SAFESTER SERVICE SUBSCRIPTION AGREEMENT
March 20, 2019
Customer wishes to enter into a service subscription agreement with KawanSoft, a French company located at Paris. At Customer’s request, all necessary information and documentation was provided enabling it to make a choice and Customer decided to subscribe to the Safester Service. KawanSoft agrees to provide Customer with the service under the terms and conditions of this document.
Customer shall first fully accept the Terms and Conditions herein.
The following definitions shall apply for the purposes of this agreement:
|Customer:||shall mean a natural person or a legal entity that signs up for the Safester Service. Subscription is entirely taken out online via the website.|
|shall mean a set of Customer’s personal Web pages, accessible through the website enabling Customer to have access to Customer’s account information such as: subscription date, personal information, ongoing consumption, previous invoices, etc.|
|Identifiers:||shall mean a combination of a personal and confidential login and password, necessary for accessing the Safester Service and the Customer Account.|
|Software Programs:||shall mean Safester messaging software, whether taken in whole or in part.|
|Website:||shall mean www.Safester.net website|
3. DESCRIPTION OF THE Safester Service
The Safester Service consists of a secure messaging application, running locally on the customer computer, accessed through the Internet.
4. SUBSCRIPTION PROCESS
To have access to the Safester Service, Customer must open an account on the Website and complete all required fields on the identification form.
Customer undertakes to provide all accurate data and in case of data modification, whether in whole or in part, to update it immediately.
Personal data provided by Customer to KawanSoft is collected according to the “European Data processing, Data Files and Individual Liberties” Act of January 6th, 1978 for the sole purpose of processing Customer’s subscription request. Under this law, Customer, if a natural person, has a right to access, complete, rectify and delete his/her personal data and may exercise this right by writing to the following e-mail address: .
Identifiers of Customer are his/her email address and password.
Passwords cannot be recovered. If a password is lost the account becomes inaccessible. Safester does not store individual passwords, and does not possess a master password. Customer is solely responsible for his password and account accessibility.
Customer is responsible for keeping its Identifiers secure and confidential and undertakes not to divulge or share them with any third party.
Customer is solely responsible for fraudulent use of its Identifiers and warrants KawanSoft against any and all claims that may be brought by a third party in relation to such use.
Before leaving the Website, Customer must close the application to terminate his/her session.
6. CUSTOMER’S OBLIGATIONS
Customer bear sole responsibility for sending encrypted and/or signed electronic mail. By registering with the Safester Service, the Customer undertakes to abide by these conditions of use in full, and not to modify them in any way. KawanSoft reserves the right to suspend a subscription at its own discretion in the event that the conditions of use have not been obeyed.
1. use the service to transmit electronic mail with illegal content.
2. use the service to transmit or distribute items containing material that is harmful, threatening, obscene, defamatory, likely to incite hatred, racist, or revisionist.
3. use the service to endanger minors in any way whatsoever.
4. use the service to transmit images of child pornography
5. use the service to endanger authors’ copyright or picture copyright.
6. use the service to endanger the private lives of others.
7. use the service to transmit any unsolicited or unauthorized publicity or promotional material (in particular “spam”).
Customer must pay the appropriate subscription fees due to KawanSoft according to clause 11.
7. GRANT OF LICENSE TO USE THE SOFTWARE PROGRAMS
A personal, non-exclusive and non-transferable license to use the Software Programs is hereby granted to Customer. This license is granted to Customer exclusively to allow use of the Safester Service within Customer’s subscription and for its duration. This license is strictly limited to the purposes herein specified.
The terms of this license apply to all Software Program upgrades carried out to replace and/or complete the original Software Programs, unless a separate license is required.
8. MAINTENANCE AND UPDATING
KawanSoft does not make any commitment concerning ongoing maintenance of the Safester Service made available to Customer.
If necessary, KawanSoft can conduct maintenance or repair operations on the Safester Service servers. Safester will endeavor to conduct these operations or have them conducted outside of the peak period of use of the Safester Service.
KawanSoft reserves the right to modify the Safester Service at any moment in whole or in part, provided that the modification does not have a negative impact on the Service provided to Customer.
9. LIMITATION OF LIABILITY
The parties agree that KawanSoft has a duty to use its best efforts. The Safester Service is used by Customer under its sole direction, control and liability. KawanSoft shall not in any case be held liable for errors, data corruption or failures caused by a misuse of the Software Programs.
