safing-web/terms/index.md

---
layout: legal_container
title: Terms of Service
heading: Terms of Service
---

**Introduction**

As the SPN product/service provided by Safing ICS Technologies GmbH is a
new service, and one of a kind at present, the following Terms of
Services and subsequent Privacy Policy are comprehensive, these have
been written in a way that should be understandable and fairly easy to
read, we do apologise for the length, however it is necessary to cover
new ground.

This Terms of Service document outlines the terms and conditions of use,
of the SPN and other services provided by Safing ICS Technologies GmbH,
they also govern the use of, and access to any content, which includes
and not limited or restricted to, the website, forums, and SPN (Safing
Privacy Network), and any software provided by Safing ICS Technologies
GmbH, in any way, shape or form.

These terms of service are legally binding documents which govern your
use of our services, and our provision of the service to you. You are
advised to read these terms of service carefully; this will help ensure
that they contain everything you want and that there is nothing within
them that you are not prepared to agree to. If they contain anything
that you are not willing to agree with then you only have two (2)
courses of redress, these are **[1]**, not to use any of the services
offered by Safing ICS Technologies GmbH as a whole or **[2]**, send us an email, we may be able to help.

Safing ICS Technologies GmbH welcomes your feedback, please send all
feedback to: <feedback@safing.io>

**It is our goal to ensure that all people using our service are able to enjoy privacy whilst online through high-tech tools that are easy to
use, built for privacy with security in mind.**

## Contents

- [Agreement](#agreement)
- [Article 1. Definition's and Interpretations](#article-1-definitions-and-interpretations)
- [Article 2. (applicable to) Entire Agreement](#article-2-applicable-to-entire-agreement)
- [Article 3. Personal privacy and protection](#article-3-personal-privacy-and-protection)
- [Article 4. Service level agreement (SLA)](#article-4-service-level-agreement-sla)
- [Article 5. Functioning of the website and Services](#article-5-functioning-of-the-website-and-services)
- [Article 6. Subscription](#article-6-subscription)
- [Article 7. Payments](#article-7-payments)
- [Article 8. Customer Hub](#article-8-customer-hub)
- [Article 9. License](#article-9-license)
- [Article 10. Your right to cancel](#article-10-your-right-to-cancel)
- [Article 11. Refunds](#article-11-refunds)
- [Article 12. Use of the Service information](#article-12-use-of-the-service-information)
- [Article 13. AUP (acceptable use policy)](#article-13-aup-acceptable-use-policy)
- [Article 14. Terminations](#article-14-terminations)
- [Article 15. Third party websites](#article-15-third-party-websites)
- [Article 16. Intellectual Property](#article-16-intellectual-property)
- [Article 17. Geographical access](#article-17-geographical-access)
- [Article 18. No logs policy](#article-18-no-logs-policy)
- [Article 19. Do not track](#article-19-do-not-track)
- [Article 20. Children's Online Privacy Protection Act (COPPA)](#article-20-childrens-online-privacy-protection-act-coppa)
- [Article 21. Indemnification](#article-21-indemnification)
- [Article 22. Amendments](#article-22-amendments)
- [Article 23. Warranties and Disclaimers](#article-23-warranties-and-disclaimers)
- [Article 24. Jurisdiction and Applicable Law](#article-24-jurisdiction-and-applicable-law)
- [Article 25. Contact us @](#article-25-contact-us-)
- [Article 26. Final note](#article-26-final-note)

## Agreement

The legal entity of which you are entering into a contract with is:

Safing ICS Technologies GmbH, a private company incorporated in Austria
with the registered company number of: FN464654S.

The postal address is available upon request in the form of an email,
clearly stating your request, to:

<office@safing.io>

## Article 1. Definition's and Interpretations

The following words, highlighted in bold text, shall have the following
Definitions and Interpretations (meanings) in these Terms of Service:

**SPN.**  
Refers to The Safing Privacy Network.

**AUP.**  
Refers to the Acceptable Use Policy.

**PII.**  
Refers to your personal identifiable information.

**We, us, our, ourselves.**  
These terms refer to any and all brands owned and operated by Safing ICS
Technologies GmbH, including and not limited to the SPN, (Safing Privacy
Network), Websites and Forums, for the purposes of this Agreement.

