Terms of Service

Last Updated: May 24, 2025

Please carefully read the following Terms of Service before registering for and using the Safeinity® Service.

By registering for a Safeinity® account you or the entity you represent ("you" and "your") agree to be bound by these Terms of Service (the "Terms"), which govern your access to and use of the Safeinity® Service (the "Service") offered by Safeinity Inc. ("we", "us" or "our"). Some applications of the Service may implement open source code released under the GNU General Public License ("GPL"). Please carefully read the GPL as well as our Service Level Agreement and Privacy Policy, which are incorporated into these Terms. Your use of our Services must comply with these Terms and applicable policies, as well as applicable law, including export control laws and regulations, privacy laws, intellectual property laws and other third party legal rights.

If you are registering for the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

It is important to note that the functionality of the Service is time-dependent and these Terms represent the functionality as of now. It is possible that earlier versions of the Service do not support all the functionalities as described below.

1. Your Account

In order to prevent unauthorized access to your Account, you agree to keep your password and other Account details confidential.

The data you upload to your Account is owned by you, and you, as the Account holder, are solely responsible for access to, content in or sharing and use of your Account. We are not liable for any loss or damage arising from any access to, content in, or sharing and use of your Account. If you believe there has been unauthorized access to your Account, you must notify support@safeinity.com immediately.

2. Conditions of Use

By using the Services, you agree that you:

If there is suspicion that an account is being used for storage and distribution of any illegal material such as copyrighted content, we reserve the right to examine the content of standard uploads. We may also access standard upload data for support related activities. We normally do not review, inspect, edit or monitor any content, data or files stored by you. We reserve the right to refuse, remove or disable access to any data or files stored on our servers with immediate effect that we determine may be illegal, may violate these Terms, may violate the rights of any third party or otherwise may be reasonably objectionable. Note: Client-side encrypted files cannot be examined or accessed by us as they are encrypted with keys only you control.

3. Content Rights and User Licenses

Your Content Ownership: You retain all ownership rights to the content, data, and files you upload to our services. We do not claim ownership of your content.

License Grant to Safeinity: By uploading content to our services, you grant Safeinity a limited, non-exclusive, royalty-free license to:

Client-Side Encrypted Content: For client-side encrypted files, our license is limited to storing and transmitting encrypted data. We cannot access the actual content of these files.

Content Restrictions: You may not upload content that:

Content Responsibility: You are solely responsible for the content you upload and must ensure you have all necessary rights and permissions.

DMCA Compliance: We respond to valid DMCA takedown notices as outlined in our Copyright Policy section.

4. Registration Information / Privacy

You agree to promptly notify us of any change in the information you provided during your registration for the Services (including, without limitation, any change in your mailing address, telephone numbers or email address). The registration information (including your selected username and password) provided by you during your registration for the Service, together with any and all updates provided by you from time to time under this paragraph, is referred to in these Terms as the "Registration Information." Our policy regarding the privacy and use of the Registration Information is set forth in our Privacy Policy, which may be modified and amended by us from time to time. By accepting these Terms, you are also acknowledging that you agree to the terms of the Privacy Policy.

We may send SMS/emails/push notifications to update you on product reminders, updates, and events. We may use the email addresses and mobile numbers provided by you to send periodic information about our Services and related products.

5. Age Requirements and Children's Privacy

Minimum Age: You must be at least 13 years old to create a Safeinity account. Users under 18 are considered minors and may need parental consent as required by local law.

COPPA Compliance: Our services are not directed to children under 13. We do not knowingly collect personal information from children under 13. If we discover we have collected information from a child under 13, we will delete it immediately.

Parental Consent: If you are between 13 and 17 years old, you confirm that:

Parental Rights: Parents and guardians may contact us at support@safeinity.com to:

School/Educational Use: If schools or educational institutions use our services for students under 18, additional privacy protections may apply under FERPA and state student privacy laws.

6. Billing

Automatic Renewal - Paid Plans

In exchange for use of the Services, you authorize a recurring charge to your payment account. Payments are handled by Stripe and can be made in many formats. The recurring charge will be at the published standard plan that is chosen at the time of sign-up or to a customized quote provided for your specific use. You also agree that the enrollment for the next service period is automatic and paid in advance.

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

Please note that we may automatically receive updated credit card information from our merchants from time to time in cases where your account is issued a new card number or your credit card expires. However, we still advise you update your card manually from your account screen when changes to your account information occur. We need a credit card account on file while the account is active.

If we are unable to execute any applicable charges due to payment account denial or for any other reason, you will be notified via email. In case of non-action by the user, the account may be canceled. We may delay Account cancellation related to non-payment for the Services and provide a grace period of up to ninety (90) days from the due date to allow for the customer to arrange payment. If the account is canceled for any reason, user data and its backups will be removed from our storage servers.

Taxes

You are responsible for all applicable taxes, and we will charge tax when required to do so. Safeinity® can rely on the name and address you provide to Safeinity® as being the place of supply for sales tax, income tax, VAT, and GST purposes.

