Terms of Service
These terms of service (“TOS”) are entered into between Secure Group (Secure Group Technologies EOOD) hereafter referred to as (“SG” , “we”, “us”, or “our”) and you (“Customer”, “you”, or “your”). You agree to be bound by these TOS when you, or your agent, click “I agree.” The date you agree to these TOS is the “Effective Date”. The entity set out in our records is considered by us to be our customer.
These TOS apply automatically to all SG clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO SG’S SERVICES YOU ACCEPT THE POLICIES LISTED HEREIN AND AGREE TO RESPECT THEM. The Services are described as the package description presented on our web site and ordered by you.
If you are reselling the Service, or are an End User of a reseller, it is your obligation to ensure that our records accurately reflect ownership and control of the Service. If you are a reseller of our Services, these TOS contain provisions that you are required to apply to your customers (“End Users”). It is your responsibility to ensure that these provisions, or others no less protective of our interests, are included in the contracts and other agreements between you and your End Users. You are responsible for your End Users under these TOS. If you intend to resell the Services, you must also sign our Reseller Agreement.
These TOS may be amended by us. Except in an emergency, we agree to provide you with thirty days notice prior to the effective date of any amendment. Notice will be provided to you though your control panel. If the amendment materially affects your ability to use the Services, you may terminate your use of the Services and these TOS by providing us with written notice prior to the Effective Date of the amended TOS, or, if we have amended the TOS without prior notice because of an emergency, within thirty days from the date of our amendment.
Article 1 – Other Agreements Are Incorporated into these TOS
To the extent that above-mentioned policies conflict with the TOS or with each other, the TOS shall prevail, followed by the AUP and both of our Privacy Policies. In certain cases, you may purchase services from us using another agreement which is also incorporated into or references these TOS. If that agreement conflicts with these TOS, the terms of that other agreement will prevail over the TOS, but only to the extent of the conflict.
Article 2 – Object
We agree to provide the Services to you subject to these TOS. Use of the Services constitutes acceptance and agreement to these TOS.
Article 3 – Services
The features and details of the services governed by these TOS are described on our web site “securegroup.com” as of the Effective Date. Should any of the product description change subsequent to the Effective Date, SG has no obligation to modify the Services to reflect such a change. The specific services chosen by you are referred to together as the “Services” or the “Service”. You agree to use the Services in a way that respects the right of our other users to use the Services, and not to act in a way that unreasonably interferes with our ability to provide the Services to other users.
Certain aspects of the Services may be provided by third parties. In fact, the Services are rely on PGP, an open source technology. These third parties may have reserved the right to make changes, including material changes, to the products provided by them and incorporated into the Service. If a third party makes a change to its products, you agree that you may not terminate the Services and these TOS based on such a change, even if it materially affects the Services.
Article 4 – Support
What we Support
We continually monitor and ensure that all basic services are working, such as XMPP chat servers, email host severs, PHP, Web services, Secure Phone Admin Panel, Secure Voice Servers, and our Admin/sales panel. Our number one priority is to make sure that the web servers, data centers, and network connections are functioning at optimal performance levels.
Basic E-mail and Client Configuration
We provide instructions for using the most common e-mail clients. If you need additional help, do not hesitate to open a support ticket or call us. We will do our best to assist you with making a connection to your account.
We will maintain and secure all software that resides on a server, such as XMPP for Secure Chat, PKI, Secure Voice Servers, Secure Phone Admin Panel, Exchange, billing portal, etc.. We will determine the version and configuration of the software on our servers. As a result, the software we have installed may not always be the latest version available to the public or be compatible with your application.
What we do Not Support
You are responsible for maintaining current backups of your data. We maintain our own backups in the event of a disaster; however, we do not store any data beyond contact lists and required key server information for our chat and voice solutions. Chat messages not yet delivered may be available on our servers for a limited amount of time, but once downloaded to your device, are irretrievable by us. Email messages can potentially be retrieved, but only if unencrypted. We perform regular maintenance, and backups of servers and server settings are included in this, however, when a lost PGP key can render your entire mailbox illegible and irretrievable (by us). We can therefore make no promises with regards to backups, nor guarantee your content in any way.
We do not offer recovery of lost or deleted emails. We recommend you first check your deleted items folder if you accidentally delete an email. If you have your deleted items folder set to auto-clean or you delete the messages from your deleted items folder, these messages will not be retrievable by us. In addition, as stated above, because a lost PGP key can render a mailbox illegible, we can only offer best effort support.
Third Party Applications
Whether server-side or client-side, we do not support applications other than those that are distributed with our Secure Pack bundle or Secure Phone offerings.
Hardware Not Provided or Maintained by us
Some customers like our support so much, they ask us to help them with things completely unrelated to their application or services (e.g. configuring a printer on their network). We wish this were feasible!
Article 5 – Term
These TOS will continue for the term set out on the product description page (“Initial Term”). After the expiration of the Initial Term, these TOS will renew for successive periods of equal length (“Renewal Term”). If the product description page does not contain an Initial Term, the Initial Term shall be one month.
Article 6 – Payment
You are responsible for the fees and charges set out on the product description page (“Fees”). You may be charged seven days prior to the date set out on the product description page (“Due Date”).
Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. It is your responsibility to ensure that we receive payment of the Fees. You must pay the Fees without set off or deduction. Should the Services be suspended, for any reason, Fees will continue to accrue. If the Fees are not paid by your financial institution on the Due Date, your account will be considered delinquent. To reinstate your account, you will be required to pay, depending on the reason for the delinquency: (i) a returned check fee in the amount of 60$ ; (ii) interest in the amount of 22 % per year; (iii) collection charges; (iv) any fees levied on us by our financial institution; and/or (v) an investigation fee of $35.
You may choose to purchase products and services that are not included in the Service but which are offered for sale by other parties through SG (“Third Party Services”). Third Party Services may be billed separately from the Service. Fees for the Third Party Services may not be billed on the month on which they are delivered. You agree to pay for these Third Party Services regardless of the length of time elapsed between their delivery date and the date on which you are charged.
Article 7 – Bill Disputes
If you believe there is an error on your bill you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. Your dispute must include sufficient facts for us to investigate your claims and be received by us at least five days prior to the Due Date (“Dispute Deadline”). You waive your right to dispute any charges or Fees if you fail to meet Dispute Deadline. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute the next time Fees are due. If you contact your credit card company, prior to notifying us of the dispute, and initiate a “charge back” based on this dispute, and your charge back claim is past the Dispute Deadline, you will be charged a $200 investigation fee. This fee compensates us for the investigation your credit card issuer requires us to conduct in order to demonstrate our right to payment.
Article 8 – Termination
Money Back Guarantee
Provided that you did not pay for the Services by bit coin, we offer an unconditional seven day satisfaction guarantee (Guarantee). To cancel the Service covered by the Guarantee, and receive a refund, you must contact us within seven calendar days following the Effective Date for the Service covered by the Guarantee. If you wish to retain your domain name, the cost of your domain name will be deducted from your refund at our regular, non-discounted, price. As mentioned if you paid by bit coin, we will not issue any refunds. If you paid us by credit card we will credit the card on file, otherwise we will send you a check. The Guarantee only applies to an individual Service for seven calendar days following the Effective Date. If you purchase more than one Service from us, the Guarantee only applies to the Service that falls within this seven day period. Set up and domain name registration charges are not refundable for any reason and are excluded from our Guarantee.
Termination Prior to Renewal
Either party may choose not to renew these TOS by providing written notice to the other no later than ten days before the expiration of the Initial Term or Renewal Term for the particular Service that the party does not want to renew. If you terminate these TOS prior to their expiration, you will not receive a refund of any prepaid Fees.
Termination for Material Breach
One party may terminate these TOS upon the occurrence of a material breach, if this breach has not been cured by the other party within thirty days of their receipt of written notice of the breach. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action. A decision to cease offering Third Party Services will not be a material breach.
Termination for your Violation of our Policies
We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference or those of Third Party Service providers; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. Should we exercise these rights, You are not entitled to any type of notice or protest and nor will you receive a refund of any Fees.
Disposition of Data Upon Suspension or Termination
When your account is suspended or terminated, the data and other technology resident on SG’s servers may be deleted. It is your obligation, regardless of whether you believe a suspension or termination is authorized under this TOS, to secure this data and ensure that it remains available to you. SG has no obligation to preserve data after a suspension or termination, other than those provided under law.
Article 9 – Use of the Services
Subject to the terms and conditions set forth herein, SG grants you a personal, non- exclusive, non-transferable and non-sublicensable license to use the Services solely for your personal or internal business purposes. With respect to any open source or third-party code that may be incorporated in the Services, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. You hereby acknowledge that the Services are licenced and not sold and that your use thereof is subject to the terms of any applicable third-party end user license.
Your use of the Services must be reasonable and compliant with local laws where you will be using the Services. You may not place excessive burdens on our CPUs, servers or other resources. You agree that we may place restrictions on your use of the Service, and charge you excess bandwidth fees, to the extent that your use exceeds the use of the Service by similarly situated customers. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Service.
You agree to cooperate with us to facilitate your use of the Service. This cooperation includes, but is not limited to, providing us with correct contact and billing information, designing material that is “server ready” and ensuring that you, your employees and/or agents have sufficient technical expertise to understand how to implement the Service.
