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Terms of Service

UPDATED APRIL 14, 2025

Terms of Service

IMPORTANT NOTICE: THESE TERMS OF SERVICE (“TERMS”) CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIAL AND CLASS GOVERNING DISPUTES ARISING FROM USE OF THE SAFEGUARD GLOBAL WEBSITE AND SERVICES. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION SECTION. PLEASE READ CAREFULLY.

1. Overview

Please read these Terms of Service (“Terms”) carefully. By accessing the Safeguard Global Platform, you agree to be bound by these Terms (whether on behalf of yourself or a business you represent).

These govern your access to and use of the Safeguard World International Ltd.’s d/b/a Safeguard Global and its group companies, affiliates, successors, and assigns (collectively, “Safeguard Global,” “us” or “we”) the Safeguard Global Platform and any other Safeguard Global products or services (the “Platform” and collectively “Service”). These Terms hereby incorporates by this reference any additional terms and conditions governing the services provided by Safeguard Global, or posted by Safeguard Global through the Service, or otherwise made available to you by Safeguard Global.

If you are an individual accessing or using the Service on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of such Organization, and you represent and warrant that you have the legal right and authority to bind such Organization to these Terms. References to “you,” “your” or “Customer” in these Terms will refer to that Organization for purposes of these Terms.

BY ACCESSING, USING OR DOWNLOADING FROM THE PLATFORM, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE PLATFORM IMMEDIATELY.

2. Platform Access and Use

2.1. Eligibility to Use. You represent and warrant that you are: (a) of legal age (18 years of age or older or otherwise of legal age in your resident jurisdiction) and competent to agree to these Terms on behalf of yourself and your Organization; and (b) your use of the Service is not prohibited under applicable law. You may not access or use the Service for any purpose if either of the conditions preceding this sentence is not true.

**2.2 Permitted Use. ** Subject to these Terms, and solely for so long as you are permitted by Safeguard Global to use the Service, we hereby grant you a non-exclusive, revocable right to use the Platform and/or Service solely for your internal business purposes.

2.3 Updates. We may revise these Terms, including changing, deleting, or supplementing with additional terms and conditions from time to time in our sole discretion, including to reflect changes in applicable law. You agree that we will not be liable to you or any third party for any revision to these Terms.

2.4 Modification or Discontinuation of Services. We may add, modify or discontinue any feature, functionality or any other tool within any Services, in our sole discretion and without notice. In the event we make any material adverse change in the core functionality of the Services, we will notify you by posting an announcement on the Platform and update the “Last Updated” date at the top of this page. Any such changes will become effective immediately following your log in to you

2.5 No Professional Advice. You acknowledge and agree that Safeguard Global is not a lawyer, accountant or tax advisor, and accordingly, does not provide legal, financial, tax or other professional advice. You understand that you are responsible for any actions taken based upon information received from Safeguard Global, and where professional advice is necessary, you should seek independent advice from a person who is licensed or qualified in the applicable area.

3. Data and Privacy

You are solely responsible for the data and information that you provide or use in respect of the Service (“Customer Data”), including compliance with any regulations, laws or conventions applicable to such Customer Data and use. You are further responsible for obtaining any necessary right and licenses for use of the Customer Data by you and Safeguard Global, as contemplated by these Terms. You represent and warrant that you have the necessary rights, licenses, consents, permissions, waivers and releases to use, make available and distribute the Customer Data in connection with your use of the Service. By providing Customer Data to Safeguard Global, you hereby grant Safeguard Global a worldwide, royalty-free, fully paid-up, non-exclusive, transferable and fully sub-licensable license to copy, display (publicly or otherwise), upload, distribute, store, display, create derivative works of, modify and otherwise use, analyze and exploit your Customer Data, in any format or media now known or hereafter developed, as necessary to perform and fulfill its obligations hereunder, including to provide the Service to you. You acknowledge your understanding and hereby provide your consent to Safeguard Global’s processing of your Customer Data in accordance with the Safeguard Global Privacy Policy.

4. Use Restrictions

By using the Service, you agree not to, and not permit others to, engage in any activity or transmit any information that, in our sole discretion:

  • Is illegal, or violates any federal, state, provincial, or local law or regulation;
  • Advocates illegal activity or discusses illegal activities with the intent to commit them;
  • Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property right;
  • Interferes with any other party’s use and enjoyment of the Service;
  • Attempts to impersonate another person or entity;
  • Falsely states, misrepresents, or conceals your affiliation with another person or entity;
  • Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software of hardware or electronic communication;
  • Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Service, or the servers or networks connected to the Service, or any of part of the Service;
  • Decomplies, reverse engineers, dissaembles, or otherwise attempts to derive source code from the Service, except as expressly permitted in these Terms or by applicable law, unless and then only to the extent permitted bby applicable law without consent;

