Privacy Policy

By submitting Personal Data through our Site, App, or Service, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.

We do not intentionally gather Personal Data from visitors who are under the age of 13.

Your Personal Data may be transferred to and processed in the United States. With respect to our collection and processing of Personal Data about individuals in the European Union, we comply with the United States/European Union Safe Harbor Framework as set forth by the U.S. Department of Commerce (“Safe Harbor”) and have certified our adherence to the U.S./EU Safe Harbor Privacy Principles (the “Safe Harbor Principles). For more information regarding Safe Harbor, please visit the United States Department of Commerce Safe Harbor website at http://www.export.gov/safeharbor.

“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

(a) Information You Provide to Us.

• We may collect Personal Data from you, such as your e-mail address, and password when you create an account to log in to our network (“Account”).
• When you order the Service on our Site or App, we will collect all information necessary to complete the transaction, including your name, payment information, billing information and shipping information.
• We retain information on your behalf, such as files and messages that you store using your Account.
• If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
• When you participate in one of our surveys, we may collect additional profile information.
• When you post messages on the help forums or message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.
• We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support for the Service.
• We may also collect Personal Data, such as at other points in our Site or App that state that Personal Data is being collected.

(b) Information Collected via Technology.

• Our servers (which may be hosted by a third party service provider) collect information from you, including your mobile device type, application version, browser type, computer or mobile operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer or mobile device when you use the Internet, which may vary from session to session), domain name, information about the way you use the application and/or a date/time stamp for your visit of the Site or use of the App or Service.
• If you use the telephony and/or text messaging services available via some of our Apps, we may collect information related to your use of such services, such as the number of minutes used, number of text messages sent, and amount of data plan consumed.
• We also use cookies, URL information and mobile analytics tools to gather information regarding the date and time of your visit of the Site or use of the App and the information for which you searched and which you viewed. “Cookies” are small pieces of information that a website sends to your device’s storage while you are viewing a web site or using our App. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your device until you delete them) to provide you with a more personal and interactive experience on our Site and App. Persistent Cookies can be removed by following Internet browser help file directions or by clearing application specific information on your mobile device.

(c) Information Collected from You About Others.

If you decide to invite a third party to create an Account, we will collect your and the third party’s names and e-mail addresses in order to send an e-mail and follow up with the third party. You or the third party may contact us at support@getkeepsafe.com to request the removal of this information from our database.

(d) Information Collected from Social Networking Sites.

If you log on to the Service with your login credentials from a social networking site (e.g., Facebook or Twitter), we may receive Personal and/or Anonymous Data about you from such social networking site, in accordance with the terms of use and privacy policy of the third party provider of such social networking site. For example, Facebook may share your friend list with us, in order to help us establish your Account and find other Service users that you know. We may add this information to the information we have already collected from you via the Service.

(a) General Use.

In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We will only use Personal Data in ways that are compatible with the purposes for which it was collected or as subsequently authorized by you. We use your Personal Data in the following ways:

• to facilitate the creation of and secure your Account on our network;
• identify you as a user in our system;
• provide improved administration of our Site, App and Service;
• provide the services you request;
• improve the quality of experience when you interact with our Site, App and Service;
• send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
• send you administrative e-mail notifications, such as security or support and maintenance advisories;
• respond to your inquiries related to employment opportunities or other requests; and
• to send newsletters, surveys, offers, and other promotional materials related to our Service and for our other marketing purposes.

(b) VPN Service.

If you are using the Keepsafe Virtual Private Network (VPN) Service (the “VPN Service”), we route all of your Internet traffic through a network provided by Keepsafe and its service providers (the “Keepsafe Network”). If you use our VPN Service, we (i) use your IP address to establish and maintain an encrypted tunnel between your browser or device and the Keepsafe Network and (ii) use your IP address and the IP addresses of websites, services, and applications you view or use to perform automated rules-based traffic management for the purposes of maintaining and improving the VPN Service. The Keepsafe Network is a “no log” network, which means that Keepsafe does not store your IP address when you are using our VPN Service or any information, including IP addresses, about the applications, services or websites you view or use while connected to our VPN Service.

(c) Creation of Anonymous Data.

We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. When you use our VPN Service, we may also collect Anonymous Data regarding your aggregate bandwidth usage. We use Anonymous Data to analyze request and usage patterns so that we may improve our Service and for billing, network operations, and support purposes. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

(a) Third Party Service Providers.

