Harp Password Terms of Use



The Harp Password Terms of Use were last modified on March 31, 2020.

By accessing or using the Service as defined herein, you acknowledge that you have read and agree to be bound by these Terms of Use. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to these Terms of Use on your behalf. The Service is owned and controlled by Fplot Corporation. These Terms of Use govern your use of the Service and affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

Fplot may, at its sole discretion, revise these Terms of Use at any time.  Any updates will be reflected here.  By using the Service after any update to these Terms of Use, you acknowledge that you have read and agree to be bound by these Terms of Use, as modified.


Who We Are

Harp Password’s mission is to provide its users with the peace of mind of secure access to all their online accounts. Harp Password securely stores login credentials for its users so that they can use varying, highly secure usernames and passwords for the websites that they access without worrying about forgetting which login credentials apply to which websites or writing down login credentials, leaving them unsecured. Harp Password will also generate a random, high strength password for any website and store that password ensuring its users’ secure access the next time that they want to log on. The Harp Password website, applications (including mobile applications), and associated content and services are collectively referred to throughout these Terms of Use as the “Service.”



Who May Use the Service

Users must meet the criteria listed in this section in order to be eligible to use the Service.  Failure to comply with any of the requirements of this section may result in termination of your access to the Service, in whole or in part, at Fplot’s sole discretion.

a. You must be at least thirteen (13) years old to use the Service.

b. If you are under the age of eighteen (18), you may use the Service only with the knowledge and consent of a parent or guardian.

c. You represent that you have the legal right and capacity to agree to these Terms of Use under applicable law.

d. You represent that all information you provide upon registration and at all other times will be true, accurate, current, and complete and you agree to update your information as necessary to maintain its truth and accuracy.  You are responsible for keeping your Harp Password login credentials secret and secure. If you lose your Harp Password login credentials, we will not be able to recover them for you because of our highly secure encryption processes, so please keep this information in a safe place.

e. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, we prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself.

f. The information and content provided using the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Fplot to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Harp Password provides.

Any violation of this section or any other provision of these Terms of Use may, in Fplot's sole discretion, result in termination of your access to the Service, in whole or in part.



Properly Using the Service

In seeking to keep the Service running smoothly and consistently, subject to the threat of viruses, worms, and other online threats, we require Users to use the Service in a responsible manner.

a. You are solely responsible for any information you submit to the Service.  You are responsible for all activity that occurs through your access to the Service and you agree you will not sell, transfer, license or assign your account or any account rights.  You agree to indemnify and hold Fplot and its affiliates, related entities, officers, directors, employees, agents, representatives, partners, and licensees harmless from and against any and all claims that may arise from any activity that occurs through your access to the Service.

b. You agree that no other individual or entity shall access the Service using your account. You agree that you will be responsible for any and all activities, charges, claims, liabilities, losses, damages, costs, and expenses that arise from any unauthorized access of the Service using your account.  You agree that you will notify us immediately (using the contact information provided in these Terms of Use) upon becoming aware or suspicious of any unauthorized use of the Service through your account.

c. You are solely responsible for all data and other network charges you incur through your use of the Service.

d. You agree to comply with all laws applicable to your use of the Service and with all rules and regulations adopted by Fplot governing use of the Service. You are responsible for reading and complying with all rules, regulations, warnings, notices, and instructions that we notify you of concerning the Service.  You warrant that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use.

 

What You May Not Do

We comply with all applicable laws, rules, and regulations. Accordingly, you are required to comply with these Terms of Use and may not use the Service to engage in the activities listed below.

a. You may not solicit, collect, or use the login credentials or any other personal information or data of other Users of the Service, unless otherwise expressly permitted by Fplot.

b. You may not change, modify, adapt, or alter the Service in any manner, unless otherwise expressly permitted by Fplot.  Nor may you affect any other website in such a way so as to falsely indicate or imply any association with the Service or with Fplot or the Harp Password tradename.

c. You may not transfer, rent, lease, grant a security interest in, or otherwise encumber in any way any portion of the Service or of your right to access or use the Service.

d. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations applicable to your use of the Service, as defined by these Terms of Use.

Any violation of this section or any other provision of these Terms of Use may, in Fplot’s sole discretion, result in termination of your access to the Service, in whole or in part. 



General Conditions

License. Your use of the Service is predicated upon Fplot’s granting you a non-exclusive, non-assignable, limited license to use the Service in accordance with these Terms of Use, which license Fplot may modify or terminate at any time, for any reason, without notice, and at Fplot’s sole discretion.  Upon termination of this license, your right to use the Service and all other licenses and rights granted to you in these Terms of Use are terminated.  Fplot reserves the right to refuse access to the Service for any person who fails to comply with any provision of these Terms of Use or for any other reason, at its sole discretion. 

Disclaimer of Warranties and Limitation of Liability. Fplot MAKES NO WARRANTIES OR GUARANTIES AS TO THE AVAILABILITY OR RELIABILITY OF THE SERVICE. Fplot MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. Fplot HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL Fplot OR ITS AFFILIATES, RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, ANY DELAY OR INABILITY TO USE THE SERVICE, OR THE FAILURE TO PROVIDE SUPPORT FOR OR RESOLVE ANY SUPPORT ISSUES RELATING TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Fplot HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Modification or Termination of Service.  Fplot reserves the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and at Fplot’s sole discretion. You can delete your Harp Password account at any time. If we terminate your access to the Service or you delete your account, all login credentials you have provided or that Harp Password generated for you will be removed from the Service. Fplot will not be liable for any modification, suspension, or discontinuation of the Service.

Territorial Restrictions.  Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported, or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Data Security.  We use best efforts to maintain the security of information that users submit through the Service, as outlined in the Harp Password Privacy Policy.  However, attacks on network security are ever evolving, and Fplot cannot 100% guarantee the security of your information and will not be liable for any data breach. You acknowledge that your information may not be 100% secure and you agree not to institute legal proceedings against Fplot for any data breach.

