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saveYOUR Terms and Conditions

Welcome to saveYOUR.

Technest, Inc. (“we”/”us”) make the website saveYOUR.xyz (the “Website”) available together with the saveYOUR application so you can access and store your photos and videos securely and use other custom features of our services (together the “Services”). These Terms of Service (“Terms”) constitute a legal agreement between you and us and governs your use of the Services. BY USING THE SERVICES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND THOSE CONTAINED IN OUR PRIVACY POLICY AS SET FORTH ELSEWHERE BUT INCORPORATED HEREIN BY REFERENCE.

IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE SERVICES.

The Services. saveYOUR allows subscribers to upload, share and store information, photos and videos. In order to access the Services and start managing your content across devices, you must be a registered user and you can use the Services from a computer and/or a personal mobile device if you have downloaded the saveYOUR application. The Services include free use of the manual entry functions of the application along with a trial basis of our Premium Services version (5 free uses).  The Premium Services version of the application provides the services of a Personal Assistant to the User.  The “trial basis” allows the User to use the Premium Services version for a limited number of uses, after which you may purchase more uses (in-app) for a fee to unlock additional Personal Assistant services. Further details about in-application purchases of the Premium Services can be found at saveYOUR.xyz/PremiumServices.

Content & Licensed Access. You retain full ownership to your information, photos and videos. We don’t claim ownership of the content you provide to the service. Your content remains your content. These Terms only grant us the limited rights that are needed to provide the Services. By submitting, uploading, posting or displaying content on or through the Services, you grant us (and our agents and affiliates) a non-exclusive, royalty-free license (with the right to sublicense) to transmit, display and distribute such content as required to provide the Services to you. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. In order to provide the Services, we need the rights to make technical decisions on how to provide and administer the Services. This includes, but is not limited to, how to secure your content, how to store your content and when to transmit your content (for example, when you access content from your mobile device). These rights extend to third parties we work with to provide the service, such as our hosting providers and personal assistants.

Restrictions on User Content and Use of the Service. We do not control or actively monitor your content however we reserve the right at all times to remove or refuse to distribute any content which breaches our policies and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.  In using the Services you shall not copy any content (unless expressly permitted to do so herein), upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable, unless you have a right to make available under law or under a contractual relationship.

infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights).  In using the Services you shall not copy or upload, post, email, transmit or otherwise make available any material that is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," or any other form of solicitation.  In using the Services you shall not copy or upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy or any material that could damage or harm minors in any way. 

In using the Services you shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization.  In using the Services, you shall not interfere with or disrupt the Services or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.  In using the Services you shall not intentionally or unintentionally violate any applicable local, provincial, national or international law or regulation,

collect or store personal information about other users, access, tamper with, or use non-public areas of the service, shared areas of the service you have not been invited to, saveYOUR (or our service providers’) computer systems;

license, sell, or otherwise commercially exploit the Services), access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”).                                                           

You also agree not to access the Website or Services in a manner that utilizes resources more heavily than would be the case for an individual person for example through storage in excess of what would be reasonable for a personal photo or video collection and use of bandwidth in excess of what could be used via normal usage. We reserve the right to suspend accounts for consuming excessive resources.

Copyright Policy. We do not permit copyright infringing activities and infringement of intellectual property rights on and will remove any photos, videos or other content if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:

- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

- identification of the URL or other specific location on the Services where the material that you claim is infringing is located;

- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at office@technest.la or by mail at Copyright Agent - Technest Inc. (saveYOUR), 509 South Beverly Drive, Beverly Hills, CA 90212.

End User License. The Services and the information and materials that it contains, are the property of Technest, Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms, we grant you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the saveYOUR application on each mobile device that you own or control for your use. The saveYOUR App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Technest Inc. or saveYOUR names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.

DISCLAIMER. THE SERVICES ARE PROVIDED "AS IS." WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) PROPERTY DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (V) ANY LOSS OR CORRUPTION OF DATA FILES ON THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS PAID BY YOU TO US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY APPLICABLE LAW.

Termination. We may, under certain circumstances terminate Your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Services, or (e) unexpected technical, security or legal issues or problems. In most cases we will attempt to give you ample notice of any termination or suspension to help you secure your data, however in some cases the termination may not include notice (for example, a court order or flagrantly violating these terms). Termination of Your access to the Services may also include removal of the materials uploaded by You to the Services. You acknowledge and agree that we may make all terminations in our sole discretion and that we shall not be liable to You or any third-party for any termination of Your access to or removal of any of the materials uploaded by You through the Services.

Availability & Changes. We may alter, suspend, or discontinue the Services at any time and for any reason but will endeavor to provide advance notice of any such outages. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the Website without notice. 

Technest, Inc. reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Technest, Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

We may revise these Terms from time to time and the most current version will always be posted on the Website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Security. The saveYOUR application attempts to use a secure connection when transmitting sensitive information including your data, identity and password. However, we cannot and do not make any representation or warranty concerning security of the communication to or from the service. Do not attempt to connect to the service using insecure access channels, such as, but not limited to web service requests made over an insecure connection, or any 3rd party applications. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.  No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Technest, Inc. uses reasonable efforts to protect your Personal Data, it cannot, and does not, guarantee its absolute security.

Notice of Changes, Agreement to Arbitrate Disputes, Waiver of Class or Collective Actions. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause. All controversies, disputes, demands, counts, claims, or causes of action between you and TechNest, Inc. arising out of, under, or related in any way to this Agreement or our privacy practices, shall exclusively be settled through binding arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or another arbitral forum as mutually agreed upon by the parties. As modified by this Agreement, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and TechNest, Inc.  must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and TechNest, Inc., and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR TECHNEST, INC.  MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, TechNest, Inc.  will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) TechNest, Inc. also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or TechNest, Inc. shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/Technest, Inc. customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.

Notwithstanding the foregoing, either you or TechNest, Inc. may bring an individual action in small claims court. In addition, if you are a user outside of the United States, Section 11(b) of the Privacy Policy (Dispute Resolution for Users Outside of the United States), and not this arbitration provision, shall apply to any disputes related to privacy. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration provision. Such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the state courts located in Los Angeles County, California or the federal courts located in that County and State. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor TechNest, Inc.  shall be entitled to arbitration. In the event a court holds this arbitration provision unenforceable, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and TechNest, Inc.  shall be exclusively brought in the state or federal courts specified in subsection “(d)” above.  For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

Indemnity. You agree to indemnify and hold Technest, Inc. (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Contact Data, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations (including any privacy laws), and (e) if you are a Developer, your Developer App..  Technest, Inc.  reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Technest, Inc.. Technest, Inc. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Choice of Law. The Terms of Use is made under and shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Technest, Inc. will not be liable for any delay or non-performance of its obligations under this Agreement due to any cause beyond its control. Your relationship to Technest, Inc. is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Technest, Inc.  prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. There are no third party beneficiaries of this Agreement.

Copyright/Trademark Information. Copyright © 2015, Technest, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

If you have any questions about these Terms please contact us at: office@technest.la.

October, 2015