Terms of Service

 

SAFERIZE TERMS OF SERVICE

 

YOU SHALL READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THESE SAFERIZE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY BEFORE CLICKING ON AN “I AGREE” OR USING THE SAFERIZE PARENTAL CONTROL APPLICATION (“SAFERIZE PCA”). THESE TERMS OF SERVICE ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SAFERIZE. THEY SET FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SAFERIZE PCA. BY CLICKING ON AN “I AGREE” OR USING THE SAFERIZE PCA, YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS STATED OR REFERENCED HEREIN. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, DO NOT CLICK ON AN “I AGREE” AND DO NOT USE THE SAFERIZE PCA.

 

DEFINITIONS

“Child” or “Children” refers to the individual, age of which You will pre-define, but necessarily someone below 18 years, who through an attempt to login or use Your website/app, will trigger the SAFERIZE PCA identification and consent mandatory procedures.

“End-User(s)” refers to a Child, a Parent or Your employees or representatives when using the SAFERIZE PCA.

“Parent(s)” refers to the individual declared by the Child as his parent or legal guardian, who ultimately will use the parental control functionalities of SAFERIZE PCA.

“Parent Preferences” refers to the parent control options that You will make available to Parents, which include, the establishment of time limits, feature blocking, real-time or one time approvals, among others.”

“SAFERIZE” refers to SAFERIZE, Inc., for and on behalf of itself and its subsidiaries and affiliates under common control.  

“SAFERIZE PCA” shall mean the application, provided as a service, which operates and functions pursuant to the specifications contained in the SAFERIZE PCA documentation (“Documentation”), which can be found at https://saferize.com/api-docs/index.html.

“You” or “Your” refers to the entity, content provider or publisher that has agreed to use the SAFERIZE PCA as a service, in accordance with these Terms of Service.

 

SERVICES

SAFERIZE PCA is a software as a service application directed to enabling You to provide Parents with control over the use by their Children of Your services or content.  SAFERIZE PCA works, initially, by matching a Child to a Parent, and then by automatically conveying to You such Parent’s Preferences regarding the availability of Your services or content to that Child.

SAFERIZE PCA works as a conveyer of Parent’s Preferences to You.  The adequate implementation, technically or otherwise, of Parent’s Preferences are Your responsibility.  SAFERIZE’s responsibility is limited to accurately and timely conveying to You all Parents Preferences directed to Your website/app.

 

REGISTRATION AND ELIGIBILITY

You do not need a SAFERIZE account to visit the SAFERIZE website/app. However, in order to deploy the SAFERIZE PCA on Your website/app, You must create a SAFERIZE account (“Account”) by means of registration at https://saferize.com. You represent and warrant that as an individual, You are of legal age to form a binding contract, and that if You are registering on behalf of an entity, that You are authorized to, enter into, and bind the entity to these Terms of Service and register for the services and create an Account. Children under the age of 18 are not permitted to act as registered users of our services.  Although the services concern children, in the sense that the SAFERIZE PCA purpose is to aid on the control of children’s access to online contents and offerings, and although children may indirectly interact with the SAFERIZE PCA, services are not directed to children and children may not create an Account. SAFERIZE may, in its sole discretion, refuse to offer the services to any person or entity or close Accounts, as well as change its eligibility criteria at any time. You are solely responsible for ensuring that You are in compliance with all laws, rules and regulations applicable to You and You agree to refrain to use the services if Your access is revoked by SAFERIZE on the grounds of loss of any eligibility condition, at SAFERIZE’s sole discretion.

 

LICENSE AND OWNERSHIP

During the Term, and subject the fulfillment of Your payment obligations, SAFERIZE will grant You access to the SAFERIZE PCA.  You are not purchasing or owning any software as a result of this transaction.  SAFERIZE retains all right, title and interest in and to the SAFERIZE PCA, including without limitation, to all software in which the SAFERIZE PCA is based. Notwithstanding anything to the contrary herein, these Terms of Service do not grant You any intellectual property rights in or to the SAFERIZE PCA or any of its components.  Accordingly, You understand and agree that the right to use the SAFERIZE PCA does not implicate in any obligation whatsoever by SAFERIZE to provide You with copies of the SAFERIZE PCA’s underlying software in any way or manner and regardless of reason.

Your right to use the SAFERIZE PCA is non-exclusive, non-assignable and limited to remote access. You declare and warrant that You will use the SAFERIZE PCA only for the purposes established in these Terms of Service and to what is reasonably expected considering the specifications and purposes of the SAFERIZE PCA. You will be liable to any acts of the End-Users contrary to these Terms of Service.

