Welcome to One-Time Secret! These terms of use (the "Terms of Use") are a legal agreement between you and One-Time Secret., a Montreal-based company ("One-Time Secret", "we", "us" or "our") setting forth, among other things, the terms and conditions for your access and use of the onetimesecret.com website, and any related sub-domains, operated by One-Time Secret (the "Website" or "OneTimeSecret").
PLEASE READ ALL THE TERMS OF USE CAREFULLY Use of the Website. By using the Website, you accept and agree to the provisions of the Terms of Use without any reservations, modifications, additions or deletions. If you do not agree to any provisions contained in the Terms of Use, you are not authorized to use the Website. You may be denied access to the Website, with or without notice to you if you do not comply with any provisions of the Terms of Use.
Amendments. We may from time to time modify the Terms of Use and will post a copy of the amended Terms of Use on the Website, so we encourage you to review them periodically. If we make any substantial changes to the Terms of Use, we will notify you by sending a notice to the email address specified in your account or by posting a prominent notice on our pages. If you do not agree to, or cannot comply with, the Terms of Use as amended, you are not authorized to use the Website. You will be deemed to have accepted the Terms of Use as amended if you continue to use the Website after any amendments are posted on the Website. We reserve the right to refuse to provide our Services to anyone at any time.
1. Resources Used for the Provision of Services
User accounts have fixed limits in order that we can provide a well functioning service for all users. We can disable your account should there be any attempt to use the service in a way that we deem to be unreasonable and that affects the usage of the service by others. What consists of 'reasonable use' is completely at our discretion and your account may be disbled without prior notice if your usage is disruptive and if deemed necessary to restore a quality of service.
2. Protection of Privacy, User Data
As spelled out in our Privacy Policy personal and account information will never be disclosed to third parties under any circumstances other than to respond to subpoenas, court orders, or other legal process, as required by law, or to establish or exercise our legal rights or defend against legal claims. We will never sell or share any of this data.
Once a secret has been recieved by a recipient, we have no way of retrieving said secret again, nor do we log or keep any data that tracks the sender or receiver's IP address beyond 14 days. Necessary data that attaches the contents of a secret to a user account is kept only until the secret is received, at which point it is destroyed permanently.
3. License, Restrictions and Prohibited Acts
Grant of License. One-Time Secret grants you a limited, nonexclusive, nontransferable, revocable license to access and make personal use of the Website and the Services in accordance with the terms set forth in the Terms of Use. One-Time Secret reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you under the Terms of Use, and any attempt to sublicense, assign, or transfer any part of your rights under the Terms of Use is void.
Restrictions and Prohibited Acts. So that the Website is available for all users to enjoy, you may not, and hereby represent, warrant and covenant that you will not or permit or enable third party to:
use the Website in any way that (i) violates the terms of the Terms of Use; (ii) is unlawful, harmful, threatening, tortious, defamatory, libellous, abusive, obscene, invasive of another's privacy, hateful, fraudulent or malicious; (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; (iv) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (v) interferes with or disrupts the Website or any server or network involved with the operation of the Website; or (vi) otherwise violates any local, national or other applicable law or regulation; use our Services to harm, in any way, the operation of any website that you do not own or operate, including, without limitation, by generating recurring traffic to such website through the conduct of tests using our Services; modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the content of the Website in whole or in part, except as expressly permitted; or use automated tools to operate the Services on the Website (scripts, etc.). Sanctions. ANY USE OF THE WEBSITE NOT SPECIFICALLY PERMITTED UNDER THE TERMS OF USE IS STRICTLY PROHIBITED AND MAY RESULT, AT ONE-TIME SECRET' DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND/OR THE BLACKLISTING OF YOUR IP ADDRESS.
Contact. Any misuse of the Services may be reported to abuse@onetimesecret.com.
4. Service Interruptions
Interruptions. You acknowledge that: (i) your access to and use of the Website and/or the provision Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Website and/or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any service; (b) in the event of a denial of service attack or other attack on the Website or other event that we determine, in our sole discretion, that a risk to the applicable service, to you or to any of our other users may be created if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions"). We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension.
Watch of Interruptions. To the extent we are able, we will endeavour to post updates on the Website regarding any Service Suspension and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
5. Security
Your Responsibility for Security. You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer while logged into the Website. You agree to accept responsibility for all activities that occur under your account or from your computer.
No Security Guarantee. We endeavour to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account or the personal information we collect, and we cannot promise that our security measures will prevent thirdparty "hackers" from illegally accessing the Website or its contents. You agree to immediately notify One-Time Secret of any unauthorized use or your account, or any other breach of security, and you accept all risks of unauthorized access to the Website, your Account Information and any other information you provide to One-Time Secret.
Disclaimer and Indemnity. One-Time Secret will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless One-Time Secret, its shareholders, officers, directors, agents, employees, partners and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
6. Payment
Service Providers. You understand and agree that all payment for your use of the Services will be handled by third party service providers such as Chargify.com and PayPal, which we may change from time to time. Your credit card information will NOT be stored by One-Time Secret but by such third party service providers. By subscribing to a paid account, you expressly authorize our payment partners to charge your credit card.