**Subscription, length of terms.**  
Currently we offer two (2) types of subscription, these are: 1 month,
based on the calendar month, i.e. subscription started on the 1st of
January, would end on the 1^st^ of February, etc. and 1-year
subscription, ends 1 year (365 days) after initial subscription start
date, i.e. 1^st^ Jan 2020 start date, 1^st^ Jan 2021 end date.

**Member, members, You and your.**  
This refers to any and all valid registered users or visitors to our
Services, wherever they access Services provided by (us) Safing ICS
Technologies GmbH.

**Paid Services.**  
Refers to all Services accessible by (you), at rates quoted, by our
service, to (subscribers/members), for a valid subscription.

**Notifications.**  
These are messages used by us to inform members/subscribers about
changes etc. to their accounts.

## Article 2. (applicable to) Entire Agreement

This Agreement and the pages of the SPN, website, and forums to which
these terms refer including the "AUP", constitute a contract that
governs the relationship between you and Safing ICS Technologies GmbH,
and the entirety of the rights and obligations of the
subscribers/members and ourselves.

You should read in full, the terms of service along with the AUP held
within, on joining our site, (on buying any subscription offered by us)
you the subscriber/member agree to these terms of service in their
entirety.

Failure to read these terms is not in any way shape or form, grounds for
a member to claim a get out clause, in all cases without exception,
subscribers/members are responsible for reading these terms.

If any of the provisions of these "Terms of service" or "AUP" is
declared void in application of a law, a regulation, or a final decision
ruled by a court having proper jurisdiction, all other provisions shall
remain fully in effect.

Failure by a Party to take action in respect of any breach by the other
Party of any provisions of these Terms of service or "AUP", shall not be
interpreted as constituting a waiver by said first Party of the right to
take action in the future, in respect of such a breach.

## Article 3. Personal privacy and protection

We uphold the strictest of standards with respect to protection of
privacy, and of personal information supplied by our
subscribers/members, and are as transparent as possible, please see our
[**Privacy Policy**]({{ config.base_url }}/privacy/) for full details and feel free to look over the
guidelines we follow and adhere to.

We do not share your PII with third parties, Cookies used on our
service, are on service only, we do not use third party cookies, or
transmit information collected, any information collected by our cookies
are used on our site only for the purpose of administering your account,
please read [**Article 12**](#article-12-use-of-the-service-information), **"Use of the Service information"**.

The cookies used by our service are clearly listed with the explanation
of how we use them, and the information collected, in our [**Privacy Policy Article 14**]({{ config.base_url }}/privacy/#article-14-cookies), please read this policy to see how we protect your
data.

## Article 4. Service level agreement (SLA)

Safing ICS Technologies GmbH endeavours to supply, all its subscribers a
useable, working service, however, down time of our SPN, is not always
under our control, other factors may interfere with the use of, or
running of the SPN, in these cases where the SPN is offline to
subscribers, due to cause by us, other than maintenance, a rebate to
service payments may be paid, this is worked out on full day equations,
down time only.

Being unable to connect to our service due to lack of internet,
connections, providers, hardware issues, software issues, service
interruption due to Force Majeure, earthquakes, fires, floods,
embargoes, labour disputes and strikes, riots, or war, are beyond our
control, SLA rebates are only valid for down time caused by our service
(SPN) not running.

SLA rebates are not covered by service maintenance which may happen from
time to time, in all cases of system maintenance, subscribers will be
given ample notification, via the website or forums, of due system
maintenance including date and time if possible.

## Article 5. Functioning of the website and Services

To use our Services, the Member must have the necessary hardware
equipment, software and the necessary parameters required to properly
use the SPN, website, and forums, including access to the internet.

The Member must have the skills, hardware and software required to use
the Internet or, as appropriate, Internet and telephone Services in
place, and acknowledges that the characteristics and constraints of the
Internet mean that the security, availability and integrity of Internet
data transmissions cannot be guaranteed.

We do not guarantee that the Services will function if the
subscriber/member activates a pop-up killing tool. In this case, the
function should be deactivated before using the service.