Upon termination or expiration of the Services, your account will be closed. We have no responsibility to forward email or other communications for you once your account is closed. We also have no responsibility to preserve or secure your data. You are encouraged to keep the Service active during any transition period should you seek to forward your email or other communications, or to move your data to another provider.
Article 10 – Representations and Warranties
We each warrant to the other that: (i) we have the power, authority and legal right to enter into these TOS; and (ii) we have the power, authority and legal right to perform our obligations under these TOS and all incorporated provisions.
Representations and Warranty
Article 11 – Disclaimer and Limitation of Liability
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN PARAGRAPH 10.1, SG HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND TITLE. SG DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SG IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR AN END USER VIA THE SERVICES PROVIDED BY US. SG SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY SG . NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO SG SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM SG , ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW SG TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE FOR AN INDIVIDUAL SERVICE.
Limitation of Liability
You agree that SG has no liability, whatsoever, for: (i) content that you or an End User access from the internet; (ii) for your usage of the Services and the success of any encryption; or (iii) for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on our network.
WITHOUT LIMITATING THE GENERAL LIMITATION ABOVE, IN NO EVENT WILL SG’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY SG FROM YOU FOR THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM SG SHALL BE INTERPRETED TO INCLUDE SG’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH SG.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD SG OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER AN ACTION IS CONTRACTUAL, EXTRA-CONTRACTUAL OR BASED IN TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF SG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS SG’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Article 12 – Indemnification
You agree to indemnify, defend and hold harmless SG and its parent, subsidiary and affiliated companies, Third Party Service providers and each of their respective officers, directors, employees, shareholders and agents (each an “Indemnified Party” and, collectively, “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of any of SG’s policies; (iii) any breach of any of your representations, warranties or covenants contained in these TOS; (iv) any acts or omissions by you; (v) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; and/or (vi) infringement related to products sold using the Services. The terms of this paragraph shall survive any termination of these TOS. For the purpose of this paragraph only, the term “you” as set out in sub-paragraphs (i) through (vi) include you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.
Article 13 – General Provisions
Notices will be sent to you at the address you provide to us. Notices to you may be provided by email. It is your obligation to ensure that we have the most current address for you in our records and to verify that our Notices are not flagged as spam by your spam filter.
Please refer to our website for contact information for most issues, including technical support and billing. Notices regarding these TOS and other SG policies should be directed to:
Attention: Secure Group (Secure Group Technologies EOOD) Legal Notices
130 Simeonovsko Shosse Blvd.,
Sofia 1700, Bulgaria
Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.
Choice of Law, Jurisdiction and Venue
This Agreement is governed by the laws of Bulgaria applicable therein, to the express exclusion of theAct Respecting the United Nations Convention on Contracts for the International Sale of Goods.
No waiver of rights under these TOS, or any SG policy, or agreement between you and SG shall constitute a subsequent waiver of this or any other right under these TOS.
These TOS may be assigned by SG. They may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
In the event that any of the terms of these TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from these TOS. All remaining terms of these TOS shall remain in full force and effect.
These TOS do not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
ACCEPTABLE USE POLICY
This Acceptable Use Policy (“AUP”) describes activities that are not permitted on the SG network. The AUP is incorporated by reference the TOS between you and SG. Capitalized terms used in this policy that are not defined herein have the meanings given to them in the TOS in effect between you and SG.
Customers and End Users are Solely Responsible for Content.
We do not review, edit, censor, or take responsibility for any information customers or End Users may create. As a result, we cannot, and do not, accept any responsibility from customers, end users, or third parties, resulting from inaccurate, unsuitable, offensive, or illegal content or transactions. While we do not review, edit, censor, or take responsibility for any customer created content, we reserve the right to take any and all appropriate action where inaccurate, unsuitable, offensive, or illegal content or transactions is brought to our attention. Ways such abuse can come to light is via reports from other users (recipients of abusive mail, as an example), unencrypted support emails outlining problems with an activity we do not support, or listing of our domains (through your email or username) on spam sites or other blacklists. We respect the privacy of our customers, but will NOT be held responsible for housing criminal activity, even by omission, or failure to investigate claims.
We specifically reserve the right to refuse to provide the Services to customers or End Users engaged in the dissemination of material that may cause us to be subject to attacks on our network, or that while technically legal, run counter to our corporate principles. This type of content may include, but is not limited to, racist, pornographic, hateful material or generally any material that creates or may create, in our sole judgement, customer service or abuse issues for us.
Use of the Services
The transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation, this AUP, or our TOS, is strictly prohibited. In addition, you may not use the Services to directly facilitate the violation of any law or regulation. Specific activities that are abusive include, but are not limited to:
- Activities that violate Bulgarian export control laws or regulations, including those related to software or technical information or violating Bulgarian laws or regulations concerning the doing of business with certain sanctioned countries or with designated persons or entities.
- Forging, misrepresenting, omitting or deleting message headers, return mailing information, and/or internet protocol addresses, to conceal or misidentify the origin of a message;
- Any action which directly or indirectly results in any of our IP space being listed on any abuse database (i.e. Spamhaus);
- Introducing whether unintentionally, knowingly or recklessly, any virus or other contaminating code into the Services or creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
- Collecting or using information, including email addresses, screen names or other identifiers, through deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems, including unauthorized access to or use of data, systems or networks, comprising any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “add/remove” tool);
- Exchanging communication pertaining to the commission of an illegal activity or soliciting the performance of any illegal activity, even if the activity itself is not performed;
- Acting in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
- Failure to provide complete, truthful and accurate information regarding the customer’s identity and locations as requested on all of SG’s application forms.
- Interference with a third party’s use of SG’s network or Services, or ability to connect to the Internet or provide services to Internet users.
- Managing a proxy server.
- Facilitating, aiding, or encouraging any of the above activities, whether using SG ’s network or Services by itself or via a third party’s network or service.
You may not transmit, distribute or store on or via the Services any content or links to any content that SG reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
- That is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Is defamatory or violates a person’s privacy; or
- Is otherwise malicious, fraudulent, or morally repugnant.
Intellectual Property and Other Proprietary Rights
You may not use our Services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. For example:
- You may not use the Services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;
- You may not use the Services to publish content intended to assist others in defeating technical copyright protections;
- You may not use a domain name that is in violation of its relevant domain name dispute resolution policy; and
- You may not display another person’s trademark without permission.
Anyone found to be generating spam from within our system will have their user privileges revoked immediately. Persons attempting to forward spam email messages inbound to our system will be blocked and prevented from sending further email to any Secure Email users. Please note, however, that many messages appearing to originate from Secure Email (or any other) mail servers could contain “forged headers”, written by the party originating the messages to make them appear to come from somebody else. This is done to avoid action normally taken against those abusing email systems and to cause damage to the reputation of the parties appearing to have sent the messages. Experienced investigators can tell immediately whether headers have been forged and where the message actually originated; thus, it is important that any mail forwarded to us for investigation contains the complete headers from the original message.
We define spam or unsolicited commercial e-mail as e-mail that has not been requested by the recipient, is not compliant with the The Law of electronic commerce (2006), or that, even if requested, or compliant with the The Law of electronic commerce (2006), causes other entities to block our IP Addresses.
You may not use the Service to host a site that is advertised in SPAM (a spamvertized site), even if you yourself are not engaged in spamming. If we determine that you or an End User are spamming, we will suspend or terminate your account, at our discretion.
Furthermore, you may not use our email service:
- In connection with pyramid schemes, spamming or any unsolicited messages (commercial or otherwise);
- To restrict or inhibit any other user from using or enjoying such service;
- Under a false identity for the purpose of misleading others or forge the headers of your email messages in any way;
- To use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such service or other user or usage information or any portion thereof;
- To promote or facilitate the transmission of unsolicited email messages.
- Send messages to disrupt or cause difficulties in receiving other email;
- In the event that you maintain one or more bulk “opt-in” email lists, you must have a method of confirmation of subscriptions and be able to provide such information when requested by us. At our discretion, if no such evidence is available, such bulk emailings may be considered as unsolicited;
- We reserve the right, in our sole discretion, to set an upper limit on the number of recipients of customer initiated email, the number of subscribers on a customer’s bulk “opt-in” email lists, and the number of messages a customer may send or receive through our services.
While we do not undertake to monitor the materials that are sent through our email service, we reserve the right to review such materials, and to remove any materials at our sole discretion. We may decide, at our sole discretion, to terminate your access to our email service at any time, without notice. We cannot, however, promise any legal agency the ability to review data on our servers, as we ourselves cannot retrieve anything encrypted on, or deleted from, our servers.
If you believe that our AUP has been violated, you may send your inquiry to: email@example.com. Please note that we do not review anonymous inquiries. Your notice must contain, at a minimum, your first and last name, and either a working, monitored e-mail address, or a working, monitored, telephone number.
