SHAYK® TERMS OF USE
Last Updated: February 2, 2025
1. INTRODUCTION
Shayk Technologies, LLC, d/b/a SHAYK® (“Company,” “we,” “us,” or “our”), operates the website https://www.shayk.com (the “Site”), the mobile application SHAYK® (the “App”). SHAYK® provides equal access to confidentiality through legal and technological solutions that streamline the execution, evincing, tracking, and enforcement of confidentiality agreements. SHAYK® offers various services, including VPN, NDA management, recording, data storage, enforcement tools, and insurance coverage (collectively, the “Services”).
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Shayk Technologies, LLC., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by info@shayk.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
By accessing or using our Services, you agree to be bound by these Terms and Conditions (“Legal Terms”). If you do not agree with these Legal Terms, please discontinue use immediately.
Key Notices:
You agree to resolve disputes through binding arbitration instead of litigation or class actions.
You must be at least 18 years old to use the Services.
We reserve the right to modify these Terms at any time. Continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.
For questions, contact us at:
Email: info@shayk.com
Mailing Address: 1039 S 21st St, Omaha, NE 68108, USA
2. SERVICES OVERVIEW
We offer the following Services:
VPN: Provides online privacy and security by masking your IP address and protecting your information from interception.
NDA Management: Access to a library of nondisclosure agreements (NDAs), tools for sending, storing, and tracking NDAs, and automated reminders.
Recording: Options to record meetings, create transcripts, and store them securely.
Vault: Cloud-based data storage with industry-leading protections, allowing storage of various data types and linking them to executed NDAs.
Enforcer: Tools to send cease and desist letters, export certified copies of files, and options for dispute resolution and enforcement.
Insurance: Coverage for arbitration, attorney fees, and court costs related to NDA enforcement.
2.1 Use of Services and Compliance with Laws: Our Services are not designed for use in places where doing so would break local laws or regulations or require us to meet specific registration requirements. If you access our Services from outside the United States, you do so at your own risk and are fully responsible for following your local laws.
2.2 Important Note: Our Services are not intended for use in industries with strict regulations such as healthcare or financial services. Specifically:
Health Insurance Portability and Accountability Act (HIPAA): If your use of the Services involves handling protected health information (PHI), our Services are not compliant with HIPAA. Learn more about HIPAA here.
Federal Information Security Management Act (FISMA): If your activities involve government data requiring FISMA compliance, you should not use our Services. Learn more about FISMA here.
Gramm-Leach-Bliley Act (GLBA): Our Services cannot be used in ways that violate financial privacy protections under the GLBA. Learn more about the GLBA here.
If you are subject to these or other industry-specific laws, you should not use our Services.
3. USER REPRESENTATIONS
By using our Services, you represent and warrant that:
You are at least 18 years old.
All registration information you provide will be true, accurate, current, and complete, and you will promptly update such information as necessary to maintain its accuracy.
You have the legal capacity to agree to and comply with these Legal Terms.
You will not use the Services for any illegal or unauthorized purpose, including but not limited to:
Storing or transmitting malicious code, viruses, or harmful software.
Attempting to gain unauthorized access to any part of the Services or circumventing security features.
You will not use the Services in violation of any applicable laws or regulations.
You will not access the Services through automated or non-human means, such as bots or scripts.
Note: If you provide information that is untrue, inaccurate, outdated, or incomplete, or if you violate these terms, we reserve the right to suspend or terminate your account and refuse future access to the Services.
4. USER REGISTRATION
To access certain features, you may need to create an account. You agree to:
Provide accurate and current information during registration.
Maintain the confidentiality of your account credentials.
Notify us immediately of any unauthorized use of your account.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. SUBSCRIPTIONS AND PAYMENTS
Billing: Subscriptions are billed in advance on a recurring basis as per the selected plan. Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is annual.
Free Trials: If offered, free trials will automatically convert to a paid subscription unless canceled before the trial ends. We will notify you prior to the conversion.
Cancellations: You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of the current billing cycle.
Refunds: All purchases are final and non-refundable, except as required by applicable law.
Fee Changes: We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
6. PROHIBITED ACTIVITIES
Prohibited Uses
You may only use the Services for their intended purposes as authorized by us. Any unauthorized or unlawful use is strictly prohibited, including but not limited to the following activities:
Data Misuse: Collect, scrape, or compile data or content from the Services without prior written consent.
Deception: Mislead, trick, or defraud us or other users, including attempts to access sensitive information such as passwords.
