Terms of Use and Privacy Policy

Contents

1. Your membership agreement with Scrambl3

2. Your obligations

3. Acceptance of the Terms of Use

4. Changes to these Terms of Use

5. License

6. Use of Scrambl3 Software and Scrambl3 Websites

7. Scrambl3’s Proprietary rights

8. License/Subscription fees (Charges)

9. Payment

10. Refund Policy

11. Subscription/Membership cancellation policy

12. Exclusion of Warranties, limitation of liability and indemnity

13. Third party websites, products and services

14. Additional terms

15. Member information privacy

16. Government users

17. How to contact us

18. Miscellaneous

19. Product specific terms


PLEASE READ THIS DOCUMENT IN ITS ENTIRETY BEFORE YOU AGREE TO THE TERMS OF USE WHEN DOWNLOADING THE SCRAMBL3 APP OR WHEN SIGNING UP FOR A SCRAMBL3 “PRIVATE MOBILE NETWORK” MEMBERSHIP

SUMMARY OF IMPORTANT FACTORS:

  1. YOUR AGREEMENT WITH SCRAMBL3
    1. Scrambl3 is a trade name for its “Private Mobile Network” software and is owned by USMobile, Inc. For the purposes of this agreement, the name Scrambl3 will have the same force and effect as USMobile, Inc.
    2. Scrambl3’s “Private Mobile Network” software App (“Software”) and related documentation (both printed and electronic forms) are licensed to you (not sold) and remain the property of Scrambl3.
    3. Your agreement with Scrambl3 consists of the terms and conditions provided in this document.

  2. YOUR OBLIGATIONS
    1. Member Account: Before your first use of the Scrambl3 App and Scrambl3 “Private Mobile Network,” you will be asked to “Create a Scrambl3 Account” and choose a unique “Scrambl3 Name” that will identify you to other members on your Scrambl3 “Private Mobile Network.” The account password that you choose for your account, using a combination of numbers, letters and special characters, should be selected carefully to protect privacy of your communication with other Scrambl3 members and the privacy of your Scrambl3 Account. You are accountable and liable for all activities that occur through your Scrambl3 Account. Consequently, you agree to you keep your Scrambl3 Account Password confidential and not share it with third parties or use the same Password to access other non Scrambl3 websites or services. The Privacy of your voice calls and text messages when using Scrambl3 depends on someone else not using your Scrambl3 Account password. If you believe someone has obtained your password, you will immediately change your password to protect the security of your Scrambl3 Account. You will only provide your Scrambl3 name to other members with whom you wish to include in your “Private Mobile Network” or Black Book.” You will only place the Scrambl3 Names of other Scrambl3 members in your “Black Book” who have personally authorized you to do so.
    2. Lawful Use: You must use Scrambl3 in accordance with the laws of where you are located when using it. In some countries there are restrictions on the download and use of this product and/or Scrambl3 websites. It is your responsibility to determine whether you are legally allowed to use Scrambl3 or its Websites where you are located when using it.
    3. Prohibited Use: You may not do any of the following:
      1. Expose any third party to material that is offensive, harmful to minors, indecent or otherwise inappropriate in any way;
      2. Send unsolicited communication or any communication not permitted by applicable law;
      3. Intercept or monitor, damage or modify any communication that is not intended for you;
      4. Use Scrambl3 or its websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
      5. Use (including as part of your Scrambl3 Name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or
      6. Collect or harvest any personally identifiable information, including Scrambl3 Names, from the Scrambl3 software or Websites;
      7. Impact or attempt to impact the availability of Scrambl3 software or websites;
      8. Use or launch any automated system, including without limitation, robots, spiders or offline readers that access Scrambl3 software or Websites. Notwithstanding the foregoing, you agree that Scrambl3 grants the operators of public search engines permission to use spiders to copy materials from Scrambl3 websites for the sole purpose of creating publicly available searchable indices of the material, but not caches or archives of such materials. Scrambl3 reserves the right to revoke these exceptions at any time.
    4. Your Information: Scrambl3 may request your email address from you for the purpose of supplying software to you. We also request that you keep your payment information current in order to keep your Scrambl3 account active.
    5. No Reselling: Scrambl3 is for your use only. You shall not re-sell or commercialize Scrambl3 to any third party.
    6. Export Restrictions: Scrambl3 may be subject to international rules that restrict the export of software. You shall comply with all applicable international and national laws that apply to Scrambl3 as well as end-user, end-use, destination restrictions issued by national government or similar bodies, and restrictions on embargoed nations. In the US, Scrambl3 is controlled under ECCN 5D992 of the Export Administration Regulations (“EAR”) under Encryption Registration Number (“ERN”) R107029 and thus may not be exported or re exported from the US to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which Include Iran, North Korea, Syria and Sudan. Further, Scrambl3 may not be exported or re exported from the US to or downloaded by any person or entity subject to US sanctions regardless of location. See http://www.bis.doc.gov/index.php/enforcement and EAR part 736. Scrambl3 is making the software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.

