Terms and Conditions

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS PRODUCT. IT CONCERSN THE USE OF THE SQUEALOCK SECURE MESSAGING APPLICATION, PROVIDES YOU WITH A LICENSE TO USE OUR SERVICES “AS IS” AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND SWURV, LLC’S (THE CREATOR OF SQUEALOCK) PRIVACY POLICY WHICH CAN ALSO BE FOUND ON THIS PAGE. IN NO EVENT WILL THE AUTHORS BE HELD LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THE SQUEALOCK SERVICE. IF YOU DO NOT WISH TO DO SO, DO NOT USE THE SERVICE.

This is an agreement between Swurv, LLC, a Washington State corporation, the owner and operator of www.squealock.com (this website), the Squealock mobile app, including all content provided by Swurv, LLC through our services (software and website) and any user of the Squealock brand.


Our Intellectual Property

The design of Squealock applications along with created text, sounds, scripts, graphics, and animations, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Swurv, LLC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Swurv, LLC reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes. You further agree that you will not (i) publish falsehoods or misrepresentations that could damage Swurv, LLC or any third party; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business without prior approval by Swurv, LLC; (iv) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (vii) attempt to gain unauthorized access to the Service or its related systems or networks. Swurv, LLC may terminate a user's access to the Service without prior notice and at its sole discretion, if they are determined to be a repeat infringer, or for any or no reason, including being annoying, by authorized Swurv, LLC employees.


Using Squealock

Swurv, LLC hereby grants you permission to use the Squealock Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Swurv, LLC' s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy. In order to access and use the features of the Service, you acknowledge and agree that you may need to provide Swurv, LLC with your email address (not required, but needed to reset your password, if forgotten). If you do not wish to provide your email address, you don't have to, but won't be able to perform a password reset. You must notify Swurv, LLC immediately of any breach of security or unauthorized use of your mobile phone. Although Swurv, LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Swurv, LLC or others due to such unauthorized use. You agree to not launch DDoS (Distributed Denial of Service) attacks on the Squealock website and mobile application. Swurv, LLC is however fine public search engine operators using spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Swurv, LLC reserves the right to revoke these exceptions either generally or in specific cases. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to use the communication systems provided by the Service for any unauthorized commercial solicitation or spamming purposes.


Limitation of Liability

In no event shall Swurv, LLC, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information (user ID) and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, malware, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Swurv, LLC client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Swurv, LLC shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Service is controlled and offered by Swurv, LLC from its facilities in the United States of America. Swurv, LLC makes no representations that the Squealock Service is appropriate or available for use in other locations. Those who access or use the Squealock Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.


Disclaimer

You agree that your use of the Squealock service shall be at your sole risk. To the fullest extent permitted by law, Swurv, LLC, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Swurv, LLC makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Squealock service. Swurv, LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Squealock service or any hyperlinked website or featured in any user status submission or other advertising, and Swurv, LLC will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.


Indemnity

You agree to defend, indemnify and hold harmless Swurv, LLC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Squealock Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Squealock Service. In any case, you affirm that you are at least 18 years old as the Squealock Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use our service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a" terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Swurv, LLC is the owner of the Service, and is located in Seattle, Washington, USA. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Swurv, LLC without restriction.


General

You agree that: (i) the Squealock Service shall be deemed solely based in Washington State; (ii) the Squealock Service shall be deemed a passive server that does not give rise to personal jurisdiction over Squealock, either specific or general, in jurisdictions other than Washington State; and (iii) that you agree to subject to the jurisdiction of Washington State in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and Swurv, LLC that arises in whole or in part from the Squealock Service shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. These Terms of Service, together with the Privacy Policy at on this website and any other legal notices published by Swurv, LLC, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Swurv, LLC concerning the Squealock Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Swurv LLC’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Swurv, LLC reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Squealock Service. Your continued use of the Squealock Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You and Swurv, LLC agree that any cause of action arising out of or related to the Squealock service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.


Privacy Notice

Swurv, LLC recognizes that its customers, visitors and users, want to know about their privacy. Squealock provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Squealock Site, and the Squealock Software. If you do not agree to our practices, please do not use the Squealock Site, Squealock Software, or Squealock Service. This Privacy Policy is incorporated into and is subject to the Squealock Terms of Service. Your use of the Squealock Site, the Squealock mobile software service and any information you provide to Squealock remains subject to the terms of this Privacy Policy and our Terms of Service. This Privacy Policy is part of Swurv, LLC's Terms of Service and covers the treatment of user information, including personally identifying information, obtained by Swurv, LLC, including information obtained when you access the Squealock Site, use the Squealock application or any other software provided by Swurv, LLC. This Privacy Policy does not apply to the practices of companies that Swurv, LLC does not own or control, or to individuals whom Swurv, LLC does not employ or manage, including any of the third parties to which Swurv, LLC may disclose user information as set forth in this Privacy Policy.


