TERMS AND CONDITIONS

Welcome to GetSafeNow!

GetSafeNow is owned and operated by Get Safe Now LLC.

These are the terms and conditions for:

The following terms and conditions apply to your use of the GetSafeNow platform and the services available on the platform. By using the platform, you agree to these terms and conditions and our privacy policy.

In these terms and conditions, the words "platform" refers to the GetSafeNow mobile application and the GetSafeNow website together, unless referred to individually in the document, "we", "us", "our", and "GetSafeNow", refers to GetSafeNow, and "you", and "user", refers to you, the GetSafeNow user.  

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE SERVICES AND FUNCTIONALITIES AVAILABLE ON THE PLATFORM.

1. ACCEPTANCE OF TERMS

By using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our services and our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modifications to these terms and conditions when you use GetSafeNow following the posting of such modification; therefore, it is important that you review this agreement regularly.

By using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS

By providing your email address to GetSafeNow, you agree that we may use your email address to send you notifications about GetSafeNow. We may also use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving notifications and mailings about updates, news or special content.

3. ENCRYPTED MESSAGING SERVICES

GetSafeNow offers encrypted messaging services that ensure the privacy and security of user communications. We use end-to-end encryption for all messages sent through our platform, ensuring that only the sender and receiver can access the content of messages. Messages are encrypted on the user's device and only decrypted on the recipient's device. No intermediary, including GetSafeNow, can read or alter messages in transit.

Encrypted messages are processed and stored on GetSafeNow's servers. However, due to our end-to-end encryption implementation, we do not have access to the content of the messages. This ensures that users' privacy is maintained at all times, as even GetSafeNow cannot decrypt messages stored on our servers.

GetSafeNow features: 

  • Individual and Group Messaging: Users can enjoy secure messaging in both individual and group conversations. End-to-end encryption is applied to all communications, ensuring that all interactions are private and secure.
  • Privacy Features: Users can set chat rooms as public or invitation-only, providing additional control over who can join and participate in conversations.
  • Encrypted File Transfer: GetSafeNow allows users to send files up to 100 MB in size. All files are encrypted before leaving the user's device and remain encrypted until received and decrypted by the recipient.
  • Encrypted Voice Calls: Users can make one-to-one and group voice calls with crystal-clear clarity. These calls use end-to-end encryption and are made over wifi or a data connection, without using the user's carrier's voice service.
  • Encrypted Video Calls: GetSafeNow offers secure one-to-one and group video calls. All video calls are protected by end-to-end encryption, ensuring that video call content remains private.

4. LEGAL COMPLIANCE

In the event that GetSafeNow is legally required to disclose information, we will only provide the data that we are required to disclose and to the extent that we are technically able to do so without compromising the security and privacy of our users. In such cases, GetSafeNow undertakes to notify the affected users, as long as it is not prohibited by law. GetSafeNow never has access to your messages.

5. SUBSCRIPTIONS

The use of the platform is free of charge. The user will be able to use additional features of the platform through subscriptions. When a user starts a free account or purchases a subscription, GetSafeNow will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of payment (if applicable) and the start of the subscription. If the user does not receive the email confirming the purchase (if applicable) and the start of the subscription, it is possible that it has been sent to your spam folder.

Subscriptions include automatic billing payments. You authorize GetSafeNow to renew your subscription and to charge you periodically and progressively on each billing date. The subscription billing date is the date on which you purchase the subscription and make the first payment. On the corresponding billing date, you will automatically be charged the corresponding subscription fee. The subscription will remain active until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill you for the subscription billing fee in the payment method you choose during registration and subscription purchase.

Subscriptions will automatically renew for an additional period unless cancelled prior to the next billing period. To cancel subscriptions, users must submit a cancellation request through our mobile app and the subscription will be cancelled for the next billing period. If a subscription is cancelled, the user may continue to use the paid features for the subscription until the next billing period, at which time the subscription and access to the website payment features will be cancelled.

GetSafeNow may change or discontinue the availability of subscriptions at any time at its sole discretion. If a subscription purchase is cancelled, the payment made for the subscription will be refunded for the applicable billing period. This does not affect your statutory rights.

6. PAYMENTS

Users will be able to pay for subscriptions through the following payment methods:

  • Credit/debit card (Visa, Mastercard, Discover, Amex, Diners, etc.)

