Thank you for using our services. In order for us to do so, we need to make
sure you understand the terms on which we operate our service. Please read
these terms of service carefully. By using our Service,,
you agree to the Terms of Use provided below.
Our Service and Your Acceptance of these Terms
We offer online services enabling users our service (“Users”) to secure their digital assets on
theirs device without transferring can of their content to our Service. In order to do this
certain meta-data will be securely transferred between Users device and our service.
The terms and conditions stated below (collectively, the "Agreement") constitute a legal
agreement between you and Blackout (the Company,” “We,” “Our,” or “Us”). In order to
use our website and any of the services that We provide on Our website or other related
websites or mobile applications (collectively, the “Service”) you must agree to the terms and
conditions that are provided below. By using the Service you agree to be bound by the terms
and conditions of this Agreement, and any future amendments and additions to this
Agreement as published from time to time at If you do not agree
to the terms below, please do not use the Service.
If you have any questions or concerns about this Agreement please feel free to contact us at
1. Amendments
We reserve the right to modify this Agreement. Any modifications will be effective when we
post the updated version of this Agreement on our website, at . You are responsible for regularly reviewing this
Agreement, and your continued use of the Service or any software that we provide after any
changes have been made will constitute your consent to such changes. You can reject any
new, revised, or additional terms by discontinuing use of the Service and any software that
we provide under this Agreement.
2. Informed Consent to Use Lockmagic Services
2.1. What is Lockmagic?
Lockmagic, a service provided by Blackout Inc., is a service that securely encrypt and
decrypt digital assets (files, folders or any portion of data) using patented technology
which only requires exchanging meta-data, and not your personal digital assets, with
the service.
2.2. Provision of Services
By using Lockmagic you agree that Lockmagic will retain information about you and
the assets they you encrypt/decrypt using the service. This information includes,
your email, filename (potentially including its full path), date and location where it
was accessed.
3. Unacceptable Conduct
You are prohibited from violating or attempting to violate any security features of the
Service, including, without limitation:
3.1. Accessing content or data not intended for you, or logging onto a server or
account that is not your account or that you are not otherwise authorized to access;
3.2. Attempting to probe, scan, or test the vulnerability of the Service, or any associated
system or network, or to breach security or authentication measures without
proper authorization;
3.3. Interfering or attempting to interfere with Our services to any user, host, or
network, including, without limitation, by means of submitting a virus to the
Service, overloading, flooding, spamming, mail bombing, or crashing the Service;
3.4. Using the Service to send unsolicited e-mail, including, without limitation,
promotions, or advertisements for products or services;
3.5. Forging any TCP/IP packet header or any part of the header information in any e-
mail or in any posting using the Service; or
3.6. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise
reduce or attempt to reduce to any form any of the source code used by Us to
provide and maintain the Service.
Any violation of system or network security may subject you to civil liability, criminal
liability, or both.
4. Ownership of Intellectual Property; License to use User Data
4.1. Ownership of and Rights to Modify Service and Software
We retain all right, title, and interest in and to the Service, including without
limitation all software used to provide the Service and all intellectual property,
including, without limitation, all ideas, trademarks, copyrights, patents, and trade
secrets relating to the Service. This Agreement does not grant you any intellectual
property rights in or to the Service, software, or any of the components of the
Service, or any part of either. Further, We reserve the right to modify, suspend, or
discontinue the Service or part of the Service with or without notice. You agree that
We will not be liable to you or any third party for modifying, suspending, or
discontinuing the Service or Software, or any part of either.
4.2. User Feedback
If you provide Us with feedback, suggestions, and other information or ideas
regarding the Service (“Feedback”), you assign to Us all rights in the Feedback and
agree that We have the right to use the Feedback and related information in any
manner We deem appropriate. Feedback is non-confidential and non-proprietary,
and you agree that you will not submit any Feedback that you consider confidential
or proprietary.
4.3. License to use User Data
You grant to Us, and represent that you have the right to grant to Us, an
irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to use any
content your provide to Us (“User Data”) while using or accessing the Service or
Software. Our collection, use, and disclosure of any User Data is subject to Our
Privacy Policy, which is incorporated to this Agreement by reference.
4.4. Use of Software
We may make certain software available to you from the Service. If you download
software from the Service, the software, including all files and images contained in
the software, and accompanying data (the “Software”) will be licensed to you by Us
for your personal, non-commercial use only. We retain all rights, title, and interest
to the software and any intellectual property associated with the software.