KawanSoft shall not be liable for denial of access or difficult access to hosted data for reasons of force majeure as defined by current case law and French courts. Furthermore, the parties hereby consider the following as events of force majeure: electrical or telecommunication network failures, strikes, storms, wars, earthquakes, Internet connectivity failures due to Internet network operators, cracker attacks, fires, floods and water damage, computer viruses, machine breakdowns or technical incidents and explosions.
Except for gross negligence, KawanSoft shall not be liable for:
- corruption by a computer virus of Customer’s Data and/or software programs, protection of which is Customer’s responsibility ;
- defective setting of parameters of the service by Customer ;
- loss of hosted data by KawanSoft;
- possible misappropriation of passwords, confidential codes and more generally of any sensitive information for Customer ;
- overload of monthly data transfer volume or of the storage area included in the fixed subscription ;
- direct and/or indirect immaterial damage, consequential or not of materiel damage, such as commercial loss, loss of orders, lost profits, damage to goodwill, any commercial damage, loss of profits or customers.
In any case, KawanSoft’ total liability to Customer for damages for any cause whatsoever will be limited to six (6) times the monthly Safester Service subscription fee.
KawanSoft makes its best efforts to give permanent access to the Safester Service and the Website, but cannot warrant, guarantee, or make any representation that they will operate uninterrupted or are error-free or that they are absolutely secure. KawanSoft shall not therefore be held liable for unavailability or functional restrictions of the Safester Service and the Website.
The Safester Service and the Software Programs included in this service are provided as is without warranty of any kind, the Solution being used therefore under Customer’s sole responsibility.
KawanSoft may momentarily interrupt access to the Safester Service and to the Website for servicing, upgrading or technical improving purposes, or to change their content or form.
The Internet network is controlled by third parties and Safester neither does nor can control it. An act or failure to act by a third party can sometimes stop or reduce Safester Service. KawanSoft will make every endeavor to improve the situation, but it is understood that in any case, it shall not be held liable for malfunctions or unavailability of the Internet network.
11. INTELLECTUAL PROPERTY RIGHTS
The parties acknowledge and agree that (a) KawanSoft owns all technical intellectual property rights in the Safester Service; (b) KawanSoft owns all intellectual property rights in all clients listings, databases, HTML pages and other non-technical items created by or for KawanSoft within the provision of the Safester Service.
These Terms and Conditions do not transfer any intellectual property rights or grant any license thereof to Customer, with the exception of the right to use the Software Programs as set out in clause 7.
The name Safester is a registered trademarked and cannot be reproduced or used without its prior written authorization.
Customer agrees not to remove or in any way modify any copyright notices or any other proprietary marking appearing on documents provided by KawanSoft and/or on the Safester Service.
12. SUBSCRIPTION PAYMENTS
Fees for the use of the Safester Service are available at the following address: www.Safester.net/pricing_v3.html
During the Beta testing phase there is NO charge to the Service. All account opened during the Beta test phase will continue to have free use for three months after the introduction of paid subscriptions.
12.2. BILLING INFORMATION
KawanSoft reserves the right to change at any moment the amount of the fees, provided that it informs Customer with 30 days’ notice prior to the date of application of the new fees. Customer will then be able to terminate its subscription with 15 days’ notice prior to the date of application of the modification.
If Customer has not used its option to terminate the subscription, Customer shall be considered to have accepted the said modification.
13. DURATION OF SUBSCRIPTION
The Safester Service will remain available to the customer with full functionality as long as he/she is in good standing with, and has paid the required subscription fee to KawanSoft.
Customer Data will be remain for one year (360 days) after the date his/her subscription terminates in case he/she wishes to renew at a later date. Customer can also, upon termination, explicitly request all data stored with his/her account to be removed and deleted permanently.
The Safester Service subscription may be terminated automatically by KawanSoft if Customer fails to perform one of its essential obligations and in particular its financial obligations, or in case of suspension of payments affecting Customer, this within the context of the applicable law.
Termination of the Safester Service subscription for any reason whatsoever results in automatic termination of the license of the Software Programs provided herein.
It is Customer’s sole responsibility to save this version of the Terms and Conditions.
Information sent directly or indirectly by Customer at the time of its connection and recorded by KawanSoft shall be considered proof between the parties.
16. GOVERNING LAW
These Terms and Conditions are subject to French law.
The commercial courts of Paris, France, shall have jurisdiction over all disputes relating to these Terms and Conditions pertaining to their validity, construction or performance.
Safester – March 20, 2019