Diamond Secure Encrypted Communications
Terms of Services
These terms of service (“TOS”) are entered into between Diamond Secure hereafter referred to as (“Diamond Secure”, “we”, “us”, or “our”) and you (“Customer”, “you”, or “your”). You agree to be bound by these TOS when you, or your agent, click “I agree.” The date you agree to these TOS is the “Effective Date”. The entity set out in our records is considered by us to be our customers.
These TOS apply automatically to all Diamond Secure clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO DIAMOND SECURE’S SERVICES YOU ACCEPT THE POLICIES LISTED HERE IN AND AGREE TO RESPECT THEM. The Services are described as the package description presented on our web site and ordered by you.
If you are reselling the Service, or are an End User of a reseller, it is your obligation to ensure that our records accurately reflect ownership and control of the Service. If you are a reseller of our Services, these TOS contain provisions that you are required to apply to your customers (“End Users”). It is your responsibility to ensure that these provisions, or others no less protective of our interests, are included in the contracts and other agreements between you and your End Users. You are responsible for your End Users under these TOS. If you intend to resell the Services, you must also sign our Re-Seller Agreement.
These TOS may be amended by us. Except in an emergency, we agree to provide you with thirty days’ notice prior to the effective date of any amendment. Notice will be provided to you through your control panel. If the amendment materially affects your ability to use the Services, you may terminate your use of the Services and these TOS by providing us with written notice prior to the Effective Date of the amended TOS, or, if we have amended the TOS without prior notice because of an emergency, within thirty days from the date of our amendment.
Article 1 – Other Agreements Are Incorporated into these TOS
To the extent that the above-mentioned policies conflict with the TOS or with each other, the TOS shall prevail, followed by the AUP and both of our Privacy Policies. In certain cases, you may purchase services from us using another agreement which is also incorporated into or references these TOS. If that agreement conflicts with these TOS, the terms of that other agreement will prevail over the TOS, but only to the extent of the conflict.
Article 2 – Object
We agree to provide the Services to you subject to these TOS. Use of the Services constitutes acceptance and agreement to these TOS.
Article 3 – Services
The features and details of the services governed by these TOS are described on our web site “diamondsecure.org” as of the Effective Date. Should any of the product description change subsequent to the Effective Date, Diamond Secure has no obligation to modify the Services to reflect such a change. The specific services chosen by you are referred to together as the “Services” or the “Service”. You agree to use the Services in a way that respects the right of our other users to use the Services, and not to act in a way that unreasonably interferes with our ability to provide the Services to other users.
Certain aspects of the Services may be provided by third parties. In fact, the Services are relying on PGP, an open-source technology. These third parties may have reserved the right to make changes, including material changes, to the products provided by them and incorporated into the Service. If a third party makes a change to its products, you agree that you may not terminate the Services and these TOS based on such a change, even if it materially affects the Services.
Article 4 – Support
What we Support
- Common Services
We continually monitor and ensure that all basic services are working, such as XMPP chat servers, email host servers, PHP, Web services, Secure Phone Admin Panel, Secure Voice Servers, and our Admin/sales panel. Our number one priority is to make sure that the web servers, data centers, and network connections are functioning at optimal performance levels.
2. Basic E-mail and Client Configuration
We provide instructions for using the most common e-mail clients. If you need additional help, do not hesitate to open a support ticket or call us. We will do our best to assist you in making a connection to your account.
3. Server Software
We will maintain and secure all software that resides on a server, such as XMPP for Encrypted Chat, PKI, Secure Voice Servers, Secure Phone Admin Panel, Exchange, billing portal, etc.. We will determine the version and configuration of the software on our servers. As a result, the software we have installed may not always be the latest version available to the public or be compatible with your application.
What we do Not Support
- Data Backup
You are responsible for maintaining current backups of your data. We maintain our own backups in the event of a disaster; however, we do not store any data beyond contact lists and required key server information for our chat and voice solutions. Chat messages not yet delivered may be available on our servers for a limited amount of time, but once downloaded to your device, are irretrievable by us. Email messages can potentially be retrieved, but only if unencrypted. We perform regular maintenance, and backups of servers and server settings are included in this, however, when a lost PGP key can render your entire mailbox illegible and irretrievable (by us). We can, therefore, make no promises with regards to backups, nor guarantee your content in any way.
2. Email Restore
We do not offer recovery of lost or deleted emails. We recommend you first check your deleted items folder if you accidentally delete an email. If you have your deleted items folder set to auto-clean or you delete the messages from your deleted items folder, these messages will not be retrievable by us. In addition, as stated above, because a lost PGP key can render a mailbox illegible, we can only offer best-effort support.
Whether server-side or client-side, we do not support applications other than those that are distributed with our Secure Pack bundle or Secure Phone offerings.
4. Hardware Not Provided or Maintained by us
Some customers like our support so much, they ask us to help them with things completely unrelated to their application or services (e.g. configuring a printer on their network). We wish this were feasible!
Article 5 – Term
These TOS will continue for the term set out on the product description page (“Initial Term”). After the expiration of the Initial Term, these TOS will renew for successive periods of equal length (“Renewal Term”). If the product description page does not contain an Initial Term, the Initial Term shall be one month.
Article 6 – Payment
You are responsible for the fees and charges set out on the product description page (“Fees”). You may be charged seven days prior to the date set out on the product description page (“Due Date”).
Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. It is your responsibility to ensure that we receive payment of the Fees. You must pay the Fees without set-off or deduction. Should the Services be suspended, for any reason, Fees will continue to accrue. If the Fees are not paid by your financial institution on the Due Date, your account will be considered delinquent. To reinstate your account, you will be required to pay, depending on the reason for the delinquency: (i) a returned check fee in the amount of 60$ ; (ii) interest in the amount of 22 % per year; (iii) collection charges; (iv) any fees levied on us by our financial institution; and/or (v) an investigation fee of $35.
You may choose to purchase products and services that are not included in the Service but which are offered for sale by other parties through Diamond Secure (“Third Party Services”). Third-Party Services may be billed separately from the Service. Fees for the Third Party Services may not be billed on the month on which they are delivered. You agree to pay for these Third-Party Services regardless of the length of time elapsed between their delivery date and the date on which you are charged.
Article 7 – Bill Disputes
If you believe there is an error on your bill you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. Your dispute must include sufficient facts for us to investigate your claims and be received by us at least five days prior to the Due Date (“Dispute Deadline”). You waive your right to dispute any charges or Fees if you fail to meet the Dispute Deadline. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute the next time Fees are due. If you contact your credit card company, prior to notifying us of the dispute, and initiate a “chargeback” based on this dispute, and your chargeback claim is past the Dispute Deadline, you will be charged a $200 investigation fee. This fee compensates us for the investigation your credit card issuer requires us to conduct in order to demonstrate our right to payment.
Article 8 – Termination
Money Back Guarantee
Provided that you did not pay for the Services by bitcoin, we offer an unconditional seven-day satisfaction guarantee (Guarantee). To cancel the Service covered by the Guarantee, and receive a refund, you must contact us within seven calendar days following the Effective Date for the Service covered by the Guarantee. If you wish to retain your domain name, the cost of your domain name will be deducted from your refund at our regular, non-discounted, price. As mentioned if you paid by bitcoin, we will not issue any refunds. If you paid us by credit card we will credit the card on file, otherwise, we will send you a check. The Guarantee only applies to an individual Service for seven calendar days following the Effective Date. If you purchase more than one Service from us, the Guarantee only applies to the Service that falls within this seven day period. Set up and domain name registration charges are not refundable for any reason and are excluded from our Guarantee.
Termination Prior to Renewal
Either party may choose not to renew these TOS by providing written notice to the other no later than ten days before the expiration of the Initial Term or Renewal Term for the particular Service that the party does not want to renew. If you terminate these TOS prior to their expiration, you will not receive a refund of any prepaid Fees.
Termination for Material Breach
One party may terminate these TOS upon the occurrence of a material breach if this breach has not been cured by the other party within thirty days of their receipt of written notice of the breach. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action. A decision to cease offering Third Party Services will not be a material breach.
Termination for your Violation of our Policies
We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference or those of Third Party Service providers; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. Should we exercise these rights, You are not entitled to any type of notice or protest and nor will you receive a refund of any Fees.
Disposition of Data Upon Suspension or Termination
When your account is suspended or terminated, the data and other technology residents on Diamond Secure’s servers may be deleted. It is your obligation, regardless of whether you believe a suspension or termination is authorized under this TOS, to secure this data and ensure that it remains available to you. Diamond Secure has no obligation to preserve data after a suspension or termination, other than those provided under the law.
Article 9 – Use of the Services
Subject to the terms and conditions set forth herein, Diamond Secure grants you a personal, non- exclusive, non-transferable and non-sub licensable license to use the Services solely for your personal or internal business purposes. With respect to any open source or third-party code that may be incorporated in the Services, such open-source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing the use of such code. You hereby acknowledge that the Services are licensed and not sold and that your use thereof is subject to the terms of any applicable third-party end-user license.
Your use of the Services must be reasonable and compliant with local laws where you will be using the Services. You may not place excessive burdens on our CPUs, servers or other resources. You agree that we may place restrictions on your use of the Service, and charge you excess bandwidth fees, to the extent that your use exceeds the use of the Service by similarly situated customers. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Service.
You agree to cooperate with us to facilitate your use of the Service. This cooperation includes, but is not limited to, providing us with correct contact and billing information, designing material that is “server ready” and ensuring that you, your employees and/or agents have sufficient technical expertise to understand how to implement the Service.
Upon termination or expiration of the Services, your account will be closed. We have no responsibility to forward email or other communications for you once your account is closed. We also have no responsibility to preserve or secure your data. You are encouraged to keep the Service active during any transition period should you seek to forward your email or other communications, or to move your data to another provider.
Article 10 – Representations and Warranties
We each warrant to the other that: (i) we have the power, authority and legal right to enter into these TOS; and (ii) we have the power, authority and legal right to perform our obligations under these TOS and all incorporated provisions.
Representations and Warranty
Article 11 – Disclaimer and Limitation of Liability
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN PARAGRAPH 10.1, DIAMOND SECURE HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES BUT IS NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND TITLE. DIAMOND SECURE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. DIAMOND SECURE IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR AN END USER VIA THE SERVICES PROVIDED BY US. DIAMOND SECURE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY DIAMOND SECURE. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO DIAMOND SECURE SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM DIAMOND SECURE, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW DIAMOND SECURE TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE FOR AN INDIVIDUAL SERVICE.
2. Limitation of Liability
You agree that Diamond Secure has no liability, whatsoever, for (i) content that you or an End User access from the internet; (ii) for your usage of the Services and the success of any encryption; or (iii) for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on our network.
WITHOUT LIMITING THE GENERAL LIMITATION ABOVE, IN NO EVENT WILL DIAMOND SECURE’S S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY DIAMOND SECURE FROM YOU FOR THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM DIAMOND SECURE SHALL BE INTERPRETED TO INCLUDE DIAMOND SECURE’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH DIAMOND SECURE.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD DIAMOND SECURE OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER AN ACTION IS CONTRACTUAL, EXTRA-CONTRACTUAL OR BASED IN TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF DIAMOND SECURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS DIAMOND SECURE’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Article 12 – Indemnification
You agree to indemnify, defend and hold harmless Diamond Secure and its parent, subsidiary and affiliated companies, Third Party Service providers and each of their respective officers, directors, employees, shareholders, and agents (each an “Indemnified Party” and, collectively, “Indemnified Parties) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services; (ii) any violation by you of any of Diamond Secure’s policies; (iii) any breach of any of your representations, warranties or covenants contained in these TOS; (iv) any acts or omissions by you; (v) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; and/or (vi) infringement related to products sold using the Services. The terms of this paragraph shall survive any termination of these TOS. For the purpose of this paragraph only, the term “you” as set out in sub-paragraphs (i) through (vi) include you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.
Article 13 – General Provisions
Notices will be sent to you at the address you provide to us. Notices to you may be provided by email. It is your obligation to ensure that we have the most current address for you in our records and to verify that our Notices are not flagged as spam by your spam filter.
Please refer to our website for contact information for most issues, including technical support and billing. Notices regarding these TOS and other Diamond Secure policies should be directed to:
Attention: Diamond Secure
Moskovska street 21B, 1000,Sofia, Bulgaria
2. Force Majeure
Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten days from the beginning of the event.
3. Choice of Law, Jurisdiction, and Venue
This Agreement is governed by the laws of European Union.
4. No Waiver
No waiver of rights under these TOS, or any Diamond Secure policy, or agreement between you and Diamond Secure shall constitute a subsequent waiver of this or any other right under these TOS.
These TOS may be assigned by Diamond Secure. They may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
In the event that any of the terms of these TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from these TOS. All remaining terms of these TOS shall remain in full force and effect.
