End User License Agreement
PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP OR BROWSER EXTENSION. By clicking the “accept” or “ok” button and in any event by installing and/or using the Safehouse mobile application (the “Safehouse App”) (formerly known as Bodyguard Mobile Security) or the Safehouse Extension ( the “BE”) (formerly known as Bodyguard Browser Extension), you expressly acknowledge and agree that you are entering into a legal agreement with Safehouse Technologies Ltd (“Safehouse”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement”). You hereby waive any applicable rights to require an original (non-digital) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the Safehouse App and/or BE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE EXTENT THAT CONSUMER PROTECTION OR LOCAL LAWS OR REGULATIONS GRANT YOU MANDATORY OR STATUTORY RIGHTS, THIS AGREEMENT SHALL ONLY LIMIT SUCH RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAWS OR REGULATIONS.
Eligibility. By installing the Safehouse App and/or BE you affirm that you are over eighteen (18) years of age and have full ability and power to enter into this Agreement.
Scope of License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download and install the Safehouse App and/or BE on a mobile phone, tablet, device or Computer (each a “Device”) (whichever may be relevant based on the product you purchased) that you own, control or are legally entitled to use; and (ii) access and use the Safehouse App and/or BE on that Device in accordance with this Agreement and any applicable Usage Rules (defined below). You may not rent, lease, lend, sell, redistribute or sublicense the Safehouse App and/or BE. This License is granted for the sole purpose of authorizing you, as an individual, to use and enjoy the Safehouse App’s and/or BE’s benefits for your personal use. For clarity, nothing in this Agreement permits you to make use of the Safehouse App and/or BE for commercial purposes or for the benefit of any entity, whether commercial or non-profit, such as a corporation, partnership, or other business entity or any non-profit organization.
License restrictions on use. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend, rent or otherwise commercially exploit the Safehouse App and/or BE; (ii) make the Safehouse App and/or BE available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) access, disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the Safehouse App and/or BE; (iv) copy (except for back-up purposes), modify, transform, improve, or create derivative works of the Safehouse App and/or BE or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Safehouse App and/or BE, or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Safehouse App and/or BE; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Safehouse App and/or BE; (vii) use any communications systems provided by the Safehouse App and/or BE to send unauthorized and/or unsolicited commercial communications or for illegal purposes, including violations of applicable laws and/or third party rights; (viii) use the Safehouse name, logo or trademarks without our prior consent (written); and/or (ix) use the Safehouse App and/or BE to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement or violates third party rights.
Safehouse App and/or BE Usage conditions. If you are downloading the Safehouse App and/or BE from a third-party platform or service provider (“Distributor”) such as, without limitation, Apple’s Appstore, Google Play, or the Chrome Web Store, please be aware that the Distributor may have established usage rules which also govern your use of the Safehouse App and/or BE (“Usage Rules”). Usage Rules may be applicable depending on where the Safehouse App and/or BE has been downloaded from. You acknowledge that, prior to downloading the Safehouse App and/or BE from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the Safehouse App and/or BE are deemed incorporated into this Agreement by this reference. You represent and warrant that you are not prohibited by any applicable Usage Rules and/or applicable law and/or any third party right from using the Safehouse App and/or BE; if you are unable to make such a representation you are prohibited from downloading, installing and/or using the Safehouse App and/or BE.
Payments. The use of the Safehouse App and/or BE and, therefore, the License granted hereunder, is subject to the monthly or annual payment (the “Fees”). Please be aware that any failure to pay applicable Fees may result in you not having, or losing, access to some, or all of parts of the Safehouse App and/or BE. In consideration for the Safehouse App and/or BE, as the case may be, you will have to pay the applicable, non-refundable Fees as set forth therein. Your payment may be processed through a third party payment processing service, and additional terms may apply to such payments. We reserve the right to use other third party payment processing services for such purposes in the future. All amounts payable under this Agreement are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, good and service, withholding, and other direct or indirect taxes, charges, levies and duties. For all versions of the Safehouse App and/or BE, we reserve the right in the future to charge a fee for features and/or uses which are currently made available free of charge. Any failure to pay applicable charges may result in you not having access to some or all of the parts of the Safehouse App and/or BE.
