This End User License Agreement (EULA) is a binding Legal Agreement between Beyond Encryption Limited, (company number 08814096) of 1 Gloster Court, Whittle Avenue, Fareham, Hampshire, PO15 5SH ("We" or "Us") and you, whether you are an individual user or business entity represented by as either an authorised officer for, or authorised user within, the business.
Our VAT number is 280809881.
The EULA terms apply to all products and services provided to you by Beyond Encryption in whatever manner you might to choose to use them (“The Services”).
In using The Services, you are agreeing to be bound by the Terms of this EULA. If you do not agree to the Terms of this EULA, you are not permitted to use The Services. If you are an authorised user of a business entity that has purchased the Services, you agree to the terms of this EULA on behalf of your business entity, but the following paragraph applies to you personally.
Prior to entering into a Paid Contract, we offer all our users a free trial of The Services. During the Trial, Clauses 4,5,6,7,10,11,13,15 16, 17 and 21 apply. In your trial period we will send you advisory information to optimise usage of our solution and all its features. The length of the trial period will be stated in the registration page for The Services.
2. The Services.
This agreement covers the following services, “The Services” provided by Beyond Encryption which may be subscribed to by the user and include, but are not limited to:
3. Adapters and Technology.
In order to send secure communication using Mailock or Unipass Mailock you need:
The Services will be subject to minimum compatible mobile or computer device specifications and browser or operating system requirements. These requirements, together with information on increased accessibility for The Services through email Add-in and Applications can be found at www.beyondencryption.com. This also includes details of using The Services via a web browser.
You acknowledge and agree that you, as the sender, control the release of your email to the recipient. You acknowledge that The Services have not been developed to meet your individual requirements and it is therefore your responsibility to ensure that the functions available meet your requirements and security levels.
The user accepts that this is a non-exclusive, non-transferable license for The Services.
The Services may not be resold without the express prior written agreement from Beyond Encryption.
5. Intellectual Property.
You acknowledge that all worldwide intellectual rights in The Services belong to Us and are licensed to you (not sold) and that you have no rights in, or to, the Technology other than the right to use such technology in accordance with the Terms and Conditions of usage as outlined in this EULA.
6. Customer Obligations.
The user agrees that they, either as, or on behalf of, the contracting party:
You agree that:
You may not:
We anticipate the average system user will utilise 25 SMS messages per month under normal operation and we reserve the right to suspend usage of this aspect of the service should it be deemed by us that such usage is excessive.
7. Personal Information and Privacy.
You understand and agree that Beyond Encryption may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce the terms of this EULA, or protect the rights, property or safety of Beyond Encryption, its users, or the public.
By submitting your personal information to Us you are confirming that all the details provided by you are up to date and accurate at that time.
If your personal information changes at any time you should promptly update your individual account information by logging in to the website and updating your account details. We will not be responsible or liable for inaccurate data where you have failed to update changes in your personal information.
You are responsible for maintaining the confidentiality and suitability of the password you use to log into your account. We are not liable for any damage or loss that arises from your failure to protect such password and/or account information.
Users of Unipass Mailock will be given the option to sign in with their Unipass Identity. An automatic check to see if the recipient holds a Unipass Identity will occur during the sending of all secure email messages. This information will be revealed to the sender of the message so that the appropriate level of challenge can be applied to the email. This ensures the correct and secure handling of the message.
8. Providing The Services.
Beyond Encryption will provide you with The Services until the contract is cancelled or ended, as per the terms of this Agreement.
If you purchase The Services from Us directly or via an Introducer Affiliate, We will provide support and services with all reasonable care and skill. If you have purchased The Services from a Reseller, then your agreement with the Reseller determine the process of raising concerns regarding service levels or functionality.
We will always make every effort to provide you with The Services and access to our website at all times, however at times there may be delays due to matters beyond our reasonable control.
Services Purchased Direct from Beyond Encryption
Services Purchased Direct from a Reseller
10. Warrantees and Disclaimer.
We take all reasonable efforts to ensure that our services, our infrastructure and our technology are completely secure. We do not guarantee, represent or warrant that they are and you, as the user, must take responsibility for how you use the technology and services.
We do not warrant or give any assurance that The Services or our means of delivery are compatible with your computer configuration or email provider. It is your responsibility to evaluate and ensure that The Services are the correct solution for your individual circumstances and requirements.
You acknowledge and agree that:
11. Data Management.
Each party shall comply with its respective obligations under the provisions of the Data Protection Legislation (“GDPR”), the Data Protection Act 2018 and any related or successor data protection legislation (“Data Protection Legislation”).
