Terms & Conditions
Effective Date: March 15, 2021
IDSeal Terms & Conditions
IDSeal Titan Supplemental Terms
Minimum System Requirements
Buyer’s Right to Cancel
IDSeal Pro-Tec & IDSeal Antivirus End User License Agreement
IDSEALSM CUSTOMER TERMS & CONDITIONS
Thank you for your interest in Identity Protection and Management Services from IDSeal. Please read these IDSeal Customer Terms & Conditions and the related Policies carefully. If you do not agree to these terms and conditions, you must not enroll in, access, or use the IDSeal services. By enrolling in, accessing, or using the services, you are indicating that you accept and agree to the following:
SERVICES: The services are provided pursuant to these IDSeal Customer Terms & Conditions (the “Terms”) by IDSeal Canada ULC with offices located at 1000 Progress Place, Concord NC 28025 (referred to herein as “IDSeal”, “we”, “us, or “our”). The services are described in these Terms and on our website as part of the online enrollment process, and include all of the related features, benefits, systems, software, applications, websites and services provided for your use by IDSeal (the “Services”). The specific features and benefits of the Services available to you, the cost, and the term of your membership will depend upon the plan options you select when you sign up for the Services and will be confirmed in the e-mail you receive from IDSeal when you complete enrollment (the “Welcome E-mail”). You may cancel the Services at any time as detailed in Section 7 of these Terms.
AGREEMENT: These Terms form a part of a binding contract between you and IDSeal that governs your relationship with IDSeal and any purchase of, enrollment in, access to, or use of the Services (the “Agreement”). Please note that IDSeal may from time to time revise or amend the Agreement pursuant to the provisions of Section 9 of these Terms. The Services are made available to you only on the condition that you agree to be bound by the Agreement. If you do not agree, then do not enroll, access or use the Services. If you reside in a jurisdiction that restricts the ability to enter into agreements such as this Agreement according to age or for any other reason, and you are under such age limit or subject to such other restriction, you may not enter into this Agreement. By enrolling, accessing, or using the Services, you are representing that you have the legal capacity and authority to enter into this Agreement, and that you have reviewed, understand, and accept this Agreement without limitation or qualification.
1. Policies.
The Agreement consists of these Terms as well as any supplemental terms applicable to the specific Services that you select during the online ordering process (the “Supplemental Terms”). The following policies (collectively, the “Policies”) apply generally regardless of the specific Services you select. You will be asked to review and accept these Policies during the checkout process, and each can be found on our website:
- the IDSeal Privacy Policy (the “Privacy Policy”), which describes how we collect and process personal and non-personal information when you use the Services, IDSealCanada.ca and all other websites owned or operated by IDSeal (collectively, the “Website”), and the IDSeal Mobile Application (the “Application” and, together with the Website, the “Sites”);
- the IDSeal Cookie Policy, which describes how we may use cookies on the Sites;
- the IDSeal Website Terms of Use (the “Website Terms of Use”), which provide the terms and conditions under which you may access and use the Website; and
- the IDSeal Mobile Application Terms of Use (the “Application Terms of Use”), which provide the terms and conditions under which you may access and use the Application.
2. Enrollment.
An individual who signs up for the Services (“Enrolls” or “Enrollment” and variations thereof) by submitting the information required by IDSeal to create an account (“Account”), agreeing to these Terms, and ordering Services for which required payment is made is sometimes referred to in this Agreement as a “member” or as having a “Membership.” For the purposes of this Agreement, “you” or “your” refers to such a member, as well as any other individual that is Enrolled by or receives, accesses, or uses the Services through such member. You may not Enroll anyone other than yourself for the Services unless you have the authority to accept these Terms on behalf of the other individual you are Enrolling and have all necessary permissions and consents. You will be personally liable for all fees incurred and damages that may result from Enrolling another individual for Services without proper authorization, and you agree to indemnify us for any damages we may incur as a result.
In order to Enroll in the Services, you must be a Canadian resident and have a valid address in Canada and be of legal age and have the legal capacity to enter into contracts in the province or territory in which you reside. You also must have internet access via a compatible browser and a valid email address. By Enrolling in the Services, you represent that you meet each of these qualifications. IDSeal reserves the right to determine or change the eligibility criteria for Enrollment or any member’s access to or use of the Services. We may decline to accept your Enrollment in the exercise of our sole discretion.
In connection with setting up an Account and using the Services, you will establish or be provided a username and password, and may also establish or be provided other access credentials to maintain the security of your Account (collectively, “Access Credentials”). You understand and acknowledge that any person able to provide your username, password and/or other designated security information will have full access to your Account, and you agree that by sharing your Access Credentials any such person is authorized by you to represent you for purposes relating to the Services, including receiving information about and making changes to your Account, and adding, modifying, or cancelling Services. If you do not wish for another person to so represent you or access your Account information, keep your Access Credentials confidential. You are responsible for all actions taken by third parties using your Access Credentials.
Enrollment requires you to set up your Account with your contact information such as name, address, and phone number. To complete Enrollment, individual members must also provide a valid payment method accepted by IDSeal (the “Payment Method”), and you understand and agree that by providing such Payment Method you are authorizing us to use such Payment Method on a recurring basis to collect all amounts due under the Agreement. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. We may determine and modify what Payment Methods we accept from time to time in our sole discretion.
Notwithstanding the foregoing, individuals that Enroll through an IDSeal plan where payment for Membership is made by the individual’s employer or other third party that has entered into a separate agreement with IDSeal for the purchase of Memberships (a “Participating Business”) are not required to provide a Payment Method in order to Enroll provided that the Participating Business has agreed to purchase the Membership for such individual. If you are such a member (a “Business Member”) please take note of the exceptions in Sections 6 through 8 that apply to you.
Some of the information that you must provide during Enrollment is personally identifiable information that is subject to applicable data protection laws (“Personal Information”). This Personal Information will be used in accordance with our Privacy Policy in order to verify your identity, charge the Fee (as defined in Section 6), and otherwise as necessary to process your Enrollment and deliver the Services.
