Terms of Service
Only individuals thirteen (13) years of age or older may use Sayfe Service. If you are between the ages of thirteen (13) and eighteen (18) you must review these terms and conditions with your parent or legal guardian to ensure that your parent or legal guardian acknowledge and agree to these terms and conditions prior to using Sayfe Service. If your parent or legal guardian does not acknowledge and agree to these terms and conditions, you may not use Sayfe.
“Agreement” means these terms and conditions of use. These terms and conditions may be changed or modified at any time in Sayfe’s sole discretion. Any modification to these terms and conditions will become effective upon posting and continued use of Sayfe constitutes your acceptance of the Agreement as modified.
“Application” or “SayfeApp” means the encrypted messaging application using the name Sayfe including any information, text, graphics, or other materials uploaded, downloaded or appearing within the program or on the website(s) related thereto. SayfeApp is regularly evolving and its form and nature may change from time to time without prior notice to you. In addition, Sayfe may stop (permanently or temporarily) providing SayfeApp (or any features within SayfeApp) to you or to users generally and may not be able to provide you with prior notice. Sayfe retains the right to create limits on the use of SayfeApp in its sole discretion at any time without prior notice to you.
2. LIMITED LICENSE
Sayfe grants you a limited, revocable, nonexclusive nontransferable license to use SayfeApp for your own personal use as set forth herein on a device that you own or control.This license does not grant you the right to use SayfeApp on a device that you do not own or control, and you may not distribute or make SayfeApp available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense SayfeApp. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of SayfeApp, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with SayfeApp). Any attempt to do so is a violation of this Agreement. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by SayfeApp that replace and/or supplement the original verision of SayfeApp, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Use of SayfeApp beyond the scope of authorized access granted to you by Sayfe immediately and automatically terminates said permission or license. Upon termination you must uninstall and cease using SayfeApp and destroy any downloaded materials in your possession whether in electronic or printed format.
You acknowledge that Sayfe may establish limits concerning use of SayfeApp. Sayfe reserves the right to change content options (including eligibility for particular features) without notice. You acknowledge that Sayfe reserves the right at any time to modify or discontinue SayfeApp (or any part thereof) with or without notice, and that Sayfe shall not be liable to you or to any third party for any modification, suspension or discontinuance of SayfeApp.
3. SAYFEAPP ACCESS
In order to access and use the features of the Service, you acknowledge and agree that you will have to provide SayfeApp with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, SayfeApp may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to SayfeApp to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers, from your contact list/address book. You are solely responsible for the name, profile picture, and the status messages that you submit and that are displayed for your mobile phone number on the Sayfe Service. You must notify Sayfe immediately of any breach of security or unauthorized use of your mobile phone. Although Sayfe will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sayfe or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Sayfe servers in a given period of time than a human can reasonably produce in the same period by using a SayfeApp application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Sayfe grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Sayfe reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by SayfeApp clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. YOUR USE OF SAYFE SERVICE
You are entirely responsible for the manner in which you use SayfeApp. You will not provide any false personal information or create an account for anyone other than yourself. You represent and warrant that you are age eighteen (18) or older or if you are between the ages of thirteen (13) and eighteen (18) you and your parent or guardian warrant that you and your parent or guarding have read and approved the terms and conditions of this Agreement. You will keep your contact information, if relevant, accurate and up-to-date and will not share your password, if applicable, or let anyone else access your account.
You will not use Sayfe’s copyrights or trademarks (including but not limited to Sayfe and the Sayfe logos) or any confusingly similar marks without the express written permission of Sayfe.
In using Sayfe Service or Website you may establish a password. In such an event, you are responsible for safeguarding the password that you use to access Sayfe Service or Site and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
You agree that SayfeApp includes security technology that limits your use of SayfeApp and that, whether or not SayfeApp is limited by security technology, you shall use SayfeApp in compliance with the applicable usage rules (“Usage Rules”) established by Sayfe and that any other use of SayfeApp may constitute a copyright infringement. Any security technology is an inseparable part of SayfeApp. Sayfe reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Sayfe for compliance purposes, and Sayfe reserves the right to enforce the Usage Rules without notice to you. You agree not to access SayfeApp by any means other than through software that is provided by Sayfe for accessing Sayfe Service. You shall not access or attempt to access an account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to Sayfe Service. Violations of system or network security may result in civil or criminal liability.
