Terms of Service

Effective Date: Oct 23, 2023

Thank you for using Topo Lock! We’re happy you’re here. Please read this Terms of Service agreement carefully before accessing or using Topo Lock. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.

Summary

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There’s not going to be a test on it, but it’s still useful information.

1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Topo Lock Privacy Statement, available at https://www.topolock.com/privacy) and procedures that we may publish from time to time on the Website.
2. The “Service” refers to the applications, software, products, and services provided by VonCannon Technology, Inc.
3. The “Website” refers to TopoLock’s website located at https://www.topolock.com, and all content, services, and products provided by Topo Lock at or through the Website. It also refers to VonCannon Technology, Inc.-owned subdomains of *.voncannontech.com and *.topolock.com. Occasionally, websites owned by Topo Lock may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
4. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age.
5. “Topo Lock,” “We,” and “Us” refer to VonCannon Technology, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
6. “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
7. “Beta” mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
8. An “Account” represents your legal relationship with Topo Lock.

B. Account Terms

Short version: A human must create your Account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.

1. Required Information

   You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.

2. Account Requirements

   We have a few simple rules for accounts on Topo Lock’s Service.

   1. You must be a human to create an Account. Accounts registered by “bots” or other automated methods are not permitted.
   2. One person or legal entity may maintain no more than one free Account.
   3. You must be age 13 or older. While we are thrilled to see brilliant young people use our products, we must comply with United States law. Topo Lock does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
   4. Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many Personal Accounts as your subscription allows.

3. Account Security

   You are responsible for keeping your Account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your Account’s security, but the content of your Account and its security are up to you.

   1. You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
   2. You are responsible for maintaining the security of your Account and password. Topo Lock cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
   3. You will promptly notify Topo Lock by contacting us through the Topo Lock Support portal if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

4. Additional Terms

In some situations, third parties’ terms may apply to your use of Topo Lock. For example, you may be a member of an organization on Topo Lock with its own terms or license agreements; you may download an application that integrates with Topo Lock; or you may use Topo Lock to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties’ terms govern their relationships with you.

C. Acceptable Use

Short version: In short, be excellent to each other and act in good faith.

Topo Lock hosts a wide variety of services all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations.

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

1. User Safety:

   We do not allow content or activity on Topo Lock that:

   1. is unlawful or promotes unlawful activities;
   2. is sexually obscene or relates to sexual exploitation or abuse, including of minors;
   3. is libelous, defamatory, or fraudulent;
   4. is discriminatory or abusive toward any individual or group;
   5. is false, inaccurate, or intentionally deceptive information and likely to adversely affect the public interest (including health, safety, election integrity, and civic participation);
   6. harasses or abuses another individual or group, including our employees, officers, and agents, or other users;
   7. threatens or incites violence toward any individual or group, especially on the basis of who they are;
   8. gratuitously depicts or glorifies violence, including violent images; or
   9. is off-topic, or interacts with platform features in a way that significantly or repeatedly disrupts the experience of other users.

2. Spam and Inauthentic Activity:

   We do not allow content or activity that is:

   1. automated excessive bulk activity and coordinated inauthentic activity, such as spamming or cryptocurrency mining;
   2. inauthentic interactions, such as fake accounts and automated inauthentic activity;
   3. phishing or attempted phishing;
   4. using our servers for any form of excessive automated bulk activity, to place undue burden on our servers through automated means, or to relay any form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;

3. Service Usage Limits:

   1. Topo Lock’s bandwidth limitations vary based on the features you use. If we determine your bandwidth usage to be significantly excessive in relation to other users of similar features, we reserve the right to suspend your Account, throttle your file hosting, or otherwise limit your activity until you can reduce your bandwidth consumption. We also reserve the right—after providing advance notice—to delete accounts and / or API keys that we determine to be placing undue strain on our infrastructure.
   2. Abuse or excessively frequent requests to Topo Lock via the API may result in the temporary or permanent suspension of your Account’s access to the API. Topo Lock, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
   3. You may not share API tokens to exceed Topo Lock’s rate limitations.
   4. You may not use the API to download data or Content from Topo Lock for spamming purposes.
   5. You may not use the API to download data for any form of resale unless you have explicit written permission from Topo Lock.
   6. All use of the Topo Lock API is subject to these Terms of Service and the Topo Lock Privacy Statement.
   7. Topo Lock may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Topo Lock’s Service.