  3. ACCEPTANCE OF THE TERMS
    1. In order to download and/or use the Scrambl3, including its websites, you must first accept these Terms. These Terms are accepted by you (i) when you click to accept or agree to Terms; or (ii) when you download and/or use the Scrambl3 App and/or Scrambl3 “Private Mobile Network,” and/or Websites. You should print a copy of these Terms for your records. These Terms remain effective from the date of acceptance of the Terms until terminated by you or Scrambl3 in accordance with Section 11 of this document.
    2. You cannot accept these Terms if: (i) you are not lawfully entitled to use Scrambl3 Software or Scrambl3 “Private Mobile Network” in the country in which you are located or reside or (ii) if you are not of legal age to form a binding agreement with Scrambl3.
    3. In certain countries, Scrambl3 may be provided to you by Scrambl3’s Local partner. In that event, that local partner may ask you to accept its own terms of service (“local terms”). If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.

  4. CHANGES TO THESE TERMS OF USE
    1. Scrambl3 may make changes to these Terms of Use from time to time. Scrambl3 will publish the changes at the Scrambl3 website. Changes to the fair usage policies and/or Additional Terms will be posted on the applicable Scrambl3 Websites. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of Scrambl3 and its Websites after the date of the publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Scrambl3 in accordance with Section 11 of these Terms.

  5. LICENSE
    1. License. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, for the agreed upon subscription price, license to download and install the Scrambl3 mobile App on a supported mobile device; and personally use Scrambl3 through your individual Scrambl3 Account. Special circumstances include, (i) IT administrators acting on behalf of a Company may download and install Scrambl3 onto a supported mobile device used by personnel of such Company; and (ii) you are permitted to use Scrambl3 at a University or other educational institution, or at work. Scrambl3 reserves all rights not expressly granted to you under these Terms.
    2. Restrictions. You may not and you agree not to:
      1. sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in Scrambl3.
      2. Undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempting discovery of the source code or protocols of Scrambl3 or any part or features thereof (except to the extent permitted by law);
      3. Remove, obscure or alter any copyright notices or other proprietary notices included in Scrambl3.
      4. Use Scrambl3 or cause Scrambl3 to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to section 4.1 above.
      5. Other than for the purposes of download and installation, use Scrambl3 except through your Scrambl3 Account.
    3. Third Party Technology. If you are using Scrambl3 pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third-Party Technology”), you agree and acknowledge that: (a) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third-Party Technology; (b) some Products and/or functionality may not be accessible through the Third-Party Technology and (c) Scrambl3 cannot guarantee that the software shall always be available on or in connection with such Third-Party Technology.
    4. Third Party Notices. Scrambl3, including Scrambl3 Websites, may include third party code that Scrambl3, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Third party scripts, linked to, called or referenced from Scrambl3, are licensed to you by the third parties that own such code, not by Scrambl3.

