Privacy Policy

 1. Welcome and General Terms
Welcome to Safe Cert! We provide technology that empowers appointment-based, self-care businesses to provide their clients with the magical moments that matter the most (our “Services”).
We hope that you will carefully read through this Main Services Agreement (this “MSA”) since it is a legally binding contract between you (the “Customer” or “you”) and Safe Cert Labs, Inc. (“Safe Cert” or “we”) with essential details about your legal rights, remedies, and obligations regarding your access and use of our Services. (You and Safe Cert are sometimes referred to as a “Party,” and together as the “Parties” in this MSA).
Please note that we may modify this MSA as described in Section 9.11 below, so check this page regularly. On the left, we’ve summarized this “legalese” in plain language. This summary is not legally binding; consult the MSA text on the right for questions of legal interpretation.

1.1. Our Services
Our Services include (i) our websites, apps, and other Safe Cert offerings through which you can access our Services (our “Platform”); (ii) the proprietary technology and software programs including all modifications, updates, and enhanced versions of such software utilized by Safe Cert to provide the Services (our “Software”); and (iii) all features and functionality that are purchased by you as part of an Order (as defined below) and made available through our Services, such as our technical support and Software maintenances services (“Support Services”), merchant payment processing services (“Payment Processing Services”), and professional services like our implementation services, data migration services, consulting or advisory services, and custom development services (“Professional Services”). Our Services are for business use only or for individuals’ professional purposes.
NOTE: As described in Section 2.2.2, any Order for our Payment Processing Services by Customer must first be approved by Safe Cert and those services will not commence until the mutually agreed upon Payment Processing Start Date.
Nothing in this MSA will prohibit, restrict or limit Safe Cert from performing the same or similar Services, including our Professional Services, for other third parties, including other Customers.

1.2. Our Agreement with You and Yours
By signing an order form or proposal, ordering Services through the Platform, clicking to accept this MSA, receiving a confirmation email, otherwise activating or opting-into the Services, or any renewal thereof (each, an “Order”), you agree to all of the MSA terms. By signing an Order, an Affiliate (as defined in Section 9.1) agrees to be bound by the terms of this Agreement as if it were an original party hereto.
This MSA is effective as of the date you accept or otherwise agree to an Order (the “Effective Date”). If you have a separate written agreement with Safe Cert for your use of our Services, this MSA will not apply unless that agreement does not cover a particular Service. In that case, this MSA only applies to your use of that particular Service.
We maintain additional terms and policies that supplement this MSA, like our Privacy Policy, which describes our collection and use of personal information, our Acceptable Use Policy, which governs your use of our Services; our Payment Processing Terms, which govern all Payment Processing Services Safe Cert provides to Customers; our API License Terms, which govern your access and use of the Safe Cert APIs; our Professional Services Terms, which govern the Professional Services we provide to you in connection with Safe Cert Services; our Hardware Agreement, which governs your purchase and use of our payment-enabling hardware; our Support Agreement, which describes your applicable Support Services; and our Service Level Addendum and Data Privacy Addendum (collectively, the “Supplemental Terms”). The Supplemental Terms are hereby incorporated into this MSA by reference as if fully set forth herein. The MSA, any applicable Order, and the Supplemental Terms make up the “Agreement” between you and Safe Cert. 
If you are using Safe Cert Services on behalf of a company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to this Agreement, including your employees, independent contractors, service providers, Affiliates and Franchisees (as defined in Section 9.1), and other individuals or entities who you authorize to access our Services on behalf of Customer (collectively, your “Users,” who are bound by this Agreement as an original Party thereto). You represent and warrant that you have the legal power and authority to enter this Agreement and that if Customer is an entity, this MSA is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement.

1.3. Our Relationship
Your relationship with Safe Cert is that of a customer and not an agent, joint venturer, employee, or partner of Safe Cert. Neither Party has any authority to bind or otherwise obligate the other Party in any manner, and neither Party may represent to anyone that it has a right to do so. In particular, Safe Cert does not direct or control your business or how you choose to use our Services, and you agree that you have complete discretion as to both.

2. Safe Cert’s Services to You
2.1. Your Purchased Services, Generally
Subject to your compliance with this Agreement, Safe Cert will provide you access to the Services to which you have ordered. In particular, during the Term (defined below), Safe Cert will: (i) provide the Services to you pursuant to this Agreement, including any applicable “Documentation” (which includes materials, guides, instructions, policies, and support articles made available by Safe Cert to Customer, as may be updated by Safe Cert from time to time); (ii) comply with the Safe Cert’s Service Level Addendum (“SLA”); (iii) provide the Services in accordance with laws applicable to Safe Cert’s provision of the Services to its customers generally (i.e., without regard for your particular use of the Services), subject to your use of the Services in accordance with this Agreement, the Supplemental Terms, any applicable Order, and any applicable Documentation; (iv) make commercially reasonable efforts to use industry-standard measures designed to scan, detect, and delete malicious code; (v) if applicable, use trained, qualified personnel to provide the Services; (vi) comply with Safe Cert’s Data Privacy Addendum; and (vii) provide you with the applicable Support Services.

2.2. Additional Services
2.2.1. Support Services.
As part of the Services you order, you will have access to the applicable Support Services. We provide Support Services according to our Support Agreement which is hereby incorporated into this Agreement by reference as if fully set forth herein.

2.2.2. Payment Processing Services. 
Your request for Payment Processing Services must first be approved by Safe Cert. Once approved, you and Safe Cert will agree on a date to initiate the Payment Processing Services (the “Payment Processing Start Date”). Our Payment Processing Services incur an additional Fee and are subject to our Payment Proccesing Terms.

2.2.3. Professional Services. 
Professional Services that you order are subject to our Professional Services Terms, which are hereby incorporated into this Agreement by reference as if fully set forth herein.

2.2.4. Hardware Terms. 
Additional terms specific to acquiring and using payment-enabling hardware and similar equipment (our “Hardware”) are subject to our Hardware Agreement and are hereby incorporated by reference into this Agreement as if fully set forth herein.

2.2.5. API License Agreement. 
The API License Agreement governs your access to and use of the Safe Cert APIs (as defined in that Agreement). You are solely responsible for the activity that occurs using your API Credentials and for keeping your API Credentials secure.

2.2.6. HIPAA. 
The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) imposes rules to protect certain protected health information or “PHI” as defined under HIPAA. If you or any Affiliate or Franchisee is subject to HIPAA (a “Covered Entity”) and providing or processing any “PHI” in connection with the Services, then prior to accessing or using the Services, you must (i) notify Safe Cert, (ii) subscribe to and use the applicable Services, (iii) comply with any security configuration requirements provided by Safe Cert in our Documentation, and (iv) enter into a Business Associate Agreement (“BAA”) with Safe Cert in the form provided by Safe Cert. Customer is solely responsible for determining whether Customer or its Affiliates or Franchisees are Covered Entities and/or subject to HIPAA and whether a BAA is necessary with Safe Cert. Customer may send notice and request a BAA by emailing legal@blvd.co. Unless Customer has completed each of the requirements described above, Customer does not have permission to upload PHI or any HIPAA related data and Safe Cert will have no liability under this Agreement in connection with  PHI or HIPAA related data, notwithstanding anything in this Agreement or in HIPAA. If you are permitted by Safe Cert to submit PHI or HIPAA related data on the Safe Cert Platform after completing the steps described above, then (i) you may submit such data only by uploading such data in the approved fields on the Safe Cert Platform and (ii) you acknowledge that you are solely responsible for the appropriate use and disclosure of PHI or any HIPAA related data on the Safe Cert Platform.

2.2.7. Marketing Program. 
We may make certain marketing or promotional features (“Marketing Program”) available to you through our Services for you to market to your customers who access and use our Platform to book and pay for the services and products that you offer (your “Clients”). The Marketing Program may include loyalty programs, memberships and subscriptions, special offers and promotions, discounts, rewards, and series/package options. Your use of the Marketing Program is subject to our Acceptable Use Policy. In particular, you acknowledge that you are solely responsible for (i) choosing which Marketing Program features to use, (ii) how you use such features, (iii) any Customer Data (as defined in Section 3.4) incorporated into the Marketing Program, (iv) any messaging to Clients as part of the Marketing Program, (v) providing all terms and conditions for the applicable Marketing Program features to your Clients, (vi) obtaining all necessary consent from your Clients before they participate in the Marketing Program, (vii) complying with all applicable law related to your use of the selected Marketing Program features, and (vii) all Clients’ use of the Marketing Program. For clarity, Safe Cert does not represent or warrant that your use of the Marketing Program complies with applicable law, and Safe Cert takes no responsibility for the legality of the offers you may make using the Marketing Program. All such responsibility and liability rests solely with you.

2.2.8. Calculator Features. 
The Services provide certain commission and wage calculators. To the extent you use these features, you acknowledge sole responsibility for (i) the accuracy and completeness of any related information provided by you or your Users; (ii) complying with all applicable law, including labor and wage and hour law; (ii) verifying the accuracy of the calculations and any withholdings; (iv) maintaining employee and independent contractor records; and (v) paying commissions and wages.

2.3. Changes to the Services
Notwithstanding Section 2.1, you acknowledge that the features and functions of the Services may change over time; however, Safe Cert has no obligation to update or enhance any Services or to produce or release new versions of any Services. We endeavor to make all updates or enhancements to existing Services backwards compatible. In addition, we try to avoid changes to the Services that materially impact your use of the Services, including the depreciation or removal of features (an “Adverse Change”). However, in the event Safe Cert makes an Adverse Change, (i) we will notify you in advance within the Platform or by sending an email, and (ii) we will consult with you to resolve or otherwise address the Adverse Change, except where Safe Cert, in its sole discretion, has determined that an Adverse Change is required for security reasons, by telecommunications providers, or to comply with applicable law or regulation.

2.4. Beta Offerings
From time to time, Safe Cert may make available offerings that are not generally available, or are limited release, developer preview, or similar in order for you to provide Feedback (as defined below) (“Beta Offerings”). You may, in your sole discretion, choose to use a Beta Offering. Safe Cert may discontinue a Beta Offering at any time, in its sole discretion, or decide not to make a Beta Offering generally available. Beta Offerings are strictly for testing and experimentation purposes only. Customer acknowledges that, by their nature, Beta Offerings may (i) not meet performance benchmarks or expectations, (ii) have gaps in functionality, and (iii) contain bugs. The Support Agreement and Safe Cert’s SLA do not apply to Beta Offerings. Any information related to Beta Offerings, including their existence, are considered Safe Cert’s Confidential Information (as defined below).

2.5. Third Party Services
Our Services may allow you to access or use third party software, products, hardware, applications, websites, or services (“Third Party Services”). Third Party Services are not endorsed by Safe Cert and are not subject to any of the warranties, service commitment, or other obligations we provide for our Services in this Agreement. Safe Cert does not control or own any Third Party Services, and the access to and use of such Third Party Services, including the availability and uptimes related to such Third Party Services, is solely determined by the relevant third parties that control such Third Party Services and is at Customer’s sole risk. Safe Cert has no obligation to monitor or maintain Third Party Services, and may disable or restrict access to any Third Party Service at any time. By using or enabling any Third Party Service, you are expressly permitting Safe Cert to disclose Customer Data (as defined in Section 3.4) or other information to the extent necessary to utilize the Third Party Service. Safe Cert shall not be responsible or liable for any downtime, discontinuation, data breaches, or any other issues with or caused by the Third Party Services that are outside Safe Cert’s reasonable control. In order to access and use a Third Party Service, such third party may require that Customer enter into a separate agreement with such third party (“Third Party Agreement”) and may require additional consents in order to connect the Third Party Service to the Platform.

3. Customer Responsibilities
3.1. Your Responsibilities
You will use the Services only in accordance with (i) this Agreement, including all applicable Supplemental Terms, including our Acceptable Use Policy (ii) any applicable law; (iii) your representations and warranties set forth in Section 7.1; and (iv) the Restrictions on Use (as described in Section 3.6). 
In addition, you are solely responsible for (i) your access and use of the Platform and Services (as described further in Section 3.2); (ii) your Users’ and Clients’ access to and use of the Platform and Services (as described in Section 3.3.); (iii) your Customer Data (as defined in Section 3.4); and (iv) your implementation of the Services (as described in Section 3.5). 
In addition, you agree to provide all required disclosures to your Clients and obtain all necessary rights, releases, and consents to allow the Safe Cert Services to be used by Customer and accessed by your Clients, and to permit Customer Data to be collected, used, and disclosed in the manner contemplated by this Agreement.

3.2. Your Access and Use of the Platform and Services
You are solely responsible for all use of the Services under your account (“Customer Account”). Specifically, Customer has sole responsibility for: (i) maintaining the security and control of its premises, equipment (including hardware and associated firmware), and systems; (ii) maintaining the security and access to your Customer Account, including User and Client passwords and access; (iii) all activity of its Users that occur under your Customer Account, whether authorized by Customer or not. User login access to Customer Accounts cannot be shared or used by more than one User.
You are solely responsible for preventing unauthorized access to, or use of, the Services. You agree to (i) immediately notify Safe Cert if you become aware of any unauthorized activity under your Customer Account or breach in the security of your access passwords; and (ii) to cooperate with Safe Cert to (a) prevent any further unauthorized activity or security breaches and (b) respond to information requests from law enforcement, regulators, or telecommunications providers. In particular, you agree to not share Customer Account usernames or passwords with competitors of Safe Cert. You acknowledge and agree that no adequate remedy at law may exist for an actual or threatened breach of this Section and that, in the event of an actual or threatened breach, Safe Cert will be entitled to suspend your access to and use of the Services, as well as seek immediate injunctive relief and other equitable relief, without waiving any other rights or remedies available to it.

3.3. Your Users and Clients Are your Responsibility 
You are solely responsible for all use of the Services and access to the Platform by your (i) Users - that is, your employees, independent contractors, Affiliates, and other individuals and entities who you authorize to access our Services as defined in Section 1.2 -  and your (ii) Clients - that is, your customers that access and use the Services and Platform as defined in Section 2.2.6. Likewise, you are solely responsible for setting the appropriate access permissions and/or controls for all of your Users to Safe Cert’s Platform and Services. Customer shall not permit any User or Client to use the Services except as expressly permitted under this Agreement. You must ensure that your Users and Clients comply with the relevant provisions of this Agreement, including any Supplemental Terms, and any applicable law, including those related to data privacy and transmission of personal information, at all times while using the Services. 
You will be held liable for any acts or omissions of your Users and Clients that do not comply with this Agreement, which will be deemed a breach of this Agreement by you. Your Clients will be required to agree to Safe Cert 's Client Terms of Service and other terms and conditions in their use of the Services.
Safe Cert does not intend to control or monitor Customer’s relationship with its Users or Clients or any Client experience; however, Safe Cert reserves the right to suspend or otherwise terminate a User’s or Client’s access to the Platform or Services, as applicable, for usage that violates (or may violate) the Acceptable Use Policy or that otherwise appears unlawful. In addition, you are solely responsible for resolving disputes with your Users (including former Users) or Clients regarding the ownership, access, or processing of your Customer Data, and you acknowledge and agree that Safe Cert has no obligation to resolve or intervene in such disputes.

