Terms of Service

Last updated: October 9, 2026

These Terms of Service ("Terms") are a legal agreement between the individual or legal entity identified in an Order Form or in the online sign-up ("you") and SafeBind AI LLC ("SafeBind," "we," "us," or "our"), governing your access to and use of the SafeBind website, applications, consoles, capture SDK, and APIs (together, the "Service"). By creating an account, clicking "I agree" or a similarly labeled button, signing an Order Form, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company, you represent that you are authorized to bind that company, and "you" refers to that company. Accounts registered by bots or other automated means are not permitted and may be deactivated without notice.

By accessing or using any part of the Service, you agree that you have read, understood, and agree to be bound by these Terms.

1. Definitions

Capitalized terms have the meanings given here or where they first appear in these Terms. A term defined in a later Section has that meaning throughout.

"Affiliate" means an entity that controls, is controlled by, or is under common control with a party, where control means direct or indirect ownership of more than fifty percent (50%) of the voting interests of the entity or the power to direct its management.

"CCPA" means the California Consumer Privacy Act of 2018, as amended, including by the California Privacy Rights Act of 2020 (Cal. Civ. Code § 1798.100 et seq.), together with its implementing regulations. Terms the CCPA defines, including "personal information," "business purpose," "service provider," "sell," and "share," have the meanings the CCPA gives them when used in these Terms and the DPA, and the corresponding meanings under any comparable state privacy law that applies.

"Confidential Information" has the meaning given in Section 13.

"Consumer" means an individual whose interaction with a web form is captured by the Service.

"Contracted Account" means an account governed by an Order Form (see Section 4).

"Customer Data" has the meaning given in Section 6.

"Hosting Page" means a web page on which you install the SDK (see Section 8).

"Lead" means the record of a Consumer's inquiry submitted through a form on a Hosting Page.

"Lead Buyer" means an account holder that verifies or retains Records on Leads it receives; "Publisher" (or lead seller) means an account holder that installs the SDK to originate Records on its own web forms (see Section 2). An account may be both.

"Order Form" has the meaning given in Section 4.

"Retention" means placing a Record on Retention through the Service, which keeps its evidence for the retention period stated in Section 6; a Record so placed is "retained."

"SafeBind Record" or "Record" means the signed, independently timestamped record the Service creates for a captured Session, together with the evidence it references (see Section 7). Earlier versions of these Terms, and some parts of the Service, call it a "Certificate"; the two words mean the same thing.

"SafeBind Technology" has the meaning given in Section 11.

"Save Window" means the period after a Record is sealed during which you may place it on Retention yourself at the standard per-Record fee (see Section 6). Earlier versions of these Terms called it the "Claim Window"; the two names mean the same period.

"SDK" means the SafeBind capture software you install on your web pages, including its script, documentation, and updates.

"Sensitive Data" means information that, if disclosed without authorization, could cause significant economic, reputational, or privacy harm to a Consumer, including Social Security numbers and other government-issued identification numbers (such as driver's license and passport numbers); payment-card, bank-account, and other financial-account numbers; passwords and security-challenge answers; biometric data; health information protected under the Health Insurance Portability and Accountability Act ("HIPAA"); information about children protected under the Children's Online Privacy Protection Act ("COPPA"); and any other category that applicable law treats as sensitive.

"Service" has the meaning given above, and includes the SDK, the console, the APIs, and the Records.

"Session" means the Consumer's interaction recorded by the SDK, which may span more than one Hosting Page on the same internet domain and ends when the Record is sealed or after a period of inactivity. The current session parameters are published in the SafeBind documentation.

"User" means an individual login authorized to use the Service under an account (see Section 3).

"Third-Party Services" has the meaning given in Section 2.

"Verification Results" has the meaning given in Section 2.

2. The Service

SafeBind provides web-session-event-capture and -verification tools. The Service captures a tamper-evident record of the putative consent moment on the Hosting Pages you operate, creates portable Records, stores that evidence, and returns verification and fraud-signal results to authorized parties. Features may change, improve, or be discontinued over time.

Publishers and Lead Buyers. These Terms govern all account holders. You may use the Service as a Publisher / lead seller — installing the SafeBind capture SDK to originate Records on web forms you own or control — or as a Lead Buyer — verifying and retaining Records on Leads you receive, scored against your own rules — or both. If you install the SDK, Section 8 (Publisher and SDK terms) also applies to you. In every case, each party is responsible for its own compliance: the Publisher for the disclosures and consent obtained on its forms, and the buyer for how it uses a Record and contacts a Consumer.

Verification Results. In addition to Records, the Service returns automated analyses of the captured evidence ("Verification Results"): for example, whether the disclosure a Consumer saw names you, or names a partner list that does, and which contact channels it permits; whether the details the Consumer submitted appear fabricated or inconsistent; how the form was filled in; network and device signals; and a screening outcome scored against rules you configure. Verification Results are generated by automated systems, including large language models, from the evidence captured. They are probabilistic, may be incomplete or wrong, and are signals for your own decision, not determinations of fact or law (see Section 12). You are responsible for the rules you configure and for how you act on Verification Results, and SafeBind may add, change, or retire particular analyses over time.