6. No Agency
These TOS do not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
ACCEPTABLE USE POLICY
This Acceptable Use Policy (“AUP”) describes activities that are not permitted on the Diamond Secure network. The AUP is incorporated by reference to the TOS between you and Diamond Secure. Capitalized terms used in this policy that are not defined herein have the meanings given to them in the TOS in effect between you and Diamond Secure.
- Customers and End Users are Solely Responsible for Content.
We do not review, edit, censor, or take responsibility for any information customers or End Users may create. As a result, we cannot, and do not, accept any responsibility from customers, end-users, or third parties, resulting from inaccurate, unsuitable, offensive, or illegal content or transactions. While we do not review, edit, censor, or take responsibility for any customer-created content, we reserve the right to take any and all appropriate action where inaccurate, unsuitable, offensive, or illegal content or transactions are brought to our attention. Ways such abuse can come to light is via reports from other users (recipients of abusive mail, as an example), unencrypted support emails outlining problems with an activity we do not support, or listing of our domains (through your email or username) on spam sites or other blacklists. We respect the privacy of our customers, but will NOT be held responsible for housing criminal activity, even by omission, or failure to investigate claims.
We specifically reserve the right to refuse to provide the Services to Customers or End Users engaged in the dissemination of material that may cause us to be subject to attacks on our network, or that while technically legal, run counter to our corporate principles. This type of content may include, but is not limited to, racist, pornographic, hateful material or generally any material that creates or may create, in our sole judgment, customer service or abuse issues for us.
2. Use of the Services
2.1. Abusive Conduct
The transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation, this AUP, or our TOS, is strictly prohibited. In addition, you may not use the Services to directly facilitate the violation of any law or regulation. Specific activities that are abusive include, but are not limited to:
2.2 Offensive content
You may not transmit, distribute or store on or via the Services any content or links to any content that Diamond Secure reasonably believes:
- Activities that violate European export control laws or regulations, including those related to software or technical information or violating European laws or regulations concerning the doing of business with certain sanctioned countries or with designated persons or entities.
- Forging, misrepresenting, omitting or deleting message headers, return mailing information, and/or internet protocol addresses, to conceal or misidentify the origin of a message;
- Any action which directly or indirectly results in any of our IP space being listed on any abuse database (i.e. Spamhaus);
- Introducing whether unintentionally, knowingly or recklessly, any virus or other contaminating code into the Services or creating or sending
- Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
- Collecting or using information, including email addresses, screen names or other identifiers, through deceit, (such as phishing, Internet scamming, password robbery, spidering, and harvesting);
- Hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems, including unauthorized access to or use of data, systems, or networks, comprising any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “add/remove” tool);
- Exchanging communication pertaining to the commission of illegal activity or soliciting the performance of any illegal activity, even if the activity itself is not performed;
- Acting in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation, or goodwill, as determined by us in our sole and exclusive discretion.
- Failure to provide complete, truthful, and accurate information regarding the customer’s identity and locations as requested on all of Diamond Secure’s application forms.
- Interference with a third party’s use of Diamond Secure’s network or Services, or the ability to connect to the Internet or provide services to Internet users.
- Managing a proxy server.
- Facilitating, aiding, or encouraging any of the above activities, whether using Diamond Secure’s network or Services by itself or via a third party’s network or service.
1. Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
2. That is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
3. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
4. Is defamatory or violates a person’s privacy; or
5. It is otherwise malicious, fraudulent, or morally repugnant.
2.3 Intellectual Property and Other Proprietary Rights
You may not use our Services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. For example:
- You may not use the Services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;
2. You may not use the Services to publish content intended to assist others in defeating technical copyright protections;
3. You may not use a domain name that is in violation of its relevant domain name dispute resolution policy.
4. You may not display another person’s trademark without permission.
2.4 Email services
Anyone found to be generating spam from within our system will have their user privileges revoked immediately. Persons attempting to forward spam email messages inbound to our system will be blocked and prevented from sending further email to any Encrypted Email users. Please note, however, that many messages appearing to originate from Encrypted Email (or any other) mail servers could contain “forged headers”, written by the party originating the messages to make them appear to come from somebody else. This is done to avoid action normally taken against those abusing email systems and to cause damage to the reputation of the parties appearing to have sent the messages. Experienced investigators can tell immediately whether headers have been forged and where the message actually originated; thus, it is important that any mail forwarded to us for investigation contains the complete headers from the original message.
We define spam or unsolicited commercial e-mail as e-mail that has not been requested by the recipient, is not compliant with the GDPR.
You may not use the Service to host a site that is advertised in SPAM (a spamvertized site), even if you yourself are not engaged in spamming. If we determine that you or an End User are spamming, we will suspend or terminate your account, at our discretion.
Furthermore, you may not use our email service:
1. In connection with pyramid schemes, spamming or any unsolicited messages (commercial or otherwise);
2. To restrict or inhibit any other user from using or enjoying such service;
3. Under a false identity for the purpose of misleading others or forge the headers of your email messages in any way;
4. To use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such service or other user or usage information or any portion thereof;
5. To promote or facilitate the transmission of unsolicited email messages.
6. Send messages to disrupt or cause difficulties in receiving other emails;
7. In the event that you maintain one or more bulk “opt-in” email lists, you must have a method of confirmation of subscriptions and be able to provide such information when requested by us. At our discretion, if no such evidence is available, such bulk emailings may be considered as unsolicited;
8. We reserve the right, in our sole discretion, to set an upper limit on the number of recipients of the customer-initiated email, the number of subscribers on a customer’s bulk “opt-in” email lists, and the number of messages a customer may send or receive through our services.
While we do not undertake to monitor the materials that are sent through our email service, we reserve the right to review such materials and to remove any materials at our sole discretion. We may decide, at our sole discretion, to terminate your access to our email service at any time, without notice. We cannot, however, promise any legal agency the ability to review data on our servers, as we ourselves cannot retrieve anything encrypted on, or deleted from, our servers.
If you believe that our AUP has been violated, you may send your inquiry to www.diamondsecure.org. Please note that we do not review anonymous inquiries. Your notice must contain, at a minimum, your first and last name, and either a working monitored e-mail address, or a working monitored telephone number.
2.6 Co-operation with Investigations and Legal Proceedings
We do not review or monitor our customers’ activities. However, if we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we may choose to give you reasonable prior notice of such requirement. As stated, we cannot and will not be held responsible for housing criminal or suspected criminal activity, or abuse of our acceptable use policy, whether by omission, or by failing to investigate claims. If activity in breach of our terms is discovered or made known to us, we may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request. Law enforcement agencies that seek information about customers, End Users, and third parties and/or their use of the Service, are required to submit a subpoena, or other similar documents, pursuant to which we are required by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated to us, the Subpoena will be transmitted to the customers, End Users, and third parties and/or their use of the Services are required to submit a subpoena, or other similar document, pursuant to which we are required by law to produce this information (“Subpoena”). Unless specifically prohibited by law and clearly communicated to us, the Subpoena will be transmitted to the customer, End User, or third party. Civil requests for information, such as discovery requests and similar demands (“Civil Demands”) must be part of a filed and pending litigation matter. Responses to Civil Demands are at our discretion.
2.7 Excessive Use of Shared System Resources
Our email service is considered unlimited, meaning that within reason there are no limits on storage space, number of emails sent or received per day, or number of device connections. However, since you will be sharing bandwidth and storage with hundreds of others on our servers in a virtual community, our offerings are really not intended to support enterprise-level or large company requirements. To ensure that our hosting is first-class, reliable, and available to all customers within that server community, an individual customer’s usage cannot adversely affect the performance of other customers’ services. This means that while there is no set limit on storage, bandwidth usage, or emails in or out-bound, we will need to monitor for possible misuse.
An example of misuse would be using auto-mailing for spam purposes. If you are generating a consistent outbound flow of several thousand emails, and your inbox is filling by a gigabyte a day, we can safely assume that you are using shared resources frivolously. Other potential violations could include using our email service to store an excessive amount/type of materials, to the point it adversely affects other users’ rights to service. An example could be sending yourself an excessive amount of large attachments such as mp3’s, images or short video files. We do not monitor content, but general behavior and types of files stored can become a red flag. Flooding other users’ email inboxes could be a potential breach as well, as it can be construed as a DoS (Denial of Service) attack.
In the vast majority of cases, if you use the email hosting service appropriately, you will be able to view, send, receive upload, download, and attach as much content as you wish. However, in certain circumstances, our server processing power, server memory, or anti-abuse controls could place limits on your usage. Those who abuse the Services will not be tolerated and you agree that your right to use the Services is subject to the rules outlined above.
2.8 Suspension and/or Termination of products and Credits.
If you violate our AUP and we suspend or terminate the Service, you will not receive a refund of any Fees paid to us. Your failure to abide by any of the items set out in this AUP is grounds for suspension or termination of the Service. Any termination or suspension may be undertaken with, or without, notice to you. You agree to hold us harmless from any claims that a suspension or termination of products, for this reason, has damaged you or any claims from a third party that the suspension or termination has damaged them.
SERVICE LEVEL AGREEMENT
This Service Level Agreement (“SLA”) describes the level and availability of the Services. The SLA is incorporated by reference into the TOS between you and Diamond Secure. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the TOS in effect between you and Diamond Secure.
Choosing a communication product suite is never easy since your privacy and data is at stake. We know that the availability of the Services and access to your data is of the utmost importance to you and it is something that we take very seriously. This is why we have built SLA to cover the multiple components that keep the Services up and running.
By signing up for Services on the Internet, or by using any other means of subscription including subscription via a third party, a sales representative or commercialization partner, you benefit from the present network and power uptime guarantee if you are billed directly by Diamond Secure.
We want you to feel at ease with your decision to purchase Services from us and to know that we take your communication and data as seriously as you do.
Article 1 – General Terms and Conditions for all Services
1. Account Administration
Diamond Secure provides your designated administrators with access to a dedicated account management tool. Via this tool, you or your designated administrators will be able to change passwords, enable new user accounts and disable old user accounts and other similar management functions.
You are entirely responsible for maintaining the confidentiality of your administrators’ passwords and accounts. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Diamond Secure immediately of any unauthorized use of your account or any other breach of security. Diamond Secure will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, without the permission of the account holder.
2. Customer Service, Billing, and Sales Inquiries
For Customer service, Billing and Sales inquiries, you may contact us via the email form or the live messaging system, both available at https://diamondsecure.org/
3. Systems Support
We provide systems support to your designated administrators. Systems support is defined as support associated with issues/faults with our servers. There are no additional charges for this support (we ask that you please check the Server Status Page on our website before calling our systems support). You may designate up to four, but no more than four, administrators who are authorized to call Diamond Secure’s client support services.
4. End-Users and Custom Support Services
No support to your end-users shall be provided by Diamond Secure unless specifically agreed to in writing by us. Directing your end-users or any third parties that are not administrators to our technical support service will constitute a breach of this SLA. We do offer affiliate agreements for our Services. Additionally, several support services may be provided on an as-needed basis, with separate pricing for each support service or on a per-project basis. Please contact us for details.
5. Migration Services
At your request, Diamond Secure will provide an advance estimate of fees for migration from one system or provider to our Services, based on the information you provide. However, you acknowledge that our Fees will be calculated on the basis of the actual amount of data migrated and may exceed the estimate. You acknowledge that after we begin the migration services it is possible that we will discover technical limitations related to the configuration of your data that prevent us from successfully completing the migration. You acknowledge that there is a risk that data will be lost during migration and you undertake to create a reliable backup of all data to be migrated prior to the time that Diamond Secure begins the migration. You agree that Diamond Secure will not be liable to you or to any third party for damages resulting from the loss or corruption of your information or third party information as part of the migration.
6. Server Software
We exercise industry-standard practices to ensure that software is correctly configured in all material respects. If there is more than one way to configure software, we will choose the configuration that we determine, in our sole discretion, to be the most appropriate. We reserve our rights to install security patches, updates, and service packs, at our sole discretion and only to the extent that such security patches, updates, and service packs exist and are beneficial and compatible with our Services. Software updates may change system behavior and functionality and as such may negatively affect your applications. We cannot foresee nor can we be held responsible for service disruption or changes in functionality or performance due to the implementation of software patches and upgrades or other scheduled maintenance. If such disruption or changes occur, we will provide our best efforts to remedy the situation as soon as possible after being notified of the problem by you.
We are not responsible for problems that may arise from incompatibilities between new versions of software and your content, regardless of whether it was a requested, required or discretionary upgrade.
Access to our data center and systems is restricted to authorized personnel. We ensure that our employees and contractors are familiar with and understand our policies. We will make our best commercial efforts to protect the security of our systems and services and the data that resides therein.
8. Data Retention
Diamond Secure shall not be held responsible for retaining any of your data after account termination, unless as expressly provided hereunder. All data is deleted from the servers after the account is terminated and from back-ups during scheduled back-up rotation or earlier, at our convenience. We shall not restore, provide on any storage media, or otherwise transmit any data pertaining to existing or terminated accounts. Except in the case of termination due to abuse, a window of time for migration, removal, or another handling of data will be provided.
