Terms And Conditions
These are the terms on which SECUREMIX LLC, a company owned by Domotz Inc ("we" or "SecureMix" or “GlassWire”) enable you, the Subscriber ("you" or "Subscriber"), to access our integrated technology platform, as outlined in further detail in this Agreement, our website and the Documentation, which is available to Subscribers via the internet.
Please read these terms carefully before you download any GlassWire Software, use any GlassWire Services, or Service Licenses. These terms explain who we are, how we will provide the Services to you, what to do if there is a problem and other important information.
You are deemed to have accepted the terms of this Agreement and will have created a binding contract with GlassWire upon any of the following events: (a) download or installation of any GlassWire Services or related Software; (b) access to or use of any GlassWire Services or related Software; (c) payment for GlassWire Services or related Software,, Subscription, or Service Licenses; (d) entering into an order form for GlassWire Services or related Software, Subscription or Service Licenses; or (e) clicking an "accept" button or other similar acknowledgment indicating your acceptance of this Agreement. If you do not agree to be bound by this Agreement, you may not access or use the Services or any related. Please read through the entirety of this Agreement to review important provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, waivers, exclusive law and jurisdiction for resolution of disputes and other legal restrictions.
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity and each of its affiliates to these Terms. In that case, "you" and "your" will refer to that company or other legal entity and its affiliates.
Information About Us And Contact Details
The subscription services provided by GlassWire to you under this Agreement including the GlassWire website, cloud services, desktop, web and mobile applications and other services and functionality ("Services") are provided by SecureMix LLC, a company owned by Domotz Inc and incorporated in the State of Texas, USA. Our office are at 5900 Balcones Drive, Suite 100, Austin, TX, 78731, USA. You can contact us by emailing our customer service team at email@example.com. If we have to contact you, we will do so by telephone or by writing to you at the email address you provide to us in your order.
Our Agreement With You
You may use the Services only if you are 18 years or older and capable of forming a binding contract with GlassWire and are not barred from using the Services under applicable law.
It is a requirement of use of the GlassWire Services or Software that you accept these terms and conditions. Once you have created a GlassWire account and accepted these terms, you will be able to access our products and Services.
1.1 Capitalized words in this Contract have the following meaning:
"Agreement" = These terms and conditions, the online order form and any other documents incorporated by reference, such as the Privacy Policies which are available through the GlassWire website.
"Business Day" = a day other than a Saturday, Sunday or USA public holiday when banks are open for business.
“Business Hours” means 9:00 am to 5.00 pm CT (Central Time) on a Business Day.
"Documentation" = the official published service description and other documentation made available to Subscribers by GlassWire via the GlassWire website, which sets out a description of the Services and the user instructions for the Services.
"GlassWire Protect Agent" = the agent software which Subscribers can download onto a End User’s compatible device to enable the GlassWire Service. The GlassWire Protect Agent has a limited front end and is meant to be used in conjunction with the GlassWire Web Console.
"GlassWire App" = the mobile and desktop applications allowing Subscribers and End Users to enable and access the Services on a specific endpoint.
"GlassWire Web Console" = the website which GlassWire provides to make use of the Services, located at protect.GlassWire.com or such additional or replacement website as may be notified to Subscribers by GlassWire from time to time. The GlassWire Web Console interacts with the GlassWire Protect Agent or GlassWire App to provide remote visibility over all of the Subscriber’s endpoints.
"End Users" = Individual, also referred to as "data subjects", whose network or devices are monitored by Subscribers.
"Service Licenses" = Licenses purchased by Subscribers which may enable Subscribers to access and use the Services flexibly in accordance with this Agreement.
"Services" = the subscription services provided by GlassWire to Subscribers under this Agreement including the GlassWire website, cloud services, desktop, mobile and web applications and other services and functionality, and related Software made available as part of the Services as more particularly described in 2.1 below and in the Documentation.
"Software" = all software used by GlassWire and/or made available to Subscribers in connection with the provision of the Services, including the GlassWire Protect Agent, GlassWire Apps, GlassWire Web Console and the online software applications provided or made available by GlassWire as part of the Services.
"Subscriber" = all direct customers of the GlassWire Services who purchase a subscription "Subscription" = An active subscription sold by GlassWire to allows access and use of the Services in accordance with this Agreement.