3.4. Your Customer Data
In order to use the Services and access the Platform, you and your Users and Clients will submit content, data, and information via the Platform (“Customer Data”). Customer Data may include, without limitation, personal information, business information, financial information, purchase history, and information related to Marketing Programs. 
You are solely responsible for the accuracy and quality of the Customer Data. It is also your responsibility to ensure that your collection and use of Customer Data complies with all applicable laws, including those related to data privacy and transmission of personal information. You are solely responsible for obtaining the appropriate rights and level of consent necessary to interact and contact your Clients through the Services, including the Marketing Program, in accordance with applicable law. You are also solely responsible for resolving disputes related to ownership or access to Customer Data, including those involving current or former owners, co-owners, employees, Affiliates, contractors, or Clients. Please note that Safe Cert has no obligation to resolve or intervene in such disputes.

3.5. Your Implementation of our Services, and your Cooperation
‎Unless otherwise expressly stated in an Order, Customer is solely responsible, at its own expense, for acquiring, installing, and maintaining all connectivity equipment, internet and network connections, hardware, software, and other equipment necessary for Customer, Clients, and Users to connect to, access, and use the Servicesand for Customer and Users to connect to, access, and use the Platform (“Customer Materials”). Any Hardware you purchase from Safe Cert is subject to our Hardware Agreement.

3.6. Restrictions on Use
Customer shall not, nor will it permit a User, Client, or other third party to: (i) transfer, resell, lease, license, or otherwise make available the Services to any third party (except to make the Services available to your Clients) or offer them on a standalone basis; (ii) directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code, object code or underlying structure, ideas, algorithms, trade secrets or know-how in or underlying the Platform, Services or any portion thereof; (iii) use the Platform, or Services for any illegal, unauthorized or otherwise improper purposes or for any purpose other than as set forth herein; (iv) modify, translate, copy or make derivative works based on any part of the Platform, Site or Services; (v) access the Platform or Site in order to build a similar or competitive product or service; (vi) use the Services in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the Documentation or this Agreement; (vii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (viii) attempt to gain access to the Services or related systems or networks in a manner not permitted by this Agreement; (ix) post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents or programs; (x) frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service; (xi) systematically download and store Services content; (xii) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services; (xiii) remove any copyright, trademark, or other proprietary notices or labels on the Platform or Site; (xiv) submit any infringing, obscene, defamatory, threatening, or otherwise unlawful or tortious material to the Services, including material that violates privacy rights; (xv) restrict or inhibit any other person or entity from using the Services; (xvi) use the Services to send unsolicited electronic messages (aka spamming); (xvii) misuse your Customer Account, including passwords and usernames associated with your Account, including sharing such information with third parties, particularly competitors of Safe Cert; or (xviii) violate Safe Cert’s Acceptable Use Policy.  

4. Fees & Terms of Payment
4.1. Fees
You agree to pay the fees set forth in the applicable Order or, if you use any Service not set forth in an Order, the fees set forth on our Platform or otherwise confirmed by you upon purchase of the Services (collectively, your “Fees”) for the Term of the Agreement. Your Fees include, without limitation, recurring subscription fees for your access and use of the Safe Cert Platform and Services ("SaaS Subscription Fees"), as well as additional Fees for the Services you purchased, including one-time fees for certain Professional Services and hardware purchases ("One-Time Fees"), recurring subscription fees for certain Professional Services (“Ongoing Fees”), and usage-based fees for our Payment Processing Services and use of our Marketing Program ("Usage Fees"). Unless expressly stated otherwise in this Agreement, all payments received by Safe Cert, including any Fees, are non-refundable and your payment obligations are non-cancelable.
For the sake of clarity, you are responsible for paying all Fees for the entirety of the Term of your Agreement.

4.2. Pass-Through Fees
If Safe Cert incurs other fees, surcharges, or charges from third party payment service providers, payment networks, banks, communication services, or telecommunication providers associated with your use of the Services, then such charges may be passed through to you at the same rate charged to Safe Cert ("Pass-Through Fees”) Unless communicated in advance, all Pass-Through Fees are exclusive of the Fees. You agree to pay all such Pass-Through Fees in connection with your use of the Services.

4.3. Taxes
Unless otherwise specified in an Order or an Invoice, Fees do not include any taxes, fees, duties, or other governmental charges that arise from the payment of any Fees or any amounts owed to Safe Cert as a result of your use of the Services (collectively, "Taxes"). You are responsible for paying all Taxes associated with purchases and transactions under this Agreement. If Safe Cert has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section, Safe Cert will invoice Customer and Customer will pay that amount unless Customer provides Safe Cert with a valid tax exemption certificate authorized by the appropriate taxing authority. Customers will not withhold any Taxes from any amounts due to Safe Cert. For clarity, Safe Cert is solely responsible for taxes assessable against it based on its income, property, and employees.

4.4. Changes to Fees
Safe Cert may update Fees during each Renewal Period (as defined below); the updated Fees will go into effect when the applicable Renewal Term (as defined below) begins. Unless expressly provided in the Order, renewal of Services will be at Safe Cert’s applicable pricing in effect at the time of the renewal, which will be communicated to you prior to Renewal. Additionally, Safe Cert reserves the right to change Fees upon 30 days’ prior written notice to you, either through email and/or by posting notice to your Customer Account. Your continued use of the Services subsequent to any change in Fees will be deemed acceptance of such charges.  If you disagree with a fee change, you may terminate this Agreement pursuant to Section 6.

4.5. Terms of Payment
‎Unless stated otherwise in the applicable Order, Safe Cert will make invoices available to you via your Customer Account or email (each, an “Invoice”). Invoices will (i) detail the SaaS Subscription Fees and Ongoing Fees, (ii) detail applicable One-Time Fees and Usage Fees as well as (iii) a merchant processing report describing Payment Processing Fees. All Fees are payable upon delivery of each Invoice. Payment Processing Fees will be deducted daily from your payment deposit account.
You will provide Safe Cert with valid payment information in a form acceptable to Safe Cert and designate your primary payment method. You authorize Safe Cert to automatically charge your primary payment method for all Fees as they become due and payable, and for all past-due Fees, and other payments required under this Agreement. You agree to update your primary payment information as necessary and verify any information requested by Safe Cert to acknowledge or complete any payment.
Safe Cert preferred form of payment is automated clearing house transfers from your designated account directly to Safe Cert (“ACH Payment”). In order to facilitate ACH Payment, if chosen, you agree to complete and sign any required authorization agreement sent by or on behalf of Safe Cert to authorize ACH Payment. 
In addition, if Customer’s primary payment method is not valid or where Fees are otherwise due to Safe Cert under this Agreement, Safe Cert reserves the right to immediately, without prior consent or notice, offset, debit, or charge such amounts from funds: (i) due to Customer under this Agreement, including from Customer’s Payout Account or in Customer’s Reserve (as described in the Payment Processing Terms) or (ii) from other Customer payment instruments or accounts registered with Safe Cert.

4.6. Payment Errors
You must notify Safe Cert in writing within 30 days of the date Safe Cert invoices you for any Fees that you believe to be in error, specifying the nature of the error and the amount in dispute (“Payment Error Notice”). If Safe Cert does not receive the Payment Error Notice within the 30-day period, all Fees will be deemed final and payable in full. If you are claiming a Payment Error, you must act reasonably and in good faith, and agree to cooperate diligently with Safe Cert. Safe Cert will not charge you a Late Fee (as defined below) or suspend the provision of Services for unpaid Fees where you have claimed a Payment Error, unless you fail to cooperate diligently with Safe Cert or Safe Cert determines the dispute is not reasonable or not brought in good faith by you.
‎Customer acknowledges that both this MSA and all Orders are binding and cannot be canceled, and all payment obligations are final and non-refundable during the entire Term of your Agreement. As such, Safe Cert considers any claim of a Customer Payment Error based solely on an attempt to cancel an Order and avoid payment to be unreasonable and not made in good faith.

4.7. Overdue Fees
Customer’s failure to pay its Fees in full upon demand will be a breach of this Agreement and Safe Cert reserves the right to suspend or terminate your access to the Services pursuant to Section 6 of the Agreement. The creation of new Customer Accounts is prohibited until the Fees due are paid in full.
In addition, for any Fees that are not received within 10 business days of the date they are payable (as described in Section 4.5 above), Safe Cert may also (i) charge a late fee of either 1.5% of the outstanding balance per month or the maximum interest permitted by law (whichever is less), plus costs of collection; (ii) modify the Terms in this Section 4 to require full payment before the provision or continued use of all Services (both for existing Orders and future Orders); and/or (ii) require other assurances to secure Customer’s payment obligations hereunder, including but not limited to, establishing a Reserve (as described in the Payment Processing Terms) or a requirement that the amount thereof be increased. 
Customer expressly agrees that all communication in relation to overdue Fees and other amounts due from Customer under this Agreement will be made by electronic mail, Platform report, text message, or phone call. Safe Cert or anyone acting on behalf of Safe Cert, including third party collection agents, may make such communication to email addresses and phone numbers provided by the Customer to Safe Cert.

5. Ownership Rights, Licenses, and Confidentiality
5.1. Ownership Rights
5.1.1. Safe Cert’s Intellectual Property
‎As between Customer and Safe Cert, and subject to the license grants to each Party below, Safe Cert exclusively owns and reserves all rights, title, and interest in and to the Services, Platform; Software; Safe Cert’s “Marks” (the Safe Cert name and Safe Cert logo, its additional trademarks, service marks, and tradenames, its domain names, as well as all words, slogans, taglines, images,  icons, logos, graphics, designs, and other indicators that identify Safe Cert, or its business, services, or products); the Documentation; the Hardware; Safe Cert’s Confidential Information (as defined in Section 5.3); Usage Data (as defined below); and all related technology, know-how, trade secrets and proprietary information, including, without limitation, all intellectual property rights therein.
‎Safe Cert’s Marks & copyrighted works. You may only use Safe Cert’s Marks and our copyrighted works as set forth in our Trademark & Copyright Usage Guidelines. Unless Customer has licensed the right to white-label from Safe Cert, Customer shall not, nor knowingly permit a third party to, remove or modify Safe Cert Marks or Copyrighted Works or notices, attribution, or proprietary markings from the Platform or Services. 
Usage Data. Notwithstanding Customer’s Ownership rights described in Section 5.1.2 regarding Customer Data, Customer acknowledges that Safe Cert owns and reserves all rights to all data that is derived from the use of the Services that does not directly or indirectly identify the Customer, their Users, Clients, or any natural person, including (i) data such as volumes, use, frequencies, performance rates, and Service performance data and (ii) data that is anonymized, de-identified, and/or aggregated such that it could no longer directly or indirectly identify you, your Users, Clients, or any  natural person, subject to any restrictions under applicable law (“Usage Data”).

5.1.2. Customer’s Intellectual Property
‎As between you and Safe Cert, you exclusively own and reserve all rights, title, and interest in and to your Confidential Information (as defined in Section 5.3), Customer Materials (as defined in Section 3.5), Customer Data (as defined in Section 3.4) and Customer Marks, including, without limitation, all intellectual property rights therein.

5.2. License Grants and Usage of Marks
5.2.1. Licenses to Customer
‎Subject to the terms and conditions of this Agreement, Safe Cert grants you a limited, non-exclusive, non-sublicensable, non-transferable (except as provided in this Agreement), revocable license and right to access and use the Platform and the Services set forth in an Order during the Term, solely for your internal business purposes.

5.2.2. Licenses to Safe Cert
5.2.2.1. Limited License to Customer Data: 
You hereby grant Safe Cert a nonexclusive, worldwide, assignable, sublicensable, fully paid-up and royalty free license and right to copy, distribute, process, display, publish, prepare derivative works of, and otherwise use your Customer Data as necessary to provide the Services in a manner that is consistent with this Agreement and Safe Cert’s Privacy Policy, and to improve and develop Safe Cert’s products and services. You represent and warrant to Safe Cert that you have all rights necessary to grant this license and that your provision and use of Customer Data through and in connection with the Services does not violate any applicable law or rights of any third party.

5.2.2.2. Complete License to Feedback: 
You hereby grant to Safe Cert a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to modify, copy, distribute and incorporate into the Services (without attribution of any kind) any suggestions, enhancement request, recommendations, proposals, correction or other feedback or information provided by you, or your Users relating to the Services or Safe Cert’s business (“Feedback”).

5.2.2.3. Limited License to Customer Marks: 
You grant Safe Cert the right to use and display Customer Marks: (a) in connection with providing the Services, (b) on our Platform, (c) for marketing and promotional purposes in connection with Safe Cert 's business, and (d) to identify you as a customer in marketing and publicity. Safe Cert agrees that any use by Safe Cert of any of Customer Marks will be intended to inure solely to the benefit and goodwill of your business.

5.3. Confidentiality
‎A Party will not disclose or use any Confidential Information (as defined below) of the other Party except: (i) as reasonably necessary to perform its obligations or exercise any rights granted pursuant to this Agreement, which in Safe Cert’s case, includes disclosure to its employees, agents, counsel, service providers, accountants, contractors, and subcontractors who have a need to know and are legally bound to protect the Confidential Information; (ii) with the other Party's prior written permission; or (iii) to the extent required by law or order of a court or other governmental authority or regulation, provided that the receiving Party will give the disclosing Party written notice (to the extent legally permitted) and provide reasonable cooperation in connection with such disclosure at the disclosing Party’s expense. Each Party agrees to protect the other Party’s Confidential Information in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a commercially reasonable standard of care. If either Party believes that there has been an disclosure of Confidential Information in a manner not authorized under this Agreement, such Party will notify the other Party and assist the owner of the Confidential Information in remediating or  mitigating any potential damage, including any notification that may need to be sent to individuals impacted by such unauthorized disclosure. The Parties acknowledge and agree that no adequate remedy at law may exist for an actual or threatened breach of this Section and that, in the event of an actual or threatened breach, the non-breaching Party will be entitled to seek immediate injunctive relief and other equitable relief, without waiving any other rights or remedies available to it. For clarity, nothing in this Section will restrict Safe Cert with respect to Safe Cert’s Usage Data (Section 5.1.1).
"Confidential Information" means (i) Safe Cert’s Software, Platform, and all other works of authorship, technology, software, processes, user interfaces, customizations, know-how, techniques, designs, inventions, source code, databases (and all data therein except for Customer Data) and other trade secrets utilized by Safe Cert in the provision of the Services, Platform, Hardware, and Documentation; (ii) Safe Cert’s Documentation to the extent that it is not generally available to the public; (iii) Customer Data; (iv) all confidential and proprietary information disclosed by one Party (“Discloser”) to the other (“Recipient”) under this Agreement whether in tangible or intangible form, including, but not limited to, financial, business or technical information; information relating to plans, marketing, concepts, processes, strategies, inventions, designs, costs, prices, customer lists, business opportunities, projections, personnel, research, development or know-how that is designated by the disclosing Party as “confidential” or “proprietary”, or the receiving Party knows or should reasonably know is confidential or proprietary, and any information generated by the Receiving Party or by its Representatives that contains, reflects, or is derived from any of the foregoing; and (v) any Order or other separate written agreement. Confidential Information does not include any information which: (a) is publicly available through no breach of this Agreement or or any obligation owed to the disclosing Party; (b) was properly known by the receiving Party, and to its knowledge, without any restriction, prior to disclosure by disclosing Party; (c) was properly disclosed to receiving Party, and to its knowledge,  without any restriction, by another person without violation of disclosing Party's rights; or (d) is independently developed by receiving Party without use of or reference to the Confidential Information of disclosing Party.