Subscription. Depending on the territory you are in, you may have the option to subscribe to the Safehouse App and/or BE on an annual or monthly basis at the time of purchase. Safehouse reserves the right to revise and update the applicable Fees for subscription and the different subscription packages available, at any time and at its sole discretion. Any such revision or updates to the Fees will apply prospectively to any subscription entered into following the effective date of the Fee revision or update.
Free Trials. We may offer a free trial period of the Service (“Trial Period”). The Trial Period, if any, shall commence on the date that you commence access to or use of the Safehouse App and/or BE (the earlier to occur) and will conclude at the end of the Trial Period displayed on the Safehouse App and/or BE, or sooner if: (i) you upgrade your Account by beginning to pay the applicable Fees for the Safehouse App and/or BE; or (ii) your use of the App or BE is terminated in accordance with this Agreement. You acknowledge and agree that Agreement is applicable and binding upon you during the Trial Period and that Safehouse: (a) does not make any commitments or warranties in connection with the App or BE during the Trial Period; and (b) may send you, subject to your opting out, communications and other notices about the Safehouse App and/or BE to your email address. We reserve the right to modify, cancel and/or limit this Trial Period offer at any time. Unless otherwise stated by Safehouse in respect to specific promotions, free trials are only available to new Safehouse App and/or BE users, and Safehouse reserves the right to cancel any free trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different account or using a different email address or phone number. Furthermore, any attempts to register for a further free trial on the same Account or using the same email address may result in you being charged for the applicable subscription Fees. After the Trial Period, your subscription will renew automatically at the full subscription Fees unless you cancel your subscription before the end of the Trial Period. To cancel your subscription during the Trial Period, please refer to the instructions set out below under “Auto renewal of subscription”.
Auto renewal of subscription. Your subscription will automatically renew unless you cancel it at least 48 hours before the end of the current billing period. However, you may cancel your subscription at any time by reaching out to firstname.lastname@example.org and providing your full name, phone number and email address that match your Account. Upon such cancellation, you will be entitled to access the subscription services on the Safehouse App and/or BE only for the remainder of the duration that you have paid for.
Cancellation and refund of subscription Fees.
Where you have subscribed to the Safehouse App and/or BE through a Distributor, the cancellation and refund of subscription Fees (if any) will be governed by the applicable Usage Rules .
Where you have subscribed for the Safehouse App and/or BE through our website, and to the extent permissible by law the cancellation and refund of subscription Fees shall be as follows:
You may change your mind and receive a refund of the subscription Fees within fourteen (14) days starting from the day you subscribed to the Safehouse App and/or BE through our website; and
If you sign up for a Trail Period, you may receive a refund of the subscription Fee only within 14 days starting from the first day of the Trial Period.
Without derogating from the above, you may notify us of your intention to cancel your subscription at any time, such notice will only take effect at the end of your then current subscription period, and you will not be entitled to receive a refund.
Connection. Please be aware that your use of the Safehouse App and/or BE may require and utilize internet connection, data access, OS (android or iOS operating system) or certain updated or upgraded version of certain OS or browsers. To the extent that third parties, including service providers or carriers, charges for your internet or data usage or any of the aforementioned concepts are applicable, you agree to be solely responsible for those charges and understand that failure to pay for such concepts may result in you not having, or losing, access to some, or all of the Safehouse App and/or BE.
Information Description. We attempt to be as accurate as possible. However, we cannot, and do not, warrant that the Safehouse App and/or BE, the Features, the Content and/or the Materials are accurate, complete, reliable, current, error-free or virus-free. We reserve the right to make changes of any kind in or to such concepts, or any part thereof without the requirement of giving you any notice prior to or after making such changes.
Third Party Open Source Software. Portions of the Safehouse App and/or BE may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). A list of any third party open source software and related Third Party Terms can be requested to SafeHouse by sending an email to email@example.com. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third-party open source software. Notwithstanding anything in this Agreement to the contrary, SafeHouse makes no warranty or indemnity hereunder with respect to any third party open source software.
Intellectual Property Rights.
