Terms of Use

Last Updated October 28, 2020


These Terms of Use (“Terms”) constitute a legally binding agreement made between you (“you”)
and Amberjack Labs LLC (“Amberjack”, “we”, or “us”), concerning your access to and use of the SafeW8
and SafeW8 Manager mobile applications (the “Application”). Downloading, installing, accessing, or
using the Application constitutes acceptance of these Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND
YOU MUST DISCONTINUE USE IMMEDIATELY.


These Terms may be revised at any time and for any reason. Amberjack will notify you of changes by
updating the “Last Updated” date. Your continued use of the Application after any revised Terms have
been posted, constitute your acceptance of the revised Terms.
The Application is not intended for users under the age of 13. All users under the age of 18 must have
the permission of, and be directly supervised by, their parent or guardian to use the Application. If you are
a minor, you must have your parent or guardian read and agree to these Terms prior to you using the
Application.


Grant of License. Subject to your compliance with these Terms. Amberjack grants you a limited, non-
exclusive, non-transferable, non-sublicensable license to install and use the Application on your mobile
device for the sole purpose of accessing and using the capabilities and services offered in the
Application.


Title and Ownership. The Application and any revisions, modifications, enhancements, and/or
derivatives therefore are owned by Amberjack and are protected under copyright laws and treaties. All
right, title, and interest in and to the Application, including all associated intellectual property rights are
and shall remain owned solely by Amberjack.


Prohibited Activities. As a user of the Application, you agree not to:
1. Systematically or in an automated fashion, retrieve data or other content from the Application to create
or compile, directly or indirectly, a collection, compilation, database, or directory without written
permission from Amberjack.
2. Create user accounts by automated means or under false pretenses.
3. Engage in unauthorized framing of or linking to the Application.
4. Engage in any automated use of the system, such as using scripts to take actions on the Application.
5. Interfere with, disrupt, or create an undue burden on the Application or the networks or services
connected to the Application.
6. Attempt to impersonate another user.
7. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Application.
8. Attempt to bypass any measures of the Application designed to prevent or restrict access to the
Application, or any portion of the Application.
9. Use the Application in a manner inconsistent with any applicable laws or regulations.
Third-Parties. The Application may reference third parties (“Third Parties”), contain links to other
websites (“Third-Party Websites”), and contain text, graphics, information, and other content or items
belonging to or originating from third parties (“Third-Party Content”). Inclusion of a Third Party on the
Application does constitute approval or endorsement of such Third Party by Amberjack. Third-Party
Websites and Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by Us, and we are not responsible for any Third-Party Websites
accessed through the Application or any Third-Party Content posted on, or available through, the

Application, You shall hold us harmless from any harm caused by your contact or interaction with a Third
Party.


Privacy. We care about data privacy and security. Please review our Privacy Policy at
https://www.safew8.com/privacy. The Privacy Policy is incorporated into these Terms. Please be advised
the Application is hosted in the United States. If you access the Application from the European Union or
any other region of the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the United States, then through your continued use of the
Application or Services, you are transferring your data to the United States, and you expressly consent to
have your data transferred to and processed in the United States.


Term and Termination. These Terms shall remain in full force and effect while you use the Application.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE APPLICATION TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION.


Modifications and Interruptions. We reserve the right to change, modify, or remove the contents of the
Application at any time or for any reason at our sole discretion without notice. We cannot guarantee the
Application will be available at all times. We may experience hardware, software, or other problems or
need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at
any time or for any reason without notice to you.


DISCLAIMER. THE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE APPLICATION WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT ON THE APPLICATION OR THIRD-
PARTY WEBSITES. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES ON THE APPLICATION OR (2) ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF THE APPLICATION, CONTACT WITH A THIRD
PARTY, OR A TRANSACTION WITH A THIRD PARTY.


LIMITATIONS OF LIABILITY. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED THE AMOUNT PAID, IF ANY, BY YOU TO
US FOR USE OF THE APPLICATION.


Miscellaneous. These Terms and any policies or rules posted by us on the Application constitute the
entire agreement and understanding between you and us. Our failure to exercise or enforce any right or
provision of these Terms shall not constitute a waiver of such right or provision. If any provision or part of
a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms shall be construed and governed in accordance
with the laws of California, regardless of its conflict of laws provisions, and the applicable courts in
California shall have exclusive jurisdiction over any dispute arising out of or related to these Terms. The
application of the United Nations Convention on Contracts for the International Sale of Goods is expressly
excluded.


Contact Us. In order to resolve a complaint regarding the Application or to receive further information
regarding use of the Application, please contact us support@amberjacklabs.com.