"User Data" = the data and information input into or collected by the GlassWire Agent Software, the GlassWire App or generated in the course of using the Services;
"Virus" = any software, code, file or program which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
1.2 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
1.3 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
2.1 "GlassWire" is designed to provide full visibility and control over digital traffic generated or received by a user endpoint on a computer network. Specifically, GlassWire allows for logging of traffic counters and IP address for traffic destination or origin. For the avoidance of doubt, GlassWire does NOT inspect the data packets going through an endpoint, it just records the quantity of traffic and the IP destination of such traffic to/from the endpoint, in order to make a user aware of any abnormal or unwanted data patterns occurring on their machines. GlassWire also allows a user to block any data traffic. The Services are described in further detail in the Documentation (and as may be subsequently revised with written agreement from GlassWire).
2.2 Subscribers are permitted to use the Services provided that the Subscriber has activated a valid license. Different license plans allow for different functionality. Certain plans require the purchase of a Subscription plan for each device being monitored
2.3 With respect to the Services:
2.3.1 Users of GlassWire can upgrade their Subscription if additional functionality is required;
2.3.2 Subscriber shall provide GlassWire with accurate, complete and up-to-date information with regard to their account, and they should update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account.
2.3.3 Subscribers shall keep a secure password for their use of the Services and each Subscriber shall keep his password confidential. Subscribers agree not to disclose their Account password to anyone and to notify GlassWire immediately of any unauthorized use of their Account.
2.3.4 Rights granted to Subscribers are non-exclusive. Subscribers obtain no preferential rights to specific territories, markets, customers, pricing or otherwise. GlassWire reserves the right to engage additional Subscribers.
2.4 Subscribers shall not access, store, distribute or transmit any Viruses, or any material, or otherwise use the Services in any manner that:
2.4.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
2.4.2 facilitates illegal activity;
2.4.3 depicts sexually explicit images;
2.4.4 promotes unlawful violence;
2.4.5 is discriminatory based on race, gender, color, religious belief, sexual orientation, disability; or
2.4.6 is otherwise illegal or causes damage or injury to any person or property; and GlassWire reserves the right, without liability or prejudice to its other rights to Subscribers, to disable Subscriber's or an individual End User's access to any material that breaches the provisions of this clause.
2.5 Subscribers shall not:
2.5.1 except to the extent expressly permitted under this Agreement or as may otherwise be allowed by any applicable law which is incapable of exclusion by Agreement between the parties:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to humanperceivable form all or any part of the Software; or
2.5.2 access all or any part of the Services and Documentation in order to build a product or service which competes with the Services; or
2.5.3 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documentation available to any third party except bona fide End Users of a Subscriber who have purchased Service Licenses as permitted under clause 2.2;
2.5.4 attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under this clause 2;or
2.5.5 attempt to obtain, access or derive in any fashion the underlying source code of the Software used in the Services, recognizing that this Agreement does not convey any rights to source code and that all such rights in and to the source code of the Software are reserved to GlassWire.
2.6 Subscribers shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorized access or use, promptly notify GlassWire. Subscribers are liable for all unauthorized access to or use of the Services and/or the Documentation that occurs through their account.
2.7 GlassWire may offer additional products, services or enhanced functionality for Subscribers or End Users to purchase in accordance with the terms of this Agreement ("Additional Services"). At the Subscriber's or End User's option, the parties may agree in writing for the provision of Additional Services during the term of this Agreement by completing a specified order form.
2.8 The fee for providing Additional Services under this Section will be agreed by the parties prior to the performance of such Additional Services.
3.1 GlassWire shall provide the Services to Subscribers on and subject to the terms of this Agreement.
3.2 GlassWire generally intends to use commercially reasonable efforts to make the Services available 24 hours a day, seven days a week, except for:
3.2.1 planned maintenance carried out during the maintenance window (to be reasonably advised via GlassWire' website or software application from time to time); and
3.2.2 temporary suspension without notice, for security reasons, systems failure, emergency maintenance and repair, events of force majeure or other circumstances that warrant suspension in the reasonable determination of GlassWire. Subscribers will not be entitled to any refund or rebate for such suspensions, and GlassWire does not guarantee any specific level or availability or that the Services will be free from interruptions.