3. Personal Information; Electronic Communications.
At all times during your Membership, you agree to keep all Personal Information provided to IDSeal up to date, accurate, current and complete, including without limitation your email address. You may update your Personal Information by contacting Identity Care via chat at https://idseal.com/chat or at 1-888-325-5865, or for certain Personal Information by accessing your Account via the member portal located on the Sites (the “Member Portal”). You agree that IDSeal shall have no obligation to verify your Personal Information and that IDSeal may rely on your Personal Information that you provide as accurate, current, and complete.
You agree that you will not use the Services to input or attempt to access Personal Information of others, even those listed in the IDSeal system on your Account.
You agree that IDSeal may use your Personal Information in accordance with the Privacy Policy, and you authorize IDSeal, its parents, subsidiaries, and other affiliated entities (collectively, “Affiliates”) and their respective third party data sources and service providers (collectively, “Providers”) to obtain various information and reports about you as IDSeal deems reasonably necessary or desirable in the course of providing the Services.
You agree to the use of electronic communication in order to enter into this Agreement and to purchase Services and agree and consent to the electronic delivery of notices, invoices, and other communications that we provide in connection with your Membership (the “Communications”). You agree that by accepting this Agreement, your name and signature shall be affixed to it and constitute your electronic signatures to the same extent as if you had used your written signature. You further waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under Applicable Law, which require an original, non-electronic signature or delivery or retention of non-electronic records.
Communications will be sent to the email address that you provide during the Enrollment process as may be updated by you from time to time through the methods we designate. It is your responsibility to keep the primary email address listed on your account with us up to date so that we can communicate with you electronically. Spam filtering of emails may require you to add our email address to your email address book or “safe senders” list. You understand and agree that an electronic communication is deemed successfully sent once emails are sent to the primary email address listed on your Account, and our notice to you will be deemed to have been given on the first business day after sending by email.
In the event that IDSeal is unable to deliver email messages to you after multiple attempts due to reasons beyond our control (i.e., your email address is no longer valid, your email box becomes full, or your email provider sends our communications to a SPAM or junk e-mail folder, or uses a “safe sender” process), or IDSeal discovers that any other portion of your Personal Information is or becomes inaccurate, then IDSeal may suspend all or any portion of the Services pending resolution of the issue.
4. Use of the Services.
You may use the Services only for your own personal, non-commercial purposes and in accordance with the Agreement, which includes any Supplemental Terms applicable to the particular Services. You may not use the Services for any illegal purpose‚ and you must abide by all applicable local‚ state‚ provincial/territorial, and federal laws, rules and regulations (“Applicable Law”) when using the Services. You may not use the Services to obtain information or make decisions about anyone but yourself. You agree that you will use the Services only for their intended purposes which include securing your data and identifying errors, and mitigating, protecting against, or preventing identity theft, fraud, unauthorized transactions or other potential fraudulent activity, claims or liabilities.
You are solely responsible for your use of the Services, the use of the Services by any individual you Enroll and any other individual utilizing your Access Credentials, and any action you take or fail to take in reliance on the Services. IDSeal does not provide the Services‚ or any advice or assistance‚ for the purpose of repairing or improving your credit report‚ credit history or credit rating or score.
The Services are not intended to, and do not, constitute legal, professional, or financial advice, are not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your attorney, tax advisor, financial planner, or other professional advisor with any questions you may have regarding such matters. Our representatives are not authorized to provide any such advice or make any claims, guarantees, or representations of expected results on our behalf. No written or verbal statement by our representatives shall supplement or amend this Agreement. We do not guarantee that any particular outcome will be achieved through the Services.
5. Membership Term.
By Enrolling, you are agreeing to participate in a recurring membership that begins when your initial Fee payment is processed (or, for Business Members, when the Participating Business makes Membership available to you), and will continue for the Membership period you selected during Enrollment (annual, quarterly, or monthly/indefinite) and then will automatically renew for the same period of time (twelve months, three months, or one month) until your Membership is cancelled or terminated as provided for in these Terms.
For Members resident in the province of Ontario with yearly or quarterly plans, we will send you notice of the renewal, and you can cancel your Membership in accordance with Section 7 rather than allow it to automatically renew. For Members resident in the provinces of Quebec or Nova Scotia on a yearly or quarterly plan, we will send you notice prior to the expiration of your Membership and you can opt to renew your Membership for another twelve month or three month term. If you do not opt to renew, for a further annual or quarterly term, your Membership will continue on a monthly/indefinite basis until cancelled or terminated as provided for in these Terms which you may do in any given month after the renewal. Monthly memberships, for residents of the provinces of Ontario, Nova Scotia and Quebec, are billed monthly and continue indefinitely until cancelled in accordance with Section 7.
Each such Membership period is referred to herein as a “Payment Period” and your total Membership period, including all such renewals, is referred to herein as the “Membership Term.” If you do not wish to renew your Membership, you must cancel your Membership prior to the date that your current Payment Period expires (the “Expiration Date”) in accordance with Section 7 below, in which case your Membership will expire upon such Expiration Date. For Business Members, the applicable Participating Business may cancel your Membership and end the Membership Term at any time, including without limitation in the event of the termination of your employment, and any questions related to the Membership Term or cancellation should be directed to the Participating Business.
6. Fees and Payment.
Not applicable to Business Members: The fee due and payable for each Payment Period of your Membership is established at the time of your Enrollment. You are responsible for payment of any taxes applicable to your Membership, and the term “Fee”, as used in these Terms, refers to the fee due and payable for your Membership plus any such taxes and may also include amounts due for the Add-Ons that you elect to purchase. Payment in full for the initial Payment Period is due upon Enrollment and thereafter on the Expiration Date of each Payment Period you will be charged for all Fees due and payable for the next Payment Period until you cancel your Membership. All Fees are stated and payable in Canadian dollars. Applicable taxes will be determined at the time you are billed and may depend on your location.
