MYSAFVAULT, LLC TERMS OF SERVICE
NOVEMBER 2022
MYSAFVAULT, LLC, LLC (“MYSAFVAULT” or “we”) is a cloud-based content platform. It provides access to the MYSAFVAULT platform 24/7/365 from your desktop, laptop and smart mobile device. It is intended to provide an easy to use platform to keep your contents, including various important documents, in a Safe, Accessible Fast organized manner. Since MYSAFVAULT is cloud based, you can access them through the web and through a number of device types (e.g., desktop, laptop, and smart mobile devices) that you choose.
This document, the MYSAFVAULT, LLC Terms of Service (“Terms”), outlines the Terms regarding your use of our platform and your use and access to our Services, client software and websites. These Terms are a legally binding contract between you and MYSAFVAULT so please read them carefully. If you do not agree with these Terms, do not subscribe/register or use any of the Services.
By using, accessing or browsing our Services, platform and products including, but not limited to, applications, mobile, software, websites or other properties owned or operated by MYSAFVAULT or by subscribing/ registering for an account (“Services”) you are agreeing to be bound by these Terms for the Service provided by MYSAFVAULT. You are entering into this contract with MYSAFVAULT, LLC. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and you represent and warrant to MYSAFVAULT that, under the laws of the applicable jurisdiction, you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. In order to use the Services, you must be legally permitted to accept these Terms.
PRIVACY
In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy. You acknowledge your use of the Services is consent to and subject to our Privacy Policy and understand that our Privacy Policy identifies how MYSAFVAULT collects, stores, transfers and uses certain information.
CHANGES TO TERMS
We reserve the right to modify these Terms. We will post the most current version of these Terms at the MYSAFVAULT website (the “Site”). If we make material changes to these Terms, we will notify you via the changes to Services on said Site and/or, at our option as determined in our sole and absolute discretion, by email to the email address associated with your account. If you do not accept the changes, you must stop using and cancel your account by email. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the revised/updated terms.
YOUR ACCOUNT
Certain aspects of the Services may require you to obtain an account by completing a subscription/registration form and designating a user ID and password. When registering with MYSAFVAULT you must: (a) provide true, current and complete information about yourself on the subscription/registration form and (b) maintain such information so it continues to be true, current and complete.
You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services (please also see our Use Policy below). Only you may use your MYSAFVAULT account and you are responsible for all aspects of your account. Each user must have a separate account. You may not share, loan or transfer your ID or password. If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact MYSAFVAULT.
CONTACT EMAIL FOR YOUR ACCOUNT
You get to choose what email address you register for an account.
CONSENT TO NOTICES, COMMUNICATIONS, ADVERTISING AND SOLICITATION
By registering with MYSAFVAULT or signing up for Services, you understand and consent to us sending you (including via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding MYSAFVAULT’s products and Services. Please review your settings in your account to control the messages you receive from us.
Notices emailed to you will be considered given and received when the email is sent. If you do not consent to receive notices (other than advertising and marketing materials) electronically, you must stop using the Services.
CONTENT
All the electronic documents and information that you upload and store on your account is “Content”. All Content uploaded by you into your account is yours. We do not control, verify/validate, review or endorse your or others’ Content. You are responsible for: (a) all Content in your MYSAFVAULT account(s) and that you share through the Services- and (b) making sure that you maintain/have all the rights you need in relation to the Content. In addition, by storing, using or transmitting Content you confirm that you will not violate any law or these Terms (please also see the Use Policy below). You agree that when you share your Content, you may be allowing other people to access and use your Content in any way without further restriction or compensation to you.
You agree to provide MYSAFVAULT (as well as affiliates, agents, Services providers, and third parties acting on MYSAFVAULT’s behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, and/or (iv) to respond to an emergency.
COPYRIGHT COMPLAINTS AND REMOVAL POLICY
MYSAFVAULT respects the intellectual property of others and will respond to notices of alleged copyright infringement. We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators. If you believe there has been a violation of your intellectual property rights, please inform us.
CONFIDENTIAL INFORMATION
During your use of the Services, MYSAFVAULT, information may be shared with you that is confidential, sensitive or should be kept secret. For example, if we tell you about our products, product designs, technology and technical information, provide you with security audit reviews, business and marketing plans, or share our business processes, these should always be considered confidential information.