3.3 GlassWire will, as part of the Services, provide Subscribers with GlassWire standard customer support services during Business Hours
3.4 Upon Subscribers' request, Subscribers may provide GlassWire with permission to remotely access their network or devices for the sole purpose of maintenance and support.
3.5 GlassWire may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the Software and Services ("Updates"). These may be automatically installed on some versions of GlassWire without any additional notice or consent from Subscribers or End Users. For other versions of GlassWire you may be required to install and download Updates. If you do not want such Updates, you may turn off the Auto-update functionality but doing so relieves GlassWire from any obligations detailed in paragraph 6 below, with regards to the continuous functioning of the Services. For the avoidance of doubt, you may be unable to access the Services if you do not allow Updates to be installed.
4 User Data
4.1 GlassWire enables an IT operator to monitor and control traffic behavior over one or a multitude of endpoints. If you use GlassWire for personal use, you are likely to be both the Subscriber and the End User. If you use GlassWire in a commercial environment, the Subscriber, typically an IT professional or a system administrator, monitors a number of endpoints associated with many End Users.
4.2 GlassWire has a contractual relationship with the Subscriber but does NOT have a direct contractual relationship with the End User. GlassWire acts as a data processor on behalf of the Subscriber who retains ownership and control of the User Data.
4.3 Subscribers shall own all right, title and interest in and to all of their User Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality thereof.
4.4 By entering into this Agreement, Subscribers are deemed to have read and accepted the terms of GlassWire's Privacy Policies, which are expressly incorporated herein by reference and contain important information including but not limited to:
4.4.1 the type of information GlassWire collects;
4.4.2 how GlassWire uses such information;
4.4.3 the circumstances in which GlassWire shares Subscriber information with third parties;
4.4.4 how GlassWire products and services interact with third parties; and
4.4.5 how Subscriber information is stored and protected.
4.5 GlassWire shall follow its storage and archiving procedures for User Data as set out in its Privacy Policies, as such document may be amended by GlassWire in its sole discretion from time to time. In the event of any loss or damage to User Data, the Subscriber's sole and exclusive remedy shall be for GlassWire to use reasonable commercial endeavors to restore the lost or damaged User Data from the latest back-up of such data maintained by GlassWire in accordance with the archiving procedure described in its Privacy Policies. GlassWire shall not be responsible for any loss, destruction, alteration or disclosure of User Data caused by any third party.
5 Glasswire Protect Agent And Glasswire Apps
5.1 In order to make use of the Services, Subscribers will require certain software and/or applications as set out in this clause.
5.2 In order for the GlassWire Services to work, a GlassWire Protect Agent or the GlassWire App must be installed in the End User's hardware. The related software is available via direct download from the GlassWire website on in the relevant app stores such as Apple Store or Google Play. GlassWire grants to Subscribers a nontransferable, non-exclusive, temporary license to install, use and operate the GlassWire Protect Agent and the GlassWire App in accordance with this Agreement.
5.3 The use of the GlassWire Protect Agent and/or GlassWire App may be subject to additional terms and conditions imposed by third parties and/or open source license terms which may be notified at the time of download (and which take precedence over this Agreement in relation to their use). Subscribers agree to comply with any such terms and acknowledge that use of GlassWire Software does not limit or curtail Subscribers' rights under the applicable open source license terms. A list of the open source licenses relevant to users of the Services is available on the GlassWire website.
6 Glasswire's Obligations
6.1 GlassWire undertakes that the Services will be performed using commercially reasonable efforts substantially in accordance with the Documentation.
6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to GlassWire's instructions, or modification or alteration of the Services by any party other than GlassWire or GlassWire' duly authorized contractors or agents. Notwithstanding the above, GlassWire:
6.2.1 does not warrant that Subscribers' use of the Services or Software will be uninterrupted or error-free, or that the Services, Software, Documentation and/or the information obtained by Subscribers through the Services or Software will meet Subscribers' requirements; and
6.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, or any other elements provided by or controlled by third parties and Subscribers acknowledge that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities or other third party elements.
