ReSafe Ltd. ("ReSafe", "we", "us" or "our") welcomes you to resafe.io, to our threat-detection products, and to every related feature, application, and service (together, the "Services").
These Terms of Service (the "Terms") govern your access to and use of the Services. By accessing or using the Services, or by completing a subscription, you acknowledge that you have read these Terms and our Privacy Policy and agree to be bound by them. If you do not agree, do not use the Services.
Please read the Dispute Resolution section carefully. It contains an arbitration agreement that requires disputes to be resolved individually, and it waives your right to a jury trial and your right to participate in a class action.
1. Subscription and License
To use most of the Services you must register through our website or mobile application. Registration requires details such as your name, email address, phone number, and a password, or authentication through a supported identity provider, and your consent to the processing of that data as described in our Privacy Policy.
ReSafe may decline a subscription request, or suspend or terminate an existing subscription, at its sole discretion. Subscriptions renew automatically for successive terms of the same length unless cancelled before the renewal date.
Subject to your payment of the applicable fees and your compliance with these Terms, ReSafe grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free right to use the Services for your own personal, non-commercial purposes.
ReSafe improves and updates the Services continuously and may do so without prior notice. If an update materially decreases the functionality you subscribed to, you may terminate your subscription within fourteen (14) days of the change and receive a pro-rated refund of prepaid fees covering the unused remainder of your term.
2. Order Form and Fees
The plan you select, the fees payable for it, the subscription term, and the billing arrangements are set out in the order form, checkout page, or app-store listing you complete (the "Order Form").
Unless an Order Form says otherwise, any fees owed by you to ReSafe are paid in advance of the provision of the relevant Services. Refunds are governed by our Refund Policy at https://resafe.io/refunds/, which forms part of these Terms; except as that policy provides or the law requires, fees are non-refundable. Fees are exclusive of taxes, and you are responsible for any taxes and duties imposed on the transaction other than taxes on our income.
Payment is taken through third-party payment providers. Your use of those providers is governed by their own terms, and you are responsible for your interaction with them. You confirm that you are authorized to use the payment method you provide, and you authorize us and our providers to charge it for the fees due, including on each automatic renewal, at the price then in effect.
Except as our Refund Policy provides or the law requires, an Order Form is final once accepted. ReSafe may cancel an Order Form on written notice, in which case we will refund prepaid fees covering Services not yet provided.
If a payment fails or is overdue, ReSafe may suspend the Services, charge interest at the maximum rate permitted by law, and recover the costs of collection. Where your subscription was purchased through an app store, cancellations and refunds are handled under that store's rules.
3. Use Restrictions
You may not, and may not permit any third party to:
- Copy, modify, translate, adapt, or create derivative works of the Services.
- Reverse engineer, decompile, or disassemble the Services, or otherwise attempt to derive their source code, except to the extent that restriction is prohibited by law.
- Remove, obscure, or alter any copyright, trademark, or other proprietary notice.
- Frame, mirror, scrape, or systematically extract content from the Services.
- Transmit through the Services any content that is infringing, defamatory, obscene, or otherwise unlawful.
- Upload or distribute malware, or use the Services to attack, probe, or disrupt any system or network.
- Interfere with or place undue load on the operation of the Services, or circumvent any access control, rate limit, or security measure.
- Use the Services for any illegal purpose, for spam, or for any unsolicited commercial communication.
- Use the Services, or data obtained from them, to build a competing product or service.
- Publish or disclose any benchmark or performance test of the Services without our prior written consent.
- Sell, resell, rent, lease, or share access to the Services with anyone other than yourself.
- Breach any other provision of these Terms.
If you breach this section, ReSafe may suspend or terminate your access immediately, and you must return or destroy all materials we make available to you on request.
4. User Warranties
You represent and warrant that:
- The information you provide on registration is true, accurate, current, and complete, and you will keep it that way.
- You have the legal capacity to enter into and comply with these Terms.
- You are at least 18 years old, or you have the permission of a parent or legal guardian who agrees to these Terms on your behalf.
- You have obtained every consent required for any information you provide about another person.
- You will not use the Services for any unlawful purpose, and your use complies with all laws that apply to you.
If any information you provide is untrue, inaccurate, or incomplete, ReSafe may suspend or terminate your subscription immediately and without notice.
5. Intellectual Property
ReSafe and its licensors reserve all rights in and to the Services, including all patents, copyrights, trademarks, trade names, service marks, trade secrets, designs, and other intellectual property rights. No right or licence is granted to you except as expressly stated in these Terms.
The ReSafe name and logo are our trademarks. You may not use them without our prior written consent.
