To proceed, you need to agree to the following Terms and Conditions:

Transcription

1 To proceed, you need to agree to the following Terms and Conditions: By clicking on the box below, you enter into a subscription agreement with Silent Circle for the services it provides (the Agreement ). Silent Circle wants you to understand what you get for your money and what we promise you. The pricing and subscription terms you have chosen are incorporated into this Agreement. If you are confused or have any questions about this agreement or would like to make suggestions about how we can improve or make this agreement easier to understand, please contact us via at info@silentcircle.com. The Agreement between us becomes effective at the time you click the box below and make payment. Now, here are the terms and conditions to which you and Silent Circle agree: Your Subscription Silent Circle, LLC ("Silent Circle ) has developed a suite of encrypted communications services. The services Silent Circle provides to you under this Agreement may include: 1) Silent Text, encrypted text messaging service; 2) Silent Phone, encrypted mobile video and voice service. For detailed information about the services, refer to You have a limited, non-exclusive and non-transferable subscription with the right to download and use the Silent Circle suite of applications and to use Silent Circle s encrypted communications services (the Services ). The Services referred to in this Agreement may include the Plan (if you are purchasing a Plan), which is described below. You may use the Services as long as you have paid the applicable fees. The fees are non-refundable, except as set forth later in this Agreement. Out-Circle Access When you purchase access to Silent Circle s Out-Circle Access you receive additional services over the term that is selected. Out-Circle Access is for individual use and you agree to not use it unreasonably. To ensure that all Out-Circle Access customers have access to reliable services provided at a reasonable cost, Out-Circle Access may not be used in a manner that interferes with another customers use or disproportionately impacts Silent Circle s network resources. Silent Circle s Out-Circle Access service is intended for individual use. We have determined that placing a high number of calls or repeatedly placing calls of unusually long duration relative to typical usage by other

2 customers suggests that a mobile phone or device is being used for other than individual use is in violation of this Agreement. So that you will understand what we look for, we have determined that in most cases, usage in excess of the lesser of 3000 minutes per month or 3 times typical usage by Out-Circle Access subscribers (as determined by us) is likely to be the result of unreasonable use. If we determine, at our sole discretion, that you are using the service in violation of this Agreement or in any other manner than we deem to be unreasonable or excessive, then we may terminate individual calls or terminate your service, decline to renew your Out-Circle Access or offer you a different subscription agreement. We will attempt to provide you with notice that we intend to take any of the above actions, but we cannot ensure that you will receive such notice, and we reserve the right to take any of the actions above even if you do not get notice. Prices are subject to change. Silent Circle cannot be responsible for any problems with your device, and its only obligation in the event of network interruptions is a pro rata refund of the purchase price upon termination by you. You can request a refund after the first 90-days of the purchase of the Services by sending us written notice of cancellation, and you will be refunded the balance of the purchase price on a pro rata basis, based on the number of days remaining on your plan. You consent to disclosure of any information about you (in most cases we will have little or no information) to any person, as required by law, if the device programmed with your number calls an emergency service number such as 911. This consent survives the termination of this Agreement or your use of the Plan services. Voice services under the Services are provided for live dialogue between two individuals and may not be used for monitoring services, data transmissions or other connections that do not consist of uninterrupted live dialogue between two individuals. Neither the Services nor your Silent Circle phone number may be used for pager or voic retrieval service. Out-Circle Access is available to your phone worldwide and can connect to phone numbers registered within the operating range of our system which is currently the United States, Canada and Puerto Rico. Service functionality may vary. Service is subject to transmission limitations, reduction in transmission speed, or interruption caused by weather, your equipment, terrain, obstructions such as trees or buildings, or other conditions. Service may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to system capacity limitations, system repairs or modifications, or in response to suspected fraud, abuse, misuse of the network, hacking or malicious viruses. Interruption may also result from violation of this Agreement. We may block access to certain categories of numbers (e.g. 976, 900

3 and certain international destinations) if, in our sole discretion, we are experiencing excessive billing, collection, fraud problems or other misuse of our network. Support In addition to the Services, you have the right to receive customer support for the Services from Silent Circle through our website and customer support team. The Silent Circle website has all of the details you will need to access Silent Circle s customer support. Some Other Rights And Limitations The Services contain encryption technology that is or may be specifically controlled for export by the United States government. As a result, you may not export, or otherwise transfer the Services to or into Cuba, Iraq, North Korea, Sudan or Syria or a resident of those countries or to any person on the Specially Designated Nationals List ( SDN ) maintained by the United States Treasury or the Table of Denial Orders or Entity List maintained by the United States Department of Commerce. The SDN can be found athttp:// The Denied Persons List can be found at You also may not, and you agree to not, knowingly export or transfer the Services to anyone outside of the United States without first obtaining a proper license and satisfying all requirements of International Traffic in Arms Regulations and the Export Administration Act. It is your responsibility to comply with foreign laws and regulations on encryption import, export or use. When you subscribe to the Services and download the applications, you are certifying to Silent Circle that you are eligible to receive products exported from the United States, without any restrictions. Any Silent Circle accounts which have not been used for six months or more may be suspended by Silent Circle. We will normally attempt to inform you before we suspend or terminate your access to the Services. An activation fee may be charged to reinstate your account. You have no ownership rights to your Silent Circle phone number or other identifier provisioned by Silent Circle and you agree that we reserve the right to change your phone number or other identifier at any time without prior notice to you. What We Promise Your Privacy We promise to do everything we can to protect the confidentiality of all your Silent

