Effective date: 2 April 2019
1. Definitions
- Agreement refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the SignPath Privacy Policy, available at https://about.signpath.io/privacy-policy/) and procedures that we may publish from time to time on the Website.
- Service refers to the applications, software, products, and services provided by SignPath.
- Website refers to the SignPath website located at www.signpath.io, and all services, and products provided by SignPath at or through the Website. It also refers to SignPath-owned subdomains of signpath.io.
- SignPath, We, and Us refer to SignPath GmbH, Gonzagagasse 11/23, 1010 Vienna, Austria, as well as its affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- The User, You, and Your refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. An “Account” represents your legal relationship with SignPath. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on SignPath.
- Organizations refers to shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations.
- Administrator refers to the owner of an Organization who has ultimate administrative control over that Organization and the Content within it.
- Content refers to software artifacts, certificates, private keys, audit logs, system configuration settings within an Organization.
2. Account Terms
2.1 Account Controls
- You retain ultimate administrative control over your Account.
- The Administrator of an Organization has ultimate administrative control over that Organization and the Content within it. Within the Service, the Administrator can manage User access to the Organization’s Content. An Organization may have multiple Administrators. If you are the Administrator of an Organization, we consider you responsible for the actions that are performed on or through that Organization.
2.2 Required Information
- You must provide a valid email address in order to complete the sign up process. Any other information requested, such as your real name, is optional, unless you opt for a paid subscription, in which case additional information will be necessary for billing purposes.
2.3 Account Requirements
- We have a few simple rules for User Accounts on our Service:
- You must be a human to create an Account. Accounts registered by “bots” or other automated methods are not permitted.
- One person or legal entity may maintain no more than one free Account.
- Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows.
2.4 Account Security
- You are responsible for keeping your Account secure while you use our Service.
- You are responsible for all activity that occurs under your Account.
- You are responsible for maintaining the security of your Account and password. SignPath cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2.5 Responsibility for Your Content
- You are solely responsible for the Content you upload and processed through the Service. Depending on your subscription plan, we may scan your Content for malware and refuse to process and store them. However, we do not take any responsibility for the correctness or the completeness of this scan. You are still solely responsible for any harm resulting from any Content that you upload, process or make available via the Service, regardless of the form of that Content.
2.6 Confidentiality
- SignPath considers the Content of the Organization to be confidential to the Users within the Organization. SignPath will protect the Content of the Organization from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
2.7 Access
- SignPath employees may only access your Content in the following situations:
- With your consent and knowledge, for support reasons. If SignPath accesses the Content of your Organization for support reasons, we will only do so with the Administrator’s consent and knowledge.
- When access is required for security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability and resilience of SignPath’s systems and Service.
3. Acceptable Use
3.1 Compliance with laws and regulations
- Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
3.2 Content Restrictions
- You agree that you will not under any circumstances upload or process any Content that:
- is unlawful or promotes unlawful activities;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3.3 Conduct Restrictions
- While using SignPath, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group, including SignPath employees, officers, and agents, or other SignPath Users;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with SignPath servers in ways that could harm our Website or Service, to place undue burden on SignPath’s servers through automated means, or to access SignPath’s Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with SignPath, or by fraudulently misrepresenting your identity or site’s purpose; or
- violate the privacy of any third party, such as by posting another person’s personal information without consent.
3.4 Services Usage Limits
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without SignPath’s express written permission.
- You agree to use the Service solely for its intended purpose – i.e. signing software artifacts.
3.5 Scraping
- You may not scrape the Website or the Service. Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through our API. Please see Section 4 for our API Terms.
3.6 Excessive Service Use
- If we determine your use of the Service to be significantly excessive in relation to other SignPath customers, we reserve the right to suspend your Account or temporarily throttle your access to the Service.
4. API Terms
- Abuse or excessively frequent requests to SignPath via the API may result in the temporary or permanent suspension of your Account’s access to the API. We, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
- All use of the SignPath API is subject to these Terms of Service.
5. Payment
5.1 Pricing
- Our pricing and payment terms are available at https://about.signpath.io/product/pricing/. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
5.2 Billing and Changes
- The Service is billed in advance on basis of your subscription period and is non-refundable.
- We will immediately bill you when you upgrade from the free plan to any paying plan.
- If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
- You may change your subscription plan at any time in your Organization settings menu.
5.3 Authorization
- By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for SignPath.
5.4 Responsibility for Payment
- You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay SignPath any charge incurred in connection with your use of the Service. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
6. Deletion and Termination
6.1 Organization Deletion
- It is your responsibility to properly delete your Organization. You can delete your Organization and all of its Content at any time by going into your Organization Settings in the global navigation bar at the top of the screen.
6.2 Upon Deletion
- We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete the Content of your Organization within 30 days of deletion or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Organization is deleted.
6.3 Termination
- We reserve the right, at our sole discretion, to suspend or terminate your access to the Website, your Account or your Organization in case of your violation of these Terms.
6.4 Survival
- All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7. Intellectual Property
- SignPath and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law.
- The text of this Agreement is licensed under the Creative Commons Zero license.
8. Communication
8.1 Electronic Communication Required
- For contractual purposes, you
- consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and
- agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.
- This section does not affect your non-waivable rights.
8.2 Legal Notice to SignPath Must Be in Writing
- Communications made through email will not constitute legal notice to SignPath or any of its officers, employees, agents or representatives in any situation where notice to SignPath is required by contract or any law or regulation. Legal notice to SignPath must be in writing and sent to SignPath GmbH, Gonzagagasse 11/23, 1010, Vienna, Austria.
9. Disclaimer of Warranties
- SignPath provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
- SignPath does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components.
10. Limitation of Liability
- You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
- Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
11. Release and Indemnification
- If you have a dispute with one or more Users, you agree to release SignPath from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that SignPath
- promptly gives you written notice of the claim, demand, suit or proceeding;
- gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases SignPath of all liability); and
- provides to you all reasonable assistance, at your expense.
12. Changes to These Terms
- We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to these Terms in our Site Policy repository.
- We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
13. Miscellaneous
13.1 Governing Law
- This Agreement between you and SignPath and any access to or use of the Website or the Service are governed by the laws of Austria, without regard to conflict of laws provisions. You and SignPath agree to submit to the exclusive jurisdiction and venue of the courts located in Vienna, Austria.
13.2 Non-Assignability
- SignPath may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
13.3 Severability, No Waiver, and Survival
- If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of SignPath to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
13.4 Amendments
- This Agreement may only be modified by a written amendment signed by an authorized representative of SignPath, or by the posting by SignPath of a revised version in accordance with Section 12. Changes to These Terms. These Terms of Service represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and SignPath relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Changes
- 1 February 2024: company address updated