Terms and Conditions of Use

Delivering ActiFend services needs attention to detail

Please read these terms of use carefully.

BY ACCESSING OR USING ACTIFEND PLUGINS AND/OR MOBILE APPLICATIONS, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE.

These Terms of Use apply to your access to, and use of, mobile application, online service or other digital asset of Digital Self Defense Infosec Pvt. Ltd. ("DSDInfosec" (collectively, the "Sites"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with DSDInfosec for products, services, or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify DSDInfosec for violations of these Terms of Use. These Terms of Use contain disclaimers and other provisions that limit our liability to you.

In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Sites, these Terms of Use will govern. However, if you navigate away from the Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site. While we make reasonable efforts to provide accurate and timely information about DSDInfosec on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about DSDInfosec.

DSDInfosec reserves the right to change or modify these Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the Sites.

Registration and User Account Information

In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify DSDInfosec if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

By acknowledging and agreeing to this Agreement, or by using the Sites, you consent to the transmission of User Information to DSDInfosec, including its agents and third¬party partners, and consent to DSDInfosec, including its agents and third¬party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Sites functionality and for the purposes disclosed in and consistent with the DSDInfosec Privacy Policy.

Specifically, for mobile applications, you are solely responsible for the confidentiality and security of User Information sent from or stored on the Apple® Device or Android Device by the application. You are also solely responsible for all transactions and activities undertaken by anyone or anything with any Credit / Debit Card or other payment mechanisms registered in your name, whether authorized or unauthorized. This includes any and all authorized or unauthorized purchases made using the Payment Gateways. DSDInfosec shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions or other activities related to the Sites.

Privacy

DSDInfosec is a privacy¬conscious organization – and hence incorporates Privacy By Design (PbD) principles in all its products and activities. Please read the DSDInfosec Privacy Policy carefully to understand how DSDInfosec collects, uses and discloses personally identifiable information from its users. These Terms of Use incorporate by reference the DSDInfosec Privacy Policy. Your access to, and use of, all or part of the Sites indicates your acceptance of this policy.

Site Disclaimer- No Warranties

THE MATERIALS AND INFORMATION ON THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS, INFORMATION AND SERVICES ON THE SITES ARE PROVIDED "AS IS" WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DSDInfosec DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON¬INFRINGEMENT AS TO THE SITES AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

Copyright and Limited License

Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the DSDInfosec logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the property of DSDInfosec or its licensors or users and are protected by Indian and international intellectual property laws.

You are granted a personal, non¬exclusive, non¬transferable, limited and revocable license to access and use the Sites and Site Materials for personal, informational, and shopping purposes only. Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its or their intended purpose. Any use of the Sites or Site Materials other than as specifically authorized herein, without the prior written permission of DSDInfosec, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use¬rights to, any intellectual property or other right and any goodwill associated therewith.

Intellectual Property Infringement Claims

DSDInfosec will promptly process and investigate notices of alleged infringement and will take appropriate actions. If you believe that your work has been copied in a way that constitutes copyright infringement, please write to DSDInfosec with a notice containing the following information:

  1. Your name, address, telephone number and email address.
  2. Identification of the copyrighted work or other intellectual property that you claim has been infringed;
  3. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  4. Identification of where the Content that you claim is infringing is located on the site (i.e., the complete URL of all content on the Sites you believe violates the copyrighted work)
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the above information in your notice is accurate and a statement, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Trademark Information

DSDInfosec and the DSDInfosec logo are trademarks of DSDInfosec.

Enforcement of Terms of Use

Enforcement of these Terms of Use is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms of Use.

DSDInfosec makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third¬party websites accessible via hyperlink or websites linking to the Sites. Such sites are not under the control of DSDInfosec and DSDInfosec is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. DSDInfosec and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by DSDInfosec of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites would then apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.

Third Party Content

DSDInfosec may provide third party content on the Sites and links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that DSDInfosec is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DSDInfosec AND ITS AFFILIATED COMPANIES AND SUBSIDIARIES, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM DSDInfosec, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE, ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DSDInfosec's RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DSDInfosec, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES. THE INAPPLICABILITY IN A JURISDICTION OF A CLAUSE OR LIMITATION CONTAINED HEREIN WILL NOT AFFECT THE APPLICABILITY OF ANY OTHER REMAINING UNAFFECTED CLAUSES.

Indemnification

You agree to defend, indemnify and hold harmless DSDInfosec, its affiliated companies and subsidiaries, service providers and consultants, and its or their respective officers, directors, employees, agents, shareholders, and subcontractors, from and against any costs, expenses, liabilities, losses, damages, suits, fines, penalties, claims, judgments, and demands of every kind or nature, including any reasonable attorney's fees, costs, and expenses, arising out of or related to (a) your use of the Sites; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites. DSDInfosec shall have control of any litigation or settlement negotiation arising out of Terms of Use or the subject matter thereof.

Modifications to the Sites

DSDInfosec reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that DSDInfosec will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

Governing Laws

Access to and use of the Sites and these Terms of Use are governed by Indian laws.

Claims Resolution

Most customer concerns can be resolved by calling our customer service department at the number listed on our website. In the event that customer service is unable to resolve a complaint to your satisfaction, you and we agree to resolve your complaint through binding arbitration instead of courts of general jurisdiction.

Neither you nor we will have the right to litigate any claim in court or have a jury trial on any claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim.

Termination

Notwithstanding any of these Terms of Use, DSDInfosec reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to, and use of, the Sites.

Severability

If any provision of these Terms of Use is held to be invalid or unenforceable under applicable law in any jurisdiction, the validity or enforceability of the remaining provisions thereof shall be unaffected and such holding shall not affect the validity or enforceability of such provision in any other jurisdiction. To the extent that any provision of these Terms of Use is held to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited.

Waiver

Any waiver by DSDInfosec of the provisions of these Terms of Use or its rights or remedies under the terms herein must be in writing to be effective. Failure or delay by DSDInfosec to enforce the provisions of these Terms of Use or its rights or remedies hereunder at any time will not be construed and will not be deemed to be a waiver of its rights under these Terms of Use and will not in any way affect the validity of the whole or any part of these Terms of Use or prejudice DSDInfosec' right to take subsequent action.

Successors and Assignment

These Terms of Use are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign, in whole or in part, these Terms of Use without DSDInfosec' written consent.

Incorporation of Related Terms

For Apple® Devices (iOS), these Terms incorporate and supplement the Apple, Inc. ("Apple") Terms and Conditions (currently available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Agreement therein ("Apple Terms"). For Android Devices, these Terms incorporate and supplement the Google Play Terms of Service (currently available at https://play.google.com/intl/en_us/about/play¬terms.html) ("Android Terms"). These Terms of Use, and all other terms or agreements expressly incorporated herein, constitute the entire agreement between you and DSDInfosec.

Notices

You consent to receive all communications including notices, agreements, disclosures, or other information from DSDInfosec electronically. DSDInfosec may provide all such communications by email, by or through the Sites, or through other electronic means.