Terms of Service and End User License Agreement

Introduction

This Terms of Service and End User License Agreement (“Agreement”) is a legal contract between USR ID Inc.  (“USR ID,” “us,” “we,” or “our”) and any person or party (“User” or “you”) who downloads and / or uses any product or service provided by USR ID, including but not limited to the USR ID™ mobile app, client-computer software, USR ID website, services, databases, user accounts, or any user guides, FAQs, or third party applications used by or associated with the foregoing (collectively “USR ID Products”).

General Terms

This Agreement shall govern any and all use of USR ID Products by Users and constitutes a binding contract between the User and USR ID.  By installing, copying, or otherwise using the USR ID Products, you agree to be bound by the terms of this Agreement. If you are using USR ID Products on behalf of a company or group, you, individually, are bound by the Agreement even if the group or company has a separate agreement with USR ID.  If you do not agree to the terms of this Agreement, do not install or use the USR ID Products or register an account with USR ID.

You understand, and as a material condition for using USR ID Products, agree: (1) the USR ID app is secure only when used as intended and with the default or suggested parameters properly implemented; (2) we cannot and do not assume any responsibility for any losses, inconvenience, or direct, indirect or consequential damages associated with the use of this application and/or related technology, software, websites or services.  The User shall have sole responsibility for supplying at his / her own cost all hardware and internet access necessary to use our Products.

The USR ID app for iOS is covered under the Apple iTunes End User License Agreement.  Otherwise, this Agreement sets forth the entire contract between you and USR ID and supersedes any other understandings, agreements, communications, and representations.  This agreement shall be governed exclusively in accordance with the laws of the Commonwealth of Massachusetts.

Eligibility

To be eligible to open a USR ID account and use USR ID Products, you must: (1) form a binding contract with USR ID in compliance with this Agreement and any applicable local, state, federal, and international laws, rules, and regulations; (2) not be currently prohibited from having a USR ID account; and (3) not be a competitor of USR ID, or not be using USR ID Products for reasons that are in competition with USR ID.

Privacy

USR ID will maintain all User information at the highest reasonable level of security possible and no less secure than USR ID protects its own confidential, private and proprietary information. USR ID further warrants that your information will be used only for your benefit and as intended. The foregoing notwithstanding, you provide personal information at your own risk.  For USR ID’s full Privacy Policy click here.

Proprietary Technology

The technology, features and concepts embodied by USR ID Products, including but not limited to the USR ID mobile app and associated remote authentication technology and software, are protected by one or more of the following patents, as well as by several patents pending, continuations in part, and offshore patent counterparts: 7,237,117; 7,809,651; 7,805,372; 8,001,055; 8,234,220; 8,271,397; 8,538,881; 8,577,813; 8,613,052; 8,856,539, 9,100,826; 9,530,137, 9,531,696. USR ID Products are sold, and the trademarks USR and USR ID are used, under license from Universal Secure Registry LLC.

USR ID Products, including proprietary software, concepts and graphical user interface are copyrighted by USR ID.

License Provisions

Subject to the provisions of this Agreement, USR ID grants the User a personal, limited, non-exclusive, revocable, non-transferable license (“License”) to use the software for the period specified during the purchase and / or subscription process.  As a material condition of accepting this License and Agreement, you agree not to reverse engineer, de-compile, or disassemble the software.

Notifications

USR ID may provide notifications, either as required by law or for marketing or other business purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on the USR ID Website, as determined by USR ID in its sole discretion. Your continued use of USR ID Products after any change to the Agreement constitutes your acceptance of the new Agreement. If you do not agree to any of these Terms of Use or to any future Terms of Use, do not use, view, or access, or continue to use, view, or access, USR ID Products or any element thereof.

As is

We have created a product that we believe to be a valuable security tool that we would want to use ourselves.  Nonetheless, USR ID Products and related services and documentation are provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose or non-infringement.  The entire risk arising out of performance remains with the User and USR expressly disclaims any warranty.

Limitation of Liability

In no event shall USR ID or its suppliers be liable to any User for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of USR Products or the License, even if we have been advised of the possibility of such damages.  In any event USR ID’s liability for any claim whether in contract, tort or any other theory of liability will not exceed the greater of US $1.00 or the license fee paid by the User.

Severability

The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

Dispute Resolution

Any disputes arising from use of USR ID Products or the License shall be resolved by binding arbitration administered by the American Arbitration Association (www.adr.org) in the Commonwealth of Massachusetts and each party shall pay its own costs. The prevailing party may, however, seek to recover the arbitration fees and attorney’s fees. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.  The User waives any right to a court trial and or any class action lawsuit, so called.

Contact

Should you have any questions concerning this User Agreement, or if you desire to contact USR ID for any reason, please contact USR by electronic mail at: info@USRID.net.