Keepsafe was founded to
protect you.

We’re committed to preserving your trust.

These four principles about your privacy rights guide everything we do.

Privacy Policy

Our full Privacy Policy is below, in glorious legalese. Contact us with questions.

Last updated:
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California Notice at Collection: If you are a California resident, see the Additional Information for California Residents section below for important information about your rights under California law.European Users: If you are in the European Economic Area, United Kingdom or Switzerland (collectively, “Europe”), see the Additional Information for European Users section.

This Privacy Policy describes how Keepsafe Software Inc. (“Keepsafe”, “we”, “us”, or “our”) handles personal information we collect through our website at www.getkeepsafe.com and our mobile applications (collectively, the “Service”), as well as our social media pages, our marketing activities, our live events and other activities described in this Privacy Policy. We may provide additional or supplementary privacy policies for specific activities at the time we collect personal information.

Personal Information We Collect

Information You Give Us

We collect personal information you give us, such as:

Contact details. We may collect your contact details, such as your name and email address.

Account information. If you have a Service account, you can use and store different types of data in the Service, such as photos and videos, files, messages and other content.

Account content. If you have a Service account, you can use and store different types of data in the Service, such as photos and videos, files, messages and other content.

Transaction information. When you order paid versions of the Service, we collect information necessary to complete the transaction, including your name, payment information and billing information. We also collect your transaction history information.

Forum content. You may post messages and other content in help forums or message boards within the Service. This information is stored within the Service and other users can see it.

Feedback and correspondence. You may share information with us when you respond to surveys, request customer support or otherwise interact with us.

Marketing data. We may collect your preferences for receiving our marketing communications and any information you provide when you interact with them.

Contact details for parties you invite. If you decide to invite someone else to create an account on the Service, we will collect your and the third party's names and email addresses to send an email and follow up with the third party. You or the third party may contact us at privacy@getkeepsafe.com to request deletion of the other party's information. By inviting someone else to use the Service, you confirm that you have that person's consent to do so and that you have informed them of the content of this Privacy Policy.

Device information or information from components of your device, such as your microphone or camera, where you grant us permission. You may choose to give us permission to access certain data on or components of your device, such as your photos, contacts, microphone and camera. You can always disable this access in your device's settings.

Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of the collection.

Information We Collect Automatically

We, our service providers and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

  • Technical device information, such as your 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) and your unique device, application or advertising identifiers.
  • Online activity data, such as information about how you interact with the Service, such as the page that referred you, your search terms, pages or areas of the Service you use or share, the time and duration of visits, features you used and links you clicked on.
  • Communication interaction data, such as your interactions with our email or other communications (e.g., whether you open and/or forward email) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.

Cookies. Some of the automatic data collection is facilitated by cookies and other technologies. See our Cookie Notice for more information about how the Service and third party analytics providers and advertisers use cookies and other technologies when you use the Service.

How We Use Your Personal Information

We may use your personal information for the purposes listed below or otherwise described at the time of collection:

To provide the Service

We use your personal information to provide, operate, improve and support the Service. As part of providing the Service we may send you service announcements, technical notices, updates, security alerts and support-related messages through the Service or by email. We may also communicate with you in response to your support requests, questions or feedback. We also use your personal information to understand your needs and interests, and personalize your experience with the Service and our communications.

For research and development

We use the information we collect for research and development purposes, including to analyze and make improvements to the Service and to develop new features and services.

To send you marketing communications

If you use the Service, request information from us, or participate in our surveys, promotions or events, we may send you Keepsafe-related marketing communications. You can always opt out of these communications by following the opt-out instructions in the message or by contacting us.

Advertising

If you use an ad-supported version of the Service, our third-party advertising partners use cookies and other technologies to collect information about how you use it, and to serve you ads tailored to your interests in the Service and elsewhere. This is called interest-based advertising. See our Cookie Notice for more information.

Service improvement and analytics

We may use your personal information to analyze your usage of the Service, improve the Service, improve the rest of our business, help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails, and to develop new products and services.

To create aggregated, de-identified and/or anonymous data

We may create aggregated, de-identified, and/or anonymous data from your personal information. We make personal information into de-identified or anonymous data by removing information that makes the data personally identifiable to you. We may use this aggregated, de-identified and/or anonymous data and share it with third parties for our lawful business purposes, including to operate, understand and improve our Service and develop new services and will not attempt to reidentify any such data except as permitted by law.

