Unseen Terms of Service

PLEASE CAREFULLY READ THESE TERMS OF SERVICE FOR THIS WEBSITE (THE “WEBSITE”) AND THE ENCRYPTED COMMUNICATIONS SERVICE (THE “SERVICE”) PROVIDED BY UNSEEN. BY ACCESSING, USING OR SUBSCRIBING TO THIS WEBSITE OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT ACCESS, USE, OR SUBSCRIBE TO THIS WEBSITE OR THE SERVICE.

These Terms of Service (the “Agreement”) comprise the entire agreement between you and Unseen and supersedes any and all prior versions of this Agreement.

unseen.is, the Website and the Service are owned and offered by Unseen ehf., an Icelandic entity (“Unseen,” “we”, “our”, or “us”)

1. DESCRIPTION OF SERVICE; MODIFICATIONS. The Service enables encrypted email communications as well as encrypted peer-to-peer and group text, audio and video chat. To provide the Service, Unseen uses encryption technology and software running on custom-designed and custom-built platforms controlled by Unseen and operated by Unseen and its partners. In the case of the Edge Server ("Router" or "Routers") members of the Unseen community participate with Routers in their respective custody. We promise to do our best to protect the confidentiality of all transmissions made using the Service and your information. Unseen will not disclose information to any third parties unless required by law or court ruling.

Unseen shall not be liable to you or any third party should Unseen exercise its right to modify the Service. You should always keep backups of your important digital messages and files in another secure location.

2. PRIVACY. Unseen’s use of your personal data is governed by Unseen’s Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy stipulates what personal data Unseen reserves the right to process and how the processing will be conducted. Including under what circumstances Unseen might be requested to disclose your individually identifiable and personal data to a third party, but would only do so under the laws of Iceland.

3. SUBSCRIPTION. Paid subscribers have a limited, non-exclusive, terminable, and non-transferable right to use the premium version of the Service, for the period of the subscription. Same rights also apply to those Unseen community members who operate a Router on our behalf.

If you decide to terminate your subscription within the thirty (30) days grace period, Unseen will refund the subscription fees to you. After 30 days any refund of the subscription fee already paid will entirely be at Unseen’s discretion.

4. OWNERSHIP OF TRANSMITTED MATERIAL. Any text, music, audio or other sound, video, software or another material protected by copyright is referred to as “Material” in this agreement. You will retain any copyrights held by you in all Material that you transmit using the Service. Unseen does not assert and hereby disclaims any ownership or other proprietary interest in the Material or information transmitted using the Service.

5. RESPONSIBILITY FOR MATERIAL. You acknowledge and agree that Unseen does not assume responsibility or liability for any Material or any information transmitted or received by you using the Service.You agree that you must evaluate and bear all risks associated with using the Service. You understand that all Material and information privately transmitted using the Service are the sole responsibility of the person or entity that originated it.

6. INDEMNITY. You agree to indemnify and hold harmless Unseen, and its subsidiaries, affiliates, officers, directors, agents, and employees, from any claim or demand. The indemnity includes reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of this Agreement, or your violation of any rights of third parties. Including claims in relation to any use of the Material.

7. NO MODIFICATION OR RESELL OF SERVICE. Except as authorized by Unseen’s affiliate program, you agree not to reproduce, duplicate, modify, copy, sell, or resell any portion of the Service; neither the software related to the Service nor the hardware, including the Router; or use of the Service, or access to the Service.

8. ACCOUNT, PASSWORD AND SECURITY. Your account name and password are stored on Unseen’s system; your pass-phrase is not transmitted or otherwise available to Unseen. You are entirely responsible if you do not maintain the confidentiality of your Account Information. Furthermore, you are entirely responsible for any and all activities that occur under your account.

9. TERMINATION. You agree that Unseen, in its sole discretion, may at any time discontinue providing the service, or any part thereof, with or without notice; terminate your account and use of the Service; and remove and discard any Material or information within the Service. That applies for any reason, including if Unseen believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your use of the Service, by Unseen, under any provision of this Agreement may be effected without prior notice to you and you agree that Unseen may immediately deactivate or delete your account and bar any further access to the Service.

