Terms of Use
Effective as of November 18, 2024
1. General Information Regarding These Terms of Use
Thanks for your interest in Cyd and the company that makes it, Lockdown Systems LLC (“Lockdown Systems”, “we,” “us,” and “our”)! Cyd is software that allows you to control your own data on third-party tech platforms. Everything that Cyd does you could do yourself with nothing more than a web browser.
These Terms of Use (“Terms”) apply to your use of the websites and apps (“Services), including Cyd, that Lockdown Systems operates.
2. Your Agreement to the Terms
BY ACCESSING OR USING ANY OF THE SERVICES (INCLUDING THE CYD APP), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.
3. Changes to the Terms
From time to time, Lockdown Systems may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant websites and/or notify subscribers of our newsletter. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
4. User Acknowledged Conditions
The Services work by requesting, modifying or deleting data on third-party tech platforms. Third-party tech platforms (“Platforms”) are defined as any website, program, offering or service not owned by us that you may use our Services to interact with. This includes social networks, messengers, productivity tools, utilities, data brokers and any other service you may access from the Services, including any affiliates or partners of such Platforms.
By using the Services, you acknowledge that you have read and understand all applicable Platforms’ own terms of service. To the greatest extent possible, we expressly disclaim any liability with respect to any potential violation by you of such terms of service arising from your use of the Services. You agree to review any Platform’s terms of service that may bind or apply to you and to not engage in any activity violating such terms of service when using the Services in any manner whatsoever.
You also understand, agree to and acknowledge the following:
- The Services are provided with no guarantees and no service level agreements and therefore should not be used to access any data that you or your business cannot tolerate being permanently or temporarily deleted.
- The Services may allow you to save a copy of your data locally to your device. This feature is provided as is and with no guarantees or warranties that it will be complete.
- Your use of the Services may result in the deletion of more of your data than intended.
- Your use of the Services may not delete all data that you intended to delete.
- Our Services might report that we have completed an action even though that action was not completed, for example a report of a completed deletion of data when the data was not actually deleted.
- Applicable Platforms, or their affiliates or partners, may still maintain copies of data that you intended to delete using the Services.
- We do not maintain any online backups whatsoever of data that you process using the Services.
- Your use of the Services may delete data belonging to third parties, whether affiliated (such as “friends”) or unaffiliated (such as “followers”).
- Your use of the Services may affect or alter functionality of any Platform, websites, applications or software.
- Your use of the Services may permanently or temporarily delete data that you process using the Services.
- To the fullest extent possible under applicable law, we expressly disclaim any liability, and you hereby accept all liability, arising from any of these conditions set forth herein and your use of the Services in any manner not expressly permitted by these Terms of Use.
5. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LOCKDOWN SYSTEMS OFFERS THE SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LOCKDOWN SYSTEMS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY LOCKDOWN SYSTEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE APPLICATIONS AND/OR SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOCKDOWN SYSTEMS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AND AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF LOCKDOWN SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT A COMPANY PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LOCKDOWN SYSTEMS IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7. Indemnification
To the extent authorized by law, you agree to indemnify and hold harmless Lockdown Systems, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use or inability to use the Services, (c) or your violation of any law or the rights of a third-party.
8. Privacy Policy
Lockdown Systems is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Terms of Use. Please review the Privacy Policy so you are aware of how we collect and use your personal information.
9. Termination
By Lockdown Systems: Lockdown Systems may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Lockdown Systems at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Automatic upon breach: Your right to access and use the Services automatically terminates upon your breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations will survive for one year after termination.
10. Software License Agreement
Some of our Services allow you to download software. So long as you comply with these Terms, we grant you a worldwide, non-exclusive, personal, and non-assignable license to download, install, and run that software.
If you have a premium plan for use with our software, you may not share this plan with other people. You are allowed to delete data from as many of your accounts as you’d like with our software, but you may not use your premium plan to delete data from accounts belonging to other people.
You may not modify, create derivative works based upon, sell, lease, or sublicense any of our software. You are welcome to reverse engineer or decompile our software though, because that should always be allowed.
Although we are granting you this license, we retain any intellectual property rights we have in our software and services.
11. Miscellaneous Terms
Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between Lockdown Systems and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and you hereby consent to the personal jurisdiction and venue of such court.
- If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding its choice of law rules).
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Lockdown Systems because of the Terms or from your use of any of the Services.
Integration: These Terms constitute the entire agreement between you and Lockdown Systems relating to this subject matter and supersede all prior communications and/or agreements between you and Lockdown Systems relating to access and use of the Services.