For security, compliance, fraud prevention and safety

We may use your personal information as we believe appropriate to investigate or prevent violation of the law or our Terms of Service; to secure the Service; to protect our, your or others' rights, privacy, safety or property; and to protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

For compliance with law and in connection with legal claims

We may use your personal information as we believe appropriate to (a) comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities, (b) where permitted by law in connection with a legal investigation and (c) to prosecute or defend legal claims.

With your consent

In some cases, we may ask for your consent to collect, use or share your personal information with your consent, such as when we request access to your photos or other data through prompts in your mobile operating system.

How We Share Your Personal Information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection.

Affiliates

We may share some or all of your personal information with our subsidiaries, joint ventures, or other companies under common control, in which case we will require those entities to honor this Privacy Policy.

Service providers

We may employ third party companies or individuals to provide services that support the Service (such as customer support, hosting, payment processing, website and mobile application analytics and email delivery). We authorize these service providers to use your personal information only as necessary in connection with providing their services to us.

Advertising partners

We may disclose information about you to third-party advertising companies for the Advertising purposes described above.

Authorities and others

We may disclose information about you as we believe appropriate to government or law enforcement officials, regulators or private parties (a) for the security, compliance, fraud prevention and safety purposes described above; (b) as required by law, lawful requests or legal process; (c) where permitted by law in connection with any legal investigation; and (d) to prosecute or defend legal claims.

Business and marketing partners

Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.

Professional advisors

We may disclose your personal information to professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Business transfers

We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization, sale of assets or in the event of bankruptcy.

Other users

Your forum content is visible to other users of the Service, and your account content may be visible to other users who you permit to access the content. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by other users, and we are not responsible for any such use of this information.

Your Choices

In this section, we describe the rights and choices available to all users. Users who are located in California or Europe can find additional information about their rights under the 'Additional Information for California Residents' and 'Additional Information for European Users' sections respectively.

If you have an account, you can access and update the personal information in your profile. Registered users may also contact us to request deletion of your account and personal information. We may request information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request, such as where we need to retain your information for security, compliance, fraud prevention and safety, to comply with law or for legal claims. If we decline your request, we will tell you why, subject to legal restrictions. Once we process your request, you will not be able to access your account or use the Service. When we delete any information, it will be deleted from our active database, but where permitted by law, may remain for a period of time in our backup files or other instances where deletion is not practicable.

Marketing communications

You may opt out of marketing-related communications by following the opt-out prompt in the message, or by contacting us. You may continue to receive service-related and other non-marketing communications.

Do Not Track

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit https://www.allaboutdnt.com.

Declining to provide information

We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Security

We use a variety of technologies and procedures designed to help protect your personal information from unauthorized access, use, or disclosure. However, security risk is inherent in all information technology. Thus, we cannot guarantee its absolute security. If you believe the security of the Service or your personal information has been compromised, contact us immediately.

Retention

The length of time we retain particular categories of personal information is determined based on whether it is sufficient to fulfill the purposes for which we collected it, including to satisfy legal, regulatory, accounting, or reporting requirements, establish or defend legal claims, enforce our agreements, resolve disputes or fraud prevention. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means, and the applicable legal requirements.

International Data Use

Keepsafe is headquartered in the United States and has affiliates and service providers in other countries. Your personal information may be collected, used and stored in the United States or in other locations outside of your home country. Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country. Further information for users in the European Economic Area, United Kingdom or Switzerland can be found under 'Additional Information for European Users'.

Third Party Sites and Services

The Service may link to or integrate with other websites and services operated by third parties, including social media platforms, advertising services and other websites and applications. These links and integrations are not endorsements of, or representations that we are affiliated with, any third party. We do not control third party websites, applications or services and we are not responsible for their actions. Third party websites and services follow different rules regarding their collection, use and sharing of your personal information and we encourage you to read their privacy policies to learn more.

Children

The Service is not directed to anyone under the age of 16. A parent or guardian who becomes aware that a child has provided their personal information through the Service may contact us and we will attempt to delete the child's personal information as soon as possible.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective when posted (or as otherwise indicated at the time of posting).

In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.