You agree that Unseen shall not be liable to you or any third-party for termination of your access to the Service, of any unused Service or if Unseen discontinues providing the Service. Except that Unseen will refund to you the pro-rata portion of any prepaid subscription fees for the period following the effective date of the termination or discontinuance.

If your account and use of the Service is terminated as a result of your violation of the terms and conditions of the Agreement Unseen shall, however, not be bound to refund the prepaid subscription fee.

10. UNSEEN PROPRIETARY RIGHTS. You acknowledge and agree that the Service and any Unseen software used in connection with the Service might contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the related software, in whole or in part.

11. DISCLAIMER OF WARRANTIES. You expressly agree that use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. To the fullest extent permitted by Icelandic law, Unseen expressly disclaims all warranties of any kind, whether expressed or implied. No advice or information, whether oral or written, obtained by you from or through the service shall create any warranty not expressly made herein.

12. LIMITATION OF LIABILITY. To the fullest extent permitted by law Unseen shall not be liable for any direct, indirect, incidental, special or consequential damages, including the cost of procurement of substitute goods and services, resulting from (a) the use or the inability to use the service, (b) deletion of or other inability to access data, (c) any goods or services purchased or obtained or messages received or transactions entered into through the service, (d) the operated Routers on our behalf, including data loss, unavailability and other problems; (e) unauthorized access to, alteration of or taking of any transmissions, account information, data, or Unseen’s systems, equipment and facilities, in all cases including but not limited to damages for loss of profits, use, account information, data or other intangibles, even if you have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Unseen’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by you to Unseen for Unseen’s services during the time of the subscription.

13. NOTICE. All notices to a party shall be in writing and, if to Unseen, shall be made either via email to support@unseen.is or conventional mail to Support, unseen.is, Idunnarbrunnur 5, 113 Reykjavik, Iceland. Unseen may distribute notices or messages via an email address you provide to Unseen or through the Service to inform you of changes to this Agreement, the Service, or other matters of importance; such distribution shall constitute a notice to you.

14. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement will cause such damage to Unseen as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Unseen shall be entitled to immediate injunction, issued by the relevant court, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recovering from you any and all costs and expenses sustained or incurred by Unseen in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.

15. LAWS. This Agreement shall be governed by and construed in accordance with the laws of Iceland, where Unseen ehf. is incorporated.

16. DISPUTE RESOLUTION. You and Unseen each agree to use best efforts to amicably resolve any dispute relating to this Agreement. Any dispute that cannot be resolved that way will be settled by the District Court of Reykjavik, Iceland.

17. YOU AND UNSEEN AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You agree that, by entering into this Agreement, you and Unseen are each waiving the right to participate in a class action. This provision shall survive termination of this Agreement.

18. SEVERABILITY. If any provision(s) of this Agreement are held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and Unseen agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose or should reasonably have become known; otherwise, such cause of action is permanently barred.

19. VIOLATIONS. Please report any violations of this Agreement to the administrators at unseen.is via the e-mail address support@unseen.is.

20. COPYRIGHT AND TRADEMARK. Website copyright notice: Copyright © 2013-2014 Unseen ehf. All rights reserved. This Website is the copyrighted property of Unseen and various third party providers. Unseen, unseen.is, “Secure Your Privacy” and “Secure Your Freedom” are service marks of Unseen. Other product, service and company names used on this Website are registered and common law trademarks of their respective owners. Nothing contained on this Website should be construed as granting, by expression, implication or otherwise, any license or right to use any of such trademarks. Unauthorized use of this Website, the materials contained on this Website or the Service may violate applicable copyright, trademark or other intellectual property laws or other laws.

21. AMENDMENTS. Unseen reserves the right to change the terms and conditions of this Agreement without notice.

22. NOTICE OF INFRINGEMENT. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Material, information or links on this Website, please write to Unseen either through an email to copyright@unseen.is or mailed to Copyright Administrator, unseen.is, Idunnarbrunnur 5, 113 Reykjavik, Iceland.

Unseen loyalty program terms of service

1. UNSEEN'S LOYALTY PROGRAM. The Unseen loyalty program gives Unseen users the opportunity to make use of privileges provided by Unseen. These privileges include but are not limited to the ownership and usage of a Safe.Cash wallet ("wallet") and Safe.Cash coins ("Safe.Cash coins"). A user qualifies for the loyalty program by acquiring a Safe.Cash wallet.

