Terms & Conditions

These Terms of Service (the “TOS” or “Agreement”) form a binding, legal agreement between Jem Safe (“Jem Safe” or “we”) and you. By accepting this Agreement or using or accessing any Jem Safe Service, you acknowledge that you have read, understood and agree to be bound by all the terms and conditions of this Agreement. If you do not agree with this TOS, you are not permitted to access or use any Jem Safe Service and must immediately stop doing so.

This agreement includes a binding arbitration provision and waives your right to participate in class action claims. Please read those provisions carefully as they affect your legal rights.

These Terms of Service are effective as of 1 January 2018.

1. Introduction.

Welcome to Jem Safe and thank you for your interest in our products and services! This Agreement (which includes the Privacy Policy, Acceptable Use Policy and any applicable Guidelines, as defined below) governs your relationship with Jem Safe and your use of or access to any Jem Safe Service, so please review it carefully. “Jem Safe Service” means any product, app, software, add-on, extension, website, online service, licence code, feature, functionality, content or service that is owned, controlled or provided by Jem Safe, including our mobile apps (such as the Jem Safe Security app), Identity Protection Services, Documentation, support services and Subscriptions. Jem Safe Services may be distributed to you directly by Jem Safe or through a Jem Safe-authorised reseller partner, app store partner, distributor or other channel partner (each, a “Distributor”). In either case, this Agreement governs your relationship with Jem Safe and use of or access to the Jem Safe Services. All references in this Agreement to “you” or “your,” as applicable, mean the user of the Jem Safe Services, and each of your heirs, successors and assigns. 

 

2. Your Account.

You will need to create a Jem Safe account (“Account”) to register and use Jem Safe Services. You understand that we may send notices, emails, statements, announcements and other account-related information to you using the information on your Account, and you hereby consent to us doing so. You represent and warrant that your Account information is accurate and complete, and you agree to keep your Account information (including any payment information) up-to-date, accurate and complete. You are solely responsible for the security of your Account, including for keeping any access credentials (such as user IDs, passwords and other access credentials) secure. You must not share your access credentials with any other person or entity and, in case of any security breach, you must promptly notify Jem Safe and change your access credentials immediately. You are solely responsible for all activities that occur on or through your Account, including any purchases. In no event will any Jem Safe Entity (as defined below) be responsible for any activity, damages, liability or losses arising out of or resulting from the unauthorised use of your Account or from your failure to keep your Account information and access credentials secure, accurate and complete. 

