Terms of Service
1. Your Agreement to these Terms of Service These Be-Sfe Data Vault Terms of Service (these "Terms") serve as a binding agreement between a user ("you"/"your") of the Services (as defined below) and us (and our successors and assigns), and these Terms set forth the terms and conditions subject to which you may access and use Be-Sfe application, websites, products, services and other content offered by us (collectively, the "Services"). You agree that, by accessing or using the Services, you have read, understood and agreed to be bound by these Terms. If you do not agree to these Terms, please do not access or otherwise use any of the Services. Your access to and use of the Services is also subject to our Privacy Policy as well as any other additional guidelines or rules that are made available to you from time to time, the terms of which will be posted via our Services or otherwise notified to you and are incorporated herein by reference. By accessing or using the Services, you represent that you have the full legal capacity, and you are competent to enter into a binding agreement with us.
2. Changes of these Terms We may revise these Terms from time to time. We will use commercially reasonable efforts to notify you of any material changes to these Terms. However, you should look at these Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing or using the Services.
3. Who May Use the Services This application is available for all ages to use.
4. Your Privacy We respect and value your privacy. Please see our Privacy Policy regarding how we collect, use and process your personal information, and your rights and choices regarding your privacy. To ensure maximum privacy and maximum data protection, Be-Sfe never store and can never access user password. Due to this zero-knowledge policy, Be-Sfe is also unable to reset password or retrieve data if the password is forgotten.
5. Account Account and User ID The Application does not collect any Personal Information. There is no need for any Account and User ID.
6. Your Use of the Service Not all Services or features may be available in your jurisdiction. Different features may be available in different versions of the Services. Certain features are not available for users under a certain age. In order to use our Services, you are responsible for your own device and any charges incurred in connection therewith (e.g., Internet connection and data charges). If you are unsure what those charges may be, please consult with your service provider. We may from time to time update or modify our Services. You may be asked to update the Services manually. You understand that our Services may not operate properly or not be fully available to you, if you opt out of automatic updates or if you reject to make such updates. We reserve the right to discontinue or terminate our Services, in full or in part, permanently or otherwise, with or without notice to you. The Services are owned and operated by us, and we reserve all rights in the Services not expressly granted to you in these Terms.
7. Be-Sfe Content As between you and us, all audios, videos, images, text, graphics, software, music, trademarks, marks, designs, and other content, information and materials on our Services and the selection and arrangement thereof and all intellectual property rights in connection therewith ("Be-Sfe Content") are either owned by or licensed to us. We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use Be-Sfe Content solely for your personal and non-commercial use in accordance with the terms and conditions of these Terms. Unless expressly permitted by us, you shall not download, copy, reproduce, distribute, transmit, display, broadcast, license, sell, offer for sell or otherwise exploit Be-Sfe Content for any other purposes. We reserve all rights in Be-Sfe Content unless expressly licensed to you hereunder. You shall not use Be-Sfe Content, Third Party Content/Services (as defined below) or other materials made available as part of the Services for any purpose not expressly permitted by these Terms. Any such use will be deemed a breach of these Terms.
8. User Files The Services allow you to transmit (collectively, "Transmit" or "Transmission") your photos, documents, audios, videos, files, apps, materials, content, data and other information ("User Files") with your own cloud storage. User Files are not collected or stored by Be-Sfe. You represent that you are the owner or have obtained necessary rights, permissions or authorization to Transmit the User Files. We do not verify, censor or monitor the content of the User Files. Any Transmission of User Files is at your own risk.
