Safer Web Terms of Service
PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING AND/OR ACCESSING AND/OR USING SAFER WEB.
BY DOWNLOADING, ACCESSING, AND/OR USING SAFER WEB, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. By accepting these Terms, you confirm that you are: (i) lawfully entitled to use Safer Web in the country in which you are located, and (ii) of legal age to engage
in this binding agreement with us. If you are a minor according to the law of the country you reside in, you are not permitted to use Safer Web. If you do not accept these Terms, then you may not access, download, install or use Safer Web (as applicable).
We reserve the right, without prior notice and at our sole discretion, to change, modify and/or update these Terms at any time, and/or modify, change, or discontinue or cancel any feature of Safer Web. In case that we materially update these Terms, we will provide you with notice. We recommend you to check these Terms from time to time for changes. Your continued use of Safer Web following any changes to these Terms, constitutes your irrevocable acceptance of all such changes. If you do not accept any modification to Safer Web and/or these Terms, your only recourse is to cease using and uninstall Safer Web.
Subject to your compliance with the terms of these Terms, you are hereby granted with a limited, non-exclusive, personal, non-transferable, non-assignable, non-sublicensable, license to (i) download and install one copy of each of the Safer Web applications on your personal computer and/or mobile phone (as applicable) in accordance with the terms of your Subscription (as defined below). The license to the Software is granted to you for personal use and not for commercial use.
You may transfer the license to the Software granted to you hereunder to a different computer and/or mobile phone you own if you uninstall and remove the Software from the original applicable device. For avoidance of doubt, you must have a valid license to one of our editions to the Software for each device you wish to operate the Software on. All rights not expressly granted to you hereunder are retained by us. Except as expressly provided herein, you may not, and may not permit any third party to: (i) use and/or disclose to any third party for any reason any license
number, or other authorization code or number supplied by us in connection with Safer Web on or for more than the number of devices specified by us; (ii) copy, change, modify, translate, reverse engineer, decompile, disassemble, reconstruct, transform, create derivative works based on Safer Web, extract any part of or otherwise alter Safer Web (iv) share, transfer, publish, resell, broadcast, transmit, communicate, pledge, sublicense the Software, or permit other individuals/entities to use the Software, rent, lease, distribute or transfer the Software or your rights to use it to any other individual or entity; (v) make the functionality of the Software available to any individual or entity through any means, including but not limited to uploading the Software to a network or file-sharing service, software-as-a-service (SaaS), or any other type of services; (vi) extract or harvest any information from Safer Web or any part thereof; (vii) delete or modify any attributions, trademarks, copyright, legal notices or other proprietary designations or markings which are part of Safer Web; (ix) use Safer Web in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms and conditions of these Terms; (x) gain or attempt to gain unauthorized access to Safer Web or to networks connected to it by any means, including without limitation by hacking, spoofing or circumventing Safer Web or the security features therein; (xi) use or attempt to use the Software by itself, or in conjunction with any other products, or upload, store or transmit any data, information or materials which infringe upon any third party’s rights, including without limitation third party’s intellectual property rights or any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable or to invade user’s privacy in any way, or to track, store, transmit or record personal information about any other user of the Software; or otherwise in any way damage, disable, impair, interfere, disrupt or harm us or Safer Web in any way; (xii) use Safer Web to provide or build a product or service that competes with the Software; or (xiii) test or benchmark, or disclose or publish testing or benchmark results, for the Software without our prior written consent.
You can choose to purchase a subscription of your choice (“Subscription”), by using your credit card or your PayPal account. We use Cleverbridge in order to process payments. Your subscription to our Software is on a recurring auto-renew basis, which you may choose to pause at any time by contacting us at our email below. We may offer a number of subscription plans, including plans with different conditions or rates, which we may amend from time to time in our sole discretion. Any discount prices that we may offer to you are valid solely for the first term of your chosen Subscription (unless explicitly specified otherwise).
Refunds. If you are an individual who purchased a Subscription to the Software and you are not satisfied with it, we will refund you for the paid subscription fee (less any taxes, shipping costs, handling, except in certain states and countries where shipping, handling and taxes are refundable); provided that you contact us at:
https://www.reasonlabs.com/contact-us during the thirty (30) day period following the date on which you subscribed to our Software.
We may, at our sole discretion, update the Software from time to time. An update may include the addition of new features and bug fixing. In order to provide you with the most updated version of the Software, you acknowledge and agree that updates and new versions of the Software may be downloaded and installed automatically. You are entitled to receive all new features to and versions of the Software, as applicable, during your Subscription period. These updates and new features may include additional terms to which you will have to agree.
4. Third-Party Service Providers.
We may use third parties to provide us with audit, payment, maintenance, analysis, and development services with respect to Safer Web. We may provide your information to such third parties. We currently use the following third-party providers:
- NextDNS, as the DNS resolver providing the DNS services. You can read about NextDNS’s practices with respect to the protection of your information at: https://nextdns.io/privacy;
- Google Analytics, for monitoring and analyzing our performance. You can read about Google’s practices with respect to the protection of your information at: http://www.google.com/intl/en/policies/privacy/;
- Amazon Web Services, Inc. servers, for processing your information. You can read about Amazon’s practices with respect to the protection and the security of their servers and your information at: https://aws.amazon.com/security/;
- Zendesk, for providing you with support services. You can read about Zendesk practices with respect to the protection and the security of their servers and your information at: https://www.zendesk.com/company/customers-partners/privacy-policy/.
- Sendgrid - for providing email related services. You can read about Sendgrid practices with respect to the protection and the security of their servers and your information at: https://www.twilio.com/legal/privacy;
- Mailchimp - for providing email related services. You can read about Mailchimp practices with respect to the protection and the security of their servers and your information at: https://mailchimp.com/legal/privacy/.
