Terms of Service

Last Updated: August 1st, 2023

PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE AGREEMENT (THE “TERMS“). SAFEME INC. (“SAFEME,” “WE,” or “US“) PROVIDES ACCESS TO AND USE OF THIS WEBSITE AND ANY OTHER WEBSITES OF SAFEME (COLLECTIVELY, THE “WEBSITE“), AS WELL AS THE SERVICE AND APPLICATIONS DESCRIBED IN THESE TERMS. BY ACCESSING OR USING THE WEBSITE IN ANY MANNER, INCLUDING UTILIZING THE SERVICES AND RESOURCES AVAILABLE THROUGH THE WEBSITE OR APPLICATIONS (THE “SERVICE“), DOWNLOADING SAFEME APPLICATIONS FOR MOBILE DEVICES (EACH AN “APPLICATION,” AND TOGETHER, THE “APPLICATIONS“), COMPLETING THE REGISTRATION PROCESS, OR SIMPLY BROWSING THE WEBSITE, YOU DECLARE THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO ABIDE BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SAFEME, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE IDENTIFIED AS THE CUSTOMER AND TO BIND THAT COMPANY TO THESE TERMS. WHEN WE REFER TO “YOU,” IT MEANS THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THIS WEBSITE OR THE SERVICE.

IF YOU SUBSCRIBE TO THE SERVICES FOR A SPECIFIC TERM (THE “INITIAL TERM”), THE TERMS WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SAFEME’S THEN-CURRENT FEE FOR SUCH SERVICES, UNLESS YOU OPT NOT TO RENEW YOUR SUBSCRIPTION AS PER SECTION 6.5 BELOW.

PLEASE NOTE THAT THESE TERMS INCLUDE A REQUIREMENT FOR MANDATORY ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS, INSTEAD OF USING JURY TRIALS OR CLASS ACTION LAWSUITS. YOU CAN VIEW THE FULL TERMS IN SECTION 10.5 BELOW.

PLEASE BE AWARE THAT THE TERMS ARE SUBJECT TO MODIFICATION BY SAFEME AT ITS SOLE DISCRETION AND AT ANY TIME. In the event of any changes, SafeMe will provide an updated version of the Terms of Service on the Website. The “Last Updated” date at the top of the Terms will also be revised. If substantial alterations are made and you have registered to use the Service, we will additionally send an email to the last email address you provided to us according to the Terms. Any revisions to the Terms will take immediate effect for new users of the Website or Service and for any other users who expressly agree to them. Otherwise, such changes will become effective thirty (30) days after the notice of such changes is posted on the Website for existing users (each, a “Registered User“). However, any material changes shall be effective for Registered Users upon the earlier of thirty (30) days after the notice is posted on the Website or thirty (30) days after the dispatch of an email notice of such changes to Registered Users. SafeMe may require you to agree to the updated Agreement in a manner specified before further use of the Website or the Service is permitted. If you do not agree to any of the proposed change(s) after receiving notice of such change(s), you must discontinue using the Website and/or the Service. Otherwise, your continued use of the Website and/or Service shall constitute your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

1. SafeMe Service Description.

SafeMe provides a comprehensive range of tools, applications, web services, and widgets intended to enable users to securely store their data and maintain privacy in the dynamic technological environment.

2. Use of the Service and SafeMe Properties.

The Application, the Software, the Website, the Service, and all information and content available on or through the aforementioned elements (collectively referred to as the “SafeMe Properties“) are exclusively owned by SafeMe and its licensors. These SafeMe Properties are safeguarded by copyright laws worldwide. Subject to the Terms, SafeMe grants you a limited license to reproduce certain portions of the SafeMe Properties solely for the purpose of utilizing them for your personal, non-commercial use. Unless explicitly stated otherwise in a separate license by SafeMe, your right to access and use any SafeMe Properties is contingent upon compliance with these Terms. SafeMe and its licensors reserve all rights not expressly granted in this context.

