SlashNext User Terms of Service
Effective Date: July 19, 2022
These SlashNext User Terms of Service (the “Terms”) are a legal contract between you and SlashNext, Inc., a Delaware corporation (“SlashNext“, “we“, or “our“).
These Terms apply to you insofar as you proceed with the download, installation, and use of one or more SlashNext mobile applications or other downloadable software (“SlashNext Apps”) for use with SlashNext’s security Services(collectively with the SlashNext Apps, the “Services” or “SlashNext Services”) for either (a) your personal or household use, or (b) as a result of your employment by an organization (the “Employer”) that requires or permits all or some of its workforce to install the SlashNext Services on its computers and/or mobile devices. These Terms govern your access to, and your use of, the SlashNext Services. By using the SlashNext Services, you agree to be bound by these Terms.
You may use the SlashNext Services only if you have the capacity to form a binding contract with SlashNext and if you are not barred from receiving service under the laws of the United States or other applicable jurisdiction. You may use the SlashNext Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
1. SlashNext’s Rights
a. License: SlashNext grants you a personal, non-exclusive, non-transferable, non- sublicensable, revocable license to download and use the SlashNext Apps solely on your personal devices or, if you are receiving the SlashNext Services via your Employer, on devices provided or approved by your Employer, solely for use in connection with the SlashNext Services in accordance with these Terms. SlashNext also grants you a persona, non-exclusive, non-transferable, non-sublicensable revocable license to access and use the SlashNext Services for the periods authorized by your Employer or for the periods of subscriptions purchased by you for your personal or household use.
b. SlashNext Retains All Rights: All right, title, and interest in and to the SlashNext Services are and will remain the exclusive property of SlashNext. SlashNext Services are protected by intellectual property laws and other proprietary rights of the United States and foreign countries. SlashNext grants you no license to the SlashNext Services or any other SlashNext content beyond what is expressly granted in these Terms nor any rights to use or appropriate, in any manner, the SlashNext trademarks, logos, domain names, or any other intellectual property or brand features of SlashNext.
c. Modification of SlashNext Services: We reserve the right to modify, suspend, or cancel the SlashNext Services (or any features within the SlashNext Services) at any time and for any reason. When we do so, we may notify you through the e-mail you provided to us, or your organization may so inform you.
d. Feedback: If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you.
2. Restrictions on Your Use of the Enterprise Services
a. The Integrity of Your Account: You must ensure that all information relating to your account (i.e. password and any login credentials) is kept secure, accurate and up to date at all times. You are solely and fully responsible for all activities that occur under your account and we will not be liable for any damages or liability resulting from your failure to keep your account information accurate, up to date, or secure. Should you suspect that any unauthorized party may be using your account, or you suspect any other breach of security, you agree to contact us immediately.
b. Compliance with Laws: You may not use the SlashNext Services in any way that violates any laws, regulations, or these Terms, harms any person, or infringes any person or entity’s rights (including intellectual property and other proprietary rights). In addition, without limitation, when using the SlashNext Services you may not:
- Hack or interfere with the SlashNext Services, its servers or any connected networks.
- Adapt, alter, license, sublicense or translate the SlashNext Services for your own personal or commercial use.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by SlashNext.
- Register under different usernames or identities, after your account has been suspended or terminated.
c. Restrictions on Use: You are permitted to access and use the SlashNext Services only through the means we expressly provide to you. You are not allowed to circumvent or disable the SlashNext Services or any technology, features, or measures included in the SlashNext Services for any reason, except as permitted by law.
d. SlashNext Intellectual Property: The license granted to you in these Terms is solely for the purpose of allowing you to use the SlashNext Services. You may not violate any exclusive rights that we have under any intellectual property or other proprietary rights laws. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any part of the SlashNext Services, including executable and configurable content, except as permitted by law.
e. Use of SlashNext Services: You may only use the Services to secure your device(s). You may not execute the SlashNext Services in any other environment, (e.g., in an emulated environment), use the SlashNext Services as a research tool or in any other way to develop or support another product, or use results derived from the use of the SlashNext Services for any purpose, (e.g. to verify a set of known results or to scan, power, or support any other services), without our explicit written consent. Contact us at product.support@SlashNext.com to request such access.
f. Transfer of SlashNext Services Prohibited: You may not sell, transfer, or allow any other person to access your account password or SlashNext Services account. You may not provide information that is false, misleading or inaccurate, or imply affiliation with a company or organization to which you are not affiliated.
3. Using SlashNext Services for Employer
Your use of the SlashNext Services must comply with your Employer’s terms and policies and your use of the SlashNext Services is subject to your Employer’s control. Your Employer may see the security status of your device. By using the SlashNext Services you acknowledge your understanding and acceptance that your Employer will have access to information about malicious applications, and other relevant information, on your device, including information that you may consider personal or private, or that may be considered personal and private by law, including without limitation, information considered “customer proprietary network information” as defined by the Telecommunications Act of 1996 as thereafter amended (collectively, “User Information”). By using the SlashNext Services, you agree that SlashNext shall not be liable in any manner for your Employer’s access to, and potential use of, information obtained through the SlashNext Services. You hereby authorize SlashNext and your Employer to exchange, use, disclose and transmit User Information as necessary for (i) SlashNext to perform services for your Employer, (ii) your Employer to enforce its employee mobile device policies and procedures; (iii) your employer to seek or purchase appropriate plans for your device consistent with Employer’s policies or procedures; and (iv) for other legitimate business purposes, including the preparation and commercialization of “aggregate customer information” as defined in the Telecommunications Act of 1996 as hereafter amended. In consideration for the rights granted by SlashNext to you to use the SlashNext Services, you hereby unconditionally release SlashNext from any and all liability related to the foregoing uses of User Information, including in connection with any disciplinary action, termination or other claim which you may have against your Employer as a result of the use of the SlashNext Services and collection and transmittal of User Information to your Employer or other third parties at your Employer’s direction.