We will attempt to charge your Payment Method up to three times, but if IDSeal is unable to bill you for the Fee via the Payment Method provided by you for any reason, then IDSeal may immediately suspend or terminate your Membership.
The amount of the Fee upon Enrollment may represent an introductory offer applicable only to a certain introductory period (the “Introductory Period”), which Introductory Period will be disclosed during Enrollment. IDSeal will automatically begin charging the applicable non-introductory Fee amount applicable to your Membership plan at the beginning of the next Payment Period following the expiration of the relevant Introductory Period. Any Fee increase is deemed a Material Change subject to the notice and cancellation terms set forth in Section 9 below.
You may have the opportunity to purchase, at your election, additional Services to be included in your Membership (each, an “Add-On”). The amount due for an Add-On shall be due and payable at the time of purchase, separately from and in addition to the Fee for your Membership, and may be charged on a recurring basis as applicable pursuant to the selections you make at time of purchase. Details regarding Add-On offers may be viewed on the Sites. Certain Add-Ons may only be available for designated operating systems or have other configuration requirements. Add-Ons may be subject to Supplemental Terms, and by purchasing such Add-Ons, you are agreeing to be bound by the applicable Supplemental Terms.
IDSeal may make additional Services available to you at no additional cost for promotional purposes (each, a “Promotion”). IDSeal reserves the right to discontinue a Promotion at any time, with or without notice. IDSeal may, but is not obligated to, offer you the ability to purchase Services that have previously been offered as a Promotion. You may not be able to take advantage of a Promotion if your devices and operating system do not meet the system requirements for the Promotion or are not compatible with the Promotion. No refunds or credits will be issued in connection with Promotions for any reason, including for your inability to access or use a Promotion.
7. Your Right to Cancel; Refunds.
You have the right to cancel your Membership at any time by contacting Identity Care via chat at https://idseal.com/chat or at 1-888-325-5865 or in writing delivered to the IDSeal address shown in Section 15. You do not need a reason to cancel.
Not Applicable to Business Members: You may receive a refund and only pay for Services that you have actually received if you cancel this Agreement within ten (10) days of the date that you make your purchase and receive a copy of the Agreement (the “Cooling Off Period”). A longer Cooling Off Period and other cancellation rights may apply to you based on the jurisdiction where you purchased your Membership, as described in the Buyer’s Right to Cancel attached hereto and incorporated herein. If you cancel your Membership after the applicable Cooling Off Period, but prior to the expiration of the then-current Payment Period, then IDSeal will continue providing the Services until the Expiration Date of the current Payment Period but no partial refund will be given for the remainder of the Payment Period, unless required by applicable law..
You understand and agree that if you cancel after the applicable Cooling Off Period, you shall not be entitled to a refund unless required by applicable law.
8. Our Right to Terminate.
IDSeal may terminate your Membership for any reason upon notice to you, which termination will be effective the sooner of the date specified in the notice or the end of the applicable Payment Period. For Quebec residents, the notice period shall be no less than 60 days while for residents of other provinces the notice period shall be no less than 30 days prior to the effective date of any such termination, unless you have breached this Agreement as described below. Upon the effective date of any such termination, IDSeal will stop billing you for the Fees and your access to the Services will be terminated.
If you breach this Agreement, or IDSeal determines, in its sole discretion, that Membership Services have been obtained or used fraudulently, are being used for purposes in conflict with Applicable Law or this Agreement, or are otherwise being abused or used in a manner not contemplated by or intended by this Agreement or that may be harmful to IDSeal or its other users, IDSeal may terminate your Membership (or any Services included therein) immediately and without prior notice and IDSeal reserves its rights to pursue any other remedies it may have against you at law or in equity.
You may not be listed under more than one Account. Attempts by a single member to obtain multiple Memberships or to be named under more than one Account may result in IDSeal’s termination of all relevant Memberships and/or refusal to offer or sell Services to you or any other member of your household.
In the event IDSeal terminates your Membership for convenience and not for cause, then IDSeal will issue to you a prorated refund of the Fees paid by you applicable to the remainder of the then-current Payment Period.
Applicable to Business Members only: The Participating Business through which your Membership is purchased may cancel your Membership at any time and for any reason, including without limitation the termination of your employment, and IDSeal shall not be liable for any claims arising from such termination.
9. Change in Terms.
Subject to these Terms and Applicable Law, IDSeal fully reserves the right to modify, add, eliminate or otherwise change (collectively, “Change”) any portion of this Agreement or the Services (including any benefits or features, the membership structure or eligibility requirements, and the Fees thereof), or any term or condition applicable to all or any portion of the Services or your Membership,.
If we make a Change, we will post the changes to these Terms at least thirty (30) days before the Change comes into effect and will indicate the date these Terms were last revised. In addition, where required by law and elsewhere at our discretion, we will provide you notice of the Change using the contact information in your Account, setting out the new clause, or the amended clause and how it read formerly, and the date on which the Change will come into effect. You may refuse to accept the Change and rescind, or cancel your Membership without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the Change comes into force, using the information in the notice of the Change.
Subject to these Terms and Applicable Law, by continuing to remain a Member or use the Services after the effective date of any Change, you acknowledge the Change and agree to be bound and abide by same, and your exclusive remedy in the event you do not agree to any such Change is to cancel your Membership as provided for in these Terms. In the event you cancel based on a Change, if you are not a Business Member then IDSeal will issue to you a prorated refund of the Fees paid by you applicable to the remainder of the then-current Payment Period.
10. Indemnification
You agree to defend, indemnify, and hold harmless IDSeal, its Affiliates, licensors, Providers, Provider’s affiliates and service providers, and its and their respective owners, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the violation of Applicable Law, breach of this Agreement, use, misuse, or inability to use the Services or Sites (including, any use, misuse, or inability to use the content, services, or information contained in or received through the Services or Sites) by you or any other individual that you Enroll or who obtains access to or uses the Services or Sites by or through you.