  6. USE OF SCRAMBL3 AND ITS WEBSITES
    1. Equipment: In order to use Scrambl3 you will need a stable Internet Broadband connection, either through Wi-Fi or a Data plan with your cellphone service provider. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones or other devices. Scrambl3 requires a mobile device with processing power sufficient effectively encrypt and decrypt communications on the Scrambl3 network. Refer to the Scrambl3 website for a list of supported Android and iOS devices.
    2. Use of Your Equipment: Scrambl3 may use the processing capabilities, memory and bandwidth of a computer or mobile device you are using, for the limited purpose of facilitating the communication and establishing the connection between Scrambl3 users. If your use of Scrambl3 is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use Scrambl3 is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
    3. Updates to Scrambl3: Scrambl3 may automatically check your version of Scrambl3 software. We may also automatically download configuration changes and updated to Scrambl3 software from time to time. You may be Required to update Scrambl3 software to continue using Scrambl3. You agree to accept such updates subject to these Terms unless other terms accompany the updates. Scrambl3 in not obligated to make any updates available and does not guarantee that we will continue to support the version of the operating system or device for which you licensed Scrambl3 or that updated Scrambl3 software will be compatible for use with end users running older versions of the software. USMobile or its affiliates or subsidiaries may also automatically download updates to Scrambl3. Updates may be required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.
    4. Suspension, technical improvement and maintenance: From time to time, Scrambl3 may need to perform maintenance on or upgrade Scrambl3 software, products or Scrambl3 Websites or the underlying infrastructure that enables you to use your Scrambl3 “Private Mobile Network” software, products or Websites. This may require Scrambl3 to temporarily suspend or limit your use of some or all of Scrambl3 or Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Scrambl3 will publish the time and date of such suspension or limitation on the Scrambl3 Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Scrambl3 software, Network or Website.
    5. No Access to Emergency Services: Neither the Scrambl3 Software nor the Scrambl3 “Private Mobile Network” are intended to support or carry emergency call or messages to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (“Emergency Services”). There are important differences between traditional telephone services and Scrambl3. You acknowledge and agree that: (i) Scrambl3 is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from Scrambl3, traditional wireless (mobile) or fixed line telephone services that off access to Emergency Services, and (iii) Scrambl3 and your “Private Mobile Network” are not a replacement for your primary telephone service.
    6. Content of Communications: Scrambl3 is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using Scrambl3. By using Scrambl3, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which owned by third parties. You are responsible for the content you choose to communicate and access using Scrambl3. In particular, you are responsible ensuring that you do not submit material that is (i) copyrighted protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. Scrambl3 may in its sole discretion block or prevent delivery of such content in order to protect Scrambl3 software, Scrambl3 “Private Mobile Network,” Scrambl3 Websites and Scrambl3 customers, or otherwise enforce these Terms and your User Account if you use any content that is in breach of these Terms.
    7. Notice and Take-Down: If Scrambl3 receives any notification that any material that you post, upload, edit, host, share and/or publish on the Scrambl3 website or through Scrambl3 (excluding your private communications) (“User Submission”) us inappropriate, infringes any rights of any third party, or if Scrambl3 wishes to remove your User Submission for any reason whatsoever, Scrambl3 reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by Scrambl3 in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Scrambl3 is under no obligation to put back such User Submission at any time. If User Submissions infringe, or you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately at the Scrambl3 website. Scrambl3 reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
    8. Quality of Service: Scrambl3 cannot guarantee that the Scrambl3 software, Private Mobile Network and Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of Scrambl3 and its Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your Broadband Internet connection or service provider, the public Internet and your mobile device. Scrambl3 takes no responsibility for any disruptions, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
    9. Changes to Scrambl3: Scrambl3 is constantly improving its software and “Private Mobile Network” and Websites and may change them at any time. Additionally, there are reasons why Scrambl3 may stop providing its software and Products (or portions thereof) including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, external issues arise that make it imprudent or impractical to continue, or any reason set out in section 11.2. You may need to upgrade to a new version of Scrambl3 in order to enjoy the benefit of certain features and capabilities. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time.
    10. Unsolicited Ideas or Feedback: Scrambl3 does not encourage, consider or accept unsolicited proposals or ideas, including those for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you provide Unsolicited Feedback to Scrambl3 through any means, then you acknowledge and agree that Scrambl3 shall not be under any obligation of confidentiality with respect to such Unsolicited Feedback.
    11. Problem Reporting: Our website and Scrambl3 mobile app may request that you report problems or make suggestions using our contact form or problem reporting form (“Reports”). Please carefully read any specific terms regarding those Reports. You agree that the Reports are property of Scrambl3 and Scrambl3 shall exclusively own all rights to the Reports. Scrambl3 may use the Reports for any purpose, commercial or otherwise, without compensation to the provider of the Reports. You further agree that any Reports that you send to Scrambl3 will not be treated as confidential and Scrambl3 shall not be liable for any disclosure of the Reports.
    12. Website Linking: While you may create a link to the Scrambl3 Website from another website owned by you, it must be accomplished in a way that is equitable and legal and does not damage our reputation or take unfair advantage of such link. You agree not to establish a link that creates the suggestion in any form that there is an association, approval or endorsement by Scrambl3 where none exists. You may not frame the Scrambl3 website on another website. Scrambl3 reserves the right to revoke permission to create a link to the Scrambl3 Website at any time at its sole discretion and will notify you in this regard.