6. Term & Termination
6.1. Term
Unless otherwise specified in an Order, this Agreement begins on the Effective Date (as defined in Section 1.2) and lasts until the end of the initial term specified in the Order (the “Initial Term”). If no Initial Term length is specified in an Order, then the Initial Term shall be 12 months. Unless otherwise specified in an Order, this Agreement automatically renews for successive additional terms as set forth in the Order (each, a “Renewal Term,” and together with the Initial Term, the “Term”) until this Agreement is properly terminated, unless a Party provides the other Party with written notice of non-renewal at least 30 days before the end of the Initial Term or applicable Renewal Term (the “Renewal Period”). If no Renewal Term length is specified in an Order, then the Renewal Term shall be 12 months. 
If you choose to terminate this Agreement during a Term, you will still be responsible for paying all Fees owed for the entire Term. You will continue to be charged each month for the remainder of the Term.

6.2. Termination for Cause
‎A Party may terminate this Agreement (including all Orders and Services that are in effect) upon notice if (i) the other Party breaches any material provision of this Agreement and does not cure such breach (provided that such breach is capable of cure) within thirty (30) days after receiving written notice of such breach; or (ii) the other Party becomes the subject of any voluntary or involuntary proceeding in bankruptcy, liquidation, dissolution, receivership, attachment, assignment or composition for the benefit of creditors. For the avoidance of doubt, a breach of Safe Cert’s Acceptable Use Policy or failure to pay all Fees will be considered a material breach of this Agreement. In addition, Safe Cert may terminate this Agreement (including all Orders and Services that are in effect), effective immediately upon notice if you commit fraud. If Safe Cert terminates this Agreement due to your material breach, then (i) it will close your Customer Account and revoke all access to the Platform and (ii) you must immediately pay any unpaid Fees associated with the remainder of the Term. Termination will not relieve you of your obligation to pay any fees payable to Safe Cert for the period prior to the effective date of termination, unless Customer terminates this Agreement for Safe Cert 's uncured breach in accordance with this Section.

6.3. Effect of Termination
Upon the effective date of termination of this Agreement: (i) all Orders will terminate and be of no force or effect, and Safe Cert shall cease providing the Services and access to the Platform; (ii) all rights granted to Customer in this Agreement will cease; (iii) all amounts owed to Safe Cert under this Agreement before termination will be due and payable in accordance with Section 4 (in the case of your termination due to a Fee increase during the Term pursuant to Section 4.4, that amount will be based on your original contracted Fees, and not the increase); (iv) Customer will remain responsible for settling all Disputed Transactions for all Transactions that occurred on your Customer Account and agree to pay all Disputes, Chargebacks Refunds, Returns, or Fines, regardless of the reason or timing pursuant to the Payment Processing Terms, and (v) within 30 days after such termination, each Party shall return or destroy all Confidential Information of the other Party in its possession and shall not make or retain any copies of such Confidential Information, except (a) as required to comply with any applicable legal or accounting record keeping requirement or (b) that a Party may retain Confidential Information in a Party’s archived backup files. For a period of no greater than 60 days following a notice of termination or non-renewal, and provided that you have paid Safe Cert all amounts owed under this Agreement, Safe Cert will make all Customer Data in its possession or control available to you through the Platform. After such 60 day period, Safe Cert will have no obligation to retain or provide your Customer Data, except as required by applicable law. Upon termination of this Agreement, the terms of this Section 6 and the terms of the following Sections will survive: Section 1 (General Terms); Section 2 (Safe Cert’s Services); Section 3 (Customer Responsibilities); Section 4 (Fees and Payment Terms); Section 5 (Ownership Rights, Licenses, and Confidentiality); Section 6 (Termination) Section 7.1 (Representations by Customer); Section 7.3 (Disclaimer and Limitation of Liability); Section 8 (Indemnity); and Section 9 (General).

6.4. Right to Suspend Services
Safe Cert may suspend your access to and use of the Services at any time, upon written notice to you, if we determine in good faith that (i) your or your Users’ activities or use of the Services violates this Agreement (including the Acceptable Use Policy), applicable law, the intellectual property rights of a third party, or are otherwise disruptive or harmful to Safe Cert or any third party; (ii) there has been an unusual and material spike or increase in your use of the Marketing Program and that such use is fraudulent or materially and negatively impacting the operating capability of the Services; (iii) we are required to do so by applicable law; (iv) there is any use of the Services by you or your Users or Clients that threatens the security, integrity, or availability of the Services; or (v) information in your account is untrue, inaccurate, or incomplete. Suspension under this Section will not relieve you of your obligation to pay any fees payable to Safe Cert during the suspension period.

7. Representations & Warranties, Disclaimer and Limitations
7.1. Representations by Customer
‎In addition to the representations and warranties made elsewhere by Customer in this Agreement, including Section 3, you represent and warrant that (i) you have and will continue to provide Safe Cert with complete and accurate information, including payment and Customer Account information, and will promptly notify Safe Cert in writing if any information changes occur; (ii) you have provided and will continue to provide adequate notices, and that you have obtained and will continue to obtain the necessary permissions and consents, and otherwise have all necessary rights to provide Customer Data to Safe Cert for processing pursuant to this Agreement and to grant Safe Cert the license in Section 5.2; (iii) you will comply with any applicable Third Party Agreement in connection with your use of the Services; (iv) you are duly organized, authorized, and in good standing under the laws of the state of your organization (if you are a business entity other than a sole proprietorship) and that you are duly authorized to do business in all other states in which your business makes such authorization necessary; (v) Customer’s performance under this Agreement is in conflict with a separate obligation under any charter or any other agreement (of whatever form or subject) to which Customer is a party or by which it is bound; and (vi) you will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce, the US Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and you will not use the Services to export, or allow any export or re-export in violation of any such restrictions, laws or regulation and, if you reside outside of the United States, then in addition to complying with the foregoing, you will comply with any relevant export control laws in your jurisdiction. and (vii) you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country.

7.2. Performance Warranty by Safe Cert
Safe Cert represents and warrants that the Services you order will perform materially in accordance with the functionality described in the applicable Documentation when operated in compliance with that Documentation. Your sole and exclusive remedy for a breach of this warranty will be that Safe Cert will use commercially reasonable efforts to (i) modify the applicable Service or portion thereof to achieve the functionality described above within 30 days after Customer reports such issue; and (ii) if Safe Cert is unable to modify a properly reported error within 30 days, Safe Cert shall, upon request by Customer, provide remedies in accordance with the Service Level Agreement. Safe Cert will have no obligation with respect to a warranty claim under this Section unless (a) notified by you in writing no later than 30 days after the first instance of any material functionality problem and (b) based on that notification, Safe Cert is able to verify a reproducible error in the Services that indicates a breach of the foregoing warranty reported by Customer. This warranty will not apply (w) if the applicable ordered Services have been utilized in violation of this Agreement, the Documentation, or applicable law; (x) for any error caused by Customer or third party; (y) for any error caused by the combination of the Services with third party products or materials; or (z) to any free, trial, or Beta Services.

7.3. Disclaimer & Limitation of Liability
DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED SOLELY ON AN “AS IS”, “AS AVAILABLE” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK. SAFE CERT DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. SAFE CERT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, COMPLETELY SECURE, OR THAT THE SERVICES ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION TRANSMISSION, INTERNET, OR TELECOMMUNICATIONS NETWORKS) WILL BE UNINTERRUPTED, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SAFE CERT MAKES NO WARRANTIES AND WILL HAVE NO LIABILITY FOR ANY BETA OFFERINGS, CUSTOMER MATERIALS, OR THIRD PARTY SERVICES WHATSOEVER.
‎LIMITATION OF LIABILITY. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE TO THE OTHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST REVENUE, LOST PROFITS, LOST GOODWILL, COST OF REPLACEMENT OF GOODS OR SERVICES, LOSS OF TECHNOLOGY, LOSS OF USE OF ANY SOFTWARE OR HARDWARE, RIGHTS OR SERVICES, LOSS OF DATA OR INTERRUPTION OR LOSS OF USE OF SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SAFE CERT’S TOTAL AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY REASON (WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.

8. Mutual Indemnification
8.1. Indemnification by Safe Cert
Safe Cert will defend you, your Affiliates, and each of their directors, officers, and employees (collectively, “Customer Indemnified Parties”) from and against any claim, demand, suit, investigation, or action (collectively, “Claims”) against a Customer Indemnified Party by a third party alleging that Safe Cert’s provision of the Software infringes or misappropriates such third party’s intellectual property rights (“Safe Cert Indemnifiable Claim”). Safe Cert will indemnify you from any claims, fines, penalties, damages, liabilities, judgments, costs, losses, Tax assessments, interest and expenses (including reasonable attorneys’ fees and other legal expenses)(collectively, “Losses”) awarded against a Customer Indemnified Party or for settlement amounts approved by Safe Cert for a Safe Cert Indemnifiable Claim. Notwithstanding the foregoing, Safe Cert will have no liability or obligation under this Section with respect to any Safe Cert Indemnifiable Claim arising out of (i) your use of the Services in breach of this Agreement; (ii) the combination, operation, or use of the Services with other applications, portions of applications, products, hardware, or services, including, without limitation, the Customer Materials, Customer Data, or Third Party Services, where the Services would not by themselves be infringing; (iii) any modification of the Platform or Services by any person other than Safe Cert or its authorized employees, agents, or contractors; or (iv) Services for which there is no charge or Beta Offerings. 
‎If Safe Cert’s provision of the Services has become, or in Safe Cert’s opinion is likely to become, the subject of any Safe Cert Indemnifiable Claim for third party intellectual property rights infringement or misappropriation, Safe Cert may at its option and expense: (i) procure the right to continue to provide the Services as set forth herein; (ii) modify the Services to make them non-infringing; (iii) replace the Service or portion of the Service with a non-infringing but functionally equivalent product;  or (iv) if the foregoing options are not reasonably practicable, terminate this Agreement and refund the amounts Customer paid for Services that relate to the period during which Customer was not able to use the Platform. This Section states Safe Cert’s entire liability and Customer’s sole and exclusive remedy for infringement claims, suits or actions.

8.2. Indemnification by Customer
‎You will defend Safe Cert, its affiliates, and each of their directors, officers, shareholders, agents, successors, and employees (collectively, “Safe Cert Indemnified Parties'') from and against any Claim made or brought against a Safe Cert Indemnified Party by a third party, including Customer’s Users and Clients, alleging or arising out of: (i) your or your Users’, Clients’, agent’s, contractors’, or subcontractors’ (“Customer Parties”) use or misuse of the Services, Platform, Software, or Marketing Program, including but not limited to a Customer Parties’ breach of this Agreement, including Section 3 (Customer Responsibilities), Section 7 (Customer Representations), or Section 9.1 (Your Affiliates, as more fully described therein), the Acceptable Use Policy, or any Third Party Agreement; (ii) any Customer Material, Customer Data, Customer Markes, or other content, material, or data provided by a Customer Party violating, infringing or misappropriating such third party’s rights, including intellectual property rights, privacy rights, or any third party rights; (iii) a Customer Party’s negligence, willful misconduct, or fraud, including any representation or warranty of the Customer Parties that is or becomes misleading; (iv) or any violation of applicable law by any Customer Party (collectively, “Customer Indemnifiable Claims”).   Customer will indemnify Safe Cert from any Losses awarded against a Safe Cert Indemnified Party or for settlement amounts that you approve for a Customer Indemnifiable Claim.

8.3. Conditions of this Mutual Indemnification
‎As a condition to each Party’s indemnification obligations described in this Section: (i) the indemnified Party (“Indemnified Party”) will promptly notify the indemnifying Party (“Indemnifying Party”) of any Customer Indemnifiable Claim or Safe Cert Indemnifiable Claim (individually or collectively referred to herein as a “Claim”) in writing; provided, however, that the failure to give prompt written notice will not relieve Indemnifying Party of its obligations hereunder, except to the extent that Indemnifying Party was actually and materially prejudiced by such failure; (ii) Indemnifying Party will have the sole authority to defend or settle a Claim; and (c) Indemnified Party will reasonably cooperate with Indemnifying Party in connection with Indemnifying Party’s activities hereunder, at Indemnifying Party’s expense. The Indemnified Party reserves the right, at its own expense, to participate in the defense of a Claim. Notwithstanding anything herein to the contrary, Indemnifying Party will not settle any Claim for  which it has an obligation to indemnify under this Section admitting liability or fault on behalf of Indemnified Party, nor create any obligation on behalf of Indemnified Party without Indemnified Party’s prior written consent, which will not be unreasonably withheld, conditioned, or delayed. With respect to Customer Indemnified Claims, in the event Customer fails to provide a reasonably sufficient defense of a claim, Safe Cert may, after written notice to Customer, retain its own legal counsel and provide its own defense with respect to such claim, and Customer will reimburse Safe Cert for reasonable attorneys’ fees and expenses for such defense. In such an event, Customer must consent in writing to any settlement or consent judgment that is binding upon Customer.