6.3 This Agreement shall not prevent GlassWire from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement.
6.4 GlassWire will use commercially reasonable efforts to maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under this Agreement.
7 Subscriber Obligations
7.1 Subscribers shall:
7.1.1 provide GlassWire with all necessary co-operation in relation to this Agreement and all necessary access to such information as may be required by GlassWire in order to provide the Services, including but not limited to User Data, security access and configuration information;
7.1.2 comply with all applicable laws and regulations with respect to its activities under this Agreement;
7.1.3 ensure that they use the Services, Software and Documentation in accordance with the terms and conditions of this Agreement and remain responsible for any breach of this Agreement;
7.1.4 ensure that its network, devices and systems comply with the relevant specifications provided by GlassWire from time to time where required for use of the Services; and
7.1.5 be solely responsible for procuring and maintaining its network connections and telecommunications links, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Subscribers' network connections or telecommunications links or caused by the internet.
8 Charges And Payment
8.1 To access the Services, Subscribers must activate a license. Certain license plans require the purchase of a Subscription or a sufficient number of Service Licenses via the GlassWire website or authorized third-party vendor. All relevant information concerning price, duration, activation and other matters relating to use of the Service Licenses or Subscriptions is provided on the website and may change from time to time. Once your purchase is complete, you will receive an email from us confirming your purchase.
8.3 All amounts and fees stated or referred to in this Agreement:
8.3.1 shall be payable in the applicable currency specified on the online order form;
8.3.2 cancellations and refunds are subject to a 14 day money-back guarantee and subsequently at the sole discretion of GlassWire;
8.3.3 are exclusive of value added tax or other sales or use taxes, which Subscribers agree to pay at the appropriate rate.
8.4 GlassWire shall be entitled to vary the fees for Service Licenses and other charges at any time. Such price changes will not affect existing Service Licenses already purchased.
9 Proprietary Rights
9.1 You acknowledge and agree that GlassWire and/or its licensors own all intellectual property rights in the Software, the Services and the Documentation. Except as expressly stated herein, this Agreement does not grant Subscribers any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Software, the Services or the Documentation.
9.2 Subscriber is granted a limited, revocable, non-transferable license during the term of its subscription to use the GlassWire brand and trademark and use of the phrase "powered by GlassWire" in the marketing of services to End Users provided such use complies with any branding guidelines available at the GlassWire website. GlassWire reserves all other rights in its brand, trademarks and other intellectual property. Subscribers acknowledge and agree that they will not, at any time, whether during or after termination of this Agreement:
9.2.1 adopt or use any trademarks, symbol or device which incorporates or is confusingly similar to the GlassWire trademarks;
9.2.2 apply anywhere in the world to register any trademarks identical to or resembling the GlassWire trademarks so as to be likely to deceive or cause confusion;
9.2.3 use the GlassWire trademarks as part of any corporate, business or trading name or style of the Subscriber; or
9.2.4 register any domain name anywhere in the world which incorporates or is similar to any GlassWire trademarks.
9.3 Subscribers acknowledge that GlassWire trademarks are the property of GlassWire and that Subscribers do not have any right, title or interest in or to GlassWire trademarks and that any goodwill arising out of Subscribers' use of GlassWire trademarks shall accrue to the benefit of GlassWire. Insofar as any goodwill or other rights may have accrued to a Subscriber by reason of the use of GlassWire trademarks by a Subscriber and/or by the Subscriber being connected with GlassWire trademarks in the course of trade, a Subscribers shall hold all such goodwill and other rights on trust for GlassWire and shall, if requested by GlassWire, execute such assignments of such goodwill and other rights to GlassWire (or its nominee) as GlassWire may direct.