Third-Party Services. "Third-Party Services" means services, software, data, content, and other materials, in any form or medium, that are not proprietary to SafeBind, including the third-party hosting, network, timestamp, payment, and IP-intelligence providers the Service relies on and any integration the Service offers with a third party's product. The Service may let you connect a Third-Party Service under your own account with its provider. When you do, you instruct SafeBind to send the relevant Customer Data to that provider on your behalf and under your credentials; your agreement with the provider governs its handling of that data and any fees it charges, you are responsible for complying with that agreement, and SafeBind is not a party to it. Third-Party Services are subject to their providers' own terms, which you accept when you enable them. SafeBind does not control Third-Party Services that you connect or that are offered as integrations with another party's product, makes no warranty about them, and is not responsible for their availability, accuracy, or conduct, and SafeBind may add, change, or discontinue an integration at any time. The providers SafeBind itself engages to operate the Service and that handle personal information on its behalf are subprocessors, for which SafeBind remains responsible as the DPA provides. The Service is designed to support current versions of major browsers; some browsers or versions may not be compatible.

3. Eligibility, accounts & API keys

The Service is intended for businesses and their authorized Users. You must be at least the age of majority in your jurisdiction and authorized to enter into these Terms. You must provide your full legal name, a valid email address, and any other information requested in the Order Form or online sign-up. An account represents the legal entity using the Service. It may have multiple Users, each of whom must abide by these Terms, and you are responsible for your Users' compliance. A User may be associated with more than one account and is bound by these Terms as accepted for each of them.

You are responsible for the accuracy of your account information, for keeping your credentials confidential, and for all activity that occurs under your account, including configurations made by you or by us at your direction and any use of your API keys by you or by anyone you have given them to. Your API keys are SafeBind Confidential Information. Notify us immediately of any unauthorized use of the Service or any known or suspected compromise of your credentials. We may require multi-factor authentication for Contracted Accounts, and will enforce it for any account that asks us to.

You will not disclose the results of any benchmarking or performance testing of the Service without our prior written consent, and will not attempt to circumvent usage tracking, usage limits, or other use restrictions built into the Service.

4. Order Forms & Contracted Accounts

An "Order Form" is a written document signed by you and SafeBind, or an electronic order submitted by you and accepted by SafeBind, that identifies the parts of the Service you have agreed to purchase and the corresponding fees, volumes, billing start date, term, and any special terms. Each Order Form incorporates these Terms by reference, and an account governed by an Order Form is a "Contracted Account." Where an Order Form conflicts with these Terms, the Order Form governs as to that conflict; in all other respects these Terms apply to Contracted Accounts exactly as they apply to online sign-up accounts. Terms printed on a purchase order or similar document have no effect. Your Affiliates may use the Service only under their own accounts or where an Order Form expressly covers them, and you are responsible for their compliance.

5. Fees & payment

Billing. Online usage is billed against a prepaid balance or a payment method on file, processed by our payment provider (Stripe). For Contracted Accounts, unless the Order Form says otherwise, we invoice recurring and committed fees in advance and usage-based fees in arrears, payment is made by automatic ACH debit or card on file, and fees accrue from the billing start date in the Order Form whether or not you have completed the automatic-payment setup or begun using the Service. Fees are based on metered usage as recorded by SafeBind, which is the record of usage for billing. Because usage is consumed as it is incurred, fees for usage already delivered, prepaid minimums, and committed fees are non-refundable except where required by law. If you close an online account, we will refund any unused prepaid balance on request, less any amounts you owe. If you use parts of the Service that are not listed in your Order Form or enabled in your online account, you agree to pay for them at the published rates then in effect.

Prices. We may change published prices prospectively; the price in effect when usage is incurred applies to that usage. Rates in an Order Form are fixed for its initial term. On each renewal of an Order Form we may adjust subscription and usage rates to our then-current published pricing or market value.

Late payment; disputes. Amounts not paid when due bear interest at one percent (1%) per month or the maximum rate permitted by law, whichever is less, and you will reimburse our reasonable costs of collection, including reasonable attorneys' fees. You must notify us in writing of any disputed fee, with a reasonably detailed explanation and supporting documentation, within ten (10) business days after the invoice date, or the fee is deemed accepted. All amounts are payable in full without setoff, recoupment, counterclaim, deduction, or withholding, other than tax withholding required by law. If a charge fails or an undisputed amount is past due, we may suspend the creation of new Records and console and API use until payment is resolved; sealed evidence already held is not deleted or shortened because of non-payment, and remains subject to the retention periods in Section 6.

Taxes. Fees exclude sales, use, VAT, GST, and similar taxes, which you will pay or reimburse to us, other than taxes on our income. You will give us the information we reasonably need to determine our tax-collection obligations.

6. Your data & our role

As between you and SafeBind, you own all data, information, and material submitted to, captured by, or stored in the Service through your use of it — including the information Consumers enter on your forms and their interactions with your Hosting Pages, the disclosure and consent language shown to them, the technical details of each session, and the Records created from them ("Customer Data"). Customer Data includes personal information of Consumers, and SafeBind handles that personal information only as your service provider under this Section and the DPA. You grant SafeBind a limited, non-exclusive, non-transferable (except as part of an assignment of these Terms under Section 23), royalty-free license to host, process, transmit, and display Customer Data as necessary to provide the Service, to comply with law, and as otherwise instructed by you. Nothing in these Terms grants SafeBind any right to collect, use, sell, share, or distribute Customer Data except in accordance with these Terms and the DPA.