Similarly, we agree that your Content, credit card/banking information and other information contained in your account is confidential information.
Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar), or provide information (electronically, in writing, or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as confidential information.
However, if you tell us information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had the right to tell us; (c) is generally available to the public or otherwise; or (d) was independently developed by us without using any of your confidential information, then that information will not be considered confidential. This also applies to information that we tell you that falls into any of these categories.
Lastly, we both agree that: (i) we will treat each other’s information with the same degree of care that we treat our own confidential information; (ii) will use each other’s confidential information only in connection with these Terms and the Services; (iii) only share the information with others who have a need to know; and (iv) not share the information with any third party except as allowed in these Terms or through the Services. Confidential information will always remain the property of its owner.
CONTENT STORAGE
The Services are provided from the United States. By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the United States. However, you understand that you (or other people that you collaborate with) can access the Services (including Content) from outside of the United States (subject to applicable law) and that nothing prohibits the processing of other information outside of the United States. MYSAFVAULT may offer products that enable storage and/or processing of Content outside of the United States and those products are/may be subject to the applicable laws in such jurisdictions where located.
USE POLICY
You agree you will not, nor will you encourage others or assist others to, adversely affect/harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or adversely affect another person, organization or MYSAFVAULT and/or to build a similar Services or website. You must not: (a) damage, disable, overburden, or impair the Services (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, reverse engineer, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or Services (such as a bot, a spider, or periodic caching of information stored by MYSAFVAULT) to access or use the Services; (e) use the Services beyond the amounts provided in that Services or in violation of our use policy; (f) use the Services to, and/or cause MYSAFVAULT to, violate any law or distribute any malware or malicious Content; or (g) distribute, post, share information or Content illegally or without permission.
As part of our efforts to protect the Services, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any Services, or any type of file, email or other notice or communication to or from the Services.
We also reserve the right to deactivate, change and/or require you to change your MYSAFVAULT user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services.
You also agree that if you learn of any unauthorized or unacceptable use of any account, Content or the Services, you will promptly contact MYSAFVAULT and take all reasonable steps to cooperate with MYSAFVAULT and assist in the termination of such use.
SUSPENSION AND TERMINATION OF THE SERVICES
We reserve the right to suspend or terminate your access to the Services at any time, in our sole and absolute discretion if 1) you are in breach of these Terms; or 2) your use of the Services could cause a risk of harm or loss to MYSAFVAULT or our other users; or 3) MYSAFVAULT declines to renew your Subscription Period. When appropriate, as determined in our sole and absolute discretion, and as permitted by law, MYSAFVAULT will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to MYSAFVAULT’s decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for MYSAFVAULT, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, MYSAFVAULT may still make a determination that it does not want to continue offering you access to the Services at any time for any or no reason.
You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services.
Upon termination you may request access to your Content, which we will, if appropriate, as determined in our sole and absolute discretion, and as permitted by law, attempt to make available, except in cases where we have terminated your account due to your violation of these Terms or the Use Policy terms. You must make such a request within fourteen (14) days following termination otherwise, any Content you have stored with the Services may not be retrievable and we will have no obligation to maintain Content stored in your account after this fourteen (14) day period.
UPDATES TO THE SERVICES
We can, as determined in our sole and absolute discretion, make necessary changes, updates or enhancements to the Services at any time. We may, as determined in our sole and absolute discretion, also add or remove functionalities or features, and/or we may suspend or stop the Services altogether.
THIRD PARTY PRODUCTS
MYSAFVAULT may make available to you optional third-party applications, Services or products, for use in connection with the Services (“Third-Party Products”). These Third-Party Products are not necessary for the use of the Services and your use of the Third-Party Products (and any exchange of any information, license, payments etc.) is solely between you and the applicable third-party provider. MYSAFVAULT makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.
If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable third-party provider directly.
MYSAFVAULT PROPRIETARY RIGHTS
All contents of the Site and Services including but not limited to logos, , others’ content, trademarks, and other brand features, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement and MYSAFVAULT Confidential Information, tangible, intangible, in whatever form, belong to MYSAFVAULT, and/or its third party providers, its suppliers, affiliates, or licensors.