Co-operation with Investigations and Legal Proceedings
We do not review or monitor our customers’ activities. However, if we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we may choose to give you reasonable prior notice of such requirement. As stated, we cannot and will not be held responsible for housing criminal or suspected criminal activity, or abuse of our acceptable use policy, whether by omission, or by failing to investigate claims. If activity in breach of our terms is discovered or made known to us, we may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request. Law enforcement agencies that seek information about customers, End Users, and third parties and/or their use of the Service, are required to submit a subpoena, or other similar document, pursuant to which we are required by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated to us, the Subpoena will be transmitted to the customers, End Users, and third parties and/or their use of the Services are required to submit a subpoena, or other similar document, pursuant to which we are required by law to produce this information (“Subpoena”). Unless specifically prohibited by law and clearly communicated to us, the Subpoena will be transmitted to the customer, End User, or third party. Civil requests for information, such as discovery requests and similar demands (“Civil Demands”) must be part of a filed and pending litigation matter. Responses to Civil Demands are at our discretion.
Excessive Use of Shared System Resources
Our email service is considered unlimited, meaning that within reason there are no limits on storage space, number of emails sent or received per day, or number of device connections. However, since you will be sharing bandwidth and storage with hundreds of others on our servers in a virtual community, our offerings are really not intended to support enterprise level or large company requirements. To ensure that our hosting is first-class, reliable, and available to all customers within that server community, an individual customer’s usage cannot adversely affect the performance of other customers’ service. This means that while there is no set limit on storage, bandwidth usage, or emails in or out-bound, we will need to monitor for possible misuse.
An example of misuse would be using auto-mailing for spam purposes. If you are generating a consistent outbound flow of several thousand emails, and your inbox is filling by a gigabyte a day, we can safely assume that you are using shared resources frivolously. Other potential violations could include using our email service to store an excessive amount/type of materials, to the point it adversely affects other users rights to service. An example could be sending yourself an excessive amount of large attachments such as mp3’s, images or short video files. We do not monitor content, but general behavior and types of files stored can become a red flag. Flooding other users’ email inboxes could be a potential breach as well, as it can be construed as a DoS (Denial of Service) attack.
In the vast majority of cases, if you use the email hosting service appropriately, you will be able to view, send, receive, upload, download, and attach as much content as you wish. However, in certain circumstances our server processing power, server memory, or anti-abuse controls could place limits on your usage. Those who abuse the Services will not be tolerated and you agree that your right to use the Services is subject to the rules outlined above.
Suspension and/or Termination of products and Credits.
If you violate our AUP and we suspend or terminate the Service, you will not receive a refund of any Fees paid to us. Your failure to abide by any of the items set out in this AUP is grounds for suspension or termination of the Service. Any termination or suspension may be undertaken with, or without, notice to you. You agree to hold us harmless from any claims that a suspension or termination of products for this reason has damaged you or any claims from a third party that the suspension or termination has damaged them.
SERVICE LEVEL AGREEMENT
This Service Level Agreement (“SLA”) describes the level and availability of the Services. The SLA is incorporated by reference into the TOS between you and SG. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the TOS in effect between you and SG.
Choosing a communication product suite is never easy since your privacy and data is at stake. We know that the availability of the Services and access to your data is of the utmost importance to you and it is something that we take very seriously. This is why we have built SLA to cover the multiple components that keep the Services up and running.
By signing up for Services on the Internet, or by using any other means of subscription including subscription via a third party, a sales representative or commercialization partner, you benefit from the present network and power up-time guarantee if you are billed directly by SG.
We want you to feel at ease with your decision to purchase Services from us, and to know that we take your communication and data as seriously as you do.
Article 1: – General Terms and Conditions for all Services
SG provides your designated administrators with access to a dedicated account management tool. Via this tool, you or your designated administrators will be able to change passwords, enable new user accounts and disable old user accounts and other similar management functions.
You are entirely responsible for maintaining the confidentiality of your administrators’ passwords and accounts. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SG immediately of any unauthorized use of your account or any other breach of security. SG will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, without the permission of the account holder.
Customer Service, Billing and Sales Enquiries
For Customer service, Billing and Sales enquiries, you may contact us via the email form or the live messaging system, both available athttps://support.securegroup.com and https://secure.securegroup.com.
We provide systems support to your designated administrators. Systems support is defined as support associated with issues/faults with our servers. There are no additional charges for this support (we ask that you please check the Server Status Page on our website before calling our systems support). You may designate up to four, but no more than four, administrators who are authorized to call SG’s client support services.
End-Users and Custom Support Services
No support to your end-users shall be provided by SG unless specifically agreed to in writing by us. Directing your end-users or any third parties that are not administrators to our technical support service will constitute a breach of this SLA. We do offer affiliate agreements for our Services. Additionally, several support services may be provided on an as-needed basis, with separate pricing for each support service or on a per-project basis. Please contact us for details.
At your request, SG will provide an advance estimate of fees for migration from one system or provider to our Services, based on the information you provide. However, you acknowledge that our Fees will be calculated on the basis of the actual amount of data migrated and may exceed the estimate. You acknowledge that after we begin the migration services it is possible that we will discover technical limitations related to the configuration of your data that prevent us from successfully completing the migration. You acknowledge that there is a risk that data will be lost during a migration and you undertake to create a reliable backup of all data to be migrated prior to the time that SG begins the migration. You agree that SG will not be liable to you or to any third party for damages resulting from the loss or corruption of your information or third party information as part of the migration.
We exercise industry standard practices to ensure that software is correctly configured in all material respects. If there is more than one way to configure software, we will choose the configuration that we determine, in our sole discretion, to be the most appropriate. We reserve our rights to install security patches, updates, and service packs, at our sole discretion and only to the extent that such security patches, updates and service packs exist and are beneficial and compatible with our Services. Software updates may change system behaviour and functionality and as such may negatively affect your applications. We cannot foresee nor can we be held responsible for service disruption or changes in functionality or performance due to implementation of software patches and upgrades or other scheduled maintenance. If such disruption or changes occur, we will provide our best efforts to remedy the situation as soon as possible after being notified of the problem by you.
We are not responsible for problems that may arise from incompatibilities between new versions of software and your content, regardless of whether it was a requested, required or discretionary upgrade.
Access to our data center and systems is restricted to authorized personnel. We ensure that our employees and contractors are familiar with and understand our policies. We will make our best commercial efforts to protect the security of our systems and services, and the data that resides therein.
SG shall not be held responsible for retaining any of your data after account termination, unless as expressly provided hereunder. All data is deleted from the servers after the account is terminated and from back-ups during scheduled back-up rotation or earlier, at our convenience. We shall not restore, provide on any storage media, or otherwise transmit any data pertaining to existing or terminated accounts. Except in the case of termination due to abuse, a window of time for migration, removal, or other handling of data will be provided.
Incident Reports, Credits and Refunds
If an incident causes one or several of the Services selected by you to be unavailable temporarily, you may be credited and/or refunded in accordance with the “Service Unavailability Credits” section applicable for each Service.
SG SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER FOR SERVICE UNAVAILABILITY OTHER THAN WHAT IS EXPRESSLY PROVIDED IN THE APPLICABLE “SERVICE UNAVAILABILITY CREDITS” SECTIONS HEREIN.
To request a credit and/or a refund for any loss of Service, the client must file a report (an “Incident Report”) within fifteen (15) days of the occurrence of the loss of Service event to firstname.lastname@example.org. This “Incident Report” must contain a detailed description of the Services affected, problems observed and the duration of the event. Before processing any credit request, our accounting team will validate the information you provided in the Incident Report to confirm the loss of Service availability, its timeframe and corresponding credit and/or refund. Credit, if any, will be applied to the next invoice for the affected Service.
Maximum Aggregate Credits and Refunds
In any case where credits and/or refunds are granted to a client for a loss of Service, the maximum aggregate cumulative amount of such credits and/or refunds, in any given month for any given Service shall not exceed to total amount of Fees otherwise payable by you for this Service during this month.
You are not entitled to a credit and/or refund if you are in breach of the TOS, the AUP (and any of the documents incorporated therein by reference), including breach of payment obligations, at the time of the occurrence of the event giving rise to the credit until you have cured the breach. You are not entitled to a credit and/or refund if the event giving rise to the credit and/or refund would not have occurred but for your breach of the TOS or AUP (and any of the documents incorporated therein by reference) or your fault or negligence.
Previous Versions of This SLA
This version of the SLA supersedes any and all previous versions of the applicable SLA distributed or made available by SG , its representatives or agents. The procedure to change this SLA is governed by our TOS.
Article 2 – Specific Terms and Conditions for Secure Voice and Secure Chat Services
Secure Group provides Secure Pack as a secure communication suite comprised of three separate apps, Secure Voice, Secure Chat, and Secure Email. Only the Secure Email application requires any true hosting. Secure Voice makes use of server space and software, but does not store any data beyond basic (and very limited) user information. Calls made are peer to peer, and not reliant on storage. For that reason, only the server configurations and applicable services are backed up for this application. Secure Chat is largely the same, except that it relies on XMPP server configurations for base functionality. Messages can be stored, but only until they can be delivered to the recipient. Once downloaded by the recipient’s device, they are no longer available on our servers. References to backups in the paragraphs below therefore only apply to the server configurations for Secure Chat and Secure Voice, user information and keys required to authenticate.
We schedule nightly backups to the shared backup devices. Backups are monitored and checked for errors, and regularly scheduled tests of the restoration procedures are performed. Backup copy retention time is fifteen days. We do not warrant, however, that a valid backup is available for every day of this fifteen day period, as applicable. If a disruption of the Service occurs, We will assign our highest priority and will make our best commercial efforts to ensure the timely restoration of the Service. Depending on the type of disruption that has occurred, we might elect to first restore the Service without the data. Any data not immediately accessible after a disruption in the Service will be restored from the most recent backup and made accessible with SG’s highest priority.
