Last updated: December 16, 2020

1. ACCEPTANCE THE USE OF HAVENONE TERMS AND CONDITIONS

These Terms and Conditions (the “Terms”) constitute a legal agreement between Corvid Cyberdefense (“Corvid,” “we,” or “us”) and you, the individual purchaser or user of our Haven One Light application (“HavenOne” or “the Application”). Your access to and use of HavenOne is subject exclusively to these Terms and Conditions. You will not use the Application for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Application you are fully accepting the terms, conditions and disclaimers contained in this notice, and you agree to be bound by these Terms. If you do not accept these Terms and Conditions you must immediately stop using the Application and delete it from your device.

2. THE APPLICATION

2.1 License. We hereby grants to you, and you accept, a limited, non-exclusive, non-transferable license to access and use the Application, only as made available by us to you and authorized by these Terms. Access to the Application will only be provided via the Internet, and you are responsible for obtaining and maintaining the necessary Internet access and web browser.

2.2 Use. You may only use this Application internally within the organization we have authorized for use, for evaluation purposes only. You must comply with all applicable laws when using the Application. You are prohibited from transmitting via the Application any unlawful, threatening, libelous, defamatory, obscene, or pornographic material, or any material that would violate any law or the intellectual property or other proprietary rights of others. Use of the Application is void where prohibited.

2.3 Restrictions. You agree that you will not (a) use the Application except as set forth in these Terms, (b) copy the Application, in whole or in part, (c) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application or any part of it, (d) use the Application to provide service bureau or other access or use of the Application to third parties, (e) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof, (f) store or place the Application on any web page or transmit the Application electronically via the Internet, (g) sell, distribute, loan, assign, sublicense, pledge, lease, rent, share or otherwise transfer the Application, or any portion or copy of the Application, or your rights and obligations under these Terms, or (h) remove or alter any trademark, trade name, product name, logo, copyright, patent, or other proprietary notice, legend, symbol, or label in the Application.

2.4 Account Information. You are responsible for maintaining the confidentiality of your user id and password for accessing the Application, and for restricting access to yourself only. You agree to accept responsibility for all activities that occur under your account or through the use of your user id and password. We reserve the right to refuse service, terminate accounts, remove, or edit content in our sole discretion.

3. CREDIT CARD DETAILS

All HavenOne purchases are managed by the payment form located at https://www.havenonesecure.com/ or the individual App Stores (Apple, Google Windows), as applicable. Corvid will never store your credit card information or make it available to any third parties. Any purchasing information provided will be provided directly from you to the respective payment processor or App Store, and you will be subject to their respective credit card policies.

4. CHANGE OF USE

4.1 Application Changes. Corvid reserves the right to change or remove (temporarily or permanently) the Application or any part of it without notice to you. You confirm that Corvid shall not be liable to you for any such change or removal.

4.2 Amendments. Further, we may change, amend or modify these Terms and Conditions at any time, and your continued use of the Application following any changes shall be deemed to be your acceptance of such changes.

5. LINKS TO THIRD PARTY APPS AND WEBSITES

The Application may include links to third party apps and websites that are controlled and maintained by others. Any link to other apps and websites is not an endorsement of such and you acknowledge and agree that we are not responsible for the content or availability of any such apps and websites. You further acknowledge and agree that we are not responsible or liable for the products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

6. INTELLECTUAL PROPERTY

6.1 Proprietary Rights. All copyright, trade marks and all other intellectual property rights in the Application and its content (including without limitation the app design, text, graphics and all software and source codes connected with the app) are owned by or licensed to HavenOne or otherwise used by HavenOne as permitted by law. You acknowledge that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms, or any other rights to the Application other than the right to use the Application in accordance with the license granted under these Terms, subject to all its terms, conditions, and restrictions. We and our licensors reserve and shall retain our entire right, title, and interest in and to the Application and all intellectual property rights arising out of or relating to the Application, subject to the license expressly granted to you in these Terms. The Application contains trade secret and proprietary information owned by us or our licensors and is protected by copyright and other applicable laws. You shall safeguard the Application from infringement, misappropriation, theft, misuse, or unauthorized access.

6.2 Permitted Use. In accessing the Application you agree that you will access the Application and content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Application for personal, non-commercial home use only.

6.3 Comments and Suggestions. You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to us, including feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, “Suggestions”), will not be considered confidential or proprietary, even if the Suggestions are labeled “Confidential” or “Proprietary.” Further, you agree that we will have the unrestricted and perpetual right to use, reproduce and disclose such Suggestions, in any manner and for any purpose (including without limitation to improve the Application and to develop, market and offer other products or services that incorporate or otherwise embody the Suggestions), without providing any notice, compensation, or attribution to you.

6.4 Trademarks. “Corvid Cyberdefense,” “Haven One,” and other trademarks contained in the Application are our trademarks or service marks. These Terms do not authorize you to use our name, trademarks or service marks.

7. TERM AND TERMINATION

These Terms are effective upon the earlier of your purchase, download, or use of the Application, and these Terms shall continue in effect until terminated. We may terminate these Terms for any reason at any time. You may terminate these Terms at any time by following the account termination instructions on the Application’s settings page. In addition, these Terms shall be terminated automatically if you fail to comply with any of the terms and conditions of these Terms. Upon any termination of these Terms, you agree to cease all use of the Application immediately and to remove the Application from your devices. All provisions of these Terms which by their nature or context contemplate survival shall survive the termination of these Terms.

