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Terms of Use

AGREEMENT TO TERMS

Welcome to Secutils.dev ("Company", “we”, “us”, or “our”)!

These Terms of Use (“Terms”, “Terms of Use”, “Terms of Service”) govern your use of our web pages, application and other services (“Services”), located at https://secutils.dev and operated by the Company.

Our privacy policy also governs your use of our Services and explains how we collect, safeguard and disclose information that results from your use of our web pages (“Privacy Policy”). Please read it here: https://secutils.dev/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, then you may not use the Services, but please let us know by emailing us at contact@secutils.dev so we can try to find a solution. These Agreements apply to all website visitors, users and others who wish to access or use our Services.

We reserve the right to withdraw, modify or amend our Services, and any service or material we provide via our Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, or the entire Services, to users, including registered users.

We will alert you about any changes by updating the "Last updated" date of the Agreements, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the Agreements to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreements by your continued use of the Services after the date such revised Agreements are posted.

PURCHASES

If you wish to purchase any product or service made available through our Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase. If you are paying by credit card, you authorize us to use a third-party to charge your Purchase payment for all fees payable during the Billing Cycle and you authorize us to use a third-party to process payments and consent to the disclosure of your payment information to such third-party, including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to our authorized third-party is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or Service availability, errors in the description or price of the product or Service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided in these Terms.

All fees are exclusive of taxes. You agree to pay any taxes applicable to your use of the Services. You will have no liability for any taxes based upon our gross revenues or net income.

SUBSCRIPTIONS AND CANCELLATIONS

Some of our Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”) and you will prepay fees for such a Billing Cycle pursuant to an order form hosted by an authorized third-party on our behalf (“Order Form”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription, and they will be specified on your Order Form.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. If you do not wish to renew your Subscription, you must give notice of non-renewal at least 60 days prior to the end of the current term. You may cancel your Subscription renewal either through your online account management page or by contacting the Company’s customer support team.

You may choose to cancel your Subscription early at your convenience, however, we will not provide any refunds of prepaid or unused portion of the Services, and you will pay all unpaid fee due through the end of the applicable Subscription term.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide the Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize the Company to charge all Subscription fees incurred through your Account to any such payment instruments.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

FEE CHANGES

The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

The Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of our Services after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

YOUR DATA

You own and retain all rights to your data. You grant permission to us and our licensors to use your data only as necessary to provide the Services to you and as otherwise permitted by these Terms. We may collect information and data about you when you interact with our Services as permitted by these Terms. We may use your data in an anonymized or aggregated manner for machine learning to support and improve certain product features and functionality within the Services.

CONTENT

Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, photos, works of authorship, creative works or other material (“Content”). You are responsible for Content that you post on or through our Services, including its legality, reliability, and appropriateness.

By posting Content on or through our Services, you represent and warrant that: (i) Content is yours (you own it or license it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, without any obligation for us to obtain consent of any third-party and without creating any other obligation or liability for us, (ii) the Content is accurate and that the posting of your Content on or through our Services does not and will not violate the privacy rights, publicity rights, intellectual property right, contract rights or any other rights of any person or entity, and (iii) your use of our Services complies with all and does not violate these Terms or any applicable laws, rule of regulations, and will not cause injury or harm to any person. We reserve the right to terminate the Account of any user found to be in breach of the foregoing representations.

LICENSE GRANT OF USER CONTENT TO COMPANY

You retain any and all of your rights to any Content you submit, post or display on or through our Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for the quality, safety, legality, truthfulness, or accuracy of any Content you or any third-party posts or transmits on or through our Services.

By posting Content using our Services you grant us the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to use, modify, publicly perform, publicly display, disclose, reproduce, copy, transmit, distribute and make derivative works of any and all portion of your Content for any purpose and in all formats, on and through our Services. You agree that this license includes the right for us to make your Content available to other users of our Services, who may also use your Content subject to these Terms. You further agree that the license includes the right to copy, analyze and use any of your Content as the Company may deem necessary or desirable for purposes of debugging, testing, fraud, security or providing support or development services in connection with the Service and future improvements to the Services.

The Company has the right but not the obligation to monitor and edit any and all Content provided by users.

In addition, Content found on or through our Services or Content that is provided to you in connection with the Services, including, but not limited to Content we create or license from third parties (“Company Content”), are the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use Company Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

INFRINGEMENT NOTIFICATIONS AND DMCA POLICY

We respect the intellectual property rights of others and ask our users to do the same. If you believe that your intellectual property rights have been infringed through user Content, please let us know by emailing us at contact@secutils.dev.

PROHIBITED ACTIVITIES

You may not use our Services in any way (directly or indirectly) to send, transmit, handle, distribute or deliver spam or unsolicited bulk emails in violation of the CAN-SPAM Act, the Canada’s Anti-Spam Legislation, GDPR (all as defined below) or any other applicable law or regulation. You agree that you will only send targeted, permission-based messages (including emails, text messages and other notifications) using our Service.

You agree to use our Service only in compliance with these Terms and all applicable laws, including but not limited to the CAN-SPAM Act of 2003 (as defined below), Canada’s Anti-Spam Legislation (as defined below), California Consumer Privacy Act, the European Union's General Data Protection Regulation 2016/679 (“GDPR”), regulations imposed by the Federal Trade Commission, and such other policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and email address registry laws, as applicable.

