions (“Agreement”) set forth the general terms and conditions of the website, www.secretsplus.com (“Website” or “Service”), and any of its related products and services (the “Related Services,” and collectively with the Website or Service, the “Services”). All products or Related Services that incorporate the Website are governed by this Agreement.
This Agreement is legally binding between you (“User,” “you,” or “your”) and the Website operator, Teradact Acquisition LLC, and its affiliates and subsidiaries (“Operator,” “we,” “us,” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User,” “you,” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services.
By accessing and using any of the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
This Agreement contains two parts. In the first place, the General Terms and Conditions that are applicable to the Website, and in the second place, special terms and conditions that are applicable to the Related Services, including the functionality thereof. To use the Services, you agree to both parts of this Agreement.
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and thereof and supersedes all prior agreements and understandings, oral or written, with respect to such matters, which the parties acknowledge have been merged into such documents, exhibits and schedules. All clauses of the General Terms and Conditions are applicable to the Website and Related Services and cannot be deviated from. Both the General Terms and Conditions and the specific clauses regulate the use of the Website and its Related Services. They should be read together as a whole.
1. General Terms and Conditions
Eligibility to use the Services
In order to access or use the Services, you may have to register for an online account with a password. No one under 18 is allowed to create an account or use the Services. By using the Services, you represent, warrant, and agree that: (1) you can form a binding contract with Operator; (2) you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; and (3) you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
All information that we collect about you through the Services is subject to the Operator’s Privacy Policy. You also acknowledge that the Operator may establish additional terms and conditions that apply to your access or use of some areas or functionalities of the Services (“Additional Terms”) concerning the use of those areas or functionalities of the Services, including, but not limited to, payment requirements and separate license agreements. If there is a conflict or inconsistency between this Agreement and any Additional Terms, the Additional Terms shall govern your access and use of the respective area or functionality of the Services.
License to use the Services
As between you and us, Operator (and its licensors) is the owner of the Services, including all proprietary content, information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and “look and feel” of the Services, and all related intellectual property rights. Subject to this Agreement, Operator grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is for the sole purpose of using and enjoying the Services in a way that this Agreement allows. You may not use the Services in ways that are not authorized by this Agreement.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you are unsure what those charges may be, you should ask your service provider before using the Services.
User Content
Whenever you make use of a feature that allows you to upload data, text, photographs, videos, messages, audios, or other materials (“Content”) to our Services, or to make contact with other users of our Services, you must comply with this Agreement, including without limitations the section below headed “Prohibited uses.”
You warrant that any such contribution complies with this Agreement, and you will be liable to the Operator and indemnify us for any breach of the foregoing warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
You retain all of your ownership rights in your Content, and any third-party shall retain ownership rights in their Content that is uploaded to our Services, but you are required to grant us a limited license to use, store and copy that Content and to distribute and make it available to third parties, including other users of the Services. When you upload or post Content to our Services you grant us the following rights: (1) a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated Content solely in order to provide our services and make the Services available, to expire when the User deletes the Content from the Website or Related Services; and (2) a worldwide, non-exclusive, royalty-free, transferable license for other users to use the Content for their own purposes. You must also ensure that you have the right to upload Content to the Website. Without limiting the generality of the foregoing, you authorize the Operator to include Content in a searchable format that may be accessed by users of the Services and third-party websites, provided, however, that the Operator shall have no liability for Content that can be public and visible on the Services, third party websites, or search engines, including after deletion of such Content by you or the Operator.
Please note that if you provide feedback or suggestions, you grant us the right to use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy.
While we are not required to do so, we may access, review, screen, and delete your Content at any time and for any reason, including to provide and develop the Services or if we think your Content violates this Agreement.
None of the Users of the Services should rely on information shared via the Services. The Content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content of our Services.
We make no representations, warranties or guarantees, whether express or implied, that the Content on our Services is accurate, complete or up to date.
When our Users post Content to our Services, whether that Content is posted publicly or sent privately, the Content is the sole responsibility of the User or entity that submitted it. Although we reserve the right to review or remove Content that appears on the Services, we do not necessarily review all of it. Accordingly, we do not guarantee that other Users or the Content they provide through the Services will be suitable for your use or access or otherwise comply with this Agreement.
Copyright Infringement
Images, text, or other information posted or found on the Services are solely for the use of users who agree to abide by this Agreement and the Operator’s Privacy Policy, and may not be accessed, used, reproduced, or published for any purpose, commercial or otherwise, without the express written permission of the Operator and the owner(s) of the images, text, or other information. If you believe that anything on the Services infringes your copyrighted work, please provide us with written notice of such infringement. Such notice must include the following to be in compliance with the U.S. Digital Millennium Copyright Act (“DMCA”): (a) the physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) information reasonably sufficient to permit us to locate the copyrighted work; (d) your contact information, including, your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) a statement that the information in the written notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Send the written notice to our designated agent for notice of alleged copyright infringement at:
By Email: [email protected]
By Mail: Teradact Acquisition LLC
400 W Broadway
Suite 101-432
Missoula, MT 59802
The Operator reserves the right to remove or restrict access to any Content alleged to be infringing or terminate your account if you are determined to be a repeat infringer. The Operator may do so in its sole discretion, without prior notice, and without any obligation or liability to you.