MYSAFVAULT and/or its licensors own and reserve all rights, title and interest in and to the Services and all hardware, software and other items, tangible, intangible, in whatever form, used to provide the Services, other than the rights we expressly grant to you to use the Services and MYSAFVAULT Confidential Information. No title to or ownership of any kind of any proprietary rights related to the Services or MYSAFVAULT Confidential Information is transferred to you pursuant to these Terms.
If you provide, whether solicited or not, comments, suggestions and recommendations to MYSAFVAULT about a Services (e.g., modifications, enhancements, improvements) (collectively “Feedback Information“), you are automatically assigning this Feedback Information, and title and ownership thereof, to MYSAFVAULT. We welcome feedback, comments, suggestions, or any input, but note that we may use or not use, as determined in our sole and absolute discretion, any such feedback, comments, suggestions, or any input, without any obligation or compensation to you.
NO WARRANTY OR CONDITIONS
There are certain things that we do not guarantee, promise, warrant or represent about the Services. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, their reliability, accuracy, availability, or ability to meet your needs. We are not responsible for lost or unavailable data. Web browser Location Access is required for the availability of certain Services to function.
TO THE EXTENT NOT PROHIBITED BY LAW, MYSAFVAULT AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, (B) MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
INDEMNIFICATION
To the extent not prohibited by law, you will defend MYSAFVAULT against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of MYSAFVAULT’s actions); or (b) violates applicable law or these Terms. MYSAFVAULT will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR MYSAFVAULT AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, COLLATERAL DAMAGES, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT, TANGIBLE OR INTANGIBLE) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF MYSAFVAULT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF YOU OR MYSAFVAULT AND ITS AFFILIATES, OFFICERS, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES, SAVE IN RESPECT OF LIABILITY ARISING UNDER THE ABOVE INDEMNIFICATION SECTION OF THESE TERMS, WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THAT SERVICES; OR (B) ONE HUNDRED DOLLARS ($100 U.S.D.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, COLLATERAL, OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS AND LIMITATIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF OUR CONTRACT WITH YOU.
NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
Nothing in these Terms shall exclude or limit the liability of you or MYSAFVAULT and its affiliates, officers, employees, agents, licensors, resellers, suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded or limited by law.
The provisions of this “Limitation of Liability” section allocates the risks under these Terms between you and MYSAFVAULT, and you and MYSAFVAULT acknowledge they have relied on these limitations in determining whether to enter into these Terms and the pricing for the Services.
DISPUTE RESOLUTION AND GOVERNING LAW
You must comply with all domestic and international export laws and regulations that apply to your use of the Services. These laws include restrictions on destinations, end users, and end use.
If you reside in the United States, you agree that the Terms and your relationship with MYSAFVAULT will be governed by the laws of the State of Illinois, U.S.A. regardless of conflict of laws principles. We both agree that the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, the Uniform Computer Information Transactions Act, and any law effectuating these conventions do not apply to these Terms. We both agree that all of these claims can only be litigated in the federal or state courts in Illinois, USA and we each agree to personal jurisdiction in those courts. However, you agree that MYSAFVAULT can apply for injunctive remedies in any jurisdiction.
If you reside outside of the United States, you agree that the Terms, and your relationship with MYSAFVAULT, shall be governed by the laws of Illinois, USA. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. However, you agree that MYSAFVAULT can apply for injunctive remedies in any jurisdiction.
To the extent that the following provision is not in conflict with applicable law, you may only resolve disputes with us on an individual basis and may not bring a claim or proceed in a group arbitration proceeding as a plaintiff or a class member in a class, consolidated, or representative action.
You and MYSAFVAULT, if determined by MYSAFVAULT, in its sole and absolute discretion to do so, agree to resolve any claims relating to these Terms or the Service through final and binding arbitration by a single arbitrator.
TRIALS
If offered, you can apply/sign-up for a trial period for all or some of the Services, as offered by us, and your trial period starts on the day you create the trial account and lasts for 30 days, if not stated otherwise in such offer. If you are on a trial, you may cancel at any time until the last day of your trial. If you do not wish to incur charges, you must cancel the account by the end of the 30th day.
If you do not cancel your account and we have told you the account will be converted to a paid subscription at the end of the trial period, then you authorize us to charge your credit card for those specific Services. You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, but no credits or refunds will be available.