- Cleverbridge, for processing your payment, if applicable. You can read about Cleverbridge’s practices with respect to the protection of your information at: https://store.reasonsecurity.com/1679/?scope=opprivacy&id=HxXbhhHD5m;
5. Term and Termination.
These Terms are in effect as of the date on which you installed the Software and will remain in full force and effect so long as you continue to access and/or use the Software, unless terminated as set forth in this section. You may terminate these Terms and the license granted to you under these Terms by uninstalling the Software. In case you breach any provision of these Terms, these Terms and the license granted to you hereunder will terminate automatically without notice to you. We shall not be liable for any removal, suspension of or disabling of your access to Safer Web.
We may terminate these Terms at any time without prior notice for any reason or no reason at all. If you fail to pay the applicable Subscription, your license of the Software will be terminated. Except as provided above, nothing herein entitles you to a refund of any payment made hereunder. Section 6, Section 7 and Sections 11-15 of these Terms will survive termination or expiration of these Terms. Upon termination or expiration of these Terms, your rights to use Safer Web shall cease.
6. Ownership; Proprietary Rights.
All right, interest and title in and to Safer Web and any related features, services, and/or modifications thereto, including associated proprietary rights, evidenced by or embodied in, attached or related to Safer Web, are and will remain owned solely by us or our licensors. These Terms do not convey to you any interest in or to Safer Web, but only a limited right of use according to these Terms. Nothing in these Terms constitutes a waiver of our proprietary rights under any applicable law. The license granted to you is neither contingent with respect of any future functionality or features, nor dependent on any public comments (in writing or orally) made by us regarding future features or functionality. You understand and agree that the technology manifested in the Software constitutes our and our third party suppliers’ valuable know-how and trade secrets and to the extent you discover any such trade secrets, you shall not disclose them to any third party. Any unauthorized use or disclosure will cause us irreparable harm and loss.
7. Representations and Warranties.
You hereby represent and warrant that: (a) you will use Safer Web as permitted under these Terms; (b) when using Safer Web, you shall comply with all applicable laws, rules, regulations, and industry best practices ; (c) you will not use Safer Web for any or inappropriate purpose; (d) you are not located in a country that is subject to a U.S. Government embargo; (e) you are located in a country that has been designated by the U.S. Government as “terrorist supporting”; and (f) you are not listed on U.S. Government list with respect to restricted or prohibited parties.
9. U.S. Government User and Export Laws.
Any use or disclosure of Safer Web by the U.S. Government is subject to the restrictions as detailed in these Terms and DFARS 252.227-7013(c)(1)(ii) (OCT 1988), DFARS 227.7202-1(a) and 227.7202-3(a) (1995), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III). Reason Cybersecurity Inc. is the manufacturer. You will: (i) comply with all U.S. export laws and regulations in order to ensure that Safer Web and/or any technical data related thereto are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, any laws and regulations; and (ii) not export and/or re-export Safer Web and/or any technical data related thereto to any U.S. embargoed country.
SAFER WEB IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON INFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE OPERATION OF SAFER WEB WILL BE UNINTERRUPTED; OR (B) SAFER WEB WILL MEET YOUR REQUIREMENTS; OR (C) SAFER WEB WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (D) SAFER WEB WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER SPECIFIC LOCATION. YOUR ONLY REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SAFER WEB IS TO UNINSTALL AND CEASE YOUR USE OF SAFER WEB. Furthermore and except as expressly provided herein, we are not obligated to maintain Safer Web, or to provide you with any support, updates, bugs fix or any other features available therein. You acknowledge and agree that you are solely responsible for and assume all the responsibility and risk for your use of Safer Web. We are not responsible to you or to any third party. You are responsible if you breach any of your representations and warranties herein, and for any loss or damage which we may suffer as a result of any such breach.
11. Limitation of Liability.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, PARENTS, SUCCESSORS, ASSIGNS, OR LICENSORS (“Group Members”) BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR SERVICE INTERRUPTION, LOSS OF GOODWILL, LOSS OF BUSINESS PROFITS, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR BUSINESS INFORMATION OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF SAFER WEB OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE SAFER WEB UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING all of our Group Members) FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE USE OF SAFER WEB.
You agree to defend, indemnify and hold us, and our Group Members, harmless from and against any and all claims, damages, obligations, liabilities, losses, costs and expenses (including attorney’s fees) arising from: (i) your access to or use of Safer Web; (ii) your violation of these Terms; or (iii) your breach of third party right, including without limitation, any intellectual property right, or privacy right.
13. Governing Law and Disputes.
These Terms shall be construed and governed in accordance with the laws of the State of New York, without giving effect to its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us written notice of your claim (“Notice”). If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, then such claim shall be finally exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in New York, New York, and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding on both the parties. Nothing contained herein shall prevent us from applying to any court of law in order to obtain injunctions, equitable relief or any equivalent remedy, against the other Party, in order to restrain the breach of any covenants pursuant to these Terms. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO SAFER WEB OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms constitute the entire understanding between the parties regarding the matters referred to herein. The section headings are provided for convenience only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any violation under these Terms shall not be deemed as a waiver of such rights. These Terms and any right granted herein may not be assigned by you without receiving our prior written consent. The controlling language of these Terms is English. In the event of any inconsistency between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, employment, partnership, or agency relationship between you and us.
15. Contact Us.
If you have any questions with respect to these Terms, please contact us at https://www.reasonlabs.com/contact-us.
16. Third-Party Components.
Safer Web includes third party components to which you can review the licenses and copyright notices in the link below: https://cdn.reasonlabs.com/legal/Open+Source+Licenses.pdf