9. General
9.1. Your Affiliates. 
You represent and warrant that (i) you have sufficient rights and the authority to make this Agreement binding upon each of your Affiliates and (ii) provide directions and instructions to Safe Cert in respect Safe Cert’s Agreement with, and the provision of Safe Cert’s Services to your Designated Affiliates (“Instructions”), including where such Instructions conflict with the instructions or directions given to Safe Cert by one of your Designated Affiliates. Without limiting the generality of the foregoing, you represent and warrant that (i) you have the requisite consent to access and process the Customer Data, including personal information, submitted by your Affiliates in connection with their use of our Services pursuant to this Agreement and (ii) you have obtained and will continue to obtain the necessary permissions and consents, and otherwise have all necessary rights to access and process your Affiliates’ Customer Data. You and each of your Affiliates will be jointly and severally liable for the acts and omissions of such Affiliate in connection with this Agreement and such Affiliate’s use of the Services. Only the Control Affiliate will bring any claim against Safe Cert on behalf of yourself and any Designated Affiliates. In addition to the Customer Indemnification in Section 8.2, you hereby agree to defend the Safe Cert Indemnified Parties (as defined in Section 8.2), against any third party Claim (as defined in Section 8.1) arising out of: (i) any action Safe Cert takes in accordance with any Instruction and (ii) an Affiliate’s access, processing, or Instructions to Safe Cert in connection with Customer Data. 
For the purposes of the above, “Affiliate” means any other entity that directly or indirectly controls, is controlled by, or is under common control with you and that has been designated to receive Services under this Agreement. “Affiliate” also includes any of your business locations, independent contractors, and any Franchisees that you have designated to receive Services under this Agreement (each a “Designated Affiliate”). “Control” for purposes of the above definition means the power to direct or cause the direction of the management and policies of the subject entity, whether through equity ownership, a credit arrangement, franchise agreement, or other contractual arrangements. “Control” also means the ability to direct Safe Cert to provide our Services to Designated Affiliates and to provide Instructions regarding those Designated Affiliates (in such cases, you are the “Control Affiliate”). “Franchisee” for the purposes of the above definition means any party that is bound by a franchise agreement with you, the “Franchisor”, and that you have designated to receive Services under this Agreement.
A note to Designated Affiliates. If you are a Designated Affiliate (like a Franchisee) that has been designated to receive the Safe Cert Services by a Control Affiliate (like a Franchisor), you acknowledge and agree that you are bound by the terms of this Agreement as an original party, and may only use the Services under and in accordance with this Agreement. Without limiting the foregoing, you acknowledge that while this Agreement is between you and Safe Cert, in order to facilitate the effective provision of our Services to you and the Control Affiliate, it is in each Party’s interest for Safe Cert to take Instructions from the Control Affiliate in relation to the provision of our Services to Designated Affiliates. Therefore, you hereby: (i) grant Safe Cert the right to accept Instructions in respect to any aspect of the provision of our Services to you and our Agreement with you, and you represent and warrant that you have granted the Control Affiliate the right to provide such Instructions to Safe Cert; (ii) acknowledge and agree that where Safe Cert accepts instructions from the Control Affiliate that conflict with instructions or directions you have given to Safe Cert, the Instructions that Safe Cert receives from the Control Franchisor shall prevail and Safe Cert shall have no liability under the Agreement or otherwise for any failure to comply with your conflicting instructions or directions; and (iii) represent and warrant that the Control Affiliate has the requisite rights and consent to access and process and of your Customer Data.

9.2. Assignment. 
You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Safe Cert’s prior written consent which will not be unreasonably withheld or delayed. Safe Cert may assign, transfer, or delegate this agreement and any rights and obligations without restriction at its sole discretion, with 30 days’ prior written notice.

9.3. Notices. 
To be effective, notices under this Agreement to Safe Cert will be provided via email to legal@blvd.co and notices to Customer will be provided via email or the Platform to the relevant contact(s) you designate in your account.

9.4. Governing Law & Attorney’s Fees. 
This Agreement will be governed by and interpreted in accordance with the laws of the State of California without reference to its choice of law rules. The parties hereby submit to the exclusive jurisdiction of, and waive any venue objections against, state or federal courts sitting in Los Angeles, California in any litigation arising out of this Agreement or the Services. If any legal action is brought by a Party to enforce this Agreement, the prevailing Party will be entitled to receive its reasonable attorneys’ fees, court costs, and other legal expenses, in addition to any other relief it may receive from the non-prevailing Party.

9.5. Mandatory Informal Dispute Resolution. 
If you have any dispute with Safe Cert arising out of or relating to this Agreement, you agree to notify Safe Cert in writing with a brief, written description of the dispute and your contact information, and Safe Cert will have 30 days from the date of receipt within which to attempt to resolve the dispute to your reasonable satisfaction. If the parties are unable to resolve the dispute through good faith negotiations over such thirty 30 day period under this informal process, either Party may pursue resolution of the dispute in accordance with the arbitration agreement below.

9.6. Arbitration Agreement. 
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SAFE CERT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, THAT ARE NOT RESOLVED PURSUANT TO SECTION 9.5 ABOVE WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND SAFE CERT AND YOU EACH HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (currently accessible at https://www.adr.org/sites/default/files/Commercial-Rules-Web.pdf) as amended by this Agreement. Any arbitration hearing will be held in Los Angeles County, California. The applicable governing law will be as set forth in Section 9.4 (provided that with respect to arbitrability issues, federal arbitration law will govern). The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

9.7. Force Majeure.  
Neither Party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment  of money due and payable hereunder) for causes beyond that Party’s reasonable control and occurring without that Party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

9.8. Waiver and Order of Precedence.  
No failure or delay by either Party in exercising any right or enforcing any provision under this Agreement will constitute a waiver of that right or provision, or any other provision. Summaries, titles, and headings of sections of this Agreement are for convenience only and will not affect the construction of any provision of this Agreement. In the event of any conflict or inconsistency among the following documents, the order of precedence will be: (1) the applicable Order(s), (2) the terms set forth in this MSA and the Supplemental Terms, (3) the Safe Cert Acceptable Use Policy, and (4) the applicable Documentation.

9.9. Severability.  
In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary to render such provision enforceable and, in any event, the remainder of this Agreement will continue in full force and effect to the maximum extent permitted by law.

9.10. Entire Agreement. 
This Agreement, together with any Order, any exhibits, attachments hereto, and terms and policies that are incorporated into this Agreement by reference (including by reference to a URL), constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, proposals, statements, sales materials, presentations, or non-disclosure or other agreements, whether oral or written. No oral or written information or advice given by Safe Cert, its agents, or its employees will create a warranty or in any way increase the scope of the warranties or obligations in this Agreement.

9.11. Modifications to this Agreement. 
Safe Cert may, in our sole discretion, modify this Main Services Agreement (MSA) at any time. Any changes we make will become effective when we post a modified version of the MSA to https://www.joinblvd.com/legal/main-services-agreement (or such other URL as specified by Safe Cert). Changes to the MSA will not be retroactive, but will apply to your subsequent access and use of the Service. When we update the MSA, Services. When we make material changes to thiswe will update the “Last Updated” date at the top of the MSA and will notify you on the Platform or by sending you an email (“MSA Notice”). Your login to your Customer Account and proceeding to access the Platform beyond any MSA notice on or after the date the updated version of this Agreement is effective and binding, constitutes your acceptance of the updated version of this Agreement. The updated version of this Agreement supersedes all prior versions.  It is your obligation to ensure that you read, understand and agree to the latest version of the Agreement. If you do not agree to the updated version of this Agreement, you must stop using the Services immediately.

9.12. Electronic Communications and Signatures. 
You agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.

9.13. Copyright Policy. 
Safe Cert respects the intellectual property rights of others and expects its users to do the same. Safe Cert will investigate and respond to notices of alleged infringement that are properly submitted in accordance with our Copyright Policy, as may be updated by Safe Cert from time to time. Any data or information submitted to our Services is subject to our Copyright Policy.

 Let’s talk privacy. Safe Cert Labs, Inc. (“Safe Cert,” “we,” “our,” or “us”) enables third-party self-care businesses with a Safe Cert account (our “Customers,” or “you”) to publish and offer their services to their clients, who can search for, book, and pay for those services through our Services.  This Privacy Policy describes how Safe Cert uses, discloses, and protects the Personal Information collected from and about individuals in the following ways:
through our website, https://www.joinblvd.com/, and any other website where this Privacy Policy is posted or linked and any services available through our websites (the “Website”);
in connection with the delivery of our products and services to our Customers;
in connection with our business development and marketing activities; and
through our offline and business interactions (collectively, the “Services”).
Please note: this Privacy Policy does not apply to Personal Information that we collect or receive on behalf of our Customers from their clients (“Clients”) in connection with the Services we provide to our Customers (“Customer Personal Information”).  In such cases, we process Client Personal Information as a service provider on behalf of our Customers, and the processing of such Client data is subject to our Customers’ respective privacy policies. For more information on how we process Client data, please review our Client Terms of Service.
By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information as outlined in this Policy.
In this Privacy Policy, Personal Information refers to any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual.

California Notice at Collection
We collect the categories of Personal Information (as defined in the California Consumer Privacy Act (CCPA)) listed in the table below.

Category of Personal Information Collected

Sold or Shared

Identifiers, including names, email addresses, phone numbers, device/online and other identifiers and IP addresses. 
Yes (but limited to identifiers, IP addresses)

Personal Information categories listed in the California Customer Records statute, including names, signatures, email addresses, telephone numbers, and mailing addresses. 
No

Commercial information, including products or services purchased, obtained, or considered. 
No

Internet or other electronic network activity, including cookie information and information regarding interactions with the Services.
Yes

Geolocation data, which is imprecise, such as IP location.
Yes

Audio, electronic, visual, or similar information, including phone call recordings and profile photographs.   
No

We go into more detail in the  “What information does Safe Cert collect?” section below, and we generally collect and use the above-listed categories of Personal Information to provide and manage the Services for legitimate business or commercial purposes. We use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our Services; to allow you to set up a Customer account and profile; to contact you and allow other Customers and Clients to contact you; to fulfill your requests for certain Services; and to analyze how you use the Services. In certain cases, we may also disclose certain Personal Information to third parties, but only as described below.

As noted in the table above, we may disclose your Personal Information for digital advertising, analytics or similar marketing purposes, which may be a “sale” or “share” under California privacy law.  You may exercise your right to opt out of such disclosures by emailing privacy@joinSafe Cert.com or through our “Your Privacy Choices” link in our Website ( joinblvd.com) footer.

We retain each category of Personal Information that we collect for as long as necessary to fulfill the purposes described in this Privacy Policy, including to satisfy legal or reporting requirements. 

More information, including a description of your legal rights, can be found below in the “Your California Privacy Rights” section.

I. What information does Safe Cert collect?
Information you provide to us
We receive and store any information you knowingly provide to us, including:
Account information, including the account information that you use to access the Services and third-party account credentials (for example, your log-in credentials for Facebook or other third party sites). If you provide your third-party account credentials to us or otherwise sign in to the Services through a third party site or service, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions (e.g., your list of friends) and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy.
Commercial information, including information about products or services that you have purchased, obtained, or considered.  
Audio, electronic, visual, or similar information, including phone call recordings, and profile photographs.  
Contact information, including your name, email address, street address, and telephone number. 
Preferences, including how frequently you wish to receive marketing and promotional communications from us. 
Other information you choose to provide, including information you include in any forms that you complete and submit on the Services and other information that you provide during your interactions with us). 
Please note that certain information may be required to register for the Services or to take advantage of certain Safe Cert features.
Information collected automatically
Whenever you interact with our Services, similar to many other web services, we automatically receive and record the following information on our server logs from your browser or device:
Internet or other electronic network activity information, including information regarding your interactions with the Services. This includes:
Computer or Device Information, which includes the Internet Protocol (IP) address and/or other unique identifier(s) assigned to your device, the location of your device, and other information about your browser, device, and operating system.
Usage Information, which includes information about your interaction with and use of the Services (e.g., the date and time of your visit(s); the areas or pages that you visit; the amount of time you spend viewing or using the Services; the domain name from which you accessed the Website, and other click-stream or site usage data.  
Geolocation data, in an imprecise format, such as IP location.
To improve our services and customize your online experience, we (and our service providers and partners) may also use cookies or other similar technologies to collect data about your usage of the Services and the actions that take upon receipt of an email from us. Through cookies we place on your browser or device, we may also automatically collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy.
To give you an example, we use Google Analytics to better understand how users interact with the Services. For information on Google Analytics’ data handling practices and how you can control the use of data sent to Google, please visit https://policies.google.com/technologies/partner-sites. If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout.

You may be able to adjust your device or browser settings to limit certain tracking or to decline cookies. Please refer to your device’s settings or your Internet browser’s “Help” section for more information on how to delete cookies and/or disable your device or browser from receiving cookies or adjust your tracking preferences.
To learn more about cookies, including how to manage them, please visit https://allaboutcookies.org/.
Information collected from other sources
We may obtain Personal Information about you from third parties, such as social media platforms and data brokers. 
Why? We use the Personal Information that we receive from other sources to help us maintain the accuracy of or supplement the information we collect; personalize your experience with the Services; conduct internal business analysis; and fulfill other business or commercial purposes described in this Privacy Policy. 
Combination of information
We may combine the Personal Information that we collect from and about you, including information you provide to us, the information we automatically collect through the Services, and information we receive from third-party sources, and use the combined information for the purposes described in this Privacy Policy.

II. How does Safe Cert use Personal Information?
We use the Personal Information we collect for the following purposes:
Providing the Services, including to operate, maintain, support, and provide the Services.
Personalizing the Services, including to tailor the content we may send or display to you and otherwise personalize your experience with us.
Communicating with you, including to contact you for administrative purposes (e.g., to provide services and information that you request or to respond to your comments and questions) or to send you important updates and communications about this Privacy Policy and/or other applicable terms and conditions.
Sending you marketing and promotional communications, including messages about promotions, events, products, or services that we think may interest you. Details on how to exercise your choices with respect to marketing and promotional communications from us can be found in the “Your Choices” section below.
Engaging in advertising and marketing, including to serve you advertising on other online services across the devices you may use. Details on how to exercise your choices with respect to interest-based advertising can be found in the “Your Choices” and “Your California Privacy Rights” sections below. We also use Personal Information to conduct our referral programs in which our Customers may refer new Customers to us.
Conducting analytics and developing products, including to analyze usage trends and preferences in order to improve the Services and to develop new products, services, and features.
Maintaining security and preventing fraud, including to monitor and maintain the security of our systems and networks and to detect, prevent, investigate, and protect you, our business, and others from fraud, unauthorized transactions, and other unlawful or unsafe activity.

Satisfying our legal obligations, including complying with applicable law and responding to lawful requests and communications from law enforcement authorities and other government officials.
Supporting our business operations and business transactions, including to administer our general business and other related functions and to carry out sales or other business transactions (i.e., we may choose to buy or sell assets).
Additionally, we will use your Personal Information as described to you at the point of information collection or with your consent. We will also use your Personal Information as we believe necessary or appropriate to protect our rights, privacy, safety, property, and/or those of others.

III. Does Safe Cert disclose any Personal Information?
We may disclose Personal Information to the following categories of recipients:
Affiliated Businesses. We may disclose your Personal Data to our affiliates and subsidiaries for any of the purposes listed above.
Advertising and Marketing Partners. We disclose Personal Data to our marketing and advertising partners, including social media networks, third-party advertising networks, and other parties that assist us in serving and optimizing our advertisements or working with us in connection with our marketing efforts.
Analytics Partners. We disclose your Personal Information to our partners that assist us in performing analytics and help us measure the effectiveness of the Services and our marketing and advertising efforts.
Business Partners. We disclose your Personal Information to other companies with whom we partner to provide services or other offerings to you and carry out other related activities.
Service Providers. We employ other companies and people to perform tasks on our behalf and need to share your Personal Information with them to provide products or services to you. For example, we may use a payment processor to receive and process your credit card transactions for us.
Governmental and Public Authorities. We will disclose your Personal Information to government and public authorities as necessary or permitted by the laws of any jurisdiction in which we operate.
Relevant Third Parties in Connection with a Business Transaction. We may disclose or otherwise transfer your Personal Information to an acquirer, successor, or assignee as part of any merger, acquisitions, debt financing, sale of assets, or similar transaction as well as in the event of any insolvency, bankruptcy, or receivership in which data is transferred to one or more third parties as one our business assets.
Other Parties. We will disclose your Personal Information to other parties with your consent or at your direction. Additionally, we will disclose your Personal Information to other parties as we believe necessary and/or appropriate either to: (i) comply with applicable law; (ii) protect our operations and those of our affiliates and subsidiaries; (iii) investigate and prevent against fraud; (iv) protect our rights, privacy, safety, property, and/or those of others; or (v) allow us to pursue available remedies or limit damages that we may sustain.

