Terms of service

At Secretly, our mission is to help our clients defend their apps against hacking and piracy. These terms of service (the “Terms”) govern your access to and use of our Services – to make sure our relationship goes smoothly and we are all happy with it, it is important that you read and understand everyone’s rights and responsibilities under these Terms:

• Terms of use: What for, when, and how you can use our Services.

• Subscriptions and payments: How subscriptions work and paid for.

• User data rights: How your information is handled and used.

• Confidential information: How sensitive information must be handled.

• Intellectual property: How intellectual property must be handled.

• Disclaimer of warranties: What warranties and guarantees we provide.

• Limitation of liability: When and how we assume responsibility.

• Indemnification: Who and how assumes responsibility for claims.

• Term and termination: When and how this Agreement starts and ends.

• General provisions: Miscellaneous terms and conditions.

• Contacts and communication: How to get in touch and stay up to date.

These Terms constitute a legally binding service agreement (the “Agreement”) between MightyBits Ltd (“we”, “us”, “our”), a technology company that represents and provides the Services, and registered in England and Wales under 15660991 number, and the “User” (“you”, “your”), accessing or using, together or separately, our information, products, websites, apps, frameworks, platforms, and features available through their use, as well as any other provided services (collectively the “Services”).

By accessing and using the Services, you agree to be bound by this Agreement. If you are not happy and do not agree with one or more provision in this Agreement, you should not use the Services. If you are accessing or using the Services on behalf of a company (such as your employer), or any other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to this Agreement, and “you”, “your”, and the “User” shall refer to that company or legal entity.

To access and use a part of our Services, including Subscription Services, you agree to create an account within the Services (the “Account”), and to make every reasonable effort, including following modern security best practices, to prevent any third party not authorized by us from accessing or using your Account. You agree to be solely responsible for maintaining the security and confidentiality of your Account’s login credentials, and for all conducts or activities exercised by your Account. You agree to immediately inform us if you learn of any unauthorized use of your Account.

You agree to use the Services only for purposes permitted by this Agreement and in accordance with any applicable law and regulation in relevant jurisdictions. If any information, data, content, material, or feature within our Services contravenes any law or regulation in your location when accessing them, then the Services are not intended for you and you should not use them – you are solely responsible for informing yourself of the laws of your jurisdiction and complying with them.

You are prohibited from using the Services in any manner that contributes to or substitutes the following conducts and activities:

• Copy, distribute, sell, rent, lease, lend, or make the Services available to any third party, or use the Services on a service bureau basis;
• Interfere with or impair the operation of the Services by any means, including introduction of viruses, malware, excessive usage, or network traffic;
• Reverse engineer, decompile, disassemble, alter, modify, or create derivative works from any part of the Services;
• Use the Services to build or support, or assist any third party in building or supporting, any product, service, or technology that could, directly or indirectly, compete with the Services;
• Use the Services for benchmarking or competitive analysis with respect to competitive or related products, services, or technologies, or disclose any performance information related to the Services to any third party.
• Infringe on intellectual property or other proprietary rights, or modify, remove, or obscure any copyright, trademark, patent, or other notices or legends that appear with the Services;
• Collect or process any Personal Data from the Services, or collect or disclose any information about, or interfere with or abuse, other Users of the Services;
• Use any automated methods to collect any content or data from the Services, including bots, scripts, or crawlers;
• Commit any unlawful activity, including fraud and violation of any laws, statutes, ordinances, or regulations;
• Commit any form of cyber offense, including unauthorized access to hardware, software, content, or data;
• Threaten, harass, or cause injury or damage to any person or property;
• Distribute ethnically, racially, or otherwise objectionable information;
• Distribute unsolicited, bulk, junk, spam, or chain email.

A part of our Services (the “Subscription Services”) is subject to the Subscription Fees and the User qualification, which requires the User to be a legal entity recognized by the international law, legally enabled to be bound by this Agreement, and located in a country or region supported by our Payment Processors for receiving payments.

You agree to pay all applicable subscription fees (the “Subscription Fees”) in exchange for the “Subscription”, which gives you the right to access and use the Subscription Services in connection with the User App during the “Subscription Term”, the period of one calendar year from the moment the Subscription Fees payment is made in full. The payment is considered made in full once the transferred funds reach us or a respective Payment Processor in full, subject to processing delays. The Subscription Fees are individual for each Subscription and each Subscription Term, and discussed and agreed upon confidentially with each User.