No use for SafeBind’s own purposes. SafeBind uses Customer Data, including in aggregated or de-identified form, only to provide, secure, maintain, and bill for the Service — for example, to measure the Service’s reliability and to detect faults, fraud, and abuse affecting it. SafeBind does not use Customer Data for any other purpose of its own, in any form, and does not sell, publish, or otherwise disclose aggregated or de-identified information derived from it. SafeBind’s rights in Customer Data do not include any use for its own purposes, and any such use is a material breach of these Terms. Where SafeBind creates de-identified information from Customer Data for those purposes, it will take reasonable measures to ensure the information cannot be associated with a Consumer or household, publicly commits to maintain and use it only in de-identified form and not to attempt to re-identify it, and will contractually obligate any recipient to do the same.

Support and quality review. You authorize SafeBind personnel to open a Record under your account, and the evidence it references, where reasonably necessary to (a) provide support you request, (b) investigate a suspected fault in capture or verification, including a consent the Service may have missed, (c) check the quality of capture and verification on a sample of Records, or (d) respond to a legal request or a data subject request concerning that Record. Each opening is a separate act that records its purpose and a note, lasts no more than twenty-four (24) hours, and appears in your account's audit log with its purpose, the note, the staff member who opened it, and the time. The Consumer's contact details are shown only after a further recorded step, which also appears in your audit log. Separately, SafeBind's operators may read a Record's stored evidence through an audited operator route where reasonably necessary to recover, check, or repair the storage of that evidence; each such read records its reason and appears in your audit log as an operator read. Each opening and each operator read is part of providing the Service to you: it is limited to what its purpose requires, subject to Section 13, never used for SafeBind's own purposes, and never billed as a save or a retrieval.

Lead Buyer results. If you use the Service as a Lead Buyer, you also authorize SafeBind personnel, for the purposes listed in the preceding paragraph, to open the stored results of the Service's analysis of a Record for your account: the screening and naming settings applied and your account's current screening and naming settings, whether and how you were found to be authorized to receive the Lead, and the decision recorded for you. Each such opening is a separate act that records its purpose and a note, lasts no more than twenty-four (24) hours, is made only while that Record is also open under its Publisher's authorization in this Section, and appears in your account's audit log with its purpose, the note, the staff member who opened it, and the time. An opening never includes contact details you submit to match a Lead, which the Service compares and does not store. Each opening is part of providing the Service to you, is limited to what its purpose requires, is subject to Section 13, is never used for SafeBind's own purposes, and is never billed.

You control this authorization with the "Let SafeBind review records for quality and support" setting in your account, which is on unless you turn it off. While it is off, SafeBind personnel will not open or read any Record under your account by either means, or open the results of the Service's analysis of a Record for your account, except where required by law. If you turn it back on, this authorization applies to every Record still retained under your account, and to those results, whenever the Record was captured. Each change to the setting appears in your audit log. The Service's automated processing of your Records to provide the Service to you is not an opening under this Section.

Record holders. A Record is designed to travel with the Lead it evidences. By delivering or offering a Lead with its Record, you instruct SafeBind, as your service provider, to open that Record when a Lead Buyer presents it, to analyze it, including against that buyer’s own screening rules, and to return the results to that buyer, so that you can sell the Lead with its evidence. You agree that SafeBind may provide your Customer Data contained in a Record to the holder of that Record — for example, a Lead Buyer to whom you have authorized or shared it — in accordance with the Record's authorization and the buyer's own account status. Anyone who holds a Record's link can see that the Record exists, its identifier, and its save deadline, but no Customer Data, unless and until that party becomes an authorized holder of the Record itself.

With respect to personal information of your Consumers contained in Customer Data, you are the business/controller and SafeBind is your service provider/processor. SafeBind will process such personal information only to provide the Service, in accordance with your instructions and our Privacy Policy, and will not sell it or use it for its own purposes. Our Data Processing Addendum (the "DPA") is incorporated into these Terms and applies to all personal information SafeBind processes on your behalf; a countersigned copy is available on request.

Service-provider commitments. SafeBind will (i) collect, use, retain, and disclose personal information only for the business purposes described in these Terms; (ii) not sell or share it, and not use or disclose it for SafeBind's own commercial purposes or outside the direct business relationship between you and SafeBind; (iii) limit its processing to what is reasonably necessary and proportionate to those purposes; (iv) act promptly on your instructions to provide, amend, transfer, or delete personal information, subject to the retention and legal-hold provisions below; and (v) notify you, within ten (10) business days, of any verifiable consumer request, complaint, or regulatory inquiry it receives that relates to your Customer Data; and (vi) if a law requires SafeBind to disclose personal information for a purpose unrelated to providing the Service, inform you of the requirement first and give you the opportunity to object to or challenge it, unless the law prohibits that notice. SafeBind certifies that it understands these restrictions and will comply with them, and will reasonably assist you in responding to consumer requests, taking into account the nature of its processing and the information available to it.