You may not sell, redistribute, or reproduce the Software, or reverse-engineer,
disassemble, or otherwise convert the Software in any way or in any form. All
trademarks associated with the software are owned by Us or its licensors and you
are not granted any rights to use them for any purpose.
5. Fees and Purchase Terms
If we decide to charge for the service, you have the right to terminate use of the service.
Otherwise You agree to pay all fees or charges to your account for all fees, charges, and
billing terms in effect at the time the fee or charge is due. By providing Us with your
payment information, you agree that We are authorized to immediately invoice your account
for all fees and charges due to Us for the Service and that no additional notice or consent is
6. Access to Site and Service
Our Service is only for use by Users who reside outside territories and countries that U.S.
laws does not prevent exporting cryptographic technologies like North Korea, Sudan, Syria
and Iran, who also agree with these terms, and the Privacy Policy at By using the Service, you acknowledge that you abide
by these eligibility and residency requirements. It is Users responsibility to comply with your
local laws and regulation regarding encrypting digital assets and you as User and not Us are
liable for any penalties associated with this non-compliance.
7. Copyrights and Digital Millennium Copyright Act
7.1. Notice of Copyright Infringement. The Digital Millennium Copyright Act (the
"DMCA") provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S. copyright law. If you
believe in good faith that materials on the Service infringes your rights under U.S.
copyright law, you may send us a notice requesting that the material be removed.
The notice must include the following information:
7.1.1. The signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
7.1.2. Identification of the copyrighted work claimed to have been infringed;
7.1.3. Identification of the material that is claimed to be infringing or the subject of
infringing activity, and information that reasonably allows us to locate the
material on the Service;
7.1.4. Your name, address, telephone number, and email address (if available);
7.1.5. A representation that the you have a good faith belief that use of the material
in the manner complained of is not authorized by you (the copyright owner),
your agent, or the law; and
7.1.6. A representation that the information in the notice is accurate and, under
penalty of perjury, that you are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
7.1.7. Please be advised that we will not respond to complaints that do not meet
the requirements above. If we determine that the materials alleged to infringe
your rights do not require removal, we will remove those materials only
pursuant to a court order that declares the content or use of the materials
7.2. Counter-notices. If you believe that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send us a counter-notice.
Counter-notices must include the following information:
7.2.1. Your name, address, and telephone number;
7.2.2. A description of the source of the content that was removed;
7.2.3. A representation under penalty of perjury that you believe that the content
was removed in error;
7.2.4. A representation that you consent to the jurisdiction of Federal District
Court for the judicial district in which your address is located, or if your
address is outside of the United States, for any judicial district that We
choose, and that you will accept service of process from the person who
provided the original complaint; and
7.2.5. Your signature (physical or electronic is acceptable).
7.3. Updated Requirements. Notices and counter-notices with respect to the Service must
meet the then-current statutory requirements imposed by the DMCA and should be
sent to us through the address listed below. Please be aware that there can be
penalties for false claims under the DMCA.
ATTN: DMCA Copyright Claims Department
Blackout Inc.
15127 NE 124
St #541
Redmond, WA 98052
8. Privacy
We value the importance of your privacy. We take all reasonable steps to ensure that your
personal information remains confidential and secure. You can find more information
regarding our use of personal information in our Privacy Policy at . In order to provide the Service, we may need to send
certain communications to you, reminders, and announcements related to the Service or
Our other products, and other administrative messages.
9. Indemnification
You agree to fully indemnify Us, Our employees, directors, officers, and affiliates, from any
claims or damages resulting from your breach of this Agreement, your violation of any third
party rights, your violation of any laws, or your use or misuse of the Service, including,
without limitation, attorneys’ fees and costs incurred by Us.
10. Each Party’s Representations and Warranties
10.1. Your Identity
You warrant: (a) that you have accurately identified yourself through your account and
will maintain the accuracy of such identification;
10.2. Right to Do Business
Each party warrants that it has the full right and authority to enter into, execute, and
perform its obligations under this Agreement and that no pending or threatened claim
or litigation known to it would have a material adverse impact on its ability to perform
as required by this Agreement.
