Terms & conditions
Terms & Conditions
Updated: March 31, 2023
The NiftySats website, Web Services, Consumer Engagement Software, Blockchain Services, and Mobile Device Barcode Scanner are hereinafter referred to together as the “Product” or “Products”. The words “NiftySats”, “We (or we)”, “Our (or our)” or “Us (or us)” refer to NiftySats through its parent company, Package Portal Inc, developers of the NiftySats Ecosystem and Products.
The following terms, when capitalized, will have the meanings designated in this Definitions section:
Access: An event in which a Registered User signs into the Product.
API: An application programming interface implemented to enable Registered Users to interact with the Products from their own servers or software programs.
Confidential Information: Any and all information disclosed by either party in the Agreement to the other, that is marked “confidential” or “proprietary”; including verbally conveyed information designated “confidential” or “proprietary” at the time any such disclosure is provided.
Mobile Device Barcode Scanner: The mobile application developed by Us, used to capture & collect shipping label data and transmit that data to our servers, third party servers, & or a distributed ledger(s).
Survey(s): Queries, questionnaires, trivia, riddles, and other engagement prompts.
Package(s): Parcels, deliveries, or shipments of any form, shape, size, or material, that is delivered to a Registered User’s location.
Registered User: The person who of their own accord, or on the behalf of an organization or other entity, Accesses the Product with a username and password, authorizing a digital signature and confirming their physical address.
Registered User Data: Data stored on our servers, third party servers, or a distributed ledger(s), provided by and stored on behalf of Registered Users.
You: A Registered User
TERMS & CONDITIONS OF USE
1.1 Access: Subject to the terms and conditions of this Agreement and payment of all Service Fees, if applicable, We will provide you, a Registered User, with Access to the Web Services and your Authorized Users with Access to the Barcode Scanner Mobile Application.
1.2 Scheduled Available Time: We will take commercially reasonable efforts to make the Products available twenty-four (24) hours per day, seven (7) days a week, excluding:
1.2.a Scheduled downtime for systems maintenance, including without limitation diagnostics, upgrades and operations reconfiguration.
1.2.b Unscheduled downtime caused by forces beyond Our immediate control; such as server or hardware failures, or downtime caused by network connectivity issues
1.3 Terms and Conditions of Use: The Products are provided subject to the Terms and Conditions of Use herein and as they may be amended by Us at any time. When updating the Agreement version on Our Website, or otherwise providing notice, We may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Products at our sole discretion. Except as otherwise provided herein, all such changes become effective upon the publishing of the revised Agreement on the NiftySats Website.
1.4Eligibility: The Products are not available to individuals under the age of 16. The Products are available only to persons who are authorized to receive Packages for themselves, or on behalf of their family, their place of business, or their employer.
2.1 NiftySats Products: Subject to the terms of this Agreement, we hereby grant to Registered Users a revocable, nonexclusive, worldwide, royalty free, limited license to the Products. We reserve all rights and licenses to the Products not expressly granted to you under this Agreement.
2.2 License Restrictions: Unless otherwise provided for in this Agreement, you may not, nor permit any third party to: (a) copy the Products; (b) modify, translate or otherwise create derivative works of the Products; or (c) disassemble, decompile or reverse engineer the source code of the Products. Such action by a proven Registered User will result in swift legal action.
2.3 Registered User Data: You hereby grant to us a revocable, nonexclusive, worldwide, royalty free, limited license to the Registered User’s Data solely as necessary to perform the services for you as described by this Agreement. To that end, We may copy, modify, execute and backup such data as necessary to perform its duties under this Agreement. We will treat such data as Confidential Information except as required by law.
3. Intellectual Property
3.1 NiftySats Intellectual Property: We exclusively own or have obtained licenses, or are in the process of obtaining such licenses, for all intellectual property rights, title and interest in any ideas, concepts, know-how, documentation or techniques We provide under this Agreement, including all technology available in the Products.
4. Authorized Users
4.1 General Authorization: You acknowledge and agree that you will abide by the terms and conditions of this Agreement, where applicable, and that Registered User Data may be received, stored or transmitted through the Products, including device ID, name, and location.
4.2 Business Authorization: If you are using the Products in the capacity as an employee, official, or agent, you must already be authorized by your employer to make purchases and deploy software services. By registering and subsequently using the Products, You assert yourself to be authorized to offer these services at your place of business.
This Agreement may be terminated as follows:
5.1 Termination by You: You may terminate this Agreement at any time by logging in to the PackagePortal app and terminating your account. There are no refunds for any rewards earned. You are responsible for terminating your account. We are NOT responsible for any rewards lost as a result of you terminating your account, or any failure to responsibly secure your login credentials.
5.2 Termination by Us: We may terminate this Agreement, &/or disable your account, at any time with or without cause, and with or without notice.
5.3 Registered Users Data: We may delete your Registered User Data within 30 days after the date of termination. If your account is classified (at our sole discretion) as inactive for over 120 days, we have the right to permanently delete such data stored on our servers. We will use good faith efforts to contact you via the email on record prior to taking any permanent removal actions.