  7. PROPRIETARY RIGHTS
    1. Scrambl3 Software, Products and Websites contain proprietary and confidential information that is protected by Intellectual Property Laws and Treaties.
    2. You agree that the content and compilation of content included on the Scrambl3 Websites, including sounds, text, graphics, logos, icons, audio clips, images, digital downloads and software, are the property of Scrambl3, its affiliates or licensors and are protected by United States and international copyright laws. Our copyright protected content cannot be reproduced without Scrambl3’s express permission.
    3. Scrambl3 and/or its licensors retain exclusive ownership of the Software, Products and Scrambl3 Websites and all intellectual property therein (whether or not registered, and anywhere in the World). You agree that you will not take any action to jeopardize, limit or interfere with Scrambl3’s intellectual property rights in the Software, Products and/or Websites.
    4. Scrambl3, associated trademarks and logos, including the “S” app icon and mark are Trademarks of Scrambl3. Scrambl3 has filed applications to register such trademarks in the United States and other countries around the globe. Scrambl3’s logos, marks and trade dress may not be used in connection with any product or service that is not Scrambl3’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Scrambl3. All other trademarks not owned by Scrambl3 or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Scrambl3’s intellectual property (in whole or part) or that is confusingly similar thereto.

  8. SOFTWARE LICENSE/SUBSCRIPTION FEES (CHARGES)
    1. Software License fee: You agree to pay Scrambl3 the prescribed monthly license/subscription fee at the beginning of your monthly billing cycle/license term. I understand that my Scrambl3 software (mobile App) will not function unless my payment for that period has been made in advance at the beginning of my monthly billing cycle. Scrambl3 reserves the right to adjust the monthly fee at any time without notice. Further, I understand that I can only make Scrambl3 calls to other subscribers who are current with their monthly Scrambl3 license fee and have mutually agreed to be in your “Private Mobile Network.”
    2. License Term: You will be billed monthly for a license term equal to the number of days in your billing period, which will range from 28 to 31 days depending on the month of the year. No refunds will be made for cancellations. Please read our Cancellation Policy in section 10 below.
    3. Licensor/Subscriber must provide Broadband Internet Connection: All Scrambl3 calls and texts are made using the Subscriber’s mobile Broadband Internet connection. I understand that Scrambl3 is not responsible for providing or paying for my Internet Connection.
    4. No Per Call Charges from Scrambl3: You will only be billed by Scrambl3 for your monthly license fee to use your Scrambl3 App. Scrambl3 will not bill you additional per call fees when you make and receive call using Scrambl3. I understand that I am responsible to pay all costs associated with using the Internet to make and receive Scrambl3 calls and texts.
    5. No interface to the Publicly Switched Telephone Network (PSTN): For security and privacy reasons, Scrambl3 was designed only to make calls to other subscribers who have properly licensed Scrambl3 on their mobile device. Scrambl3 cannot make calls or texts using standard mobile numbers nor call landlines, both of which require use of the PSTN.
    6. No interface to other VoIP based telephone networks. I understand that Scrambl3 cannot make or receive calls or texts to any other VoIP based telecom network.
    7. No emergency calls: Because emergence calls require an interface to the Publicly Switched Telephone Network (PSTN), Scrambl3 cannot make calls to emergency services. You understand that Scrambl3 is not a replacement for your telephone.
    8. Taxes: I understand that, depending on where I use Scrambl3, I may be required to pay Country or other jurisdictional taxes associated with the use of my of Scrambl3 subscription. If any taxes are paid by Scrambl3 on my behalf, then I agree to reimburse Scrambl3 for such taxes when they are added to my monthly billing for license/subscription fees.

  9. PAYMENTS
    1. Billing Cycle: Scrambl3 subscribers will be billed monthly from the date that the account was established.
    2. Privacy: Scrambl3 does not have access to the payment information you provide when making a payment. All payment and credit card information is processed by a National Merchant Online Credit Card Processor. The only customer information known by Scrambl3 is the email address that you provided to us when you created your Scrambl3 account.