We do not guarantee that the Services will be usable if the Member\'s
internet service provider is unable to provide its services properly. In
this context, we cannot be held responsible for the non-functioning,
unavailability or adverse conditions of usage of the SPN, website, or
forums, resulting from incorrect hardware, problems experienced by the
member\'s internet service provider or blockages on the Internet
networks, or for any and all other reasons outside of our control.

Hardware items are not supplied by Safing ICS Technologies GmbH, it is
the members responsibility to have the correct hardware and software to
use any of our services.

You connect to our service through a smart phone tablet or any other
mobile device using its internet browser, on the understanding that you
are responsible for the data charges etc. payable to your service
provider for the data usage of that device, for the avoidance of all
doubt, Safing ICS Technologies GmbH, is in no way responsible for your
data level or usage and is in no way liable for such.

Under these conditions, we do not guarantee that the Services shall
function without interruption or error. In particular, the use of our
website, forums may be interrupted at any time for the purposes of
maintenance, updates or technical improvements, or to develop its
content and/or presentation. Whenever possible, subscribers/members will
be given notification via the website or forums prior to maintenance
work or updates. Please read [**Article 23**](#article-23-warranties-and-disclaimers). "Warranties and
Disclaimers".

## Article 6. Subscription

Any and all subscriptions to the SPN are none transferable in any way
shape or form, passwords to accounts are solely for the use by the
account holder and should be kept private at all times, giving out your
password will result in the loss of your account, in this particular
case, it is advised that you read [**Article 13, AUP**](#article-13-aup-acceptable-use-policy) (acceptable use
policy) for more information.

We currently offer two (2) levels of subscription, these are:

-   One (1) month, these start from the date payment is received and end
    one (1) calendar month later.

-   One (1) year, these start from the date payment is received and end
    one (1) year (365 days) later.

-   All subscriptions include a built-in account administration fee of
    15%.

Our Services are available to you upon subscription to the SPN, by
subscribing to the Services, you agree to become a subscriber, for the
period you have selected, a current full list of subscription plans can
be seen above, our pricing plans are available on our website at:

<https://safing.io>

We reserve the right to amend subscription fees or introduce new fees at
any time, upon reasonable advance notice posted on the website or sent
via email, any changes to the pricing will not affect the subscriber's
current subscription period and will only become effective upon
subscription renewal.

From time to time we may post special offers on our homepage, these are
only designated and available during the time periods stated and may
also apply to the lengths of subscriptions offered.

## Article 7. Payments

The activation of a subscription on a member\'s account occurs as soon
as, or a few moments after a valid transaction has been completed, a
full list of payment methods are available on our website at.
<https://safing.io>

When payments are received through a payment gateway i.e. Stripe, PayPal
we receive transaction identifiers, these are used for the sole purpose
of linking payments to account members, please read the [**Privacy Policy**]({{ config.base_url }}/privacy/) to see how we protect your data.

When payments are made to our services using a wire transfer, we receive
transaction identifications, these are used for the sole purpose of
linking payments to account members, please read the [**Privacy Policy Article 3.**]({{ config.base_url }}/privacy/#article-3-how-we-store-and-protect-your-pii--data) to see how we protect your data.

Cash payments received through the post, do require the user/member to
supply a valid payment token etc. this will be added to your account
details as an identifier and will remain on record as such, please read
the [**Privacy Policy**]({{ config.base_url }}/privacy/) to see how we protect your data.

Payment tokens are obtained by registering with our customer hub, and
selecting the cash payment option, the necessary token will be returned,
this needs to be printed and sent along with the cash to the required
postal address, when received, it is added to your balance and you can
then subscribe to the service length required. cash can only be sent on
these terms.

We may also accept some forms of Crypto currencies i.e. ETH, BIT, CEK,
XMR, to see how we deal with payments of this nature, please visit our
website at. <https://safing.io>

All subscriptions will be automatically renewed. Unless, the member
notifies us of their wish to terminate their subscription, this must be
done at least 72 hours before the subscription\'s expiration date,
otherwise the renewal shall be performed in accordance with the manner
of payment originally chosen by the subscribed member, at the price rate
of the subscription to which the member originally subscribed.

For the avoidance of all doubt, members can avoid having their
subscription automatically renewed if they contact us 72 hours before
their subscription expiration date to terminate their subscription.