2.1 Application License.

Application License. In adherence to your compliance with the Terms, SafeMe hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license. This license entitles you to download, install, and utilize a single copy of the Application on a mobile device or computer under your ownership or control. The sole purpose of running this copy of the Application is for your personal use. Moreover, in the case of any Application accessed or downloaded from the Apple App Store (“App Store Sourced Application“), you may solely use the App Store Sourced Application (i) on an Apple-branded product operating on iOS (Apple’s proprietary operating system) and (ii) in accordance with the “Usage Rules” as delineated in the Apple App Store Terms of Service.

2.2 SafeMe Software.

The use of any software and its accompanying documentation, except for the Application, which is made available through the Website or the Service (“Software“), shall be subject to the Terms. You are expressly prohibited from engaging in any copying or redistribution of the Software, including its transfer to any other server or location, as well as using it on a service bureau basis. In the event that the Software is provided as a pre-release version, any commercial or production purposes are strictly disallowed. SafeMe hereby grants you a non-assignable, non-transferable, non-sublicensable, and revocable non-exclusive license. This license is intended solely to enable your usage of the Software for the purpose of accessing the Service in accordance with the provisions set forth in the Terms. Certain Software may be offered under an open source license, and you will be provided access to the relevant terms of such license. Should there be any provisions in the open source license that explicitly supersede any aspects of the Terms, they shall prevail accordingly.

2.3 Updates.

It is acknowledged that the SafeMe Properties undergo continuous improvement and evolution. As a result, SafeMe may require users to accept updates to the Application or Software installed on their computer or mobile device. By using the SafeMe Properties, users explicitly understand and consent that SafeMe retains the right to update the Application or Software, with or without prior notification. These updates shall be governed by the prevailing Terms and Conditions. Additionally, it is important to be aware that certain versions of the Application or Software may become obsolete, necessitating users to promptly update to the latest version to ensure uninterrupted access to the SafeMe Properties. SafeMe will make reasonable efforts to notify users of essential updates to facilitate compliance with these requirements.

2.4 Certain Restrictions.

The rights bestowed upon you under these Terms are subject to the following explicit restrictions:

(a) You shall not engage in licensing, selling, renting, leasing, transferring, assigning, reproducing, distributing, hosting, or any other form of commercial exploitation of the SafeMe Properties.
(b) You shall not frame or utilize framing techniques to enclose any SafeMe trademark or logo, including but not limited to images, text, page layout, or form.
(c) You shall not employ any metatags or other “hidden text” using SafeMe’s name or trademarks.
(d) Modification, translation, adaptation, merging, creation of derivative works, disassembling, decompiling, reverse compiling, or reverse engineering any part of the SafeMe Properties is prohibited, except where expressly permitted by applicable law.
(e) You shall refrain from attempting or engaging in potentially harmful actions directed against the SafeMe Properties, including but not limited to violating or attempting to violate any security features, using manual or automated software, devices, or processes (such as spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data, or introducing viruses, worms, or similar harmful code into the SafeMe Properties.
(f) Accessing the SafeMe Properties to develop a similar or competitive website, application, or service is not allowed.
(g) Except as expressly stated herein, no part of the SafeMe Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
(h) You shall not remove or destroy any copyright notices or other proprietary markings found on or in the SafeMe Properties.
(i) Using the SafeMe Properties in a manner that could damage, disable, overburden, or impair SafeMe’s systems or networks, or interfere with any other party’s use and enjoyment of the SafeMe Properties, including, but not limited to, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the SafeMe Properties, is strictly prohibited.
(j) Attempting to gain unauthorized access to any computer systems or networks associated with the SafeMe Properties is not permitted.
(k) Any future release, update, or addition to the SafeMe Properties shall be governed by these Terms. SafeMe, its suppliers, and service providers reserve all rights not explicitly granted in these Terms. Any unauthorized use of the SafeMe Properties will result in the termination of the licenses granted by SafeMe pursuant to these Terms.

