Last updated: May 5th, 2023
“Meerkat” is a mobile software provided by Sphinx & Lab K.K., allows end users to import, store, upload, download, backup, restore, export data on their mobile devices for the purpose of securely preserving and protecting user’s private data and information, preventing data loss or information leak from mobile device and Cloud Storage. Data on mobile device includes but not limited to photos, videos, documents. Meerkat utilizes strong encryptions, using AES 256-bit cipher and Secret Sharing technology to store user’s data on a single or multiple cloud storages selected by end users.
Please read these Terms of Use carefully. The following are the terms of use for your subscription to Meerkat and use of the Software. By using Meerkat, you accept these terms of use. These terms of use are not assignable by you to anyone else.
1. Copyright
Meerkat (henceforth referred to as “the Software”), and the information which it contains, is the property of Sphinx & Lab K.K (henceforth referred to as “the Company”). and protected from unauthorized copying and dissemination by Japan copyright law, international conventions, and other intellectual property laws.
2. Scope of License
The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software strictly in accordance with the terms of this Agreement. The license that is granted to you by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
3. Restrictions
The software may only be used for lawful purposes and as accordingly, you agree to not misuse it. When using the Software, you agree NOT TO:
- Upload, transmit, download any material that is illegal in the country you are using the Software.
- Reverse Engineering, change, modify, copy, distribute, assign, transfer, make derivative works, exploit, crack any portion of the Software.
- Upload, transmit, download any material that contains software viruses, malwares, or any other files/programs intended to interrupt, destroy, hack, change, or limit the use, access, or functionality of the Software.
- Upload, transmit, download any material that violates the privacy or intellectual property rights of others.
The Company, in its sole discretion, may remove content and block user access to any content on the Company managed Cloud storages (henceforth referred to as “Meerkat Storages”), that it determines to be illegal in the country where the particular Meerkat Storage is physically located.
4. PIN Code, Master Encryption Key & Double Lock Passwords
4.1 PIN Code
You hereby understand you will be required to create a “PIN Code” to start using the Software. The PIN Code will be used by you and only you and shall not be shared to others. The Software also supports biometric login, so you don’t need to enter the Pin Code every time using the Software. However biometric login is not a replacement to the PIN Code. You are still responsible for remembering and maintaining the security of your own Pin Code. The Company has no knowledge of your Pin Code and will not ask or be permitted to ask for your PIN Code. Please do understand that the Company is technically NOT able to reset your PIN Code under any circumstance. If you lose or forget your PIN Code, the company will not be able to assist in recovering your data and information. Hereby you agree not to issue your PIN Code to any third parties and shall not, under any circumstances, issue your PIN Code to any technical support representative of the Company in the event you are seeking for Software assistance. In general, you agree not to share your Pin Code with any employee, officer of the Company. The Company shall not be responsible for the actions of any individuals who misuse or misappropriate your Meerkat data and information or other any of your assets using your PIN Code or the information stored in Meerkat App or on Meerkat Storages.
4.2 Master Encryption Key & Double Lock Passwords
Meerkat utilizes AES 256-bit cipher to encrypt and upload data to cloud storages. By default, the cipher in the Software uses “Master Encryption Key (MEK)”, which is a globally unique 256-bit secret key, randomly generated by the Software for every installation instance of the Software. End users also have an option to set a “Double Lock Password (DLP)” on individual file level to lock the content. You hereby understand that you are responsible for remembering and maintaining the security of your own Double Lock Passwords. If you lose or forget those passwords, the Company will not be able to assist in gaining access to data locked by them. You hereby understand that if you delete, then reinstall the Software on same device, or install the Software on a new device, you are required to take a system data backup in advance of the deletion, then restore the system data back onto the newly installed instance. Otherwise, your previous MEK will not be restored, and you will lose access to all your data up to time of the Software deletion.