3. Use Rights.

3.1. Your Use Rights. Subject to the terms and conditions of this Agreement, Jem Safe grants you a personal, non-transferable, non-exclusive, non-sublicensable, limited, revocable licence to use the Jem Safe Service(s) that Jem Safe makes accessible to you (either itself or through a Partner), provided you use the Jem Safe Service solely for your personal, non-commercial use and strictly in accordance with this Agreement and any applicable Guidelines and Documentation (as defined below). You may use Jem Safe's mobile apps only on those mobile devices that you legally own and control.
3.2. Subscription. Jem Safe features available to you are on a "Subscription” basis. These Subscription(s) are provided to you on a monthly term specified at the time you place your order (the “Subscription Term”). With respect to Subscriptions, the rights granted to you above: (i) are subject to our receipt of payment of the applicable fees (directly from you) and (ii) end when your Subscription Term is cancelled or terminated.
3.3. Documentation and Support. We may provide you with access to online FAQs, information, tips and other materials to help you use Jem Safe Services (the “Documentation”, currently available here). Any additional Jem Safe support services (such as email or phone support) are provided at our discretion, and you understand and agree that Jem Safe may discontinue and/or change its support services (including by modifying support hours and communication channels) at any time without liability to you. All Documentation and support services are provided “AS IS” without warranty of any kind. Jem Safe does not guarantee that errors will be resolved, that our Documentation or responses will be accurate or that responses will be timely. If you have obtained any Jem Safe Services from one of Jem Safe's Distributors, that Distributor has no responsibility to provide you with any warranty, maintenance or support services with respect to the Jem Safe Services or for otherwise addressing any issue or claim with Jem Safe Services.
3.4. Usage Limits. You understand and agree that, from time to time and without liability to you, Jem Safe may establish and/or modify its general practices and usage limits regarding the Jem Safe Services (such practices and usage limits, the “Usage Limits”). Usage Limits may include the features included in a Subscription package, limits on the number of devices that can be associated with an Account and the number of devices where our mobile app can be installed. The latest Usage Limits are generally available in our Documentation or in the Jem Safe Service itself. These Usage Limits may vary depending on how you receive Jem Safe Services, so please contact Jem Safe's support with any questions.
3.5. Updates and Product Changes. Unless otherwise specified by Jem Safe in writing, this Agreement will also govern any bug fixes, patches, maintenance releases, upgrades and updates to Jem Safe Services that Jem Safe develops and makes available to you (“Updates”), and such Updates will be considered “Jem Safe Services” under this Agreement. However, you understand and agree that Jem Safe has no obligation to provide you with Updates and that any Updates may be made available for a fee or under different or additional terms and conditions, as determined by Jem Safe. Jem Safe Services consisting of installable software (such as our mobile app) may update automatically on your device once a new version or feature is available, and you consent to such automatic Updates. We are constantly changing and improving our Jem Safe Services, so we reserve the right without liability to you to add or remove functionalities or features, to modify Jem Safe Services and to suspend or stop a Jem Safe Service altogether.
3.6. General Restrictions. You must not (and agree not to permit, induce, assist or encourage anyone else to): (i) rent, lease, sell, offer to sell, distribute, transfer or sublicence any Jem Safe Service; (ii) permit anyone else to use or access your Account or any Jem Safe Service licenced to you (including by sharing your access credentials or licence keys); (iii) use any Jem Safe Service (or any component thereof, including any results or output derived from a Jem Safe Service) to power or support any other site, software, product or service, or otherwise for any other person or entity's benefit; (iv) integrate, include or provide any Jem Safe Service (or any component thereof, including any results or output derived from a Jem Safe Service) in or as part of another site, software, product or service; (v) execute Jem Safe's mobile apps in any environment (including any emulated environment) other than on personal mobile device(s) that you legally own and control; (vi) modify, alter, tamper with or create any derivative work of any Jem Safe Service (or any feature or component thereof), or use or access any Jem Safe Service to attempt to create a substitute or similar product; (vii) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise obtain the source code, underlying ideas, algorithms, file formats, or non-public APIs of any component of a Jem Safe Service (including executable and configurable content or any data from Jem Safe's security cloud service), except where permitted by law (and then only with advance notice to Jem Safe); (viii) without our prior written permission, perform tests on a Jem Safe Service, publicly disseminate test-related information about a Jem Safe Service, or otherwise use or access any Jem Safe Service as a research tool or for competitive intelligence purposes (including to verify a set of known results); (ix) make more copies of any Jem Safe installable software than are reasonably required to support your authorised use; (x) access or use a Jem Safe Service in a way that avoids incurring applicable fees or hiding usage; (xi) re-download or re-access any Jem Safe Services after we have terminated your licence, subscription or Account; or (xii) obscure any proprietary or other notices contained in any component of the Jem Safe Service (including any results or output). You understand and agree that any violations of these restrictions will constitute a breach of this Agreement and a violation of Jem Safe's intellectual property rights.
 