  10. REFUND POLICY
    1. Monthly Billing: When you sign up for a Scrambl3 account, you agree to be billed monthly for license fee subscription.
    2. Cancellation Notice: You understand that a 30-day cancellation notice is required to close your account and end your relationship with Scrambl3.
    3. Refund Policy: You understand that you will only be entitled to a refund for amounts you paid, if any, beyond the required 30-day cancellation period. Please note that no refund will be given for your payments that are associated with the 30-day cancellation period.

  11. SUBSCRIPTION CANCELLATION POLICY
    1. You may terminate your software license agreement (“Subscription”) with Scrambl3 at any time, without recourse, with a 30-day notice.
    2. Scrambl3 may terminate its relationship with you, or may terminate or suspend your use of Scrambl3, user account(s), Products or Scrambl3 Websites at any time and without recourse to the courts:
      1. if you are in breach of these Terms, including failure to make a required payment that is due;
      2. if Scrambl3 reasonably suspects that you are using the Software, the Products and/or Scrambl3 Websites to break the law or infringe on third party rights;
      3. if Scrambl3 reasonably suspects that you are trying to unfairly exploit or misuse the payment or refund polices stated above, or any other of our policies stated herein;
      4. if Scrambl3 reasonably suspects that you are using our Software, Products, and/or Scrambl3 Websites fraudulently or that your Scrambl3 User Account is being used by a third party fraudulently;
      5. if a subscriber does not agree to new Terms of Use when provided (30) days in advance
      6. immediately, if (in Scrambl3’s reasonable discretion) required due to a change in or adverse interpretation of laws or regulations or where required by a regulator or authority with a lawful mandate, or by any of Scrambl3’s partners;
      7. on thirty (30) days notice if Scrambl3 decides to cease offering the Software to users in your jurisdiction in general.
    3. Scrambl3 shall effect such termination by preventing your access to your User Account, the Software, Products and/or Scrambl3 Websites (as applicable).
    4. Following cancellation of a User Account, we reserve the right to re-issue the applicable Scrambl3 Name to a new User.
    5. Consequences of Termination or Cancellation: Upon termination of your relationship with Scrambl3:
      1. all licenses and rights to use the Software, Products and/or Websites shall immediately terminate;
      2. you will immediately cease any and all use of the Software, Products and/or Scrambl3 Websites; and
      3. you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.

  12. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
    1. For the purposes of this paragraph 12, “Scrambl3” includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
    2. No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND SCRAMBL3 WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; SCRAMBL3 DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR SCRAMBL3 WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. SCRAMBL3 FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR SCRAMBL3 WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SCRAMBL3 WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.
    3. Nothing in these Terms shall exclude or restrict Scrambl3's liability for (a) death or personal injury, (b) loss resulting from Scrambl3's willful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.
    4. No Liability: YOU ACKNOWLEDGE AND AGREE THAT SCRAMBL3 WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGE OR LOSSES HAS BEEN NOTIFIED TO SCRAMBL3, IN CONNECTION WITH OR ARISING FROM YOUR USE OF SCRAMBL3 WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR SCRAMBL3 WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR SCRAMBL3 WEBSITES.
    5. Limitation of Liability: Subject to paragraphs 12.3 and 12.4 above, Scrambl3 shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Scrambl3, for:
      1. any indirect, special, incidental or consequential damages; or
      2. any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
      3. any damage to or corruption of data (whether direct or indirect);
      4. any claim, damage or loss (whether direct or indirect ) arising from or relating to:
        1. your inability to use the Software, including any Enabled Versions, to contact Emergency Services;
        2. your failure to make additional arrangements to access Emergency Services in accordance with paragraph 6.5 above;
        3. the limitations set out in paragraph 6.6;
        4. your failure to provide accurate physical location information to an Emergency Services operative; or
        5. conduct of third party Emergency Services operatives and calling centers to which you may be connected.
        6. any claim, damage or loss (whether direct or indirect) arising from or relating to:
          1. any product or service provided by a third party under their own terms of service, including without limitation, Wi-Fi or Mobile Data provided by such parties;
          2. any Third Party Technology;
          3. any third party website.
    6. Subject to paragraphs 12.3 – 12.5 above, Scrambl3’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU TO SCRAMBL3 FOR THE SUBSCRIPTION/LICENSE FEES IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM.
    7. If any third party brings a claim against Scrambl3 in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold Scrambl3 harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
    8. Security Risks that Scrambl3 cannot control, and for which no protection is warranted when using our product:
      1. Surveillance by Malware (Malicious Software). This may occur when a mobile device owner unknowingly downloads Malware from the Internet. To reduce this risk, all mobile device owners should be diligent about visiting questionable websites, downloading questionable Apps and opening questionable emails. Applications like ESET and VIPRE are commercially available to manage this risk. Most Enterprises use Mobile Device Management (MDM) software to minimize the risk of Malware for employee mobile devices.
      2. Physical listening devices surreptitiously installed or built-in to a subscriber’s mobile device.
      3. Changes to Government Surveillance Laws. Currently, your Scrambl3 Network is not subject to existing U.S. Government Surveillance Laws because it is a “Private Network” that is not “Interconnected to the Publicly Switched Telephone Network (PSTN).”
      4. Surveillance conducted by eavesdropping, including any form of listening or recording device that is external to the subscriber’s mobile device.
      5. Hackers. While Scrambl3 employs the strongest commercially available forms of encryption and key authentication, no network can claim that it is immune from the prospect of hacking sometime in the future.