SG cannot restore any Secure Mail or Secure Voice messages sent via our Service, as messages are only stored until sent to the recipient device. Upon download by the recipient device, they are irretrievable by any means from our servers.
- Planned Maintenance:
Planned maintenance is typically scheduled between 1am and 3am EST, and typically performed over the weekend. Two-day prior notice shall be given by SG.
- Hot Fixes:
Installation of urgent “hot fixes” is scheduled as quickly as possible after testing, and a notification is sent to you. The two-day notification mentioned above is waived for urgent hotfixes. SG also reserves additional two (2) two-hour maintenance windows on Wednesdays and Saturdays from 11:00 PM to 1:00 AM (EST), during which the servers may be offline for urgent fixes.
- Planned Maintenance:
Subject to the exclusions described below, SG undertakes to maintain 99.9% server uptime, defined as the ability to connect to the Email, Chat, or Voice servers, calculated on a monthly basis. SG will not monitor availability of individual users or accounts but only monitors the server availability as a whole.
SG calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above and all scheduled and urgent maintenances.
Any loss of Service availability lasting less than five minutes will not be included in the calculation of Service availability. SG calculates Service Availability based on both monitoring system and incident report from engineering team.
Any circumstance beyond SG’s reasonable control, including but not limited to the following conditions, will not be included in email, XMPP and web server availability calculations:
- Problem located on the customer’s side, including network/Internet issue, problem with 3rd party application; loss of Service availability due to Network Attacks such as denials of Service;
- SYN or similar attacks, issue caused by DNS resolution and/or domain name or certificate expiration;
- Mail bombing or other flooding attacks;
- Software “bugs” or problems within used products creating service interruptions, hardware bug or failure beyond high-availability system;
- Problem located outside our control within the Datacenter exploited by SG, such as Internet and power availability or any other situation mentioned within this SLA.
Service Unavailability Credits
On a per-Service basis, for each month in which the availability is below the target availability of section 5 herein above, SG will reduce the amounts due and payable to it relating to such Service for such month by 5%. In addition, for every 1% loss of availability below target availability of section 5 during the same calendar month, SG will further reduce the amounts due and payable to it relating to such Service for such month by another 2.5%.
Because of the architecture that SG has created to provide the Service, users within an organization may be spread across separate and distinct servers. In the case where one server suffers downtime exceeding the Service level warranty, your organization will be compensated only for the users with accounts on the non-complying server, on a pro-rated basis. Rarely, a Service may be functioning in some areas and not functioning in others. Any of these diminished functioning are not considered downtime and are excluded from availability calculations.
All requests must be made within seven days following the end of the month in question. Reclamations must include the starting time of the unavailability, the time when services came back to normal and at least three “traceroute” commands taken during the unavailability. Any incomplete reclamation form will be discarded. The request will be processed within ten to fifteen days following its reception.
Article 3 – Specific Terms and Conditions for Exchange Hosting Service
If selected, SG will make available application services for email, calendaring and task management created using Microsoft Exchange® server software (“Exchange Hosting Service”). These functions are not Secure Email provided services and while we will provide best effort support, issues with calendaring and task management will be covered by Microsoft. Our intervention will be limited to configuration help, and ensuring that the servers are healthy and functioning.
SG schedules daily backups to the shared backup devices. Backups are monitored and checked for errors, and regularly scheduled tests of the restoration procedures are performed. Backup copy retention time is seven days. On a weekly basis, backups are sent off-site. SG does not warrant, however, that a valid backup is available for every day of this seven day period, as applicable. If a disruption of the Service occurs, SG will assign its highest priority and will make its best commercial efforts to ensure the timely restoration of the Service. Depending on the type of disruption that has occurred, SG may elect to first restore the Service without the data. Any data not immediately accessible after a disruption in the Service will be restored from the most recent backup and made accessible with SG’s highest priority. In order to ensure the readiness of SG’s operators to complete the offline restoration process, SG runs frequent drills to test restoration performance. SG is not liable for data loss resulting from the failure or loss of backup media.
Mail Server Availability
Subject to the , SG undertakes to maintain 99.9% Mail server uptime. Mail server uptime is defined as the ability to retrieve the SMTP and POP headers from the mail server, calculated on a monthly basis. SG will not monitor availability of individual mail accounts or mailboxes but only monitors the server availability as a whole.
The outgoing email protocol used on the mail server (SMTP) is a “store-and- forward” type of protocol that does not warrant immediate delivery of email messages. If the mail server’s first email delivery attempt fails, it will re-attempt delivery according to a predefined schedule. If the message fails to be sent for 24 to 72 hours, the messages will be returned to the sender.
SG calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above and all scheduled and urgent maintenances. Any loss of Service availability lasting less than five minutes will not be included in the calculation of Service availability.
SG calculates Service availability based on both monitoring system and incident report from engineering team.
SG recognizes that from time to time, your users or administrators may mistakenly delete, in whole or in part, items in your database, mailbox or public folders, as applicable. As this is not a system fault and restoration may require partial implementation of our disaster recovery procedures, we reserve the right to charge you, and you agree to pay for, restoration fees of $150 per hour (with a minimum fee of $100), plus taxes. We do not warrant the integrity of the Web content or mailbox content, as applicable, of each individual backup.
Items within a mailbox that have been accidentally deleted can usually be restored directly from the Deleted Item Folder by the end user, even after the Deleted Item folder has been emptied. (Instructions for this procedure are contained within the Outlook® Help system.) Note, however, that SG retains these deleted items online for no more than seven (7) days. If a public folder or mailbox cannot be recovered from the online Deleted Items storage, SG must restore the items from the backup tapes employed in its disaster recovery systems. SG will restore these items within 96 hours of an approved request from your designated administrator acknowledging the fees.
Please note that email storage may be subject to retention policies applied at the user and organizational level. Those policies are not designed nor enforced by us. If a retention policy is used, and emails are deleted on such a policy’s schedule, they will NOT be retrievable. In addition you are reminded that only unencrypted email can be categorically recovered. We do not warrant in any way the legibility of email that is encrypted, due to loss of a key. Encrypted emails due to loss of a key cannot be retrieved by any means, and you will be made aware of this before any paid recovery attempt is made.
- Planned maintenance:
Planned maintenances are typically scheduled between 1am and 3am EST, and will typically fall on a weekend. Two-day prior notice shall be given by SG .
- Hot Fixes:
Installation of urgent “hot fixes” is scheduled as quickly as possible after testing, and a notification is sent to you. The two-day notification mentioned above is waived for urgent hotfixes. SG also reserves additional two (2) two-hour maintenance windows on Wednesdays and Saturdays from 11:00 PM to 1:00 AM (EST), during which the servers may be offline for urgent fixes.
- Mailboxes Movement:
SG may move mailboxes within the Exchange Hosting Service, among the different SG servers, at its discretion. SG does not warrant that it will send a notification prior to these moves, and they should not affect users whose software is installed and configured correctly. Incorrect configuration of the user’s software, which may result in the inability to connect to the Service, is not considered downtime and is excluded from the calculation of system availability.
- Planned maintenance:
Mail Delivery Terms and Conditions
- Email Delivery Restrictions:
In order to prevent bandwidth issues for our clients, SG limits attachments to 30 MB. Consistent sending of files of this size may result in action against your account, if it proves to adversely affect the performance of our servers, or negatively impact our other clients. We reserve the right to impose restrictions upon individual users, as required.
- Mail Delivery Time:
Individual email messages including attachments of less than 20 Mb that are received inbound from the Internet gateways, or those sent from one mailbox on the Exchange Hosting Service to a second mailbox on the Service, generally will be delivered in sixty seconds or less.
Email messages including attachments of less than 20 Mb outbound to Internet gateways generally will be sent from the Exchange Hosting Service within sixty seconds; delays at the gateways due to Internet issues are not covered by this SLA.
SG gives no guarantee regarding the timing of delivery or receipt of mail being processed on the Internet. Delivery times covered by this SLA are only for mail sent between servers, mailboxes, and/or gateways on the Exchange Hosting Service. Additionally, SG’s spam control functionality performs additional analysis and processing of inbound emails, so the delivery times specified above do not apply for delays due to same.
- Email Delivery Restrictions:
Application Service availability
Subject to subsection 3.6, SG undertakes to maintain 99.9 average uptime availability of the Exchange Hosting Service’s mailboxes and/or public folders and timely delivery 99.9 % of email messages in accordance with subsection 4 above.
Any circumstance beyond SG reasonable control, including but not limited to the following conditions are excluded from the calculation of availability and timely delivery:
- problem located on the customer’s side, including network/Internet issue;
- problem with 3rd party application;
- loss of Service availability due to Network Attack such as denials of service, SYN or similar attacks,
- issue caused by DNS resolution and/or domain name or certificate expiration;
- software “bugs” or problems within used products creating service interruptions, hardware bug or failure beyond high-availability system;
- problem located outside our control within the Datacenter exploited by SG , such as Internet and power availability or any other situation mentioned within this SLA.