We may disclose your Personal Information for other reasons that we will describe at the time of information collection or prior to disclosing your information.
Additionally, we may de-identify, anonymize, or aggregate Personal Information and disclose such information to third parties for purposes as permitted by law.

IV. Your Choices
We provide you with the ability to make certain choices about how we use your Personal Information, as described below.
Marketing and Promotional Communications: You can opt out of receiving marketing and promotional communications from us at any time by following the instructions included in any marketing or promotional communications that you receive from us. Please note that even if you opt out of receiving marketing and promotional communications from us, you will still receive non-marketing or transactional messages from us, including messages about your account and responses to your inquiries/requests.
Cookies: As noted above, we (and our third-party providers and partners) use cookies on the Services for various purposes, including for analytics purposes.
Interest-Based Advertising: You may be able to opt out of receiving interest-based advertising using the browser opt-out tools and consumer choice mechanisms provided by interest-based advertising self-regulatory groups by following the links below:
Digital Advertising Alliance (DAA): http://www.aboutads.info/choices
Network Advertising Alliance (NAI): http://www.networkadvertising.org/choices
Please note that you will need to opt out separately on all of your browsers and devices, as each opt-out will apply only to the specific browser or device from which you opt out. If you delete or reset your cookies, change browsers, or use a different device, any opt-out cookie may no longer work and you will have to opt out again.
Some of our advertising partners may provide you with additional choices with respect to interest-based advertising. For example, certain social media platforms may allow you to control your advertising preferences directly through their services. Please review the privacy policies of the third-party services you use for more information.
Access, Correct, and Delete Personal Information: Through your account settings, you may access, and, in some cases, edit or delete the information you’ve provided to us. The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at privacy@joinSafe Cert.com.

V. Your California Privacy Rights
The California Consumer Privacy Act (CCPA) provides California residents with certain rights in relation to their “Personal Information” (as defined in the CCPA). Pursuant to the CCPA, we are providing the following additional details regarding the categories of Personal Information that we collect, use, and disclose. This section also describes the rights available to you as a California resident in relation to your Personal Information and how you can exercise your rights.
Personal Information Collection and Disclosure
The following chart details which categories of Personal Information we have collected from and about California residents in the past twelve (12) months, the source(s) of each category of information, the categories of third parties to whom we have disclosed each category of information for a business purpose, and the categories of third parties to whom we have “sold” or with whom we have “shared” each category of information (as such terms are defined in the CCPA) (where applicable). Please note that the first column in the chart lists by category the types of information described in the “What information does Safe Cert collect?” section above, as required by the CCPA.
Purposes for Collecting Personal Information
As described in more detail in the “How does Safe Cert use Personal Information?” section above, we collect Personal Information to provide and manage the Services, deliver more personalized experiences, and achieve a variety of legitimate business or commercial purposes.

Disclosures of Personal Information
As detailed in the “Does Safe Cert disclose Personal Information?” section above, we disclose Personal Information to fulfill the purposes described above. We will also disclose certain categories of Personal Information to competent governmental and public authorities and other third parties as necessary or appropriate, including when we have a legal or contractual obligation to disclose the information. 

Sale and Sharing of Personal Information
We “sell” or “share” (as such terms are defined in the CCPA) Personal Information to or with third parties and have  “sold” or “shared” Personal Information in the past twelve (12) months for analytics purposes. Please refer to the chart above for additional details.
We do not have actual knowledge that we “sell” or “share” the Personal Information of minors under the age of 16.

Your Legal Rights
We take your privacy seriously. You have the right to request that we: 
Disclose to you the following information covering the twelve (12) months preceding your request:
• the categories of Personal Information we have collected about you and the categories of sources from which we collected such information; 
• the specific pieces of Personal Information we have collected about you;
• the business or commercial purposes for collecting, selling, or sharing your Personal Information; the categories of third parties to whom we disclosed such Personal Information; and 
• if we sold, shared, or disclosed your Personal Information for a business purpose, two separate lists disclosing:
• sales and shares, identifying the Personal Information categories that each category of recipient received; and 
• disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. 

• Delete the Personal Information that we have collected from you, subject to certain exceptions. 
• Correct inaccurate Personal Information that we maintain about you, taking into account the nature of the Personal Information and the purposes of the processing. 

We will not discriminate against you if you decide to exercise your rights under the CCPA. If you are interested in exercising any of the above-listed rights, you can do so by emailing us at privacy@joinSafe Cert.com.

To protect your privacy, we will require the matching of up to three pieces of Personal Information provided with your request with information we maintain to verify that it is you making the request. Where applicable, we will use the requested information for verification purposes only. Please note that we may decline a request where we are unable to verify your identity and confirm the Personal Information we maintain relates to you.

Authorized Agents 
You may authorize someone to submit a privacy rights request on your behalf (an “authorized agent”). An authorized agent will need to demonstrate that you’ve authorized them to act on your behalf, unless you have provided the agent with power of attorney pursuant to applicable law. Depending on the evidence provided, we may also contact you to verify your identity with us or request confirmation from you that the agent is authorized to submit the request on your behalf. 

Exercising Your Sale and Sharing Opt-Out Right
As detailed in the chart above, we “sell” or “share” Personal Information to or with third parties. To exercise your right to opt out of a sale or share, please email privacy@joinSafe Cert.com or through our “Your Privacy Choices” link in our Website ( joinblvd.com) footer.
Alternatively, where available, you can use certain preference signals to exercise your sale and sharing opt-out right automatically with all businesses that you interact with online, including Safe Cert. If you enable a browser-based opt-out preference signal that complies with the CCPA, such as Global Privacy Control (GPC), upon receipt or detection, we will treat the signal as a valid request to opt out of the sale or sharing of Personal Information linked to that browser and any consumer profile we have associated with that browser. Please note that if you use different browsers or browser profiles, you will have to enable the signal on each one that you use.
An authorized agent may also use the methods described above to submit a request to opt out on your behalf if you authorize the agent to do so. Please note that we may request from the agent documentation demonstrating that they have your authority to act on your behalf. 

VI. Is my Personal Information secure?
Of course. Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and your Customer Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

VII. How long do you keep my Personal Information?
Only as long as needed. We take measures to delete, de-identify, or anonymize your Personal Information when it is no longer necessary for the purposes for which we process it, unless we have a legal basis to keep it for a longer period. When determining the retention period, we take into account various criteria, such as the type of products or services provided to you, the nature and length of our relationship with you, mandatory retention periods, and applicable statutes of limitations.
If we de-identify information, we will maintain and use the information in de-identified form and not attempt to re-identify the information except as required or permitted by law.

VIII. Children’s privacy 
As noted in our Client Terms of Service, we do not knowingly collect or solicit Personal Information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Information to us. If we learn that we have collected Personal Information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Information, please contact us at privacy@joinSafe Cert.com.

IX. Will Safe Cert ever change this Privacy Policy?
We’re constantly seeking to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to changes by displaying a notice on the Services, by sending you an email, and/or by some other means. Please note that if you haven’t provided us with your email address, the revised version of this Privacy Policy will still govern your use of the Services, and you are still responsible for reading and understanding it. If you use the Services after any changes to this Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to version of this Privacy Policy in effect at the time such information is used.

X. What if I have questions about this Privacy Policy?
Don’t hesitate to reach out! If you have any questions or concerns regarding our privacy practices or this Privacy Policy, please send a detailed message to privacy@joinSafe Cert.com, and we will work to resolve your concerns in a timely manner.

 1. Introduction
By using the Payment Processing Services, you agree to comply with these Payment Processing Terms of Service (“Payment Processing Terms”), which are made a part of and governed by the terms of the Main Services Agreement (“MSA”). Certain definitions used in these Payment Processing Terms can be found in Section 34, and capitalized terms used but not defined in these Payment Processing Terms have the meaning set out in the MSA. If there is a conflict between a term in the MSA and these Payment Processing Terms, these Payment Processing Terms will prevail with respect to the provision and use of the Payment Processing Services. 

These Payment Processing Terms may be updated by Safe Cert from time to time upon reasonable notice, which may be provided via the Customer’s Account, email, or by posting an updated version of these Payment Processing Terms at https://www.joinblvd.com/legal/payment-processing-terms.

Safe Cert will not be required to provide you with Payment Processing Services until you have been approved and accepted by Safe Cert to receive such services. Safe Cert only provides Payment Processing Services to businesses based in the United States.

2. Our Role
Safe Cert is a payment facilitator. Our Payment Processing Services allow you to accept and manage Card payments from your Clients for the payment of your goods and services. We are not a bank, money transmitter, or money services business. We do not offer banking services, accept deposits, provide loans, or extend credit. Safe Cert is entering into these Payment Processing Terms on behalf of and as an agent of the Payment Acquirer (as defined in Section 34.12) or Third Party Payment Processor (as defined in Section 34.20). You acknowledge that the Payment Acquirer or Third Party Payment Processor, not Safe Cert, settles Transaction (as defined in Section 34.21) funds to Customer. Safe Cert does not receive, take possession of, or hold any funds for transmission, and it does not own funds in connection with our Payment Processing Services (as defined in Section 34.14). Safe Cert may add or remove Payment Networks and Payment Acquirers and Third Party Payment Processors at any time. Customer’s continuing use of the Payment Processing Services constitutes Customer’s consent and agreement to such additions and removals.

3. Payment Methods 
The payment methods permitted hereunder are limited to credit, signature debit, prepaid, and gift cards bearing the trademarks of American Express Travel Related Services Company, Inc. (“American Express”), DFS Services, LLC (“Discover”), MasterCard International Inc. (“MasterCard”) and Visa Inc. (“Visa”). Customer’s use of a payment method may be subject to separate terms applicable to the payment method, and Customer must agree to such terms before using the applicable payment method. 

4. High Volume Merchants 
To provide Payment Processing Services, Safe Cert must enter into agreements with Payment Networks (as defined in Section 34.13), Payment Acquirers (as defined in Section 34.12), and Third Party Payment Processors (as defined in Section 34.20), as applicable. The Payment Networks require that any Customer processing more than Payment Network specified amounts of Card sales enter into an agreement directly with Safe Cert’s Payment Acquirer. By agreeing to these Payment Processing Terms, Customer also agrees to the terms and conditions of the applicable “Commercial Entity Agreement” which can be found here. Such Commercial Entity Agreement will be effective as of the date Customer processes such specified amounts or as otherwise required by Safe Cert’s Payment Acquirer. If Customer fails to agree to the Commercial Entity Agreement terms, Safe Cert may be required to suspend or terminate the Payment Processing Services or the Customer Account. Similarly, if American Express considers Customer to be a high value customer, it may require Customer to maintain its agreement directly with American Express and designate Safe Cert or Safe Cert’s Payment Acquirer as Customer’s agent for American Express payments. If that is the case, Safe Cert will notify Customer of such a requirement.

5. Fees and Taxes
5.1. You agree to pay the applicable Fees for Payment Processing Services as listed in your Order, Application, or otherwise described in these Payment Processing Terms or the MSA. We reserve the right to change the Fees pursuant to Section 4.4 of the MSA.

5.2. Customer is responsible for determining what, if any, taxes apply to the sale of Customer’s goods and services and or the payments Customer receives via the Payment Processing Services and the Platform, and Customer is responsible for assessing, collecting, reporting, or remitting the correct tax to the proper tax authority. Safe Cert specifically disclaims any liability for taxes. Customer acknowledges that Safe Cert may make certain reports to tax authorities (including 1099 forms) regarding Customer and Customer’s use of the Payment Processing Services.

6. Exclusivity & Minimum Processing 
Unless authorized in writing by Safe Cert, you will not use any payment processing services other than the Payment Processing Services. In addition, except as authorized in writing by Safe Cert, Customer acknowledges and agrees that Customer is subject to an Inactivity Fee, (as listed in your Order, Application, or otherwise described in these Payment Processing Terms or the MSA) which will be assessed in the event Customer fails to meet required payment processing minimums. 

7. Applicable Laws and Network Rules 
Each Party will comply with all applicable law and Network Rules (as defined in Section 34.11) in connection with its obligations in these Payment Processing Terms. In the event of any inconsistency between these Payment Processing Terms and the Network Rules, the Network Rules will govern. Customer can review the Network Rules, which are available via the applicable payment card operators; we’ve provided links to these Rules in Section 34.11. The Payment Networks may amend the Network Rules at any time without notice to Customer, and Safe Cert reserves the right to change the Payment Processing Services at any time to comply with the Network Rules. 

8. Gift Card Services
Safe Cert may provide Customer with access to certain gift card services to support the issuance and management of gift cards and e-gift cards to its Clients. Gift cards sold by Customer are only available for redemption at Customer’s business. Customer agrees to pay Fees on each issuance of a gift card, as well as any fees associated with the ordering, printing, and shipping of gift cards. Safe Cert does not assess a fee on the redemption of a gift card and Customer may not assess or impose any fees or charges on the issuance, maintenance, or redemption of gift cards. The maximum value of any gift card is $1,000. Unless Customer receives pre-approval by emailing Safe Cert Support at support@blvd.co, Customer will not be permitted to issue more than $5,000 in gift cards to any single person in any one day. Customer may not impose an expiration date on gift cards and any unused balance of a gift card must remain available to the holder of the gift card until fully redeemed, even if Customer’s Customer Account is closed, suspended, or terminated. All gift cards and the funds associated with gift cards are Customer’s sole property. Any liability for the use or misuse of Customer’s gift cards, and any third-party claims arising from or relating to Customer’s gift cards, are Customer’s sole responsibility. Laws and regulations that apply to gift cards vary based on region, and Customer is solely responsible for compliance with all laws that apply to Customer’s gift cards, including notice and disclosure requirements, expiration dates and fees, refunds, unclaimed property, or escheat requirements (such as tracking, reporting, and remittance of unclaimed property balances in all states), and customer service for the purchasers and holders of Customer’s gift cards.