D. User-Generated Content

Short version: You own content you create. We will never share or sell your content.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

1. Topo Lock will never sell or share your content.

2. We treat all user content as private and confidential, whether the content is end-to-end encrypted or not. We will only access user content as described in our Privacy Statement- for security purposes, to assist the account holder with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent.

3. End-To-End Encrypted Content (“E2EE”): Topo Lock has no access to E2EE content.

4. Password Recovery: Topo Lock has no way to recover passwords due to zero-knowledge E2EE designs. It is your responsibility to remember your password.

E. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Topo Lock’s Rights to Content

Topo Lock and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Topo Lock, Inc. All rights reserved.

F. Beta Previews

Short version: Beta Previews may not be supported or may change at any time. You may receive confidential information through those programs that must remain confidential while the program is private. We’d love your feedback to make our Beta Previews better.

1. Subject to Change

Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.

2. Confidentiality

As a user of Beta Previews, you may get access to special information that isn’t available to the rest of the world. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret.

Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered Topo Lock’s confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the “Purpose”), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don’t otherwise prohibit or restrict such disclosure (for example, you might be part of a Topo Lock-organized group discussion about a private Beta Preview feature).

Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from Topo Lock. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided Topo Lock has been given reasonable advance written notice to object, unless prohibited by law.

3. Feedback

We’re always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that Topo Lock will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.

G. Payment

Short version: You are responsible for any fees associated with your use of Topo Lock. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Pricing

Our pricing and payment terms are available at TopoLock.com. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Upgrades, Downgrades, and Changes

   • We will immediately bill you when you upgrade from the free plan to any paying plan.
   • If you change from a monthly billing plan to a yearly billing plan, Topo Lock will bill you for a full year at the next monthly billing date.
   • If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
   • You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account.

3. Billing Schedule; Refunds

• Payments that are done through 3rd party payment systems must be refunded thru the same payment system.

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Topo Lock.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Topo Lock any charge incurred in connection with your use of the Service. If you dispute the matter, contact us through the Topo Lock Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

H. Cancellation and Termination

Short version: You may close your Account at any time. If you do, we’ll treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your Account with Topo Lock. You can delete your Account at any time by going into your Settings in the application. The Account screen provides a simple, no questions asked cancellation link.

2. Upon Cancellation

Your entire account and data will be permanently deleted and forgotten. We can not recover deleted accounts and thus it is your responsibility to backup your data first before deleting your account.

3. Topo Lock May Terminate

Topo Lock has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Topo Lock reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

I. Communications with Topo Lock

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to Topo Lock Must Be in Writing

Communications made through email or Topo Lock Support’s messaging system will not constitute legal notice to Topo Lock or any of its officers, employees, agents or representatives in any situation where notice to Topo Lock is required by contract or any law or regulation. Legal notice to Topo Lock must be in writing and served on Topo Lock’s legal agent.

3. No Phone Support

Topo Lock only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

J. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Topo Lock provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Topo Lock does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

K. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

• the use, disclosure, or display of your User-Generated Content;
• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service;
• any other user interactions that you input or receive through your use of the Service; or
• any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

L. Release and Indemnification

Short version: You are responsible for your use of the service.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Topo Lock (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Topo Lock of all liability); and (3) provides to you all reasonable assistance, at your expense.

M. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren’t that important — we don’t want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website. Customer’s continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to these Terms in our Site Policy repository.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

N. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Topo Lock and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.

2. Non-Assignability

Topo Lock may assign or delegate these Terms of Service and/or the Topo Lock Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Topo Lock to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Complete Agreement

These Terms of Service, together with the Topo Lock Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Topo Lock relating to the subject matter of these terms.

6. Questions

Questions about the Terms of Service? Contact us.

VonCannon Technology, Inc. is incorporated in the State of North Carolina in the United States of America.

This Terms of Service is available under a Creative Commons license (CC BY 4.0); attribution to GitHub, Inc; changes have been made to the original content.