You agree not to use Sayfe Service any way that violates any laws, third party rights or this Agreement or encourages anyone to do so; is harmful to minors in any way or solicits or attempts to solicit personal information from anyone under the age of eighteen (18); is patently offensive or promotes, incites or advocates violence of any kind; is illegally pornographic, contains illegal nudity, illegally depicts a human being engaged in sexual conduct, uses illegal sexually suggestive imagery, or contains a link to an adult website; harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, sexual orientation or identity or disability or that advocates such actions; stalks or otherwise harasses anyone; furthers or promotes a criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, gambling, prostitution, drug dealing, making or buying illegal weapons or incendiary devices, violating someone’s privacy, or providing or creating computer viruses or other harmful files; is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; impersonates any person or entity, including, but not limited to, a Sayfe employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; attempts to gain unauthorized access to Sayfe’s computer systems or the technical delivery systems of Sayfe’s providers or engages in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of Sayfe Service; circumvents or modifies any security technology or software or authentication measures that are part of Sayfe Service or probes, scans, or tests the vulnerability of any system or network used by Sayfe; reproduces, modifies, or creates derivative works from or redistributes SayfeApp; copies or reproduces SayfeApp or any portion thereof to any other server or location for further reproduction or redistribution without the express written consent of Sayfe; decompiles, disassembles, reverse engineers or otherwise attempts to discover any source code contained in SayfeApp; reproduces, duplicates, copies, sells, resells or exploits for any commercial purposes, any aspect of Sayfe Service; or transfers any of your rights or obligations under this Agreement to anyone else without the express written consent of Sayfe.
Sayfe appreciates your feedback or other suggestions about Sayfe Service, but you understand and agree that Sayfe may use such feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
You may not use or otherwise export or re-export SayfeApp except as authorized by United States law and the laws of the jurisdiction in which SayfeApp was obtained. In particular, but without limitation, Sayfe Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using Sayfe Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
SayfeApp and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.
5. THIRD PARTIES AND SERVICES
Sayfe may enable access to Sayfe’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service.
These Terms of Service apply to all users of the Sayfe Service. Information provided by our users through the Sayfe Service may contain links to third party websites that are not owned or controlled by Sayfe. Sayfe has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Sayfe will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Sayfe shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Sayfe shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Sayfe is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Sayfe does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Sayfe, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Sayfe is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. Sayfe makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Sayfe, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Sayfe be liable for the removal of or disabling of access to any such Services. Sayfe may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
You acknowledge that Sayfe reserves the right to charge for any enhancements or upgrades to Sayfe Service and to change its fees, if any, from time to time in its sole discretion.
7. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
The design of the Sayfe Service along with Sayfe created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Sayfe, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Sayfe reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.
Sayfe is protected to the maximum extent permitted by copyright laws and international treaties. All right, title, and interest in and to Sayfe Service will remain the exclusive property of Sayfe. Nothing in this Agreement gives you a right to use the Sayfe name or any of Sayfe’s trademarks, logos, domain names, and other distinctive brand features. Any reproduction, modification, creation of derivative works from or redistribution of Sayfe and/or copying or reproducing any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Sayfe. You agree to abide by any and all copyright notices displayed on SayfeApp and other Sayfe sites and services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in SayfeApp.
All of Sayfe’s rights and obligations under this Agreement are freely assignable by Sayfe in connection with a merger, acquisition, or sale of assets or by operation of law or otherwise.
8. USER STATUS SUBMISSIONS
The Sayfe Service allows SayfeApp users to submit status text, profile photos, profile name and other communications submitted by you, (collectively, the "Status Submissions"). These Status Submissions may be hosted, shared, and/or published as part of the Sayfe Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone. For clarity, direct messages and photos or files that you send directly to other SayfeApp users will only be viewable by those SayfeApp user(s) or group(s) you directly send such information; but Status Submissions may be globally viewed by SayfeApp users that have your mobile phone number on their smartphone. Currently, we have no method of providing different levels of visibility of your Status Submissions among users that have your mobile phone number – you acknowledge and agree that any Status Submissions may be globally viewed by users that have your mobile phone number, so don’t submit or post status messages or profile photos that you don’t want to be seen globally. A good rule of thumb is if you don’t want the whole world to know something or see something, don’t submit it as a Status Submission to the Service. As clarified in the following section, you retain your ownership rights in your Status Submissions. You understand that whether or not such Status Submissions are published, Sayfe does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own Status Submissions and the consequences of posting or publishing them. Because Sayfe is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Sayfe, and Sayfe makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sayfe to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Status Submissions, but you have to have the rights in the first place. However, by submitting the Status Submissions to Sayfe Service, you hereby grant Sayfe a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the Sayfe Service and Sayfe's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Sayfe Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Sayfe Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the Sayfe Service.
