Mobile App Terms & Conditions
CRITICAL PASS CLOUD TERMS OF SERVICE
Welcome to Critical Pass Cloud!
Your use of the Critical Pass Cloud service (the "Service") is governed by this legal agreement (the "Terms"). The Service is provided by Critical Pass, located at PO Box 13189, Oakland, CA 94661, USA.
By using the Service, you are agreeing to these Terms. Please read them carefully.
The Service is available to you if you are 13 years of age or older. If you are 13 or older, but under the age of majority in your country of residence, you must review this agreement with your parent or guardian to make sure that you and your parent or guardian understand it. You may use the Service only if you can form a binding contract with Critical Pass and are not barred under any applicable laws from doing so.
Using our Service
You must follow any policies made available to you within the Service. You agree to use the Service only for purposes as permitted by these Terms.
In order to use the Service, you need to establish an Account. You are solely responsible for the security and confidentiality of your password. You are also responsible for all activities or actions exercised by your Account, and you should immediately notify Critical Pass if you learn of any unauthorized use of your Account. Please note that we may delete accounts (and all associated Content) that haven't been used for an extended period of time.
Using our Service does not give you any legal right, title, or interest in our Service or the Content you access. You may not assign (or grant a sub-license of) your rights to use the Service, or otherwise transfer any part of your rights to use the Service. The Service, including the software used to implement the Service, as well as the software provided to you as a part of the Service (the "Software"), are protected by copyright, trademark, applicable intellectual property and other laws. These Terms do not grant you the right to use any trademarks, branding, or logos used in our Service. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms.
Don't misuse our Service. You agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). Also, you agree not to access the Service using a method other than the interface and instructions we provide. For example, you may not: a) reverse engineer, decompile or otherwise attempt to extract the source code of the software used to access the Service or protocols used in the Service, unless this is required by law; b) attempt to disable or circumvent any security mechanisms used by the Service; c) probe, scan, or test the vulnerability of any system or network; d) breach or otherwise circumvent any security or authentication measures; e) access, tamper with, or use non-public areas of the Service; f) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service; g) plant malware or otherwise use the Service to distribute malware; h) access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”). If your use of the Service or other behavior intentionally or unintentionally threatens our ability to provide the Service, we will take any reasonable steps to protect the Service, which may include suspension of your access to the Service.
We may provide you with notices regarding the Service, including changes to the Terms, by email, regular mail, or postings on the Website and/or Service.
Your Content in Our Service
All information to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such Content originated. All such information is referred to as the "Content."
You agree that you will not use the Service to upload, transmit, store, or otherwise make available any unlawful Content; engage in any copyright infringement or other intellectual copyright infringement; upload, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; and/or plan or engage in any illegal activity.
You retain full ownership for the Content you upload or otherwise submit to the Service. Critical Pass does not claim ownership or any intellectual property rights to any of it. We do, however, need certain limited rights in order to operate the Service: you grant Critical Pass (and those we work with) a worldwide, non-exclusive license to use, host, store, reproduce, modify, create derivative works, communicate, and distribute such Content, without any compensation or obligation to you. The rights you grant in this license are for the limited purpose of operating and improving our Service, and to develop new ones. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Service. We may remove any Content from our Service at our discretion.
In order to provide the Service and make your Content available, Critical Pass may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Critical Pass to take any such actions.
You are solely responsible for securing and backing up your Content. Critical Pass shall use reasonable skill and due care in providing the Service, but has no responsibility or liability for the deletion, corruption, or failure to store any Content maintained or transmitted through your use of the Service.
About Software in our Service
The Software which you use may from time to time automatically download and install updates from Critical Pass. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, or entirely new versions of the Software. You agree that Critical Pass may automatically deliver such updates to you as part of your use of the Service and you shall receive and install them as required.
Critical Pass gives you a personal, non-assignable, non-exclusive, limited license to use the Software provided to you by Critical Pass as part of the Service. The license is for the sole purpose of enabling you to use our Service in the manner permitted in these Terms. You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Service or Software, nor may you reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by law.
Modifying and Terminating our Service
We are constantly modifying and improving our Service over time. We may add or remove features or functionalities, and we may temporarily suspend or discontinue the Service altogether. We may, at any time, change or impose fees for your access and use of the Service.
You can stop using the Service at any time, although we would be sorry to see you go. Critical Pass may also stop providing the Service to you at any time, with or without cause, and with or without notice. For example, we may immediately suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others' use of the Service.
If we suspend or terminate the Service or your Account, we will try to give you reasonable advance notice and a chance to get information out of that Service. After a period of time, however, Critical Pass may permanently delete the Content that is associated with your Account.
Exclusion of Warranties
NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL EXCLUDE WARRANTIES WHICH MAY NOT BE LAWFULLY EXCLUDED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE".
CRITICAL PASS MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CRITICAL PASS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
Limitation of Liability
NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL LIMIT CRITICAL PASS'S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY LIMITED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRITICAL PASS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON CRITICAL PASS’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT CRITICAL PASS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree to hold harmless and indemnify Critical Pass, and its affiliates, employees or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Critical Pass will provide you with written notice of such claim, suit or action.