FEES
MYSAFVAULT offers paid Services. If you choose to subscribe to paid Services, you agree to pay the fees (“Fees“) as quoted to you when you purchase those Services. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Services. You will pay the Fees in United States currency. MYSAFVAULT reserves the right to change its prices at any time; however, if we have offered a specific duration and Fee for your use of the Services, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Services will be charged at the then-current Fee(s). If you don’t agree to these changes, you must stop using the Services and cancel via email (with cancellation confirmation from a MYSAFVAULT representative). If you cancel, your Services ends at the end of your current Services period or payment period, and no refunds for previously paid Services will be issued.
If you do not cancel in accordance with these Terms, the subscription for the Services will automatically renew at the then-current price and term length for the next subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.
BILLING/PAYMENT
You must provide us and/or our designated payment processor current, complete, accurate and authorized payment method information (see privacy policy). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription Services, on a recurring basis. To the extent MYSAFVAULT has not received your payment, in order to bring your account up to date; we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Services and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
SUBSCRIPTION PERIOD
You may elect one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the Services purchased):
A monthly subscription plan (“Monthly Subscription Plan”). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal order form) unless you cancel your Monthly Subscription Plan at least five (5) business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.
An annual subscription plan (“Annual Subscription Plan”). The subscription period for the Annual Subscription Plan will be for one year and will automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal Order Form) for additional periods equal to one (1) year each year on the anniversary unless you cancel at least ten (10) business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. Note that under the Annual Subscription Plan you will not be permitted to cancel the MYSAFVAULT Services you have selected until the anniversary date. Be aware that you are committing to a one-year plan; if you are not certain, we recommend choosing the Monthly Subscription Plan.
If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time. If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan.
Where required by law, you may have a legal right to cancel your subscription, during the prescribed time frame of your initial subscription period. If you are entitled to this right by law, your cancellation request will be processed within ten (10) business days, and you will receive a prorated refund of any unused prepaid fees.
MYSAFVAULT may offer additional subscription plans at its sole and absolute discretion.
MYSAFVAULT SOFTWARE
If your use of the Services includes the use of optional downloadable user software (“Software”); this Software may update automatically on your device once a new version or feature is available. MYSAFVAULT gives you a personal (subject to applicable law), limited, nonexclusive, non-assignable, nontransferable, revocable license to use the Software, for the sole purpose of enabling you to use the Services. To the extent any component of the Software may be offered under an open source license, we may make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
SUSPENSION AND TERMINATION OF THE SERVICES
We reserve the right to suspend or terminate your access to the Services at any time, in our sole and absolute discretion if 1) you are in breach of these Terms; or 2) your use of the Services could cause a risk of harm or loss to MYSAFVAULT or our other users; or 3) MYSAFVAULT declines to renew your Subscription Period. When appropriate, as determined in our sole and absolute discretion, and as permitted by law, MYSAFVAULT will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to MYSAFVAULT’s decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for MYSAFVAULT, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, MYSAFVAULT may still make a determination that it does not want to continue offering you access to the Services at any time for any or no reason.
You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services.
If we (1) decide to terminate your access to the Services, as determined in our sole and absolute discretion and as permitted by law, and you are not in breach of these Terms or (2) if you decide to terminate the Services as permitted hereunder, and as permitted by law, and you are not in breach of these Terms, we will attempt to make available any Content you have stored with the Services for a period not to exceed 30 days. You must make such a request within fourteen (14) days following such termination, otherwise we will have no obligation to maintain Content stored in your account after this fourteen (14) day period.
GENERAL TERMS
Severability; Entire Agreement. These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Services. It supersedes any prior contract or oral or written statements regarding your use of the Services.
Assignment and transfer. We may assign, transfer, or otherwise dispose of our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Services, unless we provide, as determined in our sole and absolute discretion, written consent for you to do so.
Independent Contractors; No third-party beneficiaries. MYSAFVAULT and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors. The use of third party provided Services made available hereunder is acknowledgement and acceptance that said third party providers’ Services are also subject to said third party providers’ Terms of Services and Privacy Policy. These Terms create no third party beneficiary rights.
Waiver. The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.
Mobile restrictions. The Services is available on mobile devices. Do not use the Services in a way that distracts you and prevents you from obeying traffic or safety laws, or that may put the physical safety of others in danger. MYSAFVAULT IS NOT LIABLE FOR ANY DAMAGES WHATSOEVER FROM USE ON SUCH MOBILE DEVICES. SEE LIMITATION OF LIABILITY ABOVE.