In connection with Status Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sayfe all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Sayfe or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
Sayfe does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and Sayfe expressly disclaims any and all liability in connection with Status Submissions. Sayfe does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Sayfe will remove all content and Status Submissions if properly notified that such content or Status Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the SayfeApp user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at sayfeapp.com. Sayfe reserves the right to remove content and Status Submissions without prior notice. Sayfe may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Sayfe employees or agents. Sayfe also reserves the right to decide whether content or a Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Sayfe may remove such Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand that when using the Sayfe Service you will be exposed to Status Submissions from a variety of sources, and that Sayfe is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions, and that such Status Submissions are not the responsibility of Sayfe. You further understand and acknowledge that you may be exposed to Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sayfe with respect thereto, and agree to indemnify and hold Sayfe, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Sayfe Service.
Sayfe permits you to link to materials on the Service for personal purposes only.
The license granted hereunder is effective until terminated by you or Sayfe. Your rights under this license will terminate automatically without notice from Sayfe if you fail to comply with any term(s) of this Agreement. Upon termination, you shall stop using Sayfe Service and uninstall and cease all use of SayfeApp, and destroy all copies, full or partial, of SayfeApp in your possession or under your control.
If you do not abide by this Agreement, or are not satisfied by Sayfe Service in any way, your only course of action is to discontinue the use of Sayfe Service immediately.
You agree that Sayfe, in its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise limit or terminate your access to or use of Sayfe (or any part thereof), immediately and without notice for any reason, including, without limitation, if Sayfe believes that you have acted inconsistently with the letter or spirit of this Agreement.
Sayfe has full rights to enforce this Agreement through active investigation, self-help, litigation and prosecution. If you do not abide by this Agreement or engage in any activity prohibited by this Agreement, Sayfe in its sole discretion may not only terminate your participation in and access to Sayfe Service but also report any of your activity to law enforcement authorities.
You agree that Sayfe shall not be liable to you or any third-party for any termination of your access to Sayfe. Furthermore, you agree not to attempt to use Sayfe Service after termination.
Sections 2, 3, 4, 5, 7, 8, 10, 11, 12, 13, and 14 of this Agreement shall survive the termination of the Agreement.
10 . WARRANTY DISCLAIMER
YOU AGREE THAT USE OF SAYFE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SAYFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SAYFE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS AND SAYFE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SAYFE SERVICE. SAYFE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SAYFE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND SAYFE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SAYFE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAYFE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, SAYFE WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAYFE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD SAYFE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
The materials, if any, appearing on Sayfe’s web site could include technical, typographical, or photographic errors. Sayfe does not warrant that any of the materials on its web site are accurate, complete, or current. Sayfe may make changes to the materials contained on its web site at any time without notice.; however, Sayfe does not make any commitment to update the materials.
TO THE FULLEST EXTENT PERMITTED BY LAW, SAYFE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SAYFE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Regardless of the other provisions of this section, if Sayfe is found to be liable to you or to any third party, such liability is limited to the greater of (a) the total fees actually paid by you to Sayfe in the twelve (12) months prior to the action giving rise to the liability or (b) ten dollars ($ 10).
11 . LIMITATION OF LIABILITY
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
In no event shall Sayfe’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
The Service is controlled and offered by Sayfe from its facilities in the United States of America. Sayfe makes no representations that the Sayfe Service is appropriate or available for use in other locations. Those who access or use the Sayfe Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Sayfe, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Sayfe Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Sayfe Service.
You agree to indemnify and hold Sayfe, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of Sayfe Service, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sayfe without restriction.
Sayfe reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Sayfe Service. Your continued use of the Sayfe Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
The failure of Sayfe to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, invalid, or unenforceable the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except as explicitly stated otherwise, legal notices shall be served on Sayfe’s national registered agent (in the case of Sayfe) at MAG Technologies LLC, 1201 Orange St Ste 600 One Commerce Center, Wilmington, DE 19899, or to the email address or phone number you provided to Sayfe (in your case). Notice to you shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, legal notice may be given to you by mail to the address that you provided to Sayfe and in such case notice shall be deemed given three (3) days after the date of mailing of the notice.
You agree that Sayfe’s service providers, licensors, or others involved in creating or providing Sayfe Service are third party beneficiaries to this Agreement and may rely upon the provisions of this Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability. YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
MAG Technologies LLC is the developer of the Sayfe Service, with a physical address of 211 N. Ervay Street, 9th Floor, Dallas, TX 75201 USA.