We do not expect to have access to or process any personal data that you encrypt using The Services which will, in most cases, be accessible as personal data only by you and the intended recipients of your encrypted emails. To the extent that We process data in connection with the provision of The Services, it is accepted by both parties, on entering this agreement, that you are acting as Data Controller and We are acting as Data Processor on your behalf. References in this section to “data processor”, “data controller” and “personal data” shall have the meanings given to them in GDPR.
To the extent that We act as your data processor, We shall:
It is your responsibility to notify Us immediately if you receive any complaint, notice or communication which is related directly or indirectly to the processing of personal data under this agreement and provide Us with full operation in relation to any such complaint, notice or communication.
If you have purchased The Services as part of a discounted rate through either a Network or Introducer Affiliate, We may share your usage data of The Services upon request by the Network or Introducer Affiliate with any data shared, meeting the requirements as outlined under GDPR.
12. Storage and Message Availability.
Messages and associated attachments that are managed and processed by The Services are encrypted and stored as a binary large object (BLOB) in a storage location as selected by the sender, hereafter referred to as the “Store”.
The default storage location will be provisioned by Beyond Encryption, within a Microsoft Azure environment, which will apply for Free and Paid for account types.
The user may select their own alternative store from the list of options available within the system.
The length of time messages and attachments remain accessible is outlined in the following table:
|Account Type||Message Location||Sent Message Longevity
(days from date of send)
|Received Message Longevity|
|Personal Basic||BE Azure BLOB||14||Subject to sender control|
|Business Premium||BE Azure BLOB||365||Subject to sender control|
|Sender selected Store||Controlled by sender||Subject to sender control|
By accepting the terms of this license agreement, you acknowledge that you are responsible for selecting an appropriate Store and that you make arrangements to save your unencrypted email messages in an alternative location using the functionality provided.
A menu of Store location options and guidance regarding their usage is available on the Beyond Encryption website www.beyondencryption.com and may be subject to change. Alternative “nonstandard” storage integrations may be accommodated but will be subject to investigation, specification and integration. Any such work will be scaled and undertaken on a Time and Materials basis.
The use of The Beyond Encryption Services platform will be subject to Microsoft Azure Terms and Conditions which may be found at azure.microsoft.com. and may be subject to change.
13. Limitation of Liability.
We have no responsibility to pay you compensation for any data or information that is lost, corrupted, intercepted, forwarded and/or read by the recipient or a third party.
We do not in any way exclude or limit our liability for:
Subject to these areas the extent to which We are liable to you is limited as follows:
We shall not in any way be liable to you for:
Neither party in this agreement will be liable to the other for any indirect, special or consequential loss or damage.
14. Third Party Providers.
You acknowledge that Beyond Encryption may enable you to correspond with and purchase The Services from third parties via third party websites, and you do so entirely at your own risk. Beyond Encryption does not filter or moderate your communications but simply apply an additional level of security to your existing email facility.
We do not endorse or approve any third-party website and are not responsible for any contract or transaction between you and any third party using Beyond Encryption services.
15. Term and Termination.
Term of agreement for direct customers.
If you purchased The Services, either Mailock or Unipass Mailock, directly from Beyond Encryption, following completion of the initial free trial period, then unless agreed in writing, and subject to earlier termination under section 15, your agreement with us, shall be for a minimum initial period of 3 months commencing on the day you ended your trial and started The Paid Services (the “Initial Term”). Upon expiry of the Initial Term, this agreement shall automatically continue, unless and until terminated by either party giving not less than 90-days’ prior written notice to the other, such notice period not to expire before end of the Initial Term.
Upon termination you may downgrade your account or end your subscription to The Services altogether. Any change of account type will be subject to the terms applicable to the new account type as defined in Section 12 Storage and Message Availability.
Term of agreement for customers via a Reseller.
If you purchased The Services from a Reseller, then this agreement shall commence on the date on which you first install The Services and accept these terms and shall terminate automatically on the date on which your agreement with the Reseller for the provision of The Services ends.
Statutory right of cancellation for consumers.
If you are a consumer, you may cancel your agreement with us for the provision of The Services at any time within the agreed Trial period (see clause 16) after placing an order by registering for The Services (“Cancellation Period”). This means that during the Cancellation Period if you change your mind or decide for any other reason that you do not want to receive The Services or keep your account, you can notify Us of your decision to cancel the Contract.
If you have expressly requested that We provide The Services at the end of the Trial but you change your mind during the Cancellation Period you must pay the fee for any period that The Services were made available to you during the Cancellation period.