Please note that any form of suspension of your account does not
automatically cancel the automatic renewal of your subscription. If you
plan to keep your account suspended for an extended period of time and
you have an active subscription, you should first make sure that
automatic renewal is cancelled.

## Article 8. Customer Hub

The customer hub is used to collect required data for the purposes of
administering your account, to see what information is gathered and how
it is handled, stored and protected please read [**Article 2**]({{ config.base_url }}/privacy/#article-2-applicable-to-entire-agreement). Of the privacy policy,
sub heading [**Customer Hub**](https://account.safing.io/).

Our customer hub can be reached by using the following link:
[https://account.safing.io/](https://account.safing.io/)

## Article 9. License

Subject to your compliance with these Terms of service, Safing ICS
Technologies GmbH grants to you a nonexclusive and limited license to
download and use the Software. Modifying, distributing to unauthorized
parties, reverse engineering, or otherwise using the Software in any way
not expressly authorized by Safing ICS Technologies GmbH is strictly
prohibited and will be considered a breach of [**Article 13, AUP**](#article-13-aup-acceptable-use-policy).

## Article 10. Your right to cancel

Under The Consumer Contracts Regulations 2013, and the 2015 amendments,
you have the right to cancel a service made at a distance, for instance,
online, the standard cancellation period starts the moment you enter into
the contract and receive your subscription, and lasts a maximum of
fourteen (14) days, (this is considered to be a cooling off period)
however, should you the consumer, want to download any digital content
using our service within the fourteen (14) days cancellation period you
must agree to waive your cancellation rights under the terms of the
amended Consumer Contracts Regulations 2015.

cancellation rights under this Article only apply to your initial order
for a subscription and do not apply to renewed subscriptions. In
agreeing to these Terms of Service, you expressly request that we
provide you with the Services immediately and within the fourteen (14)
day statutory cancellation period. In the event of cancellation, services
used during this period will be charged and deducted from any refund
due, along with a 15% account administration fee, please refer to
[**Article 6**](#article-6-subscription). Subscription.

Emails regarding cancellation should be sent, with full explanation to:

<cancellations@safing.io>

## Article 11. Refunds

All refunds due to cancellation, under this article, shall be made to you
within fourteen (14) days of the cancellation process date, and will
only use the same method of payment as you used for your initial
transaction, payments and accounts are none transferable in any and all
circumstances.

Refunds due for any other reason, shall be made in a timely manner and
normally within fourteen (14) days, however as many reasons for refund
can apply, these may need investigation by our team which could take up
to twenty eight (28) days to complete, in this case you will be notified
via email address or by other means supplied by you.

Refunds applied for, due to termination of your account by us, are not
excepted, in any way shape or form, breaking the terms of this agreement
is not an acceptable reason for gaining a refund in any way shape or
form, please read [**Article 13, AUP**](#article-13-aup-acceptable-use-policy) for more information.

For the avoidance of all doubt, the 15% account administration fees are
none refundable in any and all cases.

SLA rebates are paid on a no service running standard and are paid for
each full day where service is not supplied due to the SPN being offline
and caused by us.

SLA rebates are none refundable, in all cases these will be credited to
your existing account.

Emails concerning refunds should be sent, with full explanation and
request to:

<support@safing.io>

## Article 12. Use of the Service information

We highly value the security of our subscribed members information,
Passwords and any other information used to identify a subscriber/member
are strictly private and confidential and must not be passed on or
shared by you the member with any third parties under any circumstances.

We may collect email addresses, transaction id, upon subscription to our
services, in all cases these are held behind high level encryptions and
are only accessible by a trained employee, please read the [**Privacy Policy**]({{ config.base_url }}/privacy/) to see how we protect your data.

## Article 13. AUP (acceptable use policy)

The following is the Safing ICS Technologies GmbH Acceptable Use Policy
(AUP). By using any of our services, including and not limited to the
SPN, website, or forums you agree to comply with this AUP.

We reserve the right to amend this AUP at any time, with or without
notice to you, however when applicable we agree to post any changes to
this AUP on the appropriate website of forums, and you agree to
periodically review this AUP as modified from time to time.

