TERMS OF SERVICE Thank you for choosing SaferPass! We hope that you will enjoy all of the great features of our unique website and proprietary SaferPass application (the "SaferPass Application") and the services we provide (the "Services") as detailed below. These terms of use (the "Terms of Service") are a legal agreement between you and SaferPass s.r.o., ( "SaferPass" , "we", "us" or "our") setting forth, among other things, the terms and conditions for (i) your access and use of the website located at the address http://www.SaferPass.net and any related sub-domains, which are operated by SaferPass (the "Website"), (ii) the download and use of the SaferPass Application and (iii) the provision of the Services. Amendments. SaferPass may modify the Terms of Service from time to time at its sole discretion and will post a copy of the amended Terms of Service on the Website, so we encourage you to review them periodically. If you do not agree to, or cannot comply with, the Terms of Service as amended, you are not authorized to use the Website, the SaferPass Application or the Services. You will be deemed to have accepted the Terms of Service as amended if you continue to use the Website, the SaferPass Application or the Services after any amendments are posted on the Website. We reserve the right to refuse to provide the Services, including the SaferPass Application to anyone at any time. PLEASE READ ALL THE TERMS OF SERVICE CAREFULLY. Your Agreement for the access and use of the Website, the SaferPass Application and the provision of the Services. Accessing or using the Website, or downloading or using the SaferPass Application and/or the Services, confirms your acceptance of and agreement with the provisions of the Terms of Service without any reservations, modifications, additions or deletions. If you do not agree to any provisions contained in the Terms of Service, you are not authorized to access or use the Website, the SaferPass Application or the Services. You may be denied access to the Website, the SaferPass Application and the Services, with or without notice to you, if you do not comply with any provision of the Terms of Service. 1. Registration & Scope of Service We restrict access to the Services and the download of the SaferPass Application on hardware devices (computer or mobile device/smartphone) to registered users only. Different Services will be made available to you depending on whether you use the Services via the Website only or if you download the SaferPass Application (and we highly recommend that you do!). You agree to provide truthful and accurate account information, including but not limited to a username, master password, name and valid email address (collectively, your "Account Information"). You may not be required to provide some or all of the Account Information if you register through one of our social networking partners, such as Facebook or Twitter. You agree to update your Account Information as necessary to keep it accurate. Services Accessible via the Website and Application If you decide to use the Services you will have access to the following features: When the Application is open it will automatically detect passwords while you browse and encrypt them on your device with your master password in order to save them to your SaferPass. You can decide to turn off this feature at any time in the settings section of the SaferPass Application. When the Application is open it will automatically fill in, on the web pages you are visiting, the username and password of the online accounts you have stored in SaferPass for that web page and will automatically log you in. We strive to provide you with a SaferPass Application that works on other platforms and for every website, so if your platform or website is not recognized, please contacts us at support@saferpass.net and we will let you know if the Services will be available soon for your platform or website. By downloading the SaferPass Application, you understand and expressly agree that the SaferPass logo (box) will be installed and will appear on your browser or your mobile OS in order to quickly access the SaferPass Application. - Digital Identity Management The SaferPass Application is a digital identity management service that gives you the ability to save your passwords, credentials, frequently visited websites and favorite websites by storing all passwords, notes and form-filling data. Your passwords will be encrypted on your device using a master password that only you know. You only need to remember this master password to open your SaferPass and decrypt your encrypted passwords on your device. After being encrypted on your device your passwords will be sent to SaferPass in an encrypted format through a secure connection for storage in order to enable synchronization with your other devices. SaferPass never stores your master password on any server so your passwords cannot be retrieved by anyone but you. - Social Sharing Functionality and Third Party Sites The Website, the SaferPass Application and the Services may utilize social networking (e.g., Twitter, Facebook etc.) or may contain links to third party sites or resources that are not owned or controlled by SaferPass. SaferPass has no control over, and assumes no responsibility for the content, privacy policies, practices or availability of any third