SafeTok Webmasters: Terms of Use
Welcome to the SafeTok Site & service – a site & service which allows website owners to offer their users to protect their user accounts by means of different authentication methods offered by Styskin’s Solutions.
1. WHAT DOES THIS CONTRACT COVER?
This is a contract between you and Styskin’s Solutions Limited ("Styskin’s Solutions"). Sometimes Styskin’s Solutions is referred to as "we," "us" or "our". This contract applies to the SafeTok site & service, as well as the SafeTok API. The SafeTok site & service allows website owners to offer SafeTok protection, including different authentication methods, for their website to their website end-users. By signing up for a SafeTok Webmaster account, registering a website with SafeTok, using the SafeTok API or implementing SafeTok on your website, you agree that you have read, understand and are bound to the terms of these Terms of Service (“Terms”).
Please note that we do not provide warranties for the site & services. The contract also limits our liability. These terms are in §15 and §16 and we ask you to read them carefully. We provide the site & services solely on an "as is", “with all errors” and "as available" basis, in accordance with §15, and you acknowledge that latency with regard to delivery of SafeTok authentication is a function of network bandwidth, server capacity, and other factors. Subject to the immediately prior sentence, and subject further to your acknowledgement that we will not be liable to you or to any third party if we fail to achieve the following goals, our service level goals are as follows:
Service Level Goals
Uptime* 99.5%
Query Response Time** 1.5 seconds
* "Uptime" means the percentage of time that Styskin’s Solution's SafeTok services are operational to receive, process, and respond to queries and authentication requests, excluding scheduled downtime (if any).
** "Query Response Time" means the time between when you completed transmission of an authentication request to Styskin’s Solutions (i.e., the query leaves your network border) and when you received the completed results from Styskin’s Solutions (i.e., the SafeTok authentication results enter your network border).
We do not provide warranties for the API or other services.
2. WHAT RIGHTS DO I HAVE?
Solely to the extent that you are in compliance with all terms of this Agreement, we grant you a non-exclusive, non-transferable, non-sublicenseable license to use the services to: use SafeTok protection with your Website or application. Your license to use the services is limited, however, to solely your Websites and applications. You are responsible for your own conduct and content while using the services and for any consequences of this use.
3. REGISTRATION.
a. In order to set up SafeTok protection for your web page, you will have to set up a SafeTok Webmaster account ("Account"), with a corresponding username and password. Your username and password will permit you to access certain secure areas of the Site only available to registered users. You will further have the option of protecting your webmaster account with other authentication means, such as device authentication, biometric authentication or other authentication options offered by Styskin’s Solutions.
b. You are responsible for safeguarding and maintaining the confidentiality of your username, password and other Account information. You agree not to disclose your password to anyone. Similarly, you are responsible for safeguarding any device you use for device authentication in order to protect your account. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify Styskin’s Solutions of any unauthorized use of your Account or any other breach of security within (24) twenty-four hours of such use being known to you by e-mail. In the event that your user name or password is lost or stolen, please notify Styskin’s Solutions immediately so that a new user name or password can be created.
c. If you become a Member and create an Account, you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records
d.You understand that if you choose to protect your website account(s) with a device, you may not be able to access your account(s) if you loose your registered device(s), format your device(s) or otherwise manipulate your device(s).
e. Similarly, you understand that if you choose to protect your website account(s) with your fingerprint, you may not be able to access your account(s) if you injure, mutilate or otherwise harm or damage your registered finger. Further, you understand that fingerprint protection may be affected by your skin condition and may, under some circumstances, not work for you.
f. Likewise, you understand that if you choose to protect your website account(s) with access codes transmitted via e-mail, you may no longer be able to access your account(s) if you loose access to the e-mail account. You further understand that there may be some delay in the receiving of the e-mail message involved.
g. Similarly, you understand that if you choose to protect your website account with a SafeTok password, you may no longer be able to access your website account(s) if you forget the SafeTok password.
h. Likewise, you understand that if you use SafeTok protection on your website, your website users may not be able to access their accounts on your site in any of the cases mentioned above (d to g) as well as others.