Contact Us

If you have any questions or concerns about our Privacy Policy, please contact us at:

Keepsafe, Inc.
548 Market Street
PMB 66506
San Francisco, California 94104
United States of America
Attention: Privacyprivacy@getkeepsafe.com

Additional Information for California Residents

This section describes how we collect, use, and share Personal Information of California residents in our capacity as a “business” under the California Consumer Privacy Act (“CCPA”), and their rights with respect to that Personal Information. For purposes of this section, the term “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. In some cases, we may provide a different privacy notice to certain categories of California residents, in which case that notice will apply instead of this section.

Your California privacy rights.

California residents have the rights listed below under the CCPA. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

  • Information

    You can request the following information about how we have collected and used your Personal Information during the past 12 months:

    • The categories of Personal Information that we have collected.
    • The categories of sources from which we collected Personal Information.
    • The business or commercial purpose for collecting, selling and/or sharing Personal Information.
    • The categories of third parties to whom we disclose Personal Information.
    • The categories of Personal Information that we sold or disclosed or shared for a business purpose.
    • The categories of third parties to whom the Personal Information was sold, shared or disclosed for a business purpose.
  • Access

    You can request a copy of the Personal Information that we have collected about you during the past 12 months.

  • Deletion

    You can ask us to delete the Personal Information that we have collected from you.

  • Correction

    You can ask us to correct inaccurate Personal Information that we have collected about you.

  • opt-out

    You can request to opt-out of disclosures of your personal information that constitute "selling" or "sharing" of your personal information as defined in the CCPA.

  • Nondiscrimination

    You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.

Exercising your right to information, access, correction and deletion.

You may submit requests to exercise these rights via email to privacy@getkeepsafe.com.

Notice of right to opt-out of the “selling” or “sharing” of your Personal Information.

Like many companies, we use services that help deliver interest-based ads to you as described above in the Advertising section. Our use of some of these services may be classified under California law as “selling” or “sharing” your Personal Information (including your contact data, device data and online activity data described above in “Personal information we collect”) with the advertising partners that provide the services. You can submit requests to opt-out of this “selling” or “sharing” here: Do Not Sell or Share My Personal Information. We have no actual knowledge that we have sold or shared the Personal Information of any California residents under the age of 16.

We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

Verification of identity; authorized agents.

We will need to verify your identity to process your information, access, correction and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require authentication into an online account with us (if you have one), information that we match against information we maintain about you, government identification, a declaration under penalty of perjury or other information, where permitted by law.

We will need to verify your identity to process your information, access, correction and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require authentication into an online account with us (if you have one), information that we match against information we maintain about you, government identification, a declaration under penalty of perjury or other information, where permitted by law.

Personal information that we collect, use and disclose.

The list below summarizes the Personal Information we collect by reference to the categories of Personal Information specified in the CCPA (Cal. Civ. Code §1798.140), and describes our practices currently and during the 12 months preceding the effective date of this Privacy Policy. The terms in the list refer to the categories of information, sources, purposes and third parties described above in this Privacy Policy in more detail. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below.

  • Sensitive personal information.

    We do not use or disclose sensitive personal information for purposes that California residents have a right to limit under the California Consumer Privacy Act.

  • Contact details

    • CCPA statutory category: Identifiers; Commercial information; California customer records
    • Sources: You; Third-party sources
    • Business/Commercial Purposes: To provide the Service; For research and development; To send you marketing communication; Advertising; Service improvement and analytics; To create aggregated, de-identified and/or anonymous data; For security, compliance, fraud prevention and safety; For compliance with law and in connection with legal claims
    • Third parties to whom we disclose: Affiliates; Service providers; Advertising partners; Authorities and others; Business and marketing partners; Professional advisors; Business transferees
    • Third parties with whom we “sell” or “share” PI for interest-based advertising: Advertising partners; Business and marketing partners
  • Account information

    • CCPA statutory category: Identifiers; Commercial information; California customer records
    • Sources: You; Automatic collection
    • Business/Commercial Purposes: To provide the Service; For research and development; To send you marketing communication; Advertising; Service improvement and analytics; To create aggregated, de-identified and/or anonymous data; For security, compliance, fraud prevention and safety; For compliance with law and in connection with legal claims
    • Third parties to whom we disclose: Affiliates; Service providers; Advertising partners; Authorities and others; Business and marketing partners; Professional advisors; Business transferees; Other users
    • Third parties with whom we “sell” or “share” PI for interest-based advertising: Advertising partners; Business and marketing partners
  • Account content