Sealing, retention, and the Save Window. Every session captured through your account is signed and independently timestamped (RFC-3161) shortly after capture, including a session in which no consent submission was detected. Where you have not placed the Record on Retention, the sealed evidence is retained for 90 days from capture if no consent submission was detected, and for 12 months from capture if one was. Placing a Record on Retention keeps the evidence for five years from the date it is placed on Retention. All of these periods are fixed by SafeBind and are not configurable by customers. A Record created as test traffic — through the capture snippet’s test parameter, or on an account SafeBind has designated a test account — is integration data, not consent evidence: it is retained for 7 days from capture and then deleted, and placing it on Retention does not extend that period. Within an initial Save Window — currently 7 days where no consent submission was detected, and 90 days where one was — you may place a Record on Retention yourself at the standard per-Record fee. After that window the Record is not deleted: the evidence is still held for the balance of its retention period, and we will make it available to you as a paid retrieval at the fee then in effect. Holding evidence that has not been placed on Retention after its Save Window is a convenience that SafeBind provides on an "as is" basis: SafeBind has no liability if such evidence is unavailable, and the way to keep evidence is to place the Record on Retention within the Save Window. Save windows are set by SafeBind and published; we may change them prospectively with notice, and a change never shortens the window for a Record already created — each Record's save deadline is fixed when it is sealed and is shown to you on the Record itself. The retention periods stated in this paragraph are not reduced without notice. Retention is subject to any legal hold and to your deletion instructions as controller, as described in our Privacy Policy. By default we retain consent evidence for the periods above and do not delete it in response to a consumer request; you decide, as controller, whether specific evidence must be retained to establish, exercise, or defend legal claims. Because deleting a consent record can impair your ability to defend a claim, including under the TCPA, we retain by default and act on your explicit deletion instruction.

Notice of deletion. If evidence that a Record references is deleted or redacted — on your instruction as controller, in response to a Consumer request you direct SafeBind to honor, or as required by law — SafeBind will notify each account that then holds that Record, identifying the Record and the date the evidence was deleted, so that the holder knows the evidence it relies on is no longer available.

Sensitive Data. The SDK is designed to redact Sensitive Data before it leaves the Consumer's browser. It identifies fields to redact from a field's type, its browser autocomplete tag, and its name and label — for example Social Security and driver's license numbers, payment-card numbers and security codes, bank-account numbers, passwords, and security-challenge answers — and it redacts any field you mark with the data-sb-sensitive attribute. A redacted field's value is not transmitted to SafeBind. Because that identification depends on how your forms name and label their fields, you are responsible for marking every field that collects Sensitive Data, and you will not rely on the SDK to find them for you. The SDK redacts the values of Sensitive Data fields only: it captures the full address of the Hosting Page, including any parameters after the question mark, the contents of hidden fields, and the page as rendered, so you will not place Sensitive Data in a page address, a hidden field, or the text or markup of a Hosting Page. You will not use the Service to collect biometric data or information protected under HIPAA or COPPA: you will not solicit those categories through forms on which the SDK is installed, and you will remove the SDK from any page that collects them. You will not attempt to circumvent these protections.

Your responsibilities. You represent and warrant that you have the authority and a lawful basis to collect, process, share, sell, and use the data you capture, receive, or buy through the Service, in compliance with applicable law. You are solely responsible for that lawful basis; for providing clear and conspicuous disclosures and obtaining valid consent for all such use cases (including, without limitation, selling or buying the consumer data and using it to contact a Consumer in any manner, including, without limitation, via telephone, telephone call, text message, email, or otherwise); for maintaining a privacy policy that describes the categories of personal information you collect, how you use it, with whom you share it and how they use it, and your use of third-party session-capture technology, including SafeBind's, and that complies with applicable law, for which you are solely responsible; for the accuracy of the consent language you configure and its fitness and lawfulness for your and your customers' intended and actual uses; for honoring Consumer rights and opt-outs; and for complying with all laws applicable to your business, including the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the National Do Not Call Registry rules, comparable state telemarketing and do-not-call laws (e.g., FTSA, VTPPA), the CAN-SPAM Act, FCRA, CIPA and other state wiretap and call-recording laws, CCPA and other state privacy laws, and any other applicable privacy or consumer-protection laws. Any claims relating to or arising out of acts or omissions that would qualify as an actual or alleged breach of this clause trigger your indemnification obligations under Section 18 below.