Billing Period. Paid accounts are billed on a monthly basis. Your account will be automatically renewed at the end of each billing period for an additional one-month period until you cancel your account. To avoid being charged for any subsequent month, you must cancel your subscription before the end of the current billing period (see "Cancelling Your Account and Refund" below).
7. Upgrading/Downgrading Your Account, Termination and Refund Policy
Changing Your Account. You may change your subscription plan at any time, and may incur additional fees if you upgrade your plan. If you have already been billed for the current month, you will not be charged for or receive the difference. If you have not been charged for the month, you will be charged the new plan amount.
Cancelling Your Account and Refund. You can cancel your account at any time by logging into your account, clicking the "Account" link in the user box at the top right, then clicking the "Cancel your account" link at the bottom of the page. You are responsible for the payment of any charges that have been incurred prior to the cancellation of your account. ANY PREPAID FEES WILL NOT BE REFUNDED. If you have not been charged for the month, you will not be charged.
Termination by One-Time Secret. One-Time Secret may terminate your account immediately upon notice to you (i) in the event of breach or violation of the Terms of Use by you, including without limitation for nonpayment of any fees owed by you in connection with your use of the Services or (ii) as set forth in the section "Warranty Disclaimer" (see paragraph 9 below). ANY PREPAID FEES WILL NOT BE REFUNDED.
Surviving Obligations. All provisions of the Terms of Use which by their nature should survive expiration or termination shall survive the expiration or termination of the Terms of Use, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have to One-Time Secret, including without limitation any indemnification obligations contained herein.
8. Intellectual Property
Trade-marks and Copyright. The following are trade-marks (registered or not) of One-Time Secret: "One-Time Secret", "OneTimeSecret" as well as certain other One-Time Secret trade-marks, service marks, graphics, and logos (collectively, the "Trade-marks") used in connection with the Website and the provision of Services. The Website may also contain third-party trade-marks, service marks, graphics, and logos (collectively, the "Other Trade-marks"). All content displayed on the Website as well as all the software (including any source code) used in connection with the Services is the exclusive property of One-Time Secret or third parties and is protected by copyright laws.
No License. Nothing appearing on the Website will be construed as granting you any license, right, title or interest relating to the Trade-marks, the Other Trade-marks or other intellectual property used in connection with the Website and/or the Services (collectively, the "Intellectual Property") and the Intellectual Property remains the exclusive property of One-Time Secret or owners. You agree not to copy, reproduce or use any Intellectual Property without our prior written consent; however, the open source tool used to create the Services is available via the MIT licence (for more information on the MIT license terms, click here).
Feedback. If you choose to communicate to us suggestions for improvements to the Website (collectively, "Feedback"), we shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all you moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) One-Time Secret is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) One-Time Secret shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) One-Time Secret may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation or reimbursement of any kind from One-Time Secret under any circumstances.
9. Disclaimers
"AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONE-TIME SECRET DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. ONE-TIME SECRET MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ONE-TIME SECRET DISCLAIMS ANY LIABILITY RELATING THERETO.
Warranty Disclaimer. ONE-TIME SECRET MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, ONE-TIME SECRET MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF ONE-TIME SECRET ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
10. Limitation of Liability and Indemnity
Limitation of Liability. IN NO CASE WILL ONE-TIME SECRET, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF ONE-TIME SECRET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT WILL ONE-TIME SECRET' AGGREGATE LIABILITY FOR ANY CLAIMS RESULTING FROM YOUR USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) EXCEED (I) CAD$600, IF YOU DO NOT HAVE A PAID ACCOUNT OR (II) THE FEES YOU PAID DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, IF YOU HAVE A PAID ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Indemnity. YOU WILL INDEMNIFY AND HOLD ONE-TIME SECRET, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS AND EMPLOYEE HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERS' FEES) ARISING OUT OF (I) YOUR BREACH OF THESE TERMS OF USE; (II) ANY DAMAGES BY YOU OR YOUR USE OF THE WEBSITE CAUSED TO A THIRD PARTY; OR (III) YOUR USE OR MISUSE OF THE WEBSITE AND/OR THE SERVICES.
11. Privacy Policy
Your use of the Website is also subject to One-Time Secret Privacy Policy (the "Privacy Policy"), which is incorporated by reference and made a part of the Terms of Use. It is important that you read and understand the terms of our Privacy Policy.
12. General
No Partnership. No agency, partnership, joint venture, or employment is created between you and One-Time Secret as a result of the Terms of Use and you do not have any authority of any kind to bind One-Time Secret in any respect whatsoever.
Applicable Law; Jurisdiction. The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, applicable to agreements made and entirely to be performed within the Province of Québec, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the federal or provincial courts located in Québec (district of Montreal), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms of Use.
Severability. If any of the provisions of the Terms of Use or their application is found to be invalid under any applicable statute or rule or law, they are, to that extent, deemed omitted and the validity of the other provisions of the Terms of Use will not be affected.
Questions. If you have any questions regarding the Terms of Use or wish to report any issue relating to the Website, its content or the Services you were provided, please contact us by email at chris@onetimesecret.com.
