Terms Of Service
Last Updated: March 1, 2025
Acceptance of Terms & Conditions (Terms as a Contract)
Highpass-User Relationship. These Terms & Conditions and the Highpass Privacy Policy (combined referred to as "Agreement") govern the relationship between Highpass, Inc. ("Highpass") and you ("you", "your", or "User"), and your use of and access to the website or services ("Services") provided by Highpass.
Agreeing to the Terms. To begin use of Services, you must agree to the Terms disclosed herein. To agree to the Terms, click to accept the Terms where this option is given during the registration process. Any use of the Services constitutes a confirmation of acceptance by User to this Agreement, and therefore constitutes a legally binding contract. Once you have agreed to the Terms and Conditions contained herein and the Privacy Policy, you are considered a User regardless of whether you subsequently use the Highpass service.
Legal Age & Contractual Capacity. All Services are provided by Highpass for use by persons age eighteen (18) or older, and an individual or entity legally capable, by U.S. law, of entering into a legally binding contract with Highpass. Acceptance of the Agreement represents admission of authorization of legal age, signatory capacity and that all registration and personal information given to Highpass is true, accurate, and current. At its discretion, Highpass reserves the right to terminate its relationship with any User who is found to have submitted inaccurate information or misrepresented themselves in any manner.
Amendments to the Agreement. The Agreement may be amended at any time by Highpass. An updated version of the Agreement will be posted to the Highpass website to inform User. The most recent Agreement will take precedence and replace all prior agreements between Highpass and User. If User no longer accepts the new Agreement, User must terminate use of all Services immediately.
Highpass License
License to User. Through this Agreement, Highpass provides User with a non-exclusive license to use the Services made available to you through your Highpass account. This license allows User use of the Services solely in the manner permitted by this Agreement. License is only active while your account is in good standing and as permitted by this Agreement.
Software Access/Use Restrictions. User will not copy, translate, modify, reuse, disassemble, decompile or reverse engineer any aspect of the Services, or transmit the software to any third-party unless Highpass has given written permission to do so. Additionally, User may not use non-Highpass software to access the Services.
Transfer of License. User may not transfer, assign, rent, lease or sublicense his/her rights to use the Services to another party unless Highpass has given written permission to do so.
Condition of Highpass Services (Management of Accounts)
Affiliates. User agrees to allow any and all affiliates and/or subsidiaries to work in conjunction with Highpass in order to provide you with Services.
Account Access. Highpass and its affiliates and/or subsidiaries reserve the right to access User's account content if it is necessary to correctly process a document or order, assist with customer service, process subscription payments, enforce this Agreement, investigate and/or address any security or technical issues, or if Highpass believes this access is necessary to act in accordance with a legal or governmental request.
Account Storage. User acknowledges that Highpass may not currently have a fixed maximum limit on the number of files allowed within User’s. At its discretion, Highpass may create limits on use and storage at any time. Your account content may be stored and processed in a Highpass facility or a facility of its agents in the United States.
Storage Responsibility. Highpass assumes no responsibility or liability for the failure to store or transmit User's account content, or for the deletion of this content.
Use of Highpass Services
Equipment Requirements. Highpass Users must provide all equipment required to use the Highpass service. Highpass does not provide Internet services. User must also install, download or access the necessary software from Highpass, if required. Highpass may automatically update software as needed without notice, or require an update to be downloaded and installed prior to continued use.
Users Agreement to Use. By accepting the Agreement, User agrees to the following regarding use of Services:
Services will only be used as is permitted by the Agreement and any law, regulation or guideline in appropriate jurisdictions.
Services will not be accessed or attempted to be accessed through any means other than the user interface provided by Highpass, including through any automated means. This includes, but is not limited to, any attempt to breach security features, to probe or test the website's defenses, or to access any Highpass system or network for which the User has no authorization.
User will not access content, data, or accounts for which the User has no authorization.
User will not act in any way that leads to the interference or disruption of Services or any equipment connected with running the Services.
User will not copy, duplicate, reproduce, trade, sell, resell, market, publish or exploit any Services or elements of the Highpass product at any time.
User will not use Highpass's Services or systems to attempt to gain unauthorized access to other computer systems.
