Service Terms and Conditions

Effective date: Sept 15, 2020.

The platform accessible through the www.safer.codes domain name (the “Site”) is provided by SaferCodes (hereinafter referred to as “us”, “we” or the “Company”), a Canadian entity. You may contact us by sending an email to [email protected]

1. General

These Service Terms and Conditions (“STC”) govern the use of the services offered by us, consisting in the creation of online forms—the “SaferCodess”—the subsequent collection, storage and related information management, and any other services as may be offered by us from time to time (the “Services”). Terms of Use are included into this STC by reference.

In order to be able to use the Services, you will need to create an Account (as this term is further described in section 2.a below) and comply with other requirements set forth in these STC. Please note that the Account also enables you to use the functionalities aimed at interacting with the product accessible through the Site. Should you decide to use those functionalities, the Developer Terms and Conditions apply to you in addition to these STC.

2. Access to the Services

a. Eligible individuals

Services are offered to individuals and companies, either conducting business activities on their own or acting as consumers. For purposes of these STC, ‘consumer’ shall be interpreted as any individual or company using the Services for a purpose other than to conduct a business or commercial activity.

The Services are only addressed to individuals being sixteen (16) years of age or older. By filling out the registration forms and requesting into our Services, you warrant and represent that you have that legal age.

b. Account creation

In order to access the Services, you will need to register and create a personal and non-transferable account in the Site (the “Account”). To this end, you must provide true, current, complete, and accurate information, as requested during the registration process, that refers to you. You cannot sign up or otherwise create an account with us on behalf of a third party.

Until August 20, 2019, we offered three different types of plans, each one having different functionalities and features, as top-level described below (the ‘original plans’). If you created an Account with us before August 20, 2019 you will be using any feature and functionality offered under the plan you signed up for without any time limits (and you will be able to switch into any new plan as described below at any time). If you create an Account on or after August 20, 2019, you will be able to opt for any of the plans described in section ‘new plans’ below.

(i) Original Plans

Basic (free) Account: the basic features of the Services, with restricted data collection and SaferCodess customizations;
Pro Account: Services offering the creation of as many SaferCodess as required, as well as the ability to customize said SaferCodess and Services to meet your needs.
Pro + Account: a comprehensive solution for the data collection, analysis and study (including team collaboration functionality), as well as for the creation of as many SaferCodess as required and further customization of both SaferCodess and Services. Among other functionalities, Pro + Accounts enable you to manage shared workspaces with as many Accounts as you have selected in your plan, by sending an invitation to collaborate with other users owning an Account with us. The Pro + Account will have limited admin rights to control contents created and manages from the rest of Accounts. It is your duty to make sure that the other users understand the impact for their privacy and content ownership when accepting to be part of your Pro + Account, and you shall indemnify, defend, and hold us harmless of any costs or damages directly or indirectly related to these matters.

(ii) New Plans

Free: the basic features of the Services, with restricted data collection and SaferCodess customizations.
Essentials: and advanced plan with respect to the FREE one, granting limited data collection and customization.
Professional: Services offering the creation of as many SaferCodess as required, as well as the ability to customize said SaferCodess and Services to meet your needs (such as, for instance, close data collection through a SaferCodes on a given time or under certain circumstances, redirect Respondents to a URL once the SaferCodes is closed, and others as listed in our Site); and
Premium: the most powerful plan, allowing an unlimited use of SaferCodess customizations, and granting you an extensive data collection and data upload.

Among other functionalities, these plans enable you to manage shared workspaces with as many Accounts as you have selected in your plan, by sending an invitation to collaborate with other users owning an Account with us. The owner of the paid plan will have limited admin rights to control contents created and manages from the rest of Accounts. It is your duty to make sure that the other users understand the impact for their privacy and content ownership when accepting to be part of your plan, and you shall indemnify, defend, and hold us harmless of any costs or damages directly or indirectly related to these matters.

Services definition may vary from time to time and further and more detailed information on the current features and functionalities of the Service is provided during the signup process.

Account ownership is based on the data provided when signing up and, to this end, it is important as mentioned above that all information you have submitted is true, accurate, current, and complete. Note that when you are providing your information and accepting these STC, you are entering into an agreement with us which described which are the obligations we have with regards to each other. If you have problems accessing or logging in into the Services, please visit our Help Center or contact us.

c. Provision of the Services

Once an Account has been successfully created, Services will be available and ready to use. Note, however, that certain Accounts are subject to prior payment of the corresponding fees, so access to and use of functionalities and Services under said Accounts is subject to said payment requirements.