The “User App” refers to a software app characterized by unique features, a distinct marketing name, and one or more common technical identifiers. The User App may include different versions or builds, which may implement different licensing mechanisms or pricing models, or target different distribution platforms or operating systems.

The use of the Subscription Services under a specific Subscription is strictly limited to a single User App specified in the Account – you are prohibited from using the Services under that Subscription with any other app, as well as any framework, library, project, or source code shared with or used by any other app. To ensure compliance with this Agreement, we may monitor and analyze the usage of the Subscription Services, and reserve the right to suspend or terminate your access to the Services, if we detect or suspect you in breach of this Agreement.

Unless otherwise initiated by us or expressly agreed with us in advance and in writing, all fees associated with the Services, including the Subscription Fees, shall be paid in US dollars and exclude taxes, levies, and duties imposed by taxing authorities – the User shall be responsible for paying all such taxes, levies, and duties themselves, other than taxes based on our net income. We may suspend your Subscription until all outstanding payments are made in full.

All payments related to the Services, including the Subscription Fees, are processed and handled solely by our third-party payment processors (the “Payment Processors”) – we do not directly collect or process any payments from you, unless otherwise expressly agreed with us in advance and in writing. You agree not to hold us liable for any processing delays, or any payments that do not reach us or a respective Payment processor for any reason beyond our control, including incorrect payment information that you provide or a Payment Processor rejecting the payment for any other reason.

All payments are non-refundable and all sales are final. All invoices shall be issued in electronic form and sent to the email address specified in your Account.

The “User Data” refers to any information, data, content, or material owned or represented by you, and provided through your access or use of the Services, including any source code, but excluding, for clarity, Aggregate Data and any information, data, content, or material owned or represented by us, and made available through or in connection with the Services.

During the Subscription Term, you grant us and our Subprocessors a worldwide, royalty-free, fully-paid, non-exclusive, and non-transferable (except in compliance with the assignment section) license to use, copy, modify, distribute, and, otherwise, perform your User Data exclusively for the purpose of providing the intended services.

We shall have the right to collect, process, and analyze information, data, content, and materials related to the usage and performance of the Services, including data derived or aggregated from anonymized User Data, and usage and performance metrics (collectively the “Aggregate Data”).

The “Confidential Information” means any information that one party (the “Disclosing Party”) provides to the other party (the “Receiving Party”) in connection with this Agreement, and that is designated as confidential or reasonably can be considered as such, given the nature of the information or the circumstances of its disclosure.

Any non-public features of our Services, including all information, data, content, and materials accessible only after signing into the Account, such as documentation, apps, frameworks, and features available through their use, including any source code samples, generated source code, and obfuscated source code, are our Confidential Information that represents the part of our trade secrets. All User Data is Confidential Information of the User. All information related to this Agreement is Confidential Information of all Parties bound by it, including information about you using and us providing you with the Services.

Confidential Information excludes information that was rightfully known by the Receiving Party prior to receiving it from the Disclosing Party, was independently created by the Receiving Party without using the Disclosing Party’s Confidential Information, becomes disclosed through no act or failure to act by the Receiving Party, or was expressly approved in advance and in writing for disclosure by the Disclosing Party.

The Receiving Party shall maintain the Disclosing Party’s Confidential Information in strict confidence, and shall not use the Confidential Information of the Disclosing Party except as necessary to perform its obligations or exercise its rights under this Agreement.

The Receiving Party shall not disclose or support the disclosure of any Confidential Information of the Disclosing Party, except to those Representatives of the Receiving Party who genuinely need the Confidential Information to perform under this Agreement and who are bound by a written agreement with non-disclosure restrictions as protective as the ones in this Agreement.

The Receiving Party may disclose Confidential Information of the Disclosing Party if ordered by a court, administrative agency, or other governmental body, subject to the Receiving Party providing to the Disclosing Party a reasonable written notice to allow the Disclosing Party to seek a protective order or contest the disclosure.

Each party's obligation to not disclose Confidential Information shall last for five years from the date it was first disclosed to the Receiving Party, with exception to any Confidential Information that constitutes a trade secret, as determined by the applicable law – these non-disclosure obligations shall survive the termination and expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under the applicable law.