2.5 Third-Party Materials.

The Service may provide links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SafeMe. Please note that we do not endorse or take responsibility for any such third-party sites, information, materials, products, or services. Should you access any third-party website, service, or content from SafeMe, you understand that these Terms and our Privacy Policy will not apply to your use of such sites. You explicitly acknowledge and agree that SafeMe shall not be held responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

The Service may feature advertisements, which might be targeted to the Content or information on the Service, or other relevant information. The types and extent of advertising by SafeMe on the Service are subject to potential changes. In exchange for granting you access to and use of the Service, you consent to SafeMe and its third-party providers and partners displaying such advertising in connection with the display of content or information submitted by you or others.

2.6 Privacy.

The use of the Service is also governed by our Privacy Policy, which can be found at www.secureprivatevault.com/privacy. By using the Service, you signify that you have read and agree to our Privacy Policy.

2.7 Additional Terms

Certain Services we offer may be subject to additional terms and conditions (“Additional Terms“). In the event that any Additional Terms are applicable to a particular Service, we will ensure they are made accessible for your review while using that Service. Your utilization of that Service constitutes your agreement to abide by the Additional Terms.

3. Registration.

3.1 Registering Your Account.

To access specific features of the SafeMe Properties, you may need to become a Registered User. As per the Terms, a “Registered User” refers to a user who has successfully registered an account on the Application (“Account“).

3.2 Registration Data.

When registering for the Service, you are required to provide truthful, accurate, current, and complete information about yourself as prompted in the Service’s registration form (referred to as the “Registration Data“). It is also your responsibility to maintain and promptly update the Registration Data to ensure its accuracy and completeness. By registering, you affirm that you are at least eighteen (18) years old, of legal age to enter into a binding contract, and not prohibited from using the Service under the laws of the United States, your place of residence, or any other applicable jurisdiction.

You undertake to monitor your Account to prevent access by minors and accept full responsibility for any unauthorized use of the SafeMe Properties by minors. In case you provide information that is untrue, inaccurate, not current, or incomplete, or if SafeMe has reasonable grounds to suspect so, SafeMe retains the right to suspend or terminate your Account and deny any current or future usage of the SafeMe Properties (or any part thereof).

Creating an Account using false identity or information, or on behalf of someone else, is strictly prohibited. You agree to maintain only one Account per platform at any given time. Additionally, you are not allowed to create an Account or use the SafeMe Properties if you have been previously removed or banned from the Service by SafeMe.

3.3 Activities Under Your Account.

You are solely responsible for all activities that take place under your Account. It is strictly prohibited to share your Account credentials or password with any other individual. You agree to promptly inform SafeMe in the event of any unauthorized use of your password or any breach of security. Additionally, it is your responsibility to log out of your Account at the conclusion of each session.

3.4 Necessary Equipment and Software.

To access the SafeMe Properties, you are responsible for providing all the required equipment and software, including, but not limited to, a suitable mobile device when utilizing the mobile component of the Service. Please note that the suitable mobile device may need to be updated to run our latest updates to the Application or Software. Additionally, any fees incurred for Internet connection or mobile usage while accessing the SafeMe Properties are solely your responsibility.

4. Responsibility for Content.

4.1 Types of Content.

You recognize that all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, and/or other materials accessible through the SafeMe Properties, whether publicly posted or privately transmitted (collectively referred to as “Content“), are the sole responsibility of the party who originally created or uploaded such Content. This signifies that you, and not SafeMe, bear complete responsibility for any Content that you upload, post, email, transmit, or otherwise make available (“Make Available“) through the SafeMe Properties, referred to as (“Your Content“).

5. User Conduct.

As a prerequisite for using the SafeMe Properties, you agree not to engage in any activity that is prohibited by the Terms or by applicable law. You shall not, and shall not permit any third party to (a) take any action or (b) Make Available any Content on or through the Website and the Service that:

(i) Infringes or violates any patent, trademark, trade secret, copyright, contractual right, right of publicity, or other right of any person or entity.
(ii) Contravenes any acceptable use or other information technology policy that may apply to your use of any computer system or network.
(iii) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane.
(iv) Constitutes unauthorized or unsolicited advertising, junk or bulk email.
(v) Involves commercial activities and/or sales without SafeMe’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes.
(vi) Impersonates any person or entity, including any employee or representative of SafeMe.
(vii) Is deemed inappropriate in any other manner as determined by SafeMe at its sole and reasonable discretion.

