You must agree to the following terms of use in order to use RelyPass

Please read this document carefully before using RelyPass (which includes any of the RelyPass app, server API, and syncing and backup services and referred below as Licensed Application, RelyPass, or application).

Introduction

English Language Terms Apply

We (Rely Inc, also known as Licensor) are translating our terms of use and our other content and application interfaces into other languages for customer convenience.  We are sometimes using a third party tool for this translation and we cannot guarantee the legal quality or accuracy of the translation. Therefore, for the RelyPass Terms of Use and Privacy Policy, the English versions are the only official version legally enforceable and we encourage you to read, and understand the English version for complete accuracy of understanding of this usage and privacy policy agreement. Contact us via email if you would like us to send you a PDF version of our current terms of use (this document) or privacy policy. When you indicate that you agree to the terms of use, you are agreeing to the English version and not another language version.

Governing Laws, Legal Jurisdiction And Remedy

By using RelyPass, you agree that this agreement is bound by the laws of the State Of California in the United States of America and that should legal proceedings be required between you and Rely Inc. regarding your use of the RelyPass app or services, then such proceedings must take place in the city of San Francisco, in the state of California, in the United States Of America. If both parties agree, arbitration may be used to settle any disputes.

Using RelyPass Means Accepting These Terms

By accessing or using the RelyPass app or services in any way, you agree to and are bound by the terms and conditions written in the English version of this document. If you do not agree to all of the terms and conditions contained in this document, you are not authorized to use our app or services.

Your Agreement With Rely Inc

This agreement is between you and Rely Inc. and not between you and Apple.  Rely is solely responsible for the Licensed Application and content thereof and this agreement does not allow you to use, or Rely Inc. to offer an application that is in conflict with the App Store Terms of Service.

This Is a Living Document

We will likely improve this document over time. By continuing to use the RelyPass app and services, you will implicitly accept the changes we make. We will send you notice within the RelyPass app if the terms are substantively changed. Your access and use of RelyPass is always subject to the most current version of this document.

Breach of Terms

If you breach any of the terms and conditions in this document, your authorization to access or use RelyPass automatically terminates and we may block, restrict, disable, suspend or terminate your access to all or part of our services at any time with our sole discretion, without prior notice or liability to you.

Support

Support for RelyPass is provided solely by Rely Inc via our FAQ and Contact services. We do our best to provide a simple and easy to use service that meets your needs and we will update the RelyPass features and functionality as well as the FAQ and other information over time to help improve the service where needed. Please understand that we cannot help you recover your main passphrase if you forget it, nor can we help you recover any data you have deleted or overwritten.  You must remember your own main passphrase in order to decrypt and recover your data and we encourage you to use a password hint or other method of securely keeping track of your main passphrase.

We take pride in providing excellent customer support, but we are also a small team and we do not guarantee 24 / 7 support.  We will do our best to provide timely support as warranted.

Third parties, such as Apple and Google, have no obligation whatsoever to furnish any maintenance and support services for RelyPass.

Right To Use

You have a non-exclusive, non-transferable, and revocable right to use RelyPass for storing your personal data. You cannot distribute or share the RelyPass app or services with others, except as a family account owner paying for syncing and backup services for family members, and you cannot incorporate RelyPass apps or services into other apps or services in any way without our explicit written permission. Should you violate these Terms of Use we may revoke your access without compensation for any service fees you have paid.

Intellectual Property Rights

Rely Inc., a Delaware U.S.A. corporation, exclusively retains all rights and ownership of RelyPass apps and services.  Any change to such ownership must be agreed upon by Rely Inc. and will be reflected in adjustments to these Terms of Use.

RelyPass apps and services are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the RelyPass apps or services may violate such laws and the Terms of Use.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the RelyPass apps or services or any portions of them.

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law.

The trademarks, logos and service marks displayed in RelyPass apps and services (RelyPass Materials) are the property of Rely Inc. or other third parties. You are not permitted to use them without the prior written consent of Rely Inc. or such third party that may own the Marks.

• RelyPass apps and services may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
• You may not remove any copyright or other proprietary notices contained in the RelyPass apps or services.
• You may not copy or distribute any graphics in the RelyPass apps or services apart from their accompanying text.
• You will not quote or display RelyPass Materials, or any portions thereof, out of context.
• Rely Inc. reserves the right to revoke the authorization to view, download and print the RelyPass Materials at any time, and any such use shall be discontinued immediately upon notice from Rely Inc.
• The rights granted to you constitute a license and not a transfer of title.
• Any RelyPass Materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.