7. Records

A Record is evidence of what the Service captured. You may view, export, and share a Record through the Service as your account permits. You will not fabricate, forge, alter, or tamper with any Record, or present a reproduction of one as though it were created or verified by SafeBind, and you will notify us immediately in writing of any Record you suspect or know to be fraudulent. You will deliver a Record only with the Lead it evidences: you will not substitute, reuse, or present the Record of one session as evidence for another Lead or Consumer, and you will transmit Records and the evidence they reference only to the Lead Buyers and other parties these Terms authorize. A Publisher's Records are for the use of the Publisher's account and the Lead Buyers the Publisher authorizes; a buyer's ability to open a Record follows that authorization and the buyer's own account and payment status. Records may not be resold, transferred, or assigned to any other party, other than by sharing them through the Service as these Terms permit. A legal export, download, or other copy of a Record is for the use of the account it was provided to: you may give it to your counsel, insurers, auditors, regulators, and courts, and to the parties to a dispute or investigation that concerns it, but you may not provide it to a Lead Buyer or any other third party in place of that party's own access to the Record through the Service. The SDK runs in the Consumer's browser and may not create a Record for every Lead (for example, where JavaScript is disabled or the page is abandoned); how to treat a Lead without a Record is your decision. Once evidence has been purged at the end of its retention period, SafeBind has no further obligation with respect to it and disclaims any liability related to evidence that was not placed on Retention.

Multiple holders. A Record may be held by more than one account — typically the Publisher whose form created it and a Lead Buyer that has saved it. Each account that holds a Record is an independent controller of the personal information in the copy it holds (or, where it holds the Record on behalf of another business, that business's processor), including any copy it exports from the Service, and is responsible for honoring consumer privacy requests as to that copy and for its own use of it. Holders cooperate with one another as applicable law requires when a Consumer exercises a privacy right, for example by passing a deletion request on to a holder known to have received the Lead. Each holder's copy within the Service is independent: an erasure carried out by one holder on a Consumer's request removes the Consumer's personal information from that holder's copy only, and does not reach the copy of any other holder, who remains responsible for responding to the Consumer's request as to its own copy. A Record that a Lead Buyer has placed on Retention is kept for that buyer for the retention period stated in Section 6 regardless of any later instruction from the Publisher whose form created it. Copies that have been exported from the Service, or that a holder has stored elsewhere, are outside SafeBind's control and outside any erasure within the Service; the holder that made them is responsible for them.

8. Publisher and SDK terms

This Section applies to you if you install the SafeBind capture SDK on a web page (a "Hosting Page"). It adds to, and does not replace, the rest of these Terms.

What the SDK does. The SDK records the Consumer's Session on the Hosting Page — the page as rendered, the changes to it, and the Consumer's interactions with it, from the time the SDK loads until the Record is sealed — including the disclosure text shown and the affirmative action taken, and the information the Consumer enters on the form, so a Record evidences what the Consumer submitted, not merely that a form was shown. The SDK places the Record's URL in a hidden field on your form so that it travels with the Lead to the Lead Buyer you deliver the Lead to. It redacts Sensitive Data as Section 6 describes. Tagging elements of your Hosting Page as SafeBind's documentation describes improves the accuracy of the disclosure and affirmation the Service identifies, and flagging a field as sensitive prevents its contents from being recorded; tagging does not otherwise limit what the SDK records. It loads asynchronously and does not set cookies. It does not track Consumers across websites; and it does not build profiles of their browsing or create audiences, in-market lists, or retargeting segments, for SafeBind or for anyone else. It derives a non-reversible device fingerprint that SafeBind uses only to detect fraud and automated submissions. SafeBind represents and warrants that it will not use the SDK for any malicious purpose, including to take control of, alter, or interfere with your Hosting Page or your systems, other than through the documented behavior of the SDK, including the hidden fields it adds to your forms. The Service is offered for United States traffic only (see Section 9).

SDK license. Subject to these Terms, SafeBind grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the SDK on your Hosting Pages during the term. All rights not expressly granted are reserved. You will not, and will not permit others to: copy, resell, sublicense, or transfer the SDK; reverse engineer, decompile, or attempt to derive its methods or interfaces; interfere with its operation; or use it to attack, probe, or disrupt SafeBind or any third party. SafeBind may monitor SDK use and block any party associated with suspicious activity.

Notice and consent on your Hosting Pages. In addition to Section 6, you represent, warrant, and agree that, you will: (i) provide, or require the operator of the Hosting Page to provide, clear and conspicuous notice on the Hosting Page before the SDK loads and before any information about the Consumer or the session is collected — not merely before the Consumer begins entering information — and obtain, before that collection begins, any consent applicable law requires for the capture itself; and separately obtain from the Consumer, on the Hosting Page, any consent applicable law requires for the contact, including, where required, valid express written consent to contact meeting the requirements of applicable law, including the TCPA, it being understood that the consent to contact is what the session documents and need not exist before the SDK begins recording; configure the loading of the SDK and any consent controls on the Hosting Page so that collection does not begin until that notice has been given and the consent required for the capture, where applicable law requires one, has been obtained, and not bypass those controls; preserve the version of the notice shown, the Consumer's affirmative action for the capture and for the contact, and the timestamps and configuration that establish that sequence; and notify SafeBind promptly of any failure of that sequence and suspend capture on the affected Hosting Page until it is corrected; (ii) maintain a privacy policy that clearly and conspicuously discloses the use of third-party session-capture technology (including SafeBind's for as long as you use the Service), the categories of information collected, how it is used, with whom it is shared, and how those parties use it, and that complies with applicable law; and (iii) have all necessary rights, licenses, consents, and authority to collect and process the data captured on your Hosting Pages — including the page content, images, and embedded materials the SDK records — to have SafeBind store that material as evidence, and to share Records with the Lead Buyers you authorize; (iv) ensure that your Hosting Pages contain no code designed to attack, probe, or interfere with the SDK, the Service, or any other customer; and (v) be solely responsible for the development, operation, and maintenance of each Hosting Page, and take reasonable precautions to prevent violations of these Terms on it. These obligations bind anyone who installs the SDK or causes it to be installed. If the operator of a Hosting Page is not the account holder, you will ensure that the operator has accepted these Terms under its own account or is otherwise bound to perform this Section 8, and you remain responsible for the operator's performance. Your failure to meet these obligations is a material breach of these Terms. SafeBind publishes a description of what the SDK captures that you may quote (in the console, on the Install page), and a Consumer Notice written for Consumers, which describes the same capture in plain language and which you may link to from your own privacy policy; what your notices, consents, and privacy policy must say is for you and your counsel to determine.