User is completely responsible for any violation of the Agreement and is liable for all consequences that may result from such a violation. This includes any loss or damage suffered by Highpass as a result of User's violation.
Criminal/Civil Liabilities. Any User who violates any stipulation of the Agreement may be subject to the full extent of the law, including holding said person to civil and/or criminal liability. Highpass will cooperate directly with appropriate law enforcement in the case of any investigation related to a violation of the Agreement.
Password Confidentiality & Account Security
Password Confidentiality. As a User, you agree and understand that you are responsible for maintaining the confidentiality of any passwords or PINs which may gain access to your account and the services provided by Highpass. In the case of any unauthorized use of your account, password or PIN, you agree to immediately inform Highpass of this activity.
Account Security. For any loss incurred as a result of unauthorized use of your account, password or PIN, whether known or unknown, Highpass will not be held liable. You are solely responsible to Highpass for all activities that may occur under your account. User has the opportunity to change your password at any time in the account settings section of User's account.
Privacy & Personal Information
Privacy Policy. User agrees to the terms of Highpass's Privacy Policy. This policy details Highpass's personal information data gathering methods and how Highpass protects your privacy and data. By accepting the Agreement, you consent to the collection of your personal information and approve the use of your data within the constructs of Highpass's Privacy Policy. If the Terms of Service and the Privacy Policy are in disagreement, the Terms of Service will preside.
Proprietary Rights & Intellectual Property
Highpass's Proprietary Rights. User recognizes and agrees that all legal rights and title to the Services are owned by Highpass or its licensors, including all intellectual property rights contained therein.
Highpass's Intellectual Property. The use of Highpass's brand names, logos, domain names, trademarks, service marks, copyrighted materials, patents or any other brand elements unique to Highpass and its Services is strictly prohibited, unless you have entered into a written agreement with Highpass detailing otherwise. If such an agreement exists, brand elements approved for use must be handled in compliance with the guidelines specific to that agreement.
User's Proprietary Rights & Intellectual Property. Highpass recognizes and agrees that it has no legal rights or title to any User content, including documents, orders, personal information, or any intellectual property rights contained therein. Highpass is not required or obligated to protect and/or enforce rights owned by User.
User Feedback & Rights. Your participation in submitting ideas or feedback to Highpass assigns to Highpass all rights, title and interest to such changes or enhancements and all property rights contained therein, including, but not limited to, all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
Highpass Use of User Feedback. User agrees that all feedback submitted to Highpass may be used in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Highpass.
Highpass's Handling of Content. Highpass will encrypt all User content before transmitting processing purposes in accordance with HIPAA requirements. User agrees to permit Highpass to take these actions.
Service Subscription
Subscription Payments. Once the Free Trial, if provided by Highpass, has ended, User is obligated to pay all subscription fees by due dates determined by Highpass. Once you have confirmed acceptance of the subscription, Highpass may move to verify User's credit if appropriate. User gives approval for such credit verification.
Storage of Payment Information. User gives Highpass permission to store credit card numbers or other forms of payment information for the purpose of processing periodic subscription payments. User has the right to update stored payment information at any time within their password-protected account.
Subscription Fees. Subscription fees are subject to change at the discretion of Highpass. All Users will be given written notice in advance of any changes. If User does not agree to subscription fee changes, User reserves the right to cancel the subscription without penalty.
User Conduct
Appropriateness of Content. User agrees that the contents of his/her account are not endorsed by Highpass. All content is subject to any applicable local, state, national or international laws and regulations. When content violates such laws or regulations, the creation and/or distribution of said content via Highpass's Services is prohibited.
Subscription Termination
Termination By Highpass or User. User's subscription may be terminated at the end of the subscription period. To terminate your subscription, User must contact Highpass's Customer Service at www.highpass.ai or [email protected].
Deletion of Content for Expired Accounts. If User's account should expire, for example if payment is overdue, Highpass has the right to delete account content. To keep access to account content, User must renew subscription before the end of 30 days.
Account Access Upon Termination. Upon termination of your subscription, you will no longer be granted access to your account or any content contained therein effective immediately. Closed account content may remain archived for back-up purposes within the Highpass system for a period of time to be determined by Highpass.