Should any third party claim that RelyPass or an End-User's possession and use of RelyPass infringe upon the third party's intellectual property rights, Rely Inc will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Reliability

Do We Guarantee That RelyPass Services Will Be Accessible at All Times?

In short, we do not and can not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We do not offer contracted SLA for availability to RelyPass and your data, however, data entered locally is stored locally and should always be available to you as long as you can access your app.  App content, backup and syncing services, and synced data from other devices may be unavailable when the RelyPass services are inaccessible and so your local data may not always be fully in sync with your data on other devices.

That said, we are IT professionals and we do our best to provide a very high level of service around the clock and around the world.

Play Nice Clauses

• Use of RelyPass Apps and ServicesYou agree that you shall not:
• Collect, harvest, mine or engage in any other activity to obtain e-mail addresses or any other information about others.
• Use or attempt to gain access to or use another’s app instance or data, whether through hacking, password mining, or any other means.
• Access, store, or attempt to access any material that you are not authorized to access.
• Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
• Use any materials in any manner that infringes on any intellectual property rights or other rights of any party.
• Disrupt or interfere with the security of, or otherwise cause harm to, the RelyPass cloud services, RelyPass Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through RelyPass apps or services or any affiliated or linked sites.
• Transmit unsolicited or bulk communications to any RelyPass app user or to any RelyPass.com or affiliated e-mail address.
• Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
• Create a false identity for the purpose of misleading others.
• Disrupt, interfere or inhibit any other user from using and enjoying the RelyPass apps and services or other affiliated or linked sites, materials or services.
• Access or use RelyPass cloud services in any manner that could damage, disable, overburden or impair any RelyPass server or the network(s) connected to any RelyPass server.
• Violate any applicable laws or regulations related to the access to or use of RelyPass apps or services, or engage in any activity prohibited by the Terms of Use.
• Prepare, compile, use, download or otherwise copy any RelyPass user or usage information or data, or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party.
• Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
• Violate the rights of RelyPass, Rely Inc., or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
• Use any RelyPass or related or similar domain name as a pseudonymous return e-mail address.
• Market any RelyPass goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by RelyPass (which does not allow such behavior or share any customer information with third parties aside from our payment services providers).

Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. RelyPass offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, RelyPass Materials, the RelyPass cloud services or another third-party service. You agree that you will not hold RelyPass responsible or liable with respect to the third-party services.

Special Treatment for Spammers

In the event of your or others’ access to or use of the RelyPass services in connection with the transmission of spam, unsolicited e-mail, or postings in violation of these Terms of Use, you acknowledge and agree that RelyPass would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that RelyPass is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). RelyPass may without restriction block, filter or delete unsolicited e-mail.

Restriction and Termination of Use

RelyPass may block, restrict, disable, suspend or terminate your access to all or part of RelyPass cloud services at any time at our sole discretion, without prior notice or subsequent liability to you.

Links to Third Party Sites

RelyPass may include links that will take you to other sites outside of the RelyPass cloud service (e.g. for payments). RelyPass has no control of the linked sites and you therefore acknowledge and agree that RelyPass is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that RelyPass is not responsible for any data, information, or services received from any third-party site.  You, the End User, further agree that you will comply with any applicable terms of agreement separately presented by any third party, or you will cease to use the RelyPass app should you not agree to any third-party terms of use.

Advertisements and Promotions

We may serve advertisements and promotions for products and services within the app.  Such advertisements and promotions may include information regarding security practices and notices of in-app-purchase options for our syncing and backup services.  We will never share your personal information with a third party.

Warranties and Disclaimers

The RelyPass apps and services and RelyPass Materials are provided by RelyPass under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, RelyPass makes no warranty that:

1. the RelyPass apps and services and RelyPass Materials will meet your requirements;
2. the RelyPass apps and services and RelyPass Materials will be uninterrupted, timely, secure, or error-free;
3. the results that may be obtained from the use of RelyPass apps and services and RelyPass Materials will be effective, accurate, or reliable;
4. the quality of the site or any services or materials purchased or accessible by you will meet your expectations;
5. and any errors or defects in RelyPass apps and services and RelyPass Materials will be corrected.

The RelyPass apps and services and RelyPass Materials may include technical or other mistakes, inaccuracies, or typographical errors. RelyPass may make changes to the RelyPass app, website, materials and services, including the prices and descriptions of any of our software or products, at any time at our sole discretion and without obligation of providing notice to you  (price changes are not retro-active and will not affect existing paid-for services). The RelyPass apps and services and RelyPass Materials may become out of date, and we make no commitment to update the apps, site, materials and services to accommodate new platforms or devices.