Security Violations: Circumvent or interfere with security features or protections on the Services.
Harmful Conduct: Disparage, harm, or harass us, our Services, employees, or other users.
Malicious Content: Upload or distribute harmful code, including viruses, malware, or spamming content.
Automated Use: Access the Services using bots, scripts, or other automated methods without approval.
Impersonation: Impersonate another user or misrepresent your identity.
Unauthorized Framing or Linking: Frame or link to the Services without permission.
Service Disruption: Interfere with or disrupt the functionality of the Services or associated networks.
Copyright Infringement: Remove, alter, or misuse copyright notices or other proprietary information.
Reverse Engineering: Modify, decompile, or reverse-engineer the Services’ software or code.
Unlawful Use: Use the Services in violation of any applicable laws, regulations, or third-party rights.
Competitive Exploitation: Use the Services for commercial or competitive purposes without explicit authorization.
Violation of these terms may result in suspension or termination of your account and, where applicable, legal action.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Our Ownership: We own or license all intellectual property in the Services, including source code, software, designs, text, graphics, audio, video, and trademarks (“Content and Marks”). These are protected by U.S. and international copyright, trademark, and intellectual property laws. You are granted a limited license to use the Services for personal, non-commercial use. Any unauthorized use of the content is prohibited.
7.2 Your Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to:
Access the Services.
Download or print portions of the Content for personal or internal business use only.
You may not copy, reproduce, distribute, publicly display, or use the Content or Marks for commercial purposes without our written consent. To request permission, email us at info@shayk.com. If granted, you must acknowledge us as the owners or licensors and retain all copyright notices.
Violating these rights is a material breach of these Legal Terms and may result in account termination or legal action.
7.3 Your Submissions and Contributions
7.3.1 Submissions: When you send us feedback, suggestions, or other input (“Submissions”), you assign all intellectual property rights to us. We may use these Submissions for any purpose, without compensation or acknowledgment.
7.3.2 Contributions: If you post or upload content (“Contributions”), such as text, images, or videos, through the
Services:
You grant us a worldwide, perpetual, royalty-free license to use, modify, display, distribute, and create derivative works from your Contributions in any format or media for any purpose.
This license includes the use of your name, trademarks, or logos, if applicable.
7.3.3 Your Responsibilities: By submitting Contributions, you confirm that:
Your content does not infringe third-party rights, violate laws, or contain confidential information.
Your content is not harmful, misleading, or defamatory.
You waive all moral rights to your Contributions where permitted by law.
You are solely responsible for your Contributions and agree to indemnify us for any claims arising from:
Violations of this section.
Third-party intellectual property disputes.
Breaches of applicable laws.
7.4 Content Management: We reserve the right to remove or edit Contributions at our discretion if they violate these Terms or are deemed harmful. We may also suspend or terminate your account and, if necessary, report violations to authorities.
7.5 Copyright Infringement: If you believe any material on our Services infringes your copyright, please follow the steps outlined in our “Copyright Infringements” section to file a notice.
8. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States and Canada. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States and Canada, then through your continued use of the Services, you are transferring your data to the United States and Canada, and you expressly consent to have your data transferred to and processed in the United States and Canada.
9. DISCLAIMERS
9.1 No Legal Advice: WE ARE NOT A LAW FIRM. Using our Services does not constitute legal advice or create an attorney-client relationship. You should seek legal counsel before signing any version of the SHAYK NDA or utilizing our Services.
9.2 No Warranties: The Services are provided “as is” without any warranties, express or implied. We do not guarantee that the Services will be error-free or uninterrupted.
10. LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising out of your use of the Services or violation of these Legal Terms.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, partners, and employees harmless from any losses, damages, liabilities, claims, or demands (including reasonable attorneys' fees) arising from: (1) Your Contributions; (2) Your use of the Services; (3) Your breach of these Legal Terms or any representations and warranties contained within them; (4) Your violation of any third-party rights, including intellectual property rights; or (5) Any harmful actions directed toward another user through the Services.
We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding requiring indemnification as soon as we become aware of it.
12. MODIFICATIONS TO THE SERVICES
We reserve the right to modify or discontinue the Services at any time without prior notice. We are not liable for any modification, suspension, or discontinuation of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
13. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law principles.
14. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SHAYK TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 14.7 BELOW, YOU AND SHAYK® AGREE THAT ALL DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND SHAYK FROM SUING IN COURT OR HAVING A JURY TRIAL.