If you send us feedback, ideas, or suggestions about the Services, you provide them "as is", and ReSafe may use them for any purpose, without restriction, attribution, or compensation. You waive any moral or economic claim in respect of that use.
6. Use of Personal Information and Mailings
ReSafe respects your privacy and handles your information in accordance with our Privacy Policy, which forms part of these Terms.
Registration may require you to provide personal information. By registering, you consent to receive service notifications, security alerts, and transactional emails and messages, which are part of the Services and cannot be turned off while your account is active.
Marketing materials are sent only where you have opted in, and you can opt out at any time by using the unsubscribe link in the message, replying STOP to a marketing text message, or writing to support@resafe.io. Consent to marketing is never a condition of purchasing the Services.
Mobile messages may be used for two-factor authentication, security alerts, and service updates. Message and data rates may apply according to your carrier plan, and message frequency varies.
7. Third-Party Breach Data
Monitoring an identifier — an email address or a phone number — requires ReSafe to check it against a provider that maintains records of data breaches that have already occurred. By asking us to monitor an identifier you instruct us to transfer it to such a provider for that purpose, and you confirm that the identifier is your own or that you are otherwise entitled to have it monitored. While your subscription is not active we transfer the email address on your account in the same way when you open the app, so that we may show you what a scan finds.
Such a provider acts as our processor under a written data-processing agreement and receives the identifier alone; it is not a service you enrol in or deal with directly. Our Privacy Policy sets out what is transferred, what is returned, what we retain, and how to bring the transfers to an end. Removing an identifier from monitoring ends every subsequent monitoring check against it; the check we perform on your account email address while your subscription is not active is separate from monitoring and ends when your subscription becomes active.
Results are drawn from a third-party database that ReSafe neither compiles nor is able to audit. A result is a report of what that database holds and not a warranty that your information has or has not been exposed: an absence of findings does not establish that you are unaffected, and a finding does not establish that any account of yours has been accessed.
8. Availability
The availability of the Services depends on communication networks, software, hardware, third-party providers, and factors outside our control.
While ReSafe makes its best commercial efforts to keep the Services available, you acknowledge and agree that the Services may be interrupted from time to time because of errors, maintenance, upgrades, or failures of infrastructure we do not operate, and that you will have no claim against ReSafe in respect of such interruptions.
9. Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
ReSafe and its affiliates make no representation regarding the usability, accuracy, quality, reliability, or effectiveness of the Services. In particular, we do not warrant that the Services will identify every malicious or fraudulent site, message, or actor, that warnings will always be correct, that the Services will operate securely, without interruption, or free of error, or that they will be delivered free of viruses.
The Services provide a general indication of risk. They are not a substitute for your own judgment, for keeping your software up to date, or for other security measures, and they do not provide complete protection. You acknowledge that your use of the Services is entirely at your own risk.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
10. Limitation of Liability
To the fullest extent permitted by law, ReSafe will not be liable for any direct, indirect, incidental, special, consequential, multiple, or punitive damages, including loss of profits, business, income, goodwill, data, or anticipated savings, regardless of the basis of liability and even if we were advised of the possibility of such damages.
If ReSafe is nevertheless found liable, its aggregate liability shall in no event exceed the fees paid by you to ReSafe during the twelve (12) month period immediately preceding the date on which the cause of action arose.
Any action arising out of or relating to the Services must be brought within one (1) year after the cause of action accrues, failing which it is permanently barred.
You acknowledge that these limitations are an agreed allocation of risk between the parties and form an essential basis of the bargain, and that the fees charged reflect them. Nothing in these Terms excludes liability that cannot be excluded by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless ReSafe, its predecessors, successors, parent companies, subsidiaries, affiliates, officers, directors, employees, agents, and attorneys against any loss, damage, cost, expense, or claim, including reasonable legal fees, arising out of or in connection with:
- Your gross negligence or willful misconduct.
- Your use of the Services.
- Any data or content you submit to the Services.
- Your breach of these Terms.
- Your infringement of the intellectual property or other rights of a third party, or your violation of any law.
12. Amendments to These Terms
ReSafe may change these Terms at its sole discretion. Where a change is substantial, we will notify you on the website homepage, within the Services, or by email, and the change takes effect seven (7) days after that notice. Other changes take effect on the date shown at the top of this page.
Your continued use of the Services after a change takes effect constitutes your acceptance of the amended Terms. If you do not accept them, stop using the Services and cancel your subscription.