8. NO WARRANTIES

WE LICENSE THE APPLICATION AND PROVIDE THE CONTENT “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES WITH REGARD TO THE APPLICATION AND THE CONTENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, OR ANY WARRANTY CONCERNING THE QUALITY, FUNCTIONALITY, AVAILABILITY, OPERABILITY, ACCURACY, EFFORT, USE, OR PERFORMANCE OF THE APPLICATION AND THE CONTENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION AND THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU ASSUME THE ENTIRE RISK AS TO POTENTIAL LOSS OR DISCLOSURE OF DATA OR SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT. SHOULD THE APPLICATION OR CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE HAVE NO OBLIGATION UNDER THESE TERMS TO CORRECT ANY BUGS, DEFECTS, OR ERRORS IN THE APPLICATION, RECOVER ANY LOST DATA, OR TO OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION DURING THE TERM OF THESE TERMS. THE CONTENTS OF HAVENONE APPLICATION DO NOT CONSTITUTE LEGAL ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING OR REFRAINING FROM MAKING, ANY DECISION. YOU ACKNOWLEDGE THAT THE APPLICATION MAY NOT FUNCTION PROPERLY IF YOU DISCONNECT FROM THE INTERNET OR NETWORK, AND IT IS SOLELY YOUR RESPONSIBILITY TO ACQUIRE AND MAINTAIN THE APPROPRIATE INTERNET SERVICES AND EQUIPMENT IN ORDER TO USE THE APPLICATION. WE SHALL NOT BE LIABLE FOR ANY VULNERABILITIES, DAMAGES, OR ERRORS YOU EXPERIENCE AS A RESULT OF (A) YOUR MISUSE OF THE APPLICATION, (B) DISCONNECTION FROM THE APPLICATION, OR (C) YOUR ACCESS TO SITES OR MATERIALS THAT THE APPLICATION HAD BLOCKED, EVEN IF THAT ACCESS IS OBTAINED THROUGH OUR “WHITELISTING” THE APPLICABLE SITE UPON YOUR REQUEST. YOU ACKNOWLEDGE THAT YOUR ACCESS TO BLOCKED SITES OR MATERIAL, WHETHER THROUGH OUR WHITELISTING OR THROUGH YOUR INDEPENDENT CIRCUMVENTION OF THE APPLICATION, IS AT YOUR SOLE RISK AND LIABILITY.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THE APPLICATION, YOUR USE OF THE APPLICATION, THE CONTENT, OR YOUR USE OF THE APPLICATION OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY CLAIM YOU BRING AGAINST US MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION AROSE OR SHOULD HAVE BEEN DISCOVERED.

10. RISK ALLOCATION

10.1 Basis of the Bargain. The disclaimers and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and us. We would not be able to provide the Application as it is without such limitations.

10.2 Qualification. The terms and conditions of these Terms apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the disclaimer of warranties in Section 8 above or the limitation of liability provisions described in Section 9 above, so those limitations may not apply to you. These Terms give you specific legal rights, and you may also have different or additional legal rights, depending on the applicable law in your jurisdiction.

11. MISCELLANEOUS

11.1 Government; Export. If the Application is provided to the U.S. government, it is provided only with restricted and limited rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. § 2.101. Accordingly, if you are the US government or any employee or contractor therefor, you shall receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US government licensees and their contractors. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.

11.2 Governing Law; Jurisdiction. These Terms and any dispute or controversy arising out of or relating to it shall in all respects be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflicts of laws principles. You consent to the jurisdiction and venue of the federal and state courts in Iredell County, North Carolina for resolution of any disputes arising out of these Terms. The Uniform Computer Information Transactions Act does not apply to these Terms.

11.3 Notice. Any notice you are required or permitted to give us under these Terms will be effective if sent by FedEx to the following address: (i) in the case of Corvid Cyberdefense, 153 Langtree Campus Drive, Mooresville, NC 28117, Attn: Legal Department, Email: cyber@corvidtec.com.

11.4 Assignment. You shall not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without our prior written consent, which we may give or withhold in our sole discretion. Any purported assignment, delegation or transfer in violation of this section is void. We may freely assign or otherwise transfer all or any of our rights, or delegate or otherwise transfer all or any of our obligations or performance, under these Terms without your consent. These Terms are binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

11.5 Audit Rights. We shall have the right to monitor and audit your use of the Application and compliance with these Terms from time to time in our sole discretion. You agree to permit us to have access to your account for the purpose of conducting such audits.

11.6 Force Majeure. We shall not be liable for any problems, delays or failure to perform any obligations due to causes beyond our control, including without limitation, acts of God or public enemy, fire, floods, storms, epidemic or quarantine restrictions, earthquakes, riots or civil commotion, strikes, war, and restraints of government. freight or other embargoes, weather conditions or any failures by our licensors, subcontractors or suppliers.

11.7 General. These Terms constitute the entire agreement between you and us relating to the Application, and it supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may modify these Terms at any time by sending a copy of the modified Terms to the e-mail address you used to register for an account, or by posting an updated version of these Terms in connection with you signing in to the Application. Any other modification of these Terms requires a writing signed by both parties. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. No waiver by us of any breach of any term or provision of these Terms shall be construed to be a waiver of any preceding or succeeding breach of the same or any other term or provision hereof.

12. OUR CONTACT DETAILS

If you have questions about the Application or want to obtain customer support, please email our Support Address: havenonesupport@corvidcd.com