Developer Terms of Use

Last updated: November 2, 2020

 

These Hypersecu Developer Terms of Use (“Agreement”) are made between you (“you,” “your”) and Hypersecu Information Services Inc (“Hypersecu,” “we,” “our” or “us”) governing your use of Hypersecu’s software development kit files, tools, programs and utilities, as well as any plug-in or other application programming interfaces (“APIs”), sample code (including runtimes and libraries) and related documentation (collectively “Developer Tools”). Please read this all the terms of the Agreement carefully. To access the Developer Tools, you must accept all the terms of this Agreement.


I. Access to Developer Tools

 

(a)    General


You may not use Hypersecu Developer Tools if you are not of legal age to form a binding contract with Hypersecu, you determine that you are unable to comply with these Terms of Use, or  you are a person barred from using or receiving Developer Tools under the applicable laws of Canada or other countries including the country in which you are resident or from which you use the Developer Tools.


(b)    Entity Access


If you are accessing Hypersecu Developer Tools on behalf of a company, entity, or organization (collectively “entity”), then you represent and warrant that you: (a) are an authorized representative of that entity with the authority to bind such entity to the Terms; (b) have read and understand the Terms; and (c) agree to these Terms of Use on behalf of such entity. All references to “you” in these Terms of Use will also refer to that entity.


(c)    Access Revocation


We reserve the right to revoke your access to the Hypersecu Developer Tools without prior notice if we determine your use violates the Terms or is otherwise objectionable as determined in Hypersecu’s sole discretion.

II. Use of Developer Tools

(a)    Your End Users


You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms


(b)    Compliance


All applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws) must be complied with by when accessing our Developer Tools. Developer Tools must not be used to promote illegal activity or violate third party rights. You will not violate any other terms of service with Hypersecu.


(c)    Limitations


We reserve the right to set and enforce limitations on the Developer Tools, at our sole discretion. When accessing and using the Developer Tools, you agree to these limitations and will not circumvent, or attempt to circumvent, the limitations set out in regard to the Developer Tools or in the Terms of Service, except where explicitly approved in writing by Hypersecu.


(d)    Communications


We may send communications in relation to your use of our Developer Tools. Please communicate with us directly, in writing via email, to opt out of any communications you do not wish to receive.


(e)    Distribution


Distribution of any products or applications built based on the Developer Tools are subject to the applicable laws of Canada, or other countries including the country in which you are resident or from which you use the Developer Tools.


(f)    Ownership


Hypersecu does not acquire ownership in the applications or products developed by you using our Developer Tools. By using our Developer Tools, you also do not acquire ownership of any rights in our Developer Tools or the content provided or accessible through our Developer Tools.

(g)    Security


You agree to implement and maintain appropriate technical, physical, and organizational measures to protect confidential Hypersecu data and information against unauthorized or unlawful processing and against unauthorized loss, destruction, damage, alteration, or disclosure in the same manner that you would protect your own confidential and proprietary information but in no event using less than a reasonable degree of care.
 

III. Prohibitions and Restrictions

When using our Developer Tools, you will ensure you and others, including entities and related entities to you, will follow the restrictions set out below and agree not to:


a. Use the Developer Tools for any illegal purposes, or in any manner which would violate these Terms, or breach any laws or regulations regarding privacy or data protection, or violate the rights of third parties or expose Hypersecu to legal liability.
b. Remove any legal, copyright, trademark or other proprietary rights notices contained in or on materials you receive or access pursuant to these Terms, including, but not limited to, all content related to the Developer Tools.
c. Reverse engineer or attempt to extract the source code from any Developer Tools or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
d. Remove, obscure, or alter any Hypersecu Terms of Service or any links to or notices of those terms.
e. Associate, imply, or otherwise suggest an endorsement, tie-in, co-branding, or promotion of any brand, service, website, product, or offering with or by Hypersecu, except where allowed by the Branding Guidelines.
f. Misrepresent or mask your identity when using or accessing the Developer Tools, including but not limited to during any communications with Hypersecu.
 

IV. Termination

 

(a) Termination

 

These Terms of Use will apply for as long as you access the Hypersecu Developer Tools and use the applications and products that have been developed using our Developer Tools. To terminate these Terms of Service, you must give us notice in writing and cease access and use of all Developer Tools, including any products and applications that have been developed using the Developer Tools. We reserve the right to contact your end users to notify them of the termination of your right to use our Developer Tools.

(b) Survival

Upon termination, the terms that by their nature are intended to continue indefinitely will continue to apply.


V. Disclaimer

 

HYPERSECU DEVELOPER TOOLS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. HYPERSECU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF USE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE DEVELOPER TOOLS OR ANY INFORMATION REQUESTED OR OBTAINED THROUGH THE USE OF HYPERSECU DEVELOPER TOOLS, OR THAT SUCH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE HYPERSECU DEVELOPER TOOLS, AND ANY INFORMATION REQUESTED OR OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.


VI. Limitations

WHEN PERMITTED BY LAW, HYPERESCU, AND HYPERSECU’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HYPERSECU, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE DEVELOPER TOOLS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE DEVELOPER TOOLS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
IN ALL CASES, HYPERSECU, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

LINKS
CONTACT

Phone: +1 (604) 279-2000

Email: info@hypersecu.com

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