13. Dispute Resolution; Arbitration; Class Action Waiver
Binding individual arbitration
Except for claims that qualify for small claims court, any dispute between you and ReSafe arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration rather than in court. Arbitration is less formal than a lawsuit: it uses a neutral arbitrator, allows more limited discovery, and is subject to limited review, but the arbitrator applies the same substantive law and can award the same individual relief a court could, including punitive damages and attorneys' fees where available.
Waivers
You and ReSafe each waive the right to a trial by jury and the right to participate in a class action, class arbitration, consolidated proceeding, or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding, except that a claim for public injunctive relief may proceed as permitted by law.
Notice of dispute
Before commencing arbitration, you must send a written Notice of Dispute to support@resafe.io with the subject line "LEGAL NOTICE", describing the nature and basis of the claim and the relief sought. If the dispute is not resolved within thirty (30) days of that notice, either party may begin arbitration or, where eligible, a small claims proceeding.
Arbitration procedure and fees
Arbitration is administered under the Commercial Arbitration Rules of the American Arbitration Association ("AAA Rules"), as modified by these Terms. Hearings take place in a location convenient to both parties. For claims of $10,000 or less, you may choose whether the arbitration proceeds on documents only, by telephone or video, or in person; larger claims follow the AAA Rules. The arbitrator issues a reasoned written decision.
Arbitration fees are allocated under the AAA Rules. Where the rules do not allocate them, the parties bear them equally, unless you demonstrate that you cannot afford your share or that the cost would be prohibitive compared with litigation, in which case we will pay the portion the arbitrator considers necessary to keep the arbitration accessible. Settlement offers made during arbitration remain confidential and may not be disclosed to the arbitrator until an award is issued.
Severability of this section
If any part of this arbitration agreement is found unenforceable, the entire arbitration agreement is void, except that if only the provision barring claims for public injunctive relief is found unenforceable, that provision alone is severed and the remainder stands.
14. Term and Termination
These Terms take effect when you complete a subscription or first access the Services, and continue until you stop using the Services or the agreement is terminated.
ReSafe may terminate these Terms and your access immediately if you breach them, if the law requires it, or if continuing to provide the Services becomes commercially unviable, and may otherwise cancel the Services at any time, with or without notice.
You may cancel at any time from your account settings or by contacting support@resafe.io. Cancellation stops future renewals, and your subscription remains active until the end of the period you have already paid for. Whether fees already paid are refunded is governed by our Refund Policy at https://resafe.io/refunds/.
On termination, your right to use the Services ends immediately. We handle any data associated with your account as described in our Privacy Policy.
15. Apps Obtained Through the Apple App Store
This section applies where you obtained the ReSafe application from the Apple App Store. Where it conflicts with anything else in these Terms, this section governs for that copy of the application.
- These Terms are between you and ReSafe Ltd. alone, and not with Apple Inc. ("Apple"). ReSafe, not Apple, is solely responsible for the application and its content.
- Your licence to the application is a non-transferable licence to use it on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
- ReSafe is solely responsible for providing maintenance and support for the application. Apple has no obligation whatsoever to furnish any maintenance or support services for it.
- ReSafe is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to it.
- ReSafe, and not Apple, is responsible for addressing any claim by you or a third party relating to the application or your possession and use of it, including product liability claims, any claim that the application fails to conform to a legal or regulatory requirement, and any claim arising under consumer protection, privacy, or similar legislation.
- In the event of a third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights, ReSafe, and not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
- You represent and warrant that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
- Questions, complaints, and claims about the application should be directed to ReSafe Ltd. at support@resafe.io.
- You must comply with any applicable third-party terms of agreement when using the application.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple will have the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary of them.
16. General Terms
These Terms, together with the Privacy Policy and any Order Form, constitute the entire agreement between you and ReSafe in respect of the Services, and supersede all prior agreements, proposals, and understandings.
The sections concerning use restrictions, intellectual property, warranty disclaimer, limitation of liability, indemnification, dispute resolution, and these general terms survive termination, together with any other provision intended by its nature to survive.
If a provision is held unenforceable, it is severed and the remaining provisions continue in full force. A failure to enforce a provision, or a waiver of one breach, is not a waiver of any other breach or of the provision itself.
You may not assign these Terms without our prior written consent. ReSafe may assign them in connection with a merger, acquisition, or sale of assets.
These Terms are governed by the laws of the State of Israel, without regard to its conflict-of-law rules. Subject to the Dispute Resolution section, the competent courts of Tel Aviv-Jaffa have exclusive jurisdiction over any dispute.
These Terms prevail over any contradictory content published within the Services, and a printed version of them is admissible in judicial or administrative proceedings.
Questions about these Terms, our Privacy Policy, or the Services generally all go to support@resafe.io.