Payment for the subscription will be charged to your credit or debit card upon completion of the payment and subscription registration process. The subscription will be activated once the payment process is completed and the user will have access to the additional functionalities immediately. The subscription will be charged on each billing date automatically. Once the transaction is processed, we will send an electronic receipt to the user's email address.

If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment processor.

If your card is declined, you will receive an error message. All payment are handled via our payment processor Stripe (www.stripe.com) and we never have access to your payment information.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

Your payment details will be treated and retained securely by our payment processor and for the sole purpose of processing the purchase of the subscriptions. GetSafeNow reserves the right to engage any payment processor available.

7. RESTRICTIONS ON USE

Use of the GetSafeNow platform is subject to the following restrictions:

  1. Prohibited to use the services for any illegal, fraudulent, abusive or harmful purpose.
  2. Prohibited to distribute malware, viruses, spyware or other malicious software.
  3. You may not harass, intimidate, threaten, defame or violate the privacy of others.
  4. No content that incites hatred, violence, discrimination or other inappropriate behavior.
  5. Prohibited from sending spam, unsolicited advertising, unauthorized bulk messages or commercial communications without consent.
  6. You may not engage in phishing, impersonation or other fraudulent activity.
  7. You may not attempt to gain unauthorized access to other users' accounts, systems or data.
  8. You may not violate the security, integrity or availability of the services, including hacking or reverse engineering.
  9. You may not distribute content protected by copyright, trademarks or other intellectual property without authorization.
  10. Prohibited to distribute music, videos, software or other materials that infringe the intellectual property rights of third parties.
  11. Prohibited from coordinating or participating in illegal activities such as drug trafficking, human trafficking, terrorism, child exploitation or other criminal activities.
  12. An individual is allowed to have only one account regardless of whether it is paid or free.

GetSafeNow reserves the right to investigate and take appropriate action, which may include suspension or termination of the user's account and cooperation with legal authorities, in response to any violation of these terms and conditions. Failure to comply with these restrictions may result in restriction of access to GetSafeNow services, as well as possible legal action.

Your continued use of the GetSafeNow platform constitutes your acceptance of and compliance with these restrictions. Any attempt to circumvent these prohibitions through the use of advanced techniques or anonymity tools will be considered a violation of these terms and conditions and will be dealt with accordingly.

8. LIMITATION OF LIABILITY

GetSafeNow does not guarantee that encrypted messaging services will be available in an uninterrupted, secure or error-free manner at all times. While we strive to maintain the security and privacy of our users' communications through the use of advanced end-to-end encryption technologies, we cannot guarantee the absolute invulnerability of our system against possible attacks, technical failures or other unforeseen threats.

Use of GetSafeNow is at the user's own risk. To the maximum extent permitted by applicable law, GetSafeNow shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, loss of profits, revenue, data, use, goodwill or other intangible losses, resulting from (i) the use or inability to use the services; (ii) any unauthorized access to or use of our servers and/or any personal information stored thereon; (iii) any interruption or cessation of stream to or from our services; (iv) any bugs, viruses, Trojan horses or the like that may be transmitted through our services by any third party; (v) any content or conduct of any third party on the platform; and (vi) any other matter related to GetSafeNow's services.

GetSafeNow assumes no responsibility or liability for any content sent and received through our platform. Users are responsible for their own communications and any harm resulting from their activities on the platform. GetSafeNow has no control over or responsibility for the accuracy, quality, integrity or legality of any user-generated content.

While we implement security measures to protect the confidentiality and integrity of user communications, users are also responsible for maintaining the security of their devices and for taking additional precautions to protect their personal information and communications. GetSafeNow shall not be liable for any unauthorized access to users' accounts due to user's negligence in securing their device or login credentials.

In the event that any jurisdiction does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, GetSafeNow's liability shall be limited to the greatest extent permitted by applicable law. This limitation of liability shall apply regardless of whether the damages result from breach of agreement, breach of warranty, negligence or any other legal or equitable theory.

Users agree to indemnify, defend and hold GetSafeNow and its subsidiaries, affiliates, officers, directors, agents, employees, advertisers, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) content that users submit, post, transmit or otherwise make available via the services; (ii) use of the services; (iii) connection to the services; (iv) violation of the terms and conditions; or (v) violation of any third party rights.

