1. ACCEPTING THESE TERMS
This document, our rules, policies and the other documents referenced make
up our Terms of Service (“Terms”). The Terms are a legally binding contract
between you and Passky. This contract sets out your rights and responsibilities
when you use https://passky.org. Please read them carefully.

2. CHANGES
We may amend the Terms at any time by posting a revised version on our
website. The revised version will be effective at the time we post it. If we change
the Terms in a way that reduces your rights or increases your responsibilities,
we will provide you with a notification.

3. ACCESS AND USE OF THE SERVICES

3.1 RIGHT TO USE SERVICES
You agree to use the Services in accordance with the use levels by which we
measure, price and offer our Services as posted on our website, your Order, or
the Service Descriptions.
You may use our Services only as permitted in these Terms, and you
acknowledge our Privacy Policy, which is incorporated by reference. We grant
you a limited right to use our Services only for business and professional
purposes. If your affiliates use our Services, you warrant that you have the
authority to bind those affiliates and you will be liable if your affiliates do not
comply with the Agreement.

3.2. LIMITATIONS ON USE
By using our Services, you agree on behalf of yourself, your users and your
attendees, not to (i) modify, prepare derivative works of, or reverse engineer,
our Services; (ii) knowingly or negligently use our Services in a way that abuses
or disrupts our networks, user accounts, or the Services; (iii) transmit through
the Services any harassing, indecent, obscene, or unlawful material; (iv)
market, or resell the Services to any third party; (v) use the Services in violation
of applicable laws, or regulations; (vi) use the Services to send unauthorized
advertising, or spam; (vii) harvest, collect, or gather user data without their
consent; (viii) transmit through the Services any material that may infringe the
intellectual property, privacy, or other rights of third parties; or (ix) use the
Services to commit fraud or impersonate any person or entity.

3.3. CHANGES TO SERVICES
Passky reserves the right to enhance, upgrade, improve, or modify features of
our Services as we deem appropriate and in our discretion. We will not
materially reduce the core functionality or discontinue any Services unless we
provide you with prior written notice.

3.4. PROPRIETARY RIGHTS AND PASSKY
You acknowledge that we or our licensors retain all proprietary right, title and
interest in the Services, our name, logo or other marks (together, the “Passky”),
and any related intellectual property rights, including, without limitation, all
modifications, enhancements, derivative works, and upgrades thereto. You
agree that you will not use or register any trademark, service mark, business
name, domain name or social media account name or handle which
incorporates in whole or in part the Passky or is similar to any of these.

4. COMPLIANCE WITH LAWS
In connection with the performance, access and use of the Services under the
Agreement, each party agrees to comply with all applicable laws, rules and
regulations including, but not limited to export, privacy, and data protection
laws and regulations. Each party represents that it is not named on any
government denied-party list. Further, Customer shall not permit its users to
access or use any Service or Content in an embargoed country or in violation of
any law or regulation. Notwithstanding any other provision in these Terms, we
may immediately terminate the Agreement for noncompliance with applicable
laws.

5. WARRANTIES
PASSKY WARRANTS THAT THE SERVICES WILL CONFORM TO THE SERVICE
DESCRIPTIONS UNDER NORMAL USE. WE DO NOT REPRESENT OR
WARRANT THAT (i) THE USE OF OUR SERVICES WILL BE TIMELY,
UNINTERRUPTED OR ERROR FREE, OR OPERATE IN COMBINATION WITH
ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA, (ii) OUR
SERVICES WILL MEET YOUR REQUIREMENTS, OR (iii) ALL ERRORS OR
DEFECTS WILL BE CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE
RISK. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS
WARRANTY WILL BE, AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE
LAW, TO PROVIDE CONFORMING SERVICES, OR TO TERMINATE THE NONCONFORMING SERVICES OR THE APPLICABLE ORDER, AND PROVIDE A
PRO-RATED REFUND OF ANY PREPAID FEES FROM THE DATE YOU NOTIFY
US OF THE NON-CONFORMANCE THROUGH THE END OF THE REMAINING
TERM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM
ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN THOSE
JURISDICTIONS.

6. LIMITATION OF LIABILITY
NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
LOSS, EXEMPLARY OR OTHER SUCH DAMAGES, INCLUDING, WITHOUT
LIMITATION, DAMAGES ARISING OUT OF OR RELATING TO: (i) LOSS OF
DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS,
OR (v) COSTS OF RECOVERY, HOWEVER CAUSED AND BASED ON ANY
THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE,
WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

7. FEES AND PAYMENT
You agree to pay all applicable, undisputed fees for the Services on the terms
set forth in this Agreement or your invoice. You are responsible for all fees and
charges imposed by your voice and data transmission providers related to your
access and use of the Services. You are responsible for providing accurate and
current billing, contact and payment information to us. You agree that we may
charge your payment card or bill you for all amounts due for your use of the
Services, and we make take steps to update your payment card information
(where permitted) to ensure payment can be processed. You agree that your
credit card information and related personal data may be provided to third
parties for payment processing and fraud prevention purposes.
We may suspend or terminate your Services if at any time we determine that
your payment information is inaccurate or not current, and you are responsible
for fees and overdraft charges that we may incur when we charge your card for
payment. In accordance with applicable law, we will notify you of any price
changes by publishing on our website, emailing, quoting, or invoicing you.

8. WAIVER
No waiver of any provision hereof shall be effective unless made in writing and
signed by the waiving party. The failure of any party to require the performance
of any term or obligation of this Agreement, or the waiver by any party of any
breach of this Agreement, shall not prevent any subsequent enforcement of
such term or obligation or be deemed a waiver of any subsequent breach.

9. ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the
parties hereto with respect to the subject matter hereof, and supersedes all
prior and contemporaneous agreements, understandings, inducements and
conditions, express or implied, oral or written, of any nature whatsoever with
respect to the subject matter hereof. The express terms hereof control and
supersede any course of performance and/or usage of the trade inconsistent
with any of the terms hereof.