We may share your Personal Data with third party service providers to: provide you with the Service that we offer you through our Site or App; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide us with other services. These third party service providers are required not to use your Personal Data other than to provide the services we request. We require our third party service providers that have access to any Personal Data that you provide from the European Economic Area to provide at least the same level of privacy protection as is required by the applicable Safe Harbor Principles. Where we have knowledge that a service provider is using or disclosing Personal Data in a manner contrary to this Privacy Policy, we will take reasonable steps to prevent or stop the use or disclosure of such Personal Data.

(b) Affiliates and Acquisitions.

We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company, business, or our assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy. In the event of an insolvency, bankruptcy or receivership, your Personal Data may also be transferred on a standalone basis.

(c) Other Disclosures.

Regardless of any choices you make regarding your Personal Data (as described below), we may disclose Personal Data if we believe in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Keepsafe; (c) to protect or defend the rights or property of Keepsafe or users of the Service; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Service.

(a) Information Disclosed to Analytics Companies and Ad Networks.

We may work with analytics companies to help us understand how our Site, our Service and our App are being used, such as the frequency and duration of usage. We may also use third-party advertising companies to serve ads when you visit our Site or App. These companies may use some of the information collected by the Site or the App, including the unique identification ID of your mobile device. To protect the anonymity of this information, we limit data sharing to ensure these companies can’t identify you personally based on the information we provide. These companies may also obtain information about other applications you have downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., you zip code) and other non-precise location information in order to help analyze and service anonymous targeted advertising on the Site and App and elsewhere.

(b) Tracking Cookies.

Some of the analytics companies and third party advertising companies used on this Site may place “tracking cookies” on your computer. If you would like more information about this practice or to opt-out of having this information used by third-party ad servers that are part of the Network Advertising Initiative (“NAI”) or the Interactive Advertising Bureau (“IAB”), please visit:
NAI: http://www.networkadvertising.org/managing/opt_out.asp
IAB: http://www.youronlinechoices.com/opt-out

(c) Third Party Websites.

When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.

(a) Choices.

We offer you choices regarding the collection, use, and sharing of your Personal Data.

1. We may periodically send you free newsletters and e-mails that directly promote the use of our Site, App or Service. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).
2. Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Terms of Service or Privacy Policy.

(b) Changes to Personal Data.

You may change any of your Personal Data in your Account by editing your profile within your Account. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud or similar purposes.

We are committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we use reasonable efforts to protect your Personal Data, we cannot guarantee its absolute security.

We conduct periodic self-assessments to verify that we comply with the Safe Harbor Principles, that the attestations and assertions we make about our privacy practices are true, and that such privacy practices have been implemented as presented in this Privacy Policy. We will take reasonable steps to remedy any non-compliance with the Safe Harbor Principles found as a result of any self-assessment.

If you have any complaints regarding our adherence to this Privacy Policy or our compliance with the Safe Harbor program, please first contact us by e-mail at privacypolicy@getkeepsafe.com. We will investigate and attempt to resolve any such complaints in accordance with the principles contained in this Privacy Policy. If the complaint cannot be or is not adequately resolved through our internal dispute resolution process, you may submit your complaint to the American Arbitration Association (“AAA”). Unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org

We welcome your comments or questions regarding this Privacy Policy. Please e-mail us at privacypolicy@getkeepsafe.com

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Site, App or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Keepsafe offers a variety of tools, applications, web services and widgets that allows users to capture, control and manage data and messages on your electronic devices. You can use the Service to intercept messages, move files from one storage location on your device to a restricted storage location, and create backup copies of your data. The Service further includes a virtual private network service (the “VPN Service”) which provides private and secure data transmission. Finally, the Service offers telephony and text messaging services, including the ability to send and receive text messages, create separate phone lines, and voicemail (the “Telephony Service”).

Keepsafe and its licensors own all rights, title, and interest in the Application, the Software, the Website, the Service, and the information and content available on or through the foregoing (collectively, the “Keepsafe Properties”). The Keepsafe Properties are protected by copyright laws throughout the world. Subject to the Terms, Keepsafe grants you a limited license to reproduce portions of the Keepsafe Properties for the sole purpose of using the Keepsafe Properties for your personal, non-commercial purposes. Unless otherwise specified by Keepsafe in a separate license, your right to use any Keepsafe Properties is subject to the Terms. Keepsafe and its licensors reserve all rights not granted in these Terms.

2.1 Application License.

Application License. Subject to your compliance with the Terms, Keepsafe grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

2.2 Keepsafe Software.

Use of any software and associated documentation, other than the Application, that is made available via the Website or the Service (“Software”) is governed by the Terms. Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If the Software is a pre-release version, then you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. Keepsafe grants you a non-assignable, non-transferable, non- sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Service in the manner permitted by the Terms. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of the Terms.

