Thank you for subscribing to MyCena Pro
We hope that you will enjoy all of the great features of our unique website, proprietary mobile application and the services that we provide in conjunction with it.
Please read all of these User Terms and Conditions (“Terms”) carefully before using our services (the “Services”), including websites, mobile applications, SMS, APIs, email notifications operated by MyCena Limited (“MyCena”, “us”, “we”, or “our”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing in or on the Services (“Content”).
These Terms form a legally binding contract between you and us. Your access to and use of the Services is conditioned on your acceptance of and compliance with the most recent version of these Terms. These Terms apply to all visitors, users and others who access or use the Services (singular “User”, or plural “Users”).
1. BASIC CONDITIONS OF USE
By using our Services, you agree that you are solely responsible for:
– all costs and expenses you may incur in relation to your use of the Website and/or MyCena Pro App; and
– keeping your passwords and other account details confidential.
If you choose to access the Website or MyCena Pro from locations outside the UK, you are responsible for compliance with local laws where they are applicable. We may prevent or suspend your access to the Website and/or MyCena Pro if you do not comply with any part of our Terms or any applicable law.
As a condition of your use of the Website and MyCena Pro, you agree:
– not to use the Website/MyCena Pro for any purpose that is unlawful under any applicable law or prohibited by these Terms;
– not to use the Website/MyCena Pro to commit any act of fraud;
– not to use the Website/MyCena Pro to upload, post, email, distribute or otherwise transmit any software viruses, trojan horses, worms, malware or other similar harmful software code, files, programs or material;
– not to use the Website/MyCena Pro for purposes of promoting unsolicited advertising or sending spam;
– not to use the Website/MyCena Pro to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (“phishing”);
– not to use the Website/MyCena Pro in any manner that disrupts the operation of the Website/MyCena App or business or the website or business of any other entity;
– not to upload, post, email or transmit otherwise any material that is illegal, pornographic, abusive or obscene;
– not to promote any unlawful activity;
– not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
– not to use the Website/MyCena Pro to gain unauthorised access to or use of computers, data, systems, accounts or networks;
– not to attempt to circumvent password or User authentication methods;
– not to “reverse engineer”, change, modify, hack, translate, copy, distribute, pledge, assign, transfer, make derivative works, exploit, encumber or crack any portion of the software behind the Website and the MyCena Pro (the “Software”);
– not to upload, post, email or transmit otherwise any material that violates the privacy or intellectual property rights of others; and
– to comply with the provisions relating to our intellectual property rights in the Website, MyCena Pro and the Software.
Unless you are an authorized reseller of the MyCena Pro, you may not display, copy, reproduce, license or distribute the MyCena Pro, any component thereof, any documentation provided in connection with the MyCena Pro, or any content, including but not limited to newsletters distributed to you by us in connection with the MyCena Pro.
At our sole discretion, we may remove content and block User access to any content that we determine to be illegal, threatening, pornographic, abusive, obscene or in violation of another party’s intellectual property.
Access to our Services is permitted to registered Users only and we reserve the right to withdraw or amend the Services without notice. You are responsible for making all arrangements necessary to access the MyCena Pro.
All Users agree that by using the Services, we shall not be held liable whatsoever for any losses or damages suffered by said Users from their use of the Services, including but not limited to any loss of data, inability to access data, any system downtime, any delay in or shortfall in customer service and support, any malfunction in the Software and/or Website, any delay in retrieving information or accuracy thereof.
2- ACCOUNT REGISTRATION
We restrict access to the Services and the download of the MyCena Pro on mobile devices to registered Users only.
After downloading and/or opening the mobile app, Users will be asked to enter their name, email and mobile phone. This information then allows us to send you emails and notifications related to the Services.
You will then be asked to provide your unique security keys which are either your Touch ID or your PIN (depending on your phone), your lock pattern, your voice key (unique passphrase) and face key (your face). Those keys (your “Personal Keys”) will allow you to set up and pass through your 3 levels of security within MyCena Pro.
You agree to provide truthful and accurate account information when you register and to update your account information as necessary thereafter to keep it accurate.
3- ABOUT MyCena PRO APP
MyCena Pro is a mobile application for iOS and Android that runs on tablets and mobile devices users to store and retrieve passwords safely.
MyCena Pro is a password security application that generates, encrypts and saves passwords under three levels of security locally on a user’s device. The three levels of security comprises a combination of Fingerprint, Pin, Voice Password, Face Scan and Lock Pattern.
A business account can be created from the website https://staging.mycena.co/business/
Upon validation of the account and subscription plan, the administrator uploads the emails of company users to be included in the plan. Each user will then receive an email notification with instructions to download MyCena Pro application and register their own account from their app as follows
The application allows users to self-register as follows:
1. User registers details (first and last name, email address and mobile number), then validates their email and mobile number, and creates two security questions
2. Thereafter creates three security keys (Fingerprint/PIN, Lock Pattern, Voice Passphrase), to secure passwords in Three Security levels.