To meet the cancellation deadline and cancel your agreement with Us within the Cancellation Period, it is sufficient for you to notify Us of your intention to cancel the contract:
Early Termination (non-statutory)
You may terminate this agreement with immediate effect, by written notice to Us if:
In these circumstances We will refund to you the proportion of any fees that you have paid in advance of your agreed termination date.
We may terminate this agreement with immediate effect by written notice to you if:
If you have received The Services as a result of a Third-Party relationship The Service terms may be reviewed at the end of the initial contract term in the event of a material change.
16. Trial Terms and Conditions.
Prior to entering into a Paid Contract, your licence agreement starts with a “free” period of usage which is considered the Trial period. We grant you a personal, non-transferable, non-exclusive free Licence (the “Trial Licence”) to use the Services during this period, solely for the purpose of evaluating The Services, as you reasonably require, to assess the potential suitability for use within your business.
On expiry of the Trial period if you do not contact us, your account will move to a paid Business Premium Account with payment due from the trial end date. During the Trial period you can cancel your subscription by exercising your statutory cancellation rights as outlined in Clause 15. If you decide to end your Business Premium Account, you may either choose a Personal Basic Account with reduced functionality or to cancel your account. Details of each account/licence type can be found at our website www.beyondencryption.com.
If the Trial Licence expires or terminates without you having entered into a paid Licence agreement with us, you acknowledge by agreeing to this Licence agreement, that all data and messages that you have entered during the Trial period will be deleted from The Services and will no longer be accessible to either you as the sender or by the recipient of the emails and will need to be stored using appropriate storage facilities as described in clause 12.
17. Force Majeure.
Sometimes We may not be able to do what We have agreed in this EULA because of something beyond our reasonable control, which may include lock outs, industrial action by third parties, civil commotion, riot, terrorist attack, fire, explosion, other natural disaster, compliance with any law or government instruction or other competent authority or failure of public or private telecommunications networks. This is not an exhaustive list but for any of these examples or others within the same category We do not accept responsibility for not providing The Services.
If such an event does occur and lasts longer than 30 days, termination of the contract could occur from either party without notice.
Any notice or communication in connection with this EULA must be in writing and delivered by any of the following:
Any notice or communication shall be deemed to have been received:
19. Waiver and Severance.
If any aspect of this EULA is invalid, illegal or unenforceable the parties shall negotiate in good faith to resolve any issues so that any changes made are legal, valid and enforceable and achieves the intended commercial result of the original provision.
This Agreement, together with our Acceptable Use Policy and any other contractual arrangements connected with the provision of The Services, constitute an agreement between you and Us. Such agreement supersedes and replaces all previous arrangements, promises, assurances, warranties, representations and understandings between Us whether written or oral in relation to the subject matter of this agreement.
We may transfer our rights and obligations under this contract to another organisation, but this will not affect your rights or our obligations under this agreement. We will always notify you in writing or posting on our website if this happens. You may only transfer your rights and your obligations under this agreement to another person if We agree in writing.
This agreement is between you and Beyond Encryption. No other person shall have any rights to enforce any of its terms. Each of the paragraphs of this agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If We fail to insist that you perform any of your obligations under this license agreement or if We do not enforce our rights against you or if We delay in doing so that will not mean that We have waived our rights against you.
We reserve the right to amend this EULA from time to time to reflect changes in law or changes in the way We run our business. We will give you reasonable advance notice of any such change by email before it takes effect. If the changes to this EULA notified to you are unacceptable to you, you can choose to terminate this agreement in accordance with clause 15. You should check this EULA before signing up for and/or purchasing our Services as they may have changed since your last visit.
Each party undertake that it shall not at anytime disclose, to any person any confidential information provided to it by the other party (including information relating to the business affairs, customers, clients or suppliers of the other party) or use it for any purpose besides the purposes of this agreement unless required by law or any government or regulatory authority or for each party to perform its obligations under this agreement.
This shall not prevent a party from disclosing information to its employees with a need to know such information in connection with the agreement or to its professional advisers who are themselves subject to an obligation of confidentiality.
22. Governing Law and Jurisdiction.
If you are a consumer, this agreement and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction.
However, if you are a resident of another jurisdiction in the EU, you may bring proceedings in the jurisdiction of your residence.
If you use The Services other than as a consumer, then to the extent that you do so this agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales; and We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement, or its subject matter or formation (including non-contractual disputes or claims).
V2.4. This Policy was last updated January 2020.