We, Second Mind Labs, Inc. (“SecondMind”), provide the following No Hack Guarantee and Reimbursement Policy (“Guarantee”) to You, our Monthly Subscribers, for our web-based or phone-based VoiceProtect Application (“VoiceProtect App”).
Your subscription to, or purchase or use of, any VoiceProtect App and/or services constitutes acceptance of the terms and conditions of this Guarantee. Read it carefully. It contains important information about your legal rights, remedies and obligations. You agree to comply with and be bound by this Guarantee by Your subscription, purchase of use of the VoiceProtect App. If you are unwilling to accept the terms of this Guarantee, you must cancel your subscription immediately. In the event of a conflict between the Policy and VoiceProtect’s Terms of Service, or other agreements between You and Us, the terms of this Guarantee shall control.
“Claim”: A timely report by a Subscriber seeking reimbursement for a Protected Loss.
“Protected Loss”: A Monetary and/or Non-Monetary Loss resulting from an Incident and meeting the criteria in Section 3.
“Incident”: A fraudulent online authentication hack which is a direct result of using VoiceProtect.
“Monetary Loss”: Loss of a monetary or digital asset whose value is known and tied to a government currency, including but not limited to fiat, cryptocurrencies, stocks, and bonds, which shall be valued at the USD exchange rate on date of Incident.
“Non-Monetary Loss”: Loss of a digital asset or data having no specific currency value, including but not limited to electronic or digital documents or files, photos, and videos.
2. Scope of Guarantee
If Your VoiceProtect subscription is paid and active plus the following apply:
we will reimburse you an amount up to a maximum of $10,000 USD per Claim, with a maximum aggregate annual amount of $10,000 USD per Subscriber for all Protected Losses regardless of how many Protected Losses are suffered.
This $10,000 per Claim cap shall apply no matter how much Protected Loss is actually sustained by a Subscriber.
As for Non-Monetary Loss, We will value and pay it in our sole discretion. In doing so, We shall not pay more than $3,000 for Non-Monetary Loss involved in a Protected Loss, and in no event will pay more than the $10,000 per Claim and/or maximum aggregate annual amount.
The Guarantee shall only apply to an Incident where:
3. Exceptions to the Guarantee
This Guarantee shall not apply to any loss or damages arising from the following:
To submit a Claim for reimbursement under this Guarantee, you must report the Claim to email@example.com and provide evidence of an Incident and your Protected Loss. You may only submit a Claim within three (3) months from the Incident date and during the term of your subscription.
As part of the claims process, you will be asked to substantiate and document all Claims in accordance with our instructions within seven (7) days of each Incident that gives rise to a Claim. At a minimum, you will be required to:
If we request further documentation and information to consider the Claim, it must be provided.
When Subscriber has properly and fully submitted a Claim, including all documentation and information, we will determine, in our sole discretion, if Subscriber has suffered a Protected Loss. If we determine that Subscriber has suffered a Protected Loss, we will accept the Claim, make reasonable efforts to notify Subscriber via the email or phone number associated with Subscriber’s account or otherwise of our acceptance of the Claim within forty-eight (48) hours of such acceptance. Within fourteen (14) business days after notifying Subscriber of our acceptance of the Claim, we will reimburse Subscriber an amount equal to such Protected Loss, up to a maximum of $10,000 USD per Claim (inclusive of no more than $3,000 for Non-Monetary Loss), with a maximum of $10,000 USD per year in the aggregate. YOU AGREE THAT THESE ARE THE SOLE AND EXCLUSIVE REMEDIES FOR THE INCIDENT(S) AND PRODUCT(S) THAT ARE THE SUBJECT OF YOUR CLAIM(S).
EXCEPT AS EXPRESSLY SET FORTH HEREIN, SECONDMIND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SECONDMIND BE LIABLE FOR LOST PROFITS, COVER, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT SECONDMIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, IN NO EVENT SHALL SECONDMIND’S LIABILITY TO YOU FOR ANY CLAIM RELATED VOICEPROTECT OR YOUR USE OF VOICEPROTECT EXCEED THE AMOUNT YOU PAID FOR THAT PRODUCT.
We may cease offering this Guarantee at any time and any subscriptions purchased or continued after such termination of this Guarantee shall not be eligible for the Guarantee. You may not transfer or assign this Guarantee or any of your rights under it. Any transfer or assignment in violation of this provision shall be null and void.