9. Incident Reports, Credits and Refunds
If an incident causes one or several of the Services selected by you to be unavailable temporarily, you may be credited and/or refunded in accordance with the “Service Unavailability Credits” section applicable for each Service.
DIAMOND SECURE SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER FOR SERVICE UNAVAILABILITY OTHER THAN WHAT IS EXPRESSLY PROVIDED IN THE APPLICABLE “SERVICE UNAVAILABILITY CREDITS” SECTIONS HEREIN.
To request a credit and/or a refund for any loss of Service, the client must file a report (an “Incident Report”) within fifteen (15) days of the occurrence of the loss of Service event to diamondsecure.org. This “Incident Report” must contain a detailed description of the Services affected, problems observed and the duration of the event. Before processing any credit request, our accounting team will validate the information you provided in the Incident Report to confirm the loss of Service availability, its timeframe, and corresponding credit and/or refund. Credit, if any, will be applied to the next invoice for the affected Service.
10. Maximum Aggregate Credits and Refunds
In any case where credits and/or refunds are granted to a client for a loss of Service, the maximum aggregate cumulative amount of such credits and/or refunds, in any given month for any given Service shall not exceed to total amount of Fees otherwise payable by you for this service during this month.
You are not entitled to a credit and/or refund if you are in breach of the TOS, the AUP (and any of the documents incorporated therein by reference), including breach of payment obligations, at the time of the occurrence of the event giving rise to the credit until you have cured the breach. You are not entitled to a credit and/or refund if the event giving rise to the credit and/or refund would not have occurred but for your breach of the TOS or AUP (and any of the documents incorporated therein by reference) or your fault or negligence.
11.Previous Versions of This SLA
This version of the SLA supersedes any and all previous versions of the applicable SLA distributed or made available by Diamond Secure, its representatives or agents. The procedure to change this SLA is governed by our TOS.
Article 2 – Specific Terms and Conditions for Encrypted Voice and Encrypted Chat Services
1. Service Description
Diamond Secure provides Encrypted Pack as a secure communication suite comprised of three separate apps, Encrypted Voice, Encrypted Chat, and Encrypted Email. Only the Encrypted Email application requires any true hosting. Encrypted Voice makes use of server space and software, but does not store any data beyond basic (and very limited) user information. Calls made are peer to peer, and not reliant on storage. For that reason, only the server configurations and applicable services are backed up for this application. Encrypted Chat is largely the same, except that it relies on XMPP server configurations for base functionality. Messages can be stored, but only until they can be delivered to the recipient. Once downloaded by the recipient’s device, they are no longer available on our servers. References to backups in the paragraphs below therefore only apply to the server configurations for Encrypted Chat and Encrypted Voice, user information and keys required to authenticate.
2. Disaster Recovery
We schedule nightly backups to the shared backup devices. Backups are monitored and checked for errors, and regularly scheduled tests of the restoration procedures are performed. Backup copy retention time is fifteen days. We do not warrant, however, that a valid backup is available for every day of this fifteen-day period, as applicable. If a disruption of the Service occurs, we will assign our highest priority and will make our best commercial efforts to ensure the timely restoration of the Service. Depending on the type of disruption that has occurred, we might elect to first restore the Service without the data. Any data not immediately accessible after a disruption in the Service will be restored from the most recent backup and made accessible with Diamond Secure’s highest priority.
Diamond Secure cannot restore any Encrypted Mail or Encrypted Voice messages sent via our Service, as messages are only stored until sent to the recipient device. Upon download by the recipient device, they are irretrievable by any means from our servers.
1. Planned Maintenance:
Planned maintenance is typically scheduled between 1 am and 3 am EST, and typically performed over the weekend. Two-day prior notice shall be given by Diamond Secure.
2. Hot Fixes:
Installation of urgent “hot fixes” is scheduled as quickly as possible after testing, and a notification is sent to you. The two-day notification mentioned above is waived for urgent hotfixes. Diamond Secure also reserves an additional two (2) two-hour maintenance windows on Wednesdays and Saturdays from 11:00 PM to 1:00 AM (EST), during which the servers may be offline for urgent fixes.
Subject to the exclusions described below, Diamond Secure undertakes to maintain 99.9% server uptime, defined as the ability to connect to the Email, Chat, or Voice servers, calculated on a monthly basis. Diamond Secure will not monitor the availability of individual users or accounts but only monitors the server availability as a whole.
Diamond Secure calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above and all scheduled and urgent maintenances.
Any loss of Service availability lasting less than five minutes will not be included in the calculation of Service availability. Diamond Secure calculates Service Availability based on both monitoring systems and incident reports from the engineering team.
Any circumstance beyond Diamond Secure’s reasonable control, including but not limited to the following conditions, will not be included in email, XMPP and web server availability calculations:
1. Problem located on the customer’s side, including network/Internet issue, a problem with 3rd party application; loss of Service availability due to Network Attacks such as denials of Service;
2. SYN or similar attacks, issue caused by DNS resolution and/or domain name or certificate expiration;
3. Mail bombing or other flooding attacks;
4.Software “bugs” or problems within used products creating service interruptions, hardware bug or failure beyond high-availability system;
5. Problem located outside our control within the Datacenter exploited by Diamond Secure, such as Internet and power availability or any other situation mentioned within this SLA.
6. Service Unavailability Credits
On a per-Service basis, for each month in which the availability is below the target availability of section 5 hereinabove, Diamond Secure will reduce the amounts due and payable to it relating to such Service for such month by 5%. In addition, for every 1% loss of availability below target availability of section 5 during the same calendar month, Diamond Secure will further reduce the amounts due and payable to it relating to such Service for such month by another 2.5%.
Because of the architecture that Diamond Secure has created to provide the Service, users within an organization may be spread across separate and distinct servers. In the case where one server suffers downtime exceeding the Service level warranty, your organization will be compensated only for the users with accounts on the non-complying server, on a pro-rated basis. Rarely, a Service may be functioning in some areas and not functioning in others. Any of this diminished functioning is not considered downtime and are excluded from availability calculations.
7. Claim Procedure
All requests must be made within seven days following the end of the month in question. Reclamations must include the starting time of the unavailability, the time when services came back to normal and at least three “traceroute” commands taken during the unavailability. Any incomplete reclamation form will be discarded. The request will be processed within ten to fifteen days following its reception.
Article 3 – Specific Terms and Conditions for Exchange Hosting Service
If selected, Diamond Secure will make available application services for email, calendaring and task management created using Microsoft Exchange ® server software (“Exchange Hosting Service”). These functions are not Encrypted Email provided services and while we will provide best-effort support, issues with calendaring and task management will be covered by Microsoft. Our intervention will be limited to configuration help and ensuring that the servers are healthy and functioning.
2. Disaster Recovery
Diamond Secure schedules daily backups to the shared backup devices. Backups are monitored and checked for errors, and regularly scheduled tests of the restoration procedures are performed. Backup copy retention time is seven days. On a weekly basis, backups are sent off-site. Diamond Secure does not warrant, however, that a valid backup is available for every day of this seven-day period, as applicable. If a disruption of the Service occurs, Diamond Secure will assign its highest priority and will make its best commercial efforts to ensure the timely restoration of the Service. Depending on the type of disruption that has occurred, Diamond Secure may elect to first restore the Service without the data. Any data not immediately accessible after a disruption in the Service will be restored from the most recent backup and made accessible with Diamond Secure’s highest priority. In order to ensure the readiness of Diamond Secure’s operators to complete the offline restoration process, Diamond Secure runs frequent drills to test restoration performance. Diamond Secure is not liable for data loss resulting from the failure or loss of backup media.
3. Mail Server Availability
Subject to the Diamond Secure undertakes to maintain 99.9% Mail server uptime. Mail server uptime is defined as the ability to retrieve the SMTP and POP headers from the mail server, calculated on a monthly basis. Diamond Secure will not monitor the availability of individual mail accounts or mailboxes but only monitors the server availability as a whole.
The outgoing email protocol used on the mail server (SMTP) is a “store-and-forward” type of protocol that does not warrant immediate delivery of email messages. If the mail server’s first email delivery attempt fails, it will re-attempt delivery according to a predefined schedule. If the message fails to be sent for 24 to 72 hours, the messages will be returned to the sender.
Diamond Secure calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above and all scheduled and urgent maintenances. Any loss of Service availability lasting less than five minutes will not be included in the calculation of Service availability.
Diamond Secure calculates Service availability based on both monitoring systems and incident reports from the engineering team.
Diamond Secure recognizes that from time to time, your users or administrators may mistakenly delete, in whole or in part, items in your database, mailbox or public folders, as applicable. As this is not a system fault and restoration may require the partial implementation of our disaster recovery procedures, we reserve the right to charge you, and you agree to pay for, restoration fees of $150 per hour (with a minimum fee of $100), plus taxes. We do not warrant the integrity of the Web content or mailbox content, as applicable, of each individual backup.
Items within a mailbox that have been accidentally deleted can usually be restored directly from the Deleted Item Folder by the end-user, even after the Deleted Item folder has been emptied. (Instructions for this procedure are contained within the Outlook ® Help system.) Note, however, that Diamond Secure retains these deleted items online for no more than seven (7) days. If a public folder or mailbox cannot be recovered from the online Deleted Items storage, Diamond Secure must restore the items from the backup tapes employed in its disaster recovery systems. Diamond Secure will restore these items within 96 hours of an approved request from your designated administrator acknowledging the fees.
Please note that email storage may be subject to retention policies applied at the user and organizational levels. Those policies are not designed nor enforced by us. If a retention policy is used, and emails are deleted on such a policy’s schedule, they will NOT be retrievable. In addition, you are reminded that only unencrypted email can be categorically recovered. We do not warrant in any way the legibility of email that is encrypted, due to loss of a key. Encrypted emails due to loss of a key cannot be retrieved by any means, and you will be made aware of this before any paid recovery attempt is made.
- Planned maintenance:
Planned maintenances are typically scheduled between 1 am and 3 am EST, and will typically fall on a weekend. Two-day prior notice shall be given by Diamond Secure.
2. Hot Fixes:
Installation of urgent “hot fixes” is scheduled as quickly as possible after testing, and a notification is sent to you. The two-day notification mentioned above is waived for urgent hotfixes. Diamond Secure also reserves an additional two (2) two-hour maintenance windows on Wednesdays and Saturdays from 11:00 PM to 1:00 AM (EST), during which the servers may be offline for urgent fixes.
Diamond Secure may move mailboxes within the Exchange Hosting Service, among the different Diamond Secure servers, at its discretion. Diamond Secure does not warrant that it will send a notification prior to these moves, and they should not affect users whose software is installed and configured correctly. Incorrect configuration of the user’s software, which may result in the inability to connect to the Service, is not considered downtime and is excluded from the calculation of system availability.
6. Mail Delivery Terms and Conditions
1.Email Delivery Restrictions:
In order to prevent bandwidth issues for our clients, Diamond Secure limits attachments to 30 MB. Consistent sending of files of this size may result in action against your account if it proves to adversely affect the performance of our servers, or negatively impact our other clients. We reserve the right to impose restrictions upon individual users, as required.
2.Mail Delivery Time:
Individual email messages including attachments of less than 20 Mb that are received inbound from the Internet gateways, or those sent from one mailbox on the Exchange Hosting Service to a second mailbox on the Service, generally will be delivered in sixty seconds or less.
Email messages including attachments of less than 20 Mb outbound to Internet gateways generally will be sent from the Exchange Hosting Service within sixty seconds; delays at the gateways due to Internet issues are not covered by this SLA.
Diamond Secure gives no guarantee regarding the timing of delivery or receipt of mail being processed on the Internet. Delivery times covered by this SLA are only for mail sent between servers, mailboxes, and/or gateways on the Exchange Hosting Service. Additionally, Diamond Secure’s spam control functionality performs additional analysis and processing of inbound emails, so the delivery times specified above do not apply for delays due to the same.
7. Application Service availability
Subject to subsection 3.6, Diamond Secure undertakes to maintain 99.9 average uptime availability of the Exchange Hosting Service’s mailboxes and/or public folders and timely delivery 99.9 % of email messages in accordance with subsection 4 above.
Any circumstance beyond Diamond Secure reasonable control, including but not limited to the following conditions are excluded from the calculation of availability and timely delivery:
1.problem located on the customer’s side, including network/Internet issue;
2.problem with 3rd party application;
3.loss of Service availability due to Network Attacks such as denials of service, SYN or similar attacks,
4. issue caused by DNS resolution and/or domain name or certificate expiration;
5. software “bugs” or problems within used products creating service interruptions, hardware bug, or failure beyond high-availability system;
6. problem located outside our control within the Datacenter exploited by Diamond Secure, such as Internet and power availability or any other situation mentioned within this SLA.