SG calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above and all scheduled and urgent maintenances. Any loss of Service availability lasting less than five minutes will not be included in the calculation of Service availability. SG calculates Service availability based on both its monitoring system and incident reports from its engineering team. On a per-Service basis, for each month in which the availability is below an average of 99.9% as calculated above, SG will reduce the amounts due and payable to it relating to such Service for such month by 5%. In addition, for every 1% loss of availability below the 99.9% targeted average availability
Service Unavailability Credits
If SG fails to provide Exchange Hosting Service’s availability in accordance with section hereinabove for an aggregate total of 2 hours or more in any given month, SG will reduce the amounts due and payable to it relating to the Exchange Hosting Service for such month by 5% for each mailbox affected. For every additional 2 hours of delay of email service during the same calendar month, SG will further reduce the amounts due and payable to it relating to the Exchange Hosting Service by another 5% of the original price charged for such month. The maximum credit per month for message delays shall be 15%.
All requests must be made within seven days following the end of the month in question. Reclamations must include the starting time of the unavailability, the time when services came back to normal and at least three “traceroute” commands taken during the unavailability. Any incomplete reclamation form will be discarded. The request will be processed within ten to fifteen days following its reception.
Protection Against Viruses
SG provides inbound anti-virus scanning as part of the Exchange Hosting Service, and will make its best commercial efforts to protect against SMTP borne viruses and other computer software threats. While SG’s anti-virus protection is state of the art, due to the rapidly evolving nature of viruses, Trojan Horses, and other email-borne security issues, SG can make no warranties against these types of threats or the effectiveness of its anti-virus solution.
Protection Against Spam
SG provides anti-spam filtering as part of the Exchange Hosting Service, and will make its best commercial efforts to protect against unwanted emails. SG cannot make any warranties in the system’s filtering efficiency.
Thank you for using Secure Pack by Secure Group! Secure Pack applications allow you to encrypt and send audio, video, voice, email and text messages, so that you can communicate on your android safely, securely, anonymously — and easily. In addition to Android services, Secure Group also offers similar services for Blackberry, and email support for desktops.
We deploy our best commercial effort to preserve your privacy and security, and we do our best to be as transparent as possible in explaining how we use your data in providing our Services. Please contact us if you have any questions at privacy at Securegroup.com.
Our Privacy Practices, in Brief:
Secure Pack has to collect some information from you in order to provide our Services to you, but we do so in a highly limited, highly secure way.
- We use military-grade encryption. Our encryption is based on 256-bit symmetric AES encryption, RSA 4096 encryption, ECDH521 encryption, transport layer security, and our proprietary algorithm.
- We only see the information you give us. This would only include such things as required billing and contact information for purchasing our Services.
- Deletion is forever. When you delete a message, or when a message expires, our “secure shredder” technology uses forensic deletion techniques to ensure that your data can never be recovered by us or anyone else.
- You own your data. We do not share or sell any data about our users. Period.
What Information Does Secure Group Collect, and How Is It Used?
We are committed to limiting our collection of your information to what is necessary to provide you with our Services.
What We Do Not Collect: Equally important to us is the information we do not collect. We will NEVER collect any location information or have access to the contents of the communications you send using the Secure Pack Apps, provided that you’ve adequately used the applications. After messages are deleted (or after they expire), they are forensically deleted and are not retrievable by us or anyone else. (Remember, however, that if you send a Secure Pack message to another Secure Pack user, that message might remain on their device even after you delete it from yours, depending on the value you set for the self-destruct time of that message.)
User-Provided Information: We collect some very limited information from you after you download the Secure Pack Apps in order to allow you to create a Secure Pack Account, and begin using the Secure Pack Apps.
- Your Secure Pack ID: Your Secure Pack username is how you allow others to contact you via Secure Pack. It does not have to be your real name or provide any reference to your identity.
- Your Password:We require you to have a password to use the Secure Pack Apps, but we never store your password on our servers and do not store it by default in any form on your device. For your own security, we recommend that you use a long, unique password consisting of a mix of upper- and lower-case letters, numbers, and symbols.
Optional User-Provided Information: Within the Secure Pack Apps, we provide a few optional features for your convenience. None ask for your personal information, but may allow you to inadvertently provide it. If you want to keep your use of Secure Pack as anonymous as possible, please read these sections carefully in order to understand how we associate information you provide with your Secure Pack Account.
- Email Headers and Optional Encryption: Our Secure Email app (part of Secure Pack) provides the option to encrypt any email sent from your mailbox. However, it is only an option. Simply having the Secure Email app does not protect your information or your identity. In addition, we cannot protect your anonymity if you place your name as part of the email header
- Optional Encryption in Chat: Secure Chat allows users to communicate with other users on XMPP based clients in addition to our secured OTR protocol. Such communications are not secured by OTR, as the protection is reliant on two parties having the software. You must actively share your username with any potential contact; however, if you also share your name with a potential contact, prior to establishing a secure OTR connection, we cannot provide any assurances of protection.
- Encrypting Files and Images: The Secure Pack Apps will allow you to share PDFs and image files. The Secure Pack Apps will make encrypted copies of these files for sending as Secure Pack messages. Secure Email will disguise not only the file but also its type by labelling it attachment.pgp. Remember though, that encryption is not automatic. If you elect to send unencrypted emails, attachments will NOT be protected either. By the same token, sending files to an unsecured XMPP contact who does not have OTR protection will also not be protected.
- Auto-Login: By default, the Secure Pack Apps will automatically log out of your account after a set period of inactivity, and in order to use the Secure Pack Apps again, you will have to re-enter your password. If you enable Auto-Login, you will be able to use the Secure Pack Apps after a period of inactivity without having to enter your password each time. While you will still benefit from Secure Packʼs security (e.g., deletion, encryption, etc.) and may find that your user experience is more seamless, this option is less secure than the default logout and password requirements, and we suggest that users who enable Auto-Login retain other security measures on their devices, like enabling screen locks and PINs through your device settings.
- Crash Log: For the purpose of debugging and error correction as well as for system continuity, users might choose to send crash logs to Secure Pack when prompted by the app. The logs do not contain any user personal information and they pertain only to the Secure Pack Apps. The process is voluntary and users can choose not to send their crash logs to us at any time. Participating in errors/crash reporting will help Secure Pack to become a better app.
Automatically Collected Information: Secure Pack collects two types of information automatically during your setup and use of the Secure Pack Apps: Device Information and Aggregate Usage Data.
- Device Information: The Secure Pack Apps will collect a hashed representation of both your mobile device type and your mobile device’s hardware ID during registration, in order to connect that information with your account and to tie your account to your device.
- Aggregate Usage Data: During the operation of our services, we also collect aggregate, anonymous information about basic usage statistics, such as the number of messages sent by all Secure Pack users daily, what types of messages our users tend to send (e.g., voice messages more often than text), and so forth. We never attempt to (and cannot) identify users associated with any of this information.
What Information Does Secure Pack Share with Third Parties?
We do not share any user information we have with third parties, with the exception of the third-party service with whom we share your phone number for the sole purpose of sending you an SMS confirmation if you choose to associate your phone number with your Secure Pack ID. Please note that the provision of a phone number is completely at the user’s discretion.
Please see our Law Enforcement Guidelines but here is a brief summary.
We will always notify you of any third party requests for your information unless legally unable to do so. We require a warrant before handing over the contents of your communication, however, because of the nature of our technology, the contents of your communication will be undecipherable if obtained.
We Retain as Little Data as Possible, for the Least Time Possible
Data Retention on Secure Packʼs Servers: Our servers store the encrypted messages that you send and receive only long enough to ensure their reliable delivery. Undelivered messages are deleted after a reasonable period of time. We retain non- message data (i.e. Types of messages, usernames) for as long as you use the Secure Pack Services and for an indefinite time thereafter.
Data Retention on Your Device: All messages are stored encrypted on end users’ mobile devices. You choose your own retention policy for your messages by choosing how long a message is saved before it is deleted (via the self-destruct time for sent messages and manual deletion for your device). Deleted messages cannot be recovered.
We Are Serious About Security
However, as security experts, we know that no security system can prevent all potential security breaches. Therefore we have limited the potential implications of such a breach by designing our system so that in the event of a breach, we would have the least possible information about you.
Users Outside Bulgaria
If you use our Services and reside outside Bulgaria, your information will be transferred to Bulgaria and will be processed and stored there under Bulgarian privacy standards. By using our Services and providing information to us, you consent to such transfer to and processing in Bulgaria.
You are responsible for complying with any laws or regulations that govern the use of applications and services like Secure Pack in any jurisdiction in which your access these services.
Contact Us if You Have Questions
If you have any questions regarding privacy while using our Services, or have questions about our practices, please contact us via email at privacy at Securegroup dot com.
Our privacy practices are consistent with:
- Bulgaria’s federal privacy legislation, the Personal Information Protection and Electronic Documents Act (hereinafter “PIPEDA”); and
In accordance with these laws, SG may share information, including Personal Information (as defined in section 5 below) provided on a voluntary basis with its promotion and marketing agency and mass-mailing agency.
All Personal Information is collected with your voluntary consent. Personal Information is not accessible to anyone outside the specific function for which it is collected. SG values the privacy of its customers, employees, job applicants and other visitors to its website who may choose to provide Personal Information.
Secure Group’s Commitment: Our Privacy Principles
Our commitment regarding your Personal Information is reflected in a series of 10 Privacy Principles, which are as follows:
Principle – Accountability
SG is responsible for Personal Information under its control.