All graphics, logos, interfaces, artwork, images, videos, audios, text, marks, source code, compiled code, binaries, data, information, and other content, including the design, structure, selection, compilation, coordination, expression, look and feel, and arrangement of such content, available through our Services or used for their operation (collectively “Our Content”) is proprietary to us and our Representatives, with a limited exception for the content rightfully owned by other third parties.

Our Content is protected by applicable intellectual property laws and international treaties. You agree not to perform any action that may infringe on our intellectual property rights, including displaying, framing, performing, distributing, scraping, whether automated or manual, copying, translating, modifying, adapting, selling, renting, loaning, leasing, licensing, sublicensing, disassembling, decompiling, reverse engineering, creating derivative works based on Our Content, or granting any rights to Our Content to any third party, without our express prior written consent.

You also agree not to use the brand, word marks, or figurative trademarks associated with our Services in any way, including suggesting that we sponsor, endorse, or associate with you, without our express prior written consent.

The Services are offered on an “as is”, “as available”, and “with all faults” basis, without warranties of any kind, express or implied. While we endeavor to ensure the reliability and accuracy of our Services, we cannot guarantee that they will meet your specific requirements or expectations, and by using them you agree to do so at your own risk and discretion, and be solely responsible for assessing their suitability for your intended use and taking all necessary precautions.

We and our Representatives expressly disclaim all warranties, including any warranties of merchantability, fitness for a particular purpose, and non-infringement; warranties relating to effectiveness, ineffectiveness, performance, and nonperformance of the Services in connection with reverse engineering, piracy, and sales of the User App; warranties relating to delays, interruptions, errors, defects, viruses, or omissions in the Services; warranties relating to delivery and transmission of the Services; warranties relating to the accuracy or correctness of any information, data, content, or material within the Services; warranties relating to compatibility of the Services with any particular operation system and its updates; and any other warranties otherwise relating to effectiveness, ineffectiveness, performance, or nonperformance of the Services, and any acts or omissions by us or any third party.

No information obtained from us, our Representatives, or through our Services shall create a warranty not expressly stated in this Agreement. Unless otherwise expressly agreed with us in advance and in writing, neither our Representatives nor any third party shall have the right to modify this limited warranty or make any additional warranties.

In no event shall we or our Representatives be liable to you or any third party for a personal injury, or for any direct, indirect, consequential, punitive, special, or incidental damages whatsoever. This includes damages for loss of business, contract, revenue, data, or any commercial damage arising from or related to your use or inability to use the Services, third-party actions through the Services, delays or interruptions to the Services, or unauthorized access to your data. This applies regardless of the cause and theory of liability, whether in contract, tort or otherwise, and even if we have been advised of the possibility of such damages.

In no event shall our total liability to you or any third party for all damages and for all causes of action exceed the amount of one US dollar, and this limitation shall remain in effect even if the provided remedy does not fulfill its purpose. Any action brought against us in connection with our Services must be initiated and notified to us in writing within six months of the date the cause for action arose.

You agree to indemnify, defend, and hold harmless us and our Representatives (collectively, the “Indemnitees”) from any and all claims, fines, penalties, costs, expenses, damages, losses, or liabilities, including reasonable attorney and professional fees, that actually or allegedly result from your information, use of the Services, or your breach of this Agreement (collectively “Claims”).

You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee and for payment of damages or losses resulting from all Claims against any Indemnitee. Each Indemnitee shall have the right to participate with counsel of its own choosing. You agree not to settle on any Claim that imposes any obligation or liability on any Indemnitee without our prior express written consent.

We reserve the exclusive right to compromise, pay, and settle, without your consent, any Claim brought against us, and to assume the full control or defense, at your expense, of any matter for which you are required to indemnify us.

This Agreement is effective from the moment when you first access or use the Services and until this Agreement is terminated by either you or us. Should this Agreement be terminated, you must immediately cease all use of our Services and delete all copies of our apps in your possession.

Your rights under this Agreement shall be automatically terminated by us if you fail to comply with any provisions of this Agreement, including failure to pay the Subscription Fees and any other fees associated with your use of the Services. We reserve the right to suspend, terminate, modify, or delete your Account, and terminate or suspend your access to all or any part of the Services at any time, with or without reason, with or without notice, and without any liability to you whatsoever.