You agree to be bound to this AUP, as modified from time to time, every
time you use or access the Services. You affirm that you have read this
Policy and understand, agree and consent to its terms.

Pursuant to your subscription agreement, we may, at our sole discretion,
immediately terminate your access to the services if your conduct
violates (or appears to violate) the AUP. In addition, we may, at our
sole discretion, immediately terminate your access to the Services.

As these terms of service and AUP in its entirety covers all services
including and not limited to the SPN, website, and forums, the AUP, is
as follows:

**No Unlawful or Prohibited Use**

As a condition of your use of the Services, you will not use the
Services for any purpose that is knowingly unlawful or otherwise
prohibited by this AUP. You may not use the Services in any manner that
could damage, disable, overburden, or otherwise impair any of the
Services offered by Safing ICS Technologies GmbH, including and not
limited to the SPN, website, or forums, or interfere with any other
party's use and enjoyment of any of our Services.

-   You may not attempt to gain unauthorised access to any Service,
    other accounts, computer systems or networks connected to our
    network through hacking, password mining or any other means.

-   You may not obtain or attempt to obtain any materials or information
    through any means not intentionally made available through our
    Services.

-   You may not use the Service in connection with unlawful contests,
    lotteries, or gambling, pyramid schemes, chain letters, junk email,
    spamming or any duplication or unsolicited messages (commercial or
    otherwise).

-   Including and not limited to the website and forums, you will not
    defame, abuse, harass, stalk, threaten or otherwise violate the
    legal rights (such as rights of privacy and publicity) of others.

-   Including and not limited to the SPN, website, and forums, you will
    not publish, post, upload, distribute, traffic or disseminate any
    defamatory, obscene, or otherwise unlawful content, such as by way
    of example only, child pornography or anything relating to.

-   Including and not limited to the website and forums, you will not
    publish, post, upload, distribute or disseminate any topic, name,
    material or information that incites discrimination, hate or
    violence towards one person or a group because of their belonging to
    a race, religion or nation.

-   You will not upload, or otherwise make available files that contain
    images, photographs, software or other material protected by
    intellectual property laws, including, by way of example, and not as
    limitation, copyright or trademark laws (or by rights of privacy or
    publicity) unless you own or control the rights thereto or have
    received all necessary consents to do same.

-   You will not use any material or information, including images or
    photographs, which are made available through our Services in any
    manner that infringes any copyright, trademark, patent, trade
    secret, or other proprietary right of our, or any other party.

-   You will not share any of your personal login details including and
    not limited to passwords to any third party.

-   You will not upload files that contain viruses, Trojan horses,
    worms, time bombs, cancel bots, corrupted files, or any other
    similar software or programs that may damage the operation of an
    others property.

-   You will not restrict or inhibit any other user from using and
    enjoying the Services.

-   You will not harvest or otherwise attempt to collect information
    about others, including e-mail addresses, IP addresses, or personal
    information of any kind.

-   You will not use the Service for anything other than lawful
    purposes.

-   You will not over burden any Safing network with high traffic loads, sustained or in bursts.

-   You will use all Safing products within the normal operational parameters.

-   You will not copy or reproduce, in any way shape or form, by any
    means, any part of the SPN Services, unauthorised by you.

-   You will not incorporate the SPN Services or any portion thereof
    into any other unauthorised program or product.

-   Including and not limited to the website and forums, you agree that
    by posting a submission you warrant and represent that you own or
    otherwise control all of the rights to your Submission as described
    in this AUP, including, without limitation, all the rights necessary
    for you to provide, post, upload, input or submit the submissions.

-   You agree to indemnify and hold Safing ICS Technologies GmbH
    harmless from any and all liabilities, claims, or damages (including
    attorney's fees), threatened or incurred as a result of your
    activities or breach of this AUP.

## Article 14. Terminations

Subscribed members may at any time, up to 72 hours prior to end of
subscription, and without the need to provide any reason, end his/her
subscription with us by requesting the closure of said account via
contact through:

<support@safing.io>.

Such requests shall be deemed effective from the first working day after
receipt by us of the request for closure of the account concerned. Such
a request does not trigger reimbursement of, if appropriate, any time
remaining on the member\'s subscription.

