Version 1.1
These Terms and Conditions (hereinafter the “T&Cs“) constitute and govern the contractual relationship between you, the user of HashThat (hereinafter the “User” or “you” or “your“) and Multi Dimension Solutions Limited (hereinafter “We” or “Us” or “Our“), a company established under the Laws of Malta, bearing company registration number C 96131 and having its registered address at The Bastions, Office 2, Emvin Cremona Street, Floriana, FRN 1281, Malta.
You and Us are herein individually referred to as a “Party” and collectively referred to as the “Parties“.
The following words and terms, should be interpreted as follows in these T&Cs unless the context clearly implies otherwise:
“Account” | Shall mean the User’s account for accessing the App; |
“Account Registration Form” | Shall mean the registration form provided when registering an Account; |
“Account Settings” | Shall mean the settings of your Account, accessible at the App’s settings section; |
“App” | shall mean application HashThat; |
“Device” | shall mean any mobile phone, tablet or desktop device on which the App can be installed; |
“Free Trial” | Shall mean the App service (inc. standard + pro features) provided for free, in terms of these T&Cs; |
“IPRs” | shall mean any and all intellectual property rights, including without limitation copyright protected materials, database rights, computer programs, software, registered and unregistered trademarks, registered and unregistered design rights, patents and patentable inventions, know how (regardless if patentable or not) and all other rights in any jurisdiction belonging to Us; |
“Master Password” | Shall mean the password chosen by the User for accessing the Account; |
“Memory Phrase” | shall mean the phrase chosen by the User while registering an Account, for the purpose of hinting the Master Password and / or Secret Key to the User; |
“Passwords” | Shall mean the User’s own passwords which are stored by the User within the App; |
“Secret Key” | shall mean an optional secret access code stored in your Device, which adds layers of encryption; |
“Subscription” | Shall mean the subscription service of this App which you choose; |
“Subscription Fee” | Shall mean the fee due for the Subscription chosen; |
“Subscription Page” | Shall mean the page on the App accessible at <hashthatpassword.com> which provides all information on the various types of Subscriptions available; |
“Subscription Period” | Shall mean the applicable subscription period for the Subscription you may have chosen; and |
“Username” | Shall mean the username you choose during Account registration, for accessing your Account. |
The App can be used exclusively subject to these T&Cs, which constitute the entire agreement between Us and the User for the use of the App.
3.1 You may use the App exclusively to store, view, edit or delete your own Passwords. Please note that through the Account Settings, you can also:
3.2 You may only store Passwords within the App pertaining to lawful activities.
3.3 You shall not store as Passwords within the App any cryptographic keys and/or cryptocurrency access credentials.
3.4 You must download and install the App on your Device to be able to use the App, together with any App updates which We may issue from time to time.
3.5 You shall only be able to access the Account through one (1) Device at a time. We cannot guarantee that your Device will be supported by Our App.
3.6 You shall be solely responsible for ensuring that your Device is configured as necessary to be able to use the App and to ensure that your Device is protected by virus protection software and/or other forms of security.
3.7 You shall not use the App, whether intentionally or otherwise, to:
4.1 You must be at least eighteen (18) years old to register an Account and use the App.
4.2 You may only open one (1) Account in your name. We shall have the right to close your Account if you hold more than one (1) Account in your name.
4.3 In order to be able to use the App, you must register an Account and you must positively signify your agreement to these T&Cs and to our Privacy Notice, by clicking “I Agree to the Terms and Conditions” and “I Agree to the Privacy Notice”. You may not use the App unless you agree to these T&Cs and to our Privacy Notice.
4.4 To create an Account, the User will need to provide his email address, choose a Username and Master Password, and optionally provide a Memory Phrase when filling in the Account Registration Form. Please follow the instructions provided by the App to activate your Account.
5.1 Following Account registration, you will be automatically enrolled on our app’s ‘Free Version’. Alternatively, a subscription may be purchased (via the app or our website), which will activate all of the app’s features.