11. Notice of Prosecution.
Access to and use of password-protected and/or secure areas of the Sites is restricted to (i) Members accessing and using their own Account on behalf of themselves, and (ii) authorized IDSeal personnel or agents. Individuals attempting to access these protected or secure areas of the Sites without authorization may be subjected to prosecution. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face enforcement action. You acknowledge and agree that IDSeal may cooperate with law enforcement in connection with any such actions or prosecutions.
12. NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SITES, AND ALL INFORMATION CONTAINED IN THE SERVICES AND ON THE SITES ARE OFFERED AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. IDSEAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, IDSEAL DOES NOT GUARANTEE OR WARRANT THE ACCURACY, CORRECTNESS, TIMELINESS, COMPLETENESS, CURRENTNESS, OF THE SERVICES OR THE SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY BUSINESS PARTICIPANT, IDSEAL, ITS AFFILIATES OR PROVIDERS OR THEIR RESPECTIVE REPRESENTATIVES, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR IDSEAL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL IDSEAL OR ANY OF ITS AFFILIATES OR ANY OF THE PROVIDERS OR THE PROVIDERS’ AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE SITES, THE INFORMATION CONTAINED IN THE SERVICES OR ON THE SITES, THE USE OR INABILITY TO USE THE SERVICES OR THE SITES, ANY LINKED WEBSITE, OR ALL OR ANY PORTION OF THE SERVICES OR THE SITES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OTHER ECONOMIC LOSSES, OR LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND EVEN IF IDSEAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD BE AWARE OF SUCH POSSIBILITY.
IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF IDSEAL, ITS AFFILIATES, ITS PROVIDERS, ITS PROVIDERS’ AFFILIATES, OTHER SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THE SERVICES, THIS AGREEMENT, OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), AND OTHERWISE, EXCEED SIX (6) MONTHS OF THE FEES ACTUALLY PAID BY YOU TO IDSEAL FOR THE SERVICES. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
THE EXCLUSIONS AND LIMITATIONS OF WARRANTIES, LIABILITY AND DAMAGES SET FORTH HEREIN ARE SUBJECT TO APPLICABLE LAW AND DO NOT AFFECT ANY LIABILITY OR WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you are dissatisfied with the Services or the Sites, your sole and exclusive remedy unless otherwise provided by Applicable Law is to discontinue accessing and using the Services and the Sites and cancel your Membership. If you have any other dispute or question arising under this Agreement, please contact Identity Care so that we may attempt to resolve your issue.
13. Intellectual Property.
The IDSeal name and logo, the Services, the Sites and all content and elements of or related to the foregoing, are the trademarks, copyrights, and other intellectual property of IDSeal or its Affiliates. Other product and company names mentioned in this Agreement, the Services, or on the Sites are the intellectual property of their respective owners. No use of any of this intellectual property may be made by any third party without prior express written consent of IDSeal or the relevant owner, which consent may be withheld, conditioned or delayed in such party’s sole discretion. The Site content may not be copied in whole or in part, and no logo, graphic or image on the Sites may be copied or retransmitted in whole or in part, in each instance without the prior express written consent of IDSeal, which consent may be withheld, conditioned or delayed in IDSeal’s sole discretion.
You agree that you shall not reverse engineer, decompile, or otherwise attempt to obtain the source code of or otherwise duplicate or modify the Sites or the Services. This Agreement does not convey to you any ownership or other rights in the Services or Sites, or in any intellectual property rights or other proprietary rights embodied therein by implication, estoppel or otherwise except for the limited rights to use the Services and Sites expressly granted under this Agreement. Title to the Services and the Sites and the intellectual property rights and proprietary rights embodied therein (including all components, derivatives, and modifications thereof) shall at all times remain vested in IDSeal or its licensors.
14. Governing Law and Jurisdiction.
For users who are not individuals resident in the province of Quebec, this Agreement, including its formation, construction, interpretation, and enforceability, is governed by and shall be construed in accordance with the law of the province of Ontario and the federal laws of Canada applicable therein, without regard to its choice of law rules. Further, any court proceedings between you and IDSeal shall be governed by the laws of the province of Ontario, without regard to its choice of law rules, and such proceedings shall take place in Ontario.
For users who are individuals resident in the province of Quebec, these Terms, including their formation, construction, interpretation, and enforceability, are governed by and shall be construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein, without regard to its choice of law rules. Further, any court proceedings between you and IDSeal shall be governed by the laws of the province of Quebec, without regard to its choice of law rules, and such proceedings shall take place in Quebec.
15. Identity Care Contact Information.
For assistance with your Membership, your Account, or the Services, please chat, call, or write IDSeal Identity Care using the following information:
IDSeal Canada ULC
Attn: Identity Care
1000 Progress Place
Concord, NC 28025
Chat: https://idseal.com/chat
Email: support@IDSeal.com
Telephone: 1-888-325-5865 (Monday through Friday, 10am – 7pm EST)
Posting or messaging on social media platforms is not considered a form of providing notice to us hereunder, and you should not rely on or assume that we receive any communications submitted through a social media platform.
16. MISCELLANEOUS
A. Entire Agreement
This Agreement, including these Terms, the Polices, and any applicable Supplemental Terms, contains the entire agreement between you and IDSeal with respect to the subject matter hereof and supersedes any and all prior written, electronic or oral agreements and understandings between the parties regarding the Services, your Enrollment, Authentication, and Membership, and any access to and use of the Sites.
B. Relationship of the Parties
This Agreement is made by and between you and IDSeal. IDSeal reserves the right to utilize third parties to perform Services provided to you, however IDSeal remains solely responsible to you for the performance of IDSeal’s obligations hereunder. No IDSeal Affiliate or Provider is deemed a party to this Agreement, although such Affiliates or Providers may provide certain services in connection with the Services. Accordingly, to the fullest extent possible under Applicable Law, you agree that (i) none of the IDSeal Affiliates or Providers will have any direct liability to you or any other individual that you Enroll; (ii) neither you nor any other individual that you Enroll will bring any legal claim, Dispute, or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise, and including, but not limited to, a claim for negligence) in respect of or in connection with this Agreement or the Services against any of the IDSeal Affiliates or Providers. You may not assign this Agreement without our express, prior, written consent.