Sensitive Data on your pages. The Sensitive Data rules in Section 6 apply to every Hosting Page: mark every field that collects Sensitive Data with the data-sb-sensitive attribute, and remove the SDK from any page that collects biometric data or information protected under HIPAA or COPPA.

Website performance and SDK updates. The SDK is designed to load asynchronously without materially affecting page-load times; if you believe it is affecting performance, remove it and notify us so we can assist. SafeBind does not guarantee any particular page-load time, compatibility with any browser, tag manager, or third-party script, or any effect on your conversion rates, and you are responsible for the cost of changes to your own integration that an SDK update requires. We may update the SDK from time to time; material updates that could affect your Hosting Pages will be communicated through our documentation or by email to your account, and we will use reasonable efforts to allow testing before release. On termination you will remove the SDK from your Hosting Pages (see Section 19).

9. Acceptable use

You agree not to, and not to permit others to:

• use the Service in violation of any applicable law or third-party right;
• capture, share, sell, or use personal information without providing required notices or obtaining required consent, or in violation of your own privacy policy;
• upload malicious code, or probe, scan, or test the vulnerability of, or interfere with, the Service;
• reverse engineer, decompile, or attempt to derive the source code of the Service, except as permitted by law;
• modify, copy, or create derivative works of any part of the Service;
• pass through, resell, sublicense, rent, or otherwise provide the Service to third parties, or allow third parties to use it under your account, except as expressly permitted;
• use the Service on traffic originating outside the United States;
• use the Service to generate fraudulent, seeded, or "trap" records, or to manufacture claims or litigation.

We have no obligation to monitor your Customer Data or your use of the Service, but we may do so, and may remove your Customer Data, consistent with these Terms, or restrict use that we reasonably believe violates these Terms.

10. Technical updates & professional services

Technical updates. We may update or modify the Service from time to time. We will use reasonable efforts to give advance notice, through our documentation or by email to your account, of any update that materially affects your ability to use the Service or that requires you to change your integration, and to allow testing before release. New features are subject to these Terms.

Professional services. We may offer integration, customization, or other professional services on an hourly or project basis, performed only with your advance approval and invoiced at the rate in your Order Form or otherwise agreed in writing. Prepaid professional-services hours are not refundable and do not roll over. Estimates are estimates only. SafeBind controls the manner and means of performing professional services, may subcontract them, and owns all intellectual property in anything developed in the course of them.

11. Intellectual property

The Service, including all software, SDK code, documentation, Record formats, verification tooling, designs, and content (excluding Customer Data), together with all technology, processes, algorithms, know-how, and trade secrets embodied in it ("SafeBind Technology"), is owned by SafeBind or its licensors and is protected by intellectual-property laws. The Service is licensed, not sold. Subject to these Terms, SafeBind grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service during the term for your own business purposes. All rights not expressly granted are reserved, and nothing in these Terms grants any right by implication, estoppel, or otherwise. If you provide feedback, you grant SafeBind a royalty-free, perpetual license to use it without restriction, and you assign to SafeBind any rights you may acquire in improvements or derivative works of the SafeBind Technology.

12. No legal advice; no representation, warranty, or guarantee of compliance

13. Confidentiality

Each party may access non-public information of the other or Consumer Data relating or provided to the other, including business, product, pricing, security, Consumer Data, and customer information and anything a reasonable person would understand to be confidential ("Confidential Information"). The receiving party will use the disclosing party's Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it to anyone other than its employees, Affiliates, and advisors who need to know it and are bound by obligations at least as protective. This does not apply to information that is or becomes public through no fault of the recipient, was known to the recipient without restriction before disclosure, is independently developed, is rightfully received from a third party without restriction, or must be disclosed by law, in which case the recipient will give prompt notice where lawful. Your Customer Data, the domains on which you install the SDK, the addresses and parameters of your Hosting Pages, and your traffic volumes are your Confidential Information; SafeBind's disclosures of Customer Data to Record holders under Section 6 are within its performance of these Terms. These obligations continue for three (3) years after the relationship ends or, for Customer Data, for as long as SafeBind holds it, whichever is longer, and, for information that qualifies as a trade secret of the disclosing party under the Defend Trade Secrets Act of 2016 (including the SafeBind Technology), for as long as it remains a trade secret.

