By using Sproxil, Inc.'s Mobile Product AuthenticationTM services (the "Services"), you agree to be bound by the following terms and conditions (the "Terms of Service"). If you do not agree to these Terms of Service, please discontinue your use of the Services immediately.
Sproxil, Inc. may revise these Terms of Service at any time without prior notice by updating this page and such revisions will be effective upon posting to this page. Please check this page periodically for any changes. Your continued use of Sproxil's Services following the posting of any revisions to these Terms of Service constitutes your acceptance of such changes.
Sproxil, Inc.'s Services assist users by verifying unique Identification Codes (defined below) that are created at the request of Sproxil customers and provided on labels that are used by Sproxil customers on specific products or product packaging. "Identification Codes" consist of non-sequential, pseudo-random identifiers comprised of characters, letters, numerals, bar codes, matrix codes, human-readable markings and machine-readable markings. Using SMS text communication, users are able to check the authenticity of products by transmitting an Identification Code to Sproxil via cellular phone and receiving a response from Sproxil that either confirms or rejects the Identification Code entered for a particular product or multiple products.
The Services are provided on an "as is" and "as available" basis. Sproxil does not make and disclaims all express and implied warranties and representations with respect to the Services, including, but not limited to, any implied warranty of fitness for a particular purpose to the extent permitted by law. In particular, Sproxil expressly disclaims any warranty: (i) that users will at all times have uninterrupted access to the Services; or (ii) that the Services will at all times be error free. All Uniform Commercial Code warranties are expressly disclaimed by the Parties. This disclaimer of warranty constitutes an essential part of this Agreement.
You acknowledge that the Services depend on accurate transmission of Identification Codes and other information over cellular networks maintained by third parties. Under no circumstances shall Sproxil, Inc. be liable for any damages or losses arising from: (i) interruption or failure of any third-party or user's cellular service or cellular device, (ii) the failure of user to accurately read an Identification Code or a response to an Identification Code submitted to Sproxil, (iii) user error in accurately transmitting an Identification Code to Sproxil, (iv) any error or inaccurate verification caused by tampering, removal or other unauthorized modification of a label containing an Information Code by any person, (v) physical damage to an Information Code that renders such Information Code illegible or unusable, (vi) failure of user to completely follow instructions with regard to use of the Services or (vii) damages or losses to the extent they arise from the negligence or misconduct of user, its employees, representatives, designees, intermediaries, assigns or any third party.
Under no circumstances shall, Sproxil, Inc., its partners, contributors, agents, employees, directors or affiliates be liable for any incidental, indirect, special, reliance or consequential damages, or for lost profits, savings or revenues of any kind, regardless of whether Sproxil, Inc. has been advised of the possibility of such damages, due to your reliance on the Services.
These Terms of Service are governed by the laws of the Commonwealth of Massachusetts. You hereby agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts. To the extent that applicable laws have mandatory application to this agreement or give you the right to bring action in any other courts, the above limitations may not apply to you.
If any provision or portion of these Terms of Service is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Service.