9. User Content The Services may include comments or other interactive features by which you can upload, publish, submit, send or otherwise make available images, photos, comments and other information or content ("User Content") on the Services. User Content expressly excludes User Files. For the avoidance of doubt, if any User Content is Transmitted as a User File, the terms and conditions under Section 8 (User Files) would apply to the aforesaid Transmission. User Content is not collected or stored by Be-Sfe. You represent that you are the owner or have obtained necessary rights, permissions or authorization to Transmit the User Content. We do not verify, censor or monitor the content of the User Content. Any Transmission of User Content is at your own risk. You must at all times ensure that: (a) you are the owner or have obtained necessary rights, permissions or authorization of your User Content; (b) you have all necessary rights, permissions or authorization to grant us the rights as set out under these Terms; and (c) your User Content (and use of your User Content in accordance with these Terms) does not infringe on or violate any rights, title or interest, including intellectual property rights, of any person or otherwise contravene any applicable laws. You agree to pay for all royalties, fees, and any other monies owing any person by reason of exploitation of the User Content you make available on or through the Services in accordance with these Terms. You are solely responsible for your User Content, and we recommend that you keep a back-up copy of it at all times. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
10. Third Party Services By accessing or using the Services, you may access or use content, materials, products or services ("Third Party Content/Services") provided by third parties. In case that you access or use any Third Party Content/Services through the Services, you acknowledge and agree that (a) you are solely responsible for your access to or use of such Third Party Content/Services; (b) you shall be solely responsible for your reliance and other activities arising from or in connection with your access to or reliance on such Third Party Content/Services; (c) we have no control over the Third Party Content/Services, and we do not warrant, approve or endorse any Third Party Content/Services in any manner; (d) we are not responsible for the accuracy of Third Party Content/Services; (e) we do not guarantee the quality, reliability or suitability of any Third Party Content/Services; and (f) we have no liability to you for any damages or losses suffered as a result of or in connection with your access to or use of Third Party Content/Services. Your access or use of Third Party Content/Services is subject to the agreements or understandings between you and the third party directly, and certain third parties may require you to agree to additional terms and conditions for accessing or using such Third Party Content/Services. Such agreements, understandings, additional terms and conditions are solely between you and the applicable third party. We are not a party to your relationship with such third party, neither do we act as the agent of you or the third party. You acknowledge that we may, at our sole discretion, disable, suspend or remove the Third Party Content/Services from the Services in full or in part at any time without any liability to you. Advertising Content We may display or otherwise make available advertising, promotional or commercial content or activities ("Advertising Content") on our Services. You understand that Advertising Content is Third Party Content/Services and is provided for your information only. You agree that such Advertising Content may be displayed or made available on the Services in conjunction with your User Content.
11. Code of Conduct for Using the Services Your access to and use of the Services is subject to these Terms, all applicable laws and regulations and guidelines.
You agree and acknowledge that you will not:
- use the Services for any illegal or noncompliant purposes or violate applicable laws, regulations, rules, or guidelines;
-modify, alter, reverse engineer, duplicate, disassemble, decompile, transfer, copy, exchange or translate the Services or any elements therein or thereof without our prior written permission;
- use the Services to make profits or for any commercial or unauthorized purposes, such as sending advertising content or messages without our prior written permission;
- use any automated system, software, robot, spider, crawler, scraper or interface, or any other automatic device, software or process, whether operated by a third party or otherwise, to extract, monitor, copy or collect any data or information from the Services, or engage in any manual process to do the same;
- attempt to circumvent any technical measures we employ, or attempt to access parts or features of the Services that you are not authorized to access;
- make available the Services or any elements thereof as a part of any other product or service;
-probe, scan, or test the vulnerability of our Services or any system or network; intimidate or harass other users, promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- use or develop any third-party applications that interact with the Services or other users' content or information without our prior written consent;
-use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or take any acts that could affect, cause damage to or impair the provision of the Services;
- use the Services to host, display, upload, modify, publish, transmit, distribute, broadcast, store or otherwise make available any content, materials or information that: belong to another person and to which you do not have any right; may violate applicable laws or infringe upon a third party's rights, including without limitation copyright, trade mark or other intellectual property, privacy or proprietary rights; may encourage or provide direction for a violation of law, dangerous activities or self-harm; are harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harm minors in any way; deceive or mislead the addressee about the origin of such messages or communicate any information which is grossly offensive or menacing in nature; impersonate another person; would be considered, perceived or interpreted as obscene, indecent, pornographic, sexually explicit, libelous, maliciously false, inaccurate, misleading, offensive, deceptive, bullying, threatening, or abusive; would be considered, perceived or interpreted as threats, attacks, incitement to violence, hate speech, hateful behavior, discrimination, slurs, encouragement or facilitation of illegal and criminal activities, promotion or trade of regulated goods, frauds, scams, gambling, dangerous acts, harassment, sexual exploitation, impersonation, misinformation or fake engagement; contain viruses, Trojan horses, malicious code, worms, logic bombs software or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or at our sole discretion, is objectionable or may restrict or inhibit others from using the Services, or which may create a risk of loss, harm or damage to any person or property.