 

USE LIMITATIONS

All SAFERIZE proprietary information disclosed in connection with these Terms of Service and to the SAFERIZE PCA is and shall remain the sole property of SAFERIZE and shall include any modification, enhancement, interface, upgrade, or change, and all software, source code, blueprints, diagrams, flow charts, specifications, functional descriptions or training materials relating thereto.

You shall not, and shall take all reasonable steps necessary to ensure that an End User and any other persons do not:

  1. Remove or modify any notices of copyrights, trademarks or other notices of proprietary rights linked to the SAFERIZE PCA;
  2. modify, disassemble, decompile, reverse engineer, create derivative works, reproduce, distribute, republish, or download any of the software in which the SAFERIZE PCA is based, including with the purposes creating or assisting third parties to create products or services that may compete with the SAFERIZE PCA;
  3. Conduct or make public any benchmarking study specifically targeted to compare the overall performance of the SAFERIZE PCA with competing platforms or solutions;
  4. Conduct or make public any results or information associated to the cybersecurity tests periodically undertaken by SAFERIZE in relation to the SAFERIZE PCA;
  5. License, sell, rent, transfer, assign, distribute, host, allow timesharing or use as a service bureau, or, in any other fashion, commercially explore or make available the SAFERIZE PCA and any underlying software to any unauthorized third-party;
  6. Use the SAFERIZE PCA in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the SAFERIZE PCA or that could damage, disable, overburden or impair the functioning of the SAFERIZE PCA;
  7. Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the SAFERIZE PCA; and
  8. Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the SAFERIZE PCA, users of the SAFERIZE PCA, or third parties.

 

CONSEQUENCES OF VIOLATION

Violation of these Terms of Service may lead to suspension or termination of Your access to the SAFERIZE PCA, without prejudice of any other right that SAFERIZE may have, including taking legal action. In addition, You may be required to pay for the costs of any investigation and remedial action related to violations of the Terms of Service. SAFERIZE reserves the right to take any other remedial action it sees fit.

 

TECHNICAL REQUIREMENTS

The technical requirements that enable the right to access and use to the SAFERIZE PCA are defined by these Terms of Service and by the Documentation. You acknowledge and agree that the use of the SAFERIZE PCA in a manner inconsistent with these Terms of Service and with the Documentation may adversely impact the functionalities, overall performance and, even, the availability of the SAFERIZE PCA.

SAFERIZE may, at any time during the Term, and at its sole discretion, modify or up-date the SAFERIZE PCA (“Updates”). Up-dates may encompass matters such as, safety features, infrastructure, technical requirements and software updates. Updates may be justified to reflect industry best practices, technological developments and changes in industry standards.

Data center unavailability is not under SAFERIZE’s control and shall be deemed as a Force Majeure Event under these Terms of Service.

 

PRICING, PAYMENT OF SERVICES AND TAXES

Pricing will be as set forth by SAFERIZE. Customer must pay to SAFERIZE accordingly. All prices and payments will be in US dollar.  SAFERIZE may change its Pricing at any time and sending You a notification by email.

SAFERIZE, or its authorized representative, will invoice You on a monthly basis for all amounts owed under the Terms of Service. You must provide SAFERIZE with a valid credit card to pay the Prices. You agree that SAFERIZE has permission to retain and/or share with financial institutions and payment processing companies, payment information submitted by You in order to process Your purchase. Depending on where You transact with us and where the payment method was issued, a transaction may be subject to foreign exchange fees or differences in Prices, including because of exchange rates. SAFERIZE does not support all credit cards labels, currencies, or locations for payment. If the credit card provided by You reaches its expiration date and the paying method information is not edited or Your account is not canceled, You authorize SAFERIZE to continue billing your credit card and You remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information You provide us at the time of purchase.

You agree that SAFERIZE may process your credit card monthly, on the calendar day corresponding to the first day Your subscribed to SAFERIZE PCA. If Your paid subscription began on a day not contained in a subsequent month, SAFERIZE will process the payment on the last day of such month.

In the case of downgrade, the downgrade will only be effective at the end of the then-current monthly billing period, and no credits or refunds will be issued to You for any prepaid Prices.

SAFERIZE will give to You a refund for a prepaid month only if SAFERIZE stops providing the services to You for a reason that is not laid out in these Terms of Service. You will not be entitled to a refund from SAFERIZE under any other circumstances.

Prices do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchase of services. If SAFERIZE shall have the legal obligation to pay or collect Taxes for which You are responsible, SAFERIZE will invoice You and You will pay that amount unless You provide to SAFERIZE a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, SAFERIZE are solely responsible for taxes assessable against SAFERIZE based on our income, property and employees.