6. Fees and Purchase Terms.

6.1 General Purpose of Terms: Service, not Software Sale.

The main purpose of these Terms is to give you access to the Services we offer. Any fees you pay under these Terms are solely for enabling your access to these Services. It’s important to note that these fees are not payment for buying, licensing, or using SafeMe’s Software or Application separately. Instead, any use of SafeMe’s Software or Application is meant to support your access to the Services as described in these Terms.

6.2 Payment.

You agree to pay all fees or charges associated with your Account based on the applicable fees, taxes, charges, and billing terms at the time of payment. SafeMe uses specific payment services (“Payment Provider“) to collect payments. You will need to provide valid account information for the chosen Payment Provider.

Your use of the designated credit card or payment method will be governed by the agreement you have with the Payment Provider, so please refer to that agreement to understand your rights and obligations related to payment.

Keep in mind that SafeMe reserves the right to modify prices and billing methods at any time.

6.3 Service Subscription Fees.

When you create your Account and select the subscription term for any Services, you will be responsible for paying the applicable fee (referred to as a “Service Subscription Fee“). This fee is due at the time of creating your Account and selecting the subscription term (known as the “Service Commencement Date“). Please note that, except as otherwise stated in the Terms, all fees for the Services are non-refundable.

The contract for the Services will only be considered valid once SafeMe or the designated Payment Provider (such as Apple or Google) accepts your order. This acceptance may be conveyed through a confirmatory email, SMS/MMS message, or other appropriate means of communication.

6.4 Taxes.

SafeMe’s fees are exclusive of any applicable Sales Tax. If any Service or payments for any Service are subject to Sales Tax in any jurisdiction, and you haven’t already remitted the applicable Sales Tax to SafeMe, you will be responsible for paying the Sales Tax and any associated penalties or interest to the relevant tax authority. In such cases, you agree to indemnify SafeMe for any liability or expenses incurred in connection with these Sales Taxes.

If requested by us, you must provide official receipts issued by the appropriate taxing authority or any other evidence showing that you have paid all applicable taxes.

For the purpose of this section, “Sales Tax” refers to any sales or use tax or any other tax based on sales proceeds that SafeMe is permitted to pass to its customers and is functionally equivalent to a sales tax, where the applicable taxing jurisdiction doesn’t otherwise impose a sales or use tax.

6.5 Automatic Renewal.

Your subscription to the Services will continue indefinitely until terminated in accordance with the Terms. After the initial subscription period and subsequent subscription periods, your subscription will automatically renew on the first day following the end of each period (referred to as a “Renewal Commencement Date”). It will continue for an additional equivalent period, at SafeMe’s then-current price for such subscription.

You acknowledge and agree that your Account will be subject to this automatic renewal feature, unless you cancel your subscription at least 24 hours before the Renewal Commencement Date. To cancel, you can log into your Account and go to the “Subscriptions” page in the Apple App Store app or the “Payments & subscriptions” page in the Google Play Store app. On these pages, you can adjust your Account settings to disable automatic renewal or make changes to your subscription.

If you decide to cancel your subscription, please remember that simply deleting the app or deleting your account does not automatically terminate or cancel your subscription. Once you’ve successfully canceled, you’ll maintain access to the Services until your current subscription term concludes, but your subscription will not renew thereafter. It’s important to be aware that no refunds will be issued for any remaining portion of the subscription fee paid for the then-current period. To avoid any additional charges, ensure that you cancel before the next billing cycle.

By subscribing, you authorize SafeMe to charge your Payment Provider at the beginning of each subsequent subscription period. If, for any reason, SafeMe does not receive payment from your Payment Provider upon renewal, you are obligated to settle all outstanding amounts due on your Account upon request. In the event of non-payment, we may choose to either terminate or suspend your subscription and we will continue attempting to charge your Payment Provider until the payment is received. It’s important to note that due to non-payment, your access to the Service may be limited since you will no longer be subscribed. However, once payment is received, your use of the Service will no longer be restricted, and your new subscription period will commence from the day payment was received.

