Terms of Use

February 26th 2019 - Version 1

Skotty is a web application.

Skotty facilitates secure emailing and sharing of files. With Skotty, you can send encrypted emails and files to all your email contacts, regardless of whether they use Skotty or not. All emails and shared files are secured with advanced end-to-end encryption so that only the sender and recipient can access the content of messages sent via Skotty. Skotty has no access to the correspondence of its users.

These Terms of Use apply to every use you make of Skotty (our services and website) and describe our services and the conditions that apply to your use of Skotty.

Definitions

Capitalised terms are understood to mean the following:

"Services": all services that Skotty provides to you - whether or not through its website - including secure communication and file sharing through your Skotty Account;

"Terms of Use": these terms of use;

"Intellectual Property Rights" means all intellectual property rights and related rights, including but not limited to copyright, trademark, design, neighbouring and database rights, know-how and trade secrets;

"Login Details": your email address and password to access your Skotty Account;

"Recovery key": with the Recovery key you can access your messages and files in your Skotty Account if you have lost your login details;

"Skotty": the private company Skotty established in Prinses Marijkestraat 90, (5571 GP) Bergeijk, registered in the Trade register of the Chamber of Commerce under number 66672643, the customer service of Skotty can be reached via hello@skotty.io.

"Skotty Account"; a personal profile created by you on Skotty that allows you - when you are logged in - to access your inbox and receive and send messages. You can also see which files have been downloaded and uploaded, which messages have been read by the recipient and which users have been added or removed.

General

  1. These Terms of Use apply to any use of the Services of Skotty (both paid and free), your Skotty Account and to the use of the Skotty website.
  2. Skotty explicitly rejects the applicability of any general terms and conditions that you use.

Skotty Account, Login Details and Services

  1. You need your own Skotty Account to use the Services. Through our website you can register your Skotty Account. When you create your Skotty Account, you enter your Login details. As the final step in the registration process of your Skotty Account, a unique Recovery key is generated.
  2. Your Skotty Account is personal and you are responsible for keeping your Login Details confidential. You are liable for any unauthorized use that may be made of and with your Login Details.
  3. Login Details: It is very important that you keep your Login Details, especially your password, in a secure place only accessible to you. Skotty only stores your Login Details in hash and salted form. This means that Skotty does not have any access to your Login Details and has no possibility of retrieving these for you. You can customize your Login Details yourself. However, please note that if you change your password without using your Recovery key, all existing messages and files in your Skotty Account will be deleted.
  4. Recovery key: when you create your Skotty Account, you will receive a Recovery key that will allow you to access your messages and files again and set a new password in case you lose or want to change your password. Skotty does not store this Recovery key and has no access to it. In case you lose your Recovery key there is no way for Skotty to recover your messages and files. As a Skotty user, you are responsible for keeping your Recovery key in a secure place only accessible to you.
  5. If you suspect or know that your Login Details or Recovery key is no longer secret or that your Skotty Account or our Services are being misused, it is important that you notify Skotty as soon as possible so that the necessary measures can be taken to prevent unauthorised access and misuse. Skotty is entitled in the event of a suspicion of misuse of your Skotty Account, without notification to you, to take measures, such as deleting your Skotty Account.
  6. Our Services consist of facilitating secure communication via the Skotty platform. Your correspondence can only be viewed by you through your Skotty Account. Skotty has no access to it. You determine which recipients you send messages to through your Skotty Account and you provide Skotty with the email address of these recipients so that Skotty can deliver your messages. You are responsible for obtaining any necessary consent from your recipients for the use of their name and email address by Skotty pursuant to the relevant privacy regulations. Skotty uses the email addresses of your recipients solely to facilitate your communication and to manage your address book. Skotty will never use the email addresses of your recipients to contact your recipients directly.
  7. You are solely responsible for your use of our Services, the information provided and the content of messages you send via the Skotty platform. You are responsible and liable for all actions you perform on the basis of or with our Services.

Maintenance

  1. Skotty makes every effort to make our website, Your Skotty Account and our Services continuously available to you.
  2. Skotty performs periodic maintenance on the website and Services. This may cause our website, your Skotty Account and our Services to be inaccessible at certain times. Skotty tries to carry out maintenance outside office hours (between 23:00-6:00 and in the weekends) as much as possible and to keep the duration of any interruption as limited as possible. Skotty will do its best to inform you as much as possible in advance by means of a message in your Skotty Account or by e-mail of planned maintenance. By accepting these Terms of Use, you acknowledge that there may be situations where the website, your Skotty Account or our Services will not be available due to maintenance (planned or unplanned) or other circumstances. Skotty is never liable for this.

Payment

  1. The prices for the Services are per Service listed on our website. The prices stated are exclusive of VAT and other government levies, unless otherwise indicated.
  2. Payment is made in the manner and within the term indicated on our website and/or in the ordering process of the relevant Service. Where payment by you involves the use of services of third parties, such as payment providers, you accept that the conditions of those third parties apply and that Skotty cannot accept any liability for (defects in) the execution by those third parties.
  3. If you have not paid Skotty the amount owed by you in full and irrevocably within a specified payment term, you will be in default immediately. This means that Skotty may use the means provided by law without first having to send you a reminder.
  4. Skotty may adjust its prices. Adjustments do not apply retroactively.