Principle – Identifying the Purposes for Collection of Personal Information
Principle – Consent for Collection, Use, or Disclosure of Personal Information
SG will obtain your informed consent for the collection, use or disclosure of your Personal Information, except as permitted by law.
Principle – Limiting Collection of Personal Information
SG will limit the collection of personal information, both the amount and the type of information, to what is necessary for the purposes identified by SG.
Principle – Limiting Use, Disclosure and Retention of Personal Information
SG will not use or disclose Personal Information for purposes other than the identified purposes for which it was collected, except with your consent or as required or permitted by law. SG will retain your Personal Information only as long as necessary to fulfill the identified purposes.
Principle – Accuracy of Personal Information
SG will attempt to make sure that your Personal Information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
Principle – Security Safeguards
SG will protect your Personal Information by security safeguards appropriate to the sensitivity of the information.
Principle – Openness Concerning Policies and Practices
SG will make readily available to you specific information about our policies and practices relating to the management of Personal Information.
Principle – Individual Access to Personal Information
Upon written request, subject to certain exceptions, SG will inform you of the existence, use, and disclosure of your Personal Information and will give you access to that information. You are able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Principle – Challenging Compliance
Consent to Share and Disclose Information
Consent to Electronic Notice if There is a Security Breach
- If SG is required to provide notice of unauthorized access of certain security systems, you agree that SG may do so when required or voluntarily by posting notice on the Website or sending notice to any email address that we have for you, at SG’s sole discretion. You agree that notice to you will count as notice to any other individual for whom you are acting and agree to provide the notice to any such individual.
Type of information we May Collect
- “Personal Information” is defined as any information concerning the personal or material circumstances of an identified or identifiable individual. An identifiable person is one who can be identified, directly or indirectly, by reference to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
- Personal Information shall include but is not limited to: name, home address, home postal code, home telephone number, mobile phone number, email address and employment related information such as may be found on resumes, applications, background verification information, or in employment references.
- Non-personal Information is information that is already a matter of public record or knowledge. Business contact information is considered non-personal information and not subjected to special protection and it can be routinely shared with anyone inside or outside of the business. Business contact information shall include but is not limited to: business name, business address, business telephone number, and is not considered personal information in certain jurisdictions.
Internet Users – Cookies, Internet Protocol (IP) Address, Aggregate Information
- Cookies can expire at the end of a browser session (from when a user opens the browser window to when they exit the browser) or they can be stored for longer.
- Internet Protocol (IP) Address – an Internet Protocol (IP) Address is associated with your computer’s connection to the internet. SG may use your IP address to help diagnose problems with SG’s servers, to administer the Website and to maintain contact with you as you navigate through the Website. Your computer’s IP address also may be used to provide you with information based upon your navigation through the Website. SG does not link IP addresses to any Personal Information.
- Aggregate Information – is used to measure the visitors’ interest in, and use of, various areas of the Website and the various services and programs that SG offers, SG will rely upon aggregate information, which is information that does not identify you, such as statistical and navigational information. With this aggregate information, SG may undertake statistical and other summary analyses of the visitors’ behaviors and characteristics. Although SG may share this aggregate information with third parties, none of this information will allow anyone to identify you, or to determine anything else personal about you.
- We also use the services of Google analytics to gather Aggregate Information on our website. To opt out of being tracked by Google Analytics across all websites visit: tools.google.com/dlpage/gaoptout.
Our Use of Your Information
- With your prior consent, SG may market to you directly by email, mail or by telephone for the purposes, among others, of offering you some of SG new or current product. You may remove yourself from our list at any time.
- SG undertakes not to use any Personal Information it gathers in compliance with this policy or with any applicable legislation, to any other purposes unless we obtain your consent for that purpose or in certain exceptional circumstances, where we believe in good faith that the law requires or allows it.
Collection and Use of Customer Information
- SG will not collect Personal Information, unless you register for our services directly. In the future, and only to the extent that you expressly consented thereto, it is possible that we may use this information to contact you regarding products or promotions, as well as other products and services, which may be of interest to you. If you do provide us with Personal Information and expressly consent thereto, we may use the information to contact you, via e-mail, regular mail, telephone or other means, to provide you with information that you requested about specific products or services, provide additional future information about products or services that may be of interest to you, and to learn about and develop products and services. You may withdraw your consent at any time by unsubscribing from our database or contacting us in writing, as described below in the section 17.
This section applies to individuals who visit our Website through a mobile device such as cellphone or tablet computer:
Mobile Information We Collect
- Personally identifiable information (e.g. Name, email address) we collect only of what you share with us. For example, we may ask for this type of information so that we may contact you by phone or email at your request.
- If you use any location-enabled products, you may be sending us location information. SG does not store or use this information other than to provide the service you requested.
- Some mobile applications will utilize Google Analytics (or similar tool) to help us better serve our customers through improved products, services, and revisions to the mobile applications. This collected information will not identify you to SG, it may however, let us know anonymously, which services and features you are using the most within the application, as well as device type and hardware features, country and language of download.
- Use of third party services such as social sharing sites (e.g., Facebook, Twitter, Google+, and Pinterest) is governed by the privacy practices of those services. SG does not capture or store your login information or other personally identifiable information for these services; however session info or cookies may be stored.
How We Use Mobile Collected Information
- We use the information collected through your mobile device to personalize your experience with the application and to improve your overall experience including the development of new products, services, and features. We also use the information to provide customer support, and when applicable, register and administer your account. Additionally, we may use the information you provide to contact you about updates to our service.
- Information you provide may be used to fulfill the service(s) or carry out the transaction(s) you have requested or authorized.
Except as Required by Law, SG Does Not Share Any Collected Mobile Information with Third Oarties With the Following Exceptions:
- SG may provide some personal data to third-party partners that are providing services essential to your mobile user experience.
- All requests are sent through your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policies for additional information.
Opt-Out of Email and Mobile Updates
Sharing of Personal Information
- Although we make every effort to preserve user privacy, we reserve the right to disclose Personally Identifiable Information to a third party in certain limited circumstances, specifically: to comply with a law, regulation, search warrant, subpoena, judicial proceeding, a court order, or as otherwise may be required by law, to enforce our policies or contracts, to collect amounts owed to us, to protect users of our sites from fraudulent or abusive use, during emergencies when safety is at risk, as determined by us, or otherwise where necessary for the establishment, exercise or defense of legal claims. In addition, from time to time, server logs may be reviewed for security purposes; for example, to detect unauthorized activity on the Website. In such cases, server log data, containing IP addresses, would be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities. Such disclosures will be made in accordance with our Law Inforcment Guidelines.
- We endeavor to protect your Personal Information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our control. These measures include safeguards to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use and modification.
Storage, Retention and Accuracy of Personal Information
- SG takes all reasonable steps to insure that Personal Information is safeguarded against loss, access, use, modification, disclosure or other misuse. All reasonable steps are taken to prevent unauthorized use or disclosure of your Personal Information.
- SG will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws and your consent to such purpose(s) remains valid after termination of our relationship with you.
- We may store your Personal Information in our databases located in Sofia, Bulgaria or in other datacenter outside Bulgaria where they will be subject to the laws of the local jurisdiction. As a result, in certain circumstances, foreign governments, courts, law enforcement agencies or regulatory agencies may be entitled to access the Personal Information collected and held by SG. We undertake to notify you using the email address contained in your account in the event of such disclosure.
Access, Control and Update Information About You
- We want to be sure that we keep only the most accurate and up-to-date Personal Information in our records. Therefore, whenever you believe that your Personal Information needs to be updated, you may use your account manager or you may contact us (see section 6) to update your contact information. You may choose at any time to remove your name, telephone numbers, and postal and email addresses from the lists we use to send notices or updates and elect not to receive correspondence from us also by contacting the Privacy Officer.
Links to Non-SG Web Sites and Third Parties
Social Media and Online Engagement
- We use a variety of new technologies and social media options to communicate and interact with consumers. These sites and applications include popular social networking and media sites, open source software communities and more. To better engage the public in ongoing dialog, we uses several third-party platforms including, but not limited to, Facebook, Twitter, Google+ and Pinterest. Third-Party Websites and Applications (TPWA) are Web-based technologies that are not exclusively operated or controlled by us. When interacting with our presence on those TPWA, you may reveal certain personal information to SG or to third parties. Except when used by our employees for the purpose of responding to a specific message or request, we will not use, share, or retain your Personal Information gathered through a TPWA.
- At this time, we are present on five (5) Social Media websites, Facebook.com/Securegroup, Twitter.com/ thesecuregroup, plus.google.com/+SecureGroup/, www.youtube.com/user/TheSecuregroup and pinterest.com/securegroup/
Our Privacy Officer
- You may contact our Privacy Office to access, correct or delete your Personal Information. If necessary, the Privacy Officer will contact the appropriate employee to fulfill your request.