This section does not preclude your rights as a consumer under section 7 below—if you are using the Services as a consumer, you are entitled to cancel and withdraw from these STC and the Services under the terms and conditions detailed in that section.

d. Services and third parties service providers

To ensure you are provided with high-quality Services, from time to time we may rely on third party service providers. You understand that those providers act beyond our reasonable control and that we shall not be held liable for any damages caused by an action or omission attributable to them.

Also, you may decide to use third parties to process the information you may collect through the Services (e.g. by using webhooks). In all those cases, you acknowledge and agree that those third parties are beyond our reasonable control, and that we will not be liable for any damages arising from the use of said information by those third parties, or in the event that you decide to transfer information to those third parties by using non-secured means (e.g. non-https transfer protocols). We recommend that you carefully review any terms and conditions governing the use of those third parties’ services and any integration tools they may offer before you start using their services. Note that the use of said services may result in the transmission of any kind of information (either confidential or having a personal nature, among others) outside our platform, and third parties not related to the Company may subsequently be gaining access to, modifying, or even deleting said information.

3. Your obligations

a. Account security and credentials

Accounts are to be used by you, and it is strictly forbidden to share or allow others to use it. You must keep credentials for your Account secured at all times. It is strictly forbidden to share said sets of data with any third parties, or to write them down for recovery purposes. Should you suspect that your Account or your credentials have been or are being used by a third party, or have been compromised, you must contact us immediately at [email protected]. Otherwise, we may attribute all use of your Account to you, and you agree to be responsible for all activities that occur under your Account.

b. Use of your Account and Services

You must use your Account and the Services complying with law and public order. In particular but without limitation, you shall not:

Access the Site, Accounts and/or the Services by any means other than through interfaces provided by us and as otherwise expressly authorized under these STC;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise tamper the security measures, usage rules or other protection measures implemented by us, our service providers or any third parties to protect the Site, the Accounts or the Services, as well as the restricted features or functionalities available for given categories of Accounts other than the one you are holding, or to attempt to do any of those actions;

Access, tamper with, or use non-public areas of the Service or the Site, the computer systems of the Company, or the technical delivery systems of our providers;

Process data considered as ‘sensitive’ under European data protection laws as well as those relating to payment details can only be done as long as you have obtained our prior written approval. For clarification purposes, this includes health data or any other information relating to an individual’s health, as well as to upload any documents related to the same or ask for the upload of the same;

Use any metatags or other hidden text or metadata in the Site or Services, as well as forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

Use, display, mirror, or frame the Site or Services, any individual element within the Site or Service, the layout and design of any portion of the Service or the Site, or the intellectual property rights and other proprietary rights of the Company;

Attempt to access or search the Services or Site, or scrap or download content from the Services or Site, or otherwise use, upload content to, or create new links, reposts, or referrals in the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers or search engines;

Reverse engineer, decompile or disassemble software used in connection with SaferCodess, Site or Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or the Site;

Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Site or the Services, or your access to or use of the Site or Services;

Impersonate or misrepresent your affiliation with any person or entity, as well as stalk or harass other users or third parties, or share or use offensive or pornographic materials;

Activities such as vulnerability scanning, load testing, penetration tests or bypassing our security measures in any intended way are strictly prohibited to be carried out on our platform without our previous written approval;

Use the Services and, in particular, the functionalities aimed at ensuring interaction of the Services and our product to monitor the availability, performance or functionality of our Services or the Site, or for benchmarking or other competitive purposes;
Send any unsolicited or unauthorized electronic commercial communications, chain letters, or other form of non-authorized solicitation; or/and

Otherwise, use the Account, Site or Services in a manner contrary to the rights and legitimate interests of the Company or any other third party, or in any other manner that may tamper, disrupt, overload, or otherwise damage the Site or the Services. You may let us know about any abuse by filling out this SaferCodes.

For avoidance of doubt, you—or any third party authorized by you—may carry out any action that enables the Services to interoperate and communicate with a given software program, provided that any such integration has been developed by means of the public APIs and related products and services provided by us as part of our range of technical products for developer and integrator users. You understand that we do not control the use of any information collected by third parties—regardless of whether said collection of information took place in the past, is taking place in the present, or is intended to be carried out in the future—by means of said integrations and that further third parties’ terms and conditions may apply to your use of APIs. Therefore, you understand and agree that we shall not defend, indemnify, or hold you harmless for any and all costs or damages arising from those third party actions and integrations.

c. Materials available in the Services or the Site

The Site and the Services may include information, graphics, text, images, and other materials uploaded by other Account holders or third parties. Said materials are solely for your use in connection with the Site and Services, and their legality, accuracy, and completeness are the sole responsibility of the party that have uploaded them to or provided as part of the Site or the Services. Use of the materials may be subject to specific terms and conditions or license terms, and you are responsible to obtain any required licenses or authorizations, and to comply with any licenses or terms and conditions applicable to them.