14. Security

SafeBind maintains administrative, technical, and physical safeguards designed to protect your Customer Data, including encryption in transit, encryption at rest by our storage providers and, for the archived copy of sealed evidence, under per-Record keys that SafeBind controls, and the evidence-integrity controls described on our Security page at safebind.ai/security. You acknowledge that no security measure is perfect or impenetrable, and that SafeBind cannot guarantee that your Customer Data will never be accessed by unauthorized persons; to the extent permitted by law, SafeBind is not liable for unauthorized access to its systems that occurs despite those safeguards.

15. Publicity

We may identify you as a SafeBind customer in our promotional materials, including by using your name and company logo. You may ask us to stop at any time by emailing contact@safebind.ai; we will process the request within thirty (30) days.

16. Disclaimer of warranties

The Service and all content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, SafeBind and its licensors, providers, and suppliers disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement, and any warranties arising from course of dealing or trade. SafeBind does not warrant that the Service, including any Third-Party Services, will be uninterrupted, error-free, secure, or free of harmful components, that it can be accessed at every location or with every browser or device, that a Record will be created for every Lead, or that results obtained will be accurate or reliable. No advice or information given by SafeBind or its representatives creates a warranty. SafeBind is not liable for loss of Customer Data, except to the extent the loss is caused by SafeBind's gross negligence or willful misconduct, and then only subject to Section 17.

17. Limitation of liability

To the maximum extent permitted by law, in no event will SafeBind, its Affiliates, licensors, or suppliers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, revenues, data, or business interruption, arising out of or related to the Service, even if advised of the possibility of such damages.

SafeBind's total aggregate liability arising out of or related to these Terms will not exceed the greater of (a) the total fees you paid to SafeBind for the Service in the twelve (12) months before the event giving rise to the claim, or (b) one thousand U.S. dollars ($1,000). Any claim must be brought within one (1) year after the event giving rise to it. The exclusions and the cap in this Section 17 limit SafeBind's liability to you; they do not limit your obligations under Section 18. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

18. Indemnification

Indemnification by you. You will defend, indemnify, and hold harmless SafeBind and its Affiliates, members, officers, employees, and licensors from and against any claims, demands, suits, damages, losses, liabilities, and expenses (including reasonable attorneys' fees, court costs, costs of experts and disbursements) arising out of or related to your Customer Data, your forms, disclosures, and consent language, your collection of data from or contact with Consumers (including any claim under the TCPA, FCRA, or state telemarketing or privacy law, and any claim under CIPA or another wiretap, session-recording, pen-register, or trap-and-trace law arising from your deployment of the SDK or your instructions), your use of the Service or of any Record, or your actual or alleged breach of these Terms or of applicable law. Your obligation to defend arises when a claim making such an allegation is tendered to you, whether or not the allegation is ultimately established. In the event of any such claim, SafeBind will promptly notify you of the claim and permit you, through mutually agreed-upon counsel, to answer and defend. SafeBind may, at its expense, participate in the defense with separate counsel; where SafeBind's interests in the defense conflict with yours, SafeBind may retain independent counsel at your expense. If you do not assume the defense of a claim promptly after it is tendered, SafeBind may defend it with counsel of its choosing at your expense, without waiving your other obligations under this Section. You will not settle any claim under this Section 18 without SafeBind's written consent, which will not be unreasonably withheld, and no settlement will be made that does not unconditionally release SafeBind from all liability, or that imposes any non-monetary obligation on SafeBind, without SafeBind's written consent. You will reimburse SafeBind for its reasonable costs, including attorneys' fees, of enforcing your obligations under this Section. You will not publicize any settlement without SafeBind's prior written consent, in SafeBind's sole discretion. You will not stipulate, admit, or acknowledge any fault or liability on the part of SafeBind without its prior written consent, in its sole discretion.

Indemnification by SafeBind. SafeBind will defend you against any claim, demand, suit, or proceeding brought against you by a third party alleging that your use of the Service in accordance with these Terms infringes or misappropriates that third party's United States patent, copyright, trademark, or trade-secret rights (a "Claim Against You"), and will indemnify you for any damages, attorneys' fees, and costs finally awarded against you as a result of, or for amounts paid by you under a settlement approved by SafeBind in writing of, a Claim Against You, provided that you (a) promptly give SafeBind written notice of the claim, (b) give SafeBind sole control of the defense and settlement of the claim (except that SafeBind may not settle a claim in a way that imposes an obligation on you, other than ceasing use of the affected part of the Service, without your written consent), and (c) give SafeBind all reasonable assistance, at SafeBind's expense. If a Claim Against You is made or SafeBind reasonably believes one is likely, SafeBind may, at its option and at no cost to you, (i) modify the Service so that it no longer infringes or misappropriates, (ii) obtain a license for your continued use of the Service, or (iii) terminate the affected part of the Service on thirty (30) days' written notice and refund any prepaid fees covering the remainder of the term for the terminated part. SafeBind's obligations under this paragraph do not apply to the extent a claim arises from Customer Data, Third-Party Services, a combination of the Service with anything not provided by SafeBind, a modification of the Service not made by SafeBind, use of the Service after SafeBind has notified you to stop because of a claim, or your breach of these Terms.

