These terms of service (“Terms”) cover your use and access to our services, software and website (collectively referred to as ”Services”). The Services are provided by Tefincom S.A. (“we,” “us,” “our,” or “NordLocker”). By visiting our website, installing and / or using the Services, you acknowledge that you have read the Terms, understand them and agree to be bound by these Terms.

Please note that the Terms constitute a binding legal agreement between you and NordLocker. If you do not agree to these Terms or any provisions hereof, please do not install and do not use our software, our mobile application and/or any of our products or services. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.

NordLocker may modify the Terms from time to time. We will post a notice on our website any time these Terms have been amended or updated substantially. The amendment of Terms may also be communicated to you by sending an email. The Terms are binding from the time that they are updated on our website. It is your responsibility to check and read current Terms periodically.

If you have questions or concerns regarding these Terms, please contact us at [email protected].

Our services

NordLocker encrypts your files to protect them from hacking, snooping, data breaches, or other cyber threats out there. Files can only be accessed with your master password. No prying eyes.

In order to use our Services, you must set up an account. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer on which your account resides or is accessible.

Your use of the Services is at your own risk. The Services may be modified, updated, interrupted or suspended at any time without notice or liability. We do not bear any liability for any harm or other adverse consequences to you, caused by this. NordLocker, its owners, employees, agents and others that are involved with the Services are not in any way or form liable for any harm of any kind executed or not executed, resulting from or arising through or from the use of any account registered with Services.

NordLocker guarantees a 99.9% service uptime. In any event, NordLocker shall not be liable for any loss, monetary or non-monetary harm beyond what the client paid to NordLocker, and this shall not include attorney fees or court costs irrespective of any laws or statutes that prescribe otherwise.

NordLocker collects and processes very limited user data. Further information about user data processing is provided in the Privacy Policy.

License conditions

Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, license to: (1) download and use a copy of the NordLocker software; and (2) use the Services, including, without limitation, the products and services made available on or through the NordLocker software or our website. No other right or license of any kind is granted to you hereunder with respect to the Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.

The Services, including, but not limited to, the NordLocker software, mobile application and all other items, are owned and copyrighted by NordLocker, and are protected worldwide. We retain all right, title and interest in and to the Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Services. All rights are reserved unless otherwise noted.

Payments

The NordLocker app for any platform or operating system supported by NordLocker can be downloaded free of charge. NordLocker provides the Services for free (Free version) and on a payment basis (Premium version). Please note that Free version of NordLocker has limited functionality – it allows users to only view encrypted files.

Premium version users enjoying the full functionality of Services will be able to encrypt new files and share them with other users. Premium NordLocker Services are subscribed on a service period basis. You choose the service period and the payment method yourself when you sign up for the Services. Your service will automatically be renewed, and your chosen payment method will be charged at the end of each service period, repeating the length of the previous service period, unless you decide to cancel your subscription for the Services.

Refund policy

If you wish to claim a refund, you can do so within 30 days following your purchase of NordLocker Service. We seek your full satisfaction with our services. However, we would like to troubleshoot an issue you experience first. There are common service configuration issues that may hinder the Service for you and we resolve most of user issues encountered.

Subscriptions purchased via the iTunes/App Store are subject to iTunes/App Store refund policies. This means we cannot grant refunds if you purchased an app through iTunes/App Store – you will have to contact store support for that. Payments made using prepaid cards or gift cards will not be refunded. For payments made in cryptocurrency, the equivalent amount in US Dollars will be refunded in the same cryptocurrency (based on the rate of exchange at the moment of refund).

You have a right to cancel your account at any time. You can cancel a recurring subscription from your website profile, iTunes/App Store or Google Play Store. Cancelled accounts will not be refunded for the unused part of the ongoing service period.

NordLocker reserves the right to suspend or refuse service to anyone at any time for any reason. No refunds will be considered for accounts terminated for violation of these Terms.

Minors

NordLocker is not directed to minors, and any use by minors should only be done with the guidance, supervision and consent of their parents or guardians. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy.

Consistent with applicable law, NordLocker does not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent, we will promptly delete it.

Prohibited and restricted uses

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the Services to any users who infringe any applicable laws or these Terms.