3. When logged in, the user is required to authenticate with FingerPrint or Pin to access the bronze level passwords. To access silver passwords, the user needs to draw their lock pattern. To access gold level the user needs to say voice password. These three tiers (bronze, silver and gold) allow separation of passwords dependent on their sensitivity i.e. gold level passwords might be for their banking accounts
The user can change their account settings once they have been set-up however in order to do so, they are required to answer their pre-set security questions, then verify a code sent by SMS.
We offer a synchronisation service which allows you to keep a copy of your data encrypted in the Cloud. We recommend our Users to use this service only to then make a copy of their information onto a second device. We then recommend Users to erase the data encrypted in the Cloud. This recommendation is to ensure you do not keep your passwords alongside other people’s data in a Cloud environment making it more susceptible to hacking, as the aggregation of information in a single location makes it a potentially attractive target for hackers. We prefer to ask our Users to keep their “electronic keys” in their own possession, just as you would with your own house keys or car keys, rather than trusting them into some unknown other’s possession.
As a user, you may also back up their passwords onto an encrypted file that you can send to another device. The files are encrypted and can be reopened on a new device with the same email account. You will then need to verify the email address, answer security questions, and provide an SMS authentication.
Users are responsible for all the information they keep, store, open, retrieve and view at all times. Remember that MyCena never sees what you type and store. As a consequence, MyCena cannot help you to retrieve your information if you lose your phone. That is why we strongly recommend that you keep an updated copy of your information on at least a second device.
MyCena Pro gives each business entity 30 day free trial. After 30 days, for business users to continue using the app, a subscription needs to be paid (see pricing). Subscriptions can be cancelled at any time during those 30 days. If the subscription in not cancelled, all passwords previously typed will be kept in Bronze level, in read-only mode. No new password can be generated or stored.
We use Stripe to process all payments and subscriptions. Therefore we do not hold any payment information.
4- ADHERANCE TO OUR TERMS & CONDITIONS
MyCena Pro and Services may only be used for lawful purposes. Accordingly, you agree not to misuse them. Users must ensure MyCena Pro and Services are not used, either directly or indirectly, for any illegal purpose, or used in any way contrary to our Terms.
5- SECURITY OF DATA
Users agree to ensure the security of their data and the protection of their own privacy. Users must have security measures in place to prevent any unauthorised or unlawful access, disclosure, loss, destruction or damage to information held. It is each User’s responsibility to ensure their information is backed up. We do not offer any guarantee to the accessibility of User data at any time.
6- TAXES AND COSTS
It is each User’s responsibility to ensure all fees, taxes and charges incurred in connection with their subscription to the MyCena Pro are paid in line with their country’s requirements at the rates in effect when the charges were incurred. This includes:
– Taxes and charges;
– All bank charges including all foreign exchange charges; and
– Any other costs as deemed appropriate by us.
We reserve the right to cancel registration or refuse access to the Website. We shall not be liable for any loss or damages whatsoever arising from a User’s inability to access any pages or features on the Website. We further reserve the right to ban a User’s IP address if thatUser abuses our Website.
MyCena Pro, in its sole discretion, may immediately disable your access to the Software without a refund or recourse if it believes you have violated any of the policies listed in these Terms.
We retain the right to prosecute and seek damages, both direct and indirect to the fullest extent permitted under law, arising from any User found to be misusing the Services, using the Services in contravention of these Terms, or using the Services in breach of any applicable national or international law.
You must provide current and accurate information upon registration to the Services.
The app is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the app is not available to individuals under the age of 18. By using the app, you represent that you are over the age of 18. If you do not qualify, you are not permitted to use the app. If you are using MyCena in your capacity as an employee under an administered program, you must have authorization to use the Software by your administrator.
By agreeing to our terms and using the Website/MyCena Pro you acknowledge that any breach of these terms will result in any account involved being suspended automatically.
Users can terminate their account at any time by deleting MyCena Pro from all their devices and sending an email to firstname.lastname@example.org. Upon termination, Users will no longer be able to use their password package(s).
We reserve the right to suspend or terminate a User’s account, with immediate effect, in the event of any misuse, breach or violation of these Terms, or if we determine there are sufficient grounds for a breach of confidence in that User. This may include any unlawful or inappropriate use or actions where we believe there is a credible risk of harm to us, the Services, other Users, or any third parties, or where we discover any abnormalities in the User’s account potentially involving criminal, terrorist, and/or amoral activities.
MyCena Pro advises all Users to back up all their data prior to deleting their account.
10- REPRESENTATIONS AND WARRANTIES
You agree to use the Website, MyCena Pro app and Services at your own risk.
MyCena makes no representations or warranties of any kind, whether express or implied, to you relating to the Website, MyCena Pro app and Services, which are provided to you on an “as is” and “as available” basis. We exclude and disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Website, MyCena Pro app and Services will be uninterrupted or error free nor do we make any warranty as to the results that may be obtained from their use. We do not represent or warrant that the Software will be free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect.
Your sole and exclusive remedy for any failure or non-performance of the Software shall be for us to use commercially reasonable efforts to adjust or repair the Software. We regularly make fixes, enhancements and upgrades to the Software for the benefit of all Users on paid subscription plans.