Any undisputed amounts payable by You that remain unpaid beyond forty-five (45) days after the invoice date (i.e., 45 days total) are subject to a late charge equal to 1.5% of the invoice amount per month from the due date until such amount is paid, or the maximum rate permitted by law, if less.

If it should become necessary to turn this account over for collection, You will be responsible for all collection costs, including reasonable attorney’s fees. In addition to SAFERIZE’s right to terminate under the terms of these Terms of Service, SAFERIZE reserves the right, in SAFERIZE’s sole and absolute discretion, to suspend Your access to the Services in the event that You fail to make payment of any undisputed amounts hereunder that are more than thirty (30) days past due, as set forth above.

 

MONITORING OF SAFERIZE PCA

You acknowledge and agree that SAFERIZE will, upon employment of its systems and infrastructure, constantly monitor the SAFERIZE PCA in order to: (i) improve its functionality, effectiveness and overall performance; (ii) whenever possible, and with no guarantee to You, anticipate and prevent errors in usage of the SAFERIZE PCA by You and its possible consequences; (iii) subsidize SAFERIZE’s adequate response to requests for technical assistance by You; (iv) improve security standards. Results of monitoring (“Results”), including any intellectual property which may derive therefrom, are the sole property of SAFERIZE. SAFERIZE may, at its sole discretion, make the Results publicly available.

 

CONFIDENTIALITY

All information that SAFERIZE provides to You under this Terms of Service will be deemed as confidential (“Confidential Information”), including but not limited to the following: (i) End-User information, especially personal data, and all other information You receive through the SAFERIZE PCA, (ii) API credentials (iii) all information disclosed in writing and marked “confidential”, ”proprietary,” or with a substantially similar marking, (iv) all information disclosed orally and identified as confidential at the time of the disclosure, and (v) any other information that by its very nature you understand or would reasonably be expected to understand to be SAFERIZE’s confidential information.

You must maintain SAFERIZE ‘s Confidential Information in confidence and must not disclose it to third parties or use it for any purpose other than as necessary and required to access and use the SAFERIZE PCA. In the event that Confidential Information is required to be disclosed by a court, government agency, regulatory requirement, or similar disclosure requirement, you shall immediately notify SAFERIZE and use reasonable efforts to obtain confidential treatment or a protection order of any disclosed Confidential Information. Your obligations hereunder shall survive the termination of these Terms of Service.  You acknowledge and agree monetary damages may not be a sufficient remedy for the unauthorized use or disclosure of Confidential Information and that SAFERIZE will be entitled (without waiving any other rights or remedies) to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction, without obligation to post any bond.

 

PRIVACY REGULATIONS

You are solely responsible for the compliance with any and all privacy and/or data protection laws and regulations that may apply to the use with the SAFERIZE PCA and its application to You, to Your clients, any End-Users and Your business.  You may be required to pay any costs of any regulatory action taken against SAFERIZE or any damages, including, but not limited to, reputational damages that SAFERIZE may suffer, as a result of Your failure to comply to privacy and/or data protection laws and regulations.

You will not violate the privacy rights of any person. You will not collect or disclose any personal address, social security number, or other Personal Data without each holder’s written permission.

For the purposes of these Terms of Service, Personal Data that You collect will be always deemed part of Your materials and will be processed within the SAFERIZE PCA pursuant to Your goals and instructions. You agree that SAFERIZE has neither control, nor any reason or interest whatsoever in controlling any such processing. As such, SAFERIZE shall not be liable, under the applicable data protection law, for any illegal or unfair processing within the SAFERIZE PCA.

 

LIMITATION OF LIABILITY

Under no circumstances will SAFERIZE be liable to You or any End-User for lost profits or for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from the subject matter of these Terms of Service, regardless of the type of claim and even if that party has been advised of the possibility of such damages, such as, but not limited to, loss of revenue, lost data, loss of anticipated profits, or lost business.

SAFERIZE’s total cumulative liability arising out of or relating to these Terms of Service or the performance, breach or termination thereof, whether in contract, tort, or otherwise, may not exceed the amount of fees paid to SAFERIZE by You under the terms of service during the twelve (12) month period leading up to the act that gave rise to the first claim under these Terms of Service. One or more claims will not enlarge this limitation.

 

WARRANTY AND GUARANTEE

SAFERIZE WARRANTY REGARDING THE SAFERIZE PCA IS THAT, DURING THE TERM, THE SAFERIZE PCA WILL PERFORM MATERIALLY AS DESCRIBED IN THE DOCUMENTATION. IN THE EVENT OF BREACH OF THIS WARRANTY, THE INTEGRAL LIABILITY OF SAFERIZE SHALL BE TO CORRECT ANY ERRORS OR DEFECTS IN THE SAFERIZE PCA. THE SAFERIZE PCA IS PROVIDED ON AN “AS IS” BASIS AND SAFERIZE CANNOT GUARANTEE THAT: (I) NEITHER IT WILL RUN FREE OF ERRORS OU INTERRUPTIONS, NOR THAT SAFERIZE WILL CORRECT ALL ERRORS WHICH MAY OCCUR; (II) THAT PARENT’S PREFERENCES WILL BE ADEQUATELY IMPLEMENTED BY YOU.