C. Waiver and Severability
No waiver by us of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
D. Accessing the Sites and Security
You agree that you will treat your Access Credentials and any other piece of information received as part of our security procedures for access to the Sites as confidential. You also acknowledge that your Account and any other account you set up through the Application or other Sites (collectively, the “Accounts”) are personal to you and agree not to provide any other person with access to such Accounts, the Sites, or portions of either using your Access Credentials or other security information. You agree to notify us immediately of any unauthorized access to or use of your Access Credentials or any other breach of security. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Accounts after you have contacted us. You also agree to ensure that you exit from your Accounts at the end of each session. You should use particular caution when accessing your Accounts from a public or shared computer so that others are not able to view or record your password or other Personal Information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of Applicable Law or this Agreement.
E. Interpretation
In the event that these Terms and the Policies are determined to be in conflict, regardless of which of the Policies are in conflict, the order of precedence applicable to these Terms and the Policies shall be as follows: (1) these Terms; (2) the applicable Supplemental Terms, if any (3) the Website Terms of Use; (4) the Privacy Policy; (5) the Application Terms of Use; and (6) the Cookie Policy.
Issue Date: December 15th, 2020
Copyright © 2020 IDSeal Canada ULC
All Rights Reserved
IDSEAL TITANTM SUPPLEMENTAL TERMS
1. Applicability.
These IDSeal Titan Supplemental Terms (the “Titan Terms”) govern any purchase or use of the IDSeal Titan products and services identified in Exhibit A attached hereto and incorporated herein (collectively, “Titan”), and form a part of the binding Agreement between you and IDSeal described in the IDSeal Customer Terms & Conditions. Titan is considered to be a “Service” as that term is used in the IDSeal Customer Terms & Conditions, and the IDSeal Customer Terms & Conditions apply to Titan. Other capitalized words used in these Titan Terms but not defined herein have the meanings assigned in the IDSeal Customer Terms & Conditions. In the case of a conflict between these Titan Terms and the IDSeal Customer Terms & Conditions, these Titan Terms shall govern.
Titan is made available to you only on the condition that you agree to be bound by the Titan Terms. If you do not agree, then do not purchase, access or use Titan. By enrolling, accessing, or using Titan, you are representing that you have the legal capacity and authority to enter into the Agreement, and that you have reviewed, understand, and accept these Titan Terms as part of the Agreement without limitation or qualification.
2. Software.
The Titan Services include software that a user must download and install (the “Software”) on a computer or mobile device that has the Minimum System Requirements defined in Exhibit A (each, a “Device”). Some features may only be available using certain browser extensions and not all features are available on all Devices or operating systems. Some features are intended for use while a Device is online or require a Device to periodically be connected to the internet.
3. Overage Fees.
In the case of Titan Services that have data storage capacity limits as set forth in Exhibit A, you agree to pay the overage fees applicable to such Services in accordance with your usage over the stated data limits. IDSeal reserves the right, but does not have the responsibility, to suspend or limit use of the Services so that you do not exceed the stated data storage capacity.
4. License Grant.
Subject to the terms and conditions contained in the Agreement, your subscription to Titan includes the grant of a personal, nonexclusive, non-transferable, non-sublicensable, and revocable limited license to download and install the Software on the number of Devices agreed at the time of your purchase, and to use those Titan Services which you have purchased during your Membership Term (the “License”).
5. License Restrictions.
Your License for Titan is for your personal use, and you may not distribute, transfer, sublicense, make Titan available for use by third parties or otherwise commercially exploit Titan. You are not permitted to use, store, transmit, copy, or modify Titan in any manner not expressly permitted by these Titan Terms. In addition, you may not directly or indirectly (i) decompile, disassemble, reverse-engineer or otherwise try to derive source code from Titan or use Titan in order to build a similar or competitive product; (ii) create any derivative work(s) from Titan; (iii) remove or alter any proprietary notices or labels from Titan; or (iv) disable, alter, tamper with, or remove any copy protection feature or disabling mechanism, or otherwise attempt to circumvent any enforcement technology in Titan.
Use of the Software on multiple Devices simultaneously is permissible only up to the number of Devices described in Exhibit A for the Titan Services you have purchased. If you wish to change the Device on which you have installed the Software, you must delete the Software from such Device and install the Software on your new Device. If you have installed the Software on a Device that you sell or otherwise transfer ownership of then you must ensure that any Software is removed from such Device prior to transfer. Titan may contain enforcement technology that limits the size of data storage, bandwidth consumption, or the number of Devices on which the Software may be installed.
We may at any time in our sole discretion suspend your access to the Titan Services, including but not limited to for the following reasons: (i) to address a threat to the security or integrity of the Services; (ii) if you have breached the Agreement; or (iii) if any Fees you owe are not received when due.
IDSeal AntiVirus leverages the Avira SAVAPI SDK package, which includes third-party code licensed for use and distribution under open source licenses that may include terms and conditions applicable to your use of IDSeal Antivirus.
Titan is not designed or intended for use in special or high risk areas such as nuclear-facilities, food or pharmaceutical production, or aviation, weapons, or life-support systems, or any other application in which the failure of the Services could lead to death, personal injury, or severe physical or property damage. You may not use Titan in such environments, and we expressly disclaim any implied warranty of fitness for such use.
You agree that you will not directly or indirectly export, download, transmit, or permit access to or use the Software or Services and its related documentation, including technical data, in any country to which export, transmission or access is restricted by regulation, statute, or other law, without obtaining authorization from the appropriate government authorities and/or regulatory bodies.
6. Customer Data
To the extent the Services allow you to store, copy, sync, transfer, submit, or upload files, documents, photos, videos, and other information, content, materials or data (“Customer Data”), you grant us a worldwide, non-exclusive, royalty-free, fully-paid up, transferable and sublicensable right to use, reproduce, store, and remove the Customer Data solely for the purpose of performing this Agreement. You shall retain all other rights in the Customer Data. In the event you post or provide us with any reviews, comments, information, opinions, or suggestions related to the Services, you acknowledge and agree that we may use them without restriction, for any purpose and without compensation to you.