party sites or resources or the products, services or other materials on or available from such sites or resources. You are and remain subject to the policies of those third parties where applicable. By using the Website, the SaferPass Application and the Services, you expressly relieve SaferPass from any and all liability, loss or damage (direct, indirect, special, incidental, punitive or otherwise) arising from your use of any share functionality or third-party site or resource accessed from the Website, the SaferPass Application or the Services. We encourage you to ask questions before you disclose your personal information to anyone. We reserve the right to change, modify or delete links to third party websites without notice. - Partners SaferPass and/or its authorized partners/associations/organizations/affiliates which participate in the growth of the Services may present advertisements or promotional materials on or through the Website and/or the SaferPass Application. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Website and/or the SaferPass Application are solely between you and such third party and your participation is subject to the terms and conditions associated with such third-party’s advertisement or promotion. You may opt-out of seeing advertisements in your account settings. You agree that SaferPass is not responsible or liable for any loss or liability, loss or damage (direct, indirect, special, incidental, punitive or otherwise) incurred as a result of any such dealings or as the result of the presence of such third party materials on the Website or made available through the SaferPass Application. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute an express or implied endorsement, sponsorship or recommendation of same by SaferPass. - Content The Services allow you to upload personal content of your choice (“Personal Content”). To the extent you select the options in your account enabling SaferPass to transmit such Personal Content to other persons, you hereby grant SaferPass a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display the Personal Content you provided on the Website in the performance of the Services and in accordance with your Instructions. You also hereby grant each user of the Service or Website, including your Heirs, a non-exclusive license to view the Personal Content and to use, reproduce, distribute, display and perform such Personal Content as permitted through the functionality of the Website and in accordance with your Instructions. It is your responsibility when uploading Personal Content to select the appropriate private, semi-private or public functionalities of display of such Personal Content that you wish to apply to such Personal Content. SaferPass reserves the right to disclose any information including your Personal Content in order to comply with any applicable laws, regulation, legal process or governmental request or to edit, modify, refuse to post or remove any such information, in whole or in part, at its sole discretion. You also understand and agree that SaferPass may retain, but not display, distribute, or perform, server copies of your Personal Content that have been removed or deleted. 2. Prohibited Acts - Prohibition So that the Website, the SaferPass Application and the Services are available for all users to enjoy, you may not, and hereby represent, warrant and covenant that you will not permit or enable a third party to: access or attempt to access any of the Services by any means other than through the Website or the SaferPass Application or use automated tools to operate the Services (scripts, etc.); or use the Website or the SaferPass Application in a way that (or display, post, transmit or otherwise make available UGC (User-Generated Content) on or through the Website or the SaferPass Application that) (i) violates the terms of the Terms of Service; (ii) is unlawful, infringing, harmful, threatening, tortious, defamatory, libellous, abusive, obscene, invasive of another's privacy, hateful, fraudulent or malicious; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; (v) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (vi) promotes information that you know is false, misleading, or promotes illegal activities or conduct; (vii) solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; (viii) interferes with or disrupts the Website, the SaferPass Application, the Services or any server or network involved with the operation of the Website, the SaferPass Application or the Services; (ix) collects or "harvests" from the Website or the SaferPass Application the names of other users for the purpose of transmitting to those other users unsolicited commercial messages; or (x) otherwise violates any local, national or other applicable law or regulation. - Sanctions ANY USE OF THE WEBSITE, SERVICES OR THE SaferPass APPLICATION NOT SPECIFICALLY PERMITTED UNDER THE TERMS OF SERVICE IS STRICTLY PROHIBITED AND MAY RESULT, AT SaferPass'S DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT. - Contact Any misuse of the Services may be reported to support@saferpass.net. 3. Service Interruptions - Interruptions You acknowledge that: (i) your access to and use of the Website, the SaferPass Application and/or the provision Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website, the SaferPass Application and/or