SAFERIZE IS NEITHER AN AGE, NOR AN IDENTITY VERIFICATION SOLUTION. IT DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY OF AGE OR DATE OF BIRTH VALIDATION FOR CHILDREN, NOR OF IDENTITY VERIFICATION OF ANY KIND. SAFERIZE DOES NOT VALIDATE END USER’S DATA OR AGE AGAINST ANY THIRD-PARTY DATABASE SUCH AS DRIVERS LICENSE OR SOCIAL SECURITY. 

SAFERIZE tests the SAFERIZE PCA against all standard web browsers, devices and operating systems. However, there are a near infinite number of variables that our testing cannot account for. Because of this, SAFERIZE offers no guarantee or warranty as to the functionality of the service for any specific browser, operating system or device.  You further acknowledge and agree that SAFERIZE has no control over the connectivity services which enable access to SAFERIZE PCA and that, for that reason access and use may be delayed or impaired.  SAFERIZE is not liable for any Losses which may derive from such delays.

 

INDEMNITIES

You agree to defend, indemnify and hold SAFERIZE and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) Your access to or use of the SAFERIZE PCA or use of End-User data; (ii) Your or End-User violation of these Terms of Services; and (iii) Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

 

FORCE MAJEURE

SAFERIZE will not be liable to you by reason of any failure or delay in performance on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, earthquakes, or internet connectivity or failure issues experienced by major telecommunications providers or a SAFERIZE co-location facility, for the duration of such event and for such further period of time that SAFERIZE may reasonably require to recover from the effects of such event.

 

UPDATES AND SUPPORT

SAFERIZE reserves the right to update the SAFERIZE PCA at any time without notice in pursuant to the terms and conditions of these Terms of Service. SAFERIZE will attempt to give advanced notice of updates, but does not make a guarantee of any kind regarding said attempts. The use of updates will not change your continued agreement to these Terms of Service.

 

TERMINATION OR MODIFICATION

SAFERIZE reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the SAFERIZE PCA or modify or terminate these Terms of Service or the SAFERIZE Privacy Policy without advance notice. If any modification is not acceptable to You, Your only recourse is to cease using the SAFERIZE PCA. By continuing to use the SAFERIZE PCA after any such modifications, you accept and agree to be bound by such modifications.

Without limiting other remedies, SAFERIZE may at any time and without any further notice suspend or terminate your access to the SAFERIZE PCA or remove your Account if SAFERIZE PCA determines in its sole discretion that you have failed to comply with any provision of these Terms of Service. If You cancel Your subscription, your cancellation takes effect on Your next billing cycle. This means SAFERIZE will not be able to refund you for any unused portion of the Services. 

 

CONSENT TO ELECTRONIC NOTICE

You consent to the use of (a) electronic means to complete these Terms of Service and deliver any notices pursuant to these Terms of Service, and (b) electronic records to store information related to these Terms of Service or Your use of the SAFERIZE PCA. Any notice or other communication to be given hereunder will be in writing and given (x) by SAFERIZE via email (in each case to the address that you provide), (y) a posting on the SAFERIZE site or (z) by You via email to legal@saferize.com or to such other addresses as SAFERIZE may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

 

LINKS

SAFERIZE may provide links to third-party websites. These third-party sites are not under the ownership or control of SAFERIZE and SAFERIZE is not responsible for and cannot control the content you find on those sites. SAFERIZE provides these links as a convenience to its users, and Your access to those sites is at Your own risk. The provision of these links does not imply a recommendation or endorsement by SAFERIZE of the linked site.

 

MISCELLANEOUS

These Terms of Service, in their entirety, shall be legally binding upon and inure to Your benefit and to that of SAFERIZE, our respective successors and permitted assigns. Should any of these provisions be deemed invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of these Terms of Service. These Terms of Service shall be governed solely by the laws of California. Should any action of complaint arise out of or in relation to these Terms of Service, such action may be brought exclusively in the courts of California, United States of America, and as such, Customer  and SAFERIZE irrevocably consent to the jurisdiction of said court and venue.

 

CONTACT INFORMATION

For any questions, complaints or claims with respect to the SAFERIZE PCA, please contact SAFERIZE at Customer Support at help [at] saferize.com, or online at https://saferize.com.

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