4. User Content, Data and Feedback.

4.1. User Content. Some Jem Safe Services may allow you to post, upload or submit content to us (the “User Content”). As between you and Jem Safe, you own the User Content you post, but you hereby grant Jem Safe a worldwide, perpetual, non-exclusive, irrevocable, sublicensable, royalty-free licence to Use User Content in order to provide, operate, promote, and improve Jem Safe Services, to develop new ones and as otherwise stated in this Agreement and the Privacy Policy (the “Privacy Policy”). This licence will also apply to any Feedback you elect to provide to Jem Safe, and you understand and agree that we will have no obligation to pay or credit you for any Feedback. “Use” means to host, store, reproduce, publicly display, publicly perform, communicate, publish, licence, distribute, share, disclose, make, have made, sell, offer to sell, practice, import, export, execute, adapt, modify, improve, make derivative works of (including by incorporating into other works), disclose and otherwise use and exploit, in any form, media, or technology now known or later developed, and to allow others to do so. “Feedback” means any feedback, suggestions, comments, improvements and ideas about Jem Safe Service(s) or what you might like to see from Jem Safe in the future, as well as any related code, content and materials that you provide to us.
4.2. User Data. When you use Jem Safe Services, Jem Safe may collect or receive data, information and code from you and/or the devices where you use the Jem Safe Services (the “User Data”). Our Privacy Policy, together with this Agreement, describes our collection and Use of User Data. You hereby consent and agree to our Privacy Policy and to the collection and Use of User Data described in that policy and this Agreement.
4.3. Responsibility for User Data and User Content. You are solely responsible for User Content, User Data and your use of Jem Safe Services. We do not endorse User Content or User Data, have no obligation to monitor any User Content or User Data, and assume no responsibility whatsoever for these materials. In all cases, Jem Safe reserves the right to remove or disable access to any User Content or User Data without liability to you for any or no reason, including to account for changes to Jem Safe Services or Usage Limits or to prevent breaches of this Agreement, harm to other users, or liability to third parties. Jem Safe may take these actions without prior notification to you or any third party. Removal or disabling of access to these materials shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content or User Data. You are solely responsible for maintaining additional backups of User Content and any User Data, and Jem Safe is not responsible for loss or destruction of these materials.
 
5. Some Additional Rules.

5.1. Legal Consent. You may use a Jem Safe Service only if you can form a binding contract with Jem Safe and are not a person barred from receiving the Jem Safe Service under the laws of the United Kingdom or other applicable jurisdiction. You represent and warrant that: (i) you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and (ii) are fully able and competent, and have the legal power, capacity and authority, to enter into this Agreement and to abide by and comply with it. In any event, if you are under 13, you are not permitted to use any Jem Safe Service.
5.2. Acceptable Use. You agree to abide by our Acceptable Use Policy (available below) and represent and warrant that the User Data, User Content and your use of any Jem Safe Service will not: (i) violate any local, state, federal or international law, rule or regulation; (ii) harm any person or entity; (iii) infringe any person or entity's rights (including intellectual property, privacy, publicity and other rights); or (iv) violate this Agreement. You further represent and warrant that you have all rights, releases and permissions needed to: (x) permit you to use the Jem Safe Services (including, where applicable, to manage devices in a group plan) and (y) grant us the licences, rights and consents under this Agreement (including as provided in Section 4 above).
5.3. Special Terms for Identity Protection Services. Jem Safe Services may include features designed to help monitor and protect your identity (“Identity Protection Services”). You may use the Anti-Theft and Anti-Phishing Services only if you are a United Kingdom resident and solely for your own personal benefit to protect against or prevent actual fraud, unauthorised transactions, claims or other liabilities. Our Privacy Policy further describes the types of User Data collected by the Jem Safe Services. You understand and agree that by accepting this Agreement you are providing “written instructions” to Jem Safe and its service providers to exchange User Data about you with our service providers and their data suppliers and to provide you with the Anti-Theft and Anti-Phishing Services. You agree and hereby authorise Jem Safe and its service providers to provide User Data (or, if applicable, information about others you have enrolled) to third parties in order to provide the Jem Safe Services and as otherwise described in our Privacy Policy. You further authorise Jem Safe and its service providers to provide you with monitoring and alerts and to obtain various information and reports about you (or about others that you have enrolled) in order to provide the Jem Safe Services, including address history, name, alias and other reports. The preceding authorisations also extend to our service providers' employees, agents, parents, subsidiaries, affiliates, contractors, and data suppliers.
5.4. Other Service-Specific Terms. Jem Safe Services are very diverse, so sometimes we may post or provide additional terms, conditions and guidelines (collectively, the “Guidelines”) applicable to a particular Jem Safe Service (or particular features). If you access or use such Jem Safe Services, those Guidelines become part of your agreement with us and are incorporated by reference into this Agreement. 
 