Termination of a subscription, by a subscriber/member, shall be
effective on the applicable subscription\'s expiration date provided the
subscriber/member has contacted us at least 72 hours before their
subscription expiration date in order to terminate the subscription,
otherwise it may automatically renew.

This Article does not apply to reimbursement when cancelling an initial
order under [**Article 10**](#article-10-your-right-to-cancel). Your
right to cancel under The Consumer Contracts Regulations 2013/2015.

As per the [**Privacy Policy, Article 16**]({{ config.base_url }}/privacy/#article-16-data-request). Any and all requests for us
to stop processing, or using, your data will cause a termination of your
account, this in no way automatically triggers a refund under [**Article 10**](#article-10-your-right-to-cancel) or [**11**](#article-11-refunds)
of these terms of service.

Without prejudice to the other provisions hereof, where a member commits
a serious breach of these terms, we will terminate the subscribed
member\'s account without prior notification or warning. Such
termination shall have the same effects as a termination by the member.

Without prejudice to the other provisions hereof, where a member commits
a breach of any part of these terms of service, we may terminate the
member\'s account seven (7) days after having sent to the member a
notification requesting unsuccessfully, that he or she comply with these
Terms of service, such termination shall take effect without prejudice
to any damages that we might claim from the member or his/her
beneficiaries and legal representatives, in compensation of the harm
suffered as a result of such breaches.

The member will be informed by email of the termination, or the
confirmation of the termination, of his/her account.

Breach of any part of [**Article 13.**](#article-13-aup-acceptable-use-policy), the Acceptable use policy
(AUP), will ultimately result in a members account being terminated, in
this case there is no recourse for refunds of any description, breach of
the AUP may also be interpreted as an act of fraud or deception and will
be reported to the proper authorities.

## Article 15. Third party websites

Our service may provide you with content belonging to third parties or
links leading to third party websites, for purpose of example only,
PayPal, Stripe or any other payment gateways, are not controlled by
Safing ICS Technologies GmbH and we are not responsible for the
availability of the content provided by such third parties.

Third party companies and services have different terms of service and
privacy policies, it is your responsibility to read the terms of service
and privacy policies of any third party site you choose to use, failure
on your part to read such content is beyond our control and we cannot,
and will not be held liable for actions not taken by you.

Your access through our Services to any website, service, or content
provided by third parties does not indicate any relationship between
Safing ICS Technologies GmbH and any such third parties.

At present our forum is on the reddit platform, this can be reached by
using the following link:

<https://reddit.com/r/safing>

we have no control on how the Reddit service collects, stores, shares,
handles, or uses data, and you are advised to read any and all privacy
policies of the sites you intend to use.

## Article 16. Intellectual Property

The trademark, SPN, logos, graphics and texts featured on any and all of
our services are the intellectual property of Safing ICS Technologies
GmbH and may not be reproduced, used or represented without the explicit
permission, in writing via email to <office@safing.io> under threat of
legal action, please read [**Article 13., AUP**](#article-13-aup-acceptable-use-policy).

The rights of use granted by ourselves to our subscribers are strictly
limited to accessing, downloading, printing and reproduction on all
media types, the use of these documents for private and personal
purposes in the scope of and for the duration of the member\'s
subscription only. Any other use by the subscriber/member is prohibited
without the express authorisation in writing from Safing ICS
Technologies GmbH. Please read [**Article 13., AUP**](#article-13-aup-acceptable-use-policy).

In particular, members are prohibited from modifying, copying,
reproducing, disseminating, transmitting, exploiting whether for
commercial gain or not, and/or distributing in any way shape or form
whatsoever the Intellectual Property, from any and all services offered
by us.

## Article 17. Geographical access

The Services provided by Safing ICS Technologies GmbH, are not
geographically limited, however, we make no representations or
warranties that the SPN Services are appropriate for use or access in
your country, location or jurisdiction.

You access and use the SPN Services in your country at your own risk,
and on your own initiative, you are solely responsible for complying
with your local governments' laws and regulations, if and to the extent
of such laws being applicable.

We reserve the right to limit, in our sole discretion, the availability
of the SPN Services or any portion thereof, to any person, entity,
geographic area, or jurisdiction, at any time. Other exclusions to the
service, may also include and are not limited to war zones.