Termination of Agreement. The termination of a subscription is also the termination of the Agreement, relieving Highpass and ex-User of any obligations or rights contained therein, except where such obligations or rights are stated to continue indefinitely.
Highpass's Waiver of Rights. If Highpass should fail to implement and/or enforce any portion of this Agreement, it will not constitute a waiver of any rights or provisions laid out in the Agreement, unless such a waiver is agreed to by Highpass in writing.
Exclusion of Warranties
Use At User's Risk. User acknowledges and agrees that the Services are provided "As Is" and "As Available" without warranty of any kind. Use of the Services and any related software is done solely at the User's own discretion and risk. Highpass is not responsible for any damage to User's computer system or other device, or for the loss of any data as a result of downloading any necessary materials or software, even if Highpass has been advised of the possibility of such damages.
Exclusion of Warranties. Highpass does not certify, warrant, or guarantee:
That the Services will meet your requirements or expectations
That the Services will be continuously available, timely, free from error, or secure
The accuracy or reliability of any information or data processed by the Services or acquired by you through the Services
That any defects in the software provided as part of the Services will be corrected
Any goods or services obtained through the Services
Any transactions entered into with Highpass
Warranties Not Included in Agreement. No warranty secured by User from Highpass and its Services, whether in oral or written form, shall be created unless explicitly declared in the Agreement. Additionally, all warranties, whether expressed or implied, are further disclaimed by Highpass. These may include, but are not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
Limitation of Liability. You acknowledge and agree that Highpass shall not be held liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you through the use or inability to use the Services, website or software. Damages may result from but are not limited to the following, regardless of whether Highpass has been notified of the occurrence or possibility of such damages:
Loss of profit
Loss of goodwill or reputation
Loss of data or content through deletion, corruption or failure to store
Changes to the Services
Temporary or permanent cessation of the Services
Failure of shared content to reach intended party
Failure of User of supply accurate account information
Failure of User to keep password, PIN or account protected and confidential
Damage resulting from use of, access to, or reliance on the Services or website
Damages for judgments against User related to recording others without permission
Any other intangible loss
Force Majeure
Force Majeure. Highpass shall not be responsible for any delay or failure in performance that results from causes beyond its reasonable control ("Force Majeure Events"), whether or not foreseeable by such party. Such Force Majeure Events include, but are not limited to, adverse weather conditions, flood, fire, explosion, earthquake, volcanic action, power failure, embargo, war, revolution, civil commotion, act of public enemies, labor unrest (including, but not limited to, strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain equipment, parts, software or repairs thereof, acts or omissions of the other party, and acts of God.
Indemnification
Indemnification. User agrees to indemnify and hold harmless Highpass and its officers, directors, affiliates, subsidiaries, representatives, agents and employees from and against any and all costs, damages, claims, demands, expenses, suits, judgments, and losses (including, but not limited to, reasonable legal costs) due to the User's breach of this Agreement. The same applies to any third-party claims or suits which may arise as the result of your use of the Services. This section of the Agreement shall remain active even upon termination of this Agreement.
Legal Claims
Agreement Governance. This Agreement is governed by and interpreted in accordance with the laws of the State of California without regard to its conflict of laws provisions or Users actual place of residency. All claims and disputes arising from this Agreement will be brought solely to the exclusive jurisdiction of the courts in Santa Barbara County, California, and must be filed within one (1) year of such claim, as it will thereafter be waived and barred. Despite this stipulation, Highpass may apply for injunctive remedies in the jurisdiction of its choosing.
Invalid Provisions. If any provision of this Agreement is ruled invalid by a court of law having jurisdiction in this matter, that provision will be stricken from the Agreement, leaving the remaining provisions in effect and enforceable.
Section Headings. The section headings in the Agreement are for convenience only and have no legal or contractual consequence.
Notices
Contacting Users. Highpass reserves the right to contact Users at its own discretion regarding its products, services, software updates, changes to this Agreement, for marketing research including surveys, and other issues which may pertain to User's account. User consents to allow Highpass to contact you via email, text messaging, posting on the Services, or through other means via the Internet while accessing the Services or website.