6.6 Free Trials and Promotions

We may occasionally offer free trials or promotions for Subscriptions. These trials are provided for a specified period, either without payment or at a reduced rate (a “Trial“). Eligibility for a Trial will be determined by us, and we reserve the right to withdraw or modify a Trial at any time without prior notice.

In certain instances, we may request you to provide your payment details to initiate the Trial, and we may utilize third-party platforms, such as Payment Providers, for this purpose. By providing such information, you agree that we may automatically commence charging you for a Subscription on the first day following the end of the Trial, on a recurring monthly basis, or any other interval disclosed in advance. TO PREVENT INCURRING THESE CHARGES, IT IS YOUR SOLE RESPONSIBILITY TO CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE TRIAL PERIOD CONCLUDES. IF YOU OBTAINED YOUR TRIAL THROUGH A THIRD PARTY, INCLUDING APP STORES, MAKE SURE YOU CANCEL THE RELEVANT SUBSCRIPTION THROUGH THE THIRD PARTY AS WELL. FAILURE TO PROPERLY CANCEL THE SUBSCRIPTION MAY RESULT IN AUTOMATIC CHARGES.

6.7 Refunds

All payments are deemed nonrefundable. In the event of Subscription cancellation or account termination under the terms outlined herein, you shall not be entitled to receive any refund or credit, including for partial periods of service. In the event that you decide to cancel your periodic subscription to a paid SafeMe service, you will retain access to the service until the conclusion of your current billing period.

7. SafeMe Is Provided As-Is.

SAFEME CANNOT GUARANTEE THAT YOUR CONTENT WILL BE COMPLETELY SAFE FROM OUTSIDE ATTACKS, HACKERS, OR ANY OTHER MEANS OF UNAUTHORIZED ACCESS TO YOUR CONTENT ON THE FILE SYSTEMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SAFEME PROPERTIES IS ENTIRELY AT YOUR OWN RISK. THE SAFEME PROPERTIES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THEY MAY HAVE FAULTS OR LIMITATIONS.

SAFEME EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability/Limitations On Types Of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SAFEME SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF. THESE DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES RESULTING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES, OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES, OR OTHER PROPERTY, EVEN IF SAFEME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAFEME’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SAFEME FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS LIMIT SHALL APPLY IN AGGREGATE, AND THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

You acknowledge and consent that our pricing and the establishment of these Terms with you are based on the limitations of liability stated herein. These limitations allocate risk between us and constitute the foundation of an agreement between both parties.

9. Remedies.

9.1 Violations.

If SafeMe becomes aware of any potential violations of the Terms by you, SafeMe reserves the right to conduct an investigation into such violations. In case the investigation reveals any criminal activity, SafeMe may refer the matter to and cooperate with relevant legal authorities. To the extent allowed by applicable law, SafeMe may disclose any information or materials, including Your Content, in its possession related to your use of the SafeMe Properties for the following purposes:

1. To comply with applicable laws, legal processes, or governmental requests.
2. To enforce the Terms.
3. To respond to any claims that Your Content violates the rights of third parties.
4. To address your customer service inquiries.
5. To safeguard the rights, property, or personal safety of SafeMe, its Users, or the public, as deemed necessary or appropriate in the sole discretion of SafeMe and enforcement or government officials.

9.2 Breach.

If, at its sole discretion, SafeMe determines that you have breached any part of the Terms or engaged in inappropriate conduct, SafeMe retains the right to take the following actions:

(a) Issue a warning to you via email (sent to any email address you have provided to SafeMe) informing you of the violation;

(b) Remove any of Your Content that you or your agent(s) have provided on the SafeMe Properties;

(c) Terminate your registration(s) with the SafeMe Properties;

(d) Cancel your subscription to any Service;

(e) Notify and/or fully cooperate with law enforcement authorities regarding Your Content for further action; and/or

(f) Initiate any other appropriate action that SafeMe deems necessary.