6. Payments Terms.
 
6.1. Fees. If you place an order for a Jem Safe Subscription, you agree to pay the applicable fees up front for the entire Subscription Term. All fees and charges are non-refundable and non-creditable, and there are no refunds or credits for partially used Subscription Terms.
6.2. Billing Methods. If you order your Subscription from Jem Safe using your credit card, we will automatically charge the applicable fees plus any applicable taxes to your credit card for the entire Subscription Term. If your credit card reaches its expiry date, your continued use of the Subscription constitutes your authorisation for us to continue billing that credit card and you remain responsible for any uncollected amounts. If you order Jem Safe from a Distributor (such as, by purchasing our mobile app using app-store billing or by purchasing a licence key from a Distributor), you make applicable payments to Jem Safe directly and you remain subject to this Agreement.
6.3. Free 30 Days. We offer all new customers 30 free days of Subscription without payment. Jem Safe reserves the right, in its discretion, to determine your eligibility for this, and, subject to applicable laws, to withdraw or to modify this at any time without prior notice and with no liability, to the greatest extent permitted under the law. We may automatically start to charge you for the applicable Subscription on the first day following the end of the Trial, unless you cancel as described in the “Automatic Renewals” section below.
6.4. Failure to Pay. If you fail to timely pay any fees, or if we are unable to process your payment, Jem Safe at its option may suspend or terminate your right to use the Subscription, without liability to you. Regardless of such termination or suspension, you will be responsible for paying all past due amounts.
6.5. Automatic Renewals. Unless otherwise specified by us at the time you place your order, your Subscription Term for a Premium Subscription is auto-recurring and will automatically renew for additional terms of the same length. You authorise Jem Safe to immediately begin charging the payment method provided and to continue to do so for any renewed Subscription Term until you cancel. You may cancel an upcoming Subscription Term renewal on your Jem Safe Account page (or through the account page on the applicable app store), but you must do so before your renewal date to avoid incurring additional fees. If you fail to cancel before the renewal date, you will be responsible for paying fees for the renewed Subscription Term. Please note that if you elect to cancel during a Subscription Term, we will not issue a refund or credit for the remaining portion of your then-current Subscription Term. 
 
7. Termination and Suspension.
 
7.1. Termination and Suspension. We may terminate or suspend your Account and/or your access to the Jem Safe Services, without prior notice and without liability, for any or no reason, including if we determine in good faith that: (a) you have violated this Agreement, (b) you have infringed third party rights or any applicable laws, rules or regulations, (c) you are no longer actively using the Jem Safe Service, or (d) you have failed to pay fees owed to Jem Safe. These remedies are in addition to any other remedies Jem Safe may have at law, in equity or otherwise. We will make a reasonable attempt to notify you of any termination or suspension of your access to the Jem Safe Services using the information on your Account or through the Jem Safe Service itself. However, we reserve the right to terminate access to Jem Safe Services at any time, with or without notice.
7.2. Effect of Termination. You acknowledge and agree that upon suspension, termination or expiry your ability to access User Content and/or User Data will cease and that Jem Safe will have no obligation to store any such items or provide them to you. If we terminate your access to Jem Safe Service(s), your licence rights shall terminate and you must: (i) immediately cease any use of the applicable Jem Safe Service(s) and (ii) delete (or, at our request, return) any and all copies you have of the applicable Jem Safe Service (if any).
7.3. Survival. All terms and conditions of this Agreement will survive any suspension, termination or expiry, except for the rights granted to you under Section 3.1 (Your Use Rights).
 
