Terms of Service
1. Introductory Information
These Terms of Service (“Terms”) govern your use of the various mobile or web services or mobile or web software owned, controlled, or offered by DEC SECURE TECHNOLOGIES INC. (“DEC”, “we”, “our”, “us”) (collectively, the “Services”).
By using the Services, you agree to the Terms. If you do not agree with any of the Terms, you may not use the Services.
These Terms work together with the following materials to form your complete agreement (“Agreement”) with us, and provide you with the important information you need to help you fully understand your Services:
- Your service agreement for the specific Service you subscribe to;
- Any additional terms and conditions that may apply to a specific Service that you subscribe to or use; and,
- Any DEC material describing your Services or products you purchase.
Your Agreement, with any amendments, is the entire agreement between you and DEC for the applicable Services. If there is any inconsistency between the materials listed above and these Terms, these Terms will prevail.
You acknowledge and agree that this Agreement is only between you and DEC and not any of DEC’s partners, resellers, promoters or service providers (collectively, “Resellers”). Should you have any issue or claim with respect to the Services, DEC, and not its Resellers, will be solely responsible for addressing the issue or claim. If you have obtained the Services from one of DEC’s Resellers, you agree that any such Reseller will have no obligation or responsibility to provide you any warranty, maintenance and support services with respect to the Services.
WE WANTED TO LET YOU KNOW THAT THE TERMS INCLUDE AN ARBITRATION CLAUSE IN SECTION 15(B) THAT REQUIRES ANY DISPUTES, EXCEPT FOR ANY DISPUTES REQUIRING EQUITABLE OR INJUNCTIVE RELIEF, TO BE RESOLVED BY BINDING ARBITRATION. YOU AND SECURE ALSO AGREE TO WAIVE THE RIGHT TO JURY TRIALS, CLASS ACTIONS AND CLASS-ACTION WIDE ARBITRATION.
Responsibility for Agreement
You, as account holder, are responsible for complying with the Agreement. Among other things, you are responsible for:
- all charges on your account;
- ensuring that anyone who uses Services under your account or with your authorization complies with the Agreement;
- ensuring that others do not gain unauthorized access to your account and your Services, including by protecting the security of any usernames or passwords relating to your account;
- ensuring that any information you have provided to us is up-to-date and accurate, and to let us know if it changes.
If you want to assign or transfer an Agreement, you will need our prior permission. We may assign or transfer an Agreement or any of our rights or responsibilities under an Agreement without your permission.
2. Service Term, Changes and Cancellation
The Services are categorized as follows:
- “Term Services” are Services that you subscribe to for a committed period of time as indicated on your applicable service agreement (“Term”); and,
- “Ongoing Services” are Services that you subscribe to on an ongoing basis, but not with a Term.
Term of the Agreement
The term of each Agreement starts on the initial activation date of the Services or the Equipment, whichever is earlier (“Activation Date”). On your Term expiry date for a Term Service, the Service will automatically become an Ongoing Service and you will keep your existing Service and Agreement with us until they are changed or cancelled in accordance with these Terms.
Modifying the Services or Agreement
We may change any aspect of a Service and the corresponding Agreement upon at least 30 days’ prior written notice to you. We will send you the written notice by bill message, text message, letter, e-mail or by message to your account inbox, and it will explain the change and when it will take effect.
DEC Cancellation of Services or Agreement
DEC may also terminate these Terms and Agreement with you at any time, for any reason, and without advanced notice. That means we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity or a breach of these Terms, and we may reclaim your username at any time for any reason.
If we restrict, suspend, block, disconnect or cancel your Services or accounts:
- you must pay any amounts owing;
- we may also restrict, suspend, block, disconnect or cancel, without notice or liability, your Services under any other agreement or account that you may have with us (including accounts that may be in good standing);
- you may be charged for any costs incurred by us in connection with your breach of these Terms, including costs incurred to enforce your compliance; and,
- recurring service charges continue to apply during any suspension of Services.
Customer Cancellation of Services or Agreement
You may choose to cancel your subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term.