6. Limitation of Liability
6.1 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NIFTYSATS, PACKAGE PORTAL INC OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “PACKAGEPORTAL”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF PACKAGEPORTAL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, NIFTYSATS AND PACKAGEPORTAL IS FOUND LIABLE TO ANY USER OF THE PRODUCTS FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) NIFTYSATS AND PACKAGEPORTAL SHALL NOT BE HELD RESPONSIBLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY IN THOSE JURISDICTIONS.
7.1 Mutual Warranty: Each party warrants to each other that it has the right and authority to enter into, and to grant the rights and perform the obligations described in this Agreement.
7.2 Disclaimer: We specifically do not warrant that the Products will meet all of your requirements, that the use of the Products will be uninterrupted or error-free, that patches or workarounds will be provided, or that errors will be corrected in Product updates. We disclaim any and all liability resulting from or related to any breach of Internet security or disruption of Registered User’s connections to the Web Services or API.
7.3 Exclusive Warranty: THE ABOVE WARRANTY IS EXCLUSIVE. WE MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE RELATING TO THE TERMS OF THE PRODUCTS, OR ANY MATERIALS OR PRODUCTS FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT.
7.4 As-Is Basis: THE PRODUCTS ARE PROVIDED TO YOU UNDER THIS AGREEMENT ON AN “AS-IS” BASIS. WE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. Information Security
8.1 We will employ, and shall require any third party contractors to employ security measures that include the implementation of reasonable and appropriate administrative, technical and physical safeguards to protect Registered User Data in our possession or control against unauthorized access or loss.
8.2 We agree that we have not, and will not introduce into the Services, spyware, viruses, worms, root-kits, adware, keystroke loggers, dialers, time bombs or time locks, or malware. We shall use up-to-date anti-virus software designed to prevent the introduction of any material which allows or causes the installation, transferring or in any way facilitating the installation or transfer of any malware.
8.3 We shall implement reasonable restrictions regarding physical and electronic access to information and our systems, including, but not limited to, physical access controls, secure user authentication protocols, secure access control methods, firewall protection, malware protections, and use of encryption for information being transmitted across the public internet or distributed ledger, and as otherwise required by Privacy Laws and Regulations.
8.4 We shall maintain a reasonable and appropriate written data security policy that includes technological, physical, administrative and procedural controls to protect the confidentiality, integrity and availability of information and our systems that encompasses access, retention and transport of information and that provides for disciplinary action in the event of its violation.
8.5 We shall prevent terminated employees from accessing information and our systems by immediately terminating their physical and electronic access to such information.
8.6 We shall employ assessment, monitoring and auditing procedures to ensure internal compliance with these safeguards.
9. Restricted Persons, Export of Services
9.1 Restrictions: You warrant you and all Registered Users are not a ‘Restricted Person’. For purposes of this Agreement, a Restricted Person is any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products for (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) a designate on a Denied Persons List or Entity List by the U.S. Commerce Department; (4) designates engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) an entity owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify Us within twenty-four (24) hours, and We shall have the right to terminate any further obligations, effective immediately and with no further liability, but without prejudice to your outstanding obligations to Us.
9.2 You agree to not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
10.2 Choice of Law: This Agreement will be governed by and construed in accordance with the laws of the State of Wyoming, in accordance with Federal Law.
10.3 Arbitration and Equitable Relief: The parties agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, will be settled by expedited arbitration to be held in the Courts of Wyoming in accordance with the rules of the American Arbitration Association then in effect. The arbitrator, who will be agreed to by the parties, may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Each Party will each pay one- half of the costs and expenses of such arbitration, and each of the parties will separately pay its counsel fees and expenses. The prevailing party as determined by the arbitrator will be entitled to costs and fees associated with the action.
10.4 Independent Entities: The parties are independent entities. Neither party will be deemed to be an employee, agent, partner nor legal representative of the other for any purpose, and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other, solely as a result of this Agreement.
10.5 Severability: Any provision of this Agreement that is held to be unenforceable in any jurisdiction will be ineffective only as to that jurisdiction, and only to the extent of it is not enforceable of such provision without invalidating the remaining provisions hereof.
10.6 Complete Understanding: This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and verbal agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
10.7 Survival. The respective rights and obligations under all sections of this Agreement that by their nature should survive termination will survive termination including, without limitation, ownership, warranty disclaimers and limitations of liability.
1. Distributed Ledger Integration
This application may utilize one or more distributed ledgers, also known as “public networks” or “blockchains”. Regarding decentralized protocols, please note:• Information stored on a blockchain is public and permanent.• Owning, storing, trading, or selling digital assets on a blockchain remain the responsibility of the digital asset owner.• Losing a private key, or access to your digital assets cannot be reversed.• Package Portal Inc is not responsible for storing exterior private keys, or any private key not maintained by Us, or offered in Our Products.`,