Discrepancies

Your right to raise a billing discrepancy and any associated recovery is waived unless reported to us by calling our customer support line or emailing us at support@safeinity.com within thirty (30) calendar days after such discrepancy is charged to your payment account.

Cancellation & Refunds

You must cancel your Account before it renews each subscription period in order to avoid a charge for the next charge to your payment account.

We will not issue any pro-rated refunds. Not tracking these is one way we keep our prices low.

You have the option of disabling auto-renewal and your account will terminate at the end of your next term. Please note that all of your data will be deleted when your account is terminated. To facilitate future account reactivation, minimal metadata may be retained. If you want like to close your account prior to the end of your annual subscription term, please contact our support team.

7. Security

Account Passwords

You are solely responsible for consequences arising from failure to maintain the confidentiality of your account or encryption passwords. Notify us immediately of any unauthorized access. Frequent password updates are recommended. The "forgot password" feature assumes access to your email.

We attempt to limit access to your stored data to only those you authorize. However, no password-protected system is 100% secure. You acknowledge that unauthorized access or data breaches may still occur. For maximum security and privacy, choose the client-side encryption option where your files are encrypted with keys only you control.

Encryption Systems

Safeinity offers two distinct encryption approaches to meet different security needs:

Standard Upload Security

Files are encrypted server-side using AES-256 encryption. All data transmission uses encrypted channels (HTTPS/TLS).

Client-Side Encryption (Zero-Knowledge)

Files are encrypted on your device using AES-256-GCM encryption before transmission. Encryption keys are derived using PBKDF2 and never stored on our servers. This provides maximum privacy but requires careful key management.

Important: For client-side encrypted files, Safeinity personnel cannot access your data, and we cannot assist with recovery if encryption keys are lost. You are solely responsible for maintaining access to your encryption credentials.

All data transmission uses HTTPS/TLS encryption regardless of the chosen upload method. File metadata (names, sizes, timestamps) may be visible to facilitate platform functionality, but file content security depends on your chosen encryption method.

8. Data Retention and Deletion

Active Account Data: Your files and account data remain accessible while your account is active and in good standing. We maintain multiple backup copies to ensure data availability and prevent loss.

Account Termination: Upon account termination or cancellation:

Legal Holds: We may retain data longer if required by law, legal process, or to resolve disputes. Such retention will be limited to the specific data and timeframe required.

Data Portability: Before account closure, you may export your data using our provided tools or request assistance from our support team.

Compliance: Our data retention practices comply with applicable privacy laws including GDPR, CCPA, and other regional data protection regulations.

9. Export Control and International Use

Export Control Compliance: Our services, including encryption technology, may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR).

User Responsibilities: By using our services, you represent and warrant that you:

Restricted Countries: Our services may not be available in certain countries due to export control restrictions. Currently restricted countries may include, but are not limited to, countries subject to comprehensive U.S. sanctions.

Encryption Technology: Our services use strong encryption technology that may be subject to export controls. By using our encryption features, you acknowledge understanding of these restrictions.

Compliance Monitoring: We may monitor compliance with export control laws and may suspend or terminate accounts that violate these requirements.

10. Use of IP Addresses

We may collect IP addresses for the purposes of system administration and/or to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our policies, Terms, or to protect our service, site, customers, or others. Some services, such as user logs may also store IP addresses.

11. Third Party Applications

Safeinity® uses Amazon Web Services (AWS) for file storage, secrets management, database function and most other infrastructure. Safeinity® disclaims all responsibility and liability arising out of the use of third party applications, and we do not provide any warranties, express or implied, regarding the functionality, use, or performance of any third party applications. You agree that by using third party applications to access your Account, you are doing so at your own risk.

12. Copyright Policy and DMCA Compliance

Safeinity Inc. respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). We will respond to valid takedown notices and remove infringing content when properly notified.

Takedown Procedure: To report copyright infringement, send a written notice to support@safeinity.com containing:

Counter-Notification: If you believe content was removed in error, you may submit a counter-notification to the same email address containing the required DMCA counter-notice elements.

Repeat Infringers: We will terminate accounts of users who are repeat infringers in appropriate circumstances.

Safe Harbor: We qualify for DMCA safe harbor protections as a service provider. We do not actively monitor user content but will respond promptly to valid takedown notices.

13. SafeinityBot Disclaimer

The SafeinityBot (an AI-based chat bot) is intended to provide quick, automated responses for general assistance. However, it may generate inaccurate or incomplete information. Users should not rely solely on SafeinityBot for critical decisions.

By using the SafeinityBot, you agree to these limitations and our Terms of Service. All interactions may be logged for quality assurance and service improvement.

14. Service Availability and Maintenance

Service Level Expectations: We strive to maintain high availability for our services but do not guarantee 100% uptime. Our target availability is 99.9% measured monthly, excluding scheduled maintenance.

Scheduled Maintenance: We may perform scheduled maintenance that may temporarily interrupt service availability. We will provide advance notice when possible:

Service Monitoring: We continuously monitor our systems and will work to resolve service disruptions as quickly as possible. Status updates are available at our support channels.