8. Intellectual Property Rights.
 
8.1. Jem Safe Technology. Notwithstanding any use of the words “purchase”, “sale” or similar terms, the Jem Safe Services are being licenced to you, not sold. Notwithstanding anything to the contrary herein, Jem Safe retain all rights, title and interest (including all intellectual property rights) in and to the Jem Safe Services, any content, data, results, information, analysis or output generated by or that you obtain from a Jem Safe Service, and any Updates, modifications or derivative works of any of the foregoing, including as may incorporate any Feedback. Jem Safe reserves any licences not expressly granted herein.
8.2. Open Source. Sometimes Jem Safe may provide you with software, such as mobile apps, that may include components subject to a so-called “open source” software licence (such components, “Open-Source Components”). To the extent required by the licence terms covering the Open-Source Components, those licence terms will apply in lieu of the licence terms and restrictions of Section 3; however, the remaining sections of this Agreement, including Section 9 (Disclaimers and Limitations of Liability), will continue to apply to all components of the Jem Safe Services, including Open-Source Components. 
 
9. Disclaimers and Limitations of Liability.
 
Please read the following provisions carefully, as they limit the liability of Jem Safe. “Jem Safe Entity" means: (i) Jem Safe, its parents, subsidiaries, affiliates and related companies (collectively, the “Jem Safe Companies”); (ii) the Jem Safe Companies' officers, directors, employees, agents, contractors and representatives; and (iii) the Jem Safe Companies' Distributors, licensors, suppliers, service providers and data providers (including without limitation our providers of hosted services and Identity Protection Services), and their parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, contractors, representatives and data providers.

9.1. Disclaimers. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, EACH JEM SAFE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EACH JEM SAFE ENTITY DISCLAIMS ANY AND ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE JEM SAFE ENTITIES (AND EACH OF THEM) DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ANY JEM SAFE SERVICE (INCLUDING ANY CONTENT, DATA, RESULTS, INFORMATION OR OUTPUT THEREIN OR OBTAINED THEREFROM): (A) WILL BE ACCURATE, COMPLETE, TIMELY, CURRENT, SECURE (INCLUDING FROM UNAUTHORISED ACCESS), RELIABLE, UNINTERRUPTED, ERROR-FREE OR MAINTAINED WITHOUT LOSS OR (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, JEM SAFE AND THE OTHER JEM SAFE ENTITIES WILL NOT BE LIABLE IN WHOLE OR IN PART FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED BY YOUR USE OF A JEM SAFE SERVICE OR THE CONTENT, DATA, RESULTS, INFORMATION OR OUTPUT THEREIN OR OBTAINED THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9.2. Limitations of Liability. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW: (A) IN NO EVENT WILL JEM SAFE  OR ANY OTHER JEM SAFE ENTITY BE LIABLE FOR ANY LOSS OF USE, PROFITS OR BUSINESS; DAMAGE INVOLVING ANY DEVICE, EQUIPMENT, SYSTEM, CONTENT OR DATA (INCLUDING FOR LOSS, THEFT OR UNAUTHORISED ACCESS TO SUCH ITEMS); COSTS OF SUBSTITUTE PRODUCTS OR SERVICES; REPUTATIONAL HARM; OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, EVEN IF THE JEM SAFE ENTITY KNOWS OF THE POSSIBILITY OF SUCH DAMAGES AND (B) WITHOUT LIMITING THE FOREGOING, JEM SAFE'S AND THE OTHER JEM SAFE ENTITIES' TOTAL, COLLECTIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE JEM SAFE SERVICES, IF ANY, SHALL NOT EXCEED IN AGGREGATE THE GREATER THAN THE FEES ACTUALLY PAID BY YOU FOR THE APPLICABLE JEM SAFE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
9.3. Third Party Products. THE JEM SAFE ENTITIES: (A) DO NOT ENDORSE, WARRANT OR SUPPORT THIRD PARTY PRODUCTS AND (B) DISCLAIM ANY RESPONSIBILITY AND LIABILITY (INCLUDING FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL AND OTHER DAMAGES OF ANY TYPE) ARISING FROM OR RELATING TO THIRD PARTY PRODUCTS OR THEIR BEHAVIOUR, FEATURES OR CONTENT.
 