    • CCPA statutory category: Identifiers; Sensory information; California customer records
    • Sources: You
    • Business/Commercial Purposes: To provide the Service; For research and development; Service improvement and analytics; To create aggregated, de-identified and/or anonymous data; For security, compliance, fraud prevention and safety; For compliance with law and in connection with legal claims
    • Third parties to whom we disclose: Affiliates; Service providers; Authorities and others; Professional advisors; Business transferees; Other users
    • Third parties with whom we “sell” or “share” PI for interest-based advertising: None
  • Transaction Information

    • CCPA statutory category: Commercial information; California customer records; Financial information
    • Sources: You; Third-party sources
    • Business/Commercial Purposes: To provide the Service; For research and development; To send you marketing communication; Advertising; Service improvement and analytics; To create aggregated, de-identified and/or anonymous data; For security, compliance, fraud prevention and safety; For compliance with law and in connection with legal claims
    • Third parties to whom we disclose: Affiliates; Service providers; Advertising partners; Authorities and others; Business and marketing partners; Professional advisors; Business transferees
    • Third parties with whom we “sell” or “share” PI for interest-based advertising: Advertising partners; Business and marketing partners
  • Forum Content

    • CCPA statutory category: Sensory information; California customer records
    • Sources: You
    • Business/Commercial Purposes: To provide the Service; For research and development; To send you marketing communication; Advertising; Service improvement and analytics; To create aggregated, de-identified and/or anonymous data; For security, compliance, fraud prevention and safety; For compliance with law and in connection with legal claims
    • Third parties to whom we disclose: Third parties to whom we disclose: Affiliates; Service providers; Advertising partners; Authorities and others; Business and marketing partners; Professional advisors; Business transferees; Other users
    • Third parties with whom we “sell” or “share” PI for interest-based advertising: Advertising partners; Business and marketing partners
  • Feedback and Correspondence

    • CCPA statutory category: Identifiers; Commercial information; California customer records; Internet or network information
    • Sources: You; Third-party sources; Automatic collection
    • Business/Commercial Purposes: To provide the Service; For research and development; To send you marketing communication; Advertising; Service improvement and analytics; To create aggregated, de-identified and/or anonymous data; For security, compliance, fraud prevention and safety; For compliance with law and in connection with legal claims
    • Third parties to whom we disclose: Affiliates; Service providers; Advertising partners; Authorities and others; Business and marketing partners; Professional advisors; Business transferees
    • Third parties with whom we “sell” or “share” PI for interest-based advertising: Advertising partners; Business and marketing partners
  • Marketing Data

    • CCPA statutory category: Identifiers; Commercial information; California customer records; Internet or network information
    • Sources: You; Third-party sources
    • Business/Commercial Purposes: To provide the Service; For research and development; To send you marketing communication; Advertising; Service improvement and analytics; To create aggregated, de-identified and/or anonymous data; For security, compliance, fraud prevention and safety; For compliance with law and in connection with legal claims
    • Third parties to whom we disclose: Affiliates; Service providers; Advertising partners; Authorities and others; Business and marketing partners; Professional advisors; Business transferees
    • Third parties with whom we “sell” or “share” PI for interest-based advertising: Advertising partners; Business and marketing partners
  • Contact Details for Parties You Invite

    • CCPA statutory category: Identifiers; Sensory information; California customer records
    • Sources: You
    • Business/Commercial Purposes: To provide the Service; For research and development; Service improvement and analytics; To create aggregated, de-identified and/or anonymous data; For security, compliance, fraud prevention and safety; For compliance with law and in connection with legal claims
    • Third parties to whom we disclose: Affiliates; Service providers; Authorities and others; Professional advisors; Business transferees
    • Third parties with whom we “sell” or “share” PI for interest-based advertising: None
  • Device Information

    • CCPA statutory category: Identifiers (other); Internet or network information
    • Sources: Automatic collection
    • Business/Commercial Purposes: To provide the Service; For research and development; To send you marketing communication; Advertising; Service improvement and analytics; To create aggregated, de-identified and/or anonymous data; For security, compliance, fraud prevention and safety; For compliance with law and in connection with legal claims
    • Third parties to whom we disclose: Affiliates; Service providers; Advertising partners; Authorities and others; Business and marketing partners; Professional advisors; Business transferees
    • Third parties with whom we “sell” or “share” PI for interest-based advertising: Advertising partners; Business and marketing partners
  • Online activity data

