Please read these software terms and conditions carefully before using the app or website from MyCena (‘the company’/’we’/ ‘us’). By using the company’s app or website, you (‘the user ’) agree to be bound by the terms herein. If you do not agree to the terms of this license, do not use the App or website. These terms are to be accepted online and thereafter constitute a binding contract.
1.1 “Company / We / Us / Our” means MyCena Limited, a limited liability company incorporated under the laws of England and Wales with company number 10253949 and address at International House 24 Holborn Viaduct EC1A 2BN London United Kingdom.
1.2 “User” (plural “Users”) / "You"/ “Your” means or refers to the person who will use the Website or the Application(s) (“App”) on their mobile phone or tablet (“Devices”).
1.5 “Purpose” means utilizing the Website or App to manage Users or passwords.
2.1 MyCena is a decentralized password security solution that allows individual Users to generate strong unique passwords and save them under three levels of security on their mobile device without the use of a master password. The MyCena mobile App uses several security features that Users need to create and use on their mobile device. These include fingerprint, pin, voice password, face scan, lock pattern and voice passphrase.
2.2 Passwords generated are saved locally, and not on the Cloud. Passwords are encrypted locally utilizing AES-SHA256 encryption. To access a password, the User has to go through one, two or three security levels, depending on the level they saved the password in.
2.3 Users are liable for keeping their devices safe and preventing unauthorized access. MyCena shall not be liable for any password access by an unauthorized person under any circumstance.
2.4 Since passwords are stored encrypted locally on the User’s device, no one else can see their passwords. The User is regularly reminded to either back up their passwords or synchronize their passwords on multiple devices.
2.5 MyCena has two versions: Business Fortress and Personal Fortress. MyCena Business Fortress subscribers also have access to an online dashboard where they can manage their subscription plan and their Users.
2.6 The App uses our patent-pending Method of Access for Structured Stored Data ( MASS Data).
2.7 Under any and all circumstances, Users accept and agree that by using the Website and App, the Company cannot be held responsible or liable for any loss of User account, data (including, as applicable, shared data received from others), login credentials, passwords, connection, backups, backup data, or any other confidential or private information belonging to Users, whether through wilful misuse or unintentional misuse or negligence, either by the User or by the Company or by any other third-party.
3.1 These terms and conditions are for Users who register to use our Website or App, being both MyCena Personal Fortress Users and MyCena Business Fortress Users, using either version in Clause 4 below. Users can be from any geographical location specified in the Advertiser’s services.
4.1 MyCena Personal Fortress applies where a User, being a natural individual person, visits the App Store or Google Play and downloads the MyCena Personal Fortress App.
4.2 MyCena Business Fortress applies to legal persons or entities (typically companies and organisations) with more than one User, where an entity’s authorized official creates a valid business account on Our official Website and uploads the names, emails and phone numbers of each of their Users. Consequently, each staff member receives an email to download the App and instructions on using MyCena Business Fortress. In this version, a registered manager designated by the entity will be able to access information such as which individuals within that entity have activated their App, and can set the frequency of password backups and generate reports on the strength of passwords created by the Users registered under their account. Both the registered manager and individual Users will receive email reminders for routine password backups, while the registered manager will receive weekly summary emails about the statistics for their account.
4.3 To register more than 999 employees on their subscription, the manager will need to contact firstname.lastname@example.org for sales assistance.
5.1 The Company provides a free 30-day trial for new subscribers, after which Users can choose between an Annual Plan and a Monthly Plan. Pricing and benefits for businesses can be found here. Pricing and benefits for individuals can be found here. Please note that these prices and benefits may change from time to time. Users will be notified of any updates during the term of their subscription.
5.2 During the 30-day free trial period, Users can terminate their account with Us at any time. At the end of the free period, Users will be required to choose a subscription plan.
5.3 Should a User terminate their account after the 30-day free trial period, any previously generated and saved passwords will be available in view-only mode in Bronze level. No other functionality can be accessed without a paid subscription.
6.1 Users will need to have their own mobile device(s) in order to use our App. Our App is available for download on both Google Playstore and the App Store where any device with enabled functionalities can access and use it. The App comes with easy installation and User guidelines.
6.2 MyCena is especially designed for generating and storing passwords. However, since any data saved on your MyCena App is private by design, Users may use it to store any information at their own discretion. Users are required to exercise the same level of security in safeguarding the information they store on the App and assume full and sole liability for any access thereof.
7.1 The Company may amend these Terms from time to time and will endeavour to notify the User of such changes via email. If You continue to use the Company’s software, your use will be governed by the updated Terms.
