Please read these Terms and Conditions carefully before using the Application (defined below). These terms and conditions regulate the use of the Vapssky’s Top Secret Mail (“Application”) provided by Dexterous Infoway Pvt.Ltd, India ("Dexterous"). You as the individual, the company or the legal entity (hereinafter referred to as you or your) that will be utilizing the application only upon the condition that you accept all the terms and conditions contained herein. By clicking on the "I Agree" button below or by downloading, installing or using the application, you have indicated that you understand all the terms and conditions mentioned herein. If you do not accept or agree to be bound by any of the terms and conditions, please click the "I Do Not Agree" button and you should immediately stop using this Application. Dexterous reserves the right, in its sole discretion, to modify, alter or otherwise update these terms and conditions at any time and, by your continued use of the Application, you agree to be bound by such modifications, alterations or updates. Costs The Application is provided to at $9.95 as mentioned in the invoice. Restrictions You agree not to reverse engineer, disassemble, decompile, reverse translate or in any way decode the Application or any copy or part of it in order to derive any source code or other underlying materials or information except insofar as permitted to do so by law. User Information You acknowledge that the Application collects personal information about you and how you use the Application (the "Collected Information"). Your phone number will not be used for any unsolicited calls or actions outside the scope of the Application by Dexterous. Un-install If you wish to un-install the Application, navigate to Options>Advanced>Applications>TopSecretMail Menu and select the delete option. Disclaimer The Top Secret Mail application requires APN based TCP Internet connectivity which is not same as the Blackberry Internet Service. If the APN settings are not configured properly, the application will not be able to connect to the server. Using APN based Internet may incur additional charges as some operators charge separately for this type of connection. The application may not work if your device is blocked with any IT policies or Limited permission settings that interrupt the proper internet connectivity for Top Secret Mail. The charges for your blackberry GPRS connection will vary based on your service provider and your usage of the application. Dexterous will not be responsible for the charges on the GPRS connection of your mobile that you may incur while using the application. Liability Dexterous assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your mobile equipment or other property on account of your access to, use of, the Application or your downloading of any materials, data, text, images from the Application. In no event shall Dexterous or any 3rd party be liable for any injury, loss, claim, damage, or any special exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitations loss of profits, business interruptions, or loss, corruption or non delivery of data), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the Application or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this Application for subsequent purchases or decisions) or (iii) the performance or non-performance by Dexterous or any 3rd parties, even if such a party has been advised of the possibility of damages to such parties or any other party. Your use of the Application is at your risk. You will be solely responsible for any misuse of the application to render any loss, intrusion in to the privacy or any act of the similar nature etc.,. Dexterous will not be in any manner whatsoever responsible for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or misuse of the Application. Neither Dexterous nor any other party involved in creating, producing, or delivering the Application is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Application. (Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.) Dexterous cannot be held responsible for any technical malfunctions or disruptions on the Application. Indemnity Neither Dexterous nor its affiliates or its content providers are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequentially, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any outcome of the Application. You hereby indemnify, defend and hold Dexterous and its affiliates, and their respective directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any party in connection with any breach by you of these terms and conditions. Dexterous reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with Dexterous defense of such claim. Dispute Resolution Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this terms and conditions or the validity or the breach thereof shall be settled by arbitration in accordance with the Indian Arbitration & Conciliation Act, 1996 and the award made in pursuance thereof shall be binding on the parties. Dexterous shall nominate the Sole Arbitrator. The venue of the arbitration shall be at Chennai and the language for the arbitration shall be English. The parties further agree that the sole arbitrator shall have the right to pass interim awards and directions. Applicable Law This terms and conditions is part and parcel of the Top Secret Mail end user license agreement and shall be strictly governed by and construed in accordance with the laws of India and both parties hereby submit to the exclusive jurisdiction of the courts of Chennai, India. Support If you need to contact Dexterous, please send an email to techsupport@vapssky.com or refer to vapssky.com/support for more details.