Diamond Secure calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above and all scheduled and urgent maintenances. Any loss of Service availability lasting less than five minutes will not be included in the calculation of Service availability. Diamond Secure calculates Service availability based on both its monitoring system and incident reports from its engineering team. On a per-Service basis, for each month in which the availability is below an average of 99.9% as calculated above, Diamond Secure will reduce the amounts due and payable to it relating to such Service for such month by 5%. In addition, for every 1% loss of availability below the 99.9% targeted average availability
8. Service Unavailability Credits
If Diamond Secure fails to provide Exchange Hosting Service’s availability in accordance with section hereinabove for an aggregate total of 2 hours or more in any given month, Diamond Secure will reduce the amounts due and payable to it relating to the Exchange Hosting Service for such month by 5% for each mailbox affected. For every additional 2 hours of delay of email service during the same calendar month, Diamond Secure will further reduce the amounts due and payable to it relating to the Exchange Hosting Service by another 5% of the original price charged for such month. The maximum credit per month for message delays shall be 15%.
9. Claim Procedure
All requests must be made within seven days following the end of the month in question. Reclamations must include the starting time of the unavailability, the time when services came back to normal and at least three “traceroute” commands taken during the unavailability. Any incomplete reclamation form will be discarded. The request will be processed within ten to fifteen days following its reception.
10. Protection Against Viruses
Diamond Secure provides inbound anti-virus scanning as part of the Exchange Hosting Service and will make its best commercial efforts to protect against SMTP borne viruses and other computer software threats. While Diamond Secure’s anti-virus protection is state of the art, due to the rapidly evolving nature of viruses, Trojan Horses, and other email-borne security issues, Diamond Secure can make no warranties against these types of threats or the effectiveness of its anti-virus solution.
11. Protection Against Spam
Diamond Secure provides anti-spam filtering as part of the Exchange Hosting Service and will make its best commercial efforts to protect against unwanted emails. Diamond Secure cannot make any warranties in the system’s filtering efficiency.
Thank you for using Secure Pack by Diamond Secure! Secure Pack applications allow you to encrypt and send audio, video, voice, email and text messages, so that you can communicate on your android safely, securely, anonymously and easily. In addition to Android services, Diamond Secure also offers similar services for Blackberry, and email support for desktops.
We deploy our best commercial effort to preserve your privacy and security, and we do our best to be as transparent as possible in explaining how we use your data in providing our Services. Please contact us if you have any questions at privacy at diamondsecure.org.
Our Privacy Practices, in Brief:
Secure Pack has to collect some information from you in order to provide our Services to you, but we do so in a highly limited, highly secure way.
• We use military-grade encryption. Our encryption is based on 256-bit symmetric AES encryption, RSA 4096 encryption, ECDH521 encryption, transport layer security, and our proprietary algorithm.
• We only see the information you give us. This would only include such things as required billing and contact information for purchasing our Services.
• Deletion is forever. When you delete a message, or when a message expires, our “secure shredder” technology uses forensic deletion techniques to ensure that your data can never be recovered by us or anyone else.
• You own your data. We do not share or sell any data about our users. Period.
What Information Does Diamond Secure Collect, and How Is It Used?
We are committed to limiting our collection of your information to what is necessary to provide you with our Services.
What We Do Not Collect: Equally important to us is the information we do not collect. We will NEVER collect any location information or have access to the contents of the communications you send using the Secure Pack Apps, provided that you’ve adequately used the applications. After messages are deleted (or after they expire), they are forensically deleted and are not retrievable by us or anyone else. (Remember, however, that if you send a Secure Pack message to another Secure Pack user, that message might remain on their device even after you delete it from yours, depending on the value you set for the self-destruct time of that message.)
User-Provided Information: We collect some very limited information from you after you download the Secure Pack Apps in order to allow you to create a Secure Pack Account, and begin using the Secure Pack Apps.
• Your Secure Pack ID: Your Secure Pack username is how you allow others to contact you via Secure Pack. It does not have to be your real name or provide any reference to your identity.
• Your Password: We require you to have a password to use the Secure Pack Apps, but we never store your password on our servers and do not store it by default in any form on your device. For your own security, we recommend that you use a long, unique password consisting of a mix of upper- and lower-case letters, numbers, and symbols.
Optional User-Provided Information: Within the Secure Pack Apps, we provide a few optional features for your convenience. None ask for your personal information but may allow you to inadvertently provide it. If you want to keep your use of Secure Pack as anonymous as possible, please read these sections carefully in order to understand how we associate information you provide with your Secure Pack Account.
• Email Headers and Optional Encryption: Our Encrypted Email app (part of Secure Pack) provides the option to encrypt any email sent from your mailbox. However, it is only an option. Simply having the Encrypted Email app does not protect your information or your identity. In addition, we cannot protect your anonymity if you place your name as part of the email header
• Optional Encryption in Chat: Encrypted Chat allows users to communicate with other users on XMPP based clients in addition to our secured OTR protocol. Such communications are not secured by OTR, as the protection is reliant on two parties having the software. You must actively share your username with any potential contact; however, if you also share your name with a potential contact, prior to establishing a secure OTR connection, we cannot provide any assurances of protection.
• Encrypting Files and Images: The Secure Pack Apps will allow you to share PDFs and image files. The Secure Pack Apps will make encrypted copies of these files for sending as Secure Pack messages. Encrypted Email will disguise not only the file but also its type by labeling it attachment.pgp. Remember though, that encryption is not automatic. If you elect to send unencrypted emails, attachments will NOT be protected either. By the same token, sending files to an unsecured XMPP contact who does not have OTR protection will also not be protected.
• Auto-Login: By default, the Secure Pack Apps will automatically log out of your account after a set period of inactivity, and in order to use the Secure Pack Apps again, you will have to re-enter your password. If you enable Auto-Login, you will be able to use the Secure Pack Apps after a period of inactivity without having to enter your password each time. While you will still benefit from Secure PackÊ¼s security (e.g., deletion, encryption, etc.) аnd may find that your user experience is more seamless, this option is less secure than the default logout and password requirements, and we suggest that users who enable Auto-Login retain other security measures on their devices, like enabling screen locks and PINs through your device settings.
• Crash Log: For the purpose of debugging and error correction as well as for system continuity, users might choose to send crash logs to Secure Pack when prompted by the app. The logs do not contain any user personal information and they pertain only to the Secure Pack Apps. The process is voluntary and users can choose not to send their crash logs to us at any time. Participating in errors/crash reporting will help Secure Pack to become a better app.
Automatically Collected Information: Secure Pack collects two types of information automatically during your setup and use of the Secure Pack Apps: Device Information and Aggregate Usage Data.
•Device Information: The Secure Pack Apps will collect a hashed representation of both your mobile device type and your mobile device’s hardware ID during registration, in order to connect that information with your account and to tie your account to your device.
• Aggregate Usage Data: During the operation of our services, we also collect aggregate, anonymous information about basic usage statistics, such as the number of messages sent by all Secure Pack users daily, what types of messages our users tend to send (e.g., voice messages more often than text), and so forth. We never attempt to (and cannot) identify users associated with any of this information.
What Information Does Secure Pack Share with Third Parties?
We do not share any user information we have with third parties, with the exception of the third-party service with whom we share your phone number for the sole purpose of sending you an SMS confirmation if you choose to associate your phone number with your Secure Pack ID. Please note that the provision of a phone number is completely at the user’s discretion.
Please see our Law Enforcement Guidelines but here is a brief summary.
We will always notify you of any third party requests for your information unless legally unable to do so. We require a warrant before handing over the contents of your communication, however, because of the nature of our technology, the contents of your communication will be undecipherable if obtained.
We Retain as Little Data as Possible, for the Least Time Possible
Data Retention on Secure Packs Servers: Our servers store the encrypted messages that you send and receive only long enough to ensure their reliable delivery. Undelivered messages are deleted after a reasonable period of time. We retain no- message data (i.e. Types of messages, usernames) for as long as you use the Secure Pack Services and for an indefinite time thereafter.
Data Retention on Your Device: All messages are stored encrypted on end-users’ mobile devices. You choose your own retention policy for your messages by choosing how long a message is saved before it is deleted (via the self-destruct time for sent messages and manual deletion for your device). Deleted messages cannot be recovered.
We Are Serious About Security
However, as security experts, we know that no security system can prevent all potential security breaches. Therefore we have limited the potential implications of such a breach by designing our system so that in the event of a breach, we would have the least possible information about you.
Users Outside Europe
If you use our Services and reside outside Europe, your information will be transferred to Europe and will be processed and stored there under European privacy standards. By using our Services and providing information to us, you consent to such transfer to and processing in Europe.
You are responsible for complying with any laws or regulations that govern the use of applications and services like Secure Pack in any jurisdiction in which you access these services.
Contact Us if You Have Questions
If you have any questions regarding privacy while using our Services, or have questions about our practices, please contact us via email at privacy at diamondsecure.org
Diamond Secure (Moskovska street 21B, Sofia, Bulgaria)
Our privacy practices are consistent with:
• EU General Data Protection Regulation (GDPR)
In accordance with these laws, Diamond Secure may share information, including Personal Information (as defined in section 5 below) provided on a voluntary basis with its promotion and marketing agency and mass-mailing agency.
All Personal Information is collected with your voluntary consent. Personal Information is not accessible to anyone outside the specific function for which it is collected. Diamond Secure values the privacy of its customers, employees, job applicants and other visitors to its website who may choose to provide Personal Information.
Diamond Secure’s Commitment: Our Privacy Principles
Our commitment regarding your Personal Information is reflected in a series of 10 Privacy Principles, which are as follows:
1.Principle – Accountability
Diamond Secure is responsible for Personal Information under its control.
2.Principle – Identifying the Purposes for Collection of Personal Information
3.Principle – Consent for Collection, Use, or Disclosure of Personal Information
Diamond Secure will obtain your informed consent for the collection, use or disclosure of your Personal Information, except as permitted by law.
4.Principle – Limiting Collection of Personal Information
Diamond Secure will limit the collection of personal information, both the amount and the type of information, to what is necessary for the purposes identified by Diamond Secure.
5.Principle – Limiting Use, Disclosure, and Retention of Personal Information
Diamond Secure will not use or disclose Personal Information for purposes other than the identified purposes for which it was collected, except with your consent or as required or permitted by law. Diamond Secure will retain your Personal Information only as long as necessary to fulfill the identified purposes.
6.Principle – Accuracy of Personal Information
Diamond Secure will attempt to make sure that your Personal Information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
7.Principle – Security Safeguards
Diamond Secure will protect your Personal Information by security safeguards appropriate to the sensitivity of the information.
8.Principle – Openness Concerning Policies and Practices
Diamond Secure will make readily available to you specific information about our policies and practices relating to the management of Personal Information.
9.Principle – Individual Access to Personal Information
Upon written request, subject to certain exceptions, Diamond Secure will inform you of the existence, use, and disclosure of your Personal Information and will give you access to that information. You are able to challenge the accuracy and completeness of the information and have it amended as appropriate.
10.Principle – Challenging Compliance
Consent to Share and Disclose Information
Consent to Electronic Notice if There is a Security Breach
- If Diamond Secure is required to provide notice of unauthorized access of certain security systems, you agree that Diamond Secure may do so when required or voluntarily by posting a notice on the Website or sending a notice to any email address that we have for you, at Diamond Secure’s sole discretion. You agree that notice to you will count as notice to any other individual for whom you are acting and agree to provide the notice to any such individual.
Type of information we May Collect
1.“Personal Information” is defined as any information concerning the personal or material circumstances of an identified or identifiable individual. An identifiable person is one who can be identified, directly or indirectly, by reference to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
1. Personal Information shall include but is not limited to: name, home address, home postal code, home telephone number, mobile phone number, email address and employment-related information such as may be found on resumes, applications, background verification information, or in employment references.
2. Non-personal Information is information that is already a matter of public record or knowledge. Business contact information is considered non-personal information and not subjected to special protection and it can be routinely shared with anyone inside or outside of the business. Business contact information shall include but is not limited to: Diamond Secure, business address, business telephone number, and is not considered personal information in certain jurisdictions.
Internet Users – Cookies, Internet Protocol (IP) Address, Aggregate Information
2. Cookies can expire at the end of a browser session (from when a user opens the browser window to when they exit the browser) or they can be stored for longer.
3. Internet Protocol (IP) Address an Internet Protocol (IP) Address is associated with your computer’s connection to the internet. Diamond Secure may use your IP address to help diagnose problems with Diamond Secure’s servers, to administer the Website and to maintain contact with you as you navigate through the Website. Your computer’s IP address also may be used to provide you with information based upon your navigation through the Website. Diamond Secure does not link IP addresses to any Personal Information.
4.Aggregate Information €“ is used to measure the visitors’ interest in, and use of, various areas of the Website and the various services and programs that Diamond Secure offers, Diamond Secure will rely upon aggregate information, which is information that does not identify you, such as statistical and navigational information. With this aggregate information, Diamond Secure may undertake statistical and other summary analyses of the visitors’ behaviors and characteristics. Although Diamond Secure may share this aggregate information with third parties, none of this information will allow anyone to identify you, or to determine anything else personal about you.
