Terms and Condition

These terms of service (“Terms”) cover your use of and access to our services, client software and websites (“Services”). Our Privacy Policy explains how we collect and use your information, while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy and the Acceptable Use Policy. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.

Your Data


As Per the privacy agreement that you have gone through to use our services, you have given us access to things such as your encrypted data, messages, contacts i.e. (“Your Data”). However, this does not give us any rights to YOUR DATA except for the restricted rights that allow us to offer the Services. We will require your permission to facilitate certain things such as holding Your Data and backing it up. You have given us the right to do these things, and this permission also extends itself in the care of trusted third parties whom we work with.

Sharing Your Data

You have the choice to share Your Data with other people while using our services so please be cautiously aware while doing so

Your Responsibilities


You are hereby responsible for your conduct, and you must now comply with our Acceptable Use Policy. We have the right to review your conduct for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. You can help us keep you informed and Your Data protected. By safeguarding your password to the Services and by keeping your account information current. It is advised not to share your account credentials or give others access to your account. In addition, you may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are truthfully stating to us that you are over the age of 13

Software


Similarly, some of our Services allow you to download client software (“Software“) which may be updated automatically after installation. As long as you are compliant with these Terms, we will provide you with a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. To the extent that any component of the Software may be offered under an open-source license, we’ll make that license available to you and the allocations of that license may expressly override some of these Terms. However, unless the following restrictions are prohibited by law, you are agreeing not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Beta Services


Likewise, we also sometimes deliver products and features that are still under the testing and evaluation stages. Such Services are marked as beta, preview as well as early access or evaluation (or words or phrases with similar meaning) and may not be as reliable as PassHulk’s other Services, therefore it is advised to please keep that in mind.

Our Intellectual Property


In addition to this, The Services are also being protected by copyright, trademark and the other US and foreign laws. However, these Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, PassHulk trademarks, logos and other brand features. We openly welcome feedback but keep in mind that we may use comments or suggestions without any obligation to you.

 

Paid Accounts


Billing. Furthermore, you can even add paid features to your account (turning your account into a “Paid Account“). We will be sure to automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notification email at a reasonable period before the renewal date, to remind you that your plan is about to renew.  Along with this, you’re responsible for all applicable taxes and we will charge with tax when required to do so. Similarly, some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws. Refunds. You can opt-out of your PassHulk Paid Account at any time. Refunds are only provided if required by law or stated refund policy. For example,  the users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to or renewing a Paid Account. Downgrades.  In this case, Your Paid Account will remain in effect until it’s cancelled or terminated under these mentioned Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels. Changes.  Likewise, we may change the fees in effect when needed but will make sure to give you advance notice of these changes via a message to the email address given with your account.

 

Termination


Furthermore, you are free to stop using our Services at any time. And we also happen to reserve the right to suspend or terminate your access to the Services with notice to you if the following terms are met with: (a) You’re in breach of these Terms, (b) you’re using the Services in  such a manner that would cause a real risk of harm or loss to us as in the company or other users, or (c)  if you don’t have a Paid Account and haven’t accessed our Services for 6 consecutive months. We will however provide you with reasonable advance notice via the email address that is associated with your account to remedy the activity that prompted us to contact you and allow you to export Your Data from our Services. But even after such notice you fail to take the steps we ask of you, we will have no other choice but to terminate or suspend your access to the Services. And it must be kept in mind that we won’t provide notice before termination where: (a) you’re in material breach of these Terms, (b) In case doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or © if we are prohibited from doing so by law.

Discontinuation of Services


We can also decide to discontinue the Services in response to unforeseen circumstances beyond PassHulk’s control or to comply with a legal requirement. In case we take such a course of action, we’ll give you reasonable prior notice so that you can export Your Data from our systems.  However, If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we will compensate you by refunding the portion of the fees you have pre-paid but haven’t received Services for.