9.3 No Subsequent Registration.

If SafeMe discontinues your registration(s) or access to the SafeMe Properties due to your violation of any part of the Terms, you agree not to attempt to re-register or access the SafeMe Properties using a different member name or any other means. Furthermore, you acknowledge that you will not be entitled to receive a refund for any fees related to the SafeMe Properties from which your access has been terminated.

If you violate the above condition by attempting to re-register or access the SafeMe Properties, SafeMe reserves the right, at its sole discretion, to take immediate action, including any or all of the actions specified in this section, without providing any prior notice or warning to you.

9.4 Discontinuation of Services.

Under exceptional unforeseen circumstances or events beyond SafeMe’s control, such as a natural disaster, fire, or explosion, or to fulfill a legal obligation, we may opt to discontinue the Services. In such cases, we will provide you with reasonable prior notice, allowing you ample time to export Your Content from our systems. We will strive to give you no less than 30 days’ notice, whenever possible given the circumstances.

9.5 Inactivity.

If you have not accessed your account for a continuous period of two years or more, it may be deemed inactive. If this happens, please note that, in accordance with our Privacy Policy, Your Content, and any other personal information, may be deleted from our servers. However, any of Your Content that is still stored on your device will remain there so long as the Application or Software was not deleted from the device.

To ensure you receive important notifications, we will send an email to the last email address you provided to us before proceeding with the deletion. This email will give you time to access your account and make it active again if you wish to retain your data. We highly recommend checking your account and updating it within the specified timeframe to prevent any unintentional loss of information. Your account and data are important to us, and we want to help you maintain control and access to it.

10. Miscellaneous Legal Terms.

10.1 Electronic Communications.

The communications between you and SafeMe are conducted through electronic means, whether you visit the Website, send SafeMe emails, or receive notices from SafeMe on the Website or via email. By engaging with SafeMe, you (1) consent to receive communications from SafeMe in electronic form, and (2) acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications provided by SafeMe to you electronically fulfill any legal requirement that such communications be in writing. This does not impact your statutory rights.

10.2 Release.

By accepting the Terms, you are hereby releasing SafeMe and its successors from any and all claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that may arise in connection with or as a result of the Terms or your use of the Website, the Application, the Software, or the Service.

If you are a resident of California, you specifically waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, may have materially affected their settlement with the debtor.”

10.3 Assignment.

You may not assign, subcontract, delegate, or transfer the Terms, as well as your rights and obligations under the Terms, without obtaining SafeMe’s prior written consent. Any such attempted assignment, subcontracting, delegation, or transfer in violation of this provision shall be deemed null and void.

10.4 Force Majeure.

SafeMe and its licensors shall not be held responsible for any delays or failures to perform their obligations that result from events beyond their reasonable control. Such events include, but are not limited to, acts of God, war, terrorism, riots, embargoes, actions by civil or military authorities, fires, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor, materials, problems with your computing or network infrastructure, hardware, or product, issues with your internet service provider (ISP), or any electrical or other utility outage.

10.5 Dispute Resolution & Arbitration

ANY DISPUTE OR CLAIM ARISING FROM THESE TERMS OR THE SERVICE THAT SEEKS MONETARY RELIEF SHALL BE SETTLED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS PER THE FOLLOWING SECTION.

Before initiating arbitration, the party seeking arbitration (“Claimant“) must send a written Notice of Claim to the other party (“Respondent“) via email or USPS Certified Mail. This Notice must include the Claimant’s name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receiving the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and an entity party must be represented by an employee with settlement authority, though both parties may bring counsel as well. Arbitration shall only be initiated if no settlement is reached during this conference.

The arbitration shall be conducted by a single arbitrator and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, Procedures for the Resolution of Disputes Through Document Submission, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings (“AAA Rules”), as well as the provisions in this section. In case of any conflict between this section and the AAA Rules, the provisions in this section shall prevail. If the AAA is unavailable to conduct the arbitration, the parties shall arbitrate through another organization mutually agreed upon or on an ad hoc basis as outlined in this section. The arbitration proceedings shall be conducted in the English language.

If a claim falls under the jurisdiction of a small claims court, either party may choose to have the case heard in the small claims court on an individual basis instead of proceeding with arbitration.