- Should you have any questions or complaints, do not hesitate to contact the Privacy Officer. The Privacy Officer may be reached:
By phone at:
By mail at:
Attention: Secure Group (Secure Group Technologies EOOD) Privacy Officer
130 Simeonovsko Shosse Blvd.,
Sofia 1700, Bulgaria, Email:
By facsimile at:
Terms and Conditions of Website Use
We strongly hope you will have a very positive experiences using our applications and products. If you have changed your mind and are not entirely satisfied with our services and provided that you did not pay by bitcoins, simply contact us within seven calendar days, and ask us to cancel. No questions asked. If you paid us by credit card, we would credit the card on file; otherwise we will send you a check. This policy applies to all our apps and services. Please note that this policy does not apply to products being shipped to Secure Group members. For products requiring shipment, the refund policy will be described in the offer details. Unfortunately, setup and domain registration cannot be included in our policy, as once paid, the domain is removed from the available pool, and cannot be returned until the lease is up. The domain name is yours and can be taken with you to another provider. Please let us know if you are keeping the domain name and planning to reuse as there can be some coordination required for hosting/registration change purposes.
If it is the terms or length of the commitment that are the basis for your decision to cancel, please contact sales at email@example.com , and we can see if there is a package better suited to your needs.
Our resellers are legally bound to honor the same policy, so if you did not get your subscription from us directly, contact the reseller for your refund. For more information see our terms and conditions.
BY REGISTERING AS AN AFFILIATE YOU ARE AGREEING TO THE TERMS AND CONDITIONS SET OUT IN THE AGREEMENT BELOW (“AFFILIATE PROGRAM TERMS”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT PROCEED WITH ORDERING OR USING THE SERVICES
THIS AGREEMENT is by and between Secure Group Technologies EOOD d.b.a. Secure Group hereafter referred to as (“SG” , “we”, “us”, or “our”) and you (“Customer”, “you”, or “your”), as the recipient of Services or the recipient of a commission hereunder as identified as part of the subscription process for Services (a “Partner” as further defined below). Each of SG and Partner may be referred to as a “Party” and collectively as “Parties” under this Agreement.
Our Affiliate Program is designed to help you generate income in exchange for reselling our products, or referring new clients to use our services.
Partner desires, and SG is willing to grant Partner either of the following rights in relation to the Affiliate Program for which the Partner is registered:
- If under the Reseller Partner Program: a right to be compensated for referrals resulting in a sale by SG of the Services to End-Users identified by Partner, in accordance with this Agreement;
- If under the Technology Partner Program: a right to resell the Services as co-branded applications to End Users in accordance with this Agreement.
NOW, THEREFORE, in consideration of the promises, mutual covenants and agreements set forth in this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows
Whenever used in this Agreement, the following capitalized terms shall have the respective meaning specified below:
- “Business Day” means any day, except Saturday and Sunday on which banks are open in Sofia, Bulgaria.
- “Claims” means any claim, demand, action, suit, cause of action, assessment or reassessment, charge, judgment, debt, liability, expense, cost, damage or loss, direct or indirect, contingent or otherwise, including loss of value, reasonable professional fees, including fees of legal counsel on a solicitor-and-client basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing.
- “Confidential Information” means all non-public technical information and business information, programming, software code, trade secrets, marketing strategies, software, documentation, customer data, financial information and any other information which in the circumstances of its disclosure could reasonably be viewed as confidential. Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the Receiving Party; (b) was in the Receiving Party’s lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or indirectly from the Disclosing Party; (c) is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; or (d) is independently developed by the Receiving Party, provided that the foregoing shall not be deemed to permit use or disclosure of information in breach of applicable law. Each Party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by it or its employees or agents in violation of the terms of this Agreement or applicable law.
- “Effective Date” means the date on which the Services are installed and activated, which date shall be confirmed in writing by SG to the Partner.
- “End User” means an individual or legal entity that obtains the Services from the Partner or from SG, under this Agreement.
- “Includes” and “including” mean “including (or includes) without limitation”.
- “Intellectual Property Rights” means all rights protectable by copyright, trade-mark, patent, industrial design or trade secret and other intellectual property rights under any law including common law.
- “Partner” means a Reseller Partner or a Technology Partner or all of them, depending on the context.
- “Person” means an individual, corporation, company, cooperative, partnership, trust, unincorporated association, entity with juridical personality or governmental authority or body, and pronouns that refer to a Person shall have a similarly extended meaning.
- “Products” means any software products of SG or third party providers made available through the Services.
- “Program” or “Programs” means, depending on the context, one or all of the Reseller Partner program or the Technology Partner Program available at http://securegroup.com/reseller/ which are designed to govern SG’s relationship with the categories of Partners outline in Section I herein.
- “Qualified Purchase” means the purchase of SG’s Services by a new and unique End User who: (i) clicks on an affiliate tracking link, (ii) completes the signup process within ninety days of clicking on the affiliate tracking link, (iii) maintains an active account with SG for a minimum of ninety days; and (iv) did not transfer from a Secure Group partner or related company.
- “Services” means (i) the Secure Pack, a secure communication suite comprised of three separate apps, Secure Voice, Secure Chat, and Secure Email and (ii) SG’s technologies to implement encrypted communication within a corporate environment.
Subject to Partner’s compliance with the terms and conditions of this Agreement, SG will provide the Services in accordance with its Service Level Agreement and hereby appoints Partner, and Partner hereby accepts such appointment(s), under the applicable Affiliate Program, as:
- If under the Technology Partner Program: a non-exclusive distributor of the Services as co-branded applications to End Users. The foregoing grant is subject to the following conditions:
- The Services shall be made available only to End Users or sub-distributors who in turn make Services available to End Users;
- Technology Partner shall ensure that each End User enters into the applicable End User Licence Agreements with Technology Partner, Technology Partner’s sub‑distributor, SG and if applicable, third party Suppliers prior to the Technology Partner providing any access to the Services and prior to any use of the Services by the End User;
- Technology Partner shall pay SG the amounts set out in Schedule C for each End User that purchases the Software Services;
- Technology Partner or its sub-distributors will provide the Services to End Users through a web portal or online market place co-branded along with SG’s branding, showing Technology Partner branding (or sub-distributor’s branding); and
- If under the Reseller Partner Program: a non-exclusive referral agent of the Services. The foregoing grant is subject to the following conditions:
- SG shall pay Advisor the amounts set out in Schedule C for each End User that purchases the Services
Partner agrees that SG and the third party suppliers own all proprietary rights, including patent, copyright, trade secret, trade-mark and other proprietary rights, in the Services. Nothing in this agreement grants Partner any ownership right in the Services.
4. Fees and taxes
- Partner may accrue a one-time referral fee for each purchase of a hosting account that it refers to SG that meets the definition of a Qualified Purchase and the requirements set forth herein.
- Partner must be enrolled at the time of the referral. No referral fee will accrue for sales that occurred before Partner’s participation in the Affiliate Program.
- In order for Partner referrals to accrue and be eligible for the first referral fee payment, Partner must reach a minimum threshold of CDN $100 (the “Minimum Threshold”) in referral fees within twelve (12) months of the first Qualified Purchase Partner refers to The Minimum Threshold only applies to the first payment issued to Partner under the Affiliate Program. All subsequent referral fees or credits for Qualified Purchases are paid according to the terms set forth herein.
- Partner is solely responsible for keeping all information up to date including postal and email addresses, name, payment information, tax information and any other personal information that will impact the ability to issue a valid payment
- Partner is solely responsible for ensuring that all payee information is accurate and up to date in the affiliate system. SG is not responsible for any lost or stolen payments.
- Missing or untracked Partner referrals must be reported within 30 days of the Qualified Purchase and will be credited to your account at our sole discretion, provided that such credit has accrued pursuant to the terms set forth herein. Referrals that are not reported during the prescribed delay will not be credited to Partner’s
- Referral fees are determined approximately forty-five days after the end of the month in which the Qualified Purchase is recorded. Payments are then processed and sent to Partner between the 16th of the month and the last day of the month. EXAMPLE: the referral fees from a Qualified Purchase recorded in January will be sent to the Partner between March 16th and March 31st.
- Payments are sent using the PayPal mass payment system. SG pays for the transaction fee associated with the mass payment system. Partner is required to supply a PayPal address to receive payments. For larger Partners with balances of over USD $10,000 per month, SG offers a wire transfer option. To update your payment information, please contact the affiliate program
- In the event that SG re-issues any payment, a USD $35 charge will apply and be deducted from the Partner’s
- Partner is responsible for making sure it is able to accept payments. Please ensure that your bank or PayPal account can accept payments from Bulgarian
- Partner is responsible for any and all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive its referral fees.
- Because of the high frequency of credit card fraud and cancellation rates, SG reserves its rights to hold referral fees for up to two additional months for verification. At our sole discretion, we reserve the right to cancel referral fees in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first ninety days, or if we learn that the referral fee was earned improperly for any other reason.
- Referral fees will be reversed and deducted from future earnings should the referred customer downgrade its Services or terminates its agreement.
- Referred customers that issue a chargeback or are found to be fraudulent (e.g. false information, fake/stolen credit cards, selling counterfeit goods etc.), as determined in SG’s sole discretion, will be reversed regardless of the amount of time that has passed since the signup occurred.
- Customers using non-standard rates (rates not available through the Affiliate Program) are not eligible for affiliate referral fees, as determined at Secure Group’s sole discretion. Non-standard rates include but are not limited to: sales, promotions, email offers, prepaid accounts and discounted pricing offered for educational, government, non-profit or charity organizations.
