Tuesday, March 17, 2015

Glasswire TOS

GlassWire Terms of Use
Thank you for using GlassWire.  To protect GlassWire and our users we need this user agreement to set rules that are required to use our software.  If you download, install, or use our software then you are agreeing to this End User License Agreement (“EULA”).

GlassWire Business Users
While in beta testing GlassWire is currently free to use as long as you agree to our EULA and Privacy Policy.  However, in the future we may ask all business or commercial GlassWire users to purchase a business license after 30 days of testing so we can use that money to continue future product development.  If you have feedback about GlassWire please email us or visit our forum.  We love to hear feedback from GlassWire users.
Reporting Bugs
If you have found a bug or vulnerability in the GlassWire software there are several ways to report the problem so we can fix it.  One way to report the problem is by visiting our contact page <https://www.glasswire.com/contact/> and emailing our “bugs” email address listed there.  If you feel the problem is sensitive feel free to use our PGP key listed on that page.  Another way to publically report security related bugs with GlassWire is to make a report via our HackerOne page at <https://hackerone.com/glasswire>.  Thank you for reporting any problems you find with the GlassWire software so we can continue to improve it.

GlassWire Contract


Terms and Conditions 

For your use of the GlassWire software and any updates, customizations, plug-ins, enhancements, or any other parts provided by GlassWire ("licensor"), you ("user" agree to the following terms and conditions.
The GlassWire software is provided as is without any express or implied warranty. In no event or circumstances will the authors or company be held liable for any damages arising from the user of this software or documentation.
Liability and Ownership 
GlassWire is owned by SecureMix LLC. Any and all legal action against GlassWire must be taken against SecureMix LLC in Travis County, Texas in the United States of America. For absolutely no reason will GlassWire be liable for you for more than $1.00 U.S. (collectively) in any event.
Ownership and Relationship of Parties 
The GlassWire software is protected by service marks, trademarks, international treaties, copyright, and other proprietary laws of the U.S. and other countries. The licensor retains exclusive ownership of all worldwide copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, property rights and all other industrial rights in the Software and documentation, including any derivative works, modification, updates, or enhancements. All rights in and to the Software not expressly granted to User in this Agreement are reserved by Licensor. Nothing in this Agreement shall be deemed to grant, by implication, estoppel or otherwise, a license under any of Licensor's existing or future patents. You agree to follow all proprietary laws that apply to your use of the GlassWire software. The GlassWire license gives you no rights, titles or any interests in any intellectual property owned by the licensor, and this license creates no relationship between the licensor and you other than that of licensor and licensee. Rights which are not granted to you through this license are automatically reserved by the licensor. You are not allowed to use GlassWire without the licensor's prior approval. GlassWire may use certain software developed by third parties. This software allows GlassWire to do certain functions. All rights held by this third party software are reserved by the owner of the third party software. GlassWire may change from a free service to a pay service at any time and vice versa, and may change its pricing structure at any time in any way. GlassWire may discontinue its service at any time for any reason. GlassWire may charge for any support. GlassWire may limit software features or access to certain parts of the GlassWire website with no warning or notice and with no liability. GlassWire may stop service either temporarily or finally any time for any reason with no warning or notice and with no liability. GlassWire may deactivate accounts and release to the public any accounts that are inactive for an extended period of time. 
GlassWire Licensing Agreement 
1. You the GlassWire user are granted a non-transferable, non-exclusive license that says you may install and use this software on your own device. This license is in effect until one of the parties terminates the license. You may terminate the license by no longer using the GlassWire software or web services. GlassWire may terminate the license at any time for any reason. GlassWire may change this software license agreement at any time. The license agreement may also be terminated if you violate any of the terms and conditions of this agreement.
2. By your agreeing to the terms of this agreement you agree you are 13 years of age or older and you are allowed to enter a legal agreement with another party. All rights not granted to you are automatically granted to GlassWire.
3. User acknowledges that the Software and its structure, organization, and source code constitute valuable trade secrets of Licensor. Accordingly, User agrees not to 
(i) copy, perform, distribute, modify, adapt, alter, translate, or create derivative works (as defined by the U.S. Copyright Act) from the Software; 
(ii) merge the Software with other software; 
(iii) timeshare, sublicense, lease, rent, or loan the Software to any third party; 
(iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software; 
(v) otherwise use the Software except as expressly allowed in this Agreement. 
You may not seek intellectual property protection on the GlassWire software or any GlassWire or SecureMix LLC services.
4. You may not use the GlassWire in any serious or critical situation where lives or property may be at stake. You understand GlassWire is not made for such purposes and will not be liable for any damages that might occur. GlassWire should also not be used while engaging in any dangerous activity such as driving or operating heavy machinery. You understand that using GlassWire while doing a hazardous activity could cause death for you or others. GlassWire is not responsible for any damages that could occur if you use GlassWire while doing an unsafe activity. 
5. User shall not use the Software in any way that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may harass or assault others, that may violate hacking or other computer crime regulations, etc. Licensor does not monitor or edit any transmissions, postings, routings or other materials which User may send, post, route, transmit or otherwise move through or with the Software. You may not use the GlassWire software in any manner that is unlawful, or in any way which is not in agreement with this software license or the GlassWire terms of service.
6. GlassWire may not be shipped or exported into any U.S. embargoed country. User shall comply with all applicable export and import control laws and regulations in its use of the Software and, in particular, User shall not export or re-export the Software without all required United States and foreign government licenses. User understands that access and use of the Software from outside the United States may constitute export of technology and technical data which may implicate export regulations and/or require export license.
7. You may not obtain income from the GlassWire software in a way which was not intended by Licensor. If you do Licensor will revoke your license immediately and Licensor will not be responsible for any damages that might occur due to this revoke.
8. You may not transfer your software license to another person or entity without permission from GlassWire.
9. You may not make available or share any copyrighted material that doesn't belong to you. The burden to determine if the material is copyrighted rests with you.
10. You may not defame, slander, harass, use a false identity, or violate the rights of any third party by using GlassWire software or any GlassWire web services.
Fee and Payment Policy 