Safehouse App and/or BE Ownership: The Safehouse App and/or BE are licensed as described herein and not sold, assigned or transferred to you under this Agreement and you acknowledge that Safehouse and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Safehouse App and/or BE (and its related software and know how). We reserve all rights not expressly granted herein to the Safehouse App and/or BE. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, designs, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
Safehouse App and/or BE information: The content on the Safehouse App and/or BE or generated by Safehouse App and/or BE, including without limitation, the text, information, statistics, analytics, threat reports, threat descriptions, documents descriptions, products, software, graphics, photos, sounds, videos, interactive features, the Safehouse App’s and/or BE’s uses and, broadly speaking, our services (the “Materials”), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials the “Content”), is the property of Safehouse and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. You shall not violate any Intellectual Property Rights with respect to the Safehouse App and/or BE, the Materials and the Content. “Safehouse” and the logo are Marks of Safehouse and its affiliates. All other Marks used on the Safehouse App and/or BE are the trademarks, service marks, or logos of their respective owners. You shall not violate them.
Use of information: The content on the Safehouse App and/or BE is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited or marketed for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
Feedback: We always appreciate feedback or other suggestions, but please note that we will own them and we may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Limited Warranty and Disclaimers
NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAFEHOUSE APP AND/OR BE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, INCLUDING, FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, UTILITY, TITLE, NON-INFRINGEMENT, USAGE, PERFORMANCE, SATISFACTORY QUALITY, INTEGRATION, APPLICABILITY FOR A PARTICULAR USE AND ANY OTHER WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW.
IT IS NOT WARRANTED THAT SAFEHOUSE SERVICE WILL WORK UNINTERRUPTED, TIMELY, AND WE MAKE NO WARRANTY THAT THE SAFEHOUSE APP AND/OR BEWILL PROTECT AGAINST ALL POSSIBLE THREATS AND ATTACKS OR OTHER FAILURES OR THAT THE APP AND BE WILL MEET YOUR REQUIREMENTS. YOU ARE ADVISED NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE APP AND BE. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THE USE OF THE SAFEHOUSE APP AND/OR BE AND/OR SERVICE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM YOUR USE OF THE SAFEHOUSE APP AND/OR BE AND/OR FOR ANY TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. ALSO, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAFEHOUSE DOES NOT OFFER ANY WARRANTY REGARDING THE PERFORMANCE OF SOFTWARE AND SHALL NOT ENTERTAIN ANY CLAIM REGARDING THE SAME. SAFEHOUSE MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED APP/BE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED APP/BE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED.
You understand and accept that, to the maximum extent permitted by law, this Safehouse App and/or BE will be updated from time to time, subject to the following and Safehouse expressly disclaims any and all liabilities arising from the following circumstances:
Incompatibility caused by any software and/or hardware components installed on your device;
Any actions initiated by you or by third parties which were beyond the control Safehouse;
Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than Safehouse, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism;
The deficiencies, defects in your device and related infringements;
Your violations of the terms and conditions described in the user manual or in this Agreement.
Inability of Safehouse support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.
Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
General Disclaimers. To the maximum extent permitted by law, you agree, accept, and acknowledge:
That you are solely responsible for the configuration of the software, settings, and the actions or inactions that result from such actions and Safehouse shall not have and shall assume no liability/responsibility in any case and the Clause of Indemnification shall be applicable.
That Safehouse shall not have and shall assume no liability and/or responsibility for any data deletion, including, but not limited to, any deletion or loss of personal, and/or confidential data; and/or uninstallation of third-party apps; and/or change in settings; specifically authorized by you or occurs due to the actions, inactions (whether intentional or not) by you or any third party whom you have authorized to use, handle your device due to features of this software.
That to avail/use certain features of the software such as updates and upgrades, you may be required to incur certain costs and that Safehouse does not warrant that the usage of certain features of the software are free of cost and that Safehouse shall not entertain and expressly disclaims, any claim for reimbursement of any expenses, including, but not limited to, any direct or incidental expenses arising out of your usage of such features of this software.