5. Partner Restrictions and Responsibilities:
- Partners MAY NOT
- offer cash back, rewards or other incentives to drive traffic/sales via its affiliate tracking links;
- use traffic that is generated by pay to click, pay to read, banner exchanges, click exchanges, CPV advertising, pop-up/under, SPAM, purchased traffic or similar methods;
- use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link (for example a 1×1 pixel iframe);
- bid on or useSG’s business names, trademarks, product names or misspelled keywords for the purpose ofpay per click campaigns on Internet search engines (Google,Bing,Yahoo, MSN, Ask etc.) or in its domain names;
- use redirected pages and links to send a user to our site. For example, Partner may not have a PPC link on a search engine that redirects the user to our site;
- purchase a domain and set it to forward directly to our site using its affiliate link;
- copy our website or any portions thereof, including, without limitation, any of SG’s trademarks or other intellectual property, and display them on its own site or subdomain or use them in any way without SG’s prior express written permission;
- engage in the advertisement of business-opportunity sites or use marketing practices that attract fraudulent or short-term customers (customers with low retention and renewal rates) which shall be determined at our sole discretion.
- Partners must
- Ensure its tracking code is working properly before sending traffic to SG’s servers. Any modification to the links is the sole responsibility of the Partner. Referral fees may not be paid for tracking errors caused by editing, masking, redirecting or tampering with affiliate links, as determined in our sole discretion;
- Comply with all local laws.
- Partner accounts may be terminated at any time without warning or notice at our sole discretion. Any Partner who violates our Terms of Service, our Service Level Agreement, our Acceptable Usage Policy or these Affiliate Program Terms, or any applicable law is subject to having its account terminated immediately, and any and all accrued, but not yet received, referral fees will be forfeited.
- In our sole discretion, any false or misleading advertising or suspected fraudulent activity associated with a Partner’s account will result in immediate termination.
- Partner accounts generating a large number of fraudulent accounts, as determined in our sole discretion, will be terminated.
- The grants of rights under this Agreement are reserved for Persons that are providing services to multiple End Users in a competitive market. This Agreement is not to be used by entities that are not at arm’s length to End Users or that, whether directly or indirectly, control or are controlled by an End User, in order to gain advantageous pricing. Where SG determines, in its sole discretion, that a Partner or potential Partner is not in compliance with this requirement, it shall be entitled to refuse any application on behalf of a potential Partner and to terminate the Agreement upon five days’ notice.
- Independent Contractors. The Parties are independent contractors under this Agreement and nothing in this Agreement shall be construed to create any partnership, joint venture, employment or agency relationship whatsoever as between SG and Partner. Neither Party shall, by reason of any provision herein contained, be deemed to be the partner, agent or legal representative of the other Party nor to have the ability, right or authority to assume or create, in writing or otherwise, any obligation of any kind, express or implied, in the name of or on behalf of the other Party.
- Entire Agreement. This Agreement and the schedules attached hereto collectively constitute the entire agreement between the Parties pertaining to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions with respect to the subject matter hereof whether oral or written. This Agreement may only be amended, modified or supplemented by a written agreement signed by both of the Part
- Applicable Law and Venue. This Agreement shall be governed and construed in accordance with the laws of Bulgaria to the specific exclusion of the Act Respecting the United Nations Convention on Contracts for the International Sale of Goods. The Parties intend and agree that the law Bulgaria shall apply despite any choice-of-law statute, rule, or precedent that would apply the law of any other jurisdiction. The Parties hereby attorn to the exclusive jurisdiction of the federal and provincial courts sitting in Sofia, Bulgaria.
- Non-Waiver. No waiver of any of the provisions of this Agreement is binding unless it is in writing and signed by the Party entitled to grant the waiver. The failure of either Party to exercise any right, power or option given hereunder or to insist upon the strict compliance with the terms and conditions hereof by the other Party shall not constitute a waiver of the terms and conditions of this Agreement with respect to that or any other or subsequent breach thereof nor a waiver by either Party of its rights at any time thereafter to require strict compliance with all terms and conditions hereof including the terms or conditions with respect to which the other Party has failed to exercise such right, power or option.
- Force Majeure. Neither Party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of nature, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications, or any act or failure to act by the other Party or such other Party’s employees, agents or contractors; provided, however, that lack of funds and a lack of reasonable disaster recovery plans and safeguards shall not be deemed to be a reason beyond a Party’s reasonable control. The Parties will promptly inform and consult with each other as to any of the above causes which in their judgement may or could be the cause of a delay in the performance of this Agreement.
- Successors and Assigns. A Party may not assign this Agreement without the prior written consent of the other Party, such consent not to be reasonably withheld. This Agreement shall enure to the benefit of and be binding upon SG and Partner and their respective legal successors and permitted assigns.
- Survival. All obligations of SG and Partner which expressly or by their nature survive expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding such expiration or termination and until they are satisfied or by their nature expire.
- Cumulative Rights. The rights of each Party hereunder are cumulative and no exercise or enforcement by a Party of any right or remedy hereunder shall preclude the exercise or enforcement by such Party of any other right or remedy hereunder or which such Party is otherwise entitled by law to enforce.
- Further Assurances. The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent.
- If in any jurisdiction, any provision of this Agreement or its application to any Party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective only to the extent of such restriction, prohibition or unenforceability without invalidating the remaining provisions hereof and without affecting the validity or enforceability of such provision in any other jurisdiction or its application to other Parties or circumstances.
- The Parties acknowledges that the Services may be subject to export and re-export restrictions under the Bulgarian export control laws and thus may not be exported or re-exported except in compliance with such laws.
- Language. The Parties have requested that this Agreement, together with any schedule, notice or other related document, be drawn up in the English language only. Les parties ont demandé que la présente entente, ainsi que toute annexe, avis ou documents y afférent, soient rédigés en anglais seulement.
IN WITNESS OF WHEREOF, BY CLICKING ON “I AGREE” the Parties hereto, through their duly authorised officers, have executed this Agreement.
LAW ENFORCEMENT GUIDE LINE
What is Secure Pack?
Secure Pack is a bundle of applications created by Secure Group Technologies EOOD d.b.a. Secure Group that provides encryption of the three major communication modes used by mobile phone users: Secure Email, Secure Chat, and Secure Voice.
Secure Email: Our email application enhances regular email functionality with an intuitive and easy to use iteration of the open source technology of PGP encryption. Any email encrypted by PGP is irretrievable by us or any other party. The body of the email is secure and so is any attachment. Our solution even disguises the file type of any attachment, by labelling all as ‘attachment.pgp’.
Secure Chat: Secure Chat offers secure communication over XMPP based chat servers. Our secure communication servers use the OTR protocol to ensure that conversations are entirely private, eliminating even the meta-data that is typical of many email encryption solutions. Unlike other secure chat programs, no data is stored on our servers, not even messages waiting to be delivered. Rather than storing chat messages on the server until the recipient is online, the messages are held on the device until the recipient is available.
Secure Voice: As with Secure Chat, Secure Voice does not store any data on our servers, meaning that nothing can be retrieved in transit by a third party, without by-passing the encryption technology for voice communication, ZRTP. ZRTP is a truly peer-to-peer service; ensuring conversations are protected against man-in-the-middle attacks. We cannot divulge any conversation conducted over our ZRTP servers, not even who made a call, as no data is kept on our servers whatsoever, beyond the user names of those who use our service.
We are committed to operate in an environment of complete transparency and to cooperating with law enforcement while respecting each individual’s right to privacy.
Requests for user information
Requests for user account information from Bulgarian law enforcement should be directed to Secure Group at:
Attention: Secure Group Technologies EOOD d.b.a. Secure Group att: Legal Notices
130 Simeonovsko Shosse Blvd.,
Sofia 1700, Bulgaria
We will respond to valid legal process issued in compliance with Bulgarian law.
Private Information Requires a Subpoena or Court Order
Non-public information about Secure Group Technologies EOOD’s user accounts will not be released to law enforcement except in response to appropriate legal process such as a subpoena, court order, or other valid legal process.
Contents of Communications Are Not Available
Requests for the contents of communications require a valid search warrant from an agency with proper jurisdiction over Secure Group Technologies EOOD. However, our response to such a request will reflect that either the content is not available or that, in very limited instances where a message has not yet been retrieved by the recipient, the content will be limited to scrambled data which is indecipherable.
Will Secure Group Notify Users of Requests for Account Information?
We will notify users of requests for their account information prior to disclosure including providing user with a copy of the request, unless we are prohibited by law from doing so.
What Information Can Secure Group Supply You With?
Secure Group Technologies EOOD has the following information about User Accounts:
- Date an account was created
- Name provided by purchaser and method of billing used (if purchased on behalf of an organization, only the purchaser will have a name associated)
- username selected
- Type of device on which such account was installed
- Date of last use
What Must Be Included in Account Information Requests?
When requesting user account information, you must include ALL of the following:
- User name (Secure Group username) for account being investigated
- A valid official email address
- Law enforcement letterhead
- Description of account information being sought
Service of Process
We do not accept legal process via email unless otherwise ordered by a court of competent jurisdiction.
However law enforcement authorities may notify us of upcoming mail delivery and what to look for to expedite matters.
Production of Records and Authentication
We provide responsive records in electronic format unless otherwise ordered by a court of competent jurisdiction and believe that any records produced in response to a valid law enforcement request are self-authenticating. If you require a declaration, please explicitly note that in your request.