Changes to Terms.  We may modify these Terms of Use at any time, without limitation. We will notify Users of any such changes through the Service.  Unless otherwise specified in the notice, any changes to these Terms of Use shall be effective upon notification to the Users.  Your use of the Service after the effective date of the changes constitutes your acknowledgment and agreement to the Terms of Use, as modified.

Our Access.  You hereby grant Fplot and its assigns a non-exclusive, unrestricted, perpetual, royalty-free license to use any and all information you submit to the Service, subject to the terms of the Harp Password Privacy Policy. You acknowledge and agree that all information you submit to the Service is accessible by Fplot at all times and may be modified or removed by Fplot to conform to any legal or Service requirement, although Fplot is under no obligation to do so except as required by law and shall not be liable to you or to any other person for doing so or for failing to do so.

Interactions with Third Party Applications.  The Service and/or communications you receive from the Service may provide you with access to third-party web sites or applications and the features thereof. The Service may also include third-party content that we do not control, maintain, or endorse. Certain functionality on the Service may also permit interactions between the Service and a third-party web site or application, including features that connect the Service with a third-party web site or application. For example, the Service may include features that enable you to navigate to a third-party web site or application for which you have stored login credentials and automatically enter the stored login credentials to access the third-party web site or application. Fplot does not control any third-party services or any of their content. You expressly acknowledge and agree that Fplot is in no way responsible or liable for any third-party services or features. Your communications and interactions with third parties and their services, whether found or accessed through the Service or not, are solely between you and the third party.

Intellectual Property. All content displayed using the Service, including without limitation, all images, text, articles, programs, photographs, illustrations, and graphics, are owned by Fplot and are protected by U.S., foreign, and international copyright laws.  Any commercial use of these materials is strictly prohibited without the express written permission of Fplot, and nothing in these Terms of Use or elsewhere on the Service should be construed as granting, by implication, estoppel, or otherwise, such permission.

All trademarks, service marks, trade names, and logos displayed via the Service, including without limitation the Harp Password name and logo, all page headers, custom graphics, button icons, and scripts, (collectively referred to as the “Marks”) are proprietary and are protected by U.S., foreign, and international trademark laws.  Any use of the Marks is strictly prohibited without the express written permission of Fplot and may result in liability for trademark infringement.  Nothing in these Terms of Use or elsewhere on the Service should be construed as granting, by implication, estoppel, or otherwise, permission to use the Marks.

All software and applications available through use of the Service are the property of Fplot and its affiliates and my not be reverse engineered, modified, or otherwise affected in any way without Fplot’s express written permission. 

User Submissions.  We prefer not to receive unsolicited content, information, ideas, suggestions, or other materials from Users other than those specifically requested and to which certain specific terms, conditions, and requirements may apply. This safeguard helps to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. If you choose to send us content, information, ideas, suggestions, or other materials despite this policy, you agree that Fplot is free to use any such content, information, ideas, suggestions, or other materials for any purposes whatsoever, including without limitation developing and marketing products and services, without any liability or payment of any kind to you.

Maintenance.  You acknowledge and accept that the Service may not be available or accessible during scheduled downtimes for maintenance and during other Service interruptions.  Fplot shall not be liable for any damage or loss incurred during such downtimes and interruptions.

Support.  We strive to provide technical support for difficulties you may have accessing the Service.  Our technical support will not include support for any aspect of your computer hardware or software, configurations, means of gaining access to the Internet, ability to browse the Internet, or ability to access any facet or portion of the Service.  Fplot shall not be liable for any damage or loss resulting from its ability or inability to provide technical support or from resolving or failing to resolve any user difficulties accessing the Service.

Disclaimer of Warranties and Exclusion of Liability.  Fplot does not guarantee the reliability of the Service.   Fplot’s disclaimer of warranties and exclusion of liability set forth in this section shall apply to any claims relating to access to the Service or its features.  By using the Service, you expressly acknowledge these Terms of Use and the disclaimers provided herein, including without limitation the Disclaimer of Warranties and Limitation of Liability set forth above. 

Indemnity. You agree to indemnify, defend, and hold harmless Fplot and its affiliates, related entities, officers, directors, employees, agents, representatives, partners, and licensees from and against any and all claims, suits, proceedings, liabilities, losses, damages, costs, and expenses whatsoever, including reasonable outside attorney fees and disbursements, court costs, or arbitration costs, arising out of your breach or violation of these Terms of Use. Your obligations to indemnify Fplot shall survive termination of your access to the Service.

No Special Relationship.  Nothing in these Terms of Use or your access to and use of the Service shall be construed so as to create a fiduciary, confidential, or other type of special relationship.  Likewise, nothing in these Terms of Use or your access to and use of the Service shall be construed so as to create a joint venture, partnership, agency, or employment relationship.

Governing Law.  The enforcement and interpretation of these Terms of Use shall be governed by the laws of the State of New York of the United States, and any dispute arising from the use of the Services shall be prosecuted in the State or Federal courts of the State of New York in the United States, to the extent allowable by law.

Severability.  If a court determines any portion of these Terms of Use unlawful or unenforceable, that portion shall be severed and the remaining provisions shall be enforceable to the extent permitted by law.

Headings. The headings contained in these Terms of Use are for convenience of reference only and shall not affect the construction of any provision of this Agreement.

Privacy Policy.  Fplot is committed to maintaining the privacy of all information you submit through the Service.  Please review the Harp Password Privacy Policy for further information on how we protect your information.

Contact.  If you have any questions regarding these Terms of Use or wish to notify us of any violation or other concern, please contact us at support@harppassword.com.