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: May 25, 2018

If you used our Service before May 25, 2018, this Privacy Policy will apply to you as of June 24, 2018, except that all user choices and rights described in this Privacy Policy are available to you effective immediately.

This Privacy Policy describes how Keepsafe Software Inc. (“Keepsafe”) handles personal information we collect about users of our website at www.getkeepsafe.com and our mobile applications (collectively, the “Service”).

Personal Information We Collect

How We Use Your Personal Information

How We Share Your Personal Information

Your Choices

Security

International Data Use

Third Party Sites and Services

Children

Changes to this Privacy Policy

Contact Us

Additional Information for European Union Users

 
Personal Information We Collect

Information You Give Us

We collect personal information you give us, such as:

 

Account information. We collect personal information when you create an account, such as your email address and password, as well as your phone number if you provide one to enable two-factor authentication or if you use our telephony service.

 

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.

 

Forum contentYou 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.

 

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 support@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 permission to do so.

Device dataYou 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.

 

Sensitive personal information

We will never ask you to send us or submit to the Service any information related to racial or ethnic origin; political opinions or union membership; religious or other beliefs; your health, biometric or genetic information; information about your sexual preference or sexual orientation; or information about your criminal background.

Information we collect automatically

Device and usage informationWe use server logs, cookies and similar technologies to automatically collect information about your computer or device and how you interact with the Service.  For example, we may record 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.   In addition to information about your device, we collect 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.

See the VPN Service section below to learn more about information we collect when you use that service.

Cookies.  See our Cookie Notice for more information about how the Service and third party analytics providers and advertisers use cookies and similar technologies to collect your information when you use the Service.

Phone information.  If you use the telephony or text messaging services available in some of our mobile applications, we may collect information related to your use of these services, such as the phone numbers you call and message and from which you receive calls and messages, the content of text messages, number of minutes used, number of text messages sent, and amount of data plan consumed.

Advertising

If you use an ad-supported version of the Service, advertising companies use cookies and similar technologies to collect information about how you use it, and to serve you ads tailored to your interests in the Service and elsewhere.  See our Cookie Notice for more information.


How We Use Your Personal Information

We will only use your personal information in ways that are compatible with the purposes listed below for which it was collected or as subsequently authorized by you.

 

To provide the Service

We use your personal information to provide 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.

 

To provide the VPN Service

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

For research and development

We use the information we collect to better understand your interests and the Service, 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 communication.  You can always opt out of these communications by following the opt-out instructions in the message or by contacting us.

 

To create anonymous data

We may create aggregated and other anonymous data from our users’ personal information.  We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties to operate, understand and improve our Service, develop new services and for other lawful business purposes.

 

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.

 

For compliance with law; 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

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 app 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. If we learn that a service provider is using or disclosing personal information in a manner contrary to this Privacy Policy, we will take reasonable steps to stop it.

 

For compliance with law; legal claims; security, compliance, fraud prevention and safety

We may disclose information about you as we believe appropriate to government or law enforcement officials 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 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.

 

Your Choices

 

Access, correct or delete

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

 

Security

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

 

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.

 

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 used 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 may modify this Privacy Policy at any time.  If we make material changes to this Privacy Policy we will notify you by email (if we have your email address) or another reasonable manner through the Service. Any modifications to this Privacy Policy will be effective when posted (or as otherwise indicated at the time of posting).

If you object to an update of this Privacy Policy, you must notify us and ask to deactivate your account and delete your personal information prior to the effective date of the update. Continued use of the Service after an update to this Privacy Policy will indicate your acceptance of the update.

 

Contact Us

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

Keepsafe, Inc.
427 Bryant Street
San Francisco, California 94107
United States of America
Attention: Privacy
privacy@getkeepsafe.com

 

Additional Information for European Union Users

Personal information

References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

 

Controller

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

 

EU representative

Our EU representative is:

Keepsafe Europe GmbH
Heinrich-Roller-Str. 15, 10405
Berlin, Germany
Attention: Privacy
privacy@getkeepsafe.com

Legal bases for processing

Your country only allows us to use your personal information on certain “legal bases”.  We generally rely on the following legal bases:

Processing purpose (click link for details) Legal basis

 

To provide the Service

 

You have entered a contract with us and we need to use your personal information to provide services you have requested or take steps that you request prior to providing services.  If you do not provide information indicated as required or mandatory within the Service, or that is otherwise necessary to provide a requested service or feature within the Service, it will not be available to you.