The licensor of GlassWire has the right to charge any fees for access to GlassWire software or any GlassWire web services. You are in charge of maintaining all hardware and software needed to access the GlassWire software and web services and you are responsible for any charges these services may need to function. You agree to pay any services you sign up for through GlassWire on time and you agree not to act in any way that could be viewed as fraudulent. You shall pay all applicable taxes yourself which may be incurred due to your location. You must be 18 or older to be a GlassWire affiliate and GlassWire might change affiliate programs at any time or stop the affiliate program for any reason. You may not use fraud, obscenity, adult content, or any illegal content to make money with the GlassWire affiliate program.
In the event that your GlassWire account or serial number is terminated due to violations of the GlassWire license no refund or credits will be given to you. If you purchased the GlassWire software you may request a refund within the first 30 days after purchasing the software.
Limitation of Liability 
Glasswire or SecureMix LLC or any of its employees or officers shall not be liable to user or any third party for any incidental, indirect, exemplary, special or consequential damages, under any circumstances, including, but not limited to, lost profits, revenue or savings, loss of goodwill, or the loss of use of any data, even if licensor had been advised of, knew, or should have known, of the possibility thereof. Under no circumstances shall licensor's aggregate cumulative liability hereunder, whether in contract, tort, or otherwise, exceed the total amount of fees actually paid by user under this agreement. The user acknowledges that the fees paid by him or her reflect the allocation of risk set forth in this agreement and that licensor would not enter into this agreement without these limitations on its liability. GlassWire and its officers will not ever be liable to you for any claim or claims of any kind caused by the use of the GlassWire software or GlassWire web services. GlassWire will not be liable to you for any claims of any kind based on any legal theory of any kind. GlassWire is not liable to you for direct damages of any kind that could be in connection with any third party software used with GlassWire, any information or data accessed through the GlassWire software or access to or inability to access the GlassWire software or servers. any information supplied by other GlassWire users or the GlassWire servers could be delayed, inaccurate, in error, or contain omissions for which GlassWire will not have any liability. GlassWire’s direct damages liability to you will not exceed (collectively) $1.00 U.S. in any event for any reason.
Restrictions by US Government 
Our documentation and software are considered to be "commercial computer software documentation" and "commercial computer software" respectively, and as such may be subject to certain restricted rights as identified in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in commercial computer software or commercial computer software documentation", as applicable , or any successor U.S. regulations. Any modifications, use, release, performance, reproduction, display, or disclosure of the software by the U.S. government shall be done solely in accordance with this agreement.
Controlling Law 
The GlassWire Software License Agreement shall be governed by the laws of the Travis County Texas in the United States of America. You consent to exclusive jurisdiction and venue in Travis County, Texas in the United States of America and waive the defense of forum non convenience. The United Nations Convention on the International Sale of Goods shall not apply to this Software License Agreement.
Warranties by Licensor Disclaimer 
The GlassWire software and any included web services are provided "as is" without any express or implied warranty whatsoever, including but not limited to any functionality or its being bug-free. User recognizes that the as is clause of this agreement is an important part of the basis of this agreement, without which licensor would not have agreed to enter this agreement. Licensor and third parties disclaim all warranties, express, implied, or statutory, regarding the software, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No representation or other affirmation of fact regarding the software shall be deemed a warranty for any purpose or give rise to any liability of third parties whatsoever. User acknowledges that he or she has relied on no warranties or statements other than as may be set forth herein. In no event with the authors be held liable for any damages arising from the use of this software. If GlassWire software or web services or any data collected from this software or services prove to be defective you assume the entire cost for the repair to the GlassWire software or your computer systems or any injury or problem of any kind. You have been advised of the possibility of GlassWire software or web services causing damages or defects and GlassWire and its officers shall not be held accountable for any damages or defects in any way for any reason. GlassWire has the right to change its services or features in any way and delete any data for its servers any time for any reason.
Export Regulations 
The user agrees and accepts that the GlassWire software and documentation may be subject to important and export laws of any country, including those of the United States and European Union. If the user transfers or exports the software, which in all cases must be done in accordance with this agreement, you agree to and acknowledge that you are exclusively responsible for complying with all applicable laws and regulations, including but not limited to all United States and European Union trade sanctions and export regulations, regardless of the country in which you reside in or of which you are a citizen.
The GlassWire user shall defend, indemnify and hold harmless Licensor, its officers, directors contractors, agents and employees, from any and all claims or causes of action arising out of use of or related to the Software, and pay any and all damages and expenses (including but not limited to attorneys' fees incurred by Licensor and/or third parties) in connection therewith. Licensor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User shall cooperate with the Licensor in asserting any available defenses. The GlassWire user also agrees to indemnify and hold SecureMix LLC harmless from any claim or demand including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the GlassWire Software, your violation of any terms or conditions of this Software License Agreement, your violation of applicable laws, or your violation of any rights of another person or entity. If the licensor fails to exercise any of its rights under this agreement for any reason it will not constitute a waiver of such or any rights in this agreement. If a U.S. court finds any part of this license agreement unenforceable then the remainder of the agreement will continue intact and in full force and effect.
Laws and Compliance 
The GlassWire licensor may terminate or suspend use of Software and this Agreement immediately upon receipt of any notice which alleges that User has used the Software for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Licensor may disclose the User's identity and contact information, if requested by a government or law enforcement body, or as a result of a subpoena or other legal action, and Licensor shall not be liable for damages or results thereof and User agrees not to bring any action or claim against this Licensor for such disclosure.
This Agreement is effective unless terminated by Licensor at any time for any breach of this Agreement. User may terminate this Agreement at any time by deleting the Software from User's computer system and other storage media and to completely stop accessing the GlassWire website or contacting any GlassWire employees or related entities. This Agreement and User's right to use this Software automatically terminate if the GlassWire user breaches this Agreement.
Please visit our Privacy Policy web page <https://www.glasswire.com/privacy> to learn more about the GlassWire privacy policies.

