Securina Terms of Service

1. Introduction

1.1 Welcome

Welcome to Securina ("Service"), a modular data protection platform developed and provided by Secward Europe SA ("Company," "we," "our," or "us").

These Terms of Service ("Terms") govern your access to and use of the Service, including any software modules, desktop applications, websites, cloud services, subscription services, and related features made available through the Securina platform.

By accessing, downloading, installing, subscribing to, or using any part of the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

 

1.2 About Securina

Securina is a subscription-based Windows security service designed to help individuals and organizations protect sensitive files.

The Service currently provides local file encryption with customer-controlled encryption keys through AWS Key Management Service (AWS KMS).

Additional features may be introduced from time to time as part of the Service.

 

1.3 Definitions

For purposes of these Terms:

"Service" means the Securina platform, including all software modules, desktop applications, cloud services, websites, subscription services, support services, and related functionality.

"Module" means an individual software component or feature offered as part of the Service, including Cryptina, Portina, and any future modules.

"Software" means any desktop application, agent, executable program, installer, update, or other software provided as part of the Service.

"Subscription" means a paid or trial right to access and use the Service or one or more Modules during the applicable subscription period.

"User", "you", or "your" means the individual or legal entity using the Service.

 

1.4 Contracting Party

These Terms constitute a legally binding agreement between you and:

Secward Europe SA

The Company is the provider of the Service and the contracting party for subscriptions purchased through AWS Marketplace or other authorized sales channels.

 

1.5 Acceptance of the Terms

By creating an account, purchasing a Subscription, installing the Software, or otherwise using the Service, you acknowledge that:

• You have read these Terms;

• You understand these Terms;

• You agree to comply with these Terms; and

• You have the legal authority to enter into this agreement.

If you accept these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization.

 

1.6 Additional Agreements

Your use of certain Modules or Services may also be governed by additional legal documents, including:

• End User License Agreement ("EULA")

• Privacy Policy

• Other policies published by the Company

If an applicable EULA contains software-specific license terms that conflict with these Terms, the EULA shall control solely with respect to those software licensing provisions. In all other respects, these Terms shall prevail.

 

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least eighteen (18) years old, or the age of legal majority in your jurisdiction, whichever is greater, to use the Service.

You represent and warrant that your use of the Service complies with all applicable laws and regulations.

 

2.2 Organizational Accounts

If you access or use the Service on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

In such cases, "you" includes both the individual user and the applicable legal entity.

 

2.3 Account Registration

Certain features of the Service require you to register an account.

You agree to:

• Provide accurate and complete registration information;

• Keep your information current;

• Protect your account credentials;

• Promptly notify the Company of any unauthorized use of your account.

 

2.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account, except where caused by the Company's negligence or security breach.

 

2.5 Suspension of Accounts

The Company may suspend or restrict access to your account if it reasonably believes that:

• Your account has been compromised;

• Fraudulent or unauthorized activity has occurred;

• Continued access may threaten the security or integrity of the Service; or

• You have materially violated these Terms.

 

3. Subscription and License

3.1 Subscription Services

The Service is provided on a subscription basis.

Your Subscription determines which Modules, features, and Services you are authorized to access and use.

Available Subscription plans and included functionality are described on the applicable purchase page or AWS Marketplace listing.

 

3.2 License Grant

Subject to your continued compliance with these Terms and any applicable EULA, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install, access, and use the licensed Software and Modules solely for your internal personal or business purposes.

No ownership rights in the Software or Service are transferred to you.

 

3.3 Trial Subscriptions

If the Company offers a trial Subscription, it is provided solely for evaluation purposes.

The Company may modify, suspend, or terminate any trial at any time without prior notice.

 

3.4 Third-Party Services

Certain features of the Service may rely on third-party services or infrastructure, including AWS services such as AWS Key Management Service (AWS KMS).

The Company is not responsible for the availability or performance of third-party services beyond its reasonable control.

 

4. Permitted Use

4.1 Authorized Use

Subject to these Terms, your Subscription, and any applicable EULA, you may access and use the Service solely for its intended purposes and in accordance with all applicable laws.

 

4.2 Internal Use

Unless expressly authorized by the Company, the Service is licensed solely for your own internal personal or business use.

The Service may not be used to provide commercial security services, managed services, or software hosting services for third parties.

 

4.3 Software Installation

You may install and use the Software only on devices that you own, control, or are otherwise authorized to use.

You are responsible for ensuring that your devices satisfy the minimum system requirements published by the Company.

 

4.4 Compliance with Laws

You agree to use the Service only in compliance with all applicable laws, regulations, export control laws, and sanctions applicable to your jurisdiction.

 

5. Prohibited Use

You may not:

• violate applicable laws;

• reverse engineer or bypass security protections;

• use the Service to distribute malware or conduct unlawful activities;

• resell or provide the Service to unauthorized third parties.