4. ACCEPTABLE USE POLICY.
YOU ARE NOT PERMITTED TO USE THE SAFETOK SERVICES FOR A WEBSITE THAT:
a. violates any law, statute, ordinance or regulation
b. relates to harassment, defamation, libel and hate speech or other offensive speech or content, or for any unlawful purpose, including without limitation, fraud, money laundering, child pornography, terrorist-related activities, activities in violation of U.K. export or import laws, infringement on rights of others, trafficking in illegal drugs, or any products or services that are prohibited under applicable law, or which Styskin’s Solutions determines to be controversial or disruptive to the operations of Styskin’s Solutions or any other User or third party;
c. relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction
d. relates to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs,
e. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
f. Contains any other illegal, disruptive, controversial or abusive content, as determined by Styskin’s Solutions in its sole discretion.
IF YOUR WEBSITE FEATURES ANY OF THE CONTENT LISTED ABOVE, YOU ARE NOT PERMITTED TO SIGN UP FOR THE SAFETOK SITE AND SERVICE FOR THAT WEBSITE OR USE THE SITE AND SERVICE FOR THAT WEBSITE IN ANY MANNER. YOU MAY FURTHER NOT UTILIZE THE SITE AND SERVICES IN ANY MANNER THAT VIOLATES APPLICABLE LAW.
5. CODE OF CONDUCT / RESTRICTIONS ON USE.
The Site and Services may be used and accessed FOR LAWFUL PURPOSES ONLY. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services.Your Website, your application, and your access to and use of the services, or any of them, must comply all applicable policies and guidelines (including any API call volume limitations, security policies, and privacy policies), applicable technical requirements and documentation, and all applicable laws (including the applicable laws of your jurisdiction relating to online conduct, acceptable content, data collection, privacy, and the export of data to the United Kingdom or your country of residence). This contract does not grant you any rights related to any services, materials, content, or data other than the services. In Addition, you agree that you will not, and will not permit your users or other third parties to:
a. circumvent, disable or otherwise interfere with security related features of the Site.
b. interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of Styskin’s Solutions providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
c. attempt to probe, scan or test the vulnerability of any Styskin’s Solutions system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
d. attempt to decipher, decompile, disassemble or reverse engineer or otherwise alter the services, the SafeTok software or any of the software used to provide the Site or Services;
e. distribute, publish, facilitate, enable, or allow access or linking to the services from any location or source other than your Website or application;
f. modify, filter, obscure, or replace the text, images, or other content of SafeTok Authentication website
g. hide or mask from us your identity, or the identity of your service, as it uses the services, including by failing to follow any identification conventions that may be in place
h. impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
i. implement the SafeTok system in a website for which you have not been given the permission to do so
j. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others
k. use the services to violate the law or for any unauthorized purpose;
l. use the services to infringe upon the copyright, trademark or other intellectual property rights of anyone;
m. interfere with or disrupt the services, or servers or networks related to the services, or disobey any requirements, procedures, policies, or regulations of networks related to the services;
n. create user accounts by automated means or under false or fraudulent pretenses;
o. promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
p. commercialize (i.e., sell, rent, or lease) SafeTok authentication results;
q. transmit any virus, worm, defect, Trojan horse, or any other item intended to destroy, surreptitiously interfere with, expropriate, or exert unauthorized control over any system or data or to defraud any person; or
r. use the Site or Services in any manner not permitted by this Agreement; or
s. encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.
6. LIMITATIONS AND CONDITIONS OF THE SERVICE.
We may use technology or other means to protect the services, protect our customers, or stop you from breaching this contract. We may include our trademark(s) or logo(s) in webpages provided through or as part of the services and, if we do so, you will not remove, modify, or interfere with the display or viewing of these trademarks or logos, unless you have been explicitly been permitted to do by Styskin's Solutions and have received a written permission. We may also include advertising on SafeTok pages provided through the services and, if we do so, you will not remove, modify, or interfere with the display or viewing of this advertising. On any page in which you display SafeTok authentication messages, you will only display advertising that we serve or provide.
7. END USER TERMS.
The Terms of Use located at http://www.safetok.com/legal/terms_of_use.html (the "SafeTok TOU") or such other locations as Styskin’s Solutions may specify apply to end users' use of and access to SafeTok authentication services through your Website or software.
8. PRIVACY.
All access to and use of the services is subject to the data practices set forth in the Styskin’s Solutions Privacy Statement, which is currently available at http://www.safetok.com/legal/privacy.html Nothing in this contract or the services provide for the collection or transfer of any personally identifiable information of internet users between the parties.
9. HOW WE MAY CHANGE THE CONTRACT.
We reserve the right, at any time to modify, to discontinue or terminate the Site and Services, or modify these Terms of Service without notice.