FREE VERSION
5.2 The ‘Free Version’ contains a subset of the features available in the app. We reserve the right to change / modify which subset of features are made available to the app’s Free-Based version.
5.3 At our sole discretion, we reserve the right to limit or terminate your use of any free version based Service(s) of our app.
FREE TRIAL
5.4 The Free Trial option permits you to use the App for a limited number of days (e.g. 7 days) from the date on which you subscribed to the Free Trial (the “Free Trial Period”).
5.5 Once the Free Trial Period ends, you will be reverted back to the ‘Free Version’ of the app. Should you wish to retain the benefit of the premium version, you may do so by purchasing a Subscription.
5.6 You hereby agree that a User can only subscribe to the Free Trial once. We reserve the right to close your Account at any time, in the event that you have registered more than one (1) Account to fraudulently benefit from more than one (1) Free Trial.
SUBSCRIPTION
5.7 The Subscription Page provides the various Subscription models that are available to use the App.
5.8 Each Subscription may be subject to any further Subscription specific terms and conditions which shall be made available on the Subscription Page.
5.9 Subscribing to a Subscription shall be subject to payment of the Subscription Fee.
5.10 The Subscription chosen by the User shall be for the Subscription Period applicable to the chosen Subscription.
5.11 On the end of the Subscription Period, the chosen Subscription will automatically renew unless you choose from your Account Settings to opt out from automatic renewal or to cancel your Subscription.
5.12 We shall have the right to close your Account in the event that the Subscription Fees are not paid when due.
5.13 Any Subscription Fees paid to Us shall be non-refundable, including if we terminate your Account in accordance with these T&Cs.
ACCOUNT CLOSURE
5.14 You may close you Account by accessing your Account Settings and clicking “delete account”. If you choose to close your Account, We shall immediately and irrevocably delete and destroy any and all data related to your Account (unless We are under an obligation to retain your data as a result of any legal obligation imposed on Us or We have a legitimate interest to keep your data).
6.1 If the User does not access the Account by “logging in” for any period of twelve (12) consecutive months, we shall be able to deem such Account as an “Inactive Account”.
6.2 If an Account becomes an Inactive Account and we are unable to contact the User after having made reasonable attempts to do so, We shall have the right to close such Account, cancel any Subscription and delete any data related to that Account (unless We are under an obligation to retain your data as a result of any legal obligation imposed on Us or We have a legitimate interest to keep your data).
7.1 To access your Account and use the App, you will require your Master Password and optionally the Secret Key, if a Secret Key was chosen by you.
7.2 You are advised to choose a non-predictable Master Password and a non-predictable Secret Key (if you chose a Secret Key) and not to include the Memory Phrase within the chosen Master Password and/or Secret Key. In the event that you lost or misplaced your Master Password and/or Secret Key, you should notify Us immediately.
7.3 You hereby understand that we have no way of retrieving your Master Password and/or your Secret Key.
7.4 The Secret Key and Master Password are encrypted in your Device. You may access and/or change your Secret Key and/or Master Password from the Account Settings.
7.5 You must keep the Master Password and Security Key a secret and must not reveal them to third parties.
7.6 You hereby agree that We shall in no way be responsible or liable to you, in the event that you forget, misplace, or lose your Master Password and/or Security Key. We shall also not be in any way responsible or liable to you for any damage which may occur if you reveal your Master Password and/or Security Key to any third party.
7.7 If you forget your Master Password and/or your Secret Key, the only assistance that may be provided by Us in helping you remember the Master Password and/or Secret Key and in turn, helping you gaining access to your Account is by providing you with the Memory Phrase when you click “Forgot Password”.
The App has a “password generator” feature which generates random password characters. The App does not store any such random generated password characters unless the User chooses to store such characters as Passwords within the App.
9.1 We reserve the right to add, amend, supplement and modify these T&Cs from time to time as We may deem appropriate.
9.2 In case of any modification to these T&Cs, you will be notified of the modification on your next log-in to your Account and/or by email. You will be required to confirm acceptance of such modified T&Cs prior to being able to gain access to the Account and being able to continue using the App.