Commitment to Privacy 

GlassWire is committed to protecting your privacy by collecting only the minimum amount of information needed to provide our software, website, and services.  Our company mission is to help people protect their privacy, data, and devices from threats.

Does GlassWire see or collect my network or graph data?

GlassWire does not ever see or collect any of your GlassWire network or graph data.  Your network and graph data stays on your computer and is never sent to our GlassWire servers.  Our business model is to sell our premium GlassWire software, not to collect or sell your data to advertisers.

What information does GlassWire collect? 
GlassWire collects information from you when you register on our website or forum, email us, place an order, subscribe to our newsletter, respond to a survey, fill out a form or download or install our software.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.
· GlassWire Installation
When installing GlassWire our installer will contact GlassWire.com so we can know how many installs of our software have occurred. This helps us estimate how many users we have. If we did not count installs of GlassWire we wouldn’t know how many users we have.  Thank you for allowing us to count you as a GlassWire user.
After installing GlassWire you may notice on GlassWire's graph that GlassWire itself contacts GlassWire.com around once per day. GlassWire checks for software updates that may contain important security fixes and also updates its suspicious host list. GlassWire can block itself from accessing the Internet however if you do so then you may not know about important software updates and your suspicious host list may no longer be up to date.  Please note our suspicious host list does not come from GlassWire users.  We can never see your network data.
· Google Analytics on GlassWire.com
Google, as a third party vendor, uses cookies to check website stats. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
What does the GlassWire website use your information for? 
Any of the information we collect from you may be used in one of the following ways:
· To personalize your experience
(Your information helps us to better respond to your individual needs.  For example if we notice a lot of users from France installing GlassWire or visiting our website we may decide to add a French translation of our software.) 
· To improve our website
(We continually work to improve our website offerings based on the information and feedback we receive from you.) 
· To improve customer service
(Your information helps us to more effectively respond to your customer service requests and support needs.) 
· To process transactions
We may share your information with third parties who deal with secure transaction billing, for example a billing company or credit card company. We don't process transactions on our servers or store billing data there. 
· To administer a contest, promotion, survey or other site feature

· To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. 
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. 

How does GlassWire protect your information? 
We implement a variety of security measures to maintain the safety of your personal information when you place a paid order of our software.
We offer the use of a secure server for all orders of our software. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
Does GlassWire use cookies on their website or in their software? 
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of GlassWire advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
Does GlassWire disclose any information to outside parties? 
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe the release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. For example we use Google Analytics to check stats for our website.
Third party website links 
Sometimes, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
By using our site or software, you consent to our online privacy policy and software license agreement/EULA <https://www.glasswire.com/license>.
Last Updated: October 23, 2014

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