End user license agreement (EULA) for the mSafe application.
This Terms of Use Agreement (the “Agreement”) is a legally binding agreement between you (referred to as “User” or “you”) and mSafe B.V., a company registered with the Dutch Chamber of Commerce under number 87981750, with its legal address at Linnaeusweg 9A, 3401 MS IJsselstein (referred to as “mSafe,” “we,” or “us”).
This Agreement governs your use of the mSafe application, the mSafe Outlook add-in and/or the mSafe desktop application (the “Application”) and all related services provided by mSafe.
Note: mSafe B.V. sincerely strives to be a good company where all users feel safe.
Please also try to be a good person when using the Application.
By accessing, using or downloading the Application, you acknowledge and agree to the terms and conditions of this Agreement.
If you do not agree to these terms and conditions, do not use the Application.
- License Grant: mSafe grants you a limited, non-exclusive, non-transferable and revocable license to use the Application solely for secure file transfer and digital document signing in accordance with this Agreement and any user documentation provided by mSafe.
- User Account: You must create an account to use the Application.
You are responsible for keeping your account credentials confidential and for all activities that occur within your account.
- You agree that mSafe may send you SMS messages with 2FA codes via the cell phone number known to us to log into the mSafe application.
mSafe will never use your phone number for any purpose other than sending 2FA SMS codes.
- Restrictions: You may not:
- Sell, rent, sublicense, distribute, transmit or otherwise commercially exploit the Application.
- Copy, reproduce, modify, adapt, translate or create derivative works from the Application.
- Trying to modify, decode, reverse compile, reverse engineer or otherwise derive the source code of the Application.
- Using the Application to undermine democratically elected governments/government officials.
- Share files that contain illegal content under Dutch law, such as, but not limited to:
- Images and videos showing child sexual abuse.
- Terrorist acts.
- Viruses, malware and other harmful files/software.
- Piracy software, torrents, illegal software.
- Copyrighted music, videos and movies for which you are not the copyright holder.
- Simulated sexual activity, detailed nudity or high-impact violent content.
- Murder, attempted murder, rape, torture, kidnapping or threats of violence, suicide.
- Ownership: The Application, its content and trademarks are the exclusive property of mSafe and its licensors.
You agree not to remove, alter or obscure any copyrights, trademarks or other proprietary notices.
- Data Privacy: Your use of the Application is subject to mSafe’s Privacy Policy, which describes the collection, use and protection of your personal information.
By using the Application, you agree to the terms of the Privacy Policy.
- Payment and Subscription: Certain features of the Application may require payment.
You agree to pay all applicable fees as described on the mSafe website.
Subscription terms, including renewal and cancellation policies, are also posted on the website.
- Termination: either party may terminate this Agreement at any time and for any reason by giving notice to the other party.
Upon termination, your access to the Application will be revoked and you must discontinue and delete all copies of the Application.
- Disclaimer of Warranties: The Application is provided “as is” and “as available.” mSafe disclaims all warranties, express or implied, including, but not limited to, fitness for a particular purpose and non-infringement.
mSafe does not warrant that the Application will be error-free or uninterrupted.
- Limitation of Liability: To the extent permitted by law, mSafe shall not be liable for any direct, indirect, incidental, consequential or special damages arising out of or in connection with your use of the Application.
- Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of The Netherlands.
All disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
- Changes to the Agreement: mSafe reserves the right to modify, amend or change the terms of this Agreement at any time.
You will be notified of any material changes, and continued use of the Application constitutes your acceptance of the modified terms.
- Entire Agreement: This Agreement constitutes the entire agreement between you and mSafe with respect to the subject matter addressed herein and supersedes all prior or contemporaneous communications and proposals.
- Responsibility for uploaded files:
13.1 Ownership of User Content: You acknowledge and agree that you are solely responsible for any content, files or data that you upload, share or transmit using the mSafe Service (“User Content”).
You retain full ownership and responsibility for User Content, and mSafe does not claim any ownership rights in User Content.
13.2 File Integrity: mSafe is not responsible for the integrity, preservation or backup of User Content.
It is your sole responsibility to maintain original copies of your files, data or content uploaded to the mSafe Service.
mSafe strongly recommends backing up your files and regularly saving critical data stored within the mSafe Service.
13.3 No Liability for User Content: mSafe disclaims any liability for the accuracy, completeness, legality or appropriateness of User Content uploaded by you or other users of the mSafe Service.
mSafe is not responsible for loss, corruption or unauthorized access to User Content.
13.4 Removal of User Content: mSafe reserves the right to remove or disable access to User Content that violates this Agreement or is reported to infringe the rights of others.
You understand and agree that mSafe may take such actions in its sole discretion and without liability to you or any third party.
13.5 Data Security and Privacy: While mSafe employs security measures to protect User Content, you acknowledge that no data transmission or storage system can be guaranteed to be 100% secure.
You are responsible for taking appropriate security measures to protect your User Content, including the use of strong passwords and encryption where appropriate.
Last updated: 18-08-2023
mSafe B.V.
Linnaeusweg 9A
3401 MS IJsselstein
Netherlands