 

6. Customer Responsibilities

You are responsible for:

• maintaining your account credentials;

• protecting your devices;

• maintaining backups of important files;

• ensuring that you have the legal right to encrypt the files you process; and

• complying with these Terms, the EULA, and applicable laws.

 

7. Fees and Payment

7.1 Ownership

The Service, Software, website, trademarks, logos, documentation, and all related intellectual property are owned by the Company or its licensors.

 

7.2 Feedback

If you provide suggestions or feedback regarding the Service, you grant the Company a worldwide, royalty-free license to use such feedback without restriction or compensation.

 

7.3 Reservation of Rights

Except for the limited rights expressly granted under these Terms and the EULA, all rights are reserved by the Company.

 

8. Intellectual Property

8.1 Ownership

The Service, Software, website, trademarks, logos, documentation, and all related intellectual property are owned by the Company or its licensors.

 

8.2 Feedback

If you provide suggestions or feedback regarding the Service, you grant the Company a worldwide, royalty-free license to use such feedback without restriction or compensation.

 

8.3 Reservation of Rights

Except for the limited rights expressly granted under these Terms and the EULA, all rights are reserved by the Company.

 

9. Privacy

9.1 Privacy

The collection and processing of personal information are governed by the Securina Privacy Policy.

 

9.2 Security

The Company implements reasonable administrative and technical safeguards to protect personal information. However, no system can guarantee absolute security.

 

10. Changes to the Service

10.1 Service Changes

The Company may modify, improve, or discontinue features of the Service from time to time.

 

10.2 Maintenance

Scheduled maintenance may temporarily affect Service availability.

 

10.3 Compatibility

You are responsible for maintaining a compatible operating environment for the Software.

 

11. Availability and Support

11.1 Availability

The Company will use commercially reasonable efforts to maintain the availability of the Service but does not guarantee uninterrupted operation.

 

11.2 Support

Support is provided according to the Company's published support channels.

 

11.3 Force Majeure

The Company is not liable for delays or failures caused by events beyond its reasonable control.

 

12. Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE."

To the maximum extent permitted by law, the Company disclaims all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.

 

13. Limitation of Liability

13.1 Exclusion of Certain Damages

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

• loss of profits;

• loss of revenue;

• loss of business opportunities;

• loss of goodwill;

• loss or corruption of data;

• business interruption; or

• procurement of substitute products or services,

arising out of or relating to the Service, even if the Company has been advised of the possibility of such damages.

 

13.2 Maximum Liability

To the maximum extent permitted by applicable law, the Company's total cumulative liability arising out of or relating to these Terms or the Service shall not exceed the total subscription fees actually paid by you to the Company or through the applicable sales channel for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.

 

13.3 Exceptions

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded under applicable law.

 

13.4 Allocation of Risk

You acknowledge that the pricing of the Service reflects the allocation of risks between you and the Company and that the limitations set forth in this Section form an essential basis of the agreement between the parties.

 

14. Indemnification

You agree to indemnify and hold harmless the Company from claims arising from:

• your misuse of the Service;

• your violation of these Terms; or

• your violation of applicable law.

 

15. Suspension and Termination

15.1 Suspension

The Company may suspend the Service if necessary to protect the Service, comply with legal obligations, or address security risks.

 

15.2 Termination by You

You may terminate your Subscription at any time through AWS Marketplace or another authorized sales channel.

 

15.3 Termination by the Company

The Company may terminate your access if you materially violate these Terms or applicable law.

 

15.4 Effect of Termination

Upon termination:

• your right to use the Service ends;

• your Subscription benefits cease; and

• certain provisions of these Terms will continue to apply.

 

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

 

16.2 Good Faith Negotiation

Before commencing arbitration, the parties agree to make reasonable efforts to resolve any dispute through good-faith negotiations.

 

16.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved through negotiation shall be finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the SIAC Rules in effect at the time the arbitration is commenced.

 

16.4 Seat and Language

The seat of arbitration shall be Singapore.

The arbitration shall be conducted by one (1) arbitrator.

The language of the arbitration shall be English.

 

16.5 Injunctive Relief

Nothing in these Terms prevents either party from seeking temporary or preliminary injunctive or equitable relief from a court of competent jurisdiction where necessary to protect intellectual property rights, confidential information, or other rights pending the outcome of arbitration.

 

17. Changes to These Terms

The Company may update these Terms from time to time. Material changes will be published through the Service or the Company's website. Your continued use of the Service constitutes acceptance of the revised Terms.

 

18. General Provisions

18.1 Entire Agreement

These Terms, together with the applicable EULA, Privacy Policy, and any documents expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Service.

 

18.2 Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

 

18.3 Waiver

The failure of either party to enforce any provision of these Terms shall not constitute a waiver of any future enforcement of that or any other provision.

 

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without the Company's prior written consent.

The Company may assign these Terms or any of its rights and obligations in connection with a merger, acquisition, corporate restructuring, sale of assets, or by operation of law.