If twenty-five (25) or more similar Demands for Arbitration are filed against or on behalf of the same party or related parties, and if representation of the parties is consistent or coordinated across the cases, the AAA’s Supplementary Rules for Multiple Case Filings shall be applicable. Counsel filing twenty-five (25) or more similar Demands for Arbitration against SafeMe must adhere to the AAA’s Filing Requirements for Multiple Case Filings. Class or collective arbitration, as well as joinder of claims, are prohibited except as specified in the AAA’s Supplementary Rules for Multiple Case Filings.

If you are an individual and do not wish to arbitrate disputes with SafeMe, you have the option to opt out of this arbitration agreement by sending an email to [email protected] within 30 days of your first access or use of the Service.

Despite the above, either party may seek non-monetary, injunctive remedies, or urgent relief in court without engaging in arbitration or informal dispute resolution processes.

10.6 Choice of Law and Venue.

The Terms and any actions related to them shall be governed and interpreted by the laws of the State of California, without applying any conflict of laws principles that would require the use of another state’s laws. By accepting the Terms, you expressly agree to the personal jurisdiction and venue of the state and federal courts located in the county where SafeMe’s principal place of business is situated for any lawsuit brought against you by SafeMe arising from or related to the Terms.

10.7 Notice.

If SafeMe requires you to provide an email address, it is your responsibility to ensure that you provide the most current and valid email address to SafeMe. In the event that the last email address you provided is not valid or unable to receive notices required or permitted by the Terms, SafeMe’s dispatch of the email containing such notice will still be considered effective notice.

You may send any notice to SafeMe at the following address: 19360 Rinaldi St # 694 Porter Ranch, CA 91326. Such notice shall be deemed given when received by SafeMe through a letter delivered by a nationally recognized overnight delivery service or sent via first-class postage prepaid mail to the above address.

10.8 Waiver.

It’s important to note that if we choose not to enforce any part of these Terms on a particular occasion, it doesn’t mean that we are waiving our rights to enforce it on other occasions. Each provision remains valid and enforceable as outlined in the Terms.

10.9 Severability.

In the event that any provision of these Terms is deemed invalid or unenforceable for any reason, the remaining provisions will still be fully enforceable. If necessary, the invalid or unenforceable provision will be adjusted or modified to the extent permitted by law to make it valid and enforceable while preserving the intentions and purpose of the original provision.

10.10 App Stores.

You acknowledge and agree that the availability of the Application and Services depends on the third-party entity from which you obtained the Application license, such as the Apple iPhone or Android app stores (referred to as “App Store“). You understand that the Terms govern the relationship between you and SafeMe, not with the App Store. SafeMe, and not the App Store, is solely responsible for the SafeMe Properties, which include the Application, its contents, maintenance, support services, and warranties, as well as addressing any claims related to it (e.g., product liability, legal compliance, or intellectual property infringement).

To use the Application, you must have access to a wireless network, and you agree to cover any associated fees for such access. Additionally, any fees charged by the App Store in connection with the SafeMe Properties, including the Application, are your responsibility. You are required to comply with all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) while using the SafeMe Properties, including the Application. You acknowledge that the App Store and its subsidiaries are considered third-party beneficiaries of the Terms and hold the right to enforce them.

10.11 Accessing and Downloading the Application from iTunes.

The following provisions pertain to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

(a) You acknowledge and agree that: (i) the Terms constitute an agreement between you and SafeMe, and not with Apple; and (ii) SafeMe, not Apple, bears sole responsibility for the App Store Sourced Application and its content. Your usage of the App Store Sourced Application must adhere to the App Store Terms of Service.

(b) You recognize that Apple is under no obligation to provide any maintenance and support services for the App Store Sourced Application.

(c) If the App Store Sourced Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application. To the maximum extent permitted by applicable law, Apple shall have no other warranty obligation whatsoever concerning the App Store Sourced Application. Any other claims, losses, liabilities, damages, costs, or expenses resulting from any warranty failure will be the sole responsibility of SafeMe.