Exclusive remedy. The paragraph "Indemnification by SafeBind" states SafeBind's sole liability to you, and your exclusive remedy against SafeBind, for the claims it describes. Nothing in this Section limits SafeBind's remedies against you for your breach of these Terms.

19. Term & termination

These Terms take effect on the earlier of the date you accept them, the date you first use the Service, or the billing start date in an Order Form, and continue until terminated. Online sign-up accounts are pay-as-you-go and either party may stop or terminate at any time. A Contracted Account continues for the term stated in its Order Form, renews as the Order Form provides, and may be terminated by you only as the Order Form allows; any minimum commitment the Order Form states remains payable for the remainder of the term on early termination. SafeBind may stop providing the Service, or any part of it, on thirty (30) days' notice, and may suspend or terminate your account immediately and without notice if we reasonably suspect that it has been used for fraudulent or unlawful activity or in violation of these Terms, or as required by law. Upon termination, your right to use the Service ends and you will remove the SDK from your pages. You may request export or deletion of your Customer Data; we will retain and delete evidence in accordance with the retention periods described in Section 6, our Privacy Policy, and applicable law, and those retention commitments survive termination. Sections that by their nature should survive (including fees owed, data roles, IP, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution) survive termination.

20. Governing law & dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in this Section.

Binding arbitration. Except as this Section provides otherwise, any dispute arising out of or relating to these Terms or the Service will be resolved by confidential binding arbitration administered by JAMS under its applicable rules, before a single arbitrator, seated in San Francisco, California. Hearings may be conducted by videoconference, and the arbitrator may decide a matter on written submissions where the JAMS rules allow. The arbitrator may award any relief a court could award to an individual party, and the award may be entered as a judgment in any court of competent jurisdiction. Either party may seek injunctive or equitable relief in court to protect its intellectual property or Confidential Information, and SafeBind may bring a claim in court to collect undisputed fees.

Small claims. Either party may instead bring an individual claim in small-claims court in the county where it or the other party resides or has its principal place of business, so long as the claim qualifies for that court and remains there on an individual basis.

Costs. JAMS filing, administrative, and arbitrator fees are allocated as the applicable JAMS rules provide. Each party bears its own attorneys' fees and costs, except that the arbitrator may award them where applicable law or these Terms allow.

Coordinated filings. If twenty-five (25) or more arbitration demands raising similar claims are filed against SafeBind within ninety (90) days by or with the assistance of the same law firm, group of firms, or coordinated counsel, the demands will be administered in batches of no more than twenty-five (25), each batch resolved as a single consolidated arbitration before one arbitrator with one set of administrative fees, with the parties cooperating in good faith with JAMS on the batching process. Any applicable statute of limitations is tolled for a claim from the date its demand is filed until its batch is heard. If JAMS is unable or unwilling to administer batching, the parties will select a comparable administrator that can, and, failing agreement, those demands may proceed in the courts identified below.

Courts. Any court proceeding this Section permits, other than a small-claims action, will be brought in the state or federal courts located in the State of Delaware, and each party consents to their personal jurisdiction and venue.

Class-action waiver. Disputes will be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding. You and SafeBind waive any right to a jury trial and to participate in a class action. This waiver is material and non-severable from the agreement to arbitrate.

21. Changes to these Terms

We may update these Terms from time to time. We will provide you with written notice of any material updates at least thirty (30) days before the date the updated version of these Terms is effective, unless such material updates result from changes in laws or regulations. The current, up to date version of these Terms will be available at https://safebind.ai/terms. Notices for material updates to these Terms will be given in accordance with Section 22. Following such notice, your continued use of the Service on or after the date the updated version of these Terms is effective and binding, as indicated at the top of these Terms, constitutes your acceptance of the updated version of these Terms. The updated version of these Terms supersedes all prior versions, but no change to these Terms that conflicts with any pricing or term clause in a mutually executed Order Form between you and us will be effective until the end of the then-applicable term under that Order Form. If you do not agree to the updated version of these Terms, you must stop using our Service immediately.

22. Notices & electronic communications

When you use the Service or email us, you are communicating with us electronically and consent to receive communications from us electronically. You agree that electronic notices, disclosures, and agreements satisfy any legal requirement that such communications be in writing. Notice from SafeBind to you is effective when sent to the email address on your account or posted in the console. Notice from you to SafeBind must be sent to contact@safebind.ai or to the address in your Order Form. SafeBind may treat a notice or instruction sent from an email address on your account as sent by you.

23. General

Our Privacy Policy and the DPA are incorporated into these Terms by reference. If these documents conflict, the order of precedence is: an executed Order Form, as Section 4 provides; the DPA, as to the processing of personal information; these Terms; and then the Privacy Policy. These Terms, together with the Privacy Policy, the DPA, and any executed Order Form, are the entire agreement between you and SafeBind regarding the Service and supersede all prior proposals and agreements on that subject. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. The parties are independent contractors, and these Terms create no partnership, joint venture, agency, or fiduciary relationship and confer no rights on any third party. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, government action, labor disputes, or failures of third-party networks or utilities. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent, and any attempt to do so is void; SafeBind may assign these Terms, in whole or in part, without restriction.

24. Contact

Questions about these Terms? Contact us at contact@safebind.ai.