10.1 Subscribers shall defend, indemnify and hold harmless GlassWire, its affiliates and their respective officers, directors, employees, contractors, agents and customers against any claims, actions, proceedings, losses, damages, expenses and costs (including, without limitation, court costs and reasonable legal fees, and any claims) arising out of or in connection with Subscribers' use of the Services, Software or Documentation (other than those which arise from a breach of this Agreement by GlassWire), provided that:
10.1.1 Subscribers are given prompt notice of any such claim;
10.1.2 GlassWire provides reasonable co-operation to Subscribers in the defense and settlement of such claim, at the Subscriber's expense; and
10.1.3 Subscribers are given sole authority to defend or settle the claim.
10.2 GlassWire shall defend Subscribers, their officers, directors and employees against any claim to the extent that the Services or Documentation infringes any United States patent and shall indemnify Subscribers for any amounts finally awarded against them in a nonappealable judgment by a court of competent jurisdiction, provided that:
10.2.1 GlassWire is given prompt notice of any such claim;
10.2.2 Subscribers provide reasonable co-operation to GlassWire in the defense and settlement of such claim, at GlassWire's expense; and
10.2.3 GlassWire is given sole authority to defend or settle the claim.
10.3 In the defense or settlement of any claim, GlassWire may procure the right for Subscribers to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, terminate this Agreement without further liability.
10.4 In no event shall GlassWire, its employees, agents and sub-contractors be liable to Subscribers to the extent that the alleged infringement is based on:
10.4.1 a modification of the Services or Documentation by anyone other than GlassWire; or
10.4.2 use of the Services or Documentation in a manner contrary to the instructions given by GlassWire; or
10.4.3 use of the Services or Documentation after notice of the alleged or actual infringement from GlassWire or any appropriate authority.
10.5 The foregoing and clause 11.1.2 state the sole and exclusive rights and remedies of Subscribers and GlassWire (including GlassWire's employees', agents' and sub-contractors') entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.
11 Limitation Of Liability ; Disclaimer
11.1 This clause sets out the entire liability of GlassWire (including any liability for the acts or omissions of its employees, agents and sub-contractors) to Subscribers.
11.1.1 IN NO EVENT SHALL GLASSWIRE, ITS AFFILIATES, CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, "GLASSWIRE PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR ANTICIPATED PROFITS, ECONOMIC LOSSES, LOSS OF OR DAMAGE TO DATA, AND LOSS OF GOODWILL, EVEN IF ANY OF THE GLASSWIRE PARTIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR ANY REASON AND SHALL REMAIN IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF ANY REMEDY HEREIN.
11.1.2 IN NO EVENT SHALL THE GLASSWIRE PARTIES' LIABILITY, IN THE AGGREGATE FOR ANY DAMAGES TO SUBSCRIBER OR ANY OTHER PARTY EXCEED THE SUBSCRIPTION FEES PAID TO GLASSWIRE BY SUBSCRIBER FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PRODUCTS LIABILITY, EQUITY OR OTHERWISE.
11.1.3 IN THE EVENT THAT SUBSCRIBER SEEKS TO ASSERT A CLAIM AGAINST ANY OF THE GLASSWIRE PARTIES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, SUBSCRIBER SHALL BRING THE CLAIM WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM OTHERWISE THE CLAIM SHALL BE DEEMED WAIVED AND BARRED FOREVER.
11.2 Except as expressly and specifically provided in this Agreement:
11.2.1 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and
11.2.2 the Services and the Documentation are provided to you on an "as is" basis.
11.2.3 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, GLASSWIRE MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT OR TITLE) WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, OR SERVICES PROVIDED HEREUNDER, OR ANY MODIFICATION, REVISIONS, OR DERIVATIVE WORKS OF THE SOFTWARE, DOCUMENTATION OR SERVICES. GLASSWIRE DOES NOT WARRANT THAT THE SOFTWARE, DOCUMENTATION OR SERVICES WILL BE ERROR-FREE.
11.3 Nothing in this Agreement excludes the liability of GlassWire that is prohibited by applicable law from being disclaimed.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time from your profile area of the GlassWire portal, or by emailing us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
13 Force Majeure
GlassWire shall have no liability to Subscribers under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of GlassWire or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, acts of third parties, provided that Subscribers are notified of such an event and its expected duration.
If there is an inconsistency between any of the provisions in the main body of this Agreement and the Documentation, the provisions in the main body of this Agreement shall prevail.
15 Changes To These Terms
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17 Rights And Remedies
Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
18.1 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
18.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
19 Entire Agreement
19.1 This Agreement, and any documents referred to in it, constitute the whole Agreement between the parties and supersede any previous arrangement, understanding or Agreement between them relating to the subject matter they cover.