    • CCPA statutory category: Identifiers (other); Commercial information; Internet or network information
    • Sources: Automatic collection
    • Business/Commercial Purposes: To provide the Service; For research and development; To send you marketing communication; Advertising; Service improvement and analytics; To create aggregated, de-identified and/or anonymous data; For security, compliance, fraud prevention and safety; For compliance with law and in connection with legal claims
    • Third parties to whom we disclose: Affiliates; Service providers; Advertising partners; Authorities and others; Business and marketing partners; Professional advisors; Business transferees
    • Third parties with whom we “sell” or “share” PI for interest-based advertising: Advertising partners; Business and marketing partners
  • Phone Information

    • CCPA statutory category: Identifiers; Internet or network information
    • Sources: Automatic collection
    • Business/Commercial Purposes: To provide the Service; For research and development; Service improvement and analytics; To create aggregated, de-identified and/or anonymous data; For security, compliance, fraud prevention and safety; For compliance with law and in connection with legal claims
    • Third parties to whom we disclose: Affiliates; Service providers; Authorities and others; Professional advisors; Business transferees
    • Third parties with whom we “sell” or “share” PI for interest-based advertising: None
  • Data derived from the above

    • CCPA statutory category: Inferences
    • Sources: Automatic collection
    • Business/Commercial Purposes: To provide the Service; For research and development; To send you marketing communication; Advertising; Service improvement and analytics; To create aggregated, de-identified and/or anonymous data; For security, compliance, fraud prevention and safety; For compliance with law and in connection with legal claims
    • Third parties to whom we disclose: Affiliates; Service providers; Advertising partners; Authorities and others; Business and marketing partners; Professional advisors; Business transferees
    • Third parties with whom we “sell” or “share” PI for interest-based advertising: Advertising partners; Business and marketing partners

Additional Information for European Users

Personal information

References to "personal information" in this Privacy Policy are equivalent to "personal data" governed by the "GDPR" (i.e., the General Data Protection Regulation 2016/679 ("EU GDPR") and the EU GDPR as it forms part of UK law ("UK GDPR").

Controller

Keepsafe, Inc. is the controller of your personal information and can be reached using the contact details in the Contact Us section above.

GDPR Representatives

Our EU GDPR representative is:

European Data Protection Office (EDPO)
Avenue Huart Hamoir 71
1030 Brussels
BelgiumOnline requests:
https://edpo.com/gdpr-data-request/
Our UK GDPR representative is:

EDPO UK Ltd
8 Northumberland Avenue
London WC2N 5BY
United KingdomOnline requests:
https://edpo.com/uk-gdpr-data-request/

Legal bases for processing

In respect of each of the purposes for which we use your personal information, the GDPR requires us to ensure that we have a “legal basis” for that use. Our legal bases for processing your personal information described in this Privacy Policy are listed below.

  • Where we need to perform a contract, we are about to enter into or have entered into with you ("Contractual Necessity").
  • Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests ("Legitimate Interests"). More detail about the specific legitimate interests pursued in respect of each purpose we use your personal information for is set out in the table below. When we rely on our Legitimate Interests to process your personal data, we consider and balance potential impact on you and your rights before we process your personal information for our legitimate interests.
  • Where we need to comply with a legal or regulatory obligation ("Compliance with Law").
  • Where we have your specific consent to carry out the processing for the purpose in question ("Consent").

We have set out below, in a table format, the legal bases we rely on in respect of the relevant purposes for which we use your personal information – for more information on these purposes and the data types involved, see 'How we use your personal information'.