Third-Party Dependencies: Our services rely on third-party providers (including AWS infrastructure). Service availability may be affected by issues with these providers beyond our direct control.

No SLA Warranties: While we strive for high availability, we do not provide service level agreement warranties or guarantees. Downtime does not entitle users to refunds unless otherwise specified in our refund policy.

Backup and Recovery: We maintain multiple data backups to ensure data recovery in case of system failures. However, we recommend users maintain their own backups of critical data.

15. Disclaimer of Warranties

The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable.

ACCORDINGLY, YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AT YOUR OWN RISK. Safeinity INC., ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT).

YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. Safeinity INC. MAKES NO REPRESENTATION OR WARRANTY:

You acknowledge that any material or data you retrieve through the use of the service is done at your choice and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the retrieval of such material or data.

16. Limitations of Liability

IN NO EVENT SHALL Safeinity INC. OR ITS AFFILIATES, AGENTS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR:

REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Safeinity INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

AGGREGATE LIABILITY for all claims relating to our services will be limited to the greater of $100 or any amounts paid by you to Safeinity Inc. for the past three months of the services in question.

17. Dispute Resolution and Arbitration

Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Services will be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify.

Arbitration Rules: Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in Montgomery County, Texas, or by video conference if agreed upon by both parties.

Class Action Waiver: You agree that disputes must be resolved on an individual basis only. You may not bring claims as a class member, in a class action, representative action, or private attorney general action. The arbitrator may not consolidate multiple parties' claims or conduct any class-wide arbitration.

Costs: Each party will pay their own attorneys' fees and costs unless the arbitrator awards fees to the prevailing party under applicable law. We will pay the arbitrator's fees unless you initiated frivolous claims.

Opt-Out: You may opt out of this arbitration provision by sending written notice to support@safeinity.com within 30 days of account creation, stating your intent to opt out of the arbitration clause.

Exceptions: This arbitration clause does not apply to: (1) disputes regarding intellectual property rights, (2) claims for injunctive relief, or (3) enforcement of the indemnification clause.

18. Indemnification

You will, as allowable by law, defend, indemnify and hold Safeinity Inc., our subsidiaries, affiliates, agents, officers, licensors, directors and employees harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of:

We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent.

19. Termination

We may, at our option and in addition to other remedies, immediately and without notice terminate these Terms at any time or suspend your access to the Services:
(i) if you breach any provision of these Terms;
(ii) if we are required to do so by law;
(iii) if we cease to offer any services covered by these Terms; or
(iv) for any other reason with thirty (30) days prior written notice to you (or sooner if you are flagrantly violating these Terms or are a threat to users or the Services).

You may terminate these Terms at your convenience by delivering at least thirty (30) days prior written notice to us. Should you object to any of these Terms or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately:
(a) discontinue use of the Services; (b) terminate these Terms; and (c) notify us of such termination as described herein under Notices.

20. Notices

Any notice under these Terms given by Safeinity Inc. to you will be deemed to be properly given if sent:

It is important that you maintain a correct working email address and update it if necessary to receive our communications. To ensure proper delivery, please whitelist '@Safeinity.com' in your spam filter.

Any notice under these Terms provided by you will be deemed to be properly given if received by Customer Service at support@safeinity.com, except those related to account cancellation or termination. For cancellation before the end of your annual term, contact support. Emails alone are not valid for cancellation due to security. On cancellation, your data will be removed from our storage servers.

We may delay cancellation due to non-payment and provide a grace period of up to thirty (30) days.

Fair Use Notice: Any copyrighted materials used (e.g., logos of Windows, Mac, Linux) are the property of their respective owners.

21. Severability

These Terms will be enforced to the fullest extent permitted by law. If any provision is found invalid or unenforceable, then:

22. Modifications to this Agreement

We may revise these Terms at any time, and the most current version will always be available at https://www.Safeinity.com. If we consider a change material, we may notify you (e.g., via email). Other changes may be posted to our blog or terms page.

Your continued use of the Services means you accept the new Terms. If you disagree, please discontinue use of the Services.

23. Force Majeure

Safeinity Inc. will not be liable for any failure or delay in performance under these Terms that is due to causes beyond our reasonable control, including but not limited to:

Notification: We will make reasonable efforts to notify users of service disruptions and provide estimated restoration times when available.

Service Credits: Extended outages due to force majeure events may result in service credits or subscription extensions at our discretion.

Mitigation: We will use commercially reasonable efforts to minimize the impact of force majeure events and restore services as quickly as possible.

24. Miscellaneous

These Terms and use of Services/Software are governed by Texas law. All related claims not subject to arbitration must be litigated in Montgomery County, Texas, with both parties consenting to jurisdiction.

The U.N. Convention on Contracts for the International Sale of Goods does not apply. You must bring any claims within one (1) year or they are barred.

You may not assign your rights under these Terms. We may assign ours to affiliates or successors.

These Terms do not create third-party rights or a partnership. Failure to enforce a right is not a waiver. These Terms are the complete and exclusive agreement between you and Safeinity Inc.

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