We do agree to support and provide service for our existing products and services for the length of time for which you have paid us money.

You acknowledge and agree that:

• RelyPass does not endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
• RelyPass makes no representations or warranties whatsoever about any such third parties, their materials or services;
• any dealings you may have with such third parties are at your own risk;
• and RelyPass shall not be liable or responsible for any materials or services offered by third parties.

RelyPass does not control or endorse the materials found in any third-party services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of theRelyPass apps and services and RelyPass Materials and participation in any services.

To the maximum extent permitted by law, RelyPass will have no liability related to user data arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. RelyPass also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user data or of any personal injury, business interruption, indirect or consequential personal or business injury. Some jurisdictions may not allow such limit of liability and these terms may not apply to you if so.  In no event shall Licensor's total liability to you for all damages exceed the lesser amount of fifty US dollars ($50.00) or the total amount of money which you have paid to RelyPass for use of its services.

The use of RelyPass apps and services and RelyPass Materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities.

RelyPass assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from RelyPass or via the site, services or materials shall create any warranty not expressly stated in the terms of use.

RelyPass will not be liable for any loss that you may incur as a result of someone else using your main passphrase or account (email) with respect to the site or any services or materials, either with or without your knowledge.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

Indemnity and Liability

You agree to indemnify and hold RelyPass and its officers, partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

1. your user data (e.g. computer viruses) that you may submit, post to or transmit through RelyPass apps and services and RelyPass Materials, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
2. your access to or use of RelyPass apps and services and RelyPass Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with RelyPass apps and services and RelyPass Materials);
3. your connection to RelyPass apps and services and RelyPass Materials;
4. your violation of the Terms of Use;
5. the actions of any member of your work group, including non-logged in users you have granted access to your RelyPass apps and services and RelyPass Materials;
6. your infringement of any third party’s intellectual property rights when using any of the software made available on RelyPass apps and services and RelyPass Materials;
7. your violation of any rights of any third party;
8. your access to or use of linked sites and your connections thereto; or
9. any dealings between you and any third parties advertising or promoting via RelyPass apps and services and RelyPass Materials.

International Users

The RelyPass apps and services and RelyPass Materials can be accessed from countries around the world and may contain references to RelyPass products, services and programs that are not available in your country. These references do not imply that RelyPass intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Rely Inc. and its affiliates from their offices within the United States of America. RelyPass makes no representation that the RelyPass apps and services and RelyPass Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

The export and re-export of RelyPass apps and services and RelyPass Materials are controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By accessing Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All RelyPass Software, products and publications are commercial in nature. The Software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other users pursuant to the Terms of Use and the applicable license agreement.

Limitation of Liability

In no event shall RelyPass, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if RelyPass has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

1. the access or use of or the inability to access or use the RelyPass apps and services and RelyPass Materials or any data stored therein;
2. the statements or actions of any third party on or via the site, services or materials;
3. any dealings with vendors or other third parties;
4. any unauthorized access to or alteration of your transmissions, user materials or other data;
5. any information that is sent or received or not sent or received;
6. any failure to store or loss of data, files, materials or other content;
7. any services available that are delayed or interrupted;
8. any web site referenced or linked to from this site; or
9. your access to or use of or inability to access or use any linked site.

In no event shall Licensor's 

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above, may not apply to you.

Third Party Beneficiary

Upon your acceptance of this agreement, you acknowledge and agree that Apple, Google, and their subsidiaries, are third party beneficiaries to this agreement and will have the right to enforce these terms of use as a third-party beneficiary thereof.

General

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via or in connection with the RelyPass apps and services and RelyPass Materials, in conjunction with any agreements with third party platforms and services - for example those from the Apple App Store or Google Play, constitute the entire agreement between RelyPass (Rely Inc.) and you with respect to your access to or use of the RelyPass apps and services and RelyPass Materials superseding any prior agreements between you and RelyPass on such subject matter (including any prior versions of the Terms of Use).

Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and RelyPass regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other RelyPass services, third party content or third party software.

If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Any failure by RelyPass to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

How To Contact Us

By far the best way to contact Rely Inc is via our ContactUs form within the RelyPass app or on our website at https://relypass.com/ContactUs.

You can also reach us by email at [email protected].

We'll do our best to respond to you in a timely manner.