5. We also use the services of Google Analytics to gather Aggregate Information on our website. To opt-out of being tracked by Google Analytics across all websites visit: tools.google.com/dlpage/gaoptout.
Our Use of Your Information
2. With your prior consent, Diamond Secure may market to you directly by email, mail or by telephone for the purposes, among others, of offering you some of Diamond Secure new or current product. You may remove yourself from our list at any time.
3. Diamond Secure undertakes not to use any Personal Information it gathers in compliance with this policy or with any applicable legislation, to any other purposes unless we obtain your consent for that purpose or in certain exceptional circumstances, where we believe in good faith that the law requires or allows it.
Collection and Use of Customer Information
1.Diamond Secure will not collect Personal Information unless you register for our services directly. In the future, and only to the extent that you expressly consented thereto, it is possible that we may use this information to contact you regarding products or promotions, as well as other products and services, which may be of interest to you. If you do provide us with Personal Information and expressly consent thereto, we may use the information to contact you, via e-mail, regular mail, telephone or other means, to provide you with information that you requested about specific products or services, provide additional future information about products or services that may be of interest to you, and to learn about and develop products and services. You may withdraw your consent at any time by unsubscribing from our database or contacting us in writing, as described below in section 17.
This section applies to individuals who visit our Website through a mobile device such as a cellphone or tablet computer:
1.Mobile Information We Collect
Personally identifiable information (e.g. name, email address) we collect only of what you share with us. For example, we may ask for this type of information so that we may contact you by phone or email at your request.
If you use any location-enabled products, you may be sending us location information. Diamond Secure does not store or use this information other than to provide the service you requested.
Some mobile applications will utilize Google Analytics (or similar tool) to help us better serve our customers through improved products, services, and revisions to the mobile applications. This collected information will not identify you to Diamond Secure, it may, however, let us know anonymously, which services and features you are using the most within the application, as well as device type and hardware features, country, and language of download.
The use of third party services such as social sharing sites (e.g., Facebook, Twitter, Google+, and Pinterest) is governed by the privacy practices of those services. Diamond Secure does not capture or store your login information or other personally identifiable information for these services; however, session info or cookies may be stored.
2. How We Use Mobile Collected Information
We use the information collected through your mobile device to personalize your experience with the application and to improve your overall experience including the development of new products, services, and features. We also use the information to provide customer support, and when applicable, register and administer your account. Additionally, we may use the information you provide to contact you about updates to our service.
Information you provide may be used to fulfill the service(s) or carry out the transaction(s) you have requested or authorized.
3. Except as required by Law, Diamond Secure Does Not Share Any Collected Mobile Information with Third Parties With the Following Exceptions:
- Diamond Secure may provide some personal data to third-party partners that are providing services essential to your mobile user experience;
2. All requests are sent through your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policies for additional information.
3.Opt-Out of Email and Mobile Updates
5. Sharing of Personal Information
- Although we make every effort to preserve user privacy, we reserve the right to disclose Personally Identifiable Information to a third party in certain limited circumstances, specifically: to comply with a law, regulation, search warrant, subpoena, judicial proceeding, a court order, or as otherwise may be required by law, to enforce our policies or contracts, to collect amounts owed to us, to protect users of our sites from fraudulent or abusive use, during emergencies when safety is at risk, as determined by us, or otherwise where necessary for the establishment, exercise or defense of legal claims. In addition, from time to time, server logs may be reviewed for security purposes; for example, to detect unauthorized activity on the Website. In such cases, server log data, containing IP addresses, would be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities. Such disclosures will be made in accordance with our Law Enforcement Guidelines.
- We endeavor to protect your Personal Information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our control. These measures include safeguards to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, and modification.
7. Storage, Retention, and Accuracy of Personal Information
- Diamond Secure takes all reasonable steps to ensure that Personal Information is safeguarded against loss, access, use, modification, disclosure or other misuses. All reasonable steps are taken to prevent unauthorized use or disclosure of your Personal Information.
- Diamond Secure will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws and your consent to such purpose(s) remains valid after termination of our relationship with you.
- We may store your Personal Information in our databases located in Sofia, Bulgaria or in other datacenters outside Europe where they will be subject to the laws of the local jurisdiction. As a result, in certain circumstances, foreign governments, courts, law enforcement agencies or regulatory agencies may be entitled to access the Personal Information collected and held by Diamond Secure. We undertake to notify you using the email address contained in your account in the event of such disclosure.
8.Access, Control and Update Information About You
- We want to be sure that we keep only the most accurate and up-to-date Personal Information in our records. Therefore, whenever you believe that your Personal Information needs to be updated, you may use your account manager or you may contact us (see section 6) to update your contact information. You may choose at any time to remove your name, telephone numbers, and postal and email addresses from the lists we use to send notices or updates and elect not to receive correspondence from us also by contacting the Privacy Officer.
9. Links to non- Diamond Secure Web Sites and Third Parties
10. Our Privacy Officer
- You may contact our Privacy Officer to access, correct or delete your Personal Information. If necessary, the Privacy Officer will contact the appropriate employee to fulfill your request.
- Should you have any questions or complaints, do not hesitate to contact the Privacy Officer. The Privacy Officer may be reached:
Attention: Diamond Secure Privacy Officer
Moskovska street 21B, Sofia, Bulgaria
13. Terms and Conditions of Website Use
We strongly hope you will have a very positive experience using our applications and products. If you have changed your mind and are not entirely satisfied with our services and provided that you did not pay by bitcoins, simply contact us within seven calendar days, and ask us to cancel. No questions asked. If you paid us by credit card, we would credit the card on file; otherwise, we will send you a check. This policy applies to all our apps and services. Please note that this policy does not apply to products being shipped to Diamond Secure members. For products requiring shipment, the refund policy will be described in the offer details. Unfortunately, setup and domain registration cannot be included in our policy, as once paid, the domain is removed from the available pool, and cannot be returned until the lease is up. The domain name is yours and can be taken with you to another provider. Please let us know if you are keeping the domain name and planning to reuse as there can be some coordination required for hosting/registration change purposes.
If it is the terms or length of the commitment that are the basis for your decision to cancel, please contact sales at diamondsecure.org, and we can see if there is a package better suited to your needs.
Our resellers are legally bound to honor the same policy, so if you did not get your subscription from us directly, contact the reseller for your refund. For more information, see our terms and conditions.
BY REGISTERING AS AN AFFILIATE YOU ARE AGREEING TO THE TERMS AND CONDITIONS SET OUT IN THE AGREEMENT BELOW (“AFFILIATE PROGRAM TERMS”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT PROCEED WITH ORDERING OR USING THE SERVICES
THIS AGREEMENT is by and between Diamond Secure hereafter referred to as (“Diamond Secure”, “we”, “us”, or “our”) and you (“Customer”, “you”, or “your”), as the recipient of Services or the recipient of a commission hereunder as identified as part of the subscription process for Services (a “Partner” as further defined below). Each Diamond Secure and Partner may be referred to as a “Party” and collectively as “Parties” under this Agreement.
Our Affiliate Program is designed to help you generate income in exchange for reselling our products, or referring new clients to use our services.
Partner desires and Diamond Secure is willing to grant Partner either of the following rights in relation to the Affiliate Program for which the Partner is registered:
• If under the Reseller Partner Program: a right to be compensated for referrals resulting in a sale by Diamond Secure of the Services to End-Users identified by Partner, in accordance with this Agreement;
• If under the Technology Partner Program: a right to resell the Services as co-branded applications to End Users in accordance with this Agreement.
NOW, THEREFORE, in consideration of the promises, mutual covenants and agreements set forth in this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows
Whenever used in this Agreement, the following capitalized terms shall have the respective meaning specified below:
- “Business Day” means any day, except Saturday and Sunday on which banks are open in Bulgaria.
- “Claims” means any claim, demand, action, suit, cause of action, assessment or reassessment, charge, judgment, debt, liability, expense, cost, damage or loss, direct or indirect, contingent or otherwise, including loss of value, reasonable professional fees, including fees of legal counsel on a solicitor-and-client basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing.
- “Confidential Information” means all non-public technical information and business information, programming, software code, trade secrets, marketing strategies, software, documentation, customer data, financial information and any other information which in the circumstances of its disclosure could reasonably be viewed as confidential. Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the Receiving Party; (b) was in the Receiving Party’s lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or indirectly from the Disclosing Party; (c) is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure, or (d) is independently developed by the Receiving Party, provided that the foregoing shall not be deemed to permit use or disclosure of information in breach of applicable law. Each Party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by it or its employees or agents in violation of the terms of this Agreement or applicable law.
- “Effective Date” means the date on which the Services are installed and activated, which date shall be confirmed in writing by Diamond Secure to the Partner.
- “End User” means an individual or legal entity that obtains the Services from the Partner or from Diamond Secure, under this Agreement.
- “Includes” and “including” means “including (or includes) without limitation”
- “Intellectual Property Rights” means all rights protectable by copyright, trademark, patent, industrial design or trade secret and other intellectual property rights under any law including common law.
- ” Partner” means a Reseller Partner or a Technology Partner or all of them, depending on the context.
- “Person” means an individual, corporation, company, cooperative, partnership, trust, unincorporated association, an entity with juridical personality or governmental authority or body, and pronouns that refer to a person shall have a similarly extended meaning.
- “Products” means any software products of Diamond Secure or third party providers made available through the Services.
- “Program” or “Programs” means, depending on the context, one or all of the Reseller Partner program or the Technology Partner Program available at https://diamondsecure.org which are designed to govern Diamond Secure’s relationship with the categories of Partners outline in Section I herein.
- “Qualified Purchase” means the purchase of Diamond Secure’s Services by a new and unique End User who: (i) clicks on an affiliate tracking link, (ii) completes the signup process within ninety days of clicking on the affiliate tracking link, (iii) maintains an active account with Diamond Secure for a minimum of ninety days; and (iv) did not transfer from a Diamond Secure partner or related company.
- “Services” means (i) the Secure Pack, a secure communication suite comprised of three separate apps, Encrypted Voice, Encrypted Chat, and Encrypted Email and (ii) Diamond Secure’s technologies to implement encrypted communication within a corporate environment.
Subject to Partner’s compliance with the terms and conditions of this Agreement, Diamond Secure will provide the Services in accordance with its Service Level Agreement and hereby appoints Partner, and Partner hereby accepts such appointment(s), under the applicable Affiliate Program, as:
- If under the Technology Partner Program: a non-exclusive distributor of the Services as co-branded applications to End Users. The foregoing grant is subject to the following conditions:
- The Services shall be made available only to End Users or sub-distributors who in turn make Services available to End Users;
- Technology Partner shall ensure that each End User enters into the applicable End User License Agreements with Technology Partner, Technology Partner’s sub € ‘distributor, Diamond Secure and if applicable, third party Suppliers prior to the Technology Partner providing any access to the Services and prior to any use of the Services by the End User;
- Technology Partner shall pay Diamond Secure the amounts set out in Schedule C for each End User that purchases the Software Services;
- Technology Partner or its sub-distributors will provide the Services to End Users through a web portal or online market place co-branded along with Diamond Secure’s branding, showing Technology Partner branding ( sub-distributors branding).
- If under the Reseller Partner Program: a non-exclusive referral agent of the Services. The foregoing grant is subject to the following conditions: Diamond Secure shall pay Advisor the amounts set out in Schedule C for each End User that purchases the Services
Partner agrees that Diamond Secure and the third party suppliers own all proprietary rights, including patent, copyright, trade secret, trademark and other proprietary rights, in the Services. Nothing in this agreement grants Partner any ownership rights in the Services.
1. Fees and taxes
1.Partner may accrue a one-time referral fee for each purchase of a hosting account that it refers to Diamond Secure that meets the definition of a Qualified Purchase and the requirements set forth herein.
2. Partner must be enrolled at the time of the referral. No referral fee will accrue for sales that occurred before Partner’s participation in the Affiliate Program.
3. In order for Partner referrals to accrue and be eligible for the first referral fee payment, Partner must reach a minimum threshold of CDN $100 (the “Minimum Threshold”) in referral fees within twelve (12) months of the first Qualified Purchase Partner refers to The Minimum Threshold only applies to the first payment issued to Partner under the Affiliate Program. All subsequent referral fees or credits for Qualified Purchases are paid according to the terms set forth herein.
4. Partner is solely responsible for keeping all information up to date including postal and email addresses, name, payment information, tax information and any other personal information that will impact the ability to issue a valid payment
5. Partner is solely responsible for ensuring that all payee information is accurate and up to date in the affiliate system. Diamond Secure is not responsible for any lost or stolen payments.
