Near Lock Terms of Use

Document last updated Thursday, 29 January 2015
Property of Filip Duvnjak

This is a legally binding contract between you and Near Lock. Make sure that you read the Terms of Use before downloading and using Near Lock because Near Lock allows an iOS device (and its presence), such as an iPhone, to allow access to your computer and sensitive information stored on it.

Definitions

“Near Lock” refers to the services and functionality provided by Near Lock for iOS, Near Lock for OS X, the Near Lock website and may also refer to the creator or creators and affiliates of Near Lock.

“We”, “us”, or “our” refers to the creators of Near Lock.

“You” of “user” refers to the user of the software or viewer of our website.

“Data” or “information” refers to digital information stored on Mac or iOS devices.

“Terms” refers to the Near Lock Terms of Use.

(1) Accepting these Terms of Use

Before downloading Near Lock, make sure you read these Terms of Use and agree to them. If you do not agree to these Terms, do not download or use Near Lock. In case we make significant changes to this Terms, we will publish them on our website. Using Near Lock after the notification on our website has been published constitutes your acceptance of the new Terms of Use. Meaning that in case of disagreeing to those changes, you must stop using Near Lock.

(2) Privacy Policy

Near Lock stores your data only locally (on your devices). We use encryption algorithms to store sensitive information, such as your credentials.
Installing and using the app you agree to the terms and conditions of the 3rd party frameworks we are using:

• Google Analytics – Privacy Policy
• Crashlytics – Privacy Policy

We may be required to disclose this information in order to: comply with the law or legal process; protect or defend our rights or property, or the rights or property of others; enforce these terms.

(3) Disclaimer of Warranties

We believe that using Near Lock is a safer way to protect your Mac from an unauthorized access than using a password alone. With this in mind, we do not guarantee or make any warranty that Near Lock will protect your Mac or the data on your Mac. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement.
By using Near Lock you understand and agree to do so entirely at your own discretion and risk.

(4) Limitations of Liability

Under absolutely no circumstances — including, without limitation, negligence — will we be liable for any direct, indirect, incidental, special or consequential damages, including loss or theft of your iOS device, your Mac, or your Mac's data, resulting from the use of or the inability to use Near Lock.

You understand and agree that Near Lock is not intended to replace your Mac’s password, but rather enables to enter that password automatically after Near Lock determines certain conditions have been met. You understand and agree that Near Lock has no affiliation with Apple beyond the iOS App Store and its respective policies, and that Apple does not approve of and may in fact disapprove of Near Lock as a method of authenticating with your Mac. We're not saying they disapprove of it, but just that we make no claims to the contrary.

(5) Software Licence Agreement

Whether you purchase Near Lock or you obtain Near Lock free version, you are not buying the software, you are buying a license to use the software we own.

The license we grant you when you purchase Near Lock entitles you to a personal, limited, non-exclusive, non-transferable use of Near Lock, which is in accordance with these Terms of Use.

You are not permitted to sublicense Near Lock nor tamper with the way in which it operates, or the code upon which Near Lock is built or the binary that Near Lock is compiled to.

We reserve the right to charge or not charge for further updates to Near Lock or change the terms of this license at any time.

(6) Indemnification

By using Near Lock you agree to indemnify, defend and hold harmless us and anyone affiliated with Near Lock for any and all claims and expenses, including any fees arising out of your use of Near Lock, including that of the Near Lock website.

We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

(7) Dispute Resolution

You agree to contact us directly with any disputes that you may have with us or with Near Lock and provide a written description of the problem, all relevant documents and information along with the proposed resolution. For disputes that cannot be settled directly between us and you, you agree to arbitrate all disputes that you may have with us.

By using Near Lock you specifically acknowledge and agree that you waive your right to bring a lawsuit against us or anyone associated with Near Lock, and you waive your right to participate in a Class Arbitration against us.

This document is created, edited, used and distributed under the “Creative Commons Attribution-Sharealike License”.
https://creativecommons.org/licenses/by-sa/3.0/