Scytáles ID Terms And Conditions of Use
The Terms and Conditions of Use (hereinafter “Agreement”) is a binding agreement between you (“End User” or “you”) and Scytáles AB (“SCY,” “Company”, or “we”). This Agreement governs your use of the Scytáles ID application on your mobile device, desktop computer, tablet computer, or other electronic devices, as well as Company’s provision of services to You through your use of the application (collectively, and including all related documentation, the “Application”). The Application is licensed ONLY, not sold to you.
BY DOWNLOADING, INSTALLING, ACCESSING, STORING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, STORE, OR USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE.
1. Data Security. You acknowledge that when you download, install, access or use the Application you are accepting the risks and responsibilities associated with storing your mobile identification/mobile driver’s license (“mID/mDL”) on a mobile device. This includes the risk of having information regarding the mID/mDL transmitted via the internet and stored in Company’s mobile administrator platform. While Company has taken reasonable precautions in accordance with international standards to protect all mID/mDL data, You acknowledge there are still risks to having mobile access to a mID/mDL. Furthermore, you acknowledge that by allowing someone physical access to your mobile device or leaving your mobile device unlocked or unattended creates the opportunity for someone to view the contents of the Application.
You must exercise similar effort and caution used to protect your physical identification documents as you use to protect your mID/mDL in the Application.
In an effort to ensure the highest level of protection provided for your mID/mDL, you are encouraged to:
a. Establish and maintain a strong passcode for your mobile device;
b. Install all operating system and software updates for mobile platforms in a timely manner;
c. Use the Application only when connected to a trusted network; and
d. Ensure you have securely erased your data and settings on your mobile device prior to releasing for sale, trade-in, gift, provider maintenance, etc.
Finally, you acknowledge that any actual or attempted use of the Application from a “Rooted”, “Jailbroken”, or otherwise modified mobile device, exposes your mID/mDL to being stolen by cyber criminals, hackers, etc. If we believe your device, account, or online behavior has been compromised, your account and services will be suspended until such a time it can be can be properly reviewed and reinstated.
3. Authorization to Obtain Information from the Issuer. In order to supply users with a correct and complete mID/mDL, it is necessary for the Company to obtain certain personal information of the user from the organization or agency responsible for issuing your identification or driver’s license documents (the “Issuer”). This information may include, but is not limited to, user name, address, date of birth, driver’s license number, and other identifying information. By your use of the Application, you hereby authorize the Company to access this personal information from the Issuer and to provide that information to you through the Application. You understand, agree, and acknowledge that this authorization is continuous as long as you continue to use the Application.
4. Use of the mID/mDL. In certain circumstances, the mID/mDL in the Application may be accepted as valid identification or driver’s license information in lieu of a physical identification or driver’s license document. You may, however, be required to produce a physical identification or driver’s license document in accord with applicable rules, regulations, and laws, and be subject to any consequences for the failure to produce such identification or license. You are solely responsible carrying such physical identification or license document as necessary, and COMPANY DOES NOT GUARANTEE OR CERTIFY THAT THE APPLICATION’S OPERATION WILL BE FREE FROM INTERRUPTION. IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING BUT NOT LIMITED TO INABILITY TO ACCESS THE mID/mDL WHEN REQUESTED.
5. License Grant. Subject to the terms of this Agreement, Company grants you a personal, non-sublicensable, non-transferable and non-exclusive terminable license to download, install, access and use the Application for your personal, non-commercial use on a single mobile device, desktop computer, tablet computer, or other electronic device used, owned, or otherwise controlled by you (“Device”) strictly in accordance with the Application’s documentation. All rights relating to the Application that are not expressly granted in these Terms, whether now existing or which may hereafter come into existence are reserved by Company and its licensors. You shall not remove, obscure, or alter any proprietary rights notices (including without limitation copyright and trademark notices) which may be affixed to or contained within the Application.
6. License Restrictions. You shall not:
a. copy the Application, except as expressly permitted by the Agreement;
b. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code, confidential algorithms or techniques of the Application or any part thereof;
c. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
d. transfer, rent, lease, lend, sell, resell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
e. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application;
f. unfairly mischaracterize the goodwill nature of the application, its use in reviews, articles, social media posts, or public statements;
g. use the Application for any illegal purpose, in any manner that is inconsistent with these Terms, or engage in any illegal activity;
h. use any third party licensed component of the Application separate and apart from the Application;
i. circumvent, disable or otherwise interfere with security-related features in the Application;
j. use the Application in any manner which could damage, disable, overburden, or impair Company’s system, services or servers or interfere with any other party’s use and enjoyment of the Application or related services.
7. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold to you. You do not acquire any ownership interest in the Application under this Agreement or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title
and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
8. Compliance with Local Laws. You acknowledge that Company may restrict access to the Application to IP addresses located within certain countries or regions. You acknowledge that you may not be able to access all or some of the services provided by the Application in all countries, and that access may not be legal by certain persons or in certain countries. You are solely responsible for complying with all local laws regarding your use of the Application.
9. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. Updates will be periodically applied to the server which may cause brief interruptions of service. To the extent possible, You will be given notification of any upcoming updates prior to the application of that update. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
a. the Application will automatically download and install all available Updates;
b. you may receive notice of or be prompted to download and install available Updates; or
c. you may learn whether updates are available through the retailer from where you obtained the Application.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
10. Intellectual Property Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under this Agreement. Company and its licensors and service providers reserve and shall retain the entire right, title, and interest in and to the Application and all Intellectual Property Rights arising out of or relating to the Application, including all right, title and interest in and to any derivative works, translations, or any other modifications thereof, except as expressly granted to you in this Agreement. You shall use commercially reasonable efforts to safeguard the Application (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. You shall promptly notify Company if you become aware of any infringement of Company’s Intellectual Property Rights in the Application and fully cooperate with Company, at Company’s expense, in any legal action taken by Company to enforce its Intellectual Property Rights.
11. Trademarks. The trademarks, service marks, and logos (the “Trademarks”) of Company that are used and displayed in connection with the Application are registered and unregistered trademarks or service marks of Company, its licensors or partners. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any rights to use any Trademark displayed in connection with the Application without the prior written consent of Company for each such use. The Trademarks may not be used to disparage Company or the applicable third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Company’s prior written consent. All goodwill generated from the use of any Company owned Trademark shall inure to Company’s sole benefit.
12. Third Party Materials. The Application may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
13. Term and Termination.
a. The term of Agreement commences when you access, download, install, or use the Application and will continue in effect until terminated by you or Company as set forth in this Section.
b. You may terminate this Agreement by ceasing all access of the Application and any copies of said Application stored on your Device.
c. Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
d. Company may terminate this Agreement if you fail to pay the license fee as established by Company.
e. Upon termination:
i. all rights granted to you under this Agreement will also terminate; and
ii. you must cease all use of the Application and delete all copies of the Application from your Device and account.
f. Termination will not limit any of Company’s rights or remedies at law or in equity.
14. Reliance on the Information Provided. The information provided to you through the Application is made solely for your information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and nothing in the Application is intended to constitute professional legal advice. Any reliance you place on such information is strictly at your own risk. We disclaim any and all liability and responsibility arising from any reliance placed on such materials by you or any other Application user, or by anyone who may be informed of any of its contents.
15. Disclaimer of Warranties. THE APPLICATION, INCLUDING COMPANY’S PROVISION OF SERVICES AS PART OF THE APPLICATION, ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION OR COMPANY’S PROVISION OF SERVICES TO YOU, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION, INCLUDING COMPANY’S PROVISION OF SERVICES AS PART OF THE APPLICATION, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, BE FREE FROM VIRUS, MALWARE, OR OTHER VULNERABILITIES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS
AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability. IN NO EVENT WILL COMPANY, ITS AFFILIATES, ISSUER, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR COMPANY’S SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF COMPANY, ITS AFFILIATES, ISSUER, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHTALL THE LIABILITY OF COPMANY, ISSUER, OR THEIR RESECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDORS IN CONNECTION WITH ANY DAMAGES, LOSSES AND CAUSES OF ACTION RELATED TO THE APPLICATION OR ANY OF COMPANY’S SERVICES EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION AND LIMITATION IN THE PRIOR PARAGRAPH.
18. Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this
Agreement. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Application.
19. Compliance with Applicable Laws. The Application may be subject to export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval) prior to exporting, re-exporting, releasing or otherwise making the Application available in any jurisdiction in which export, re-export or release is prohibited by law, rule or regulation.
20. U.S. Government Restricted Rights. The Application is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Application by the Government constitutes acknowledgement of Company’s proprietary rights in the App as commercial computer software.
21. Third Party Licensors – Intended Third Party Beneficiaries. Portions of the Application may include certain software programs owned by and licensed from third parties. User acknowledges and agrees that such third party licensors are intended third party beneficiaries under this Agreement. Accordingly, in the event of any breach of this Agreement by You that would violate any agreement between Company and such third party licensors, such third party licensor shall have an independent cause of action and standing against You for breach of this Agreement.
22. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
23. Governing Law. This Agreement is governed by and construed in accordance with the laws of the Kingdom of Sweden without giving effect to any choice or conflict of law provision or rule. All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a sole arbitrator appointed in accordance with the said Rules. The language of the arbitration shall be English, and the place of arbitration shall be Stockholm, Sweden. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
24. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
26. Waiver and Invalidity. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. If any provision of this Agreement is found to be invalid by an arbitrator or any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.