6. Missing or untracked Partner referrals must be reported within 30 days of the Qualified Purchase and will be credited to your account at our sole discretion, provided that such credit has accrued pursuant to the terms set forth herein. Referrals that are not reported during the prescribed delay will not be credited to Partner’s
7. Referral fees are determined approximately forty-five days after the end of the month in which the Qualified Purchase is recorded. Payments are then processed and sent to Partner between the 16th of the month and the last day of the month. EXAMPLE: the referral fees from a Qualified Purchase recorded in January will be sent to the Partner between March 16th and March 31st.
8. Payments are sent using the PayPal mass payment system. Diamond Secure pays for the transaction fee associated with the mass payment system. Partner is required to supply a PayPal address to receive payments. For larger Partners with balances of over USD $10,000 per month, Diamond Secure offers a wire transfer option. To update your payment information, please contact the affiliate program
9. In the event that Diamond Secure re-issues any payment, a USD $35 charge will apply and be deducted from the Partner’s
10. The partner is responsible for making sure it is able to accept payments.
11. Partner is responsible for any and all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive its referral fees.
12. Because of the high frequency of credit card fraud and cancellation rates, Diamond Secure reserves its rights to hold referral fees for up to two additional months for verification. At our sole discretion, we reserve the right to cancel referral fees in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first ninety days, or if we learn that the referral fee was earned improperly for any other reason.
13. Referral fees will be reversed and deducted from future earnings should the referred customer downgrade it’s Services or terminates its agreement.
14. Referred customers that issue a chargeback or are found to be fraudulent (e.g. false information, fake/stolen credit cards, selling counterfeit goods, etc.), as determined in Diamond Secure’s sole discretion, will be reversed regardless of the amount of time that has passed since the signup occurred.
15. Customers using non-standard rates (rates not available through the Affiliate Program) are not eligible for affiliate referral fees, as determined at Diamond Secure’s sole discretion. Non-standard rates include but are not limited to: sales, promotions, email offers, prepaid accounts and discounted pricing offered for educational, government, non-profit or charity organizations.
16. Partner Restrictions and Responsibilities:
1. Partners MAY NOT
1. offer cashback, rewards or other incentives to drive traffic/sales via its affiliate tracking links;
2. use traffic that is generated by pay to click, pay to read, banner exchanges, click exchanges, CPV advertising, pop-up/under, SPAM, purchased traffic or similar methods;
2. Partners must
1. Ensure its tracking code is working properly before sending traffic to Diamond Secure’s servers. Any modification to the links is the sole responsibility of the Partner. Referral fees may not be paid for tracking errors caused by editing, masking, redirecting or tampering with affiliate links, as determined in our sole discretion;
2. Comply with all local laws.
1.Partner accounts may be terminated at any time without warning or notice at our sole discretion. Any Partner who vr Acceptable Usage Policy or these Affiliate Program Terms, or any applicable law is subject to having its account terminated immediately, and any and all accrued, but not yet received, referral fees will be forfeited.
2. In our sole discretion, any false or misleading advertising or suspected fraudulent activity associated with a Partner’s account will result in immediate termination.
3. Partner accounts generating a large number of fraudulent accounts, as determined in our sole discretion, will be terminated.
4. The grants of rights under this Agreement are reserved for Persons that are providing services to multiple End Users in a competitive market. This Agreement is not to be used by entities that are not at arm’s length to End Users or that, whether directly or indirectly, control or are controlled by an End User, in order to gain advantageous pricing. Where Diamond Secure determines, in its sole discretion, that a Partner or potential Partner is not in compliance with this requirement, it shall be entitled to refuse any application on behalf of a potential Partner and to terminate the Agreement upon five days’ notice.
1.Independent Contractors. The Parties are independent contractors under this Agreement and nothing in this Agreement shall be construed to create any partnership, joint venture, employment or agency relationship whatsoever as between Diamond Secure and Partner. Neither Party shall, by reason of any provision herein contained, be deemed to be the partner, agent or legal representative of the other Party nor to have the ability, right or authority to assume or create, in writing or otherwise, any obligation of any kind, express or implied, in the name of or on behalf of the other Party.
2. Entire Agreement. This Agreement and the schedules attached hereto collectively constitute the entire agreement between the Parties pertaining to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions with respect to the subject matter hereof whether oral or written. This Agreement may only be amended, modified or supplemented by a written agreement signed by both of the Part
3. Applicable Law and Venue. This Agreement shall be governed and construed in accordance with the laws of Bulgaria.
4. Non-Waiver. No waiver of any of the provisions of this Agreement is binding unless it is in writing and signed by the Party entitled to grant the waiver. The failure of either Party to exercise any right, power or option given hereunder or to insist upon the strict compliance with the terms and conditions hereof by the other Party shall not constitute a waiver of the terms and conditions of this Agreement with respect to that or any other or subsequent breach thereof nor a waiver by either Party of its rights at any time thereafter to require strict compliance with all terms and conditions hereof including the terms or conditions with respect to which the other Party has failed to exercise such right, power or option.
5. Force Majeure. Neither Party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of nature, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications, or any act or failure to act by the other Party or such other Party’s employees, agents or contractors; provided, however, that lack of funds and a lack of reasonable disaster recovery plans and safeguards shall not be deemed to be a reason beyond a Party’s reasonable control. The Parties will promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement.
6. Successors and Assigns. A Party may not assign this Agreement without the prior written consent of the other Party, such consent not to be reasonably withheld. This Agreement shall ensure to the benefit of and be binding upon Diamond Secure and Partner and their respective legal successors and permitted assigns.
7. Survival. All obligations of Diamond Secure and Partner which expressly or by their nature survive expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding such expiration or termination and until they are satisfied or by their nature expire.
8. Cumulative Rights. The rights of each Party hereunder are cumulative and no exercise or enforcement by a Party of any right or remedy hereunder shall preclude the exercise or enforcement by such Party of any other right or remedy hereunder or which such Party is otherwise entitled by law to enforce.
9. Further Assurances. The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent.
10. If in any jurisdiction, any provision of this Agreement or its application to any Party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective only to the extent of such restriction, prohibition or unenforceability without invalidating the remaining provisions hereof and without affecting the validity or enforceability of such provision in any other jurisdiction or its application to other Parties or circumstances.
11. Language. The Parties have requested that this Agreement, together with any schedule, notice or other related documents, be drawn up in the English language only.
IN WITNESS OF WHEREOF, BY CLICKING ON “I AGREE” the Parties hereto, through their duly authorized officers, have executed this Agreement.
LAW ENFORCEMENT GUIDELINE
What is Secure Pack?
Secure Pack is a bundle of applications created by Diamond Secure that provides encryption of the three major communication modes used by mobile phone users: Encrypted Email, Encrypted Chat, and Encrypted Voice.
Encrypted Email: Our email application enhances regular email functionality with an intuitive and easy to use a ration of the open-source technology of PGP encryption. Any email encrypted by PGP is irretrievable by us or any other party. The body of the email is secure and so is any attachment. Our solution even disguises the file type of any attachment, by labeling all as ‘attachment.pgp’.
Encrypted Chat: Encrypted Chat offers secure communication over XMPP based chat servers. Our secure communication servers use the OTR protocol to ensure that conversations are entirely private, eliminating even the meta-data that is typical of many email encryption solutions. Unlike other secure chat programs, no data is stored on our servers, not even messages waiting to be delivered. Rather than storing chat messages on the server until the recipient is online, the messages are held on the device until the recipient is available.
Encrypted Voice: As with Encrypted Chat, Encrypted Voice does not store any data on our servers, meaning that nothing can be retrieved in transit by a third party, without by-passing the encryption technology for voice communication, ZRTP. ZRTP is a truly peer-to-peer service; ensuring conversations are protected against man-in-the-middle attacks. We cannot divulge any conversation conducted over our ZRTP servers, not even who made a call, as no data is kept on our servers whatsoever, beyond the user names of those who use our service.
We are committed to operate in an environment of complete transparency and to cooperating with law enforcement while respecting each individual’s right to privacy.
Requests for user information
Requests for user account information from Euroepan law enforcement should be directed to Diamond Secure at:
Attention: Diamond Secure att: Legal Notices
Moskovska street 21B, Sofia, Bulgaria
We will respond to valid legal process issued in compliance with Euroepan law.
Private Information Requires a Subpoena or Court Order
Non-public information about Diamond Secure user accounts will not be released to law enforcement except in response to appropriate legal processes such as a subpoena, court order, or other valid legal processes.
Contents of Communications Are Not Available
Requests for the contents of communications require a valid search warrant from an agency with proper jurisdiction over Diamond Secure. However, our response to such a request will reflect that either the content is not available or that, in very limited instances where a message has not yet been retrieved by the recipient, the content will be limited to scrambled data which is indecipherable.
Will Diamond Secure Notify Users of Requests for Account Information?
We will notify users of requests for their account information prior to disclosure including providing user with a copy of the request unless we are prohibited by law from doing so.
What Information Can Diamond Secure Supply You with?
Diamond Secure has the following information about User Accounts:
• Date an account was created
• Name provided by purchaser and method of billing used (if purchased on behalf of an organization, only the purchaser will have a name associated)
• username selected
• Type of device on which such account was installed
• Date of last use
What Must Be Included in Account Information Requests?
When requesting user account information, you must include ALL of the following:
• User name (Diamond Secure username) for account being investigated
• A valid official email address
• Law enforcement letterhead
• Description of account information being sought
Service of Process
We do not accept the l process via email unless otherwise ordered by a court of competent jurisdiction.
However, law enforcement authorities may notify us of upcoming mail delivery and what to look for to expedite matters.
Production of Records and Authentication
We provide responsive records in electronic format unless otherwise ordered by a court of competent jurisdiction and believe that any records produced in response to a valid law enforcement request are self-authenticating. If you require a declaration, please explicitly note that in your request.
GENERAL TERMS and CONDITIONS for MOBILE DEVICE SALES
Article 1 Definitions
1. In these general terms and conditions, the following terms are used in the sense stated below, unless explicitly indicated otherwise.
Diamond Secure: Diamond Secure, having its registered office in Moskovska str. 215B, Sofia, Bulgaria
Other party: the party, which, based on an offer or quotation (or otherwise) and acting in a professional capacity or as a company (or otherwise), purchases items from, or delivers items to, Diamond Secure, or instructs Diamond Secure to carry out work (or have others carry out work).
Contract: the contractual agreement between Diamond Secure and the Other Party.
Products: The Mobile phone/s and Licensed Software.
Mobile phones: mobile phones and other equipment identified in an Order.
Software: the object code version of the computer programs incorporated, embedded, or otherwise provided by Seller for use in connection with the Mobile phones
Article 2 General
1. These terms and conditions apply, to the exclusion of all other terms and conditions, to all offers, quotations and Contracts between Diamond Secure and the Other Party and to all additional or renewed Contracts, regarding which Diamond Secure has stated that these terms and conditions apply, insofar as these terms and conditions have not been deviated from by the parties expressly and in writing.
2. These terms and conditions apply exclusively. The applicability of any purchase conditions or other terms and conditions of the Other Party is therefore expressly rejected.
3. These general terms and conditions also apply to all Contracts with Diamond Secure that require the involvement of third parties for their fulfillment.
4. Any deviations from these general terms and conditions are only valid if these have been agreed between the parties expressly and in writing. In the event of a conflict with the provisions of the general terms and conditions, agreements made in the Contract take precedence over the general terms and conditions.
5. If one or more of the provisions in these general terms and conditions are fully or partially null and void, or may fully or partially be declared null and void at some future time, the other provisions of these general terms and conditions continue to apply in full. In such cases, Diamond Secure and the Other Party will enter into consultation in order to agree new provisions in substitution for the partially or fully null and void provisions, or the provisions that have been fully or partially nullified, subject to taking into account the purpose and essence of the original provision(s), as far as possible and to the greatest possible extent. In the case of a provision that is partially null and void, or becomes partially null and void at some future time, the remaining stipulations of the provision continue to apply fully at all events.
6. If a situation arises between the parties that are not governed by the provisions of these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
7. No rights can be derived from the headings above the articles. These are purely indicative of the content of the provisions of these general terms and conditions.
Article 3 Offers and quotations
1. All offers and quotations are made without obligation unless an acceptance period has been specified in the offer.
2. The contract becomes effective when Diamond Secure confirms the order/contract to the other party, or as soon as Diamond Secure takes any action for the purpose of contract fulfillment.
3.The prices in the offers and quotations referred to above are exclusive of VAT and other charges imposed by the government, as well as costs that may be incurred for fulfillment of the Contract, including shipping and administration costs, unless agreed otherwise in writing
4.Diamond Secure may not be obliged to honor its quotations or offers, or a part thereof, if the Other Party, subject to normal standards of reasonableness and fairness and generally accepted social standards, could have been expected to understand that the offeror quotation, or a part thereof, obviously contained a mistake or slip of the pen.
5. The (delivery) periods stated in quotations by Diamond Secure are general and indicative, and not binding for Diamond Secure.
6. Diamond Secure is not bound if the acceptance differs from the offer proposed in the quotation (regardless of whether this applies to trivial points or not). In cases where the acceptance deviates as referred to above, no Contract is entered into, unless Diamond Secure indicates otherwise.