9. Honor All Cards 
Customer will accept all valid Cards (as defined in Section 34.4) when properly presented by Cardholders (as defined in Section 34.5) in payment for goods and services, subject to applicable Network Rules (as defined in Section 34.11). Customer must maintain a policy and engage in an acceptance practice that does not discriminate among Cardholders seeking to make purchases with a Card (versus some other means of payment accepted by Customer) and that does not discourage the use of a Card in favor of any other Card acceptance brand. If Customer requires Cardholders to pay a surcharge (meaning any fee charged in connection with a Transaction that is not charged if another payment method is used), Customer must comply with all applicable law and the Network Rules. Other than as expressly permitted by applicable law and the Network Rules, Customer must not add any amount over the advertised or normal price to a Transaction (as defined in Section 34.21). This prohibition includes, except where permitted, convenience fees (meaning fees charged by Customer for a bona fide convenience to the Cardholder that is not charged solely for the acceptance of the Card, such as using a payment channel outside of Customer’s customary payment channel), service fees (meaning fees assessed to a Cardholder that uses a Card to pay for goods and services in a permitted merchant category), any part of a merchant discount fee (meaning any fee Customer pays to Safe Cert for the Payment Processing Services), or any contemporaneous finance charge in connection with a Transaction. Customer may provide a discount to its Clients for cash payments; however, the discount must be given as a reduction from the standard price unless otherwise permitted by the Network Rules and applicable law. Customer must not require, or indicate that it requires, a minimum or maximum Transaction amount to accept a valid and properly presented Card unless otherwise permitted by the Network Rules and applicable law. 

10. Card Acceptance 
Customer will follow the steps provided by Safe Cert for accepting Cards in its Documentation and these Payment Processing Terms (including this Section 10), and will: (i) determine in good faith and to the best of its ability that the Card is valid on its face; (ii) obtain an Authorization (as defined in Section 34.3); and (iii) deliver a true and completed copy of the Transaction Record (as defined in Section 34.22) to the Cardholder at the time the goods are delivered or services performed where applicable, or, if the Transaction Record is prepared by a POS Device, at the time of the sale. For all Transactions (as defined in Section 34.21), including Card Not Present or Card On-File (“CNP”) Transactions: (iv) Customer may accept Cards only at locations that are within Payment Acquirer’s (as defined in Section 34.12) or Third Party Payment Processor’s (as defined in Section 34.20) permitted area; (v) Customer must prominently and clearly disclose to Cardholder, at all points of interaction, (vi) Customer’s name so that Cardholder can easily distinguish Customer from any other party (such as a supplier of products or services to Customer); and (vii) Customer’s location (physical address), which must be disclosed before Cardholder is prompted to provide Card information. Customer’s name and country location, as disclosed to Cardholder at the point of interaction and on Transaction receipts, must be the same as what is provided in Authorization and clearing Transaction messages. Customer must be identified in Authorization and clearing Transaction messages with the Merchant Category Code (MCC) that accurately reflects the primary business of Customer.

11. CNP Transactions. 
11.1. Customer understands that CNP Transactions have a higher risk of Chargeback (as defined in Section 34.7) and Customer assumes all risk associated with accepting CNP Transactions. Additionally, Customers approved for CNP Transactions must fulfill the following requirements:

(a) Operating Requirements. Customer must:

(i) conduct business activity and operations directly related to CNP Transactions in the United States and have a permanent establishment through which such Transactions are completed in the United States. By way of example and not limitation, a post office box address, the location at which a server is stored, the address of a warehouse having no business-related functions, the Uniform Resource Locator (URL) of a website, or address of the Customer’s law firm, vendor, or agent does not satisfy this requirement. In the absence of a permanent establishment, if Customer provides only digital goods, then Customer’s principals must work in the United States;

(ii) hold all necessary permits required under applicable law to conduct its business activity and operations in the United States as a domestic entity; 

(iii) have a United States address for correspondence and judicial process. A post office box or mail-forwarding address does not meet this requirement;

(iv) comply with United States federal, state, and local tax laws and regulations and pay income taxes on profits attributable to Transactions in the United States; and

(v) except as otherwise permitted by United States consumer law, Customer’s sale and transaction terms and conditions will state that Customer, as the contractual counterparty to the consumer, is subject to the laws and courts of the United States.

(b) CNP Transaction Record Data Requirements. The CNP Transaction Record to be delivered to a Cardholder by Customer must include the following:

(i) Customer’s location and a recognizable name for Customer such as:

Customer doing business as (“dba”),

Customer Universal Resource Locator (“URL”), or

Customer name used in the Transaction Record; Customer’s location and name must be the same as what was disclosed to the Cardholder at the point of interaction.

(ii) Customer’s customer service number(s) for goods or services delivered domestically or internationally;

(iii) the terms and conditions of restricted sales; and

(iv) if offered, the exact date a free trial period ends.

(c) Website Requirements for CNP Customers. A website operated by a CNP Customer must contain all of the following information prominently and clearly disclosed to the Cardholder at all points of interaction:

(i) the name of Customer, so that the Cardholder can easily distinguish Customer from any other party, such as a supplier of products or services to Customer; 

(ii) complete description of the products or services offered by Customer;

(iii) return merchandise and refund policy, which includes the communication of the return policy during the order process and the requirement that the Cardholder must be allowed to select a “click to accept” option or other affirmative button to acknowledge the policy;

(iv) terms and conditions of sale;

(v) Customer service contact including e-mail address or telephone number;

(vi) Transaction currency;

(vii) export or legal restrictions;

(viii) delivery policy;

(ix) consumer data privacy policy;

(x) the security method offered for transmission of payment data such as Secure Sockets Layer or 3-D Secure; and

(xi) Customer’s permanent location (full physical address) to enable the Cardholder to easily determine, among other things, whether the Transaction will be a domestic (United States) Transaction or a cross-border Transaction. Customer location must be disclosed before the Cardholder is prompted to provide Card information.

12. Installment Transactions, Partial Payments, and Recurring Payments.
12.1. Safe Cert’s Platform provides an interface to use the Payment Processing Services. The Platform can also assist with the management of Recurring Payments (as defined in Section 34.18). It is Customer’s responsibility to comply with all Network Rules (as defined in Section 34.11) related to Recurring Payments. If Customer processes installment Transactions, partial or full prepayments or Recurring Payments using stored Card credentials (commonly referred to as “Card on File”), Customer must obtain Cardholder consent. When Customer captures Card credentials for the first time, Customer will obtain an agreement with Cardholder that contains all of the following: 

(a) a truncated version of the stored Card credentials such as the last four (4) digits of the Card number; 

(b) a description of how the stored credentials will be used; 

(c) how the Cardholder will be notified of any changes in the agreement; and 

(d) the expiration date of the agreement, if applicable.

12.2. Prior to processing an installment Transaction or Recurring Payment, Customer must obtain Cardholder’s express consent to an agreement that contains:

(a) the Transaction amount and currency (including charges and taxes if applicable) or a description of how the Transaction amount will be determined;

(b) refund and cancellation policies; and 

(c) location of the Customer outlet.

For installment Transactions, the agreement must also contain (i) the total purchase price, and (ii) the terms of future payments including the currency, dates, and amounts. For Recurring Payments, the agreement must also contain the fixed dates or intervals on which the Transactions will be processed.

When capturing stored credentials for the first time, Customer will either (i) where payment is due, submit an Authorization request, or (ii) if payment is not then due, submit a Card account verification. If the initial Authorization request or Card account verification is not approved, Customer will not store the Cardholder’s credentials. If Cardholder initiates a Transaction using a stored Card credential, Customer must validate Cardholder’s identity (such as by use of a login ID and password) before processing each Transaction.

12.3. For any installment Transaction all of the following apply:

(a) Customer will not process an initial installment Transaction until the goods or services have been provided to Cardholder;

(b) if an Authorization request for a subsequent payment is declined, Customer will notify Cardholder in writing and permit Cardholder at least seven (7) days to pay by other means; 

(c) Customer will provide a simple cancellation procedure;

(d) if the order was initially placed online, all of the CNP requirements must be met;

(e) Customer will not complete a Transaction (i) beyond the duration expressly agreed to by Cardholder, (ii) if Cardholder requests a change in payment method, (iii) if Cardholder cancels according to the agreed cancellation policy, or (iv) if Customer does not receive Authorization; and

(f) if Cardholder cancels in accordance with the cancellation policy, Customer will provide Cardholder with the following within three (3) business days, (i) cancellation or refund confirmation in writing, and (ii) a Credit voucher for the amount specified in the cancellation policy. If Customer did not comply with the term of the sale or service, Customer will refund the full amount paid.

13. Additional Limitations on Transactions 
Customer will not submit any Transaction: (i) that adds any tax to the Transaction unless expressly required by applicable law (and any tax must be included in the Transaction amount and not collected separately); (ii) that represents the refinancing or transfer of an existing Cardholder obligation that is deemed to be uncollectible; (iii) that arises from the dishonor of a Cardholder’s personal check or from the acceptance of a Card at a terminal that dispenses scrip; (iv) that Customer knows or should have known to be fraudulent, illegal or not authorized by the Cardholder, or that it knows or should have known to be authorized by a Cardholder colluding with Customer for a fraudulent or illegal purpose; (v) until after the goods are shipped or services performed, as applicable, unless Customer has obtained Cardholder consent for a Recurring Payment Transaction; (vi) where a valid Authorization was required but not obtained; (vii) where multiple Authorizations for amounts less than the total sale amount have been obtained; (viii) which results in a disbursement of cash or cash equivalent to a Cardholder; (ix) that may damage the goodwill of Safe Cert or any of the Payment Networks or reflect negatively on the Payment Networks’ Marks or Safe Cert’s trademarks, service marks or tradenames, all as determined by Safe Cert; (x) for the sale of a product or service (including an image) which is patently offensive and lacks serious artistic value or for any other product or service that a Payment Network deems unacceptable to sell in connection with its Mark;  (xi) if Customer has previously sent the same Transaction to another acquiring bank and that acquiring bank has declined to process the Transaction; (xii) that has failed address verification; (xiii) that is already subject to a partial refund under these Payment Processing Terms or otherwise; or (xiv) is in violation of Safe Cert’s Acceptable Use Policy. Customer will not: (a) mislead any Cardholder into believing that their Transaction is being processed on one Card when it is actually being processed on another Card; (b) use the Payment Processing Services for illegal purposes, in violation of Safe Cert’s Acceptable Use Policy, or to interfere with or disrupt other users of the Payment Processing Services; (c) use any Card other than for the sole purpose of completing a bona fide Transaction with a bond fide Cardholder; or (d) reproduce or use a Cardholder’s signature for any purpose other than the Transaction for which it was obtained unless specifically requested by Safe Cert.

14. Advertising 
Customer’s use of promotional materials provided by Safe Cert and display of any tradename, trademark, symbol, service mark or logo type associated with a Card or Payment Network (collectively “Marks”): (i) is limited to informing the public that the Card will be accepted at Customer’s place(s) of business; (ii) will be as directed by Safe Cert; and (iii) must be in accordance with the Network Rules and branding requirements as may be in effect from time to time. Payment Network branding requirements can be found at www.merchantsignage.visa.com and www.brand.mastercard.com as well as additional areas of the websites for those and other Payment Networks. Customer will prominently display the promotional materials (including materials, acceptance decals, and signs containing the Marks) in its places of business at the point of interaction and on its POS Devices, such that they are clearly visible to the public at such locations. Customer may not use any promotional materials or Marks in any way which suggests or implies that Safe Cert, a Third Party Payment Processor (as defined in Section 34.20), or a Payment Network (as defined in Section 34.13) endorses any of Customer’s goods or services other than Card services. Customer will: (x) not use, adopt, register, or attempt to register a company name, product name, or trademark that is confusingly similar to any Payment Network Marks; (y) ensure that any promotional material or other documentation on which the Payment Network Marks appear does not infringe, dilute, or denigrate any of the Payment Network Marks or impair the reputation or goodwill of the Payment Networks or the goodwill associated with the Payment Network Marks; and (z) not refer to a Payment Network in stating eligibility for its goods or services or membership. Safe Cert may require Customer to make changes to its website or otherwise where Safe Cert deems it necessary or appropriate to ensure that Customer complies with the Network Rules governing use of the Marks. The Payment Networks may, at any time, immediately and without advance notice, prohibit Customer from using any of the Marks for any reason. Customer’s right to use and display promotional materials and Marks will terminate upon termination of these Payment Processing Terms, regardless of whether the entire Agreement is terminated, or upon Customer’s receipt of notification to discontinue use or display, whichever is earlier, at which time Customer will immediately cease use and return any inventory to Safe Cert. Use or display of the Marks does not give Customer any ownership or interest in such Marks. Each Payment Network is the sole and exclusive owner of its Marks and Customer will not contest the ownership of the Marks for any reason.

15. Responsibilities and Disclosures to Clients
When using the Payment Processing Services, Customer will: 

(a) accurately communicate, and not misrepresent, the nature and amount of the Transaction prior to submitting it to the Platform; 

(b) determine a Client’s eligibility and authority to complete Transactions;

(c) explicitly obtain a Client’s consent to have their payment credentials stored to be charged in the future for Recurring Payments in accordance with applicable Network Rules and laws;

(d) provide a receipt that accurately describes each Transaction to Clients; 

(e) provide Clients a meaningful way to contact Customer in the event that the Client’s purchase is not provided as described; 

(f) not use the Services to sell goods or services in a manner that is unfair or deceptive, violates Safe Cert’s Acceptable Use Policy, exposes Clients to unreasonable risks, or does not disclose material terms of a purchase in advance; 

(g) inform Clients that Safe Cert and the Payment Acquirers (as defined in Section 34.12) or Third Party Payment Processor (as defined in Section 34.20) processes Transactions (including payment Transactions) for Customer and acquire appropriate consent to submit Transactions through the Payment Processing Services on their behalf; 

(h) provide Clients any other necessary disclosures required by applicable law and the Network Rules; and

(i) not engage in unfair, deceptive, or abusive acts or practices (UDAAP).

16. Notification to Payment Networks 
If Customer misuses the Payment Processing Services for Transactions or engages in activities the Payment Networks (as defined in Section 34.13), Payment Acquirers (as defined in Section 34.12) or Issuing Banks (as defined in Section 34.10) identify as damaging to their brand, or if Safe Cert is required to do so by the Network Rules (as defined in Section 34.11), Safe Cert may submit information about Customer, Users, Cardholders, and other individuals associated with the Customer Account, to the applicable lists maintained by the Payment Acquirer or Payment Network. Customer understands and consents to the disclosure of this information and to the listing itself, and Customer: (i) assumes responsibility for its Users and Cardholders complying with the Network Rules, (ii) will fully indemnify Safe Cert for any losses Safe Cert incurs from third-party claims related to such disclosure or listing, and (iii) waives Customer’s rights to bring any direct claims against Safe Cert that result from such disclosure or listing. 