Processing purpose Relevant personal information Legal basis
To provide the Service
  • Contact details
  • Account information
  • Account content
  • Transaction information
  • Forum content
  • Contact details for parties you invite
  • Device data
  • Technical device information
  • Online activity data
  • Communication interaction data
  • Phone information
  • Contractual Necessity.
For research and development
  • Any and all personal information relevant to the processing
  • Legitimate Interests.
    We have a legitimate interest in promoting our Services and sending marketing communications for that purpose.
To send you marketing communications
  • Contact details
  • Marketing data
  • Legitimate Interests.
    We have a legitimate interest in promoting our Services and sending marketing communications for that purpose.
  • Consent, in circumstances or in jurisdictions where consent is required under applicable data protection laws to the sending of any given marketing communications.
To deliver ads to you
  • Device data
  • Technical device information
  • Consent.
Service improvement and analytic
  • Any and all personal information relevant to the processing
  • Legitimate Interests.
    We have a legitimate interest in promoting our Services and sending marketing communications for that purpose.
To create aggregated, de-identified and/or anonymous data
  • Any and all personal information relevant to the processing
  • Legitimate Interests.
    We have a legitimate interest in promoting our Services and sending marketing communications for that purpose.
For security, compliance, fraud prevention and safety
  • Any and all personal information relevant to the processing
  • Compliance with law
  • Legitimate Interests.
    Where Compliance with Law is not applicable, we have a legitimate interest in ensuring the ongoing security and proper operation of our Services and associate information technology systems and networks.
For compliance with law; legal claims
  • Any and all personal information relevant to the processing
  • Compliance with law
  • Legitimate Interests.
    Where Compliance with Law is not applicable, we have a legitimate interest in participating in, supporting, and following legal process and requests, including through co-operation with authorities. We may also have a legitimate interest of ensuring the protection, maintenance, and enforcement of our rights, property, and/or safety.
With your consent
  • Any and all personal information relevant to the processing
  • Consent.

Note that different legal bases may apply to the same personal information when processed for different purposes. For example, we may rely on Consent where required by law or your mobile operating system to access photos on user's device, but we may rely on Contractual Necessity when we store or use the photos to provide the Service, or on Legitimate Interests if we had to review it to investigate a complaint that the photo contained content that violated our Terms of Service.

Data transfers

If we transfer your personal information out of Europe in a manner that requires us to apply appropriate safeguards to your personal information under the GDPR, we will do so. Please contact us for information on any such transfers or the appropriate safeguards applied, or to request a copy of such safeguards.

Your rights

In certain circumstances, you may ask us to take the following actions:

  • Access. Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct. Update or correct inaccuracies in your personal information.
  • Delete. Delete your personal information.
  • Export. Export a machine-readable copy of your personal information that you can use with a different service.
  • Restrict. Restrict the processing of your personal information.
  • Object. Object to our reliance on our legitimate interests as the legal basis of processing your personal information if that processing adversely impacts your legal rights.

To request one of these actions, contact us using the details in the Contact Us section above. We may request information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, please contact us. In addition, you may submit a complaint to the data protection regulator in your jurisdiction:

Terms of Service

Your trust is our primary concern. Reach out with questions.

Your trust is our primary concern. Reach out with questions.

Last Updated: December 14, 2018
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PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “TERMS”) CAREFULLY. KEEPSAFE SOFTWARE, INC. (“KEEPSAFE” OR “WE” OR “US") MAKES AVAILABLE BY ACCESSING OR USING THIS WEBSITE AND ANY OTHER WEBSITES OF KEEPSAFE (COLLECTIVELY, THE “WEBSITE”), AND THE SERVICE AND APPLICATIONS DESCRIBED IN THESE TERMS. BY ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR APPLICATIONS (THE “SERVICE”), DOWNLOADING THE KEEPSAFE SOFTWARE APPLICATIONS FOR MOBILE DEVICES (EACH, AN “APPLICATION”, AND COLLECTIVELY, THE “APPLICATIONS”), COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH KEEPSAFE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICE.

IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT KEEPSAFE’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 6.5 BELOW.

THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY KEEPSAFE IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Keepsafe will make a new copy of the Terms of Service available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered to use the Service, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Website or Service and for any other users who expressly agree to them. Otherwise, such changes will be effective thirty (30) days after posting of notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have a registered account on the Website (each, a “Registered User”) upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. Keepsafe 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 change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Service. Otherwise, your continued use of the Website and/or Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

  1. Keepsafe Service Description.

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”).

  1. Use of the Service and Keepsafe Properties.

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.

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.

2.7 My Number Lookup Service; SMS.
(a) General. This Section 2.7 applies when you use our My Number Lookup service (the “SMS Service”). The SMS Service allows you to send us requests via mobile text message personal information associated with your phone number that we collect from publicly available and commercially available sources and marketing information about our Keepsafe Unlisted service.

Your carrier's standard messaging and data rates apply to your initial request message, our confirmation and all subsequent text message correspondence. We do not charge for any content, however, downloadable content may incur additional charges from your cell phone provider. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control. All charges are billed by and payable to your mobile service provider.

