iAM - Terms of Use
These terms of use (the "Terms of Use" or "Agreement"), including our privacy policy, which is available at https://www.covrsecurity.com/covr-app-privacy-policy/ (the "Privacy Policy"), shall govern your use of the iAM | Digital Identity software ("iAM" or the "iAM App"), which is the property of Covr Security AB (org. no. 556999-2638) Nordenskiöldsgatan 24 211 19 Malmö, Sweden ("we" or "us"). By accepting these Terms of Use, you agree to all of the terms contained herein and in our Privacy Policy. If you do not agree to be bound by these Terms of Use, you may not use iAM.
1. VERIFICATION
1.1 You may only use iAM if you complete the verification process via your smartphone after installing the iAM App (the "Verification"). You may only complete the Verification and thereby use iAM if you unconditionally accept and agree to all the terms and conditions of the Terms of Use incorporating the Privacy Policy.
1.2 You accept that you can only complete the Verification and use iAM as a natural person in your own name and you may not register on behalf of any legal entities or other organizations.
1.3 You accept that you may complete the Verification and use iAM only if you are at least 16 years old.
1.4 You accept that you must provide us with your true, accurate and up-to-date phone number which is registered on your name for the purposes of the Verification. You undertake to update your phone number, if necessary. You accept that we are entitled to delete your account if the phone number you used for the Verification is false or fraudulent, or if you breach any of your undertakings in section 1.5 below.
1.5 You undertake that you shall not:
in any way use iAM to commit an identity theft, phising, skimming, credit card hijacking or any other unlawful, fraudulent or bad faith conducts, including attempts to such restricted acts;
(a) allow third party persons to use iAM on your smartphone that has undergone a Verification;
(b) complete a Verification if you are already restricted from using iAM.
1.6 You accept that you are responsible for keeping your password and your smartphone safe. You acknowledge that your password is not retainable from us. You undertake to immediately notify us if you suspect or experience any unauthorized use of iAM.
2. THE iAM APP
2.1 You are hereby granted, under the provisions of the Terms of Use, a non-exclusive, non-transferable, revocable, non-commercial, royalty free license to use and copy (for installing and back-up purposes) the iAM App for the purposes of safe identification with our partners.
2.2 You may not use, copy or transfer the iAM App, or part thereof, except as expressly permitted by this Agreement or by mandatory law. You may under no circumstances modify, develop or make additions to the iAM App.
2.3 You may not sub-license, rent, lend or otherwise permit a third party to, directly or indirectly, dispose of or otherwise use the iAM App.
2.4 You may not decompile, disassemble or reverse engineer the iAM App or by any other means try to recreate the source code of the iAM App, except as expressly permitted by mandatory law.
2.5 You may not alter or remove any proprietary rights notices on the iAM App, or on the media by which it is made available, regarding patents, copyright, trademarks or other intellectual property rights.
2.6 You acknowledge that ownership and all intellectual property rights in the iAM App, including but not limited to any patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall vest in us. Nothing in this Agreement shall be interpreted as a transfer of such rights to you. You are solely granted the limited license set out in this Agreement.
2.7 You accept that any report regarding the functionalities or operation of the iAM App or any idea, suggestion or information concerning iAM that you submit to us shall be vested in us and you are not entitled to any remuneration or endorsement thereof and you hereby waive any and all such rights.
3. GENERAL RULES FOR THE USE OF THE iAM APP
You undertake to use the iAM App only for the purposes of identification with our partners and you shall always use iAM in a lawful manner and in line with the provisions of the Terms of Use. You shall not:
(a) use bots, "framing" or "mirroring", or use the iAM App via the intervention of any automated means outside of the normal use carried out by a natural living person;
(b) spread or otherwise introduce viruses, spyware or any other harmful codes;
(c) monetize any features of iAM;
(d) circumvent restrictions or security features of iAM;
(e) access the features of the iAM App by any other means than via the interfaces provided by us;
(f) restrict another user from using or enjoying the features of the iAM App and you must not encourage violations of these terms of Use;
(g) attempt any of the foregoing restricted acts.
4. TERM AND TERMINATION
4.1 This Agreement enters into force on the day when you accept these Terms of Use and it remains in force until being terminated.