4 Circle transmissions and your customer information. We have employed encryption technology for our services, and we run them on custom-designed and custom-built platforms that we own. We own the servers, the software and the data. We promise that your communications to others within the Silent Circle (that is, member to member) cannot be decrypted by anyone other than those with whom you choose to communicate. Because we own our servers and have built our own platform, we also promise that there are no backdoors or other unauthorized means of access for anyone. Your communications are fully encrypted and we do not hold the keys, therefore, we have nothing for anyone who might attempt to access your communications. However, if you decide to do bad things with your Silent Circle services (e.g., commit a crime), there is a chance that law enforcement officials may come to us with a subpoena, and we will meet our obligations as required by applicable law. So, if you don t do bad things, we ll both be happier. We will do everything legally permissible within our power to protect the privacy of your communications and information. We promise to provide complete transparency if we are ever required to turn over information to law enforcement authorities by, amongst other things, maintaining a list updated every six months of any law enforcement demands for information, the nature of the information provided and the number of users affected. We also promise not to sell your information. We won t use your information or communications for marketing purposes and we won t provide it to anyone else for marketing. We won t sell your personal information or anything about your use of our services. Silent Circle is in business to provide you with groundbreaking encrypted communication services focused on security, simplicity and service, not to monetize your information. If you have any question, concerns or comments about the privacy of your communications and other information, or if you have thoughts about how we can do better, please send us an at info@silentcircle.com. Limited Warranty Silent Circle warrants that the Services will perform substantially as spelled out on our website and in any written materials provided by Silent Circle. Because we cannot foresee how you may be using our services or what might happen if there is a problem with the Services, Silent Circle s only obligation under this limited warranty is to use its best reasonable efforts to solve any problems you may encounter with the Services. If the Services do not perform as you expected, you have the right to terminate this

5 Agreement, as explained, and you will then be refunded any remaining subscription amount, per this Agreement. Your right to terminate and receive a refund is your only remedy should the Services not perform to your satisfaction or as described by Silent Circle. Silent Circle s Services may be dependent on your connection to a data or voice network and your Services may therefore cease to function, may experience latency or may not function properly if there is a power failure or other failure; state-sponsored or other entity s denial of the Services whether official or otherwise; or delay in the underlying data or voice network. SILENT CIRCLE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT SILENT CIRCLE S LIABILITY TO YOU IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO SILENT CIRCLE UNDER THIS AGREEMENT. SILENT CIRCLE IS NOT LIABLE TO YOU FOR ANY OTHER DAMAGES OF ANY KIND, INCLUDING CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES. Terminating This Agreement. You are pre-paying for a subscription period. If you have purchased a 365-day (12- month) subscription, you can terminate this Agreement at any time by providing us written notice of your intent to cancel. The effective date of your termination will be ten (10) days after we receive written notice of your termination of the Services with a minimum non-refundable charge of 90 days. If you terminate your Services before the expiration of the subscription period you have paid for, Silent Circle will refund to you the pro rata portion of any prepaid subscription fees that relate to the period following the effective date of the termination. The termination provisions of this paragraph do not include Rōnin Card subscriptions, which are non-refundable. The sale of a Rōnin Card and the Services associated with the Rōnin Card is final and not subject to a refund or return for any reason. This helps to maintain the privacy of the purchasers and recipients of Rōnin Cards. The Law Governing This Agreement Our customers are located all around the world, but we are a Delaware company, so to make things simple, this Agreement is governed by and enforced according to the laws of the State of Delaware notwithstanding any choice of law principles that might

6 otherwise apply. If you are a resident of Canada, then you are expressly requesting and agree that this Agreement will be drawn up in the English language. This Is Just Between You And Silent Circle, And This Is The Entire Agreement You can t assign this Agreement without our prior written consent. This Agreement can only be modified by another written agreement that you and Silent Circle both sign. This Agreement is the entire agreement between you and Silent Circle, and there are no other written or implied agreements between us. If for some reason any part of this Agreement is deemed to be void or unenforceable, the rest of the Agreement will remain in effect. Don t Read Too Much Into The Headings The headings used in this Agreement are an attempt at making things more clear (and sometimes an attempt at humor) so they can t be used to construe meaning or intent in any of the rest of the Agreement. How We Will Resolve Any Disputes We Might Have You and Silent Circle agree that we will all use our best efforts to amicably resolve any dispute relating to this Agreement. Any dispute that we can t resolve that way will be settled by final binding arbitration in accordance with the rules of JAMS, and judgment on the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction. Any arbitration will be held in Delaware, or some other place that we all agree to. Within fifteen (15) days after the arbitration is started, each party will select one person to act as arbitrator, and the two arbitrators so selected shall select a third arbitrator within ten (10) days of their appointment. Each party will bear its own costs and expenses and an equal share of the arbitrators expenses and the administrative fees of arbitration. If You Have Any Questions Or Need to Give Us Notice If you have any questions about your Agreement with Silent Circle or these terms and conditions, please contact us by at info@silentcircle.com or by telephone at Where written notice is required, you may the notice to info@silentcircle.com or send it by regular mail to: Silent Circle, 120 Waterfront Street, Suite 420, National Harbor, MD, 20745, attn: Customer Service.