Martini Security Terms of Service
Last edit: Sep 1, 2022
We may make changes to these Terms from time to time. When we do, we will revise the "last updated" date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our services after such changes have been published to our services will constitute your acceptance of such revised Terms.
You represent and warrant: (a) you have sufficient information to make an informed choice regarding the extent to which you elect to rely on Martini Security services, its PKI or any Martini Security Certificates or other information in or provided through it; (b) your use of or reliance on the Martini Security service, PKI, and all Certificates and other information provided in or through it is governed by this Agreement; (c) you will be liable to Martini Security if you breach this Agreement; (d) you are solely responsible and liable for deciding whether or not to rely on a Martini Security Certificate or any other information provided in or through the Martini Security PKI; and (e)if you are entering into this Agreement on behalf of an entity, you have all right, power, and authority necessary to do so.
Usage of our services
Subject to these Terms, we and our licensors grant you a limited, personal, non-exclusive, non-transferable license to use our services for your personal use and not for resale or further distribution.
Your right to use our services is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, we and our licensors retain all rights, titles, and interests in and to our services, including all related intellectual property rights.
Our services and those of our licensors are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our services; (ii) rent, lease or sublicense access to any of our services; or (iii) circumvent or disable any security or technological features or measures of our services. Any rights not expressly granted herein are reserved by us.
We do not provide you with the equipment to access our services. You are responsible for all fees charged by third parties related to your access and use of our services (e.g., charges by Internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our services. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our services at any time, for any or no reason, with or without prior notice, and without liability.
Canceling your account
Your Martini Security account will continue in effect unless and until you cancel your account or we terminate it. You must cancel your account before it renews in order to avoid billing of the next month's or year's fees to your credit card. Martini Security will bill the monthly or yearly fees associated with your account to the credit card you provide to us during registration (or to a different credit card if you change your account information).
Martini Security accounts are prepaid and are non-refundable. Martini Security does not provide refunds or credits for any partial months or years. You may cancel your Martini Security account at any time, and cancellation will be effective immediately but you will retain access to the features that came with your Account through the remainder of the period already paid.
If you wish to cancel your account contact . Should you elect to cancel your account, please note that you will not be issued a refund for the most recently (or any previously) charged fees.
By signing up for a Martini Security account and providing Martini Security with your payment account information, you hereby agree to these payment terms and conditions.
Your Obligations, Security, and Limitations
You must comply with all applicable laws when using our services. Other than acquiring and managing certificates, and except as may be expressly permitted by applicable law or as Martini Security, Inc may authorize expressly in writing.
The Site and the services may not be used: (i) in (or by a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the SDN List or the U.S. Commerce Department’s Denied Persons List or Entities List (together referred to as "U.S. Prohibited Party Lists").
By using the Site and the Service, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
As a Relying Party, you must not rely on the Martini Security PKI or any Martini Security Certificates for any usage other than verifying authentication caller metadata via verification of SHAKEN PASSporTs, as described in ATIS-1000074, and any other PASSporT extensions defined for use in the SHAKEN ecosystem. Additionally, you are responsible for ensuring reasonable usage of the associated certificate, including : (a) assessing whether the use of a Certificate for a given purpose is appropriate under the circumstances; (b) using appropriate technology to verify the digital signature and perform other cryptographic operations; or (c) checking Certificate status, and the validity of applicable Certificates in the Certificate’s chain, before you rely on a given Certificate. You will not and have no right to, rely on any Certificate without at least complying with the above. Martini Security, its suppliers, and any RAs are not responsible for assessing the appropriateness of the use of the Martini Security PKI or any Certificates or other information in or provided through it.
You will not, and have no right to, monitor, interfere with, or reverse engineer the Martini Security PKI, or any Martini Certificates or other information in or provided through it, or otherwise intentionally compromise the security of the Martini Security PKI (except to the extent expressly permitted by applicable law despite this limitation or otherwise on Martini Security’ express, prior, written approval in each case).
Linking to our services
Framing of our services within or as part of any third-party services, or any other manner of incorporating parts of our services as part of another Web site or service, is not permitted without our prior written consent.
Usage in Critical Systems
You will not, and have no right to, use, or provide access to, any Martini Security Certificates for use in connection with any nuclear facilities, aircraft navigation, aircraft communications, flight control systems, air traffic control, mass transit, medical equipment (FDA class 2 or 3, or equivalent), weapons systems, or in any other applications in which the failure or compromise of any aspect of the Martini Security PKI, or any Certificates or other information in or provided through it, could lead to death, personal injury, or severe physical or environmental damage. You also will not use any Martini Security Certificates as proof of identity or as support of non-repudiation of identity or authority
Restricted Areas of the Services
Certain parts of our services, including account management features, may be password-restricted to registered users or other authorized persons ("Password-Protected Areas"). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our services that is known to you.
User postings to our services
You may have the opportunity to post information and content to our services. You agree that we are free to use any comments, information, ideas, concepts, methods, techniques, content, and any other material in any post or submission that you may make to our services, such as on our blog, (each, a "Submission"), without further compensation, acknowledgment, or payment, for any purpose whatsoever including, without limitation, modifying or improving the services.
Furthermore, by making any Submission on the services, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the submission in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
BY POSTING OR PROVIDING ANY SUBMISSION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION BY US WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.
"Martini Security", the Martini Security logo, and any other product or service name or slogan displayed on our services are trademarks of Martini Security, LLC, and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Martini Security, LLC or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Martini Security" or any other name, trademark, or product or service name of Martini Security, LLC without our prior written permission.
In addition, the look and feel of our services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Martini Security and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names, and company names or logos mentioned in our services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our services ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
Disclaimer of Warranties
YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE OR SERVICE CONTENT OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Any rights not expressly granted herein are reserved by us.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT.
You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the services and issued certificate, your violation of these Terms, or your violation of any rights of a third party through the use of the services or issued certificates.
Enforcement of these Terms will be governed by the laws of the State of Washington, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the services or Service Content will lie in the state and federal courts located in Seattle, Washington, and each party irrevocably agrees to submit to the jurisdiction of such courts. Notwithstanding this, you agree that we will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
These Terms constitute the whole legal agreement between the parties in connection with your use of the Sites and services and govern such use. These Terms completely replace and supersede any prior agreements between the parties, whether written or oral, in connection with the Site and services. Except as expressly provided in these Terms, any modification of or changes to these Terms must be in a writing duly authorized by an authorized representative of ours. If you have any questions about our services or these Terms, you may contact us at: .