Backups
We are not responsible for the Content residing on the Services. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
The Operator is not responsible for any data breaches, loss of data, or any other act that would expose your data that was submitted through the Website or Related Services.
Suspension or withdrawal of Website and Services
The Operator does not guarantee that the Services, or any Content thereon, will always be available or be uninterrupted. We may suspend, withdraw, terminate, or restrict the availability of all or any part of our Services for business and/or operational reasons.
Although, the Operator will try to give you reasonable notice of any suspension or withdrawal, the Operator shall have no obligation to do so.
Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
Prohibited uses
You must not upload any Content that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence. Without limiting the foregoing, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) to reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service; (j) use or develop any third-party applications that interact with the Services or other Users’ content or information without our written consent; (k) for any obscene or immoral purpose; (l) to upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence; (m) probe, scan, or test the vulnerability of our Services or any system or network; or (n) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Viruses
We do not guarantee that our Services will be secure or free from bugs or viruses. You agree not to exploit any errors or bugs you discover when using our Services. You agree to immediately report any such vulnerabilities you discover to [email protected].
You are responsible for configuring your information technology, computer programs and software to access our Services. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Services, the server on which our Services are stored, or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity, or any other relevant information, to them. In the event of such a breach, your right to use our Website will cease immediately.
Account details, encryption keys or other information part of security procedures
If you create your own, or you are provided with, a password, encryption keys, or URL through any part or feature of the Services, in whole or in part, you must treat such information as confidential. You must not disclose it to any third party and you must store it securely.
You should make use of cross-signed device verification for devices accessing your account and minimize the number of verified devices by periodically reviewing and removing unused, lost or stolen devices.
We have the right to deactivate and/or delete your account and password, or any created Secret (as defined in the “Description of Website and Related Services” section), at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Agreement.
If you know, or suspect that anyone other than you knows, your password or encryption key, or URL created with the Services, you must promptly notify the Operator. This contact is possible via: [email protected].
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
Limitation of liability; Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OPERATOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE OPERATOR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution: MANDATORY BINDING INDIVIDUAL ARBITRATION AND CLASS AND COLLECTIVE ACTION WAIVER
Important: This Dispute resolution section limits certain LEGAL rights and includes a waiver to the right to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative ACTION and limits your ability to obtain certain remedies and forms of relief. Please review carefully. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
(a) In the unlikely event that a disagreement arises between you and the Operator, prior to initiating any arbitration or lawsuit, you must first contact the Operator directly so that we may work in good faith to find a mutually agreeable solution. If the issue cannot be resolved between you and the Operator within sixty (60) days of written notice, you and the Operator agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services or this Agreement (collectively, “Dispute”) through binding INDIVIDUAL ARBITRATION, or as we and you otherwise agree in writing. You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. This Agreement also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of the Operator, or third party if the Operator could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and the Operator agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived. This Dispute resolution section shall survive termination of this Agreement.
(b) CLASS AND COLLECTIVE ACTION WAIVER: You and the Operator explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS, REPRESENTATIVE OR CONSOLIDATED BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of the Operator. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of this subsection (b) must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this subsection (b) is held to be unconscionable or unenforceable, then the entirety of this Dispute resolution section shall not apply and the Dispute must be brought exclusively in a state or federal court in Missoula, Montana. Accordingly, you and the Operator consent to the exclusive personal jurisdiction and venue of such courts for such matters. Moreover, any state or federal court action shall be tried to a judge and not a jury.
Arbitration Procedure:
(i) As stated above, we require you to first contact the Operator directly at [email protected] to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of the Operator consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and the Operator will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require the Operator to pay a greater portion or all of such fees and costs in order for this subsection (b)(i) to be enforceable, then the Operator will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will: (1) apply applicable law and the provisions of this Agreement; (2) determine any Dispute according to applicable law and facts in the record and no other basis; and (3) issue a reasoned award. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.
(ii) You are responsible for paying your portion of the fees set forth in the JAMS fee schedule. the Operator will pay all remaining JAMS fees. If your claim against the Operator is for less than $1,000, and you succeed on the merits, the Operator will pay all fees. If you believe you cannot afford the JAMS fee, you may apply to JAMS for a fee waiver.
(iii) WITH ARBITRATION: (1) THERE IS NO JUDGE OR JURY; (2) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND (3) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Any Dispute shall otherwise be governed by the internal laws of the State of Montana without regard to Montana choice of law principles, except that the provisions of this Agreement concerning arbitration shall be governed by the Federal Arbitration Act.
(iv) Certain portions of this Dispute resolution section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act and JAMS’ Streamlined Arbitration Rules. You and the Operator agree that we intend that this Dispute resolution section satisfies the “writing” requirement of the Federal Arbitration Act.
(v) In the event that JAMS is unavailable or unwilling to hear the Dispute, you and the Operator shall agree to, or a court shall select, another arbitration provider.