2.3 VPN Service.

VPN Service. The VPN Service has sufficient capacity to accommodate average non-commercial use. However, from time to time during periods of extraordinarily heavy usage of the VPN Service, you may temporarily experience slower service or service unavailability. No such temporary slowdown or unavailability shall constitute a breach or default by Keepsafe of its obligations. Keepsafe reserves the right to temporarily suspend or limit your use of the VPN Service if: (a) your usage level exceeds our average customer use level or otherwise negatively impacts the overall health of the network determined by Keepsafe in its sole and absolute discretion, or (b) you exceed any bandwidth limitations associated with your account. No such suspension or limitation of the VPN Service shall constitute a breach or default by Keepsafe of its obligations.

2.4 Updates.

You understand that the Keepsafe Properties are evolving. As a result, Keepsafe may require you to accept updates to the Application or the Software that you have installed on your computer or mobile device. You acknowledge and agree that Keepsafe may update the Keepsafe Properties with or without notifying you. Any updates to the Keepsafe Properties are subject to these Terms. You may need to update third party software from time to time in order to continue using the Keepsafe Properties.

2.5 Certain Restrictions.

The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Keepsafe Properties, (b) you shall not frame or utilize framing techniques to enclose any Keepsafe trademark or logo (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Keepsafe’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Keepsafe Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not attempt or engage in, any potentially harmful acts that are directed against the Keepsafe Properties, including but not limited to violating or attempting to violate any security features of the Keepsafe Properties, using any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any Keepsafe Properties, or introducing viruses, worms, or similar harmful code into the Keepsafe Properties; (f) access the Keepsafe Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Keepsafe 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 contained on or in the Keepsafe Properties; (i) you shall not use the Keepsafe Properties in any manner that could damage, disable, overburden, or impair Keepsafe’s systems or networks, or interfere with any other party’s use and enjoyment of the Keepsafe Properties, including without limitation, by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Keepsafe Properties; (j) you may not attempt to gain unauthorized access to any computer systems or networks associated with the Keepsafe Properties; (k) . Any future release, update or other addition to the Keepsafe Properties shall be subject to the Terms. Keepsafe, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Keepsafe Properties terminates the licenses granted by Keepsafe pursuant to the Terms.

2.6 Third Party Materials.

Third Party Materials. As a part of the Keepsafe Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Keepsafe to monitor such materials and that you access these materials at your own risk.

2.7 Telephony Services.

(a) Generally. The Telephony Services enable users to acquire phone numbers during the period for which the applicable fees have been paid. Users may be able to request specific phone numbers, however, Keepsafe does not guarantee that any particular phone number may be available. If a user does not renew their subscription to a particular phone number, Keepsafe reserves the right to immediately, without any grace period, to reclaim such phone number. In the event Keepsafe reclaims any phone number, all associated data, such as call history, text messages and voicemail, may be permanently deleted. You agree that Keepsafe will not be liable for the deletion of any such data.

(b) Restrictions. We reserve the right to reclaim any phone number from your Account and return that number to the relevant numbering plan if you do not send sufficient traffic over that phone number such that the phone number is unutilized or underutilized, as defined by any local, federal and/or national regulatory agency and/or governmental organization with oversight over the relevant phone number and numbering plan. If we seek to reclaim a phone number from your Account, excluding suspended or trial Accounts, we will send you an email in advance telling you that we are reclaiming the phone number, unless we’re otherwise prevented from doing so by the applicable regulatory agency or governmental organization. We also reserve the right to reclaim phone numbers from Accounts suspend for failure to pay and/or suspended for suspected fraud, and to reclaim phone numbers in free trial Accounts that are utilized for more than thirty (30) days. YOU WILL NOT ATTEMPT TO USE THE TELEPHONY SERVICES OR ALLOW ACCESS TO EMERGENCY, E911 OR 911 SERVICES.

3.1 Registering Your Account.

In order to access certain features of the Keepsafe Properties, you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Application (“Account”).

3.2 Registration Data.

In registering for the Service, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Service under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Keepsafe Properties by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or Keepsafe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Keepsafe has the right to suspend or terminate your Account and refuse any and all current or future use of the Keepsafe Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. Keepsafe reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Keepsafe Properties if you have been previously removed by Keepsafe, or if you have been previously banned from the Service.

3.3 Activities Under Your Account.

You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify Keepsafe immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.

3.4 Necessary Equipment and Software.

You must provide all equipment and software necessary to connect to the Keepsafe Properties, including but not limited to, a mobile device that is suitable to connect with and use the Keepsafe Properties, in cases where the Service offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Keepsafe Properties.

4.1 Types of Content.

You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Keepsafe Properties, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not Keepsafe, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Keepsafe Properties (“Your Content”).