Liability

  1. Skotty does not accept any liability for damages resulting from the provision of the Services, to the extent permitted by mandatory law.
  2. Should Skotty be held liable towards you on the basis of mandatory law, Skotty will only be liable for direct damage you suffer as a result of a shortcoming of Skotty in the fulfilment of its obligations.
  3. Direct damage is understood to mean material damage to goods, reasonable costs incurred to prevent or limit direct damage, which could be expected as a result of the event on which the liability rests and reasonable costs incurred to determine the cause of the damage. Liability for consequential damage is excluded. Consequential damage is in any case understood to mean loss of turnover, missed savings, loss of profit, reduced goodwill, reputation damage, damage due to business interruption, losses, costs incurred to prevent or determine consequential damage, loss, exchange or damage to electronic data and/or damage due to delay in the transport of data traffic.
  4. 6.4. Skotty's total liability is always limited to an amount equal to the price you paid for the relevant Service and in any case never exceeding an amount of EUR 1.500, - (in words: fifteen hundred euros).
  5. 6.5. A condition for the existence of any right to compensation is always that you report the damage to Skotty in writing as soon as possible after it has arisen. Any claim for damages against Skotty expires 12 months after the claim arose.

Warranties and indemnities

  1. Skotty makes no warranties or representations to you, and makes no representations or warranties of any kind, with respect to the quality, safety, legality, integrity, accuracy and/or performance of the Services and our website, unless expressly provided otherwise in these Terms of Use.
  2. Skotty does not warrant that the messages you send and receive through your Skotty Account will reach you or your recipient correctly and on time. In particular, failures in Skotty's information systems, internet failures or your own spam settings may prevent messages from reaching you or your recipient (in time).
  3. You warrant that when using our Services, your Skotty Account and our website, you will always act in accordance with these Terms of Use. You further warrant that the information you provide when creating your Skotty Account is complete, current and accurate.
  4. If you violate these Terms of Use, Skotty may take immediate measures to temporarily or permanently disable your Skotty Account and thus your access to our Services. Skotty is not liable if you suffer damages as a result thereof.
  5. You warrant to Skotty that you are entitled to use the Services and that, if your Skotty Account is created by a legal person on your behalf you warrant that the legal person is authorised to do so and provide correct information on your behalf.
  6. You indemnify Skotty against all (possible) claims of third parties in connection with or resulting from your use of your Skotty Account, our Services and/or our website by compensating Skotty for all damage and costs resulting from this.

Intellectual Property Rights

  1. All Intellectual Property Rights relating to our Services, the Skotty platform and our website belong exclusively to Skotty. No Intellectual Property Rights will be transferred to you.
  2. Skotty only grants you the right to use our Services, your Skotty Account, the Skotty platform and our website in accordance with these Terms of Use. This right of use is strictly limited to your own use. You may not transfer the right of use to others or grant sublicenses to others unless Skotty has given you express written permission to do so. Your right of use is non-exclusive.
  3. You are not permitted to reverse engineer or use our Services, website or Skotty platform, whether or not in modified form and/or for any other purpose than permitted in these Terms of Use. Unless you have obtained explicit written permission from Skotty or certain uses are permitted by law.

Personal data

  1. Skotty processes your personal data in accordance with legal requirements and as explained in our Privacy Statement, available at https://skotty.io/privacy-policy. In addition, Skotty enters into a Processing Agreement with you for the processing of personal data that you provide to Skotty when you send messages to third parties with Skotty. Skotty processes such data exclusively in the context of the provision of the Services.

Duration, termination and consequences of termination

  1. Skotty offers free (basic) and paid subscriptions.
  2. Your Skotty Account is accessible and available as long as your subscription runs with Skotty.
  3. If you have paid for a subscription for one year, the subscription will always be renewed for the same period. After the first year, your subscription can be cancelled monthly. You can cancel your paid subscription by sending an email or message to Skotty Customer Service. If you cancel your paid subscription, your subscription will automatically be reset to the free subscription, you will then still be able to access your Skotty Account and your inbox of files and messages.
  4. When you end your free subscription, your Skotty Account including all details of your account, your inbox and all messages and files will be deleted immediately and irrevocably. Skotty has no backup of this data and cannot recover it for you. Skotty recommends that you download all messages that are important to you first and save them elsewhere before terminating your free subscription.
  5. In the event of dissolution of the agreement between you and Skotty, there will be no reversal of everything that Skotty has already delivered and/or done and your payment obligation, unless Skotty is in default with regard to that specific performance. Upon termination of the agreement for any reason, your right to use your Skotty Account and our Services will immediately expire and access to your Skotty Account will be immediately denied.

10. Changes to these Terms of Use

  1. Skotty may change these Terms of Use.
  2. When Skotty modifies these Terms of Use, you will receive a message via your Skotty Account. The most current version of these Terms of Use is always available on the Skotty website. By continuing to use your Skotty Account and our Services you agree to the applicability of the modified Terms of Use. If you do not wish to accept the modified Terms of Use, you will no longer be able to use our Services and you will be required to delete your Skotty Account. In such a case, you are not entitled to a (partial) refund of an already paid subscription, unless this would be unreasonable in the given circumstances.

Complaints and contact

  1. Skotty takes complaints seriously. You can send your complaints to hello@skotty.io, or use the contact form or the live chat on our website. Skotty will endeavour to work with you to find a reasonable solution to your complaint. However, making a complaint does not mean that you have the right to suspend your obligations towards Skotty.

Disputes

  1. All disputes arising from the use of your Skotty Account, our Services, the Skotty platform and/or our website are governed by Dutch law.
  2. All disputes that arise between you and Skotty will be submitted to the competent court in Oost Brabant.

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