If we change this contract, all modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If you do not agree to these changes, then you must stop using the services, remove the Services from your website, and if applicable, remove your website from your SafeTok Webmaster Account. If you do not stop using the services, then your use of the services will continue under the changed contract. We may choose in the future to charge for all use of the services, or change the requirements for use that is free of charge. If we choose to change the fee requirements for the services, Styskin’s Solutions will provide notice of such terms as provided in §17 below, and you may elect to stop using the services rather than incurring fees.
10. TERMINATION; CANCELLATION.
a. We may immediately terminate or suspend your access to the Site and Services and remove any material from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Styskin’s Solutions is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, SAFETOK SERVICES, INCLUDING SAFETOK AUTHENTICATION SERVICES WILL NO LONGER BE AVAILABLE FOR YOUR WEBPAGE AND ANY INFORMATION REGARDING USERS SIGNED UP FOR USING SAFETOK WITH YOUR WEBSITE(S) WILL BE LOST. UPON TERMINATION OR SUSPENSION USERS OF YOUR WEBSITE WILL NO LONGER BE ABLE TO USE THE SAFETOK SERVICES IN ORDER TO ACCESS YOUR WEBSITE. ANY DATA THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Styskin’s Solutions will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
b. You may terminate the use of SafeTok services for a particular Website at any time and for any reason by clicking "Delete Website" in your Webmaster account. Upon any termination by a Member, the related website will no longer be able to use SafeTok sites & services. We will not be liable to you for damages resulting solely from terminating this contract according to its terms. If this contract terminates, all rights granted to you by this contract will automatically terminate and you will cease to have any rights to use the services.
c. Any suspension, termination or cancellation will not affect your obligations to Styskin’s Solutions under these Terms of Service (including but not limited to indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. All terms of this contract that, by their nature, are intended to survive termination will survive (including §§15 and 16).
11. YOUR RESPONSIBILITY.
You will defend, indemnify and hold Styskin’s Solutions (and its directors, officers, employees, affiliates, and agents) parties harmless from and against any and all loss, claims, damages, liabilities, and expenses (including without limitation reasonable attorneys' fees and costs) suffered or incurred by reason of any claims, proceedings, or suits based on or arising out of any breach (or alleged breach) by you of this contract, or any part of it, or that otherwise relates to your Website(s), your application(s), or your use of the services. You will be solely responsible for defending any claim using mutually-agreed counsel, subject to Styskin’s Solutions's right to participate with counsel it selects, and you will not publicize any claim or agree to any settlement that imposes any obligation or liability on Styskin’s Solutions (or its directors, officers, affiliates, and agents) without Styskin’s Solutions's prior written consent, in Styskin’s Solutions's sole discretion.
12. RESERVATION OF RIGHTS.
Styskin’s Solutions and its suppliers retain all right, title, and interest in and to the services (including the SafeTok software, API and SafeTok authentication results) and all intellectual property rights in any of these. This contract does not grant you any rights in any Styskin’s Solutions logo, trademark, or service mark, and you will not use any logo, trademark, or service mark of Styskin’s Solutions unless you have explicitly been given written permission to do so. You will not claim or imply any sponsorship or endorsement of your Website or application by Styskin’s Solutions.
14. PRE-RELEASE.
The API (and related services) are pre-release versions. They may not work the way a final version of the API (and such related services) would. We may change the API (or these services) at any time. We also may not release a commercial version, in our sole discretion.
15. WE MAKE NO WARRANTY.
Styskin’s Solutions makes no warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the services, its performance, or anything provided in relation to this contract. Without limiting the foregoing, Styskin’s Solutions makes no guarantees with respect to the availability or uptime of the services or any other technologies. Styskin’s Solutions may conduct maintenance on any of the services at any time, with or without notice.
Your use of the site, services is at your sole discretion and risk. The site, services, and all materials, information, products and services included therein, are provided on an "as is", “with all faults” and "as available" basis without warranties of any kind. Styskin’s Solutions expressly disclaims all warranties of any kind, express, implied or statutory, relating to the site and services, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. Styskin’s Solutions disclaims any warranties: (i) regarding the security, accuracy, reliability, availability, timeliness and performance of the site and services provided – Styskin’s Solutions explicitly does not warrant the functionality, availability or security of the services offered, including the functionality, availability or security of SafeTok authentication services; or (ii) that the site, services will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from Styskin’s Solutions, will create any warranty not expressly stated in this agreement. some states or jurisdictions do not allow the exclusion of certain warranties. accordingly, some of the above exclusions may not apply to you.