If you wish to terminate this Agreement, you can do so by discontinuing the access to and use of the Services, and deleting your Account.

Any provision in this Agreement, which, by its nature or plain meaning, is intended to be performed after or survive the termination, shall survive any termination or expiration of this Agreement, including this paragraph, terms of use, subscriptions and payments, user data rights, confidential information, intellectual property, disclaimer of warranties, limitation of liability, indemnification, general provisions, and contacts and communication.

This Agreement shall be exclusively governed by and construed in accordance with the laws of the England and Wales. You agree to resolve any disputes or claims arising out of or relating to this Agreement by means of amicable negotiations directly with us, and if the dispute or claim cannot be resolved through negotiations, it shall be submitted to the courts in England and Wales. If a court deems any provision of this Agreement, or part of it, unenforceable for any reason, the remainder of the Agreement shall remain in full force and effect.

A party’s failure to require performance of any provision of this Agreement shall not affect its right to require performance at any later time, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default.

If any provision of this Agreement is found to be invalid or unenforceable by a court, administrative agency, or other governmental body of a competent jurisdiction, then the invalid or unenforceable provision shall be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall remain in full force and effect.

The relationship between the parties to this Agreement (the “Parties”) shall be of independent contractors, and this Agreement shall not establish any other relationship between the Parties, including a joint venture, partnership, employment, franchise, or agency. Neither party has the right or authority to assume or create any obligation or responsibility on behalf of the other party without their express prior written consent. No provision of this Agreement is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any third party other than the Parties and their respective successors and permitted assigns.

We may assign, transfer, or delegate this Agreement, in part or in whole, to our successor by way of merger, acquisition, reorganization, or sale of stock or assets, at any time with or without your consent. You, however, may not assign, transfer, or delegate any rights or obligations under this Agreement without our express prior written consent, and any such unauthorized assignment, transfer, or delegation shall be void and ineffective. Subject to the above, this Agreement is binding upon and shall inure to the benefit of each of the Parties and their respective successors and permitted assigns.

To the extent caused by a hurricane, earthquake, or any other natural disaster, or act of God, terrorism, war, labor unrest, general failure of the Internet or relevant communication systems, or other forces beyond the performing party’s reasonable control, no delay, failure, or default, other than Users’s failure to make payments when due, shall constitute a breach of this Agreement. The performing party shall use reasonable efforts to minimize any delays and promptly inform the other party of their plans to resume performance.

We may modify these Terms at any time upon written notice to Users. The updated Terms will supersede all prior versions from the effective date of the change and your continued access to and use of the Services from that date means that you accept and agree to the updated Terms and the new Agreement. We may also modify the Services and its features, in part or in whole, at any time, with or without notice, and without any liability to you whatsoever.

You agree to our privacy policy included in this Agreement by reference and available at secretly.dev/privacy, which details our data processing practices, our responsibilities, as well as your rights and options.

Whenever the words “include”, “includes”, “including”, or “such as” are used in this Agreement, they should be interpreted as being followed by the phrase “without limitation”.

This Agreement constitutes the entire and exclusive understanding and agreement between you and us regarding your access to and use of our Services. This Agreement supersedes all earlier or concurrent writings, discussions, negotiations, and agreements related to its subject matter.

The use of paragraph headings and quotes in this Agreement is solely for convenience and shall not have any impact on the interpretation of any provisions.

You agree to send, receive, and conduct all communication with us required under this Agreement, including all notices, agreements, and disclosures, electronically via email, in writing, in English, and with reference to this Agreement. The date of sending the email will be considered the date of receipt.

Any notices to us must be sent to [email protected], and any notices from us, including notices regarding modifications to these Terms, will be sent to the appropriate email address specified in your Account, or through the Services, such as on-website posting or in-product messaging. You are solely responsible for keeping your contact information up to date and ensuring your email address can receive our communication without issues and delays.

We may update these terms of service over time to improve clarity, subject to the changes section – the latest version can always be found on this page at secretly.dev/terms.

If you have any questions or concerns about these Terms, please contact us at [email protected] – we’ll be happy to discuss them with you.