d. Your contents

We do not claim ownership on the contents you may upload or otherwise use in connection with the Site or Services. However, to ensure we can provide you with the Services or access to the Site, you grant us a worldwide, royalty-free, transferable, sublicensable, non-exclusive, perpetual, irrevocable license under all your intellectual property rights to use, reproduce, distribute, communicate and public perform or display (including, among others, the rights to broadcast and transmit), transform and modify, and/or adapt your contents in connection with the operation of the Site and/or the Services. You represent and warrant that you have the rights necessary to grant the license hereunder, and that your contents do not infringe the law or third party rights or interests.

Please note that by submitting content (photos or videos) into the Service, said contents are made publicly available to third parties. Please evaluate whether you want to share said content under those conditions before submitting them as part of the Services.

e. Third parties’ intellectual property & other proprietary rights

Without prejudice to section 3.b above, you accept not to upload into the Services or the Site, or post, email, transmit, share, or otherwise use, in conjunction with, or related in any manner with the Services or the Site, content for which you do not possess the prior authorization of their titleholders. We are not responsible for said content nor the actions you may take with respect to the content, and you shall not use third party content unless you have first obtained the permission of its owner.

By way of example, you shall not use photographs, music, text, graphics, information, trademarks, trade names, or other content protected under intellectual property rights that are not yours, except when the corresponding owner has expressly given its approval. It is strictly forbidden to use the Services to circumvent the rights of any titleholder upon its intellectual property or other exclusive rights, such as, for instance, providing through the Services links to P2P platforms including infringing materials.

Notwithstanding section 11 below, we may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.

f. Review of your contents

You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud, or when unlawful content is reported to us, we may be required by third parties to review certain content submitted by you to determine whether it is illegal or whether it breaches these STC. We may at our sole discretion modify, prevent access to, delete, or refuse to display content that we believe violates the law or these STC. However, you acknowledge that we have no obligation to monitor or review any content submitted by you.

g. Obligations vis-à-vis Respondents

Your use of the Services may result in the collection and further processing and analysis by you of information belonging to third parties (the “Respondents”). Any contractual relationship existing with Respondents is entered into between you and them. You are fully responsible for meeting any applicable obligations when contacting Respondents and processing their data, such as, without limitation, those under data protection (including informing Respondents about the data collection and processing, as well as attending the rights granted to them by law), cookies or e-commerce laws and regulations. In addition, you are responsible for ensuring that Respondents review and accept these STC and our Privacy Policy, and you will provide any evidence of their consent and approval as requested from time to time by us.

h. Account information

You undertake to submit true, accurate, current, and complete information for the Account creation, and to notify us from time to time so as to keep said information current and accurate. In particular, when providing details on payment methods used for paying any fees associated with our provision of the Services to you, to make sure that said method is valid and can be used by you.

i. Collaboration with us

You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Site, your Account, or the Services.

4. Fees and payments

Payment for the Services shall be subject to the Payment Terms and Conditions, which are included in these STC by reference.

5. Term

The term for our Services provided to you under a Basic Account shall commence upon creation of an Account with us and shall remain in force indefinitely unless terminated by you through “My account”. Certain Accounts are subject to a particular term, as selected by you when signing up for said Services, and shall automatically renew on monthly or annual periods, depending on the term contracted, unless you, at any time, decide to cancel the renewal of your Account through “My account” section. In any such cases, except if you decide to cancel your entire Account, the subscription you have paid for will run for the entire contracted term, and your Account will be downgraded.

As mentioned above, you may terminate your Account at any time, and we reserve the right to terminate your Account under the conditions set forth in section 6 below. These STC apply as long as you have an Account through our Site, regardless of the type of Account you held at each moment.

This section shall not prevent the rights you have as a consumer in connection with the cancellation of, or withdrawal from, your Account. For further information please refer to section 7 below.

6. Suspension and termination of the Account

a. Termination or suspension by the Company

We are entitled to suspend your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account, as well as when you fail to comply with these STC or other mandatory provisions by law. Upon occurrence of any of these, we will contact you and request you to remedy your breach of these STC.

We are entitled to terminate your Account in the event you fail to redress any STC breach in the non-extendable term of fifteen (15) calendar days from notification date. Additionally, your Account may be terminated in the event you substantially breach these STC, including without limitation any case in which the Account is used to commit fraud (e.g. to carry out phishing attacks) or willfully addressed to breach the law. Account termination may result in data loss.