16. LIABILITY LIMITATION.
You can recover from Styskin’s Solutions and its affiliates and suppliers only direct damages up to GBP 100. You cannot recover any other damages, including without limitations, lost profits, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use of the site and services, whether the damages are foreseeable and whether or not Styskin’s Solutions has been advised of the possibility of such damages. This limitation applies to anything related to the services; content (including code) on third party Internet sites, third party programs or third party conduct; viruses or other disabling features that affect your access to or use of the services; incompatibility between the services and other services, software, and hardware; delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the services in an accurate or timely manner; and claims for breach of contract, breach of warranty, guarantee, or condition, strict liability, negligence, or other tort. It also applies even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if Styskin’s Solutions knew or should have known about the possibility of the damages. The foregoing liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will Styskin’s Solutions cumulative liability to you exceed GBP 100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
17. CHANGES TO THE SERVICES; CANCELLATION OF THE SERVICES.
We may change (including by removing features, adjusting the range of supported devices for device authentication and/or biometric authentication, or charging fees for features previously provided free), update, or enhance (collectively, "modify") the site & services, including but not limited to the API, at any time and may require you to obtain and use the most recent versions. Modifications may affect your ability to use the services and may require you to change (at your sole cost) the way you previously used them. We will not be liable for any costs that you incur, or for lost profits or damages of any kind, related to any modification. We may cancel or suspend your use of the services at any time. Our cancellation or suspension may be without cause, without notice, or both. Upon cancellation, your right to use the services (including the API) stops right away. Once the services are cancelled or suspended, any data you have stored on the services may not be retrieved later.
18. INTERPRETING THE CONTRACT.
All parts of this contract apply to the maximum extent permitted by law. If any term of this contract is unenforceable, the remainder will be fully enforced to effect the parties' intent. Unless stated or context requires otherwise: (a) all internal references are to this contract and its parties; (b) "days" means "calendar days"; (c) "partner" is not used as a legal term of art and does not describe or imply a partnership; (d) "may" means that the applicable party has a right, but not a concomitant duty; (e) and a party's choices under this contract are in its sole discretion, subject to any applicable duties of good faith. Lists of examples following "including" or "e.g." are not exhaustive (i.e., are interpreted to include "without limitation"), unless qualified by words such as "only" or "solely." This contract will be interpreted according to the plain meaning of its terms without any presumption that it should be construed to favor either party. The section titles in the contract do not limit the other terms of this contract.
19. ASSIGNMENT.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person without our prior written consent, which will not be unreasonably withheld. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the services or any part of the services.
20. NO THIRD PARTY BENEFICIARIES.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
21. CLAIM MUST BE FILED WITHIN ONE YEAR.
Any claim related to this contract or the services may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
22. EXPORT.
The services (including the API) are subject to United Kingdom export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the services. These laws include restrictions on destinations, end users, and end use.
23. NOTICES.
You may notify Styskin’s Solutions by e-mail addressed to contact [at] SafeTok.com. This contract is in electronic form, and you consent to Styskin’s Solutions sending you any information related to this contract, Styskin’s Solutions site and/or services and/or software in general in electronic form (by email). You may withdraw this consent, but if you do, Styskin’s Solutions may terminate this contract and your right to access and use the services. Notices provided to you by email will be deemed given and received on the email transmission date. You acknowledge that, as long as you access or use the services, you must have, or have access to, the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.
24. TELEPHONE CONTACT.
If you provide your telephone number in the sign up form or otherwise, we may contact you via telephone to provide you with certain information in connection with the service, offer you help and other related activities.
25. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
This Terms of Service shall be governed by and interpreted in accordance with the laws of England. Any legal action or proceeding arising under this Terms of Service will be brought exclusively in courts located in England and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. The relationship of the parties under this Terms of Service is that of independent contractors, and this Terms of Service will not be construed to imply that either party is the agent, employee, or joint venturer of the other. You agree that this Terms of Service and the rules, restrictions and policies contained herein, and Styskin’s Solutions enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Styskin’s Solutions. This Terms of Service together with the rules and policies of Styskin’s Solutions constitutes the entire agreement between Styskin’s Solutions and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by Styskin’s Solutions via email (in each case to the address that you provide), (b) a posting on the Site, or (c) by you via email to contact [at] safetok.com or to such other addresses as Styskin’s Solutions may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.