10. Indemnity.
 
You agree to indemnify and hold Jem Safe and the Jem Safe Entities harmless from and against any third-party claims, proceedings and demands and related losses, costs, damages, liabilities and expenses (including defence costs and reasonable legal fees) arising out of or related to: (a) your use or misuse of Jem Safe Service(s); (b) your breach of any provision of this Agreement; or (c) your violation or alleged violation of any law or third-party right (including without limitation any intellectual property, privacy, publicity or other right). You further agree to defend Jem Safe and the Jem Safe Entities against any such claims at our request, but we have right to assume the exclusive defence and control of such claims. You must notify us of any such claims immediately and cooperate with Jem Safe in any defence. When you are defending a claim, Jem Safe may participate in the defence through counsel of our own choosing and you must not make any admissions, take positions adverse to Jem Safe or settle any claim(s) without our prior written consent. 
 
11. Class Action Waiver and Binding Arbitration

11.1. If you reside in the United States, this Clause 11 applies to you. If a dispute, claim, or controversy of any kind with respect to any JEM Safe Service, or any part of this agreement, arises between You and Jem Safe or You and a third-party affiliate of Jem Safe, and both parties couldn't resolve the dispute informally within a reasonable period of time, You and the other party agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Any proceedings, including but not limited to class action lawsuits, class-wide arbitrations, private attorney-general actions, the combining of individual actions without the consent of all parties, or any other legal procedure where someone acts in a representative capacity, are not permitted. By accepting this agreement, You agree not to begin or participate in any of the above mentioned class and multi-party proceedings, and any action pursued by You and remedy, if any awarded to You, must be on an individual basis, as provided in this clause. In the event of a binding individual arbitration proceeding between parties, a neutral arbitrator will decide and the arbitrator's decision will be final except for a limited right of appeal under the FAA. If any conflict exists between this agreement and the rules of the AAA, this agreement shall govern.
11.2. Any dispute, claim, or controversy concerning Jem Safe's intellectual property rights, their enforcement, validity, etc., and any claim pertaining to any form of unauthorised use, including but not limited to theft and piracy, of any Jem Safe Service are not subject to this arbitration clause.
 
12. General.
 
12.1. Entire Agreement. Jem Safe's Acceptable Use Policy, Privacy Policy and any applicable Guidelines are a part of and hereby incorporated into this Agreement. This Agreement (including those policies and guidelines) is the entire agreement between you and Jem Safe relating to the Jem Safe Services or any other subject matter covered by this Agreement, and it supersedes all other oral or written communications, proposals, discussions and representations with respect to Jem Safe Services.
12.2. Amendments. Jem Safe reserves the right, at its sole discretion, to modify this Agreement, at any time and without prior notice. If we modify this Agreement, we will post the modification on the Jem Safe website and/or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of this Agreement. By continuing to access or use the Jem Safe Services after we have posted a modification on the Jem Safe Services or have otherwise provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Jem Safe Services. 
12.3. Waivers. The failure of Jem Safe to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
12.4. Assignments. This Agreement (and any rights and licences granted herein) may not be assigned by you, and any assignment by you is void. Jem Safe may assign or delegate this Agreement without restriction, including to an affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets.
12.5. Notices. Any notice under this Agreement must be given in writing. You agree to receive all communications, agreements, and notices that we provide in connection with any Jem Safe Service (“Communications”) electronically, including by email, text, in-app notifications, or by posting on the Jem Safe website or other parts of the Jem Safe Service. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that we are not responsible for your failure to receive notices if you fail to keep your Account information accurate and complete or if you filter our Communications. Our Communications to you will be deemed given on the day we send it. Unless this Agreement, the Privacy Policy or applicable Guidelines specifically permit you to contact us through other means, you must use any notice related to this Agreement by email to legal@JemSafe.net, with the subject line: ATTN: NOTICE. Your notices will be deemed given upon our receipt of your mailing.
12.6. Government Requests. Jem Safe reserves the right to cooperate with any law enforcement or similar government inquiry as described in our Privacy Policy.
12.7. Third Party Rights. This Agreement is between you and Jem Safe only, not with any of our Distributors, and our Distributors are not responsible for the Jem Safe Services or the content thereof. However, you acknowledge and agree that Jem Safe Entities are intended beneficiaries of the Agreement and have the right to enforce the Agreement directly against you. Except as specified in this Section, there are no third-party beneficiaries of this Agreement.
12.8. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue to remain in full force and effect.
12.9. Miscellaneous. As used herein “including” means “including without limitation” and examples are provided for clarification only and are not intended to be restrictive. Except where this Agreement expressly states that a remedy is exclusive, all remedies under this Agreement, including termination or suspension, are cumulative and not exclusive of any other rights or remedies that may be available to a party.