Finally, we may terminate your Account should you oppose the appointment of any sub-processor, as further detailed in our Privacy Policy.

b. Termination by you

You may terminate your Account at any time by using the account termination option. If you terminate your Account you may still be able to access the Site, but you will not have access to the Services, features and content that are available to Account holders. Please note that this may result in data loss.

7. Cancellation of your subscription - withdrawal right

The Services are available upon completion of the signup process and creation of your Account (except for those functionalities subject to any of the subscription plans provided by us). By creating your Account and expressly requesting the Services, you waive to your withdrawal right, if applicable.

8. Social media and third party platforms

The Services may include functionality that allows you to access and post content to social media and third party platforms regarding your activities while using our Services. If you choose to use this functionality, we may:

a. have access to certain information that you make available through the social media or third party platforms at issue, provided that the data has been made available to us under the terms and conditions and privacy policies set forth by said third parties; or

b. post status messages, notes, photos, videos and other materials to the applicable Social Media or third party platform on your behalf.

Subject to all the applicable third parties’ terms and conditions and privacy policies, by connecting your Account with your account on a social media or third party platform, you grant us permission to access and use the information that you make available through the social media or third party platform at issue. To manage the information provided to us, please review the privacy settings applicable to your social media or third party platform accounts.

We are not liable for social media or third party platform contents, products, or services. We shall have no obligation to review their contents, services, or products. You shall review all terms of use, policies, and guidelines established from time to time in said social media or platforms, and you agree to be solely responsible and liable for any claims arising as a result of sharing or posting any content to or your activity in any social media or third party platforms.

9. Disclaimer of warranties and damages

To the maximum extent permitted by applicable law, the Site and the Services are provided “as is”, “with all faults” and “as available” and the entire risk of use and performance remains with you. The Company and its suppliers do not make any representations, warranties, or conditions, express, or implied, or statutory, and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, or non-infringement and does not make any warranty or claim that the Services will be available or provided on an uninterrupted, timely, or secure basis; will be accurate, complete, reliable, or function properly; meet your requirements; be error-free or free from viruses, worms, or other harmful or malicious components. You may have additional rights under your local laws that these STC cannot change and, in any such cases, the Company’s liability is limited in accordance with and to the extent permissible under said local laws.

10. Limitation of liability

To the maximum extent permitted by applicable law, in no event will the Company be liable for any consequential, incidental, exemplary, punitive, or special damages, including any damages to or for loss of data or privacy, revenue, profits, or property (including buildings, wiring, fixtures, devices, computers, peripherals, and animals) or for injury or death, arising from or relating to these STC, your Account, or the Services.

Subject to sections 9 and 10 above, Company’s maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these terms, your Account, the Services, or the Site will not exceed a total maximum amount equivalent to fees paid to the Company in the last twelve (12) months preceding the date in which the damage took place.

The limitation of liability set forth in this section shall only apply to the maximum extent permitted by law. In particular, it shall not be applicable in the event of gross negligence or willful misconduct, or—subject to you using the Services as a consumer—injury or death.

11. Indemnity

You shall indemnify, defend and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless and will keep them indemnified from and against any claim, loss, expense, liability, damage, or demand, including reasonable attorney’s fees, relating to, arising from, or allegedly arising from (a) your use of the Site or the Services, and activities occurring under your Account; (b) any violation of these STC; or © your violation of any other party’s rights or applicable law. The Company reserves the right to assume, at your sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

12. Amendments to the STC

We may modify these STC from time to time. We will provide you with reasonable prior written notice of any change. If you do not agree to any amendments to the STC, you shall (as your sole remedy) stop using the Site and the Services. By continuing to use the Services or the Site, you are providing your agreement to be bound by the updated terms of the STC.

13. Miscellanea

The illegality, invalidity, nullity, or unenforceability of any of the sections of these STC will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.

If, at any time, we fail to respond to a breach of these STC by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company. These STC constitute the entire agreement between you and the Company with respect to your Account and the Services. Both you and the Company, warrant to each other that, in entering these STC, neither the Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these STC.

The rights and obligations set forth in these STC (or, otherwise, of the Account) cannot be assigned to any third party without the prior written consent of the Company.

These STC are drafted both in plain and legal jargon versions. In case of any discrepancies, the legal version included herein shall prevail and take precedence with respect to the plain version.

14. Support

You can contact us in case you have any doubts, comments or concerns by any of the following means:

By email:
[email protected]

15. Applicable law and jurisdiction

General

These STC shall be governed and construed in accordance with Canadian law, without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute that may arise from or in connection to us and/or the Site or the Services shall be subject to the jurisdiction of the courts in Canada.