You represent and warrant that the Customer Data and your use of the Services shall not (i) violate Applicable Law or infringe upon any third party right; (ii) unduly interfere with or otherwise adversely affect our ability to provide the Services or harm our infrastructure, operations, or reputation or those of our affiliates, business partners, or customers; or (iv) contain, enable, or initiate a denial of service attack, software virus, malware, or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware.
You acknowledge and agree that Customer Data will be irretrievably deleted upon cancellation, termination or non-renewal of the License, and we may remove Customer Data at any time, for any reason, with or without notice.
7. Customer Environment
You are solely responsible for the performance of your Devices including operating systems, software, applications, data, hardware, networked devices, and internet connectivity (the “Customer Environment”). Your use of the Services will be affected by the performance of your Customer Environment. You are solely responsible for the cost of your Customer Environment, including the cost of ensuring that your Devices continue to meet the Minimum System Requirements as they may be updated from time to time. You are also responsible for any charges incurred with your data- or mobile-service provider in connection with your use of the Software or Services.
You are responsible for installing the Software and any associated updates on your Devices and configuring the Titan Services to meet your needs. Your subscription to Titan includes technical support, which we will make available to you in accordance with our current standard support offerings. We are not responsible for supporting your Customer Environment.
You are required to maintain the basic security of the systems and Devices you use to access the Services to prevent use of the Services by third parties in a manner that violates this Agreement.
8. Modifications, Updates, and Upgrades
We may modify or add new features or functionality to Titan as a new version of the Services (an “Upgrade”) and offer you the Upgrade at no additional charge or we may condition your use of an Upgrade on the payment of additional Fees.
We also may provide certain incremental revisions to Titan (an “Update”) at no additional charge to you. Updates may include important improvements to the security and functionality of the Software and may alter the appearance or operation of the Software. In in order to ensure that you are running the latest version of the Software on your Devices you give us permission to install Updates on your Devices automatically when available, to the extent that it is possible for us to run such background installations. In the event we are unable to automatically install Updates, you agree to install Updates when we make them available to you.
You acknowledge and agree that we may, at any time and without notice to you, change the Minimum System Requirements or discontinue, suspend or modify (i) the Software or Services, (ii) any functionality or feature of the Software or Services or (iii) the availability of the Software and Services on any particular Device.
9. Disclaimers
You acknowledge and agree that you have assessed your needs and Devices as well as the Product Descriptions, Minimum System Requirements, and cost of Titan and that you bear the entire risk associated with the Services meeting your individual requirements, even if we have provided guidance to assist with your selection of the Services.
We have implemented administrative, physical and technical safeguards designed to secure Customer Data from accidental loss and unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to circumvent these measures or use your Account or Customer Data for improper purposes. You are solely responsible for the proper backup of Customer Data, and you are solely responsible for any loss, corruption, or damage to Customer Data or the Customer Environment.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COSTS ASSOCIATED WITH LOST OR DAMAGED CUSTOMER DATA OR FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM UNAUTHORIZED ACCESS OR USE OF THE SOFTWARE, THE SERVICES, YOUR ACCOUNT, THE CUSTOMER DATA, OR THE CUSTOMER ENVIRONMENT.
10. License Term and Termination
Your License commences as soon as you have received access to Titan (for example, by being provided a license key), regardless of whether you actually access or use Titan.
Your License will automatically terminate upon the effective date of termination of your Membership, and you will no longer be authorized to use or access Titan and you must promptly delete the Software from your Devices. Upon such termination, your Customer Data will be deleted, including Customer Data that has been backed up with IDSeal Cloud Backup. It is your responsibility to store or backup your Customer Data in an alternative location before your Membership expires or is terminated.
IDSEAL TITANTM SUPPLEMENTAL TERMS
EXHIBIT A
Product Description and Minimum System Requirements
PRODUCT DESCRIPTION
IDSeal Titan is a bundled product consisting of IDSeal Pro-Tec, IDSeal Antivirus, and IDSeal Cloud Backup.
IDSeal Pro-Tec. (Up to 4 devices). IDSeal Pro-Tec is a privacy enhancement solution designed to protect digital devices and information. IDSeal Pro-Tec offers Members the following features subject to availability on your Device and internet connection as applicable:
Dark Web Scanner
The dark web scanner employs a unique algorithm that allows you to search for occurrences of your passwords or email addresses in databases that have been stolen by hackers and are being bought and sold on the dark web.
Virtual Private Network (VPN)
The VPN feature provides online privacy by allowing you to connect to a VPN server so you can mask your IP address and send your internet data through a secure encrypted tunnel established between you and your endpoint so that you can keep your internet activity and location private. Please note that some countries and companies block the use of VPNs.
Login Encryption & Password Vault
This feature lets you scan your Device for traceable login credentials you have used with websites, portals, or service providers and then encrypt those passwords and store them in a vault for safekeeping.
Personal Profile Protection
The personal profile protection feature helps limit identifying information that could be stolen from your Device by making it easy to find and delete all the user profiles (phone numbers, email addresses, mailing addresses, credit card information, etc.) that are stored on your Device in connection with “auto-fill” functions.
Ad Blocker
Enabling this feature blocks both static and dynamic banner ads, making your browsing experience more efficient and enjoyable by allowing you to surf the web without annoying flashing banners and distracting ads.
Safe Browsing/Real-Time Protection & Alerts
This feature gives you confidence to browse the web freely by warning you when you encounter unsafe websites that could expose you to malware, spyware, viruses, and other malicious scripts and monitoring your Device for phishing attempts, blocking them in real time, and alerting you.
Tracking Blocker
The tracking blocker feature works to block tracking records that include your personal digital information that can be used by third parties and hackers.