5. User Management Account Administration; Authorizations.

5.1 Right to Use the Service. Subject to these Terms, you have a limited non-exclusive, non-transferrable right and license during the Term, to (a) use the Service; (b) implement, configure, and through its Account Administrator(s), permit your Authorized Users to access and use the Service; and (c) access and use the Documentation, solely for (x) your internal business purpose, (y) and in accordance with any additional terms and conditions provided by us from time to time governing the use of the Service, and (z) in accordance with the Documentation we publish or otherwise provide to support your use of the Service. Any violation by you of the license provisions contained in this Section may result in immediate termination of your right to use the Service.

5.2 Customer Responsibilities. You are solely responsible for: (a) all use of the Service associated with your Account; (b) maintaining the confidentiality of your Account username and password(s); (c) immediately notifying Safeguard Global of any unauthorized use of your Account of which you become aware; and (d) using the Service for lawful purposes only and subject to these Terms. You agree that Safeguard Global will not be liable for any losses incurred as a result of a third party’s use of your Account, regardless of whether such use is with or without your knowledge or consent.

5.3 Accuracy of Information. The Service will be based upon information provided to Safeguard Global by you, including your employees, contractors, authorized representatives, or agents, and accordingly you agree to provide complete and accurate information as requested on the account registration form, and to update such information from time to time to ensure it is complete and accurate. You acknowledge that Safeguard Global is entitled to rely on the information provided by you or your Authorized Users and that Safeguard Global does not have an obligation to independently verify, correct, update or otherwise ensure the accuracy or quality such information.

5.4 Account Administrator. You may assign and expressly authorize an Authorized User(s) as agents of the Organization to manage your Account, and which management of your Account includes, without limitation, configuring administration settings, assigning access and use authorization, requesting different or additional services, accepting notices, disclosures, and terms and conditions (“Account Administrator”). You must appoint an employee, agent or third-party business party or contractor to act as the Account Administrator and may change the designation at any time through its Account.

5.5 Authorized Users. The Account Administrator will identify the Authorized User(s) by providing a unique email address.

6. Term and Termination

6.1 Term. These Terms are effective unless and until terminated by either Safeguard Gobal or you. You may terminate your use of the Services at any time by ceasing further use of the Service.

6.2 Termination. If these Terms expire or are terminated for any reason: (a) any and all of your liabilities to Safeguard Global that have accrued before the effective date of the expiration or termination will survive; (b) licenses and use rights granted to you with respect to the Service and intellectual property will immediately terminate; (c) Safeguard Global’s obligation to provide any further services to you under these Terms will immediately terminate. Any other provisions that, by their nature, should survive termination of these Terms shall survive termination.

7. Proprietary Rights and Confidentiality

7.1 Safeguard Global’s Ownership Rights. As between the parties, all right, title, and interest in and to the Service, including and all copyright, patent, trade secret, trademark, moral, termination, authorship, rights of publicity, privacy and other intellectual property rights and proprietary rights whenever or wherever created and existing, shall remain vested in Safeguard Global. Safeguard Global and our logos, our product or service names, our slogans and the look and feel of the Service are trademarks of Safeguard Global and may not be copied, imitated or used, in whole or in part, except with express permission. All other trademarks, registered trademarks, product names and company names or logos made available through Service, if any, are the property of their respective owners. Except for the express rights granted hereunder, Safeguard Global also reserves all rights, title and interests in and to the Service and Safeguard Global’s Confidential Information.

7.2 Confidentiality.

7.2.1. Scope. “Confidential Information” means any business or technical information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) that is (a) designated by the Disclosing Party as proprietary or confidential, or (b) which reasonably should be understood to be proprietary or confidential due to its nature and the circumstances of its disclosure. Confidential Information does not include any information that: (i) was or becomes generally known to the public through no fault or breach of these Terms you; (ii) was rightfully in your possession at the time of disclosure without restriction on use or disclosure; (iii) was independently developed by you without use of our Confidential Information; or (iv) was rightfully obtained by you from a third party not under a duty of confidentiality and without restriction on use or disclosure.

7.2.2. Restricted Use and Nondisclosure. During and after the Term, with respect to Confidential Information a receiving party will: (a) use Confidential Information solely for the purpose for which it is provided; (b) not disclose such Confidential Information to a third party, except on a need-to-know basis to the disclosing party’s affiliates, attorneys, auditors, consultants, and service providers who are under confidentiality obligations at least as restrictive as those contained herein; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that the receiving party would protect its own Confidential Information of a similar nature.