We may with or without notice to you (a) disable, suspend or terminate your Account or block or ban your access to the Services; and/or (b) remove or disable any of your User Content, at any time without any liability to you. Some of the reasons may include where we consider that you fail to comply with any of the provisions of these Terms or applicable laws and regulations, or activities occur under your Account which, at our sole discretion, would or might cause damage to or impair the Services or infringe on or violate any third-party rights.
12. Protection of Intellectual Property Rights We respect intellectual property rights and comply with applicable laws on protection of intellectual property. We sincerely ask you to do the same. You agree not to infringe upon intellectual property rights of any person while using the Services; otherwise we have the right to suspend or terminate your Account with us or your access to our Services. If you find anything on the Services infringing upon intellectual property rights which you own or control, you may notify us of such infringement at contactus@be-sfe.com.
13. Subscriptions The Be-Sfe Application is available to you for free. However, the Application is Ad-funded. In using the Application, you therefore agree to display of advertisement within the Application.
14. Backup of User Files and Content to User’s Cloud Storage The Application allows optional backup of User Files and User Content to User’s Google Drive or Apple iCloud online storage facilities. The use of these facilities are governed by Apple© and Google© terms and conditions. The User is solely responsible for the use of these facilities; Be-Sfe is absolved of any issues that may arise from the use of these facilities, including but not limited to the cost of usage, lost or corruption of data, etc.
15. Your Feedback By sending, submitting or otherwise making available any feedback, ideas, suggestions, documents, proposals or other materials ("Feedback") to us or our personnel, you irrevocably grant us a sublicensable, transferable, perpetual, universal and unlimited license to use, exploit or disclose such Feedback for any purpose in any manner without restriction and without any compensation or credit to you or any third parties, whether in whole or in part, and whether as provided or as modified. You also agree that we have no obligation to review, consider, use or implement your Feedback, and nor will we be required to treat your Feedback as confidential.
16. Indemnity YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, ASSIGNS AND SUCCESSORS AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AGENTS, PARTNERS, ADVISORS ("Be-Sfe") FROM AND AGAINST ANY CLAIM, PROCEEDING, LOSS, DAMAGE, LIABILITY, COST, DEMAND OR EXPENSE (INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES) OF ANY KIND ARISING OUT OF OR RELATED TO: (A) ANY OF YOUR ACT OR OMISSION; (B) YOUR BREACH OF THESE TERMS; (C) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION INFRINGEMENT ON ANY INTELLECTUAL PROPERTY, PROPRIETARY RIGHT OR TRADE SECRET, OR PRIVACY OF ANY PERSON OR ENTITY; OR (D) YOUR VIOLATION OF LAW OR CONTRACTUAL OBLIGATION AND ANY CLAIMS, DEMANDS, NOTICES IN CONNECTION THEREWITH.
17. Disclaimer NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ENTITLED TO AS A CONSUMER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, BE-SFE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR SUITABILITY FOR THE INTENDED USE, TITLE AND NON-INFRINGEMENT, OF THE SERVICES (INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN). IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR WILL BE SECURE, COMPLETE, RELIABLE, AVAILABLE OR ERROR-FREE; OR (III) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL TRANSMIT DATA IN A SECURE MANNER. ANY DOCUMENTS OR MATERIALS TRANSMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE ACCESSED OR USED AT YOUR SOLE DISCRETION AND YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSSES OF DATA OR CONTENT RESULTING THEREFROM. WE MAY CHANGE, SUSPEND, WITHDRAW, RESTRICT OR TERMINATE THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS OR OPERATIONAL REASONS AT ANY TIME WITH OR WITHOUT NOTICE.