4.2 You may terminate this Agreement at any time.
4.3 We are entitled to terminate this Agreement if we suspend or otherwise cease to operate the iAM App subject to a prior notice.
4.4 We are entitled to terminate this Agreement with immediate effect and thereby block or delete your access if, in our sole discretion, we consider that you are non-compliant with any provisions of these Terms of Use.
5. THIRD PARTY SITES
The iAM App may include links to third party websites. Third party websites are beyond our control and any use of such websites is always at your own risk. We shall not be responsible for the content, functionality, accuracy, legality or any other aspect of third party websites. You further acknowledge and agree that we shall not be liable for any damage or loss caused by or in connection with the use of or reliance on any content of such third party websites.
6. PROCESSING OF PERSONAL DATA
iAM takes your privacy rights seriously and thus provides a high level of protection to your personal data. We may process your personal data in line with our Privacy Policy.
7. LIABILITY
7.1 You accept that you shall be solely liable for any and all conduct, information and data used, stored or transferred via the iAM App on your smartphone which has undergone a Verification, including but not limited to the decisions and identity verifications carried out via iAM and the consequences of the usage of the iAM App. You accept that we have no liability to any identity verifications or decisions that you make via such identity verifications, including but not limited to any and all consequences thereof.
7.2 You acknowledge that the operation of our partners are independent from us and thereby you accept that we have no liability for the purposes of verification or use of iAM by our partners.
7.3 To the fullest extent permitted by law, in no event will we, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, suppliers or licensors be liable for loss of profit, revenue, business savings or goodwill, loss of data, your obligation to compensate a third-party or any indirect or consequential damage. Our aggregate and total liability under these Terms of Use in respect of any one or more events or series of events (whether connected or unconnected) shall be limited to an amount equal to the fees paid for the use of the iAM App during the twelve (12) months immediately preceding the incident causing the loss.
8. INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify and hold us and any third parties harmless from and against all claims, damages, fines, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or in connection your conduct or use of the iAM App that is unlawful or is in breach of or otherwise non-compliant with these Terms of Use.
9. WARRANTY
9.1 We endeavor to provide the best service we can, but you understand and agree that the iAM App is provided to you "as is" with all faults and we expressly disclaim any and all warranties, including as regards fitness for purpose, availability, freedom from errors and bugs, or any correction of defects.
9.2 You acknowledge that use of the iAM App requires the conditions of the system specification to be met which is accessible at https://www.covrsecurity.com/covr-app/covr-requirements.
9.3 You accept that the iAM App may perform its full functionality only if you use the latest version of the iAM App, which requires you to update the iAM App from time to time.
10. ASSIGNMENT
We may assign the Agreement or any part of it, and we may delegate any of our obligations under the Agreement. You may not assign any of your rights or obligations under this Agreement to any third party.
11. AMENDMENTS
11.1 We reserve the right to amend these Terms of Use of which we shall inform you 30 days prior to such amendments entering into force ("Amendment Notice").
11.2 You accept that your continued use of the iAM App after the amendments have entered into force will constitute your acceptance of the amendments. Please therefore make sure that you read any Amendment Notice carefully.
12. ENTIRE AGREEMENT
This Agreement, incorporating the Privacy Policy which is accessible at https://www.covrsecurity.com/covr-app-privacy-policy/, constitutes all the terms and conditions agreed upon between you and us with respect to the iAM App and supersedes any prior agreements in relation to the subject matter of this Agreement, whether written or oral.
13. SEVERABILITY AND WAIVER
13.1 Unless as otherwise stated in the Terms of Use, should any provision of the Terms of Use be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms of Use, and the application of that provision shall be enforced to the extent permitted by law.
13.2 Any failure by us or any third party beneficiary to enforce the Terms of Use or any provision thereof shall not waive our or the applicable third party beneficiary's right to do so.
14. DISPUTES AND GOVERNING LAW
14.1 This Agreement and any non-contractual obligations arising out of or in connection with the same, shall be governed by and construed in accordance with the laws of Sweden, with the exclusion of its conflict of law rules.
14.2 You agree that the courts of Sweden shall have exclusive jurisdiction to hear and settle any dispute, controversy or claim (contractual or non-contractual) arising out of or in connection with this contract, or the breach, termination or invalidity thereof.