You agree that You shall not:

• violate, infringe, or misappropriate other people's intellectual property, privacy or other legal rights;
• share anything that is illegal, abusive, harassing, or otherwise objectionable;
• transmit any viruses or other computer instructions or technological means that disrupt, damage, or interfere with the use of computers or related systems;
• attempt to circumvent any technological measure implemented by NordLocker;
• interfere with or disrupt the integrity or performance of the Service;
• take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
• sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;
• build a product using similar ideas, features, functions or graphics of the Service or copy any ideas, features, functions or graphics of the Services;
• represent that you are the representative or agent of any of the NordLocker Services, including any of its functionality;
• violate general ethic or moral norms, good customs and fair conduct norms;
• use the Services for anything other than lawful purposes;
• to use the Services for any military purpose, including cyber warfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
• to otherwise infringe or circumvent these Terms.

We reserve the right to refuse service, suspend accounts or limit access to the Services in our sole discretion. Such suspension or access limitation may be implemented by NordLocker instantly and without any indication, notice or refund. We may suspend your account for clarification, investigation or request you to explain your actions and provide additional information. If your account has been suspended, you must contact us for further information. We may suspend your user account for a reasonable period of time before we terminate a user account permanently.

You access and use the Services in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.

We are under no obligation to enforce the Terms against you. We encourage you to let us know about the violation of these Terms by any NordLocker users; however, in case of such violations we may take appropriate action at our sole discretion.

Disclaimer of warranties

Reasonable efforts are taken to improve the accuracy and integrity of the Services, but we are not responsible for downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the Services, or any functionality comprising a part of the Services at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited service by NordLocker. We do not warrant and will not have any liability or responsibility for your use of the Services or other products or services we provide. We may also impose limits on the use of or access to the Services, for any reason and without notice or liability. Our website, products and services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

THE SERVICES (INCLUDING, WITHOUT LIMITATION, OUR SOFTWARE, MOBILE APPLICATIONS, SERVICES AND WEBSITE) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE NORDLOCKER SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE NORDLOCKER SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.

We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond our reasonable control, including, without limitation, failures of your telecommunication or internet service providers, Force Majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

Limitation of liability

There are inherent risks in relying upon, using, transmitting or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using the NordLocker Services.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER NORDLOCKER NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR THE LOSS OF DATA AND ITS RECOVERY NORDLOCKER IS NOT LIABLE IF SUCH LOSS WOULD HAVE BEEN AVOIDABLE BY REASONABLE DATA BACKUP MEASURES. IN ANY CASE THE LIABILITY OF NORDLOCKER SHALL NOT EXCEED WHAT THE CLIENT PAID TO NORDLOCKER AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE. IN CASE THE CLIENT USED A FREE VERSION OF NORDLOCKER SERVICES, NORDLOCKER SHALL ONLY BE LIABLE FOR DELIBERATE AND FRAUDULENT ACTIONS.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless NordLocker, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the NordLocker Services, or any of your other acts or omissions.

Electronic communications

You consent to receive communications from us electronically, e.g. by email, application messages, etc. We will communicate with you through the email that you provide. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.

Use of NordLocker account and passwords

If you forget or lose your password, you lose access to your files. Due to the encrypted nature of the Service, you acknowledge that NordLocker has no ability or obligation to recover your data if you misplace your password.

You are responsible for maintaining the confidentiality of your NordLocker account username and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, username or password, as the case may be.

Third party software

NordLocker may from time to time include as part of the Service computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We provide information about some of this third party software here. NordLocker expressly disclaims any warranty or other assurance to you regarding such third party software.

Class action waiver

Where permitted under the applicable law, class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Unless both you and NordLocker agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Miscellaneous

We reserve the right to modify and update these Terms at our sole discretion, at any time, for any or no reason, and without liability, as indicated below. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the NordLocker website.

We also reserve the right to modify, update, or suspend the operation of the Services at our sole discretion, at any time, for any or no reason, and without notice or liability.

All users of the Services are obliged to ensure that they are familiar with the most current wording of the Terms. The change of the Terms may be communicated to you by publishing the updated Terms on NordLocker website, where the date of the most current wording of the Terms is indicated at the bottom of the web page. Since you agree to be bound by these Terms each time you use the Services, please consider reviewing the Terms each time you use the Services. Each update of the Terms comes into force as of the moment when it is published on this web page. You understand and agree that any continued use and access to the Services after any updates to these Terms are published, means that you voluntarily agree to be bound by the updated Terms.

The Terms constitute an agreement between you and us regarding the use of the NordLocker Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

You may not assign or transfer your rights or obligations under these Terms to any third party.

These Terms shall be governed in all respects by the substantive laws of the Republic of Panama, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located in Panama City, Republic of Panama, will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to these Terms or the Services.

If you have questions or concerns regarding these Terms, please contact us at [email protected].

Last updated: July 4, 2019