Digital Fingerprint Scrambler
This feature takes the data a website collects behind-the-scenes and uses to identify your Device, known as your “digital fingerprint”, and scrambles it either automatically or on-demand, creating a fake digital fingerprint in its place so websites won’t be able to track your personal browsing patterns.
Browsing Tracks & Scanner Cleaner
This feature allows you to deep clean your Device by removing browsing records, cookies, and other items that track your browsing patterns so that you can proactively reduce the chances of those credentials being stored and abused. The set-and-forget setting lets you automatically block cookies that are suspected of being privacy-risking or malicious.
Document Scanner & Encrypted Documents Vault
The document scanner feature locates documents on your Devices that may contain sensitive information such as bank account or credit card numbers and other personally identifying information, and prompts you to either delete the files or store them using the encrypted documents vault feature so that they are safeguarded in one secured location, both encrypted and masked, as protection against your information being found and abused.
Webcam & Microphone Blocker
This feature allows you to digitally block malicious attempts to access your Device’s camera and microphone by third parties that may try to eavesdrop or peep into your personal life.
Privacy Advisor
The privacy advisor feature evaluates the permissions on your Device, categorizes them by risk level, and makes recommendations regarding these settings to improve privacy. This feature is only available on Android devices.
IDSeal ANTIVIRUS (Up to 4 devices). IDSeal Antivirus offers protection from malicious programs that threaten personal computers and Android mobile devices that meet the Minimum System Requirements. IDSeal Antivirus utilizes active protection mechanisms that monitor, block, and alert when a threat is detected. Harmful incoming emails are blocked and quarantined, and your computer can be automatically scanned for threats on a defined schedule. Easy to install and use, IDSeal Antivirus also includes extra tools and features such as a history cleaner and start-up manager to help keep your computer protected and operating efficiently. IDSeal AntiVirus includes the following features:
All-In-One PC Security
Antivirus detects and removes not just viruses, but also spyware, rootkits, ransomware, malware, bots, trojans, and similar threats.
Real-Time Active Monitoring And Protection
Utilizing multiple detection methods and advanced algorithms, Antivirus monitors and combats online and local security issues in real time.
Ransomware Protection
Antivirus detects and removes any known ransomware before it can take action and harm your PC.
Internet Security
Antivirus works while you browse the internet to protect you from malicious websites and online attempts to attack your computer and infect it with malware.
Deep Threat Scanning
Utilizing one of the most extensive threat databases available, Antivirus scans and eliminates threats that other products in the industry may fail to detect. Antivirus automatically updates its databases and virus definitions on a daily basis, drawing from a variety of sources to optimize the on-guard status of your Device.
Scheduled Scans
Antivirus scheduler allows you to “set-and-forget” so that Antivirus automatically scans your Device and is proactively working to protect your Device at all times.
Automatic Virus Definition Database Updates
The virus, spyware and malware database automatically updates. (Requires internet connection).
IDSeal CLOUD BACKUP (Up to 2 Devices/2TB total storage per subscription). IDSeal Cloud Backup is a storage and recovery solution that allows you to backup data on a secure remote server and restore that data to the original location or to an alternate Device from anywhere with an internet connection.
Ample Storage Space
Your subscription to IDSeal Cloud Backup includes 2TB of total storage that may be used to back up files from two Devices. If your use in any month exceeds the 2TB limit, you may be charged $0.05 per GB over the limit for that month.
Flexible Backup Options
Choose from multiple options for backup scheduling. Large files can be backed up without restrictions on individual file size, and small files can be backed up in bulk.
Secure Transfer and Storage
IDSeal Cloud Backup creates an encrypted copy of your data using 256-AES, and then securely transfers it over a 256-AES SSL encrypted layer to Amazon AWS cloud storage. Encryption via 256-AES meets the encryption standards required by most applicable privacy laws, and Amazon AWS storage gives you peace of mind regarding availability and reliability.
Easy Data Restoration
If data on your Device is corrupted or inadvertently deleted you can download all of your backed-up data or just selected files using the restoration wizard in the desktop software. If your Device is lost or stolen you can restore your data to a new Device through your online account.
Please note that IDSeal Cloud Backup is intended for backup storage only and it is not a file-sharing solution – you cannot open, edit, or share the files that you backup from within the cloud.
MINIMUM SYSTEM REQUIREMENTS
“Minimum System Requirements” means the supported devices and operating systems that the particular Titan product and features will function properly with, as listed on our website. It is your responsibility to ensure that your systems meet the Minimum System Requirements in order to use Titan.
For computers, the Minimum System Requirements include the following:
At least 2GB of RAM.
Intel Pentium® 4 processor or above, or AMD Athlon™ 64. (1.5Ghz or faster)
200 MB of free hard drive space.
Windows 8, Windows 8.1, Windows 10; or macOS 10.15 or later
Installation of the Software, receipt of Updates, and use of those features that pertain to internet browsing or scanning of websites require that your Device be connected to the internet.
Generally, the Minimum System Requirements for Android/iOS devices are as set forth in the Google Play or AppStore, and:
- Android requires 5.0 and up.
- iOS requires iOS 13.4 or later.
BUYER’S RIGHT TO CANCEL
Download Buyer’s Right to Cancel
You may cancel this contract from the day you enter into the contract until 10 days after you receive a copy of the contract. You do not need a reason to cancel.
If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office.
If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.
To cancel, you must give notice of cancellation at the address in this contract.
ADDRESS FOR SERVICE:
1000 Progress Place
Concord, NC 28025
ADDRESS FOR SERVICE IN MANITOBA:
360 Main St, 30th Floor,
Winnipeg, MB R3C 4G1
FOR BRITISH COLUMBIA CONTRACTS ONLY: CONSUMER’S RIGHT TO CANCEL
This is a contract to which the Business Practices and Consumer Protection Act applies.
You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of the contract. You do not need a reason to cancel.
If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation.
If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.
To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, facsimile, or by personal delivery.
If you send notice of cancellation by mail, facsimile or electronic mail, it doesn’t matter if the seller receives the notice within the required period as long as you sent it within the required period.
