WITKIT INC. TERMS OF SERVICE ("TERMS")

Welcome to Witkit. Witkit is an Internet services provider and provide services made available at our website at https://witkit.com, subdomains and related sites ("website"), which enables users, amongst other things, to encrypt by way of WitCrypt, use our application programming interface ("API"), upload, store, manage, download and decrypt files, information, conversations, business or personal material and other data ("data") and give access to that data to others (all together, services). If you have questions about how to use our services or the great things you can do with Witkit, see our helpdesk.

These terms are binding and apply to any use of the services and website by you and anyone that you allow to access your data or our services. By using our services or the website, you and they irrevocably agree to these terms. If you do not like these terms or don't want to be bound, you can't use our services and the website.

We can change these terms at any time and we will provide you notice of the change, whether via our website, by sending you an email or via any messaging service we provide. Your continued use after that notice means that you agree to the changed terms.

YOUR DATA

If you allow others to access your data (e.g. by, amongst other things, giving them a link to, and a key to decrypt, that data), in addition to them accepting these terms, you are responsible for their actions and omissions while they are using the website and services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms.

You should keep your WitCrypt passphrases safe and confidential and not release them to anyone unless you wish them to have access to your data. If you lose or misplace your WitCrypt passphrases, you will lose access to your data. We strongly urge you to use robust anti-virus and firewall protection.

You must maintain copies of all data stored by you on our service. We do not make any guarantees that there will be no loss of data or the services will be bug free. You are completely responsible to remove all data prior to termination of services.

INTELLECTUAL PROPERTY

Our IP

The license that we give you to use the website and our services does not give you the right, and you can't reproduce or use any of our copyright, intellectual property or other rights other than for the purposes of using the services and the website or as allowed under any open source licenses under which we use intellectual property provided by others.

You are not allowed to, and you can't let anyone else, copy, alter, distribute, display, license, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any of our copyright, intellectual property or other rights without getting our permission first in writing, unless in order to use our services and the website or as allowed under any open source licenses under which we use intellectual property provided by others.

Your IP

You own, or warrant that you are authorized to use, any intellectual property in any data you store on, use, download, upload or otherwise transmit to or from, our service. You grant us a worldwide, royalty free license to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available, your data, for the purposes of enabling you and those you give access to, to use the website and the services and for any other purpose related to provision of the services to you.

What you can't do

If you register with us, you will need to provide a password to associate with your specific username. You need to make sure your username and password is secure and confidential. Make sure you tell us straight away if you think or know someone else has used your password or there has been any other security breach. We will hold you responsible for anything done using your username and password. MAKE YOUR PASSWORD AND KEY PHRASES STRONG AND KEEP THEM SECURE.

INFRINGEMENT NOTICES

We respect the copyright of others and require that users of our services comply with the laws of copyright. You are strictly prohibited from using our services to infringe copyright. You may not upload, download, store, share, display, stream, distribute, e-mail, link to, transmit or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material including for example the uniform resource locator(s) (URL); (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury (unless applicable law says otherwise), that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove data alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will will also terminate your account if you are determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement is:

Witkit Inc.

#803 – 33 Water Street
Vancouver, BC, V6Z3C7
Canada
copyright@witkit.com

SUSPENSION AND TERMINATION

We can immediately suspend or terminate your access to the website and our services without notice to you if you breach any of these terms or any other agreement you have with us. If you are not a registered user, we may suspend or terminate your access to website and our service at any time, without notice to you.

We may also terminate or suspend our services or any part of our services, for all users or for groups of users, at any time and for any reason or no reason.

COMMUNICATION CONDITIONS

As with any other web-based forum, you must exercise caution when using any communication tools available on the website. However, while we are not obligated to, we have the right to remove any communication at any time, for any reason or no reason, without any liability to you.

DISCLAIMERS

WE DON'T GIVE YOU ANY WARRANTY OR UNDERTAKING ABOUT THE SERVICES OR THE WEBSITE WHICH ARE PROVIDED "AS IS". TO AVOID DOUBT, ALL IMPLIED CONDITIONS OR WARRANTIES ARE EXCLUDED AS MUCH AS IS PERMITTED BY LAW, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, SAFETY, RELIABILITY, DURABILITY, TITLE AND NON-INFRINGEMENT.

We will try to give you access to our website all the time, but we do not make any promises or provide you with a warranty that our website or the services will be without any faults, bugs or interruptions.

Whilst we intend that the services should be available 24 hours a day, seven days a week, it is possible that on occasions the website or services may be unavailable to permit maintenance or other development activity to take place or be periodically interrupted for reasons outside our control.

Information on our website will change regularly. We will try to keep our website up to date and correct, but again, we do not make any promises or guarantees about the accuracy of the information on our website.

We do not warrant that the services will meet your requirements or that they will be suitable for any particular purpose. It is your sole responsibility to determine that the services meet the needs of your business or otherwise and are suitable for the purposes for which they are used.

We also aren't legally responsible for:

LIMITATION OF LIABILITY AND INDEMNITY BY YOU

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES OUR EMPLOYEES, OFFICERS, AGENTS AND AUTHORISED RESELLERS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE, OR THE SERVICE AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.

YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS.

IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THESE TERMS