Data we collect

Swurv, LLC may obtain may collect information such as your Squealock user ID (SLID), your email (only if you provide it for password resetting purposes. Emails or phone numbers not required to use Squealock), push notification name (if applicable), and operating system information (Android v iOS) to Swurv, LLC when choosing to participate in various uses of the Squealock Service, such as registering as a user. When you visit the Squealock Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. When you visit our website (squealock.com), we may also be able to view your browser type, browser language, referring / exit pages and URLs, platform type, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, among others.


Data we do not collect

Swurv, LLC does not collect your bank card information (including name, address and card number). When you pay to use our service, all financial transactions are handled by Google when using an Android device, and by Apple when using an iOS device. If we do choose to use our own payment system, we will not be storing any payment card information once your payment is processed, and will do so in compliance with PCI DSS.

Swurv, LLC does not collect names, addresses or other contact information from its users' mobile address book or contact lists. The contents of messages that have been delivered by the Squealock Service are not copied, kept or archived by Squealock in the normal course of business. While using the Squealock service, users type their messages, which are securely sent to our servers, and routed to the intended recipient (who must also be a Squealock user), if that recipient is online. If the recipient is not online, the undelivered message is held in our server in encrypted form until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered encrypted message self-destructs from our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by Squealock - the only records of the content of any delivered messages do not reside on the senders and recipients’ mobile devices either, as messages self-destruct once they are read.


Data security

Swurv, LLC takes critical steps to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Squealock and you do so at your own risk. Although Squealock is end-to-end encrypted, using unsecured Wi-Fi or other unprotected networks to submit messages through the Squealock Service is never recommended. Once we receive your transmission of information, Swurv, LLC makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Swurv, LLC learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Swurv, LLC may post a notice on the Squealock site, social media pages (Facebook, Google +, Twitter) or through the Squealock app, if a security breach occurs. Because we collect very little information, breaches are less likely to impact our users in terms of information leakage.


The type of information we use

Any Personally Identifiable Information such as Squealock user ID that you voluntarily disclose on Squealock may be used by other users of the Squealock messaging application to communicate with you. We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages. We may use certain non-personally-identifiable information (such as anonymous user usage data, operating system type, etc.) to improve the quality of our service and to create new features, promotions, functionality, and services. We may use cookies and log file information to monitor metrics such as total number of visitors, pages viewed, etc. We do not sell or share your Personally Identifiable Information (such as email address) with other third-party companies for their commercial or marketing use. In the event that Swurv, LLC is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your information is treated, transferred, or used. You will nonetheless be informed of any changes in ownership through our social network pages (Twitter, Facebook, Google+), if this were to happen.


Your Options

If you do not agree with our Privacy Policy or Terms of Service, please uninstall the Squealock mobile application and discontinue use of the Squealock Service; your continued usage of the Squealock Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. Please contact our team via email at "support at squealock.com" with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.


Our Audience

Our services are directed to or intended to be used by persons over the age of 18. For that reason, Swurv, LLC does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Squealock Site or Squealock Service from persons under 18 years of age. Anyone under that age threshold is therefore not allowed to use our applications at any time or in any manner. If Swurv, LLC learns that Personally Identifiable Information of persons under 18 years of age has been collected though our app or site, then Swurv, LLC may deactivate the account and/or make the status submissions inaccessible.


Transparency

Only when served with a legal document (search warrant, court orders, subpoenas, national security requests, foreign government requests), is Swurv, LLC able to provide any information regarding your account to Law Enforcement. Because Squealock is designed to collect and store as little information as possible, we are only able to turn over the following, if law enforcement has reason to believe that it belongs to a person of interest :

-The user's Squealock user ID (SLID)
- The user's email, if one was provided, as it is currently not required for registration purposes.
-The user's device operating system (iOS or Android)
-Total count of messages sent
Law enforcement requests can be sent to: legalteam at squealock.com

International users

The Squealock Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the Squealock Site and application from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Squealock Site and Service, which are governed by Washington State law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by Washington State law for these purposes. The good news is we do not really collect much; so enjoy!


Updated: 02/10/2017

Product support:

For questions related to the use of our software, please email support(at)squealock.com

Business Inquiries:

Please send business related inquiries to partners(at)squealock.com

Media Inquiries:

Please send media inquiries to mediarelations(at)squealock.com

Swurv, LLC.
1200 Westlake Ave N. Suite 1600
Seattle, Washington 98109
U.S.A