SafeAccess Terms of Service
Our Terms of Service ("Terms of Service") is a contract that governs the use of SafeAccess Inc. (“SafeAccess”) services by its Customers, Customers’ authorized representatives (“Administrative-users”,) and any personnel (“End-users”) that are invited by SafeAccess or its Customers.
By using the SafeAccess solution ("Service"). Customers, Administrative-users, and End-Users agree to be bound by the following terms and conditions .
Anyone who is not invited to use the Service, or disagrees with the Terms of Service, shall not use our Service.
Violation of any of the terms below may result in the termination of our Service.
SafeAccess reserves the right to update and change these Terms of Service without notice.
For Customers & Users: Usage Terms
- As part of the Service, Administrative-users will be provided access credentials (e.g., username and password.) Administrative-users are responsible for maintaining the security of these access credentials. SafeAccess will not be held liable for any loss or damage due to access credentials that are misused or compromised by the Administrative-users or due to vulnerabilities in the Customer’s security policies in securing these credentials.
- Customers are responsible for all content and activity that occurs via access credentials provided to Administrative-users and feedback collected from End-users that you invite..
- Customers, Administrative-users and End-users may not use the Service for any illegal purpose or in violation of any laws in your jurisdiction,including but not limited to copyright laws.
- Access credentials are specific to each Administrative-User person – we disallow sharing across multiple representatives.
- All users must be human. We disallow usage by “bots” or other automated methods.
For Customers: Payment, Upgrading and Downgrading Service, and Cancellation or Termination
- After any trial period (if applicable) you may continue to use the Service via a Subscription to the Service. Non-payment or payment failures may result in the Service being temporarily or permanently stopped. .
- Any upgrade or downgrade in plan level will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
- Downgrading your Service may cause the loss of features or capacity of your account. SafeAccess does not accept any liability for such loss.
- If you are not under contract, you can cancel your account at any time. If you are under a Contract, your account will cancel at the end of the applicable duration.
- All of your content will be inaccessible from the Service immediately upon cancellation or termination. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
- SafeAccess, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. SafeAccess reserves the right to refuse service to anyone for any reason at any time.
For Customers: Modifications to the Service and Prices
- SafeAccess reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us.
- SafeAccess shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
For Customers: Copyright and Content Ownership
- All content posted on the Service must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. SafeAccess does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service (e.g., if they are in violation of the Terms of Service).
For Partners: API Terms
- Partners may access their Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that SafeAccess shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. SafeAccess, in its sole discretion, will determine abuse or excessive usage of the API. SafeAccess will make a reasonable attempt via email to warn the account owner prior to suspension.
For Customers and Partners: Security and Privacy
- SafeAccess takes data privacy and security very seriously, and we use industry best practices to safeguard access and data storage via mechanisms such as authentication, authorization, data integrity and encryption.
- SafeAccess is neither a Covered Entity nor a Business Associate per Health Insurance Portability and Accountability Act (HIPAA). You expressly represent, warrant and covenant that you are not and will not become a Covered Entity (as defined in 45 CFR 160.103) under HIPAA. If you are a Covered Entity or become a Covered Entity, then you expressly represent, warrant and covenant that you will (i) use SafeAccess’s products and/or services in compliance with this Subsection; and (ii) not otherwise use SafeAccess’s products and/or services that would subject SafeAccess to become Your Business Associate.
- You further understand and agree that you shall not use SafeAccess’s products and/or services to create, receive, maintain, transmit, store, use or collect Protected Health Information (PHI; as defined in 45 CFR 160.103) and understand and agree that doing so may result in immediate termination of your rights and privileges to use Company’s products and/or services. If You become aware or have any reason to believe that your use of, or data submitted to, SafeAccess’s products and/or services is subject to the Health Privacy Laws, you will immediately cease the use of all Company products and/or services and immediately notify SafeAccess via email at email@example.com. Such notice must be provided immediately, and in no case more than five (5) days after you become aware or have any reason to believe that your use of, or data submitted to, SafeAccess’s products and/or services is subject to applicable Health Privacy Laws.
- To the fullest extent allowable under applicable law, you agree to indemnify and hold harmless SafeAccess from direct losses or damages suffered by SafeAccess as a result of your breach of obligations under this Subsection or of Health Privacy Laws, including but not limited to direct losses and damages relating to third party claims, and civil monetary penalties or any other monetary sanctions or penalties that may be imposed by governmental agencies. Your obligations under this Subsection will survive the termination of your use of SafeAccess’s products and/or services.
For Everyone: General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided via email.
- You understand that SafeAccess uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You will not modify, adapt or hack the Service.
- You will not modify another website so as to falsely imply that it is associated with the Service or SafeAccess.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SafeAccess.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, SafeAccess employee or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- SafeAccess does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that SafeAccess shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SafeAccess has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of SafeAccess to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SafeAccess and govern your use of the Service, superseding any prior agreements between you and SafeAccess (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.