7.2.3. Required Disclosure. If a receiving party is required by law to disclose the other party’s Confidential Information, the receiving party will give the other party prompt written notice before making the disclosure, unless prohibited from doing so by the legal or administrative process, and assist the other party in obtaining where reasonably available an order protecting the other party’s Confidential Information from public disclosure.

7.3. Feedback. Safeguard Global encourages you to provide suggestions, proposals, ideas, recommendations, or other feedback regarding improvements to the Service (“Feedback”). To the extent you provide Feedback, you grant to Safeguard Global a royalty-free, fully paid, sub-licensable, transferable, non-exclusive, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import, and otherwise exploit Feedback (including by incorporation of such feedback into the Safeguard Global Service) without restriction. For the avoidance of doubt, Feedback does not constitute your Confidential Information.

7.4 Third Party Materials.

8. Warranties and Disclaimers

THIS DISCLAIMER IS AN ESSENTIAL PART OF THESE TERMS.

YOU ACKNOWLEDGE THAT YOU ARE ACCESSING AND USING THE SERVICE AT YOUR SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, THE SERVICE ARE PROVIDED ON AN “AS IS” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM.

SAFEGUARD GLOBAL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION, WILL MEET YOUR REQUIREMENTS, IS FREE OF MALICIOUS CODE OR THAT IT IS FREE OF ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SERVICE.

YOU ARE ADVISED TO SAFEGUARD YOUR DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE AND/OR ACCOMPANYING MATERIALS.

TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.

9. Indemnification Obligations

You will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to, as applicable: (a) your access to and use of the Service; (b) violation of these Terms by you or; (c) infringement of any intellectual property or other right of any person or entity by you; or (d) the nature and substance of all documents, data, or other content uploaded by you to the Service.

Safeguard Global retains the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SAFEGUARD GLOBAL ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA OR INFORMATION), HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM YOUR USE OF THE SERVICE, THIS AGREEMENT, OR ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF SAFEGUARD GLOBALHAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT SAFEGUARD GLOBAL IS LIABLE TO YOU EXCEED THE GREATER OF (I) $100.00 OR (II) THE AMOUNTS PAID BY YOU TO SAFEGUARD GLOBAL IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF SAFEGUARD GLOBAL FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY SAFEGUARD GLOBAL’S GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY SAFEGUARD GLOBAL’S FRAUD OR FRAUDULENT MISREPRESENTATION.

11. General Terms

11.1 Interpretations. Any heading, caption or section title contained herein, and/or any explanation or summary columns, is provided only for convenience, and in no way alters and/or amend the provisions within the Terms nor shall it legally bind us in any way. These Terms are written in English, and translated into other languages for your convenience. If a translated (non-English) version of these Terms conflicts in any way with their English version, the provisions of the English version shall prevail.

11.2 Force Majeure. Neither Safeguard Global nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

11.3 Relationship of the Parties; No Third Party Beneficiaries. The parties are independent contractors. These Terms and the Services provided hereunder, do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to these Terms.

11.4 Notice. We shall use your contact details that we have in our records, in connection with providing you notices, subject to this Section 11.4. Our contact details for any notices are detailed below. You acknowledge notices that we provide you, in connection with these Terms and/or as otherwise related to the Services, shall be provided as follows: via the Services, including by posting on our Sites or posting in your account, text, in-app notification, e-mail, phone or first class, airmail, or overnight courier. You further acknowledge that an electronic notification satisfies any applicable legal notification requirements, including that such notification will be in writing. Any notice to you will be deemed given upon the earlier of: (i) receipt; or (ii) 24 hours of delivery. Notices to us shall be provided to Safeguard World International Limited., attn: Legal, at legalnotice@safeguardglobal.com

11.5 Assignment. These Terms, and any and all rights and obligations hereunder, may not be transferred or assigned by you without our written approval, provided that you may assign these Terms to your successor entity or person, resulting from a merger, acquisition, or sale of all or substantially all of your assets or voting rights, except for an assignment to a competitor of Safeguard Global, and provided that you provide us with prompt written notice of such assignment and the respective assignee agrees, in writing, to assume all of your obligations under these Terms. We may assign our rights and/or obligations hereunder and/or transfer ownership rights and title in the Services to a third party without your consent or prior notice to you. Subject to the foregoing conditions, these Terms shall bind and enure to the benefit of the parties, their respective successors, and permitted assigns. Any assignment not authorized under this Section 11.5 shall be null and void.

11.6. Severability. These Terms shall be enforced to the fullest extent permitted under applicable Law. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.

11.7. No Waiver. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

11.8. No Reliance. You acknowledge and agree that you do not rely on, and shall have no remedy in respect of, any statement, warranty and/or representation made (including whether innocently or negligently) by us or any other person on our behalf except as expressly set out in these Terms.