Thanks for using SENT! These terms of service (“Terms”) cover your (“Customer”) use of and access to TSB Technologies, Inc. also known as SENT (“SENT”,”we”,”us”,”our”) services, and websites (“Services”,”Software”) on a non-exclusive basis. By using our Services you’re agreeing to be bound by these Terms. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization and asserting that you have the authority to bind that organization to these Terms.
CHANGES
We may revise these Terms from time to time. If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification.
If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
YOUR CONTENT
When you use our Services, you provide us with things like your files, content, messages, contacts and so on (“Content”). All of these things are yours. These Terms don’t give us any rights to them except for the limited rights that enable us to offer the Services. We also don’t control, verify, or endorse the Content that you and others make available on the Service. We will not take any responsibility for same.
We need your permission to host your data, back it up, and send it when you ask us to. Some or all of our features may require our systems to access, store and scan your data. You give us permission to do those things, and this permission extends to our affiliates and third parties we work with.
You will be responsible for the nature, quality and accuracy of the Content; ensure that the Content (including the storage or transmission thereof to us) complies with these Terms and any and all applicable laws, and regulations; promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person’s rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and maintain appropriate security, protection and backup copies of the Content, which may include your use of additional encryption technology to protect the Content from unauthorized access. We will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.
ACCEPTABLE USE
You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or TSB Technologies, Inc. and/or to build a similar service or website. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by TSB Technologies, Inc.) to access or use the Service. In addition, you promise that you will not and will not encourage or assist any third party to modify, alter, tamper with, repair or otherwise create derivative works of any Software; reverse engineer, disassemble or decompile the software used to provide or access the Service, including the Software, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so; use the Service in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any User Guides or any other policy, instruction or terms applicable to the Service that are available on the Service (“Policies”); sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party; remove, obscure or alter any proprietary rights notice pertaining to the Service; access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas; use the Service to engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; store or transmit inappropriate Content, such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, spywareor any other malware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party; interfere with or disrupt servers or networks used by SENT to provide the Service or used by other users to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any Software or the Service; access or attempt to access SENT’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means; cause, in SENT’s sole discretion, inordinate burden on the Service or SENT’s system resources or capacity; or share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service. SENT reserves the right, in its sole discretion, to deactivate, change and/or require you to change your SENT user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services for any reason or for no reason. SENT may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content.
LOCATION
The Service is provided from the United States. By using and accessing the Service, you understand and consent to the storage and processing of the Content and any other personal information in the United States. SENT reserves the right to store and process personal information outside of the United States, and will use commercially reasonable efforts to provide you with at least 30 days’ notice of any such changes in the processing location.
SHARING WARNING
Our Services let you share data with others, and we go to great lengths to protect your data, but please think carefully about what you share and to whom.
YOUR RESPONSIBILITIES
You’re responsible for your conduct. Your data and you must comply with these Terms. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people send via the Services.
Keep your login information including your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account. We offer everyone lifetime free accounts, so there is no reason to share an account. We will not be liable for any loss or damage arising from any unauthorized use of your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations (see next section).
When signing up with SENT you must provide true, accurate, current and complete information about yourself as requested by the Service’s signup form and you must maintain and promptly update the account profile to keep it true, accurate, current and complete. We may deny approval or withdraw such approval at any time in its sole discretion, with or without cause.
EXPORT RESTRICTIONS
The U.S. Government administers and enforces export control laws and regulations which apply to transfers of information and technology to foreign companies and foreign persons, in the U.S. and abroad. The U.S. also administers and enforces sanctions that restrict the provision of a service or the transfer of information and technology to certain countries, entities, and individuals. Because compliance with these laws is critical to the Company’s reputation and success, TSB Technologies’s services (SENT) is committed to conducting its business with honesty and integrity and in full compliance with U.S. export controls.
Customer agrees that its use of TSB Technologies’s services (SENT) will comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, the International Traffic in Arms Regulations (“ITAR”) maintained by the U.S. Department of State, and trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”). Customer warrants that he or she as well as the intended recipient of the information being transferred is (1) not located in Cuba, Iran, North Korea, Sudan, Syria, or the Crimea Region of the Ukraine, and (2) is not a “denied party” as specified in the regulations listed above. Additionally, Customer warrants that the information it is providing to TSB Technologies’s services (SENT) does not require a license to be exported to the intended recipient or destination provided.
Customer agrees to indemnify, to the fullest extent permitted by law, SENT from and against any fines or penalties that may arise as a result of Licensee’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
THIRD PARTY SERVICES AND CONTENT
All transactions using SENT’s services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole; you acknowledge that we are not responsible for such content or services. We may also provide some content to you as part of the Services. However, SENT is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
BLOCKING OF SERVICES
We retain the right to block or otherwise prevent delivery of any type of Service, functionality, file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms and to comply with any appropriate laws.
BETA PROGRAM
We sometimes release products and features that we are still testing and evaluating. Those Services would be marked beta and may not be as reliable as SENT’s other services, so please keep that in mind when using beta releases.
OUR CONTENT, DATA, PROPERTIES
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, trademarks, logos and other brand features. We may use customer comments or suggestions without any obligation to the customer.
COPYRIGHT
It is important to respect the intellectual property of others. We respond to all reports of copyright infringement. In order to report these infringements, please file an Abuse Report from the dashboard page on SENT. Please include as much detail and content information as possible.
PAID ACCOUNTS
Subscription Billing. Everyone can have a free account. If you need to send more files or bigger files than what the free plan offers, you will need to upgrade your subscription plan to what ever plan meets your needs. You can move between plans as needed. We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
No Refunds. You may cancel your SENT account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their account subscriptions within 14 days of signing up for, upgrading to or renewing a paid account.
Downgrades. Your paid account will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your paid account on time, we reserve the right to suspend it or reduce your storage to the free level.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
EMAIL COMMUNICATIONS
By registering with SENT, you understand that we may send you communications or data regarding the Services, including but not limited to notices about your use of the Services, transaction notifications, including any notices concerning violations of use, updates, promotional information and materials regarding SENT’s products and services, via electronic mail. You may opt out of promotional emails by following the instructions in those mails.
TERMINATION
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
(a) you’re in breach of these Terms, or
(b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users.
We won’t provide notice before termination where:
(a) you’re in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
(c) we’re prohibited from doing so by law.
DISCONTINUATION OF SERVICES
We may decide to discontinue the Services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we’ll give you as much reasonable prior notice as possible under the circumstances. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.
SERVICES “AS IS”
We want to provide awesome Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, TSB TECHNOLOGIES, INC. AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
LIMITATION OF LIABILITY
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR TSB TECHNOLOGIES, INC. OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, TSB TECHNOLOGIES, INC., ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:
i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT SENT OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, TSB TECHNOLOGIES, INC., ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. TSB TECHNOLOGIES, INC. AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $8 USD OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH TSB Technologies, INC.
RESOLVING DISPUTES
We want to address your concerns without needing a formal legal case. Before filing a claim against TSB Technologies, Inc., you agree to try to resolve the dispute informally by contacting dispute-notice@sentandsecure.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or TSB Technologies, Inc. may bring a formal proceeding.
Judicial forum for disputes. You and TSB Technologies, Inc. agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of New York, Nassau County. Both you and TSB Technologies, Inc. consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
CONTROLLING LAW
These Terms will be governed by New York law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and TSB Technologies, Inc. with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
WAIVER, SEVERABILITY & ASSIGNMENT
TSB Technologies’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. SENT may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.