(vi) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes. Every time you wish to use our Services, please check this Agreement to ensure you understand the terms that apply at that time.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
This Agreement does not create or confer any third-party beneficiary rights. If we do not enforce a provision in this Agreement, it will not be considered a waiver. We reserve the right to transfer our rights under this Agreement and provide the Services using another entity, provided that entity upholds this Agreement. You may not transfer any of your rights or obligations under this Agreement without our consent. We reserve all rights not expressly granted to you.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
The Operator does not guarantee any immediate response to any of your emails.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
2. Specific terms regulating the User of and Related Services
Description of Related Services
Our Website allows Users to encrypt data and share it a single time with another party or yourself (the process, a “Secret”) through Related Services such as, but not limited to, the SecretsPlus website (“SecretsPlus”).
Each time a Secret is created via SecretsPlus, a unique URL is created (“Secret URL”). This Secret URL contains the necessary information to decrypt the Secret upon retrieval.
The Secret can be shared a single time via the Secret URL, and is after first time retrieval, deleted from our database.
The functionality of SecretsPlus, as described before, can be incorporated by the Operator in other parts of the Services. All terms and conditions incorporated in this Agreement are applicable to SecretsPlus and similar Secret-generating functions of the Services.
WARNING: MESSAGES AND OTHER DATA SHARED THROUGH SECRETSPLUS ARE DESIGNED TO PERMANENTLY DELETE AFTER RETRIEVAL AND ONLY ACCESSIBLE THROUGH THE PROVIDED URL. YOU WILL NOT BE ABLE TO RECOVER DATA DELETED AFTER RETRIEVAL OR IF YOU LOSE THE SECRET URL. YOU ARE RESPONSIBLE FOR BACKING UP YOUR DATA. WE DO NOT OFFER RECOVERY FEATURES FOR SECRETSPLUS MESSAGES/DATA.
DESPITE ENCRYPTING MESSAGES AS SET FORTH HEREIN, WE MAKE NO GUARANTEE THAT YOUR MESSAGE OR DATA WILL BE PROTECTED OR SECURE. YOU ARE RESPONSIBLE FOR THE SECURITY OF YOUR SECRET URL. ANYONE THAT HAS YOUR SECRET URL WILL BE ABLE TO RETRIEVE YOUR MESSAGE/DATA. YOUR MESSAGE/DATA MAY BE ACCESSIBLE BY LAW ENFORCEMENT AGENCIES AND NOTHING HEREIN SHALL PROHIBIT OPERATOR FROM COMPLYING WITH LAW ENFORCEMENT ORDERS OR REQUESTS.
WITHOUT LIMITING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE THAT YOU WILL NOT USE SECRETSPLUS IN VIOLATION OF APPLICABLE LAWS, REGULATIONS, OR COURT OR LEGAL ORDER, NOR WILL YOU USE SECRETSPLUS TO ENCOURAGE ANY THIRD PARTY TO DO SO.
Applicability of General Terms and Conditions
All General Terms and Conditions as set forth herein, apply to the Secrets Created by the User of the Website or via its Related Services. By creating a Secret via SecretsPlus or any other Related Service owned, operated or licensed by the Operator, or by retrieving a shared Secret via the Website or any other related platform owned by Operator, the User accepts all the terms and conditions stipulated in this Agreement.
User Content
The Operator does not own the contents of any Secret created via SecretsPlus. It is solely the creator of the Secret who has the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content as set forth in this Agreement.
No Secrets can be created, shared or retrieved in violation of any laws applicable to the User or to the Operator.
Although the Secrets created via SecretsPlus are encrypted, the Operator might have the legal obligation to share these Secrets with law enforcements agencies or other third parties in case of legal violations.
Backups and data storage
The nature of the Secret, as described above, causes the Secret to be deleted when the Secret is retrieved using the Secret URL. The Operator is not responsible for any data that was lost because the data was deleted after the retrieval of the Secret, or because the URL was accessed in any other way, causing the Secret to be deleted. The User is fully aware of this functionality and its implementation.
Operator maintains the right to delete any Secrets created with SecretsPlus. This is specifically, although not exclusively, the case when the Secret would be created in violation of this Agreement, or in case the Secret would maintain a violation of any laws or regulations applicable to the User or the Operator.
Secret URL
The Secret URL created by SecretsPlus should be used to access the Secret created by the User. Without the correct Secret URL, the Secret cannot be accessed, retrieved, decrypted and deleted. The User of the website is solely responsible for the Secret URL. The Operator will not be responsible for the loss of any Secret URL created by the User, and thus not for any data that cannot be accessed, retrieved, decrypted and deleted by the User because of the loss of the Secret URL.
The User of the Secret URL is responsible for keeping the Secret URL safe. The User should treat the Secret URL created via SecretsPlus as confidential. It is up to the User who created the Secret to decide with whom the Secret is shared, and the Operator does not accept any responsibility in case the Secret URL is shared with wrong or malicious third parties and the Secret (including the data included in the Secret) is exposed.