As a condition of use, you agree not to use the Keepsafe Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) to 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) violates 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 e-mail; (v) involves commercial activities and/or sales without Keepsafe’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 Keepsafe; or (vii) is inappropriate in any other manner that Keepsafe determines in its sole, reasonable discretion.

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

The purpose of the Terms is for you to secure access to the Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of Keepsafe’s Software or Application, and, furthermore, any use of Keepsafe’s Software or Application by you in furtherance of the Terms will be considered merely in support of the purpose of the Terms.

6.2 Payment.

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Keepsafe collects payments through a limited number of payment services (“Payment Provider”). You must provide Keepsafe with valid account information for the respective chosen Payment Provider. Your Payment Provider agreement governs your use of the designated credit card or other payment method, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Keepsafe with your payment information, you agree that Keepsafe is authorized to immediately invoice your Account for all fees and charges due and payable to Keepsafe hereunder and that no additional notice or consent is required. You agree to immediately notify Keepsafe of any change in payment credentials for payment hereunder. Keepsafe reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by e-mail delivery to you.

6.3 Service Subscription Fees.

You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select the term of your subscription (each, a “Service Commencement Dat”). Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and Keepsafe for the Services until Keepsafe or the Payment Provider, for example Apple or Google, accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

6.4 Taxes.

Keepsafe’s fees are net of any applicable Sales Tax. If any Service, or payments for any Service, are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Keepsafe, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify Keepsafe for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or such other evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Keepsafe its permitted to pass to its customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

6.5 Automatic Renewal.

Your subscription will continue indefinitely until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Keepsafe’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least 24 hours prior to the Renewal Commencement Date by logging into and going to the “Manage App Subscriptions” page in the Apple App Store or the “My Apps” page in the Google Play Store app. The same page will permit you to change your Account settings if you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then- current subscription period. By subscribing, you authorize Keepsafe to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Keepsafe does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Keepsafe may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be re-activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

6.6 Pre-purchased Minutes and Texts.

Users of the Telephony Service may be able to purchase calling minutes and text messaging packages (collectively, “Pre-Purchased Packages“). Pre-Purchased Packages are not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent described herein or as required by applicable law. Keepsafe prohibits and does not recognize any purported transfers of Pre-Purchased Packages outside of the Telephony Services, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates outside of the Telephony Services. Accordingly, you may not trade, sell or attempt to sell Pre-Purchased Packages for “real” money, or exchange those items or currency for value of any kind outside the Telephony Services. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You shall ensure that you have sufficient Pre-Purchased Packages in your Account before you initiate any transaction that requires such credits. If you have insufficient Telephony Credits in your Account to complete the transaction, the transaction will be cancelled. ALL TRANSACTIONS MADE USING Pre-Purchased Packages ARE FINAL AND ARE NON-REFUNDABLE.

KEEPSAFE CANNOT GUARANTEE THAT YOUR CONTENT WILL BE SAFE FROM OUTSIDE ATTACKS, HACKERS OR OTHER WAYS OF ACCESSING YOUR CONTENT ON THE FILE SYSTEMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE KEEPSAFE PROPERTIES IS AT YOUR SOLE RISK, AND THE KEEPSAFE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. KEEPSAFE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL KEEPSAFE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APPLICATION, THE SOFTWARE, THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT KEEPSAFE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL KEEPSAFE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY KEEPSAFE AS A RESULT OF YOUR USE OF THE SERVICE DURING THE TWELVE-MONTH PERIOD PRECEDING THE DATE ON WHICH YOU FIRST ASSERT YOU CLAIM. IF YOU HAVE NOT PAID KEEPSAFE ANY AMOUNTS DURING SUCH PERIOD, KEEPSAFE’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50.00).

THE TELEPHONY SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR SMS MESSAGES TO ANY EMERGENCY SERVICES. NEITHER KEEPSAFE NOR ITS SUPPLIERS WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE OR LOSS ARISING FROM OR RELATED TO THE INABILITY TO USE THE TELEPHONY SERVICES TO CONTACT EMERGENCY SERVICES.

9.1 Violations.

If Keepsafe becomes aware of any possible violations by you of the Terms, Keepsafe reserves the right to investigate such violations. If, as a result of the investigation, Keepsafe believes that criminal activity has occurred, Keepsafe reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Keepsafe is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Keepsafe Properties, including Your Content, in Keepsafe’s possession in connection with your use of the Keepsafe Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Keepsafe, its Users or the public, and all enforcement or other government officials, as Keepsafe in its sole discretion believes to be necessary or appropriate.