the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Website, the SaferPass Application and/or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Website and/or the SaferPass Application or the occurence of any other event that we determine, in our sole discretion, would constitute a risk to the applicable Service, the Website or the SaferPass Application, to you or to any of other users; or (c) in the event we determine that any Service is prohibited by law or we otherwise determine that it is necessary or advisable to do so for legal or regulatory reasons (collectively, "Service Interruptions"). - No Liability SaferPass shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption. - Notice of Interruption To the extent possible, we will endeavour to post updates on the Website regarding any Service Interruption and resumption of service following any suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. -System Requirements Your use of the Services, of the Website and of the SaferPass Application may be affected by the performance and compatibility of your hardware, software and Internet access. Meeting system requirements is your responsibility. - Hosting SaferPass will use reasonable commercial efforts to ensure that the Server(s) are linked to the Internet on an ongoing basis, subject to the provisions hereof, including without limitation, provisions dealing with maintenance, backups and system availability. - System Availability SaferPass will use reasonable commercial efforts to make the Services available online to end-users 24 hours a day and 7 days a week, through a link to the Server(s), with maximum uptime availability in accordance with the SLA of our service provider. 4. Security - Your Responsibility You understand and agree that you are solely responsible for maintaining the confidentiality of your Account Information (including your master password) and for restricting access to your hardware device while logged into the Website or using the SaferPass Application. You agree to accept responsibility for all activities that occur under your account or from your hardware device. - No Guarantee We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Website, the SaferPass Application or their contents. You agree to immediately notify SaferPass of any unauthorized use or your account, or any other breach of security at support@saferpass.net and you accept all risks of unauthorized access to the Website, the SaferPass Application, your Account Information and any other information you provide to SaferPass and hereby unconditionally relieve SaferPass of any liability in that respect. - Disclaimer and Indemnity SaferPass will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless SaferPass, its shareholders, officers, directors, agents, employees, partners and/or licensors, as applicable, for any improper, unauthorized or illegal use of your account. 5. Cancelling & Termination of Your Account - Cancelling Your Account You can cancel your account at any time by contacting support@saferpass.net with your request, or use the option inside of the application settings. - Termination by SaferPass SaferPass may terminate your account immediately (i) in the event of breach or violation of the Terms of Service by you or (ii) as set forth in the section "Warranty Disclaimer" (see Section 7 below). - End of Life All products and services are eventually discontinued (“End of Life”). The decision to cease distribution and support of a product or service may be based upon a number of factors, including changes in technology, licensing and support considerations, declining consumer demand, and/or the availability of a newer product with more advanced features. In advance of ending distribution and support for SaferPass, we will provide all users with advance notice of the End of Life of the product by emailing users at the email address associated with their account and/or posting such notice on the website. In such event, even after support is no longer available, you will be able to access your Digital Assets via the SaferPass app on your mobile device for an extended period that is communicated well in advance via our website and/or email. You will be able to continue to use SaferPass until the later of: (i) the End of Life Date, or (ii) the last day of the current term (as of the date End of Life notice is posted or emailed) of an auto-renewed subscription, where applicable. - Surviving Obligations All provisions of the Terms of Service which by their nature should survive expiration or termination of your account or use of the Services, the SaferPass Application or access to the Website shall survive the expiration or termination of your account or use of the Services, the SaferPass Application or access to the Website, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website and the SaferPass Application shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have to SaferPass, including without limitation any indemnification obligations contained herein. - Uninstall To uninstall the SaferPass Application, simply remove it from your browser. 