14.1 No Representative Actions
You and Shayk® agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and Shayk® and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to “Shayk®,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
14.2 Arbitration of Disputes
Most concerns can be resolved quickly and to the customer’s satisfaction by contacting Shayk®’s customer support at info@shayk.com. In the unlikely event that Shayk®’s support team is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute with you after attempting to do so informally), this Section 14 applies.
Except for:
Individual actions in small claims court located in the county of your billing address, or
Actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property,
You and Shayk® agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in court. Disputes include, but are not limited to:
Those arising out of or related to these Terms or our Services,
Those related to advertising, privacy, data security, and the use of our website,
Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory,
Disputes arising before you accepted these or any prior Terms,
Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class, and
Disputes asserted against Shayk® by those you list as authorized contacts on your account.
14.3 Arbitration Procedures
For any Dispute that you have against Shayk®, or that Shayk® has against you, you and Shayk® agree to attempt to resolve the Dispute informally via the following process:
If you assert a claim against Shayk®, you must first send a written notice of your Dispute (“Claimant Notice”) to:
Shayk Technologies, LLC
Attn: Legal Department
1039 S 21st St, Omaha, NE 68108
Email: info@shayk.com
The Claimant Notice must include:
Your name, residence address, email address, and telephone number,
A detailed description of the nature and basis of the Dispute, and
The specific relief sought.
If Shayk® has a Dispute against you, we will provide you with a written notice (“Shayk® Notice”) using the email and/or mailing address associated with your account.
Statute of Limitations Tolling: The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Shayk® first send the applicable Notice so that the parties can engage in this informal dispute resolution process.
If you and Shayk® cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (AAA).
Arbitration Rules & Location
All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator.
Unless the parties agree in writing to a different location, arbitration proceedings will be held in Douglas County, Nebraska.
Consumers may elect to hold the arbitration in their county of residence.
Applicable Arbitration Rules
If you are a consumer, you and Shayk® agree to use the AAA Consumer Arbitration Rules.
If you are not a consumer, you and Shayk® agree to use the AAA Commercial Arbitration Rules, including the Expedited Procedures for all Disputes valued at $75,000 or less.
The most recent versions of the AAA Consumer and Commercial Arbitration Rules are available at www.adr.org and are incorporated into this agreement.
14.4 Individualized Arbitration Proceedings and Remedies
You and Shayk® agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq.
The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims.
The arbitrator may not preside over any type of class or representative proceeding.
14.5 Confidentiality
All arbitration proceedings shall be strictly confidential. You and Shayk® agree to cooperate in seeking protection for any confidential, proprietary, or trade secret information exchanged during arbitration.
14.6 Payment of Arbitration Fees
The costs of arbitration shall be governed by the AAA’s fee schedules available at www.adr.org.
If you are a consumer and initiate arbitration, you agree to pay the applicable AAA Consumer Case Filing Fee, and Shayk will pay the remaining fees.
If you are not a consumer, you agree to pay $250 towards any arbitration filing fees, and Shayk® will pay the remaining fees if your claim is valued at less than $75,000.
If the arbitrator determines that the claim was frivolous or brought for an improper purpose, then payment of all AAA fees will be governed by the applicable AAA Rules.
14.7 Opt-Out of Arbitration
You have the right to opt out of binding arbitration within 30 days of accepting these Terms. To do so, you must send a written notice via U.S. certified mail to:
Shayk Technologies, LLC
Attn: Legal Department
1039 S 21st St, Omaha, NE 68108
Email: info@shayk.com
Your notice must include:
Your full name and address, and
A clear statement of your intent to opt out of binding arbitration.
By opting out, you agree to resolve Disputes in court, but only on an individual basis.
14.8 Additional Terms
If any portion of this Section 14 is found to be unenforceable or unlawful, the remaining provisions will still apply. Any class, collective, or representative claims must be litigated in a civil court, not in arbitration.
You and Shayk® agree that Nebraska state or federal courts have exclusive jurisdiction over the enforcement of an arbitration award.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
16. MISCELLANEOUS
16.1 Entire Agreement: These Legal Terms constitute the entire agreement between you and us regarding the use of the Services.
16.2 Severability: If any provision of these Legal Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
16.3 Waiver: Our failure to enforce any right or provision of these Legal Terms will not be considered a waiver of those rights.
17. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
19. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
20. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Shayk Technologies, LLC.
Mailing Address: 1039 S 21st St Omaha, NE 68108 United States
Email: info@shayk.com