9.3 In the event that you do not agree to any modification to the T&Cs, you shall have the option of immediately closing your Account and cancel any Subscription.
10.1 The App is Our property and its contents and functionalities are protected by copyright and other IPRs which may be owned or licensed to Us.
10.2 For the duration of your Subscription or Free Trial (as applicable), we hereby grant you a non-exclusive license to use the App and its IPRs as may be strictly necessary to allow you to use the App in accordance with these T&Cs.
10.3 You may not copy, transmit, amend, reproduce or re-distribute, in any form any information or content within the App without Our prior written consent.
We shall process your personal data in a controller capacity, in accordance with Our Privacy Notice.
We do not guarantee that the App, including any content and functionality thereof, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the App at any time in Our sole discretion. Where possible, We shall strive to give you reasonable advance notice of any such suspension, restriction or withdrawal.
We have the right to immediately cancel your Account and terminate your Subscription or Free Trial, in the event that we have reason to believe that you are in breach of these T&Cs.
14.1 The App is made available to the User on an “as is” basis, without any warranty of any kind (insofar as this is legally permissible), including without any warranties of functionality, availability, completeness, accuracy, fitness for a particular purposes, merchantability or lack of bugs, viruses or errors.
14.2 You hereby warrant:
15.1 You hereby agree not to hold Us liable or responsible in any way for any indirect, incidental or consequential loss or damage of any kind (actual or threatened).
15.2 Without prejudice to clause 15.1, you hereby agree that in no event shall We be held liable in your regard for, or as a result of:
15.3 In the event We are held to be liable to you (whether in contract or in tort), you hereby agree that Our liability in your regard shall not exceed an amount equivalent to fees you paid to us as Subscription Fees.
15.4 Under no circumstance shall we be held liable in your regard unless you have purchased a Subscription.
15.5 Nothing in these T&Cs shall exclude or limit our liability for bad faith, wilful misconduct or gross negligence.
15.6 You hereby agree to fully indemnify and hold Us harmless, including Our employees, directors, contractors, consultants and associates, from and against any and all claims, losses, liabilities, costs, expenses or damages incurred by Us by reason of any claim, demand, lawsuit or action by a third party resulting from your breach of these T&Cs and/or breach of applicable laws and/or breach of third party rights.
16.1 The App is available in a number of languages, which you may choose when installing the App and thereafter change from your Account Settings.
16.2 Please note that the English language version of the App shall take precedence over any translated version.
17.1 You are prohibited from assigning your Account to any third party and/or from allowing any third party to use your Account.
17.2 We may assign or transfer these T&Cs, in part or in full, to any third party as part of any transaction involving the transfer of the App to a third party and in such case, We shall give you notice of any such transfer and We shall abide with any applicable laws in the transfer process, including but not limited to data protection laws.
17.3 Changes in Our shareholding shall not constitute a transfer or assignment of these T&Cs.
Nothing in these T&Cs is intended to, or shall be deemed to, establish any partnership or joint venture between you and Us, constitute you or Us as agent of the other, or authorise you or Us to make or enter into any commitments for or on behalf of the other.
If any of the provisions of these T&Cs becomes illegal, invalid or unenforceable in any respect, the legal validity, and enforceability of the remainder of these T&Cs shall not be affected.
Neither Party shall be liable to the other for any failure or inability to perform its obligations under these T&Cs as a result of any cause constituting a fortuitous event, including but not limited to; acts of God, war, rebellion, sabotage or riots, acts of terrorism, acts of cyberterrorism, floods, fires, explosions, pandemics or other catastrophes and other similar occurrences not reasonably foreseeable, and that are beyond the control of, the performing Party.
21.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Malta.
21.2 Any dispute between the Parties in conjunction to these Terms and/or the Service shall be submitted to the exclusive jurisdiction of the Courts of Malta unless you have other rights which may be granted to You as a consumer habitually residing in another Member State of the European Union.
If you have any questions on these T&Cs or queries or complaints regarding the App, please contact us on info@hashthatpassword.com.
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