Effects of Termination of Services or Agreement
We will not be liable to you for terminating this Agreement, including for termination of your DEC account or deletion of your content. No matter who ends this Agreement, you and DEC will continue to be bound by Sections 2, 13-20. DEC may modify these Terms of Service from time to time. Any and all changes to this Agreement will be posted on the DEC site, and you agree to be bound by any changes to these Terms, or by any additional terms and conditions, when you continue to use the Services after those changes are posted.
3. Billing Periods, Pricing, and Payments
Service charges will start on the Activation Date and are billed in advance. Unless we both agree to a different arrangement, your billing period runs for one month, and ends on the bill date noted on the top of your bill. Your Activation Date and billing period won’t always start on the same day. When this happens, your Service charges and allotted usage are pro-rated for the period between your Activation Date and your bill date. Usage charges are billed after you use them. We may bill you for a charge up to 6 months from the date the charge was incurred.
DEC reserves the right to change prices for products displayed at/on the DEC Store at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the Payment & Pricing page. In the event you have been charged more than the posted price for a product on the DEC Store, please contact firstname.lastname@example.org for a refund of the overcharge.
Price Reductions or Corrections
Should DEC reduce its price on any DEC Secure product within 7 calendar days from the date you receive your product, feel free to DEC at email@example.com to request a refund or credit of the difference between the price you were charged and the current selling price. To receive the refund or credit you must contact DEC within 7 calendar days of the price change. Please note that this excludes limited-time price reductions, such as those that occur during special sales events, such as Black Friday or Cyber Monday.
Price protection is only available for up to 10 units of a particular product. Additionally, we may require that you have the product with you or otherwise have proof of possession when requesting price protection.
Prices shown are in U.S. dollars. If you are paying for your order with an international Visa, MasterCard, or American Express credit card, please note that the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees.
Suspension for Non-Payment
We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Services seven (7) days after such notice. We will not suspend the Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Service.
4. Who Can Use the Services
You must be of the Minimum Age to use the Services. “Minimum Age” means 18 years. However, if law requires that you must be older in order for DEC to lawfully provide the Services to you then the Minimum Age is such older age. By using any of the Services, you state that:
- you are accepting this Agreement and you confirm that you have the right and capacity to enter into this Agreement;
- you will comply with these Terms and all applicable local, provincial, state, national, and international laws, rules, and regulations; and
- if you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
5. Your Rights to Use the Services
DEC grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, non-sublicensable license (the “License”) to:
- access and use the Services for (i) the prevention of identity theft, hacking, malicious attack or espionage; (ii) the protection of your personal privacy rights; and (iii) the secure operation of your legitimate personal or business affairs, and not for any illicit, illegal or criminal use;
- download, install and use the Services on one mobile device(s) (e.g. cell phone or tablet), which natively executes an operating system supported by DEC, and that you own or control for your non-commercial use or internal business use.
You agree that any software that we provide you may automatically download and install upgrades, updates or other new features and send log information to our servers. You may be able to adjust these automatic downloads through your mobile device settings. These updates and upgrades are designed to improve and enhance our Services and can include bug fixes, enhancements and new modules.
You may not sell, rent, lease, assign, distribute, copy, modify or host any part of our Services. As well, you cannot adapt, merge, make derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of the Services, except to the extent these restrictions are expressly prohibited by applicable law.
Rights to the Services
All trademarks, copyright, brand concepts, names, logos and designs that we use are intellectual property assets, registered or otherwise, of or used under license by DEC Secure Communications Group Inc. or of one of its affiliates. All are recognized as valuable assets of their respective owners, and you may not display, copy or use them in any manner for commercial or any other purpose.
The Services and this software and content remains our property or that of our licensors or content providers, as applicable. Except for the limited rights explicitly granted to you, all right, title, interest and intellectual property rights in and to the Services and this software and content are retained by their respective owners and are protected by applicable trademark, copyright and/or other intellectual property laws and treaties. You must take reasonable steps to protect the Services and this software and content from theft, loss or damage.