7.2 The Company may also decide to cease providing all or part of the App at any time, and nothing in these Terms is to be taken as a guarantee that the App will always be available, either in its current form or an updated version.
8.1 MyCena Personal Fortress Users must be 18 years or older in order to access and use the App while MyCena Business Fortress Users must be fully registered with the relevant authorities at any time during the Term of this Agreement. You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in the event of any changes in order to ensure that it remains true, accurate, current and complete at all times.
9.1 The User agrees that the Company owns all of the intellectual property rights, title and interest existing in the Website and App, including all content and materials inherent therein (the “Intellectual Property”). Under the Terms of this license, the Company grants the User a non-exclusive, non-transferrable, and time-limited right to use the Website and App, interfaces, content, documentation and any data, whether in read-only memory, on any other media or in any other form.
9.2 The User undertakes not to challenge or do anything inconsistent with the Company’s ownership of the Intellectual Property. The User will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices in or accompanying the Website or App. Your account is licensed to you solely for the Purpose intended, and, except for Your own data and credentials, You have no property interest in Your account with Us.
9.3 The Company owns all data regarding installation, registration, and the use and performance of the Website, App and Our services in relation thereto, including usage statistics and activity logs, (collectively, “Usage Information”). Usage Information does not include any personally identifiable information.
9.4 By using the Website and/or the App, the User grants the Company a royalty-free, fully-paid, sublicensable, transferable, irrevocable, perpetual, worldwide right to process and use Your information and/or data solely as required to provide Our services to You. We own all anonymized information about the use of our services, Website and App. Other than this right, the Company claims no intellectual property rights in relation to the information or contents the User inputs into the Website or App.
9.5 The User may provide the Company with feedback, alternative options, comments or suggestions on the Website or App, and the User agrees that the Company will be free to use, modify and incorporate such suggestions without any obligation to the User.
9.6 The Company retains ownership of the Website and App and reserves all rights not expressly granted to the User.
9.7 The User is not permitted to assign, sub-license, novate or transfer these Terms or any of the rights licensed to them. No agency, partnership, joint venture, or employment is created as a result of these Terms. The User does not have any authority of any kind to bind the Company in any respect whatsoever.
10.1 The Company, in its sole discretion, has a right to suspend and refuse any and all current or future use of the Website or App to any User at any time. The Company may terminate this Agreement (subscription?) at any time and for any reason or without notice for material breach.
10.2 The User acknowledges and grants that, once terminated, the Company may permanently delete the User’s account and all the data associated with it without recourse.
11.1 Users will get technical support in the event of any problem with the Website or App from the Company within 48 hours of sending a request ticket or email, or as soon as practicable. The support may be provided either by phone, email or remote management.
12.1 Subject to the terms herein, all rights conferred by these Terms are granted to using the Website or App to manage Users or passwords. No part of the Website or App may be used for other purposes including but not limited to research, study, competitor analysis or any other activity prohibited by this agreement.
13.1 The Website and the App contain generic settings. These can be customised by Users in accordance with their own specific needs and preferences. It is the User’s responsibility to update all necessary “Settings” before using the Website or App.
14.1 The Website and App are provided on an "as is" and "as available" basis. While the Company will endeavour to promptly address any technical hitches encountered while using the Website or App, use of the Website or App is ultimately always at the sole risk of the User, under any and all circumstances.
14.2 The company does not warrant that: (a) the Website or App will meet the User’s specific requirements; (b) the quality of the Website or App will meet all the User’s expectations; (c) the Website or App will always be accurate or reliable; (d) the Website or App will be uninterrupted, timely, secure, or error-free; (e) any errors in or on the Website or App will be corrected.
14.3 The Company may subcontract or sell, merge or restructure its business, without having to obtain the User’s consent. The Company may withdraw, add to or amend, any or all parts of its service provision and obligations under these Terms, without having to obtain the User’s consent.
15.1 For the convenience of Users and to enhance User experience of the Website and App, the Company has integrated and makes available to Users selected third-party tools such as the third-party payment service ‘Stripe’.
15.2 In the event that the User wants to use these third-party tools, they accept that they do so entirely of their own volition and risk, and that they will have to subscribe themselves for those services directly from the relevant third-party service providers.
15.3 Before using any such third-party service, We recommend Users review the terms and policies of any third-party service accessed through the Website and App.
15.4 These Terms do not apply to any third-party websites, services and applications that You may access through the Website or App. The Company does not assume or hold any responsibility or liability for the content, practices, pricing, tool-performance or any disputes related to any the third-party services or tools.
16.1 In any and all circumstances and regardless of the reason for any claim, MyCena's maximum liability to any third party or customer, for all claims, including for costs associated with the performance of any correction services, or any other cost, will be limited to direct costs and damages only, and then only in an amount up to and not exceeding the price actually paid to MyCena for the respective MyCena Products that are the subject of the claim of the third party or customer.