2. REDEMPTION. Unseen's Safe.Cash coins are issued by Unseen ehf. an Icelandic corporation. Safe.Cash coins may only be redeemed through the purchase of goods and services provided by Unseen ehf. from www.unseen.is website.

The redemption and other rules regarding Safe.Cash coins are subject to change in the sole discretion of Unseen ehf.

Safe.Cash coins include any of the Safe.Cash coins you have in your balance contained in your Safe.Cash wallet (“wallet”). The balance of the Safe.Cash wallet can not go below zero. Your wallet's balance displays the total remaining balance of all Safe.Cash coins that have been applied to your wallet account but not yet applied to a purchase. We refer to your wallet's balance as your “Safe.Cash coins wallet's balance”, “Gift Card balance”, “balance”, “wallet's balance”, “SC wallet's balance”, “SC balance” or simply “Safe.Cash” (“SC”). Purchases are deducted from your wallet's balance. Any unused balance will remain associated with your Unseen account and Safe.Cash wallet for one year after active use of your account. Any action, including logging in to your Unseen account, qualifies for active usage for the purposes of these terms.

If a purchase exceeds your wallet's balance, the remaining amount must be paid with another payment method. To view your wallet's Balance, click on “wallet” through the Unseen application logged in with your username. No fees apply to SC unless expressly stated otherwise.

3. LIMITATIONS. Your wallet's balance cannot be applied to the purchase of products of any other website than through www.unseen.is. Your SC balance cannot be used to purchase other gift cards. Safe.Cash coins cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. It is the sole responsibility of the owner of SC to make sure a purchase and/or transactions of SC is in accordance to the laws in his/her legal jurisdiction.

4. RISK OF LOSS. We are not responsible for any Safe.Cash coins that are lost, stolen or destroyed from your wallet or if your Safe.Cash coins are used without your permission.

5. LIMITATION OF LIABILITY. We make no warranties, express or implied, with respect to Safe.Cash coins or your wallet's balance, including without limitation, any express or implied warranty of merchantability for a particular purpose. in the event that Safe.Cash coins are non-functional, your sole remedy, and our sole liability, will be the replacement of the safe.cash coins in the wallet's balance.

6. DISPUTE RESOLUTION AND SEVERABILITY. When you receive, purchase or apply Safe.Cash coins to your wallet's account or when you use your wallet's balance, you agree that the laws of Iceland, without regard to principles of conflict of laws, will govern these terms and conditions and to any dispute that may arise between you and Unseen ehf. related to your use of a Safe.Cash coins or your wallet's balance. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

You and Unseen each agree to use best efforts to amicably resolve any dispute relating to this Agreement. Any dispute that cannot be resolved that way will be settled by the District Court of Reykjavík, Iceland

7. EXPIRATION. The Safe.Cash coins represented in your wallet's balance do not expire until after an extended period of inactive use of your wallet's transactions and on your respective Unseen account. Any use of either, including logging in to your Unseen account or making a transaction from your wallet, constitutes and qualifies as active usage.

Inactivity for over a year on both the wallet's transactions and on your account constitutes as a voluntary relinquishment of your right to the management of your wallet's balance and the ownership over the Safe.Cash coins and gives Unseen the right of both, the ownership of the respective wallet and the management of the remaining Safe.Cash balance.

 

Payment by Credit Card (required info):

The merchant, Unseen ehf, is the registered owner of the domain https://unseen.is

 

Unseen ehf.
1 Idunnarbrunnur 5
113 Reykjavik, Iceland

 


Reg.id. 420413-0680
VAT: 115387
Tel: (354) 695-9991

 

Contact address for customers: support@unseen.is

Our product is delivered as a service, if you purchase it, you should be upgraded to a premium (or business premium) account. If you don’t yet have an account and have paid, please get a free account from our front page, then contact support with your transaction number. Your account will be upgraded.

The product can be paid by debit or credit card, bitcoin or prepaid cards as well as by PayPal.

You have a right to a 30 day unconditional refund, please contact support@unseen.is if you would like a refund.

 

January 29, 2015