The terms governing your use of SafeToOpen. Please read them carefully — they include important limitations on liability.
Please read these Terms of Use (“Terms”) carefully before accessing or using the SafeToOpen website, products, extensions, add-ins, or services (together, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
By using the Services you agree to comply with these Terms. SafeToOpen may update or amend these Terms at any time; continued use after changes are posted constitutes acceptance. Where you use the Services on behalf of an organisation, you confirm you are authorised to bind that organisation.
3.1 Your use of the Services is at your own risk. To the maximum extent permitted by law, the Services are provided “as is” and “as available,” and SafeToOpen excludes all warranties, conditions, guarantees, representations, and terms, whether express or implied (including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement), except those which cannot lawfully be excluded.
3.2 To the maximum extent permitted by law, SafeToOpen, its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive loss or damage, or for any loss of profits, revenue, data, goodwill, or business, arising out of or in connection with the Services — including any failure to detect or prevent a threat, any data leakage or exposure of information, any false positive or false negative, or any interruption or unavailability of the Services — whether based in contract, tort (including negligence), or otherwise, even if advised of the possibility of such loss.
3.3 To the maximum extent permitted by law, SafeToOpen’s total aggregate liability arising out of or in connection with the Services will not exceed the amount you paid to SafeToOpen for the Services in the twelve (12) months immediately before the event giving rise to the liability (or, for free Services, NZ$100).
3.4 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including, where applicable, certain rights under consumer-protection laws. Where you deal with us as a consumer and applicable law provides guarantees that cannot be excluded, those rights are unaffected; our liability for breach of any such guarantee is, where permitted, limited to re-supplying the Services or paying the cost of re-supply.
You agree not to misuse the Services, including by attempting to gain unauthorised access, interfering with the Services, reverse-engineering or tampering with our software except where permitted by law, using the Services unlawfully, or relying on the Services as your sole safeguard for high-risk activities.
The Services may reference or link to third-party websites or content that we do not control. We are not responsible for third-party content, products, or practices, and links do not imply endorsement.
The Services do not constitute an offer or solicitation in any jurisdiction where that would be unlawful. Some products or features may not be available in all jurisdictions.
The Services, including content, design, trademarks, and software, are owned or licensed by SafeToOpen and protected by intellectual-property laws. Except as permitted by law or with our prior written consent, you may not copy, reproduce, modify, distribute, or create derivative works from the Services.
Where software (such as an extension or add-in) is made available, you are granted a non-exclusive, limited, revocable, personal licence to use it in accordance with these Terms and any applicable order or subscription. You must not reverse-engineer, decompile, or tamper with the software except to the extent permitted by law.
We use reasonable efforts to keep the Services available, but make no guarantee of continuous, secure, or error-free operation. The Services may be unavailable from time to time for maintenance, upgrades, or reasons beyond our control.
To the extent permitted by law, you agree to indemnify SafeToOpen against claims, losses, and costs arising from your misuse of the Services or breach of these Terms.
Any non-personal feedback, suggestions, or ideas you provide about the Services are non-confidential, and you grant SafeToOpen a perpetual, royalty-free right to use them without obligation to you.
These Terms are governed by the laws of New Zealand, and you submit to the exclusive jurisdiction of the New Zealand courts in relation to any dispute, unless a mandatory law in your country of residence requires otherwise.
If any provision is found unenforceable, the remaining provisions continue in effect. Our failure to enforce a right is not a waiver of it. If there is any inconsistency between the English version and a translation, the English version prevails.
Questions about these Terms? Email [email protected].
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