  13. THIRD PARTY WEBSITES, PRODUCTS AND SERVICES
    1. Third parties may offer products or services via the Software and/or Scrambl3 Websites, including games, applications, images, ring tones, or avatars. While Scrambl3 takes no responsibility for such products or services, if you encounter any problems with payment for or download, use of installation of such products or services, Scrambl3 will use commercially reasonable efforts to assist or resolve the problems. The third party products or services may be subject to the third party provider’s own terms and privacy policy that you may have to accept upon download or installation. You should review such terms before making any purchase or using any third party product or service and Scrambl3 shall not be responsible for your failure to do so.
    2. You acknowledge and agree that any third-party product information and pricing that is shown on the Scrambl3 Websites regarding third-party products and services is given to Scrambl3 by the applicable third-party merchant (“Merchant”). The Merchant has the ability to change its pricing or terminate its product availability at any time. Scrambl3 is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Scrambl3 Websites. Scrambl3 does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the Scrambl3 Websites; (v) links to the Merchants’ websites that are featured on the Scrambl3 Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.
    3. The Software and Scrambl3 Websites may include hyperlinks to other third party websites. Scrambl3 is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.

  14. ADDITIONAL TERMS
    1. Scrambl3 Etiquette:
      1. Add people to your Black Book (“Private Contact List”), by exchanging Scrambl3 names with other members who you know personally. To make a Scrambl3 call, both parties must place each other’s Scrambl3 names in their respective Black Books.
      2. Be considerate of Scrambl3 members by avoiding offensive language.
      3. Do not misappropriate the privacy created by Scrambl3 to discuss an illegal activity.
      4. Do not impersonate or make a representation that you are associated with Scrambl3.
      5. Do not attempt to acquire a Scrambl3 member’s login credentials.
    2. If you wish to use Scrambl3 in connection with a Public Broadcast, you must prominently mention that “Scrambl3” was used in the Broadcast.

  15. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
    1. No personal information, other than your email address is collected.
    2. Your email address will not be shared with outside parties.
    3. Your email address is only used to communicate payment and software upgrade notifications. Please sign into your account at the Scrambl3 website to update your email address when necessary.
    4. Scrambl3 does not have access to any of the personal or financial information that you provide when making your online payments. Our credit card merchant processor notifies Scrambl3 when you use a credit card or PayPal to make a payment on your account, which is referenced by your email account only.
    5. Your calls and texts pass thru your “Private Mobile Network” without being recorded on any servers or other network equipment. Both parties must be registered with the network (as evidenced by a green light next to the Black Book entry) to make a call or text. For security purposes, there is no voicemail capability when using Scrambl3.

  16. FOR GOVERNMENT USES ONLY
    1. The Software and Documentation are “commercial computer software” and “commercial computer software documentation,” respectively; as such terms are used in United States Federal Acquisition Regulations paragraph 12.212. Any use, duplication or disclosure of the Software or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement.

  17. HOW TO CONTACT SCRAMBL3
    1. To contact Scrambl3 in relation to the Scrambl3 Software please submit a support request at the Scrambl3 website.
    2. If you contact Scrambl3 by any means other than as set out above in section 17.1, your request may not be acknowledged.