Your continued use of the GetSafeNow platform constitutes your acceptance of these limitations of liability. GetSafeNow reserves the right to modify this limitation of liability clause at any time, and any significant changes will be notified to users through the platform or by other appropriate means of communication. Continued use of GetSafeNow's services after notification of changes shall constitute acceptance of such changes by the user.

9. LICENSE TO USE THE PLATFORM

GetSafeNow grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the GetSafeNow platform and downloadable through the App Store, Google Play, or other locations and Services free of charge, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions and copies, if any. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms.

The user agrees not to use the platform negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the GetSafeNow platform or third parties.

GetSafeNow reserves the right to terminate your access immediately, with or without notice, and without liability to you, if GetSafeNow believes that you have violated any provision contained in these terms.

10. COPYRIGHT

All the content available on the platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by GetSafeNow or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on GetSafeNow are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without GetSafeNow prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize GetSafeNow or any part of the material for any purpose other than its intended purposes is strictly prohibited.

11. COPYRIGHT INFRINGEMENT

GetSafeNow will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). GetSafeNow respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:  

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement specifically identifying the location of the infringing material.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

At no time does GetSafeNow have access to users’ encrypted messages.

12. PROHIBITED ACTIVITIES

The following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the services for any purpose without our express written permission.
  • "Frame", "mirror" or otherwise incorporate any part of the platform into any other platform or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program used by GetSafeNow except as allowed by license.
  • Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.

13. DISCLAIMER OF WARRANTIES

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse GetSafeNow for any loss or damage caused as a result.

GetSafeNow shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.

Subject as aforesaid, to the maximum extent permitted by law, GetSafeNow excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to GetSafeNow and GetSafeNow shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the platform.
  • The infringement by any person of any Intellectual property rights of any third party caused by their use of the platform.
  • Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from GetSafeNow.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

14. ELECTRONIC COMMUNICATIONS

GetSafeNow will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorized human acts, including any errors or mistakes.

15. INDEMNIFICATION

You agree to defend and indemnify GetSafeNow from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the GetSafeNow platform.

16. CHANGES

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.

17. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by GetSafeNow, shall constitute the entire agreement between you and GetSafeNow concerning and governs your use of the platform.

18. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

19. FORCE MAJEURE

GetSafeNow shall not be liable for any failure due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

20. TERMINATION

Both the user and GetSafeNow acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, GetSafeNow reserves the right to unilaterally terminate the user's access to and use of the platform. GetSafeNow may take this action without prior notice, and the user will automatically lose all rights to access and use the platform. Furthermore, GetSafeNow shall not be liable for any loss of data or information associated with the user's account.

In case of non-compliance by GetSafeNow: If GetSafeNow fails to comply with its obligations under the agreed terms and conditions, the user shall be entitled to terminate the agreement and stop using the platform. The user shall notify GetSafeNow in writing of the breach and allow a reasonable time for GetSafeNow to remedy the situation. If GetSafeNow does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.  

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

21. DISPUTES

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, enforcement, interpretation or validity, as well as any aspect of the use of the platform, shall preferably be resolved by binding arbitration between you and GetSafeNow. However, the right of both parties to bring individual claims before a court of competent jurisdiction if deemed necessary remains.

In the event of any dispute arising in connection with the use of the platform or breach of these terms and conditions, both parties agree to seek a solution through an arbitration process. This process will be carried out before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the platform. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over collective proceedings.

22. GOVERNING LAW AND JURISDICTION

Although the platform and services will be available internationally, these terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of (Wyoming). Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of (Wyoming). This applies unless binding arbitration is agreed to in the applicable section.

23. FINAL PROVISIONS

The use of our platform and the services offered by GetSafeNow is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or enforced.

Our commitment to the enforcement of these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including, but not limited to, those related to law enforcement and the use of our platform. Information provided or collected in connection with the use of the platform will be subject to these requirements.

In the event that any provision of these terms is held invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while maintaining the protection of and respect for our intellectual property rights and prerogatives at all times.

24. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us using the contact information below:

Get Safe Now LLC.

legal@getsafenow.app