To the maximum extent permitted by law, in no event will the Company be liable for any consequential, exemplary, punitive, incidental, indirect or special damages or costs, howsoever arising, and regardless of the theory of liability on which they are asserted, and even if the Company has been advised of the possibility of such damages or costs, including but not limited to legal costs, attorneys’ fees, damages for misuse or loss of data, damages for loss of profits, business, goodwill, use, or any other intangible and tangible losses. Such losses may result from:
(a) the use or the inability to use the Website or App (in whole or in part) or any technical malfunctions;
(b) data breaches, including unauthorized access to, or alteration or theft of, Your communications or data;
(c) the cost of implementation, training and maintenance of the MyCena Products;
(d) the cost of procurement of substitute goods and services;
(e) conduct or actions of any third party regarding the Website or App; or
(f) any other matter relating to the Website or App.
17.1 The Company shall be responsible for compliance with the Data Protection Act and GDPR Regulations 2018 in relation to the processing of any personal data collected and held by the Company.
17.2 We will only use such personal data for administration, management, operations including payment, records, performance of the contract, complying with legal requirements and for the purpose of other legitimate interests during the Term of the Agreement.
17.3 We will undertake that data is processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing, unlawful access by or sharing with unauthorized persons and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
17.4 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the company shall in relation to personal data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR. For avoidance of doubt, the Website and App utilise end-to-end data encryption.
17.5 We will notify You without undue delay upon becoming aware of a personal data breach affecting personal data held for the purpose of this agreement, providing You with sufficient information to allow any User to meet any obligations to report or inform data subjects of the personal data breach under the data protection laws. Each party shall co-operate with the other and take such reasonable commercial steps as are directed by the other to assist in the investigation, mitigation and remediation of each such personal data breach.
17.6 Each party to this Agreement shall provide reasonable assistance to the other with any data protection impact assessments, and prior consultations with supervising authorities or other competent data privacy authorities, which the party reasonably considers to be required of the other party by Article 35 or 36 of the GDPR or equivalent provisions of any other data protection law, in each case solely in relation to processing of personal data by, and taking into account the nature of the processing and information available to, any contracted processors.
17.7 The User’s account may only be used by the User. Sharing an account with other people is not permitted. The User is solely responsible for maintaining the security of their account and authentification credentials such as fingerprint, face ID, PIN, lock pattern and voice passphrase, and login and password .
18.1 The User must not:
(a) use the Website or App in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms;
(b) infringe on the intellectual property rights of the Company or those of any third party in relation to their use of the Website or App;
(c) use the Website or App in a way that could damage, disable, overburden, impair or compromise the Company’s systems or security or interfere with other Users;
(d) collect any information or data from the Website or App;
(e) disclose or distribute information relating to another User of the software to any third party, or use any other User's information for any marketing purposes unless they have obtained that User's express permission to do so; or
(f) access or register User logins via any automated methods.
19.1 The User has the due right and power to enter into this Agreement. Entering into this Agreement will not cause the breach of any other agreement that the User has with any third party and that all of the registration information provided to the Company is accurate in all respects.
19.2 By assenting to this Agreement the User represents and warrants that they have the full right, power and authority to access and use the Website or App and, to the extent applicable and necessary, that they have obtained all necessary corporate or other authorisations or consents to access and use the Website or App. Thus, if You are a natural individual person (e.g. an employee or a consultant or advisor) acting on behalf of an organisation, You represent and warrant that You have obtained all necessary authorisations or consents (i.e. you must be an authorised representative) to accept these Terms on behalf of such organisation so that, in addition to Yourself, such organisation is also bound by these Terms and Conditions.
20.1 The Company will not be liable for any failure or delay in performing its obligations under these Terms or with respect to its Website, App or services caused by natural disaster, government mandate, civil disobedience, or other factors beyond the Company’s reasonable control.
22.1 If any part of these Terms and Conditions is found to be invalid by a court of Law, tribunal or another forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the other parts of these Terms and Conditions. An amendment of these Terms and Conditions shall be deemed to have been undertaken by any modification or severing of part or parts of the Terms and Conditions as necessary to render them valid, legal and enforceable while preserving their sole purpose. Or, if this is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the intent of the given Term or Condition.
21.1 These Terms shall be governed by the Laws of England and Wales and all Users submit to the exclusive jurisdiction of the English courts for any matter or dispute arising in relation to these Terms.
21.2 By agreeing to the Terms and Conditions herein, any Corporate User warrants that they are not and will not be deemed a ‘consumer’ as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.