Please be aware that software or content may from time to time automatically and, without notice to you, cause your Equipment to access the internet incurring data usage and/or overage charges.
Ownership of DEC Secure ID
You do not own any DEC Secure ID, e-mail address or other identifier assigned to you. We may change or remove an identifier at any time.
6. Rights to Content
Some of our Services let you create, upload, send, receive and store user data. When you do so, you keep the ownership rights you had in the data to begin with. WE DO NOT USE, COPY OR MODIFY USER DATA.
You are responsible for the content that you send through the Services, including for back up of that content.
8. Non-Permitted Use
You may not use the Services to create, upload, send, receive, or store content that:
- is false, intentionally misleading, illegal or promotes an illicit, illegal or criminal activity or that impersonates any other person or entity, including DEC;
- violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- is bullying, harassing, abusive, threatening, vulgar, obscene, offensive, libelous, defamatory, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
- is harmful to minors in any way or targeted at persons under the age of 13;
- spams or solicits DEC users to purchase anything; or
- requests any form of identification or illegal content from DEC users.
You agree not to use the Services to:
- use branding, logos, designs, photographs, videos, or any other materials used in our Services;
- remove, circumvent, disable, damage or otherwise interfere with security features of the Services, including any technical measures we may use to prevent or restrict unauthorized access to the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services;
- intentionally interfere with or damage operation of the Services or any user’s enjoyment of them, including by uploading or disseminating viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- use any robot, spider, crawler, scraper or other automated means or interface to access the Services or extract other user’s information without our express written permission;
- attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining);
- use the Services or any content on the Services for any commercial purposes without our consent;
- interfere, disrupt, negatively affect, or inhibit other DEC users from fully enjoying the Services;
- undertake or facilitate any illicit, illegal or criminal activity; or
- encourage or promote any activity that violates these Terms.
Violation of any of the terms of Section 5 is cause for the immediate deactivation and deletion of your account without notice, and a permanent ban on the future purchase of any of DEC’s products or services.
9. Your Account
DEC will not be liable for any damages or liability resulting from your account information. You are responsible for anything that happens in your account, so please keep it secure. Keeping a strong password that you haven’t used for other accounts is one good way to do this.
Also, you agree that you will not:
- create another account if we’ve disabled your account;
- buy, sell, transfer, rent lease or allow access to your DEC account or username unless you have our written permission first; or
- log in or try to log in to access the Services through unauthorized third party applications or clients. If you think someone has gained access to your account, please contact us immediately through our DEC support module.
10. Data Charges
You are responsible for any mobile charges that you may incur when you use the Services including text-messaging and data charges for use of the Services and/or updates or upgrades of new versions of the Services. If you’re not sure what those charges may be, please ask your provider before using the Services.
11. Third Party Services
If you use a service, feature or product offered by a third party (including those we jointly offer with a third party), each party’s terms will govern the respective party’s relationship with you. Please read and understand those terms and investigate any features that are important to you before using a third party service, feature or product. DEC is not responsible or liable for those third party’s terms or actions taken under the third party’s terms.
The Services may include links to other web sites or services that are not owned or controlled by DEC. DEC does not endorse or make any representations regarding any such linked sites or any of the information or materials accessible through other linked sites. DEC disclaims all liability relating to your use of such linked sites. By using the Services, you expressly acknowledge and agree that DEC shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
12. Additional Terms for Specific Services
Since we have a growing number of Services, we sometimes need to describe additional terms for specific Services. Those additional terms and conditions shall be made available with the relevant Services, then become part of your Agreement with us if you use those Services.
You agree, to the extent permitted under applicable law, to defend, indemnify and hold harmless DEC, its shareholders, subsidiaries, affiliates and their directors, officers, employees, contractors, agents, third-party partners, and suppliers (the “DEC Group”) from and against any claims, suits, losses, damages, obligations, liabilities, costs, and expenses (including legal fees) brought by third parties resulting from or relating to: (i) your use of and access to the Services; (ii) your user content; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or (iv) your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any claim falling under this section once we learn of it. This defense and indemnification obligation will survive these Terms and your use of the Services.
THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND THE DEC GROUP EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, STABILITY, ACCURACY, OR NONINFRINGEMENT. THE DEC GROUP MAKE NO REPRESENTATION OR WARRANTY THAT THE SECURE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE DEC GROUP IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONDUCT OR USER CONTENT ON ITS SERVICES. THE DEC GROUP TAKES NO RESPONSIBILITY AND ASSUMES NO 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 THE DEC GROUP WILL BE RESPONSIBLE FOR. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE THE DEC GROUP FROM ANY AND ALL CLAIMS, DEMANDS, AND RIGHTS OF ACTION, WHETHER NOW KNOWN OR UNKNOWN, THAT RELATE TO ANY INTERACTIONS WITH, OR ACTS OR OMISSION OF, THE SERVICES AND THE DEC GROUP. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
15. Warranties and Limitation of Liability
Please note that the term “DEC Parties” includes DEC and its affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives).
Warranties on the Services
The Services that the DEC provides may be impacted by factors beyond DEC’s reasonable control. For this reason, you acknowledge and understand that the Services or access to the Services may not function correctly or at all in the following circumstances:
- if your Device fails, is not configured correctly or does not meet DEC’s requirements;
- if you install certain third-party applications on your Device;
- in the event of a network outage or power failure;
- if you tamper with your Device; or
- following suspension or cancellation of your Services or account.
To the maximum extent permitted by applicable law:
The DEC Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Device or any products, content, applications, software, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);
- DEC may limit the amount of an Offering that you may purchase;
- you bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Offering;
- DEC does not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEC GROUP WILL IN NO EVENT WHATSOEVER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICES, PRODUCTS OR THIRD PARTY SITES AND THEIR SERVICES AND PRODUCTS, EVEN IF THE DEC GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, OR THIRD PARTY SITES AND THEIR PRODUCTS AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE DEC GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SERVICES AND PRODUCTS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID DEC IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT WILL THE DEC GROUP’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
17. Choice of Law & Exclusive Venue
This Agreement shall be construed and governed exclusively by the laws in force in British Columbia and the laws of Canada applicable therein, and the courts of British Columbia (and the Supreme Court of Canada, if necessary), and except as set out in Section 15(b) hereof, shall have exclusive jurisdiction to hear and determine all disputes arising hereunder. Except as provided in Section 15(b), each of the parties hereto irrevocably attorns to the jurisdiction of said courts, consent to the commencement of proceedings in such courts and waive any right to a jury trial. Each of the parties hereto irrevocably waives, to the fullest extent permitted by law, any forum non convenient defense to the maintenance of such action or proceeding in any such court. This provision shall not be construed to affect the rights of a party to this Agreement to enforce a judgment or award outside said province, including the right to record and enforce a judgment or award in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
18. Resolution of Disputes
Limitation period. YOU AND DEC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Mandatory Arbitration. Except for any matter that requires equitable or injunctive relief, all disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) under the Arbitration Act of British Columbia. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties hereto. The arbitrator shall be appointed by agreement between the parties, or in default of agreement, the arbitrator shall be appointed by a judge of the Supreme Court of British Columbia, upon the application of any party to this Agreement. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section. The place of the arbitration shall be in Vancouver, British Columbia.
- Class Action Waiver. THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF.
- No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to a court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part of these Terms is found to be unenforceable, then that provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from these Terms if no such modification is possible and not affect the validity or enforceability of the remaining Terms. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
20. Final Terms
All rights not granted to you are reserved by DEC and all intellectual property in the Services is owned by us. These Terms are the final, complete and exclusive Agreement between you and DEC and supersede all prior Agreements between us. If we don’t enforce a part of these Terms, it will not be considered a waiver. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our consent. We may assign the Terms without restriction in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without your consent.
If we need to contact you about these Terms, you: (1) agree to receive electronic messages from us; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other messages we send to you electronically satisfy all legal requirements as if they were in writing. We agree that these Terms and all related documents are in English.