9.2 Breach.

In the event that Keepsafe determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, Keepsafe reserves the right to:

(a) Warn you via e-mail (to any e-mail address you have provided to Keepsafe) that you have violated the Terms;

(b) Delete any of Your Content provided by you or your agent(s) to the Keepsafe Properties;

(c) Discontinue your registration(s) with the Keepsafe Properties;

(d) Discontinue your subscription to any Service;

(e) Notify and/or send Your Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

(f) Pursue any other action which Keepsafe deems to be appropriate.

9.3 No Subsequent Registration.

If your registration(s) with or ability to access the Keepsafe Properties is discontinued by Keepsafe due to your violation of any portion of the Terms, then you agree that you shall not attempt to re-register with or access the Keepsafe Properties through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Keepsafe Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Keepsafe reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

10.1 Electronic Communications

The communications between you and Keepsafe use electronic means, whether you visit the Website or send Keepsafe e-mails, or whether Keepsafe posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Keepsafe in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Keepsafe provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

10.2 Release

You hereby release Keepsafe and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage of any kind arising 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 California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

10.3 Assignment

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Keepsafe’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

10.4 Force Majeure

Keepsafe and its licensors shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God; war; terrorism; riots; embargos; acts of civil or military authorities; fire; floods; accidents; strikes or shortages of transportation facilities; fuel; energy; labor; materials; problems with your computing or network infrastructure, hardware or product; problems with your internet service provider (ISP) or any sites you are attempting access through the VPN Service; or any electrical or other utility outage.

10.5 Dispute Resolution

• (a) Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Keepsafe may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Keepsafe Properties.
• (b) Any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
• (c) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
• (d) You and Keepsafe must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR KEEPSAFE MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Keepsafe will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (iv) Keepsafe also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (v) the arbitrator shall honor claims of privilege and privacy recognized at law; (vi) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (vii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (viii) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
• (e) The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 8 of the Terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.Notwithstanding the foregoing, either you or Keepsafe may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in San Francisco County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Francisco County, California, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
• (f) With the exception of (d)(i) and (ii) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either (d)(i) or (ii) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Keepsafe shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Francisco County, California. By using the Keepsafe Properties in any manner, you agree to the above arbitration provision.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

10.6 Choice of Law and Venue.

The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflict of laws principles that require the application of the law of a different state. You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which Keepsafe’s principal place of business is located for any lawsuit filed against you by Keepsafe arising from or related to the Terms.

10.7 Notice.

Where Keepsafe requires that you provide an e-mail address, you are responsible for providing Keepsafe with your most current e-mail address. In the event that the last e-mail address you provided to Keepsafe is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, Keepsafe’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Keepsafe at the following address: 178 Castro St., San Francisco, CA 94114. Such notice shall be deemed given when received by Keepsafe by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

10.8 Waiver.

Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

10.9 Severability.

If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

10.10 App Stores.

Youacknowledgeandagreethattheavailabilityofthe Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that the Terms are between you and Keepsafe only, and not with the App Store. Keepsafe, not the App Store, is solely responsible for the Keepsafe Properties, including the Application, the contents thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Keepsafe Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third- party terms of agreement (e.g., the App Store’s terms and policies) when using the Keepsafe Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

10.11 Accessing and Download the Application from iTunes.

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

(a) You acknowledge and agree that (i) the Terms are concluded between you and Keepsafe only, and not Apple, and (ii) Keepsafe, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Keepsafe and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Keepsafe.

(d) You and Keepsafe acknowledge that, as between Keepsafe and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and Keepsafe acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Keepsafe and Apple, Keepsafe, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

(f) You and Keepsafe acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

(g) Without limiting any other terms of 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 not use, export, import, or transfer the Keepsafe Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Keepsafe Properties, and any other applicable laws. In particular, but without limitation, the Keepsafe Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Keepsafe Properties, you represent and warrant that (i) 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 as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Keepsafe Properties for any purpose prohibited 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 Keepsafe are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Keepsafe products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations..

10.13 International Users.

The Keepsafe Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Keepsafe intends to announce such Services or Content in your country. The Keepsafe Properties are controlled and offered by Keepsafe from its facilities in the United States of America. Keepsafe makes no representations that Keepsafe Properties are appropriate or available for use in other locations. Those who access or use the Keepsafe Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10.14 Questions, Complaints, and Claims.

If you have any questions, complaints or claims, please contact us at: support@getkeepsafe.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

10.15 Consumer Complaints.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

10.16 Entire Agreement.

The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

The following provisions shall apply only if you are located in the countries listed below.

11.1 United Kingdom.

A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.

11.2 Germany.

Notwithstanding anything to the contrary in Section 8, Keepsafe is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).