About these Terms
Please note that the Terms of Service may change from time to time. We will post notice of modifications on our website. In the case of substantial changes, we may, at our sole discretion, provide a prominent notice, e.g., using a dialog in the Critical Pass application, or by sending you an email with the updated Terms. You understand and agree that if you use the Service after the date on which the Terms have changed, Critical Pass will treat your use of the Service as acceptance of the updated Terms.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
These Terms control the relationship between you and Critical Pass, they don't create any third party beneficiary rights.
Upon any termination of the Service under Section “Modifying and Terminating our Service”, these Terms will also terminate, but Sections “Exclusion of Warranties”, “Limitation of Liability”, “Indemnity” , and “About these Terms” shall continue to be effective after these Terms are terminated.
This is the entire agreement between you and Critical Pass with respect to the Service and it supersedes and replaces any prior representations, discussions, undertakings, communications or advertising relating to the Service. If any part of this agreement is found invalid or unenforceable, the remaining portions will remain in full force and effect, and enforceable term will be substituted reflecting our intent as closely as possible.
This agreement will be governed by and construed in accordance with the substantive laws in force in California, USA. The respective courts of USA competent for Critical Pass's seat shall have jurisdiction over all disputes relating to this agreement; however Critical Pass may file legal actions as well at the seat of the Customer.
Collection and Use of Personal Information
Personal information is data that can be used to uniquely identify or contact a specific individual.
Here are some examples of personal information that we collect:
When you create a Critical Pass Cloud Account, we ask you for your email address.
When using Critical Pass Cloud to update your notes, we store the content of your notes, and we keep logs of the time and device you used to access the service.
When you subscribe to any of our newsletters or forums, we also ask for your email address; in some cases we may ask for additional information.
You may optionally provide personal information like your name when using certain parts of our website (e.g. when participating in our forums); in this case we permanently store and display this information to other visitors of the website.
When you contact Critical Pass, e.g. for a support request, we may keep a record of your communication.
We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our products and services.
Collection and Use of Non-Personal Information
Non-personal information is data that cannot be used to uniquely identify a specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. We may combine personal and non-personal information for certain purposes; this data will then be treated as personal information for as long as it remains combined. Conversely, aggregated information, i.e. data that might have originated from personal information, but that has been processed in such a way as to not allow personal identification, is treated as non-personal information.
Here are some examples of non-personal information that we collect – either by ourselves or through the use of third-party services:
When you visit our website, we keep logs of your Internet Protocol (IP) address, browser type and language, referring and exit pages, operating system and date/time stamp. Currently, we also use Google Analytics to collect and process this information; please refer to the section “Google Analytics” below.
When our Software crashes, we collect and store crash reports to help us analyze the crash and determine the source of the problem.
Our Software periodically checks our servers for important updates or notices; in this case, we also log the IP address, device type, language, operating system and the date and time of the request.
Our website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Cookies and other Technologies
Critical Pass uses “cookies” to collect information about your use of the website. Cookies are small text files a website can store on your hard drive. We use the information we collect in this manner to better understand our users’ interaction with our website and to optimize the user experience. You can disable cookies in your browser settings, but please note that certain features on our website may not be available as a result.
In our email communications, we may use other technologies like “pixel tags” and “click-through URLs” in order to determine if an email has been opened and which links have been clicked. This way, we can determine and improve the effectiveness of our communications. Pixel tags are small images shown inside an HTML email; you can disable tracking by disabling HTML in your email client. A link with a click-through URL, when clicked, first sends the user to a web server which records the click, and then to the link’s destination.
Access to Personal Information
When using our services or website, we aim to provide you with the means to view, edit, and remove your personal information. For example, you can request the deletion of your Critical Pass Cloud account and its associated email address by going into the settings in any of our applications. For other personal information, we make good faith efforts to provide you with access to your data so that you can request its correction or deletion. We will promptly process these requests, unless we are required to retain information by law or for legitimate business purposes. We may also decline requests if they would be extremely impractical, are unreasonably repetitive, require disproportionate technical effort, risk the privacy of others, or for which access is not required by law.
Disclosure to 3rd parties
We don’t share personal information with anyone outside of Critical Pass, except for the few exceptions below.
We work together with other companies who provide services to us, like hosting our website, providing our help desk software, sending out newsletters, analyzing our website traffic, hosting our cloud services, etc.. We only share personal information with these companies if it is necessary for them to provide their services. All companies we work with provide at least industry standard systems and processes to ensure the security and confidentiality of your information.
We also share personal information if disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations thereof; to detect, prevent, or otherwise address fraud or security issues; and to protect against harm to the rights, property or safety of Critical Pass, its users or the public as required or permitted by law.
If Critical Pass is involved in a reorganization, merger, or sale, the information we collect may be transferred as part of that transaction.
Protection of Personal Information
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
Whenever you connect to our Critical Pass Cloud service, we use Secure Sockets Layer (SSL) encryption for all information that is being transmitted. However, no method of transmitting or storing data is 100% secure, so we cannot guarantee the security of information you transmit to us.
Some parts of our website, such as our blog or forums, may allow you to post personal information, such as your name or email address. This information is publicly accessible and can be read, collected, and processed by anyone. So please take care when using these features.
Please note that some of our servers may be located outside of the European Union, as well as the servers of our partners (e.g. Google). If you use our services or website, you agree that your information is transmitted, stored, and processed in data centers outside the EU.
We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will promptly delete this information.
3rd Party Sites and Services