7. A price specification for multiple items does not oblige Diamond Secure to fulfill a part of the Contract or deliver part of the items specified in the quotation, at a proportionally calculated percentage of the stated price.
8. Offers or quotations do not automatically apply for future repeat orders.
Article 4 Contract fulfillment
1. Diamond Secure may request a financial advance before initiating the very of the items or starting work in order to fulfill the Contract. The item shall only be delivered, or work shall only start on Contract fulfillment, after payment of the advance.
2.Diamond Secure shall fulfill the Contract to the best of its understanding and abilities and in accordance with the standards of good craftsmanship. This shall be subject to the level of scientific knowledge available at that time.
3. If and inasmuch as the proper fulfillment of the Contract requires, Diamond Secure is entitled to have certain work carried out by third parties.
4. The Other Party ensures timely delivery to Diamond Secure of all the details, which Diamond Secure has indicated are required, or which the Other Party could reasonably be expected to know are required for fulfillment of the Contract. If the details required for fulfillment of the Contract are not provided to Diamond Secure in good time, Diamond Secure is entitled to suspend fulfillment of the Contract and/or charge the extra costs ensuing from the delay to the Other Party at the normal rates that apply for this.
5.Diamond Secure is not liable for damage of whatever type that arises due to the fact that Diamond Secure bases its work on incorrect and/or incomplete details that have been provided by the Other Party, or due to the fact that these details have not been provided on time, unless Diamond Secure could have been expected to be aware that these details were incorrect or incomplete.
Article 5 Rates and prices
1. If Diamond Secure has agreed on a firm sales price with the Other Party, Diamond Secure is nevertheless entitled to increase the price in the cases listed below.
2. Diamond Secure may charge price increases if Diamond Secure can demonstrate that significant price changes have taken effect during the period from the time of the offer to the time of fulfillment of the Contract with regard to, for example, exchange rates, wages, raw materials, semi-finished goods or packaging materials.
3.If the price increase amounts to more than 10%, the Other Party is entitled to dissolve the Contract, unless this price increase is a result of a change to the Contract or ensues from a legal obligation.
4. The prices applied by Diamond Secure are exclusive of VAT and possibly other taxes, as well as costs that may be incurred in fulfillment of the Contract, including shipping and administration costs unless agreed otherwise in writing.
Article 6 Payment
1.Payment must be made within 14 days from the date of the invoice, unless expressly indicated otherwise by Diamond Secure. Furthermore, payment must be effected in the manner to be specified by Diamond Secure and in the currency stated on the invoice.
2. If the Other Party fails to make payment within a period of 14 days, the Other Party is legally in default. From that time, the Other Party owes a (contractual) rate of interest of 1% per month, unless the statutory rate of interest for commercial transactions is higher, in which case the statutory rate of interest for commercial transactions applies. The interest on the payable amount shall be calculated from the time when the Other Party is in default to the time when the complete amount owed is paid, without prejudice to any further rights possessed by Diamond Secure.
3. The receivables owed to Diamond Secure by the Other Party become immediately payable if (i) the Other Party goes into liquidation, (ii) a provisional or definitive moratorium on payments is granted to the Other Party, (iii) bankruptcy of the Other Party is petitioned for, or the Other Party is declared bankrupt, (iv) an attachment is levied against the assets of the Other Party, or (v) any other circumstance means that the Other Party is no longer able to freely dispose of its assets.
4. Diamond Secure is entitled to deduct the payments made by the Other Party firstly from the costs, then from the accumulated interest arrears and finally from the principal sum and the accruing interest.
5. Diamond Secure may, without thereby defaulting, refuse an offer of payment if the Other Party indicates a different sequence for allocating the payment.
6. Diamond Secure may refuse total repayment of the principal sum if the accumulated interest arrears, accruing interest, and costs are not also covered by this payment.
7. Any objections to the amount of the invoice will not suspend the payment obligation.
8. In addition to the prohibition relating to suspension as described in paragraph 7 of this article, the Other Party also does not have the right to suspend the payment of an invoice for any other reason.
9. The Other Party is never entitled to apply setoff to the amounts it owes to Diamond Secure Lab.
10. Diamond Secure may charge a credit limitation supplement of 2%. This supplement need not be paid if payment takes place within 30 days after the date of the invoice.
11. If further fulfillment of the Contract is not possible due to a circumstance for which Diamond Secure is not responsible, and other than as a result of premature termination on the part of the Other Party, and if Diamond Secure at that time has indeed partially complied with its obligations ensuing from the Contract, or is in a position to comply with those obligations and the part that has been complied with, or the part that is still to be complied with, can respectively be assigned an independent value, Diamond Secure is entitled to raise a separate invoice for the part that has been complied with, respectively the part that is still to be complied with. The Other Party must pay this invoice as if a separate Contract were involved.
12. If the Other Party consists of multiple (legal) persons, each of those (legal) persons is jointly and severally obliged to make timely payment of the amounts owing pursuant to the Contract.
Article 7 Debt collection costs
1. If the Other Party is in payment default or has failed to fulfill one or more of its obligations, all reasonable costs associated with achieving an extrajudicial settlement are for the expense of the Other Party. If the Other Party continues to default in making timely payment of an amount of money, it shall become liable to pay an immediately eligible fine of 15% of the amount that is still owed. This is subject to a minimum of €175.00.
2. If Diamond Secure incurs higher costs, which can be reasonably considered to have been necessary, the actual costs qualify for repayment.
3. Any reasonable judicial and foreclosure costs that are incurred shall also be charged to the Other Party.
4. The Other Party is also liable to pay the interest rate stated in article 6, paragraph 2 of these general terms and conditions in relation to the debt collection costs that have been incurred.
Article 8 Retention of title
1. All items delivered by Diamond Secure, which may also include samples or models, remain the property of Diamond Secure until the Other Party has duly complied with all of its obligations ensuing from the Contract(s) it has entered into with Diamond Secure.
2. The Other Party is not authorized to pledge or encumber in any other way the items that are subject to retention of title.
3. If third parties seize the items delivered subject to retention of title, or wish to establish or enforce rights in respect of those items, the Other Party must immediately inform Diamond Secure thereof.
4. The Other Party undertakes to take out and maintain insurance for the items delivered subject to retention of title in respect of fire, explosion damage, water damage, and theft and make this policy available for scrutiny at the first request.
5. Items delivered by Diamond Secure, which are subject to retention of title pursuant to the provisions of paragraph 1 of this article, may not be resold or used as a means of payment.
6. During the period that the Other Party has the items under its care and the title has not yet transferred, it shall mark them visibly as the property of Diamond Secure and keep them clearly separate from other items at its premises or other business inventory or stocks. The Other Party shall not present itself as the owner of the items vis-à-vis third parties during this period.
7. In the event that Diamond Secure wishes to exercise its right of title as described in this article, the Other Party now for them unconditionally and irrevocably gives permission to Diamond Secure, or to third parties appointed by Diamond Secure, to enter the areas where the property of Diamond Secure is stored and take those items back.
Article 9 Delivery and shipping
1. Items are delivered on an ex-works basis by Diamond Secure.
2. Diamond Secure decides the means of transport, shipping, packing and so on.Shipping/transportation of items always takes place for the account and risk of the Other Party and is not included in the agreed price for the items to be delivered by Diamond Secure, unless indicated otherwise.
3. The Other Party must take delivery of the goods at the time they are made available to it.
4. If Diamond Secure requires information from the Other Party in order to fulfill the contract, the delivery period starts from the time when the Other Party has made this information available to Diamond Secure.
5. If Diamond Secure has indicated the delivery date, that date is indicative. An indicated delivery date may therefore never be considered to be a firm deadline. If a delivery date is not met, the Other Party must give Diamond Secure written a notice of default.
6. Diamond Secure expressly draws the other party’s attention to the fact that the delivery period is strongly dependent on external factors that lie outside the sphere of control of Diamond Secure. If a delivery period that has been communicated by Diamond Secure (which is never a firm deadline) is exceeded as a result of, or partially as a result of, external factors of this type, the delivery overrun can never result in an imputable fault. This applies in full in the case of an overrun in respect of a period set following a default, unless this would also be unreasonable when considered in the spirit of this provision.
7. If the Other Party refuses to take delivery or neglects to provide information or instructions that are necessary for the delivery, Diamond Secure is entitled to store the goods at the Other Party’s risk and expense.
Article 10 Investigation, complaints regarding items that have been delivered or made available
1. the other Party must inspect the goods (or have the goods inspected) immediately at the time when the goods are made available to the Other Party. When doing so, the Other Party must investigate whether the quality and quantity of the delivery correspond to what has been agreed, or otherwise comply with the standards that apply for normal (commercial) transactions.
2. Any visible faults or defects must be reported to Diamond Secure in writing within a period of five days after delivery. Concealed faults or defects, must be reported in writing immediately, however at all events also no later than within eight days after their discovery and no later than two months after delivery.
3. If a complaint is submitted in good time in accordance with the provisions of the previous paragraph, the Other Party continues to be obliged to accept and pay for the purchased items.
Article 11 Suspension and dissolution
1. Diamond Secure is authorized to suspend compliance with its obligations or dissolve the Contract, if:
• the Other Party does not, or not completely, comply with its obligations ensuing from the Contract, or is late in doing so;
• Diamond Secure, after entering into the Contract, becomes aware of circumstances that give Diamond Secure adequate grounds to fear that the Other Party shall not fulfill its obligations;
• at the time of entering into the Contract, the Other Party has been requested to provide security with regard to fulfillment of its obligations ensuing from the Contract, and this security is not given or is insufficient;
1. A good reason to fear that the Other Party shall not fulfill its obligations is considered to exist at all events if one of the following situations occurs: (i) a temporary or definitive moratorium on payments is granted to the Other Party, (ii) bankruptcy of the Other Party is petitioned for, or the Other Party is declared bankrupt (iii) an attachment is levied against the assets of the Other Party, or (iv) any other circumstance means that the Other Party is no longer able to freely dispose of its assets.
2. Furthermore, Diamond Secure is authorized to dissolve the Contract (or have it dissolved) if circumstances arise of such a nature that fulfillment of the Contract becomes impossible, or may no longer be demanded subject to standards of reasonableness and fairness, or if any other circumstances arise that are of such a nature that Diamond Secure may not, in all reasonableness, be expected to uphold the Contract.
3. If the dissolution can be imputed to the Other Party, Diamond Secure is entitled to compensation of the resulting damage by the Other Party, including the direct and indirect costs incurred as a result.
4. If the Contract is dissolved, the receivables owed to Diamond Secure by the Other Party are immediately payable. If Diamond Secure defers fulfillment of its obligations, it retains its claims based on the law and the Contract.
5. If Diamond Secure initiates suspension or dissolution, it is in no way obliged to pay for any associated damage and costs that arise in whatever way.
6. Diamond Secure always retains the right to demand damage compensation.
Article 12 Liability
1. If the event that Diamond Secure may be found liable, its liability is limited to that described in this provision, unless determined otherwise in these general terms and conditions.
2. The total liability of Diamond Secure on the grounds of an imputable failure to comply with the Contract, or pursuant to any other reason, is limited to the ent of direct damage up to a maximum of the amount that has been negotiated for the Contract (excluding VAT). Furthermore, the liability is always limited to a maximum of the amount covered for the case in question by the insurance company with which Diamond Secure has taken out liability insurance.
3. Direct damage is exclusively understood to mean:
• the reasonable costs that are incurred in order to establish the cause and extent of the damage, insofar as the determination relates to damage as defined in these terms and conditions;
• the possible reasonable costs that are incurred in order to ensure that the defective performance on the part of Diamond Secure is made to comply with the Contract unless these cannot be attributed to Diamond Secure.
• reasonable costs incurred in order to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to a limitation of direct damage as defined in these general terms and conditions.
1. Diamond Secure shall never be liable for indirect damage, including consequential damage, loss of profit, savings that could not be achieved, loss of goodwill and damage due to work stoppages.
2. Diamond Secure is not liable for any damage suffered by the Other Party or any other third party, of whatever nature and whatever cause, which is the result of incorrect and/or inexpert use on the part of the Other Party or any third party of the items delivered by Diamond Secure.
3. Diamond Secure is not liable for damage or destruction of items during shipping or during delivery by the Postal Service, regardless of whether shipping or delivery by post is arranged by or on behalf of the Other Party, Diamond Secure or third parties.
4. The Other Party may only invoke the consequences of an imputable fault in complying with a Contract agreed with Diamond Secure after the Other Party has sent Diamond Secure notice of default in writing and Diamond Secure continues to default after the associated reasonably determined period of grace has elapsed.
5. Any entitlement to damage compensation is always conditional to the Other Party reporting the damage to Diamond Secure in writing as soon as possible after it has occurred.
6. A series of related events that have resulted in damage is considered to be a single event for the purpose of applying this article.