FOR ONTARIO CONTRACTS ONLY: YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period.
If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.
If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.
In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.
To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.
If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier.
If the supplier requests in writing repossession of any goods that came into your possession under the agreement, you must return the goods to the supplier’s address, or allow one of the following persons to repossess the goods at your address: the supplier, a person designated in writing by the supplier.
If you cancel this agreement, you must take reasonable care of any goods that came into your possession under the agreement until one of the following happens:
- The supplier repossesses the goods.
- The supplier has been given a reasonable opportunity to repossess the goods and twenty-one (21) days have passed since the agreement was cancelled.
- You return the goods.
- The supplier directs you in writing to destroy the goods and you do so in accordance with the supplier’s instructions.
FOR QUEBEC CONTRACTS ONLY
STATEMENT OF CONSUMER CANCELLATION RIGHTS (Consumer Protection Act, section 58)
You may cancel this contract for any reason within 10 days after you receive a copy of the contract along with the other required documents.
If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel the contract within one year. You lose that right if you accept delivery after the 30 days. There are other grounds for an extension of the cancellation period to one year, for example if the itinerant merchant does not hold a permit or has not provided the required security at the time the contract is made, if the goods are never delivered or the services never performed, or if the contract is incorrectly made or worded. For more information, you may seek legal advice or contact the Office de la protection du consommateur.
If you cancel the contract, the itinerant merchant must refund all amounts you have paid, and return to you the goods received in payment, as a trade-in or on account; if the merchant is unable to return the goods, you are entitled to receive an amount of money corresponding to the value indicated in the contract or the cash value of the goods, within 15 days of cancellation. You also have 15 days to return to the merchant any goods you received from the merchant.
To cancel, you must return the items received from the merchant to the merchant or the merchant’s representative, send the merchant the cancellation form printed below, or send the merchant written notice of cancellation. The form or written notice must be sent to the merchant or the merchant’s representative at the address indicated on the form, or at any other address indicated in the contract. You must give notice of cancellation by personal delivery or by any other method that will allow you to prove that you gave notice, including registered mail, E-mail, fax and courier.
IDSEALSM PRO-TEC & ANTIVIRUS SOFTWARE END USER LICENSE AGREEMENT
You acknowledge and agree that certain of the Services rely on information and services we obtain from third parties (“Third Party Information”). To the extent that we are no longer able to obtain such Third-Party Information or that such Third-Party Information is erroneous in any way, You acknowledge and agree that IDSeal will not be liable to you for any such availability or lack of. Furthermore IDSeal shall not be responsible in cases where the Products or Services have been used in a different manner than specified by IDSeal, or in any other abusive, negligent or inappropriate manner or by third-party users of the license granted herein to the Licensee, whereby the Licensee shall be responsible for the use by such third parties and for all consequences resulting from such use.
Our products, including IDSeal Pro-Tec and IDSeal Antivirus, may need to send some private data as part of their core operation which you have subscribed to and elected to install and /or pay for as part of your premium license registration/subscription. Such data will be encrypted and sent to the configured party, and not to IDSeal or any other third-party. It is your responsibility to be aware of the security and privacy implications for the VPN configurations you use (such as encryption options and network routes) and the VPN servers you connect to. With the exception of the aforementioned processes, our products do not collect or send out any identifiable private data.
Virtual Private Network (VPN) – VPN service coverage, speeds, server locations, and quality may vary and be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed at either IDSeal’s or a Third Party Vendor discretion. IDSeal is not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. IDSeal may impose usage or Service limits, suspend Service, terminate VPN accounts, or block certain kinds of usage in its sole discretion to protect its users or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
IDSeal guarantees a strict no-logs policy for the VPN Service, meaning that the IDSeal VPN Service is provided by an automated process, and your activities while using it are not monitored, recorded, logged, stored or passed to any third party. We do not store connection timestamps, session information, used bandwidth, traffic logs, IP addresses or other data. However, to fight abuse and enforce proper license usage, an algorithm keeps their username and the timestamp of the last session status while the session is active. This data is deleted promptly after the session is terminated.
Our VPN feature is a derivative work of a VPN service provided by Private Communications Corporation, which utilizes OpenVPN as its underlying technology, an open source software that uses VPN techniques to create secure point-to-point or site-to site connections in routed or bridged configurations and remote access facilities. OpenVPN is licensed under both the terms of the OpenVPN license and GPLv2.
Your access to and use of the IDSeal Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the IDSeal Services to any users who infringe any applicable laws or these Terms for any reason, and/or for unlawful, illicit, illegal, criminal or fraudulent activities, or any other activity dimmed illegitimate at IDSeal’s discretion.
IDSeal’s Pro-Tec & IDSeal’s Antivirus products are premium-only, without a trial version, and as such, access is granted only to subscribers with a valid license provided at time of purchase. During installation, certain registry items as well as tasks and/or processes may be formed in order to assist the licensed user with proper product function. These items are solely for licensed users using the premium version of the product/s and not for users that have installed the trial version only, and can be removed by uninstalling the software. Installation and use of software outside of a paying subscriber is strictly prohibited.
IDSeal’s Antivirus leverages the Avira SAVAPI SDK package, which includes third-party code licensed for use and distribution under open source licenses that may include terms and conditions applicable to your use of IDSeal’s Antivirus.
User Account Control / UAC
UAC is a security feature of Windows which helps prevent unauthorized changes to the operating system by prompting the user for manual approval. IDSeal’s Pro-Tec & IDSeal’s Antivirus products may disable the UAC prompts relating only to the IDSeal’s Pro-Tec & IDSeal’s Antivirus products in order to increase the user’s convenience and solely for the purpose of better user experience and product ease of use. At any point you, the user, can uninstall the IDSeal’s Pro-Tec & IDSeal’s Antivirus product if you feel this is an inconvenience to you.
Version 1.3
Issue Date: September 23rd, 2020
Copyright © 2020 IDSeal, LLC
All Rights Reserved