6. Intellectual Property - Grant of License SaferPass grants you a non-exclusive, non-transferable, worldwide, revocable license to access and use the Website, the SaferPass Application and the Services in accordance with the terms set forth in the Terms of Service. The Website, the SaferPass Application and the Services are made available to you for your personal, non-commercial use only. You need to obtain our permission if you want (i) to sell, distribute, license or in any other way exploit, in whole or in part, the Services, the use of the Website or the SaferPass Application (including by way of a bundle with other products and/or services) or any information or software associated with them or (ii) to modify or create derivative works from the Website and/or the SaferPass Application, in whole or in part. - Reservation of Rights SaferPass reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you under the Terms of Service, and any attempt to sublicense, assign, or transfer any part of your rights under the Terms of Service is void. - Trademarks & Copyright The following are trademarks (registered or not) of SaferPass: "SaferPass", "SaferPass.net", as well as certain other SaferPass trademarks, service marks, graphics, and logos (collectively, the "Trademarks") used in connection with the Website or the SaferPass Application and the provision of Services. The Website and/or the SaferPass Application may also contain third-party trademarks, service marks, graphics, and logos, including with respect to products and/or services that may be purchased on our partners' websites (collectively, the "Other Trademarks"). The Other Trademarks remain the property of their respective owners. - Copyright All content displayed on the Website and through the SaferPass Application as well as all the software (including any source code) used in connection with the Services is the exclusive property of SaferPass or third parties and is protected by copyright laws. - No License Nothing appearing on the Website will be construed as granting you any license, right, title or interest relating to the Trademarks, the Other Trademarks or other intellectual property used in connection with the Website, the SaferPass Application and/or the Services (collectively, the "Intellectual Property") and the Intellectual Property remains the exclusive property of SaferPass or respective owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. You also agree that you may not mirror any material contained on the Website or made available through the SaferPass Application. - Feedback If you choose to communicate suggestions for improvements to the Website, the SaferPass Application or the Services (collectively, "Feedback"), we shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all your moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) SaferPass is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) SaferPass shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) SaferPass may be aware of developments, ideas or inventions similar to the Feedback already under consideration or in development as of the date you provide Feedback; and (v) you are not entitled to any compensation or reimbursement of any kind from SaferPass under any circumstances in relation with the provision of Feedback or otherwise. 7. Disclaimers - "AS IS" BASIS THE WEBSITE, THE SaferPass APPLICATION AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU "AS IS." THE DOWNLOAD OF THE SaferPass APPLICATION AND/OR ANY USE OF THE WEBSITE, THE SaferPass APPLICATION AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE, LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE DOWNLOAD OF THE SaferPass APPLICATION AND/OR USE OF THE WEBSITE, THE SaferPass APPLICATION AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SaferPass DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. SaferPass MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE, THE SaferPass APPLICATION AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SaferPass DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. - Warranty Disclaimer SaferPass MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE SaferPass APPLICATION AND THE PROVISION OF THE SERVICES ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE. WITHOUT PRIOR NOTICE, SaferPass MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, THE SaferPass APPLICATION AND/OR THE SERVICES OR YOUR USE OF THE WEBSITE, THE SaferPass APPLICATION AND/OR THE SERVICES. IF SaferPass ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF THE WEBSITE, THE SaferPass APPLICATION AND/OR THE SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. - Your Information YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON THE WEBSITE OR VIA THE SaferPass APPLICATION (INCLUDING BUT NOT LIMITED TO UGC) IS AT YOUR OWN RISK. SaferPass DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. - Third Party Content SOME OF THE CONTENT DISPLAYED ON THE WEBSITE OR THROUGH THE SaferPass APPLICATION MAY INCLUDE MATERIALS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO UGC). YOU ACKNOWLEDGE THAT SaferPass ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES. 8. Limitation of Liability & Indemnity - Limitation of Liability Under no circumstances are we, our affiliates, or our suppliers liable to you for any: (a) indirect, special, incidental, or consequential damages; (b) THEFT OF PERSONALLY IDENTIFIABLE INFORMATION OR COST OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES, and (c) damages for loss of profits, loss of goodwill, loss of personnel salaries, work stoppage, Computer