The Services are not designed to comply with industry-specific regulation such the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). You may not use the Services where your communications would be subject to such laws or in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

You may use our Service only for lawful purposes and in accordance with these Terms. When using our Services, you agree not to:

  1. Use our Service in any way that violates any applicable local, state or federal U.S. or international law or regulation, including jurisdiction specific prohibitions, as applicable.
  2. Use our Service to provide, sell or offer to sell (or services related to): pornography, escort services, illegal goods, illegal drugs, illegal drug contraband, pirated computer programs, instructions on how to assemble or otherwise make bombs, grenades or other weapons.
  3. Use our Service for the purpose of sharing adult content or services, or for the purpose of exploiting, harming, or attempting to exploit or harm children or individuals under the age of 18 in any way by exposing them or attempting to expose them to inappropriate content.
  4. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  5. Make improper use of our support services or submit false reports of abuse or misconduct.
  6. Use our Service to send material that is abusive, bigoted, prejudiced, racist, hateful, profane, obscene, violent, harassing, fraudulent, deceptive, misleading or otherwise illegal.
  7. Use our Service in a way that violates or infringes the copyright, trademark, patent, trade secret, intellectual property or other rights of another.
  8. Use the Services and/or the Content as part of any effort to compete with us.
  9. Use our Service to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  10. Use our Service in any way that infringes upon the rights of others, in any way that is illegal, threatening, fraudulent, or harmful, or in any way that is in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  11. Use our Service to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of our Service or expose them to liability.
  12. Use our Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
  13. Use any robot, spider, or other automatic device, process, or means to access our Service for any purpose, including monitoring or copying any of the material on our Service.
  14. Use any manual process to monitor or copy any of the material on our Service or for any other unauthorized purpose without our prior written consent.
  15. Use any device, software, or routine that interferes with the proper working of our Service, or otherwise attempt to interfere with the proper working of our Service.
  16. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  17. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Service, the server on which our Service is stored, or any server, computer, or database connected to our Service.
  18. Attack our Service via a denial-of-service attack or a distributed denial-of-service attack.
  19. Send any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
  20. Take any action that may damage or falsify the Company rating.

Use of our Services for any dealings, engagement, or sale, direct or indirect export or reexport of goods/services, linked directly or indirectly with the following jurisdictions: Cuba, Iran, North Korea, Syria, Russian Federation and the Crimea, Donetsk and Luhansk regions, is prohibited.

Please report any suspected abuse to contact@secutils.dev.

NO USE BY MINORS

Our Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of our Services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this Agreement and abide by all of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of our Services.

ACCOUNTS

When you create an Account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account or Subscription.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate Accounts, remove or edit Content, or cancel use of our Services and any Subscriptions in our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

Our Service and its features and functionality, including Company Content, Company trademarks, tradenames, logos, domain names and trade dress are and will remain the exclusive property of the Company and its licensors. Our Service is protected by copyright, trademark, and other intellectual property and other laws of the Federal Republic of Germany, United States of America and those of other countries. You acknowledge and agree that the Company and its licensors own all right, title, and interest in and to the Services, including all intellectual property therein, other than with respect to user Content. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Except as expressly granted in these Terms, all rights, title and interest in and to the Services and the Company intellectual property are reserved by Company.

SUBMISSIONS AND FEEDBACK

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Services (“Feedback”) directly at contact@secutils.dev. You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third-party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback. You hereby grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

THIRD-PARTY WEBSITES

Our Services may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

DISCLAIMER

THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, SAFETY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, AND TAKES NO RESPONSIBILITY FOR YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ACTIONS OR OMISSIONS; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS TO THE SERVICE, YOUR ACCOUNT OR CONTENT; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR YOUR ACCOUNT.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATIONS OF LIABILITY

EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES, CONTENT OR THIRD-PARTY WEBSITES, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

EXCEPT AS PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, USER CONTENT OR COMPANY CONTENT EXCEED FIVE HUNDRED EURO (€500).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Company and its respective vendors, affiliates and their officers, directors, representatives, employees, consultants, and agents (“Company Parties”) from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services or Company Content therein, (b) any Feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third-party, including intellectual property rights, privacy rights and rights of publicity. You agree to promptly notify Company of any third-party Claims and cooperate with the Company Parties in defending such Claims. You further agree that the Company Parties shall have the right to participate in the defense of any such Claim, subject to your indemnification obligation.

PUBLICITY

You agree that we may, but have no obligation, to identify you as a customer or subscriber and that the Company may, in its sole discretion, refer to you by name, trade name, trademark, logo and other proprietary marks or words, and may describe your business, in our marketing or publicity materials, on our website, and in press releases or other public statements. You hereby grant the Company a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use your name and any of your trade names, trademarks, logos and other proprietary marks or words pursuant to this Section. You can opt-out of this use by requesting opt-out by sending an email to a contact@secutils.dev.

TERMINATION

We may terminate or suspend your Account and bar access to the free services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your Account, you may simply discontinue using the Services. However, we will not provide any refunds of prepaid or unused Subscription fees.

Either party may terminate these Terms for cause, as to any or all Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors.

We may also terminate or suspend your Account and prevent your access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation:

  1. If you violate the Acceptable Use Policy or these Terms,
  2. If there are repeated instances of using our Service to post or transmit materials that infringe or are alleged to infringe on the copyright or trademark rights of any person or entity, or
  3. If we provide you a notice of non-payment of any amount due and you have not paid such amount within 10 days of such notice.

All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

SEVERABILITY

If any provision of these Terms is held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will remain in full force and effect.

WAIVER

No waiver by the Company of any term or condition set forth in Terms 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 of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

ACKNOWLEDGEMENT

BY USING OUR SERVICES OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AS MAY BE AMENDED FROM TIME TO TIME, AND AGREE TO BE BOUND BY THEM.

CONTACT US

Please send your Feedback, comments, requests for technical support by email to contact@secutils.dev.

Last updated: Mar 13 2024