## Article 18. No logs policy

We do not log or store any records on user activity using our SPN
Service: however, you are required to create a user account,
subscription in order to use Safing ICS Technologies GmbH Services,
primarily the SPN, we are committed to your privacy and do not collect
or log browsing history, traffic destination, data content, IP
addresses, or DNS queries from Subscribers connected to our SPN.

For the avoidance of all doubt, should any government body or law
enforcement agency comply Safing ICS Technologies GmbH to release such
subscribed user information, listed above, we cannot supply this
information as the data does not exist, and is therefore not in our
possession.

## Article 19. Do not track

As our services work on a globalised internet, (barring any geographical
exclusions) in conjunction with CalOPPA, and our no logs policy, our SPN
service uses a do not track policy, please read our [**Privacy Policy Article 11.**]({{ config.base_url }}/privacy/#article-11-do-not-track) to see how we protect any and all data, please also read
[**Article 23.**](#article-23-warranties-and-disclaimers) Warranties
and disclaimers

## Article 20. Children's Online Privacy Protection Act (COPPA)

The services offered by Safing ICS Technologies GmbH are primarily aimed
at members of the public that are over the age of eighteen (18) years,
you are responsibility for your child's online presence, we do not, and
will not, knowingly supply any child with our services, please read our
[**Privacy Policy Article 10.**]({{ config.base_url }}/privacy/#article-10-childrens-online-privacy-protection-act-coppa). For clarification.

## Article 21. Indemnification

You agree to indemnify, defend, and hold harmless Safing ICS
Technologies GmbH, its officers, directors, employees, members,
partners, agents, and suppliers, from any and all claims and expenses,
including attorneys' fees, arising out of your use of the Content and
Service, including but not limited to your violation of this Agreement.

We may, at our sole discretion, assume the exclusive defence and control
of any matter subject to indemnification by you, the assumption of such
defence or control by us, however, shall not excuse any of your
indemnity obligations.

## Article 22. Amendments

These terms of service are classed as living documents, and as such will
evolve, or change along with the evolution of our services and company,
we reserve the right to modify these Terms of Service, [Privacy Policy]({{ config.base_url }}/privacy/)
and "AUP" as and when required to keep up with and not limited to,
changes in company and privacy laws.

Subscribers to our services will be informed of the nature of any
changes or modifications as soon as they are posted on our website,
changes and modifications shall take effect during the time period
stated on the day of being posted on our website, and normally within 30
days of notification.

For subscribers registering after any changes or modifications to these
terms of service have been posted online, said changes or modifications
shall be immediately applied, as new subscribers will have expressly
accepted them when they open a new account, or by purchasing a
subscription.

## Article 23. Warranties and Disclaimers

**General Reference**. Safing ICS Technologies GmbH, cannot and will not
be held responsible for the actions of its subscribed members whilst
using any of our services including and not limited to the SPN, website
and forums, such actions that are in breach of [**Article 13., AUP**](#article-13-aup-acceptable-use-policy), will result in a termination of service, without refund or compensation of any kind, in
such an event, Safing ICS Technologies GmbH may seek legal costs,
damages, and fees from the subscriber or his/her beneficiaries through
the Austrian court system.

Safing ICS Technologies GmbH, will endeavour to run our services to the
best of our abilities in all circumstances, however, we will not be
responsible or held liable in any way shape or form for, any delay or
failure to perform to the extent, due to unforeseen circumstances beyond
our reasonable control, including, and without limitations, failures of
your telecommunications or internet service providers, Force Majeure,
earthquakes, fires, floods, embargoes, labour disputes and strikes,
riots, war, novelty of product manufacture, or any other unanticipated
product development problems, and acts of civil and military
authorities.

**Reference** [**Article 5**.](#article-5-functioning-of-the-website-and-services) Functioning
of the website and Services. For the avoidance of all doubt, Safing ICS
Technologies GmbH, is in no way shape or form responsible for your
internet providers service including and not limited to its ping, speed,
or level of service, or connection, we will not be held responsible for
paying any compensation or refunds due to your lack of service due to
your ISP (Internet Service Provider).