failure or malfunction, loss of data, or negligence of any kind, or for any other NONDIRECT damage or loss. In no event will our, our AFFILIATES' or our suppliers' aggregate liability to you for direct damages exceed the price you paid for the APPLICABLE Software OR SERVICES, or US$ 10 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY). - Indemnity YOU WILL INDEMNIFY AND HOLD SaferPass, ITS OFFICERS, DIRECTORS, AFFILIATES, SHAREHOLDERS, AGENTS, LICENSORS AND EMPLOYEES HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERS' FEES) ARISING OUT OF (I) YOUR BREACH OF THESE TERMS OF SERVICE; (II) ANY DAMAGES BY YOU OR YOUR USE OF THE WEBSITE, THE SaferPass APPLICATION AND/OR THE SERVICES CAUSED TO SaferPass OR A THIRD PARTY; OR (III) YOUR USE OR MISUSE OF THE WEBSITE, THE SaferPass APPLICATION AND/OR THE SERVICES. 9. Privacy Policy Your use of the Website and the SaferPass Application is also subject to SaferPass's Privacy Policy (the "Privacy Policy"), which is incorporated by reference and made a part of the Terms of Service. It is important that you read and understand the terms of our Privacy Policy. 10. General - No Partnership No agency, partnership, joint venture, or employment is created between you and SaferPass as a result of the Terms of Service and you do not have any authority of any kind to bind SaferPass in any respect whatsoever. - Governing Law This Rental Agreement is governed by US Law, without regard to conflicts of law principles. - Severability If any of the provisions of the Terms of Service or their application is found to be invalid under any applicable statute or rule or law, they are, to that extent, deemed omitted and the validity of the other provisions of the Terms of Service will not be affected. - Questions If you have any questions regarding the Terms of Service or wish to report any issue relating to the Website, the SaferPass Application, their content or the Services you were provided, please contact us at support@saferpass.net. - Language The parties hereto acknowledge having expressly required that these Terms of Service and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Modalités et Conditions et la Politique relative àla protection des renseignements personnels soient rédigées en anglais. 11. Payment You may select the Services for the duration of the term selected and choose the applicable frequency of payment. All prices quoted are payable in American Dollars, except if stated otherwise on your order confirmation. SaferPass reserves the right to correct any errors in pricing or service information and to modify the prices of the Services, at any time and without prior notice. Payment for Services and applicable taxes shall be made in advance by credit card. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card. 12. Taxes All taxes applicable are in addition to the prices indicated for services. In the event that withholding taxes are applicable on the Services in your jurisdiction, it is agreed that the amount of your invoices shall be grossed up by an amount equivalent to the amount of the withholding tax that you are legally obliged to withhold in accordance with applicable laws so that SaferPass may receive the total net amount of the invoices without any deduction or withholding. You agree to collaborate with SaferPass to give effect to the present provision and to execute any document that may be necessary in virtue hereof. 13. Automatic Renewal Effective Term. Unless terminated earlier, the Terms of Service is effective for the subscription term set forth in the Documentation. If no term is agreed to, the default term is one year from the date you buy the Software. If you received a lifetime subscription, your subscription is good until the End of Life of the product. For free versions of the Software, the Terms of Service is effective for as long as we make the Software available to you. Renewal Notices. To the extent required by law, when your term is close to expiring, we will send notices to the e-mail address you provided when you subscribed. If you automatically renew your subscription of one year or more, we will notify you of the pending charge for renewal and confirm that your subscription has been renewed. Automatic Renewal and Its Effects. If you have given us a valid credit-card number or an alternative payment method, we will automatically charge you and renew your subscription for another term when each term expires. The fee will not exceed the current price, excluding promotional and discount pricing. The new term will be the same length as the expired term unless otherwise specified by us at the time of renewal. For subscriptions of one year or more, this renewal and your payment will be processed within 30 days before the current term expires and each anniversary thereafter. We will inform you of your account status and any changes to the terms and conditions of your subscription in accordance with local law. 14. Use of Aggregate Data We and our affiliates may use data about your account, data that you provide to us in response to surveys or questionnaires, and data that you provide to us as feedback, anonymized and aggregated with data about other users in such a way that neither you nor any other user is identified, to help us improve our Products and Services and in communications about our Products and Services.