 

Services “AS IS”


IN Addition to the aforementioned context, We strive to provide great Services, however, there might be certain things that we can’t guarantee. Such as TO THE FULLEST EXTENT PERMITTED BY LAW, PassHulk AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. Furthermore, THE SERVICES ARE PROVIDED “AS IS”. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. And Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

 

Limitation of Liability


Moreover, we do not exclude or limit our liability to you where it would be illegal to do so – this includes instances where  any liability for Passhulk’s or its affiliates’ fraud or fraudulent misrepresentation in providing the services.  Similarly, in countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are proven to be a reasonably foreseeable result of our failure to use reasonable care and skill or the breach of our contract with you. This paragraph does not affect consumer rights that cannot be waived or  are limited by any contract or agreement. In countries where exclusions or limitations of liability are allowed, Passhulk, its affiliates, suppliers or distributors won’t be liable for the following: i.  In the case of any indirect, special, incidental, punitive, exemplary or consequential damages. ii. In case of any kind of loss of use, data, business or profits, regardless of legal theory. These exclusions or limitations will apply regardless of whether or not Passhulk or any of its affiliates have been warned agree of the possibility of such damages. Moreover, if you happen to use the services for any commercial, business or resale purposes, Passhulk and its affiliates, suppliers or distributors will hereby have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. Passhulk and its affiliates are can not be held responsible for the conduct, whether online or offline, of any users of the services. Other than for the types of liability we cannot limit by law (as described in this section), we limit our liability to you to the greater of usd 20 or 100% of any amount you have paid under your current service plan with Passhulk.

Resolving Disputes


For future inquiries and consultation Talk to us. We are waiting to address your concerns without needing a formal legal case. Furthermore, before filing a claim against PassHulk, you agree to try to resolve the dispute informally by contacting [email protected] We will try to resolve the dispute informally by contacting you via email. However, if a dispute is not resolved within 15 days of submission, you or PassHulk may continue forward with a formal proceeding. In the case of Judicial forum for disputes. You and PassHulk agree that any judicial future proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Utah, subject to the mandatory arbitration provisions below. Both the concerned parties may consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a European Union member state) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements as mentioned.

 

If you’re a USA resident, you also agree to the following mandatory arbitration provisions:


We both agree to mediate. You and PassHulk have agreed to settle any claims that are about these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under “Exceptions to the agreement to arbitrate” below. This will include contentions arising out of or relating to interpretation or application of this “Mandatory arbitration provisions” section, including its enforceability, revocability or validity. Arbitration procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in the United States where you live or work, Salt Lake City (UT), or any other location we agree with. Arbitration fees and incentives. The AAA rules will control the payment of all arbitration fees. PassHulk will agree to pay all arbitration fees for individual arbitration for claims less than $75,000. If you happen to receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. PassHulk will not seek its legal fees and costs in arbitration unless the arbitrator determines that your claim is fatuous. Exceptions to follow along with the agreement to the arbitrate. Either you or PassHulk can assert claims, if they are sustainable, in a small claims court in Salt Lake City (UT) or any United States county where you live or work. Furthermore, either party has the right to a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property violation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above. Not to mention that if the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Salt Lake County, Utah, USA to resolve your claim on your own. NO CLASS ACTIONS.  According to this, you will only be allowed to resolve contentions with us on an individual basis, and may not be given the power to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations will not be entertained. If this specific paragraph is held unenforceable, the entirety of this “Mandatory arbitration provisions” section will hereby be deemed void.

 

Controlling Law


The following Terms and conditions will be ruled by Utah law except for its conflicts of laws principles. However, some countries (including those in the European Union) have certain laws that require agreements to be controlled by the local laws of the consumer’s country. This paragraph doesn’t override those laws.  

Entire Agreement

The following Terms account for the entire agreement between you and PassHulk concerning the theme of these Terms and remove and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms are also in agreement to create no third-party beneficiary rights.

 

Waiver, Severability & Assignment


PassHulk’s inability to enforce an allocation is not a waiver of its right to do so later. If an allocation is found unenforceable, the remaining allocations of the Terms will remain in full effect and an enforceable term will be made a  proxy reflecting our goal in close approximation. You may not hand over any of your rights under these Terms, and any such attempt will be void. PassHulk may assign its rights to any of its affiliates or subsidiaries, or any successor in the interest of any business associated with the Services.

Modifications


These terms might follow revision  in due time to better reflect: (a) changes to the law, (b) new regulatory requirements, or (c) improvements or enhancements made to our Services. In case of any updates that could affect your use of the Services or to your legal rights as a user of our Services, you will be notified before the update’s effective date by receiving an email to the email address provided by your account or via an outcome notification. The up to date version terms will be effective in less than 30 days from when you would have been notified. If you might have any sort of reservations about the updates we make, please feel free to cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you hereby agree to be bound by the revised Terms.