7. The liability limitations for direct damage stipulated by these general terms and conditions do not apply if the damage can be attributed to malice or gross negligence on the part of Diamond Secure or its subcontractors.
Article 13 Intellectual property and copyright
1. All rights of the right and all other possible rights of intellectual or industrial property in the matter of or in relation to the items delivered and/or made available to the Other Party by Diamond Secure are solely vested in Diamond Secure.
2. The Other Party shall only acquire the rights of use that are expressly assigned to it by these general terms and conditions and by the law.
3. The Other Party is not permitted (and if necessary, this applies additionally to the rights of copyright held by Diamond Secure as referred to in paragraph 1 of this article) to copy the items delivered by Diamond Secure, or make them a matter of public knowledge, fully or partially, without first obtaining prior written permission from Diamond Secure. Neither is the Other Party permitted to copy the information and/or documentation that has been provided in association with the items delivered by Diamond Secure, or make that information and/or documentation a matter of public knowledge, fully or partially, without first obtaining prior written permission from Diamond Secure.
4. Insofar as Diamond Secure, for the purpose of fulfilling the Contract, needs to use items, brands, images, symbols, etc. to which the Other Party has exclusive rights of intellectual or industrial property, or rights of use, the Other Party shall grant to Diamond Secure a non-exclusive right of use for the duration of the Contract and within the context of fulfillment of the Contract.
5. Diamond Secure hereby grants to Other Party and its affiliates and subsidiaries a non-exclusive, perpetual, worldwide license to:
6. use the Software embedded in the products sold and in accordance with the Documentation (i.e. means user manuals for the products; all addenda, corrections, and new editions of these materials; and any other materials in any form, that Diamond Secure customarily provides to end-users of the products. Documentation includes, without limitation, all of the published specifications for the Products described in an order
7. make additional copies of the Software as reasonably necessary for backup or archival purposes, or for benchmark or another temporary testing;
8. change, modify, and copy the Documentation, including to convert any of the Documentation into machine-readable form, whether for online or other kinds of electronic access to it; and
9. transfer the Software to another party in connection with the distribution or sale of the products.
This license includes the right to authorize employees, customers and suppliers of Other Party and its subsidiaries and affiliates to perform any of the activities described in this paragraph 5, 6, 7, 8, 9.
10. In the matter of items delivered to Diamond Secure by the Other Party, the Other Party grants to Diamond Secure a non-exclusive, perpetual, irrevocable, global and transferable right of use. This right of use also includes the right to grant the same right of use to (possible) purchasers or to other third parties with which Diamond Secure maintains relations in connection with conducting its business
11. The Other Party involved by Diamond Secure guarantees that use (including reselling) of the items it has delivered shall not infringe upon intellectual property rights or other (property) rights of third parties.
Article 14 Indemnifications
1. The Other Party indemnifies Diamond Secure against all third party claims which are directly or indirectly associated with the Contract.
2. The Other Party on its part indemnifies Diamond Secure against all claims for (compensation of) damages, of whatever kind, due to the fact that Diamond Secure has based its work on incorrect and/or incomplete information provided by, or at the request of, the Other Party for the purpose of fulfilling the Contract.
Article 15 Transfer of risk
1. The risk of loss or damage of items that are the subject of the Contract transfers to the Other Party at the time when these are juristically and/or actually delivered to the Other Party and therefore brought under the control of the Other Party or of third parties that are to be appointed by the Other Party.
Article 16 Force majeure
1. Diamond Secure is not obliged to fulfill any obligation towards the Other Party if Diamond Secure is prevented from doing so due to a circumstance not attributable to any wrongful act on its part or chargeable to it in accordance with the law, any juristic act or generally accepted practice.
2. In these general terms and conditions, ‘force majeure’ is, in addition to what is understood in this respect in the law and in case law, to be understood to mean all foreseen and unforeseen external factors upon which Diamond Secure cannot exert any influence, due to which however Diamond Secure is unable to fulfill its obligations. Force majeure is at all events understood to mean: force majeure in respect of the suppliers of Diamond Secure, delay or confiscation of items by the customs authorities in a country due to non-compliance on the part of suppliers of Diamond Secure with customs and other formalities that must be fulfilled in order to deliver the items, measures enforced by the government, power failures, non-availability of Internet, breakdowns in computer networks or telecommunication facilities, war, factory sit-ins, strikes, general shipping problems and the non-availability of one or more members of staff.
3. Diamond Secure is also entitled to claim force majeure if the circumstances that prevent (further) fulfillment arises after the time when Diamond Secure should have fulfilled its obligations.
4. Diamond Secure may suspend the obligations ensuing from the Contract for as long as the situation of force majeure continues. If this period lasts longer than two months, each of the parties shall be entitled to dissolve the contract without obligation to pay the other party for any damage suffered.
Article 17 Secrecy and confidentiality
1. Both parties have an obligation to keep secret all confidential information that they have acquired for the purposes of the Contract from the other party, or from another source. Information is considered to be confidential if the other party indicates this, or if the nature of the information is such that its confidentiality is self-evident.
2. If the Other Party receives confidential information from Diamond Secure, it shall solely use this information for the purpose for which it was provided.
Article 18 Samples and models
1.If a sample, model or design is shown or provided to the Other Party, it must be understood to have been provided on a purely indicative basis, unless it is expressly agreed in writing that the item that is to be delivered must comply with the sample, model or design.
Article 19 License
Diamond Secure hereby grants to The other party and its affiliates and subsidiaries a non-exclusive, perpetual, worldwide license to:
(i) use the Licensed Software on the Mobile phones and in accordance with the Documentation;
(ii) change, modify and copy the Documentation, including, without limitation, to edit and reformat any of the Documentation or convert any of the Documentation into machine-readable form, whether for online or other kinds of electronic access to it; and
(iii) transfer the Licensed Software to another party in connection with selling and distributing the mobile phone.
This license includes the right to authorize employees, customers and suppliers of The other party and its subsidiaries and
affiliates to perform any of the activities described in this Section 5(a).
1. Object Code.
The other party is not obligated to keep confidential the Licensed Software in object code or written form.
Nothing in this Agreement or any Purchase Order is intended to establish or should be construed as establishing,
any kind of confidential relationship between The other party and Diamond Secure with respect to the Licensed Software in object code form, regardless of any markings, screen displays, or other notices given by Diamond Secure at any time. The other party shall refrain, however, from any reverse compilation, disassembly, or other attempts to obtain the Licensed Software in source code form, except to the extent permitted by law.
1. Misuse of Licensed Software.
In the event Diamond Secure has the knowledge or has reason to believe, that The other party is using the Licensed Software beyond the scope of the license granted under this Agreement, Diamond Secure shall notify The other party of the alleged misuse, in writing, in accordance with the Section entitled “Notices.” Upon receipt of such notice, or in the event The other party itself has reason to believe that misuse of the Licensed Software may be occurring, the other party shall promptly investigate the alleged misuse, and shall destroy any unauthorized copies of the Licensed Software, or submit a written request to Diamond Secure for authorization to continue using some or all of them. The other party shall provide Diamond Secure with a written report which summarizes the results of The other party’s investigation into the alleged misuse and what actions The other party took to correct it. The foregoing sets forth Diamond Secure’s sole and exclusive remedy for misuse of the licensed Software so long as The other party performs its investigation and provides the results of it to Diamond Secure in a timely fashion.
Article 20 Compliance
а. With Applicable Laws.
Diamond Secure warrants that any mobile phone apparatus or equipment furnished hereunder will comply with the applicable standards within the European Union, whereas every regulation is observed. Upon request, Diamond Secure shall submit a certification that it performed its obligations under this Agreement in accordance with the foregoing warranty.
1. The other party and Local Rules and Regulations.
Diamond Secure shall ensure that any of its employees on any The other party premises (i) comply with The other party’s employee rules of conduct, including, without limitation, the other party’s security and safety procedures which Diamond Secure and/or its employees have been provided access to; and (ii) comply with all state, and local health, safety, and environmental laws and regulations applicable to such The other party premises.
2. With Export Laws and Regulations.
Diamond Secure shall comply with all applicable statutes and government rules, regulations, and orders pertaining to European Union export controls.
Article 21 Support and Maintenance Services
Diamond Secure will provide The other party with the following Support Services:
- Mobile Phones Maintenance.
Diamond Secure shall maintain the Mobile phone, if any, in accordance with the attachment to this Agreement entitled “Mobile phone Maintenance.” The other party reserves the right, however, to obtain maintenance for any, some, or all of the Mobile phones from other Diamond Secure. In this event, Diamond Secure shall, at The other party’s request, provide spare parts, training, and any other support reasonably required by any other Diamond Secure selected by The other party to perform Mobile phone maintenance.
2. Software Updates.
Diamond Secure shall provide the following updates for the Licensed Software: the annual delivery to The other party of all corrections, updates, new releases, or new versions of the Licensed Software, together with all accompanying Documentation, promptly after final testing, but in no event later than the date made available to Diamond Secure’s general customer base. These annual deliveries will be made by Diamond Secure at no charge. From time to time, however, the other party may request and Diamond Secure shall make additional deliveries, subject to reimbursement by The other party of Diamond Secure’s shipping and handling costs. The other party may, but need not, use any, some, or all of the corrections, updates, new releases, or new versions of the Licensed Software delivered under this Section.
3. Technical Support Department
Diamond Secure shall maintain a technical support department with which the other party can report Program Errors to Diamond Secure twenty-four (24) hours a day, seven (7) days a week, or obtain ongoing technical assistance as may be required for The other party to understand and use the Licensed Software. The technical support department shall be available for live communication during Diamond Secure’s normal working hours. If unable to provide live communication for all or any portion of the remaining twenty -four (24) hours a day, Diamond Secure shall provide email support.
4. Classification of Program Errors.
Diamond Secure shall correct any Program Error which becomes known to it in accordance with the severity of the Program Error involved and its actual or potential impact upon The other party operations. The other party shall inform Diamond Secure of these facts when making its trouble report. The other party reserves the right to reclassify any Program Error as a Critical Program Error, or vice versa, at any time. The fact that a Program Error is not classified as a Critical Program Error, however, shall in no way prejudice The other party’s rights or remedies under this Agreement.
Diamond Secure shall respond to every The other party trouble report as follows, commencing upon receipt of The other party ‘s trouble report:
(1) Error Reporting. Diamond Secure shall provide telephone consultation to The other party during Diamond Secure’s normal working hours.
(2) Non-Critical Program Errors. For Program Errors other than Critical Program Errors, Diamond Secure shall use its best
efforts to correct them either through the development and provision of a corrective code for the Licensed
Software or through corrective addenda or substitute pages for the Documentation, or both. Diamond Secure shall promptly replace any workaround, patch, or other temporary correction provided to The other party, in response to a Program Error, with a permanent correction and, in any event, shall include such permanent correction in the next release of the Licensed Software.
(3) Critical Program Errors. For Critical Program Errors other than a Key, Diamond Secure shall respond in the same manner as that described in the preceding paragraph but shall deliver a suitable work-around, patch, or other temporary correction suitable to restore lost functionality and performance within the first twenty-four (24) hours after such issue has been reported to Diamond Secure. For a Key, Diamond Secure shall unlock, remove, or disable the Key or shall provide The other party with the algorithms, code, specifications, or other means to do so within the first six (6) hours after such an issue has been reported to Diamond Secure.
(4) Extraordinary Circumstances. If Diamond Secure encounters unforeseen circumstances that delay or make it impossible for Diamond Secure to perform the obligations set forth above, Diamond Secure shall cooperate with The other party to provide appropriate workarounds, interim support, on-site personnel, or other remedial measures commensurate with the severity and impact of the Program Error.
1. Other Users.
Should Diamond Secure learn of a Program Error from any users other than The other party, Diamond Secure shall promptly notify The other party of the Program Error and its potential impact on The other party operations, and shall respond in accordance with the procedure described in the section entitled “Response” of this Exhibit A as if the Program Error was reported by The other party
Article 22 Disputes
1.All disputes, arising from this Agreement or related to it, including those arising from or concerning its interpretation, invalidity, performance or termination, as well as the disputes for filling gaps in this Agreement or its adaptation to newly established facts, shall be referred for resolution to the Bulgarian Court, Sofia, in compliance with its Rules for Litigations, based on arbitration agreements and by panel of three arbiters.
2. Nevertheless, Diamond Secure is entitled to submit the dispute to the court which has jurisdiction according to the law.
3. The parties shall not apply to a court until they have done their utmost to reach an amicable settlement of the dispute.
Article 23 Applicable law
1. European law applies exclusively to each Contract between Diamond Secure and the Other Party. The possible applicability of the Vienna Sales Convention is expressly excluded.
Article 24 Explanation and location of the terms and conditions
1. In the event that an explanation is required of the content and meaning of these general terms and conditions, the English language version always prevails over other language versions.
2. The most recently filed version always applies, or the version that was effective at the time when the contract was entered into.
3. Diamond Secure is entitled to change these terms and conditions unilaterally at any time.