The legal terms and conditions that govern the use of the Evidence Wipe software and services, outlining your rights, responsibilities, and the guidelines for using our products securely and responsibly.
Last updated: January 1, 2025
Welcome to Evidence Wipe. These Terms of Service ("Terms," "Agreement," or "TOS") constitute a legally binding agreement between you ("User," "you," or "your") and NE1 Media LTD ("Company," "we," "us," or "our"), the owner and operator of the Evidence Wipe software application ("Software"). By downloading, installing, accessing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not download, install, access, or use the Software.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Software after those revisions become effective, you agree to be bound by the revised Terms.
Subject to your compliance with these Terms and payment of applicable license fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Software on devices that you own or control, solely for your personal or internal business purposes in accordance with these Terms and any accompanying documentation.
Except as expressly permitted in these Terms or by applicable law, you may not:
The free version of the Software provides limited functionality as described on our website. Use of the free version is subject to these Terms.
We offer various paid license options, including but not limited to individual licenses, household licenses, and business licenses. The specific rights, limitations, and duration of your license depend on the license type purchased.
The Software may periodically verify your license. During verification, the Software may send non-personally identifiable information about your license and device to validate your license status. By using the Software, you consent to this verification process.
Your use of the Software is subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our data handling practices.
The Software operates primarily on your local device, scanning for and deleting data specified by you. We do not access, collect, or store the content of files processed by the Software except as explicitly stated in our Privacy Policy.
While we implement reasonable security measures, the security of information transmitted through the internet or stored on electronic systems cannot be guaranteed. You acknowledge this limitation and use the Software at your own risk.
The Software, including its structure, organization, code, user interface, design, and all content included therein (excluding User Content), is owned or licensed by the Company and is protected by copyright, trademark, trade secret, and other intellectual property laws. These Terms do not grant you any rights to use the Company's trademarks, service marks, logos, domain names, or other distinctive brand features.
If you provide any feedback, suggestions, or ideas regarding the Software ("Feedback"), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit such Feedback in any manner without any attribution or compensation to you.
The prices for our Software licenses are listed on our website or within the Software and are subject to change without notice. All purchases are subject to availability. Payment must be made using the methods specified in the Software or on our website. All payments are processed through third-party payment processors, and we do not store your full payment information.
If you purchase a subscription license, your subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date. By purchasing a subscription, you authorize us to charge your payment method for the subscription price at the beginning of each renewal period.
Refunds are only available as required by applicable law or as specifically stated in our refund policy. All refund requests will be evaluated on a case-by-case basis. We reserve the right to deny refund requests that do not comply with our refund policy.
These Terms will remain in effect until terminated by you or the Company as described herein.
You may terminate these Terms at any time by uninstalling the Software from all devices and ceasing all use of the Software. Termination by you does not entitle you to a refund of any fees paid.
The Company may terminate these Terms and your access to all or part of the Software at any time, with or without cause, with or without notice, effective immediately. Grounds for termination may include, but are not limited to:
Upon termination:
The Company warrants that the Software will perform substantially in accordance with the applicable documentation provided by the Company for a period of ninety (90) days from the date of purchase. This limited warranty is void if the failure of the Software results from accident, abuse, misapplication, abnormal use, or a virus or worm.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY MAKES NO WARRANTY REGARDING THE EFFECTIVENESS OF THE SOFTWARE IN PROTECTING YOUR PRIVACY OR SECURITY, AND YOU UNDERSTAND THAT THE USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SOFTWARE; (III) ANY CONTENT OBTAINED FROM THE SOFTWARE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN ANY CASE, THE COMPANY'S AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE LICENSE, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Software.
These Terms and your use of the Software shall be governed by and construed in accordance with the laws of England & Wales, United Kingdom, without giving effect to any choice or conflict of law provision or rule.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Software shall be resolved through binding arbitration in accordance with the Consumer Arbitration Rules of Consumer Dispute Resolution Limited (CDRL). The arbitration shall be conducted in English, and the arbitral award shall be final and binding upon the parties.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the dispute resolution procedure in Section 10.2 is deemed unenforceable, any claim must be brought in a court of competent jurisdiction in England & Wales, United Kingdom, and you consent to the exclusive jurisdiction of such courts.
You agree to comply with all applicable laws and regulations in connection with your use of the Software. You acknowledge that the Software may be subject to international export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs maintained by the U.S. Department of Treasury's Office of Foreign Assets Control. You shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.
The Software may include or incorporate third-party software components or materials ("Third-Party Components") that are subject to their own license terms and conditions. Nothing in these Terms shall restrict, limit, or otherwise affect any rights or obligations you may have, or conditions to which you may be subject, under such third-party licenses.
By using the Software, you consent to receive communications from us electronically, including emails, in-software messages, and notices posted on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. The Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
These Terms, together with the Privacy Policy and any other legal notices or agreements published by the Company in connection with the Software, constitute the entire agreement between you and the Company regarding the Software and supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and the Company, whether written or verbal, regarding the subject matter of these Terms.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Neither party shall be liable for any failure or delay in performance under these Terms for causes beyond that party's reasonable control, including, but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility.
If you have any questions about these Terms, please contact us at:
support@evidencewipe.com