For research and development
To send you marketing communications
To create anonymous data
For security, compliance, fraud prevention and safety
These processing activities constitute our legitimate interests.  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. We do not use your personal information for activities where the impact on you overrides our interests (unless we have your consent or are otherwise required or permitted to by law).
For compliance with law; legal claims
Sharing your personal information as described in this Privacy Policy 
Processing is necessary to comply with our legal obligations or the activities constitute our legitimate interests.
With your consent Processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated at the time consent is requested.

 

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 performance of a contract 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 export

If we transfer your personal information out of the European Economic Area in a manner that requires us to apply additional safeguards to your personal information under European data protection legislation, we will do so.  Please contact us for information on any such transfers or the safeguards applied.

Retention

We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including to satisfy legal, accounting, or reporting requirements.  To determine the appropriate retention period for personal information, 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.

Your rights

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.  You can find your data protection regulator here

 

Cookie Notice

Cookies are small data files stored on your computer or mobile device by a website. They transmit information about your use of the site to its operator or to third parties that placed the cookie.

Our sites and applications use both session and persistent cookies to enable you to sign in and use our sites and applications, store your preferences and settings within them; analyze how they perform, personalize your experience with them, provide interest-based advertising and for other lawful purposes.  We may also use other similar technologies for these purposes, such unique device identifiers, and third party software embedded in our mobile applications.  In some cases, these cookies and similar technologies are used by third parties.

The cookies and similar technologies used in our sites and mobile applications are as follows:

Type Description Third Party
Essential Essential to provide you with services available through our sites and to enable you to use some of their features.

We cannot provide the services our users request without them.

 

None
Functionality Allow our sites to remember the choices you make when you use our sites.

Intended to provide you with a more personal experience and to avoid you having to re-select your preferences every time you visit our sites.

 

None
Analytics Collect information about traffic to our sites and mobile applications, and how our users use them, such as the number of visitors, the websites that referred them, the pages they visited, what time of day they visited, whether they have visited before, what features they used and other similar information.  We use this information to help operate and improve our sites and mobile applications.  Google Analytics. Learn more information about Google Analytics cookies here and about how Google protects your data here.  You can prevent the use of Google Analytics relating to your use of our sites by downloading and installing the browser plugin available here.

Amplitude. Learn more at www.amplitude.com.

Advertising Used by advertising companies to collect information about how you use our sites and mobile applications and other sites and applications over time.  These companies use this information to show you ads they believe will be relevant to you within our sites and mobile applications and elsewhere, and to measure how the ads perform. Mopub, a division of Twitter. See Mopub’s privacy policy here: https://www.mopub.com/legal/privacy/

 

 

Disabling cookies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings.  Many browsers accept cookies by default until you change your settings.  For more information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.  If you do not accept our cookies, you may experience some inconvenience on our sites. For example, you may not be able to store preferences in our sites.  If you disable cookies, certain features of our website may not work.

Limiting mobile application tracking.  Most mobile devices provide settings that will let you limit collection of your information for advertising.  To learn more see http://www.networkadvertising.org/mobile-choice.

For more information about how we collect, use and share your personal information, see our Privacy Policy.

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: May 25, 2018

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE (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 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.

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.

  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: 178 Castro St., San Francisco, CA 94114. Such notice shall be deemed given when received by Keepsafe by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

10.8 Waiver.

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

10.9 Severability.

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

10.10 App Stores.

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

10.11 Accessing and Download the Application from iTunes.

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

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

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

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

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

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

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

(g) Without limiting any other terms of the Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

10.12 Export Control.

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

10.13 International Users.

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

10.14 Questions, Complaints, and Claims.

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

10.15 Consumer Complaints.

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

10.16 Entire Agreement.

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

  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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