That you agree that your use of the Safehouse App and/or BE is at your own risk, and that you will not use the Safehouse App and/or BE to violate any applicable law, regulation, policies, or instructions as outlined in this Agreement and you will not encourage or enable any other individual to do so. Also, you are solely responsible and shall comply with all applicable laws, regulations of India and any other applicable foreign/trans-national laws, including, without limitation, privacy, data protection, obscenity, confidentiality, copyright laws for using any report, data, information derived as a result of using this software.
That while using this software, Safehouse suggests some actions to be initiated by you in your sole benefit, for example “Safehouse software may suggest you to uninstall infected applications”, however such actions are suggestive and Safehouse takes no responsibility and/or liability if you perform such actions or not and Safehouse assumes no responsibility and/or liability for any result or liability arising out of such actions and/or inactions.
Third-Party Website Links. This Safehouse App and/or BE may include links to the third-party websites; you may redirect to such third-party websites as the user of this software. The third-party sites are not under the control of Safehouse and Safehouse is not responsible for the content of any third-party websites and/or any links contained in the third-party websites. Safehouse is providing these links to the third-party websites to you only for your convenience and Safehouse is not responsible for any kind of loss/ damage arising out of it and the access to or any other act on such third-party links shall be entirely at your risk.
Cyber Sachet insurance policy
Without derogating from the above, depending on the territory you are in, you may have the option to subscribe for HDFC Ergo Cyber Sachet Insurance Policy (the “Insurance Policy”), being offered in the App. You hereby acknowledge and informed that although the Insurance Policy might be offered in the Safehouse App and/or BE, Safehouse is neither an agent, corporate agent, related party nor intermediary of HDFC Ergo.
By agreeing to subscribe to the Insurance Policy, you hereby agree that the employees/representatives of HDFC Ergo may contact you either electronically or through phone, to understand and fulfil your requirement. You also agree that HDFC Ergo reserves the right to make your details available to its affiliates and partners and you may be contacted by the affiliates and partners for information and for sales through email, telephone and/or sms. You agree to receive promotional materials and/or special offers from HDFC Ergo through email or sms.
Please note that the Insurance Policy is being offered solely by HDFC Ergo and accordingly the use of the Insurance Policy will be in compliance with the applicable terms and conditions prescribed by HDFC Ergo in this regard. It is important to understand that insurance is a subject matter of solicitation and market risks. It is the responsibility of the customer to understand the limitations of insurance policies and the risks involved, and under no circumstance, form or manner, do we take any liability in such cases. We also recommend you to please read the subject and offer documents carefully.
Safehouse does not make any representation or warranty concerning the Insurance Policy and does not implicitly or explicitly support or endorse the sale or purchase of the Insurance Policy. Also, Safehouse is not responsible for any non-performance or breach of the terms and conditions of the Insurance Policy by HDFC Ergo. Safehouse cannot and does not guarantee the processing of the claims, if any, initiated by any customer under the Insurance Policy. Safehouse shall also not be required to mediate or resolve any dispute or disagreement between any customer and HDFC Ergo.
Without derogating from Section 19 below, you hereby release and indemnify Safehouse and/or any of its group entities, affiliates, respective officers, directors, employees and agents from any cost, damage, liability or other consequence concerning or related to the Insurance Policy and specifically, to the extent permitted by applicable law, waive any claims that you may have in this behalf under any applicable law.
