Disckreet is designed to help keep your intimate files private. It protects you from hackers and your partner doing something unethical. However, our experience in internet security tells us that there is no such thing as a foolproof or impenetrable system, it is usually just a matter of time, money, and effort before every security system is broken. In addition to this there are some elements out of Disckreet’s control, such as your partner taking an educated guess at your passcode or even filming the screen while you both use Disckreet in shared mode.
Because of these reasons, in good conscience, we cannot guarantee that your files in Disckreet will not be compromised and so we do not guarantee it.
Disckreet is all about privacy and being discreet. In short:
- We do not know who you are
- We can’t see your files (no one but you and your partner can)
- If you chose to contact us for support or any other reason, any information we may learn as a result will be treated in the strictest confidence and never passed on or sold
When you use Disckreet
We don’t collect any personal information from you or about you. We simply don’t know who you are. Most importantly we have no access to your Disckreet photos and videos, (even if we did, which we don’t, but even if we did, we couldn’t view them because they are securely encrypted) – Nobody but you and your partner are going to see those files! If you use Disckreet in shared mode between two phones, we use a server to help connect the two phones. This is done in a completely anonymous way, and there is no way that we can use this to figure out your identity (not that we would want to). In order to increase the security of Disckreet, our server does provide us anonymous reports of usage patterns in aggregate. For example, it will tell us the total number of people using Disckreet. This information is totally anonymous, cannot be linked back to you, and is used solely for monitoring security and improving the performance of the app. Disckreet will also let us know if something goes wrong and the app crashes, by sending us a crash report. Crash reports are anonymous and allow us to make sure the app is as secure and reliable as possible. In summary, at no time will we ever know who you are, or be able to see your files from Disckreet.
When you contact us
When you view our web page
Antovate Pty. Ltd. (“Antovate”, “Disckreet” “our,” “we,” or “us”) provides messaging, photo, video and other services to users around the world under the brand “Disckreet”. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). If you do not agree to these Terms, do not access our service.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND ANTOVATE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
About our Services
You must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
Fees and Taxes
You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
Acceptable use of our services
Our Terms and Policies
You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use
You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Antovate, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm to Disckreet or Our Users
You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure
You are responsible for keeping your device and your Disckreet account safe and secure.
Our service includes tool(s) that enable the creation of text, audio, video or photographic content (the “Original Content”). You retain all ownership rights to the Original Content and the Content that you had to begin with. You accept that Antovate is not responsible for the storage, or reproducibility of the Original Content, and understand that the Content or Original Content may become lost or in-accessible due to events outside of your control. At times the Content may need to be sent to another device. You accept that this will occur under circumstances and to a device that is either implicitly or explicitly approved by you. You accept that the Content may need to be stored on Antovate servers temporarily in order to facilitate this transfer. Antovate will take all reasonable measures to ensure the safe transit of the Content.
You acknowledge that any Content shared with you by your partner remains the property of your partner and that they have the right and capability to remove your ability to see that Content at any time as well as to remove that Content form your device.
Antovate grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Any software that we provide may automatically download, install updates, upgrades or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you are unsure what those charges may be, you should ask your service provider before using the Services.
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “ANTOVATE PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
Limitation of liability
THE ANTOVATE PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE ANTOVATE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100USD) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE ANTOVATE PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Antovate Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
Governing law and venue
These Terms are governed by the laws of Australia. And all disputes are to be settled in the applicable courts found in Victoria, Australia.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.