17. Payout Account
Customer understands and agrees that Safe Cert, the Payment Acquirer (as defined in Section 34.12), or Third Party Payment Processor (as defined in Section 34.20) will only clear and settle to Customer funds for Transactions that are actually received by the Payment Network. The Payment Acquirer or Third Party Payment Processor will settle funds by ACH to the commercial checking account that Customer designates (“Payout Account”). Customer represents that the Payout Account is owned by Customer, and administered and managed by a financial institution located in the United States of America. Customer authorizes Payment Acquirer, Third Party Payment Processor, and Safe Cert to initiate electronic ACH entries to the Payout Account or any bank accounts associated with the Customer Account for Fees and other amounts owed by Customer hereunder and to initiate adjustments for any Transactions credited or debited in error. Customer’s authorization will remain in full force and effect throughout the Term and, thereafter, until all of Customer’s financial obligations to Safe Cert are satisfied. Customer will complete ACH authorizations as requested by Safe Cert. 

Customer will maintain sufficient funds in the Payout Account to accommodate all Chargebacks, Returns, adjustments, Fees, Fines, and other payments due under these Payment Processing Terms. Customer must provide Safe Cert adequate notice before updating the Payout Account. If Customer updates the Payout Account, the above affirmations will continue to apply. Customer will provide documentary proof demonstrating Customer’s compliance with this Section upon Safe Cert’s request. Safe Cert may reduce, or cause to be reduced, the amount settled to the Payout Account by the amount of Fees, Fines, and any other amounts owed to Safe Cert. If Payment Acquirer or Third Party Payment Processor cannot transfer the funds to the Customer’s Payout Account (e.g., due to inaccurate or obsolete bank account information provided by Customer), Safe Cert may refund the funds to the Cardholder. None of Safe Cert, Payment Acquirer or Third Party Payment Processor or the Client will have any liability to Customer for funds so refunded. Safe Cert is not responsible for any delays in Payouts or Payouts sent to the wrong Payout Account resulting from incorrect information provided through the Customer Account or otherwise by Customer. Safe Cert is not responsible for detecting errors in any Payout Account information Customer provides, including the account numbers and routing numbers, even if those numbers do not correspond to the actual account or financial institution by name. 

18. Settlement Schedule
Safe Cert will batch your daily Transactions and will automatically initiate a Payout (as defined in Section 34.15) to your Payout Account of these daily Transactions within 2-3 business days from the Transaction date not including weekends and recognized Federal Bank Holidays. If the Customer has requested to enable custom batching of Transactions, Safe Cert will group Transactions for the 24-hour period preceding that custom time and initiate a Payout at the end of that business day.   Additional information about Payout Schedules can be found here. 

Notwithstanding the foregoing, Safe Cert reserves the right to delay or change the Payout Schedule or to suspend settlement to Customer, for example: (i) where there are pending, anticipated, or excessive disputes, refunds, or Chargebacks (as defined in Section 34.7) (ii) in the event that Safe Cert suspects or becomes aware of suspicious activity; (iii) where Safe Cert is required to do so by applicable law or court order; or (iv) where a Payment Network (as defined in Section 34.13), a Payment Acquirer (as defined in Section 34.12), a Third Party Payment Processor (as defined in Section 34.20), or the financial institution holding the Payout Account may delays settlement for any reason. In addition, Safe Cert has the right to withhold settlement to the Payout Account upon termination of these Payment Processing Terms if Safe Cert reasonably determines that Safe Cert may incur losses resulting from disputes, Chargebacks, fraud, or other financial or legal risks associated with the Customer Account. If Safe Cert exercises its right to withhold a Payout for any reason, Safe Cert will communicate the general reason for withholding the Payout and give Customer a timeline for releasing the funds. Customer acknowledges and agrees that Safe Cert is not responsible for any such delays, changes to the Payout Schedule, or for any action taken by the institution holding the Payout Account not to credit the Payout Account or to otherwise not make funds available to Customer as Customer expected pursuant to these Payment Processing Terms.

19. Reconciliation and Error Notification
The Platform contains details of Transactions, Transaction history, and other activity on the Customer Account. Except as required by applicable law, Customer is solely responsible for (i) compiling and retaining permanent records of all Transactions and other data associated with the Customer Account, Customer’s Transaction history and use of the Payment Processing Services, (ii) reconciling the information in the Platform generated by Customer’s use of Payment Processing Services with Customer’s records of Client Transactions, (iii) reconciling all Transaction information that is associated with the Payout Account, and (iv) identifying any errors in (ii) or (iii). If Customer believes that there is an error or unauthorized Transaction activity associated with Customer’s Account or Payout Account, Customer will promptly notify Safe Cert. Safe Cert will investigate any reported errors, and, when appropriate, will attempt to rectify them by crediting or debiting the Payout Account identified in the Platform. However, Customer should be aware that Customer’s ability to recover funds Customer has lost due to an error may be very limited or even impossible, particularly if Safe Cert did not cause the error, or if funds are no longer available in any Payout Account. For Transaction errors, Safe Cert will work with Customer and Payment Networks or Payment Acquirers or Third Party Payment Processors to correct a Transaction error in accordance with the applicable Network Rules or Third Party Payment Processor rules. Notwithstanding any provision herein to the contrary, if Customer believes there is any error in a settlement Payout including a failure to receive some or all of an expected Transaction settlement amount, Customer must notify Safe Cert within thirty (30) business days of the date of the relevant Transaction. If Customer believes there is an error in any of the Fees charged to Customer, Customer must notify Safe Cert of the suspected error within thirty  (30) business days of the disputed Fee first appearing in the Customer Account or thirty  (30) business days of the issuance of the invoice containing the disputed Fee, whichever is shorter. If Customer notifies Safe Cert after the applicable period stated above, Safe Cert will not have any obligation to investigate or effect any adjustment, and Customer will be deemed to have waived Customer’s right to make any claim against Safe Cert for any amounts associated with the error. 

20. Disputes and Refunds. 
20.1. Safe Cert’s Rights Regarding a Disputed Transaction. Even authorized Transactions may be subject to a dispute from a Client. Safe Cert is not responsible for or liable to Customer for Transactions that: (i) are later the subject of a dispute, Chargeback (as defined in Section 34.7), or refund; (i) are submitted without authorization or in error; or (i) violate these Payment Processing Terms or any applicable law. Customer will be immediately responsible to Safe Cert for all disputes, Chargebacks, refunds, Returns, or Fines, regardless of the reason or timing. Safe Cert may decline to act upon a refund instruction, or delay execution of the instruction, if: (a) it would cause the Customer Account balance to become negative; (b) Customer is the subject of bankruptcy proceedings; or (c) where Safe Cert otherwise believes that there is a risk that Customer will not meet Customer’s liabilities under these Payment Processing Terms (including with respect to the Transaction that is the subject of the refund instruction). Customer authorizes Safe Cert to withhold payments from Customer, or debit Customer’s Reserve, Payout Account or any payment instrument made available by Customer for the full amount of any dispute, refund, Reversal, Return, or Fine. 

20.2. Processing Returns and Refunds. Customer agrees to process Returns (as defined in Section 34.19) and provide refunds and adjustments to Clients for products and services in accordance with these Payment Processing Terms and the Network Rules (as defined in Section 34.11). The Network Rules require that Customer will: (i) maintain a fair return, cancellation, or adjustment policy; (ii) disclose Customer return or cancellation policy to Clients at the time of purchase; (iii) not give cash refunds to a Client in connection with a payment card sale, unless required by law; and (iv) not accept cash or any other item of value for preparing a payment Card sale refund. Customer’s refund policies must be the same for all payment methods. Customer will not submit any refund Transaction: (a) that does not correlate to an original sales Transaction from the Cardholder; (b) that exceeds the amount shown as the total on the original sales Transaction, unless the excess represents the exact amount required to reimburse the Cardholder for postage paid by the Cardholder to return merchandise in accordance with a policy applied consistently by Customer to all its Clients; (c) for returned goods that were acquired in a cash purchase from Customer; (d) that would cause an overdraft; or (e) more than three (3) business days following either: (y) a regulatory requirement granting a Cardholder’s right to a refund; or (z) a non-disputed Cardholder request. Refunds must be submitted within sixty (60) days of the original Transaction.

20.3. Liability for Lost or Stolen Payment Credentials. Customer is liable for all losses Customer incurs when lost or stolen payment credentials or accounts are used to purchase goods or services from Customer. 

21. Chargeback Liability 
The amount of a Transaction may be charged back to Customer if (i) it is disputed by a Cardholder; (ii) it is reversed for any reason; (iii) it was not authorized or Safe Cert has any reason to believe that the Transaction was not authorized; or (iv) it is unlawful, suspicious, or in violation of these Payment Processing Terms. Customer assumes all liability for such Chargebacks, any related Fines, and any applicable fees charged by Safe Cert in connection with such Chargebacks. Safe Cert, Payment Acquirer, or Third Party Payment Processor may debit such amounts from Customer’s Payout Account, and if Customer does not have sufficient funds in the Payout Account to permit Payment Acquirer or Third Party Payment Processor to ACH debit such account for the full amount owing, Safe Cert can offset the amounts thereof from other Transaction amounts owing to Customer hereunder, or oblige Customer to make immediate payment thereof. Customer will assist in the investigation of any and all Chargebacks and will timely provide such information to Safe Cert as Safe Cert may request.

22. Investigations
Customer will assist Safe Cert when requested to investigate any Transactions related to the Customer Account. Customer will produce records that assist Safe Cert in contesting any dispute. If Safe Cert needs to conduct such an investigation, if Safe Cert has reasons to expect a dispute, or if Safe Cert is required to do so by law or court order, Safe Cert reserves the right to temporarily defer Payouts, restrict access to Customer’s funds, or withhold funds from Customer’s Reserve until Safe Cert reasonably believes in its sole discretion such matter has been.

23. Reserve
Safe Cert may create a reserve account (a “Reserve”) in an amount that reflects Safe Cert’s assessment of risk, as it may determine from time to time, to provide a source of funds for any amounts you owe. Safe Cert may change or condition the terms of the Reserve based on its continuous assessment and understanding of the risks associated with the Customer’s activities or if required to do so by Third Party Payment Processors, Payment Networks or Payment Acquirers. Safe Cert may fund the Reserve by setoff from Transaction funds processed through Customer’s use of Payment Processing Services, by debiting the Payout Account or another bank account associated with the Customer Account by ACH, or by requesting funds directly from Customer. Customer will pay all amounts requested by Safe Cert for the Reserve within one (1) business day of a request for such amounts. Safe Cert may apply credits in the Reserve against any outstanding or future amounts Customer may owe under these Payment Processing Terms or any other agreement between Customer and Safe Cert. Safe Cert will release any amounts remaining from the Reserve after all other then-current and contingent liabilities or obligations related to Customer’s receipt of the Payment Processing Services have expired.

24. Collection and Set-Off Rights
Customer will pay all amounts owed to Safe Cert on demand. Where amounts are owing from Customer to Safe Cert, Safe Cert will have the right to set-off or debit such amounts from (i) the Reserve, (ii) funds due Customer under these Payment Processing Terms, or (iii) funds available in the Payout Accounts or any bank accounts associated with the Customer Account.

25. Cardholder Data Security 
Customer will not: (i) use any Cardholder Data (as defined in Section 34.5) or other Transaction data received in connection with the Payment Processing Services for any purpose not authorized by these Payment Processing Terms and Safe Cert’s Privacy Policy, or (ii) disclose any Cardholder Data or other Transaction data to any entity or person other than Safe Cert except for necessary disclosure to an applicable Cardholder. If Customer collects, stores, uses, or discloses any Cardholder Data, it will comply with the PCI DSS and will certify such compliance when requested by Safe Cert. Customer will use only PCI DSS compliant third-party providers in connection with the storage, processing, or transmission of Cardholder Data. Customer has sole responsibility for the security of Cardholder Data and other information on Customer’s systems and systems under Customer’s control. Customer will maintain reasonable and appropriate administrative, physical, and technical safeguards so as to prevent a breach of Customer or Cardholder Data. In the event of any actual compromise, unauthorized access, disclosure, theft, or unauthorized use of Card or Cardholder Data in possession or control of Customer or any of its third party providers, Customer will immediately notify Safe Cert thereof and also comply with all applicable law and Network Rules concerning the breach.

26. Data Related to Payment Processing Services. 
26.1. For Safe Cert to approve and continue to provide Customer with the Payment Processing Services, Customer must provide Safe Cert with information (via an Application, Order, or as otherwise requested by Safe Cert), including financial information, government-issued identifications for principals, supplier invoices, business licenses, and any other information requested by Safe Cert or that is necessary to comply with the requirements of the Bank Secrecy Act, as amended by the US PATRIOT Act of 2001, or as otherwise amended, modified, or replaced from time to time, as well as requirements of the Office of Foreign Assets Control (“OFAC”), identifying Customer and Users, including persons having at or more than a 25% ownership or control persons having significant responsibility to control, manage or direct the Customer. Customer will promptly notify Safe Cert of any changes in such information. Safe Cert may share this information with Third Party Payment Processors, Payment Networks, Payment Acquirer, and others related to the Payment Processing Services, as well as credit bureaus and other information providers, in order to verify Customer’s eligibility to use the Payment Processing Services, establish any necessary accounts or credit with Third Party Payment Processors, Payment Networks and Payment Acquirers, monitor Transactions and other activities, conduct risk management, and comply with Applicable Law. Customer also authorizes Safe Cert to retrieve information about Customer from third parties, including credit bureaus and other information providers. 

26.2. On an ongoing basis, Customer will promptly provide Safe Cert with the current address of each of its offices, all “doing business as” (DBA) names used by Customer, and a complete description of goods sold and services provided to Clients.

27. Customer Data Consent
Customer expressly consents for each of Safe Cert, Payment Acquirer (as defined in Section 34.12), Third Party Payment Processor (as defined in Section 34.20), and all third parties that assist in the delivery of the Payment Processing Services to collect, use, store and disclose Customer information (including as provided in any Application or Order), and information concerning Cardholders, Users, and Transactions in order to supply the Payment Processing Services, generate reports, reduce fraud, provide customer support, create, use, and share Usage Data (as described in Section 5.1.1 of the MSA) related to the Payment Processing Services, and assess the risk associated with Customer. Safe Cert may share with the Payment Networks (and the Payment Acquirer and Third Party Payment Processor) information provided by Customer that Safe Cert uses to identify the nature of Customer’s services, including the assignment of Customer’s business activities to a particular Payment Network merchant category code (MCC), and Payment Networks will have the right to use Customer name, address, and internet addresses.

28. Termination 
28.1. Safe Cert may terminate Customer’s use of the Payment Processing Services at any time, for any or no reason (including if directed by a Payment Network). Upon termination of these Payment Processing Terms, Customer will immediately stop accepting new Transactions (but may complete pending Transactions if permitted) and will otherwise cease using the Payment Processing Services unless Safe Cert notifies Customer in writing that Safe Cert will continue to provide services through an alternate provider. If Customer ceases using the Payment Processing Services, or the Customer Account is canceled or suspended by Customer or Safe Cert, then Customer’s access to the Payment Processing Services will immediately cease. Safe Cert may delete all Customer Data on any termination of these Payment Processing Terms, but may retain copies thereof for up to five (5) years or as permitted by applicable law or Network Rules. Any funds due to Customer will be paid out to Customer subject to the terms of Customer’s Payout Schedule and Safe Cert’s, Payment Acquirer’s and Third Party Payment Processor’s rights set forth herein.