Without derogating from Section 19 below and to the extent permitted by applicable law, Safehouse is not liable, and you agree not to hold us responsible, for any damages or losses or any direct, special, indirect, consequential, incidental, punitive or exemplary loss or damages arising (directly or indirectly) from or in connection with your subscription to the Insurance Policy.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Export Laws and regulations. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Safehouse App and/or BE (including the Features, the Content and the Materials) nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
Indemnification. Limitation of liability.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless SafeHouse and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Safehouse App and/or BE (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL SAFEHOUSE AND/OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, DISTRIBUTORS SHALL BE LIABLE FROM ANY AND AGAINST ALL CLAIMS, EXPENSES, SUITS, COSTS, DEMANDS, JUDGMENTS WHATSOEVER MADE BY YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, DAMAGES FOR LOSS OF CONFIDENTIAL INFORMATION, LOSS OF DATA, FAILURE TO MEET ANY STATUTORY DUTY/DUTY OF REASONABLE CARE/DUTY IN GOOD FAITH, ECONOMIC/NOTIONAL LOSS, LOSS FOR BUSINESS INTERRUPTION, GOODWILL, DAMAGE AND LOSS OF DATA OR PROGRAMS, OR OTHER INTANGIBLE LOSSES (EVEN IF SAFEHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INLCUDING, WITHOUT LIMITATION: (I) ARISING DUE TO YOUR USAGE OF THIS SOFTWARE; (II) YOUR NEGLIGENCE OR INABILITY OF USING THE SOFTWARE OR SUPPORT; (III) ANY DISPUTE BETWEEN YOU AND THIRD PARTY WITH RESPECT TO AVAILING THIS SOFTWARE; (IV) YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER INDIVIDUAL AND/OR ENTITY; (V) YOUR BREACH OF THE AGREEMENT; (VI) YOUR VIOLATION OF ANY PROVISIONS UNDER ANY LAWS/STATUTES/ACTS, INCLUDING, WITHOUT LIMITATION, IN INDIA OR OTHER COUNTRY; AND/OR (VII) THE FAILURE OF SAFEHOUSE TO PROVIDE SUPPORT SERVICE OR ANY OTHER SERVICE/INFORMATION. THIS LIMITATION WILL APPLY TO ALL CAUSES OF ACTION WHETHER ARISE IN EQUITY OR TORT, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND HEREBY RELEASE SAFEHOUSE AND/OR ITS DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES IN EXCESS OF THE LIMITATION STATED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN THE EVENT, YOU UNDERSTAND AND ACCEPT THAT THE COMBINATED LIABILITY OF SAFEHOUSE, ITS AFFILIATES, DIRECTORS, AGENTS, EMPLOYEES AND/OR DISTRIBUTORS FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SAFEHOUSE APP AND/OR BE AND/OR THE ACCOUNTS SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO SAFEHOUSE DIRECTLY BY YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. This Clause shall survive the termination of this Agreement.
Updates and Upgrades. We may from time to time provide updates or upgrades to the Safehouse App and/or BE (each a “Revised version”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. To the maximum extent permitted by law, you consent to any such automatic updating or upgrading of the Safehouse App and/or BE. All references herein to the Safehouse App and/or BE shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Safehouse App and/or BE, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
Term and Termination.
This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Safehouse App and/or BE; and/or (ii) terminate this Agreement and your use of the Safehouse App and/or BE with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Safehouse App and/or BE in any way, your only recourse is to immediately discontinue use of the Safehouse App and/or BE.
Upon termination of this Agreement, you shall cease all use of the Safehouse App and/or BE. This Section 21 and Sections 13 (Intellectual Property Rights), 14 (Warranty Disclaimers), 17 (Cyber Sachet insurance policy), 19 (Indemnification. Limitation of Liability), and 22 (Modifications) to 24 (General) shall survive termination of this Agreement.
Modifications. We reserve the right to modify this Agreement at any time by sending you an in-App/in BE notification and/or publishing the revised Agreement on the Safehouse App and/or BE. Such change will be effective immediately following the foregoing notification thereof, and your continued use of the Safehouse App and/or BE thereafter means that you accept those changes.
Governing Law and Disputes. Notwithstanding anything to the contrary and to the fullest extent permissible by law, this Agreement shall be governed by and construed in accordance with the laws of the Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel-Aviv Yafo, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. Nothing in this Agreement shall limit your rights under applicable mandatory law.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by SafeHouse without restriction or notification. This Agreement, and any other legal notices published by us in connection with the Safehouse App and/or BE, shall constitute the entire agreement between you and Safehouse concerning the App and BE. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Safehouse without restriction or notification. No amendment to this Agreement will be binding unless in writing and signed by Safehouse. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Nothing in these terms shall limit your rights under applicable mandatory law.
You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government or by India, Singapore, Australia, US, UK and European Union or the European Economic Area as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government or Israel list of prohibited or restricted parties.
If you have any questions, complaints, or claims regarding the Safehouse App and/or BE, please contact Safehouse at: firstname.lastname@example.org
By entering into this Agreement, you, to the maximum extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements
© 2022 (Safehouse Technologies Ltd). All rights reserved.