Safing ICS Technologies GmbH, is in no way shape or form responsible for
your mobile devices, service providers charges, including and not
limited to, data charges, roaming charges, and contract charges of any
and all kinds, it is your responsibility to make sure that you have the
correct level of service including data plan in place.

**Reference** [**Article 6**.](#article-6-subscription) We warrant that
any period of subscription is exactly what it says, however there are a
number of factors that, may be beyond our control, or reduce the limit
of this time period, these are by way of example only and not limited
to:

-   Safing ICS Technologies GmbH, changing the product extensively by
    way of replacement of entire service.

-   Safing ICS Technologies GmbH, is subject to a takeover, hostile or
    not.

-   Safing ICS Technologies GmbH, goes in to liquidation and ceases to
    trade.

In all cases Safing ICS Technologies GmbH will do everything we can to
possibly avoid such circumstances and will keep subscribers up to date
with any and all information that may affect their subscriptions in a
prompt and timely manner.

Should Safing ICS Technologies GmbH, go into liquidation and cease to
trade, all subscriptions will close on the cessation of the company.

**Reference** [**Article 15.**](#article-15-third-party-websites) Third
party websites. If a third party causes any issues that affects our
service to you the member which is beyond our control, Safing ICS
Technologies GmbH, are not responsible for any such service-related
issues.

If a third party fails in some form or manner, Safing ICS Technologies
GmbH, is not responsible for such service-related issues.

If a third party gains ultimate control over the service that we provide
to you, Safing ICS Technologies GmbH, are not responsible for any
service-related issues, but may terminate your service based upon breach
of [**Article 13., AUP**](#article-13-aup-acceptable-use-policy).

If any service-related issues do occur of which the issue is directly
caused by third party interaction, you are not entitled to a refund in
any such way, Safing ICS Technologies GmbH, cannot and will not be held
responsible or liable for member's actions on third party sites or
companies.

**Reference** [**Article 17.**](#article-17-geographical-access) Geographical access. Safing ICS Technologies GmbH, cannot and will not be held liable for the lack of access, or restrictions to any of our
services due to the actions taken by your local governments' laws and
regulations, privacy based or not, it is your responsibility to check
whether or not you can use our service in your geographic area, or
jurisdiction.

Geographical access denial is not grounds for a refund of any
description under [**Article 10.**](#article-10-your-right-to-cancel)
Your right to cancel, and could be considered a breach of these terms of
service.

**Reference** [**Article 19.**](#article-19-do-not-track) Do not track. as
we employ a do not track policy on our SPN service, we may not respond
to a do not track request from you, however, in all cases, Safing ICS
Technologies GmbH cannot and will not be held responsible for your
actions, or the actions of any third party sites you may visit,
including and not limited to the payment gateways we use to collect
subscription payments, i.e. PayPal, Stripe, or any credit card company
or bank you may use.

## Article 24. Jurisdiction and Applicable Law

As Safing ICS Technologies GmbH is registered in Austria, this contract,
between you and Safing ICS Technologies GmbH shall be governed by
Austrian law, as such, any and all disputes will be decided only through
the Austrian court system.

## Article 25. Contact us @

Contact information for all departments dealing with your accounts and
services are as follows:

General enquiries about the services provided by Safing ICS Technologies
GmbH: <enquiries@safing.io>

The rights of use granted by ourselves to our subscribers:
<office@safing.io>

Technical support/Account enquires, terminations and support:
<support@safing.io>

Account cancellations: <cancellations@safing.io>

We welcome your input, any feedback is helpful to aid the development of
our services: <feedback@safing.io>

## Article 26. Final note

For the avoidance of all doubt, and as a final note, you the subscriber,
must read and agree to these terms of service, and also read our
[**Privacy Policy**]({{ config.base_url }}/privacy/) before using any of the services provided by Safing
ICS Technologies GmbH, including and not limited to the SPN, website,
and forums, otherwise the making of an account/subscription will be
taken as your acceptance of the full terms of service and Privacy Policy
in their entirety.

Thank you for taking the time to read our Terms of Service on how we
operate our service and the guidelines we follow.

© Safing ICS Technologies GmbH  
2020/21 
All rights reserved.