Terms of Use

By using this site and SecureMyEmail (the “Service”), a service offered by Witopia, Inc. in partnership with Better World Security GmbH (Switzerland), you agree to abide by the following Terms of Use (the “Terms”) and the SecureMyEmail Privacy Policy. These Terms cover all present and future features offered by your SecureMyEmail account, individually and collectively referred to as the “Service”.

Users of the Service

This Service is provided exclusively to individuals who are at least 16 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account. Each user is solely responsible for their messages sent using the Service.

Use of the Service

By using this Service, you agree to not use this Service for any unlawful or prohibited activities. You also agree to not disrupt the Witopia, Inc. or Better World Security GmbH networks and/or servers.

In addition to termination of accounts for illegal activities, as we cannot predict every instance in which it may be necessary, we reserve the right to suspend, terminate, or refuse service to anyone, at any time, and for any reason.

Witopia, Inc. and Better World Security, GmbH have no obligation to store or forward any contents of terminated accounts. Due to the encrypted nature of the Service, you acknowledge that we have no ability to recover your data if you misplace your secret decryption passphrase or password.

SecureMyEmail is an encryption service, not an email service. As such, we have no ability to repair or affect the performance of your actual email service from your email provider. This includes possessing the ability to access your email content, including attachments, in any way, as they are not transmitted through or stored upon SecureMyEmail systems.

Warranties and Liability

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE, TIMELY OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

UNDER NO CIRCUMSTANCES SHALL WITOPIA, INC. OR BETTER WORLD SECURITY GMBH BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICE.

Indemnify and Hold Harmless

You are responsible for all actions that occur regarding your account. As a condition of service, you agree to indemnify and hold harmless WiTopia, Inc and Better World Security GmbH, including their officers, employees, contractors, agents, shareholders and partners for any cause of action, claim, or damages, including reasonable attorneys’ fees, arising out of or relating to your use of the Service.

Terms of Payment

Due to their nature, the paid Services provided are generally non-refundable and any refunds or credits given will be at the sole discretion of Witopia. Paid accounts which are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund. If we choose to issue a refund for any reason, Witopia is only obligated to refund in the original currency of payment. If you request a credit balance to be converted between different currencies which Witopia supports, we have discretion over the exchange rate applied. We have the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.

Modifications to Terms of Service

Within the limits of applicable law, the Company reserves the right to review and change this agreement at any time. You are responsible for regularly reviewing these Terms. Continued use of the Service after such changes shall constitute your consent to such changes. We may make improvements and changes to the Service at any time without notice. Witopia, Inc. and/or Better World Security GmbH may, at their sole discretion, terminate service without cause or notice. We reserve the right to suspend or delete accounts that are inactive for over six months.

Applicable Law

The Service is sold and marketed, with payments collected, by Witopia, Inc. Any aspects of this agreement directly related to those functions between the parties shall be governed by the Laws of the Commonwealth of Virginia. Exclusive jurisdiction and venue for such matters shall be in courts located in Fairfax County, Virginia.

As all systems to provide the Service, as well as store secure customer content, such as security keys and contact lists, are located in Switzerland, and managed by Better World Security GmbH, all remaining aspects of the Service shall be governed in all respects by the substantive laws of Switzerland. Any controversy, claim, or dispute arising out of or relating to these aspects of the Service shall be subject to the jurisdiction of the competent courts of the Canton of Geneva, the jurisdiction of the Swiss Federal Court being expressly reserved.