10.3. Disclaimers
Except for the express representations and warranties specified in this section, the
Service is provided “as is” and as available, and We disclaim all warranties, either
express or implied, including without limitation any implied warranties of
merchantability, fitness for a particular purpose, or non-infringement of intellectual
property rights, to the fullest extent permitted by applicable law. Without limiting the
general nature of the previous sentence, (a) We have no obligation to indemnify or
defend you against claims related to infringement of intellectual property rights; (b)
although We make Our best efforts to keep the Service up and running, We do not
warrant that the Service will perform without error or immaterial interruption; (c)
although We make Our best efforts to keep the Service free of any viruses or other
harmful components, We cannot make any guarantees, thus We do not warrant that
the Service will be free of viruses or other harmful components.
Limitation of Liability
You agree that in no event will Our liability arising out of or related to this Agreement exceed
$100.00. In no event will we be liable for any consequential, indirect, special, incidental, or punitive
damages. Further, we are not liable or otherwise responsible for any damages resulting from your
reliance on the completeness, accuracy or existence of any advertising, or as a result of any
relationship or transaction between you and any third party whose advertising appears on the Service
or is referred by the Service.
If applicable law limits the application of any part of this section, Our liability will be limited to the
maximum extent permissible.
11. Internet Problems
The Service may be subject to limitations, delays, outages, and other problems that are
inherent in the use of the internet, software, and other electronic communications. We are
not responsible for such delays, failures, or any damages that result from such problems.
12. Termination; Cancellation; and Refunds
You may deactivate your account by sending an email to We may
suspend or terminate your use of the Service, your account for any reason at any time. We
reserve the right to maintain, delete, or destroy all communications and materials posted or
uploaded to the Service pursuant to its internal record retention and content destruction
policies. After termination, we will have no further obligation to provide the Service to you,
except to the extent we are obligated to provide you access to your health records or
Providers are required to provide you with continuing care under their applicable legal,
ethical and professional obligations to you.
12.1. No Refunds for Cancellation of Subscription
By subscribing to the Service, You agree to pay for the specific plan you choose.
Unless good reason exists (within Our sole discretion), We will not issue refunds if
you decide to cancel your subscription prior to using all of the minutes in your
13. General
13.1. Notices
We may send notices pursuant to this Agreement to you via your e-mail address
listed on your account, and such notices will be deemed received by you three days
after they are sent. You may send notices pursuant to this Agreement to us at, or 15127 NE 124
St #541 Redmond, Washington, 98052,
and such notices will be deemed received by us three days after they are sent.
13.2. No Waiver
Neither party will be deemed to have waived any of its rights under this Agreement
by lapse of time or by any statement or representation other than by explicit written
waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior
or subsequent breach of this Agreement.
13.3. Assignment & Successors
Neither party may assign this Agreement or its right or obligations under this
Agreement, except We reserve the right to assign this Agreement or any of Our
rights or obligations under this Agreement without your consent as part of a merger,
acquisition, or any other change of control of the Our company. This Agreement will
be binding upon and inure to the benefit of the respective successors and assigns of
the parties.
13.4. Streamlined Arbitration
Any dispute, claim or controversy arising out of or relating to this Agreement or the
breach, termination, enforcement, interpretation or validity of this Agreement,
including the determination of the scope or applicability of this agreement to
arbitrate, will be determined by arbitration in Redmond, Washington, before an
arbitrator. The arbitration will be administered by JAMS pursuant to JAMS'
Streamlined Arbitration Rules and Procedures. Judgement on the award may be
entered in any court having jurisdiction. This clause shall not preclude parties from
seeking provisional remedies in aid of arbitration from a court of appropriate
13.5. Choice of Law & Jurisdiction
This Agreement will be governed solely by the internal laws of the State of
Washington, without reference to any principles of conflicts of law. The parties
consent to the personal and exclusive jurisdiction of the federal and state courts in
King County, Washington.
13.6. Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. If
for any reason any provision of this Agreement is held to be invalid or unenforceable
to any extent, then (a) the provision will be interpreted, construed, or reformed to
the extent reasonably required to render the provision valid, enforceable, and
consistent with the original intent underlying such provision; (b) the provision will
remain in effect to the extent that it is not invalid or unenforceable; and (c) the
invalidity or unenforceability of the provision will not affect any other portion of this
13.7. Entire Agreement
This Agreement is the entire agreement of the parties and supersedes all prior
agreements as to the use of the Service. If you have any questions or concerns
regarding any of the terms above, please feel free to contact us at
Blackout Inc.
15127 NE 124
St #541
Redmond, Washington 98052