  18. MISCELLANEOUS
    1. You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Scrambl3.
    2. For your convenience, Scrambl3 may provide you with a translation of the English language version of these Terms. In the event of an inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with Scrambl3.
    3. These Terms constitute the entire agreement between you and Scrambl3 with respect to your use of the Software, Products and/or Scrambl3 Websites and replace any prior agreements between you and Scrambl3 with respect to the Software, Products and/or Scrambl3 Websites.
    4. If any provision of these Terms, or part thereof, is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision, or part thereof, shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
    5. The failure by Scrambl3 to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Scrambl3’s right or remedy. If Scrambl3 waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
    6. You may not assign these Terms or any rights or obligations contained in them. Scrambl3 may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
    7. This paragraph 18, along with paragraphs, 5 and 12 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
    8. You acknowledge and agree that if Scrambl3 is unable to provide Software, Products and/or Scrambl3 Websites as a result of a force majeure event, Scrambl3 will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of Scrambl3.
    9. These Terms shall be governed by and interpreted in accordance with the United States Federal Arbitration Act and shall be subject to the jurisdiction of the courts in the United States.

  19. PRODUCT SPECIFIC TERMS
    1. Scrambl3 Names
      1. Availability and use. Where we provide you with a Scrambl3 Name, you agree that:
        1. you do not own the Scrambl3 Name or have right to retain that Scrambl3 Name forever;
        2. the Scrambl3 Name provided to you is subject to applicable Scrambl3 Naming rules established by Scrambl3;
        3. you will comply on an ongoing basis with any specific Scrambl3 Name allocation requirements that we make you aware of, or any reasonable instructions that Scrambl3 or Scrambl3’s partners may give to you with regard to the use of Scrambl3 Names and the Products;
        4. you will not transfer or attempt to transfer your Scrambl3 Name to any third party. In particular, you are responsible for compliance with any requirements related to residency and or location; and
        5. you will supply accurate, complete and up-to-date information to us where we request it and inform us of such information changes. Scrambl3 reserves the right to change the Terms related to Scrambl3 Names, including without limitation to impose or amend any residency requirements and/or require the provision of further user information for continued access to Scrambl3 and such Scrambl3 Names.
      2. Other changes to Scrambl3 Names. If Scrambl3 needs to withdraw or change the number that has been made available to you, Scrambl3 will use commercially reasonable endeavors to notify you by email, stating the effective date of the change and where possible, your new Scrambl3 Name. If you do not wish to accept this new Scrambl3 Name, you are entitled to terminate your Scrambl3 Name.
      3. Subscriptions
        1. Fair Usage Policy. Your Scrambl3 Software License/Subscription allows unlimited calls to other Scrambl3 subscribers, subject to legal restrictions imposed by individual Countries or jurisdictions. Scrambl3 reserves the right to disconnect a call that is more than two hours in length. If this occurs, a re-dial will be required to continue the call. Scrambl3 subscriptions are for individual use only (personal or business communications) in accordance with our Terms of Use and this FUP (“Legitimate Use”). The following is a non-exhaustive list of practices that would not be considered Legitimate Use:
          1. Re-selling subscriptions
          2. Sharing subscriptions between users
          Other practices may be relevant in determining Legitimate Use and Scrambl3 reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Scrambl3 may at its option, terminate its relationship with you, or may suspend your subscription immediately if it determines you are using your subscription contrary to this FUP or Scrambl3’s Terms of Use. Where reasonable, Scrambl3 will provide you with notice of improper usage before suspension or termination of your subscription and, if appropriate, may offer you an alternative subscription.
        2. Scrambl3 reserves the right to withdraw or change the subscriptions at any time. If Scrambl3 change the Products included in your subscription, Scrambl3 will notify you by email stating the changes and their effective date. If you do not wish to accept these changes, you are entitled to terminate you subscription, with effect from the date on which the changes are due to take effect.
      4. Text Messaging
        1. Scrambl3 text messages do not have a limit on the number of characters they contain. In order to accomplish the highest level of security/privacy, Scrambl3 was designed for both Scrambl3 parties to be online in order to send Text Messages to each other- avoiding the need to store Text Messages on a server.
        2. © Scrambl3 and/or USMobile. The Scrambl3 name, associated Trademarks and logos and the Scrambl3 “S” logo are Trademarks of Scrambl3 and/or USMobile.
      5. Scrambl3 cannot make Emergency Calls
        1. Scrambl3 is not a replacement for your telephone/mobile phone and can’t be used to make emergency calls.