Terms of Use for SafeCards Users
Last updated: January 16, 2023
These Terms of Use (“Terms” “Terms of Use” “Agreement” or “Service Agreement”) govern your relationship with the SafeCards Service (the “Service”) operated by 1st Quarter, Inc. (“us” “we” or “our”). It is important that you read this carefully because you will be legally bound to these terms.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, free trial users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the terms and conditions of this Agreement, in whole or in part, please do not use the Service.
Description of Service
The “Service” means (a) 1st Quarter's secure document vault as well as the website https://www.safeCards.com (the “Site”), and (b) all software (including the Software, as defined below), applications, data, text, images, and other content made available by or on behalf of 1st Quarter. Any modifications to the Service are also subject to these Terms. 1st Quarter reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title and interest in and to the Service will remain with and belong exclusively to 1st Quarter.
Accounts
When you install SafeCards, we do not ask you for account registration information. Any data provided in the application is stored encrypted on your device and/or in Apple iCloud. Thus, 1st Quarter maintains no user account on your behalf.
You are responsible for safeguarding the data on your phone and iCloud account by enabling reasonably secure passcodes and/or FaceID or TouchID. You are also responsible for repercussions due to sharing your device of account information with 3rd parties.
Intellectual Property
The Service and all contents, including but not limited to text, images, graphics or code are the property of 1st Quarter, Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of 1st Quarter, Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
User-Generated Content
“Your Data” means any data and content which you upload, store, retrieve, or otherwise make available through the Service. You retain all of the rights to Your Data. You agree to grant 1st Quarter, Inc. a license to store, retrieve, backup, restore, and otherwise copy Your Data so that we may provide you with the Service.
Links To Other Websites
The Service may contain links to third-party web sites or services that are not owned or controlled by 1st Quarter, Inc.
1st Quarter, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that 1st Quarter, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Notifications
The Service may deliver notifications to you inside of the SafeCards app. Since 1st Quarter, Inc. keeps no records of your user account or contact info, this method of communication is necessary in the event of service updates.
Termination
You are entitled to cease using our Services at any time and for any reason without notice to us.
Our duty is to keep our Service as safe and well maintained as possible. To this end, we may need to terminate accounts for violations of these Terms. In the following circumstances we will provide notice to you prior to termination of your account: (a) you are in breach of these Terms; or (b) you are using our Services in a way that can cause or has caused a risk of harm or loss to either 1st Quarter or our other customers.
In the event of such a termination we will provide you with the ability to take your data with you.
There are three very limited circumstances in which we will be unable to send notice to you prior to terminating your access to our Services: (i) you are in material breach of these Terms in such a way as to immediately and seriously endanger us and other users; (ii) we are unable to send you notice because this would cause us legal liability or a disruption to our Service; and (iii) we are unable to notify you due to law. If we terminate your account for the reasons outlined in i-iii, then we will work with you to ensure you retain copies of your data, wherever permitted by law.
All provisions of the Terms shall survive termination, including without limitation: ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease.
Limitation Of Liability
1st Quarter, Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
1st Quarter, Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. In such cases, the state law shall apply to the extent necessary.
1st Quarter, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and 1st Quarter, Inc. chooses not to immediately act, or chooses not to act at all, 1st Quarter, Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. 1st Quarter, Inc. does not waive any of its rights. 1st Quarter, Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the laws of the United States and the State of California, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Dispute Resolution
All disputes and questions whatsoever which shall arise between 1st Quarter Inc. and you in connection with this Service Agreement, or the construction or application thereof or any provision contained in this Service Agreement or as to any act, deed or omission of any party or as to any other matter in any way relating to this Service Agreement, shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator.
The arbitrator shall be appointed by agreement between the parties or, in default of such agreement, such arbitrator shall be appointed by a Judge of the Superior Court of Justice sitting in Oakland, California, upon the application of any of the parties and such judge shall be entitled to act as such arbitrator, if he or she so desires.
Unless otherwise agreed to by the parties, arbitration shall be held in the City of Oakland California. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator.
The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
The Change Log section below is not a part of these Terms, nor is the Terms of Service archive or any content linked therefrom.
Contact Us
If you have any questions about these Terms, you can email our support team at info@safecards.com