By requesting to receive marketing text messages from +1 (855) 228-4539 or another number or shortcode provided to you through the SMS Service, you consent to receiving the number of marketing messages specified in the call to action using automated technology on your mobile phone or device. You can unsubscribe at any time from all messages from this number by texting STOP. Your consent to receive text messages is not required to make a purchase.

You represent that you are the owner or authorized user of the wireless device you use to contact the SMS Service, and that you are authorized to approve the applicable charges.

We will not be liable for any delays or failures in your receipt of any text messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. Text message services are provided on an AS IS, AS AVAILABLE basis.

Data we obtain from you in connection with the SMS Service may include your cell phone number, your carrier's name, and the date, time and content of your messages and other information that you may provide. We will only use this information to provide the SMS Service and other services you request from us, and as otherwise described in these Terms and our Privacy Policy. We do not use any SMS Data about you for any purpose other than to provide it to you when you use the SMS Service, we do not share it with any third parties (except for our service providers as described in our Privacy Policy) and we do not retain it for longer than is necessary provide the SMS Service. Your wireless carrier and other service providers may also collect data about your text message usage, and their practices are governed by their own policies.

When you provide us information in connection with the SMS Service, you agree to provide accurate, complete, and true information. The SMS Service and the content and materials received through the service are proprietary to us or our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the SMS Service or its functionality.

The SMS Service is available only in the United States.

We reserve the right to alter charges and/or the terms and conditions set forth in this Section 2.7 from time to time. We may suspend or terminate your access to the SMS Service if we believe you are in breach of our terms and conditions. Your access to the SMS Service is also subject to termination in the event that your wireless service terminates or lapses. We may discontinue the SNS Service at any time.

If you have any questions, email us at privacy@getkeepsafe.com. You can also text the word HELP to the number from which you received our text messages to get additional information about these services. We do not charge for help or info messages; however, your normal carrier rates apply.

(b) SMS Data Terms. The terms and conditions in this Section 2.7(b) apply to any personal information associated with your phone number and other content that you receive from the SMS Service (“SMS Data”). You agree that you will not:
1. use any SMS Data for marketing purposes, except to respond to an inquiry, application,
purchase or transaction;
2. publish, offer, sell, license, transmit, distribute, or reproduce the SMS Data via any
means;
3. use the SMS Data in violation of any applicable law, rule, or regulation (e.g., the
Telephone Consumer Protection Act, the Fair Credit Reporting Act) or in violation of any
third party right;
4. store the SMS Data for purposes other than your own internal, non-commercial purposes
(storage of the data for resale is expressly prohibited);
5. cache the SMS Data to avoid additional queries; or
6. merge the SMS Data with databases or compilations for purposes other than your own
internal business purposes.
Additionally, you acknowledge that the SMS Service is not provided by a “consumer reporting agency” as that term is defined in the Fair Credit Reporting Act (“FCRA”) and the SMS Data does not constitute “consumer reports” as defined in the FCRA. Accordingly, the SMS Data may not be used as a factor in determining eligibility for credit, insurance, employment or another purpose in which a consumer report may be used under the FCRA.

You represent and warrant that you will comply with the terms and conditions set forth in this Section 2.7(b) (“SMS Data Terms”). You acknowledge and agree that (a) the SMS Data is provided to you on an “as is” basis without warranties of any kind; (b) neither KeepSafe nor its SMS Data licensors will be liable to you in any manner in connection with your use of the SMS Data; and (c) you shall indemnify, defend, and hold harmless KeepSafe and its SMS Data licensors from and against all claims, actions, and judgments arising out of your use of the SMS Data. Our SMS Data suppliers shall be third party beneficiaries of these SMS Data Terms and shall have the right to enforce them. These SMS Data Terms are in addition to, and shall not be construed to limit the effect of, any other provision of these Terms.

 

  1. Registration.

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 sixteen (16) 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.

  1. Responsibility for Content.

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”).

  1. User Conduct.

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.

  1. Fees and Purchase Terms.

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.

  1. Keepsafe Is Provided As-Is.

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.

  1. Limitation of Liability.

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.

  1. Remedies

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.

  1. Miscellaneous Legal Terms.

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) agree 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 agree 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: 427 Bryant St., San Francisco, CA 94107. 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.

  1. International Provisions.

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).

 

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