You will indemnify and hold MyCena, its officers, directors, affiliates, shareholders, agents, licensors and employees harmless with respect to any suits, claims or demands (including reasonable lawyers’ fees) arising out of (i) your breach of these Terms; (ii) any damages caused to MyCena or a third party by you or your use of the Website, the MyCena Pro App and/or the Services; or (iii) your use or misuse of the Website, MyCena Pro app and/or the Services.
12- LIMITATION OF LIABILITY
MyCena Pro is a unique and powerful password storage and protection application. Users can derive tremendous value and security through the use of the MyCena Pro. To gain the fullest benefits from using MyCena Pro, the onus is on Users to actively and routinely update their own individual password information on their own devices. If you are using the MyCena Pro app in your capacity as an employee under an administered program, then the onus is on your employer and/or administrator to ensure the same. MyCena Pro cannot make people enter their password data. MyCena therefore cannot be held responsible nor accept any liability whatsoever for Users failing to enter all of their passwords correctly and with the appropriate level of security (i.e. bronze versus silver versus gold security levels).
To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract or otherwise, shall MyCena, its affiliates, or any of its underlying service providers, business partners, information providers, account providers, licensors, officers, directors, employees, distributors, agents, or suppliers, be liable to you or any other person for any: (a) direct, indirect, special, incidental, cover, reliance, consequential, or punitive damages or otherwise, however caused; (b) theft of personally identifiable information or cost of procuring substitute software or services, (c) damages for loss of profits or business or revenue or anticipated savings, loss of goodwill, loss of personnel salaries, work stoppage, computer failure or malfunction, loss of data, loss of passwords, or negligence of any kind, or for any other non-direct damage or loss; and (d) damages or losses arising directly or indirectly in connection with the use or reliance by any User on materials or information provided on the Website including without limitation, default or any acts of MyCena, its employees, loss of data, inability to access the Internet, inability to transmit or receive information caused by or resulting from delays or interruptions; even if MyCena shall have been informed of the possibility of such damages, or for any claim by any other party.
We shall not be liable for deletion of files, mistakes, omissions, interruptions, errors, defects, delays in operations, transmission or any failure of performance or the inadvertent corruption of data transmitted, received or stored on the Website or MyCena Pro, whether or not limited to theft, acts of God, destruction, communication failure or unauthorized access to our records or the Services. This clause shall apply to all contents and parts of the Service.
Nothing in these Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have. And in the event that, notwithstanding the foregoing paragraphs, MyCena or any of its affiliates or officers or agents is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort [including negligence], software liability or otherwise), our maximum aggregate liability to you is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to you of any pre-paid fees for your subscription covering the remainder of the term, less any damages already paid by MyCena to you.
13- INTELLECTUAL PROPERTY RIGHTS
The Services are administered by MyCena Limited, located at 14 Bedford Square WC1B 3JA London, Company Number 10253949.
All intellectual property (trademark, logo, content, patent, design) contained within the Services are the exclusive property of Lookiimedia (UK) Limited.
The Services are under the pending UK patent application GB1612038.8 with Patent Cooperation Treaty (PCT) extensions filed through the World Intellectual Property Organisation (WIPO) into the USA, Canada and Europe.
By using the Services, Users agree they:
– will not use the intellectual property contained within the Services (name, trademark, logo, content, design, or any other intellectual property materials contained therein) for any other purpose; and
– will not modify or reverse engineer or take any similar action in relation to any propriety software.
15- GOVERNING LAW & JURISDICTION
The validity, construction and performance of this Agreement, and any claim, dispute or matter arising under or in connection with it or its enforceability, will be governed by and construed in accordance with the law of England.
16- GENERAL TERMS
16.1- ENTIRE AGREEMENT
16.2- NO PARTNERSHIP
No agency, partnership, joint venture, or employment is created between you and MyCena as a result of your use of the Services and these Terms. You do not have any authority of any kind to bind MyCena in any respect whatsoever.
We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
No failure or delay by either party in exercising any right under the Terms will constitute a waiver of that right. No waiver under the Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
These Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms is held by a court of competent jurisdiction to be invalid or contrary to any applicable statute or law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms will remain in full effect.
16.7- SURVIVING CLAUSES
The following sections will survive any termination or expiration of these Terms:
– 1. “Basic Conditions of Use”
– 10. “Representations and Warranties”
– 11. “Indemnity”
– 12. “Limitation of Liability”
– 13. “Intellectual Property Rights”
MyCena reserves the right to contact you by email, at the device-level or within the MyCena App to notify you of material events or important changes related to your account.
Notices to MyCena should be sent to email@example.com.
A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services.
16.9- CONTACTING MyCena
Please feel free to contact us if you have any questions about MyCena’s User Terms and Conditions or wish to report any misuse of the App or Services or any issue relating to our Website, the MyCena App, their content or the Services you were provided. You may contact us at firstname.lastname@example.org
17- USER AGREEMENT TO TERMS AND CONDITIONS