RYPT Website Terms of Use / RYPT

RYPT Website Terms of Use

PLEASE READ THE WEBSITE TERMS OF USE CAREFULLY

Last Modified: 10th May 2021

www.rypt.app (the “Site”) is a site operated by Flamenco IL Holdings Limited (“RYPT”, “we”, “us”). We are registered in the Republic of Ireland under the company registration number 620421 and have our registered office at 31 Tivoli Terrace East, Dun Laoghaire, Co. Dublin, A96 EK63, Ireland. RYPT operates the website (“Site”) that links to this Website Terms of Use to provide online access to information about RYPT and the products, and opportunities we provide. By accessing and using the Site, you agree to the Website Terms of Use. If you do not agree to the Website Terms of Use you must not use our Site.

The Website Terms of Use also refers to additional Terms which also apply to your use of the Site:

RYPT reserves the right to modify the Website Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Website Terms of Use as modified. The last date the Website Terms of Use were revised is provided above.

1. Permitted Use of The Site

You may use the Site, and the information, writings, images, and/or other works that you see, hear, or otherwise experience on the Site (the “Content”) solely for your non-commercial, personal purposes and/or to learn about RYPT products, and solely in compliance with the Website Terms of Use.

2. Prohibited Use of The Site

By accessing the Site, you agree that you will not:

a. Use the Site in violation of the Website Terms of Use.

b. Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so.

c. Sell, assign, sub-license, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content in any way.

d. Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the RYPT servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

e. Use the Site in any manner that damages, disables, overburdens, or impairs any RYPT website or interferes with any other party’s use and enjoyment of the Site.

f. Mirror or frame the Site or any part of it on any other website or web page.

g. Attempt to gain unauthorized access to the Site.

h. Access the Site by any means other than through the interface that is provided by RYPT for use in accessing the Site.

i. Use the Site for any purpose or in any manner that is unlawful or prohibited by the Website Terms of Use.

Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.

3. Copyrights and Trademarks

The Site is based upon proprietary RYPT technology which includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of RYPT or its licensors (if any). RYPT owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. RYPT, the RYPT logos, and other marks used by RYPT from time to time are trademarks and the property of RYPT. The appearance, layout, color scheme, and design of the www.rypt.app site are protected trade dress. A customer does not receive any right or license to use the foregoing. RYPT may use and incorporate into the Site or the RYPT Service any suggestions or other feedback you provide, without payment or condition.

4. Information and Materials You Post or Provide

You represent that you have all right, title, and interest to “Material” you post on the Site, including but not limited to any consent, authorization, release, clearance, or license from any third party (such as but not limited to, any release related to rights of privacy, or publicity) necessary for you to provide, post, upload, input or submit the Material, and that posting such Material does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Material is true and your own work or work you are authorized to submit, and that the posted Material do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide misleading information. You represent and warrant that the Material you supply does not violate these Website Terms of Use.

We will only use personal information as set out in our Privacy Policy, available here.

5. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by RYPT of the third party, the third-party web site, or the information there. RYPT is not responsible for the availability of any such websites. RYPT is not responsible or liable for any such websites or the content thereon. If you use the links to third party websites, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those websites.

6. Downloading Files

RYPT cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Disclaimers; Limitations of Liability

The Content on our Site is provided as general information only. It is not intended to amount to advice on which you should rely. You must obtain specialist or professional advice before taking or refraining from any action on the basis of the content on our site. THE CONTENT WE PROVIDE THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY TRAINERS, OTHER USERS OR THIRD-PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF: (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. RYPT CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE-RELATED QUESTIONS OR EMERGENCIES, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE RYPT CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF RYPT CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US. RYPT IS NOT A HEALTHCARE PROVIDER OR BUSINESS ASSOCIATE OF A HEALTHCARE PROVIDER.

RYPT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. RYPT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RYPT IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RYPT AND ITS SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF RYPT OR ANY OF RYPT’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, RYPT IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF RYPT AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED EUROS.

8. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless RYPT, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable lawyers’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of this Website Terms of Use.

9. Privacy

Your use of the Site is subject to RYPT’s Privacy Policy, available here.

10. Additional Terms of Service

If you are a customer of RYPT or an employee, representative or agent of a RYPT customer, your use of the Site is also subject to the Customer Terms of Use, available here.

11. General Provisions

a. Entire Agreement/No Waiver. These Website Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by RYPT of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. RYPT, therefore, reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. RYPT does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

c. Enforcement / Jurisdiction. If any part of this Website Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Website Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Website Terms of Use, RYPT’s Privacy Policy, your use of the Site, any other RYPT website, or the Content are governed by and will be interpreted in accordance with, the laws of the Republic of Ireland, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the courts in Ireland in the event of any dispute of any kind arising from or relating to these Website Terms of Use.