5. Termination and Suspension of Your Account
We may terminate or suspend your access to the SlashNext Services without prior notice, and without liability, at our sole discretion, for any reason, including but not limited to our good faith belief that (a) you have violated these Terms, or (b) your use of the Services causes legal liability to us or disrupts others’ use of the Services, (c) if your Employer directs us to cease the provision of the SlashNext Services to you or if the agreement between SlashNext and your Employer terminates, expires, not renewed or suspended for any reason. We will make a reasonable attempt to notify you of any termination or suspension of your access to the SlashNext Services by contacting you through the email address associated with your account. These remedies are in addition to any other remedies SlashNext may have at law or in equity. Even after your right to use the SlashNext Services is terminated or suspended, these Terms shall remain enforceable against you.
6. Disclaimers, Indemnity, and Limitations of Liability
1. THE SLASHNEXT SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH THE SLASHNEXT SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLASHNEXT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, DISTRIBUTORS, AND LICENSORS (COLLECTIVELY, “SLASHNEXT ENTITIES”) DISCLAIM ALL WARRANTIES (EXPRESS,IMPLIED, STATUTORY OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE, OR WARRANTIES REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.
2. WITHOUT LIMITING THE FOREGOING, NEITHER SLASHNEXT NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICES.
3. NEITHER SLASHNEXT NOR ITS LICENSORS SHALL BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THAT OF YOUR EMPLOYER.
4. SLASHNEXT AND ITS LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION OBTAINED IN CONNECTION WITH YOUR USE OF THE SERVICES WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
b. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, SLASHNEXT AND THE SLASHNEXT ENTITIES WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF THE SLASHNEXT SERVICES, EVEN IF SLASHNEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SLASHNEXT OR THE SLASHNEXT ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS EXCEED FIFTY U.S. DOLLARS ($50.00).
7. Governing Law and Jurisdiction
a. Contact Us: Our goal is for you to be happy and satisfied with your use of the SlashNext Services. If you have a dispute with SlashNext, you agree to contact us at product.support@SlashNext.com and attempt, in good faith, to resolve the dispute with us informally. If a dispute is not resolved within 60 days of notice, you or SlashNext may bring a formal proceeding.
b. Arbitration: To the extent allowable under the laws of your jurisdiction, any dispute, claim or controversy arising out of or relating to the use of the SlashNext Services, these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled by binding arbitration in San Jose, California, under the Rules of Arbitration of the American Arbitration Association by an arbitrator or arbitrators appointed in accordance with those rules. Judgment on the award may be entered in any court having jurisdiction.
c. Exception to Arbitration: Either party may bring a lawsuit in the federal or state courts of Santa Clara County, California solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of SlashNext’s intellectual property rights without first engaging in the informal dispute notice process described above.
d. Class Action Waiver: You and SlashNext agree that any arbitration will be limited to the dispute between SlashNext and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SLASHNEXT ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and SlashNext otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then it shall be reformed to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall continue to be valid and enforceable to the fullest extent permitted by law.
e. Governing Law: These Terms will be governed by the laws of the State of California, without regard to conflicts of law provisions. Both parties consent to the exclusive jurisdiction of the state and federal courts sitting in Santa Clara County, California for any actions not subject to arbitration and you and the Company agree to submit to the personal jurisdiction of such courts.
8. General Matters
a. Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from these Terms and these Terms will otherwise remain in full force and effect.
b. No Waiver: Our failure or delay to enforce a provision under these Terms is not a waiver of our right to do so in the future.
c. Assignment: These Terms and any rights and licenses that we grant to you may not be transferred or assigned by you, but may be assigned or transferred by SlashNext without restriction.
d. Entire Agreement: These Terms, together with the End User License Agreement entered into by and between SlashNext and the Employer constitute the entire agreement between you and SlashNext concerning the SlashNext Services. In the event of a conflict between the End User License Agreement and these Terms, the End User License Agreement controls. Where these Terms do apply, they supersede all prior or contemporaneous agreements between you and SlashNext.
e. Modification to Terms: SlashNext may modify these Terms from time to time in its sole and absolute discretion. You agree to be bound by any changes to these Terms if you continue to use the SlashNext Services. The most current version of these Terms will be located at https://www.SlashNext.com/terms-of-service.
f. Relationship of Parties: No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
g. Survival: The provisions that require or contemplate performance after the termination of these Terms, and all provisions relating to limitation of liability, disclaimers, and indemnification in these Terms will be enforceable regardless of the termination of these Terms.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE THAT MY USE OF THE SLASHNEXT SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS.
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