Acceptable Use Policy:
 
This document is our Acceptable Use Policy. It is part of our Terms of Service and applies to all Jem Safe Services (as that term is defined in our Terms of Service). By accepting our Terms of Service or using or accessing any Jem Safe Service, you agree to comply with this policy. In connection with your use of any Jem Safe Service, you agree not to:
 
  1. Post, use or transmit abusive messages, defamatory, libellous, false or misleading statements, hate speech, or messages that incite or threaten violence;
  2. Post, use or transmit any content that is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable;
  3. Harass, annoy, intimidate or threaten other users of the Jem Safe Services or employees, contractors or agents of Jem Safe or its service providers;
  4. Transmit spam, chain letters, or other unsolicited email;
  5. Impersonate another person, misrepresent your affiliation with another person or entity, engage in fraud, or hide or attempt to hide your identity;
  6. Access any part of the Jem Safe Service that you are not authorised to access; Access any part of the Jem Safe Service, or any content or data therein, through any technology or means other than those expressly provided to you by Jem Safe;
  7. Access any part of the Jem Safe Service, or any content or data therein, through technologies such as “scraping tools,” “robots,” “spiders” or “offline readers,” or through any system that sends more request to Jem Safe's servers than a human can reasonably produce in the same period of time;
  8. Use a Jem Safe Service in a manner that interferes or may interfere with the normal functioning, security, integrity or operation of the Jem Safe Service;
  9. Upload or transmit invalid data, viruses, worms, harmful code, malware, or other software agents;
  10. Decipher or decrypt transmissions from any Jem Safe Service, circumvent or disable (or attempt to circumvent or disable) any access, authentication, copy restrictions or other feature of any Jem Safe Service, attempt to access or use the Jem Safe Services through means other than those we expressly provide to you, or otherwise attempt to compromise or violate the security of any Jem Safe Service or its components (including another user's account);
  11. Attempt to identify, probe, scan or test any vulnerability of any part of the Jem Safe Service(s) without Jem Safe's signed, written authorisation;
  12. Attempt to modify, or gain unauthorised use of or access to, another user's account(s), website(s), application(s), system(s), equipment or data;
  13. Collect or harvest any personally identifiable information (including account names) from any other user;
  14. Use any Jem Safe Service in violation of any applicable law or regulation, including intellectual property and privacy laws in applicable jurisdictions;
  15. Post, use or transmit any content, data or materials that violate applicable laws or regulations or any third party rights (including any intellectual property, privacy or publicity rights); and/or
  16. Attempt or facilitate violations of any of the foregoing.
Without limiting any other remedies available to it, Jem Safe may in its sole discretion suspend or terminate access to the Jem Safe Service for violations of this Acceptable Use Policy (as determined by Jem Safe), to prevent harm to other parties, or to preserve our security, availability or integrity.
 
Users Web Portal

In addition to our terms and conditions our users should be aware that when using their my.eset.com web portal that they have to abide by ESET's own terms and conditions that you can see are detailed by their legal information and their terms of use.

Copyright Information

Copyright © 2018 Jem Safe - Jem Safe is a trading name of Stratford Consulting Limited. Copyright to the documents and programs on this Site is owned and/or performed by Jem Safe. All rights reserved.

The Android robot is reproduced and modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution Licence.

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If you have any questions or concerns, please do not hesitate to contact us via the Jem Safe Contact Form.

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