18. Limitation of liability NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANY LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS. BE-SFE PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF BUSINESS, REVENUES, PROFITS, OPPORTUNITIES, GOODWILL OR BUSINESS REPUTATION, OR ANY LOSS OF DATA OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE FOREGOING DAMAGES. BE-SFE PARTIES WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING IN CONNECTION WITH (A) YOUR ACCESS TO OR USE OF THE SERVICES IN BREACH OF THESE TERMS; (B) ANY UNAUTHORIZED USE, CHANGES, MODIFICATION, ALTERATION OR DESTRUCTION OF THE SERVICES; (C) THE FAILURE, SUSPENSION, DISCONTINUATION OR TERMINATION OF ALL OR PART OF THE SERVICES AT ANY TIME; (D) ANY THIRD PARTY CONTENT, SOFTWARE OR FUNCTIONS (INCLUDING Third Party Content/Services) USED IN CONNECTION WITH THE SERVICES; AND (E) ANY RELIANCE OF YOU ON THE TRUTHFULNESS, RELIABILITY, COMPLETENESS OR ACCURACY OF ANY ADVERTISING CONTENT, OR ARISING FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING CONTENT APPEARS ON THE SERVICES.
19. Governing Law These Terms shall in all respects be governed by and construed in accordance with the laws of Singapore, without regard to conflict of law rules or principles.
20. Dispute Resolution Your Dispute with Us You agree to contact us first for any claim, dispute or controversy ("Dispute") arising from or in connection with these Terms, including any question regarding existence, validity or termination of these Terms. Both parties agree to attempt to resolve such Dispute in good faith. For any unresolved Dispute, the parties agree that such Dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. Your Dispute with Third Parties To the fullest extent permitted by law, any dispute between you and third parties (e.g., service provider, copyright owner) relating to your use of the Services, shall be resolved between you and such third party directly. Be-Sfe Parties will not be held liable to any extent for any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way related to your dispute with third parties. You hereby irrevocably release Be-Sfe Parties from, defend and hold Be-Sfe Parties harmless against any and all claims and liabilities arising out of or in connection with your disputes with third parties of any nature.
21. Other Terms Force Majeure. We will not be responsible for any failure to perform our obligation hereunder caused by reasons beyond our reasonable control. Entire Agreement. These Terms, together with any other terms or policies incorporated herein by reference, constitute the entire agreement between you and us governing your use of the Services, and replace all prior agreements and communications between you and us in relation to your use of Services. Severability. If any provision of these Terms is found to be invalid or unenforceable, then, without affecting the validity or enforceability of the remaining of these Terms, such provision shall be deemed to be severed from these Terms, and if possible, replaced with similar provision to the extent valid and enforceable under applicable laws and regulations so as to effect the original intent of the parties as closely as possible so that the agreements and transactions contemplated hereunder are consummated as originally contemplated to the fullest extent possible. The remaining provisions of these Terms will continue to be valid in full force and effect. No Waiver. Our failure or delay to enforce any provision of these Terms shall not be deemed as waiver of any rights hereunder and will not prevent further exercise of our rights later. Assignment. We may freely assign, transfer or sub-contract these Terms or any of our rights or obligations hereunder, in whole or in part, to any third party without notice to you. You shall not assign these Terms without our prior written consent. Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination. Independent Contractor. These Terms do not and shall not be constructed to create any joint venture, partnership, employment, agency or franchise relationship between you and us. No Third Party Rights. No third party other than you and us shall have rights to rely on or enforce these Terms, unless otherwise provided under these Terms. Headings. Headings are included for reference purpose only and will not affect the meaning or interpretation of any provisions in these Terms.
22. Contact Us If you have any questions or want to learn more about the Services, please contact us at contactus@be-sfe.com