19.2 The parties acknowledges and agree that in entering into this Agreement, neither rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
20.1 Subscribers shall not, without the prior written consent of GlassWire, whether by operation of law or otherwise assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
20.2 GlassWire may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
21 No Partnership Or Agency
Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power). Furthermore, nothing in this Agreement creates or establishes a dealership or franchise relationship between the parties. Subscriber expressly waives any dealership or franchise rights and agrees not to assert dealership or franchise relationship exists.
22 Third Party Rights
This Agreement does not confer any rights on any person or party (other than the parties to this Agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
23.1 Any notice required to be given under this Agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in this Agreement, or such other address as may have been notified by that party for such purposes, or sent by fax or e-mail to the other party's fax number or email address as set out in this Agreement.
23.2 A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9.00 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender). [An e-mail will be deemed to have been received in real time.]
24 Governing Law
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, USA. The parties expressly disclaim application of the United Nations Convention on the International Sale of Goods.
25 Exclusive Jurisdiction ; Costs
Each party irrevocably agrees that the state or federal courts located in the State of Texas, USA shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims). Each party waives all defenses to this exclusive jurisdiction including, without limitation, defenses of forum nonconveniens. In connection with any judicial proceedings relating to or arising from any disputes under this Agreement, GlassWire shall be entitled to recovery of its reasonable costs and expenses (including without limitation attorneys' fees and costs) incurred with respect to those claims upon which it prevails. Prior to pursuing judicial action, Subscriber agrees to notify GlassWire of the claim in writing with sufficient detail and attempt to resolve the claim informally through good faith discussions for a period of sixty (60) days in an effort to avoid judicial action. Each party waives the right to a trial by jury.
26 Electronic Communications & Notices
GlassWire may communicate with you by means of electronic communications, including (i) sending electronic mail to the email address you provided during registration or (ii) posting notices or communications through the Services. You agree that GlassWire may communicate with you by means of electronic communications concerning this Agreement (including revisions or amendments), notices or disclosures regarding the Services, invoicing and payment and any other matter relating to this Agreement. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when GlassWire sends the electronic communication to the email address you provided at the time of registration or as appropriately revised by you thereafter, or when GlassWire posts the electronic communication through the Services. For those communications or records that GlassWire is otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (1) you may contact us to request another electronic copy of the electronic communication without a fee; (2) you may request a paper copy of such an electronic communication, and GlassWire reserves the right to charge a fee to provide such paper copy; (3) you may contact GlassWire to update your registration information used for electronic communications or to withdraw consent to receive electronic communications. Notwithstanding the foregoing, statements, notices and other communications to you may be made by mail, email, postings or other reasonable means. Notice to GlassWire may be made by mail to: email@example.com
27 Electronic Contracting
Through your downloading, installation of, use of, or payment for the Services or other act of assent, you acknowledge that you have read and accept this Agreement and that this Agreement is a legally binding contract between you and GlassWire. You agree that this means of contracting is acceptable and is as enforceable as a written paper agreement signed by the parties hereto. If you are entering into the Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement. If you do not have such authority or do not agree with the terms of this Agreement, then you must not accept this Agreement and may not use the Services, Software or Documentation.
28 Use Of Subscriber's Name
Subscriber hereby agrees that GlassWire may list Subscriber as an existing or prior Subscriber of GlassWire' in literature and publications distributed by or on behalf of GlassWire without written permission from Subscriber.
29 Export Compliance
Subscriber acknowledges that the Software and all related technical information, documents and materials are subject to export controls under the U.S. Export Administration Regulations. Subscriber covenants and agrees to comply with all import and export control regulations of the United States with respect to the Software. Without limiting the foregoing, Subscriber acknowledges that it may not re-export or divert the Software or any related technical information, document or material, or direct derivatives thereof, to any country set forth on the U.S. Department of Commerce's list of T-7 countries, including any future changes to the government's list of T-7 countries.
30 Third Party Software
To the extent the Software contains any third party software code, such third party software may be subject to additional third party terms and conditions which shall control and govern Subscriber's use of the third party software. GlassWire makes no representation or warranty regarding third party software and assumes no liability for any claims arising from third party software, all of which claims Subscriber hereby waives and agrees not to pursue against GlassWire.