5. Meerkat Storage, BYOS (Bring Your Own Storage)
Meerkat uses two kinds of Cloud storages to securely store your data and information:
5.1 Meerkat Storage
Meerkat Storages are managed by the Company and hosted on Amazon AWS or Alibaba Aliyun Cloud infrastructure. Both are the leading companies in the industry and have 24×7 monitoring, surveillance and support to prevent unauthorized access and advanced data security. Their commitments on very high level of data availability and durability ensure the continued service and protection of your data from natural disaster, intruders and disruptive events.
5.2 BYOS (Bring Your Own Storage)
End users may also use their private Cloud storages in Meerkat. iCloud and Google Drive are currently supported by the Software. Hereby you understand the Company has no access to your BYOS storges and you should take full responsibility of data stored on BYOS storages. If you delete, change, modify or add any files in the directory that the Software stored on your BYOS storages, you may lose access to some of your data or in the worst case all your data in the Software.
6. Grace Period for expired subscription
If your subscription expires or becomes ineligible and you choose not to renew or upgrade your subscription to an eligible plan or delete some data to meet the condition of your current subscription within the Grace Period, i.e., 14 days for monthly plan or 90 days for annual plan, the Company reserves the right to delete any data associated with your subscription ID on Meerkat Storages and stop your usage of the App. Please note that the Grace Period is counted from the starting day of subscription expiry or ineligibility. A Free User of the software is permitted to use Meerkat on one mobile device and allowed to store up to 20 files in the Software with a limit of 10MB in size for each file. If you are a free user who has not utilized the Software within 12 months, the Company reserves the right to terminate and delete data associated with your subscription ID on Meerkat Storages. Your hereby understand that the Company will not be able to send a notice in advance of data deletion on Meerkat Storages or stopping the usage of the App, as both the Software and the Company don’t collect any contact information from end users, include but not limited to email address, phone number.
7. System data backup and restore
System data contains imperative information for the Software to running properly including your MEK. For ultimate privacy preserving, the Software stores System data in your local App and only in your local App. The Software does provide backup and restore functions, but it is on your own responsibility to keep the backup updated to the latest. You hereby understand that the Company has no access to your System data and will not be able to assist in recovery in the event of a loss or damage without a valid backup.
8. No support for multiple devices use
Meerkat doesn’t support use the App on multiple devices with same Apple ID. You may have a risk of data loss in such case.
9. Right to Disable Access
The Company, in its sole discretion, may immediately disable your access to the Software without a refund or recourse if it believes you have violated any of the policies listed above or elsewhere in this Agreement.
10. Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services. You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services. You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.
11. Third Party Beneficiary
Upon the acceptance of the Agreement, you agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement. Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
12. Compliance with Laws
You shall use the Software only in compliance with this Agreement. You agree to not use this Software as a means or in a manner that violates any laws in your country of use.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
13. Warranty Disclaimer and Remedies
You agree to use the Software at your own risk. The Company does not warrant that the Software will be uninterrupted or error free nor does it make any warranty as to the results that may be obtained from its use. The Software is provided “as is” and the Company disclaims all warranties, expressed or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company regularly makes fixes, enhancements and upgrades to its Software for the benefit of all customers on paid subscription plans.
14. Limitation of Liability
To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, negligence, contract or otherwise, shall the company or any of its underlying officers, directors, employees be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if the company shall have been informed of the possibility of such damages, or for any claim by any other party. In the event that, notwithstanding the foregoing, the company is found liable to you for damages from any cause whatsoever, and regardless of the form of the action, the maximum aggregate liability of the company to you arising in connection with this agreement shall be limited to the amount you paid for the software in the twelve (12) months prior to the accrual of the applicable claim.
15. No Agency
No agency, partnership, joint venture or employment is created by your use of the Software. You do not have any authority of any kind to bind the Company in any respect whatsoever.
16. Entire Agreement
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force, in effect and enforceable.
17. Governing Law, Jurisdiction
If any issues cannot be resolved through consultation, both you and the Company agree to submit to the jurisdiction of the Tokyo District Court, Japan. This Agreement is governed by the Law of Japan.
Contact Us
If you have any questions about this Agreement, you can contact us:
By email: Meerkat@sphinxlab.jp