(d) Both you and SafeMe acknowledge that, as between SafeMe and Apple, Apple is not liable for addressing any of your claims or any claims by any third party relating to the App Store Sourced Application or your possession and use of it, including, but not limited to: (i) claims of product liability; (ii) claims that the App Store Sourced Application does not comply with any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and SafeMe also acknowledge that, if a third party claims that the App Store Sourced Application or your possession and use of it infringes on that third party’s intellectual property rights, SafeMe, not Apple, shall be solely responsible for investigating, defending, settling, and discharging any such intellectual property infringement claim to the extent required by the Terms.

(f) Furthermore, you and SafeMe agree that Apple and its subsidiaries are third-party beneficiaries of the Terms concerning your license of the App Store Sourced Application. By accepting the terms and conditions of the Terms, you grant Apple the right (and Apple will be deemed to have accepted the right) to enforce the Terms as they pertain to your license of the App Store Sourced Application against you as a third-party beneficiary.

(g) Apart from other provisions in the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

10.12 Export Control.

You may only utilize, export, import, or transfer the SafeMe Properties in compliance with the authorization granted by U.S. law, the laws of the jurisdiction where you obtained the SafeMe Properties, and any other applicable regulations. Specifically, but not exclusively, the SafeMe Properties must not be exported or re-exported: (a) to any countries embargoed by the United States, or (b) to individuals or entities listed on the U.S. Treasury Department’s Specially Designated Nationals list or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the SafeMe Properties, you affirm and warrant that: (i) you are not situated in a country subject to a U.S. Government embargo, nor designated by the U.S. Government as a “terrorist supporting” nation; and (ii) you are not included in any U.S. Government roster of restricted or prohibited parties. Moreover, you shall not employ the SafeMe Properties for any purposes barred by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons.

You acknowledge and agree that products, services, or technology provided by SafeMe are subject to the export control laws and regulations of the United States. Therefore, you must comply with these laws and regulations, and without prior authorization from the U.S. government, you shall not export, re-export, or transfer the SafeMe products, services, or technology, directly or indirectly, to any country in violation of such laws and regulations.

10.13 Copyright.

Respecting the intellectual property of others is of utmost importance to us, and we kindly request that you do the same. If you believe that any content on our platform infringes upon your copyright, we are committed to addressing such concerns promptly and appropriately.

To report any alleged copyright infringement, please contact us. We take these matters seriously and will respond to valid notices of infringement that comply with the relevant laws and regulations.

In cases where copyright infringement is confirmed, we reserve the right to take necessary actions, which may include deleting or disabling the infringing content and terminating accounts of repeat offenders.

Copyright Agent
SafeMe Inc.
19360 Rinaldi St # 694
Porter Ranch, CA 91326
[email protected]

10.14 International Users.

The SafeMe Properties are accessible from various countries worldwide and may include references to Services and Content that may not be accessible in your country. These references are not indicative of SafeMe’s intention to introduce such Services or Content in your country. The SafeMe Properties are administered and provided by SafeMe from its facilities in the United States of America. SafeMe does not assert that the SafeMe Properties are suitable or obtainable for use in other locations. Individuals who access or use the SafeMe Properties from jurisdictions other than the United States do so willingly and are responsible for adhering to their local laws and regulations.

10.15 Questions, Complaints, and Claims.

If you have any questions, complaints, or claims, please do not hesitate to reach out to us at [email protected] or use our contact page. We are committed to addressing your inquiries to the best of our ability. Should you feel that your concerns have not been adequately resolved, we encourage you to inform us so that we can conduct further investigations and find a suitable resolution.

10.16 Consumer Complaints.

As mandated by California Civil Code §1789.3, if you have any complaints, you have the option to report them to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs. You can contact them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. They are available to assist you in addressing any consumer-related concerns you may have.

10.17 Entire Agreement.

The Terms constitute the entire, definitive, and exclusive agreement between the parties concerning the subject matter herein and shall override and integrate all preceding discussions and communications related to said subject matter.

10.18 Language.

This agreement was originally composed in English (US). In the event of any discrepancies or conflicts between the English version and any translated versions, the English version shall take precedence and control.