28.2. Customer may terminate the Payment Processing Services for the reasons set forth in Section 6.2 of the MSA.

28.3. Safe Cert’s obligation to provide Payment Processing Services under these Payment Processing Terms will automatically and immediately terminate if a Payment Network de-registers Safe Cert as a payment facilitator. Additionally, Safe Cert’s obligation to provide Payment Processing Services under these Payment Processing Terms will automatically and immediately terminate if the Payment Acquirer or Third Party Payment Processor assisting in the provision of the Payment Processing Services ceases to be approved by the Payment Networks for any reason or if any such entity fails to have a valid license with the Payment Networks to use any Mark accepted by Customer, unless Safe Cert has advised Customer in writing that Safe Cert will provide such services through another Payment Acquirer or Third Party Payment Processor. Customer will not take any action that could interfere with or prevent the exercise of any rights by a Payment Network.

29. Insurance
Customer will maintain insurance covering the types of risks and in amounts that are customary for a business of the type and size operated by Customer. On request, Customer will provide Safe Cert with copies of its declaration pages and insurance policies.

30. Additional Representations, Warranties, and Covenants
In addition to Customer’s representations and warranties made in the MSA, Customer represents and warrants that (i) Customer will uphold the underwriting standards of our Payment Acquirer, Third Party Payment Processor, the Network Rules, and applicable law (including the FDIC regulations, the Bank Secrecy Act and Anti-Money Laundering Laws, and other similar guidelines and regulations set forth by the Office of the Comptroller; (ii) Customer will only process Transactions on behalf of the business entity(ies) identified under the Customer Account or otherwise specified in the Application; and (iii) that each Transaction you process through our Payment Processing Services (a) represents a bona fide sale; (b) accurately describes the goods and/or services provided to your Client; (c) you will fulfill all of your obligations to the Client and will resolve any dispute or complaint directly with the Client; (d) you and the Transaction comply with all federal, state, and local laws, rules, and regulations applicable to you and your business, including any applicable tax, wage and hour, and tip laws and regulations; (e) except in the ordinary course of business, you are not submitting a Transaction that represents a sale to any principal, partner, proprietor, or owner of your entity; and (f) you are not submitting a transaction involving your own payment methods (except for reasonable test swipes that you void upon completion).  

31. Prohibited Activities
Customer will not use the Payment Processing Services to assist in any illegal activity or any activity prohibited under Safe Cert’s Acceptable Use Policy. Additionally, Customer will not: (a) provide to Safe Cert with any inaccurate, incomplete, or misleading information; (b) fail to provide Safe Cert with timely notification of events that have caused or could cause material changes in the Customer’s ability to fulfill its obligations under these Payment Processing Terms, including (i) adverse changes in the Customer’s financial health; (ii) adverse changes in the Customer’s business conditions or environment; or (iii) actions by governmental or non-governmental agencies; (c) transferring or attempt to transfer its financial liability by; (d) submitting Transactions on behalf of another entity that the Payment Networks would consider a sub-ISO, payment service provider (PSP), payment facilitator, or other third-party payment provider; or (e) submitting Transactions from a place of business not in the United States.

32. Additional Indemnity
In addition to Customer’s indemnification obligations in Section 8 of the MSA, any Claims made or brought against a Safe Cert Indemnified Party arising from or relating to the following will be Customer Indemnifiable Claims: (i) any claim or dispute arising out of products or services offered or sold by you underlying a Transaction; (ii) as described in Section 16 above; and (iii) any violation by Customer of these Payment Processing Terms. 

33. Survival
Provisions of these Payment Processing Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms.

34. Payment Processing Terms of Service Definitions
As used in these Payment Processing Terms:

34.1. “ACH” means the Automated Clearing House. 

34.2. “Application” means an electronic or paper form completed by Customer in relation to procuring the Payment Processing Services, which will form a part of these Payment Processing Terms and constitute representations by Customer hereunder.

34.3. “Authorization” means a computerized function or a direct phone call (voice authorization) to a designated number to examine individual Transactions for the purpose of obtaining approval from the applicable Issuing Bank or Third Party Payment Processor to charge or debit the payment method, as applicable, for the amount of the sale.

34.4. “Card” means a credit, debit, prepaid or gift, or other payment card or account number issued by an Issuing Bank that Safe Cert is able to process.

34.5. “Cardholder” means the Client whose name is embossed upon the face of a Card, or other authorized users of a Card.

34.6. “Cardholder Data” means information associated with a Card, such as account number, expiration date, and CVV2.

34.7. “Chargeback” means a Transaction reversal arising out of a Dispute or a Transaction that is returned unpaid by the Issuing Bank for violation of applicable law , error, or other applicable reason.

34.8. “CNP” (also known as Card Not Present or Card On-File) means neither the Cardholder nor the credit card is physically present at the time of the Transaction because the Card sale occurs over the internet, by telephone or by mail order.

34.9. “Fine” means any fines, levies, or other charges imposed by a Third Party Payment Processor, a Payment Network, Client’s financial institution or a Payment Acquirer, caused by Customer’s violation of the Network Rules or applicable law , or as otherwise permitted by the applicable Network Rules.

34.10. “Issuing Bank” means a member of a Payment Network that issues Payment Network-branded Cards to Cardholders pursuant to the Network Rules.

34.11.“Network Rules” mean the rules, regulations, and standards of the National Automated Clearing House Association (“NACHA”) and the Payment Networks, including the Payment Card Industry Data Security Standards (“PCI DSS”) and any other program or requirement that may be published or mandated by the Payment Networks. Merchant will refer to the following for applicable PCI-DSS and Payment Network requirements, as may be updated from time to time: 

PCI-DSS
Visa’s CISP program
Mastercard’s SDP program
Discover's DISC website
In addition, the Payment Networks make excerpt of their Network Rules available online, including via:

Mastercard’s business overview site
Visa’s Rules and Policy site
American Express’ Merchant Operating Guide
Discover’s website
34.12. “Payment Acquirer” means a financial institution that is authorized by a Payment Network to enable the use of a Card by accepting Transactions from Clients through the Platform and routing the Transactions to the Payment Network.

34.13. “Payment Network” means Visa, Mastercard, Discover, American Express, or such other payment networks as Safe Cert indicates are compatible with the Payment Processing Services.

34.14. “Payment Processing Services” are services that Customer may use to accept Card payments from Clients for Transactions, manage subscriptions, and perform transaction reporting and Marketing Program accounting, whether provided directly by Safe Cert or via a Payment Acquirer or Third Party Payment Processor under these Payment Processing Terms.

34.15. “Payout” means the amount due to Customer from Customer’s Transactions, minus Fees, refunds, Chargebacks, Returns, and any set-off and other amounts due to Safe Cert or other parties.

34.16. “Point of Sale” or “POS” means Safe Cert’s interface to use the Payment Processing Services.

34.17.“POS Device” means terminal, software or other point-of-sale device at a Customer location that conforms to the requirements established from time to time by Safe Cert and the Network Rules.

34.18. “Recurring Payments” is functionality that enables Customer to receive payment on a repeat or regular basis for ongoing subscriptions and memberships, or payment by installment, from Clients.

34.19. “Return” means an instruction initiated by Customer, a Client, a Payment Network or Payment Acquirer or Third Party Processor or Safe Cert to return funds related to a Transaction.

34.20. “Third Party Payment Processor” means a third party payment processor that facilitates Customer’s transactions through the Platform, such as Stripe, PayPal, Google Pay, and Apple Pay.

34.21. “Transaction” means an action between Customer and a Cardholder related to payment for goods or services using a Card that results in actual or attempted activity on the Cardholder’s account. 

34.22.“Transaction Record” means the paper or electronic record evidencing a Transaction.

 1. Introduction
This Acceptable Use Policy (or “AUP”) is a binding legal agreement between you and Safe Cert Labs, Inc. (“Safe Cert”) that describes rules that apply to your access and use of the Safe Cert Services and Platform, as well as the access and use of your Users and Clients. Customer is responsible for its Users’ and Clients’ compliance with this AUP. While this AUP describes usage and activities in connection with our Services that we prohibit, the list of prohibited conduct in this AUP is not exhaustive. If Customer or any User or Client violates this AUP, Safe Cert may suspend or terminate Customer’s use of the Services. 

You acknowledge that this Acceptable Use Policy is hereby incorporated into and made part of the Main Services Agreement (“MSA”). If you see an undefined term in this Acceptable Use Policy, it has the same definition as in the MSA. Except as expressly provided herein, the AUP supplements the Parties' rights and obligations under the MSA. This AUP may be updated by Safe Cert from time to time upon reasonable notice, which may be provided via Customer’s Account, email, or by posting an updated version of this AUP at https://www.joinblvd.com/legal/acceptable-use-policy. Your continued use of the Services shall be deemed your conclusive acceptance of any such revisions. 

BY USING OR OTHERWISE ACCESSING THE SAFE CERT SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS POLICY, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS AUP, YOU CANNOT USE THE SERVICES.

2. No Misuse of the Services. 
Do not use the Services to engage in or encourage any activity that is illegal, deceptive, harmful, a violation of others’ rights, or harmful to Safe Cert’s business operations or reputation.

3. No Infringing, Illegal, Inappropriate, Threatening, Defamatory, or Offensive Uses. 
You may not use the Services to violate any Applicable Law. “Applicable Law” includes all applicable laws, rules, regulations, or governmental orders applicable to you, your business, or the subject matter of this AUP, the MSA, and the use of our Services, including, without limitation, laws governing the use of individual information, deceptive and misleading business practices and advertising, privacy laws, anti-money laundering laws, electronic commercial communications, telemarketing and other similar laws, which include without limitation the U.S. Telephone Consumer Protection Act of 1991, U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 and the Canada Anti-SPAM Legislation, if applicable, and each as amended. 

Without limiting the foregoing, you shall not use the Services for, or in connection with, the following:

• Theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property.

• Fraud; forgery; or theft or misappropriation of funds, credit cards, or personal information.

• Creating a false identity or any attempt to impersonate any person or entity, including, but not limited to, Safe Cert personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Attempting to mislead others as to the identity of the sender or origin of any data or communications. 

• Making available any content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically, or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any Applicable Law or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities.

• Making available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).

• Bullying, stalking, threatening, or otherwise harassing any person or entity, including Safe Cert employees or partners.

• Export, re-export, or transfer of restricted software, algorithms or other data in violation of applicable export control laws.

• Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, treaty, or regulation, or any order of a court.

• Deceptive practices such as posing as another service for the purposes of phishing or pharming.

• Distributing any materials of a threatening or harmful nature, including without limitation threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or which facilitate extortion or harmful action.

• Distributing any offensive materials, including without limitation obscene, pornographic, indecent or hateful materials and materials which promote gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Sending unwanted telemarketing, promotional or informational messages without having procured the necessary consents, rights and license from the recipient(s) of your messages.

• Sending messages in violation of the U.S. National Do Not Call Registry or related considerations under Applicable Law.

• Sending Protected Health Information (“PHI”) unless you are allowed under Applicable Law and have completed all the required steps to process PHI on the Safe Cert Platform, as described in the MSA.

• Offering marijuana and CBD-related products or services.

Registering for more Customer Accounts than for which fees have been paid or register for an Account on behalf of an individual other than yourself. Advocate, encourage, or assist any third party in doing any of the foregoing activities in this section.

4. No Violations of Industry Standards. 
You may not use the Services to violate Industry Standards or telecommunications providers’ requirements or guidance, including those of The Campaign Registry (“TCR”), including, but not limited to,  any of the foregoing that require (a) consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications, (b) compliance with opt-out requests for any data or communications, or (c) prohibition of messages containing restricted content.

5. Regulated and Sensitive Information. 
You agree to follow best practices for processing and storing credit card information on our Platform. You are not permitted to use or cause the Services to store or process sensitive or otherwise regulated health or financial information, including Protected Health Information, cardholder data protected under PCI-DSS regulations (such as credit or debit card data), or other financial data (including any bank account details). You acknowledge and agree that we are not responsible for any liabilities arising from your violation of this restriction.

6. No Inappropriate Content or Users.
Do not use the Services to transmit or store any content or communications (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, or objectionable, including, but not limited to, content or communications that Safe Cert determines (a) is false or inaccurate; (b) is hateful or encourages hatred or violence against individuals or groups; or (c) could endanger public safety. This prohibition includes the use of the Services by a hate group. Customer and its Users are also prohibited from using the Services to promote, or enable the transmission of or access to, any prohibited content or communications described in this Section.

7. Restricted Services & Transactions.
You agree not to use the Services, including our Payment Processing Services, to advertise or provide services or process transactions that are illegal, or restricted by card networks, our processors, or our financial institutions. Marketing services, providing such services, or processing transactions in violation of this may result in a restriction of Service access and/or termination of your Customer Account and our Agreement with you (“Restricted Services & Transactions”). Restricted Services & Transactions include, but are not limited to:

• Adult

• Dating services

• Massage parlors

• Sex work

• Drug

• Drugs or drug paraphernalia

• Marijuana and CBD-related products or services

• Peptides

• Personal enhancement products or nutraceuticals (vitamins, supplements, herbals)

• Pharmaceuticals

• Pseudo pharmaceuticals

• Financial services

• Cash advances

• P2P payments

• Money transmitter

• Gambling, Lottery

• Contests, sweepstakes, or raffles

• Offering prizes as an inducement to purchase goods or services

• High Risk

• International card sales greater than 20% of total sales

• Merchants who are known to have labor/working condition issues

• High Risk (Cont’d)

• Merchants whose proceeds may have the potential to impact indigenous peoples

• Merchants who have been subject to allegations and impacts related to human rights violations

• Money-back guarantees exceeding 30 days

• Illegal

• Counterfeit or possibly counterfeit goods, or products that infringe on the intellectual property rights of others

• Deceptive, unfair, or predatory practices

• Hate, violence, racial intolerance, terrorism, the financial exploitation of a crime, or items or activities that encourage, promote, facilitate, or instruct others regarding the same

• Unlawful activities, illegal substances or products, or items that encourage, promote, facilitate, or instruct others regarding the same

• Regulated

• Age-restricted products or services, such as alcohol

• Firearms, including ammunition

• Tobacco, cigarettes, e-cigarettes, hookah

• Weapons of any kind

In addition, you agree not to use the Services, including our Payment Processing Services, to not submit any Transactions that are illegal, fraudulent, or unauthorized and will only submit transactions for the sale of your own goods and services.

8. Interference with the Services. 
You may not interfere with or otherwise negatively impact any aspect of the Services. You may not use the Services to violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other systems accessible through, or in connection with, the Services. You shall not use the Services in a manner that interferes with any other party’s ability to use and enjoy the Services, that interferes with Safe Cert's or its service partners’ ability to provide the Services, or that otherwise may create legal liability for Safe Cert or its service partners in Safe Cert’s sole discretion. You shall not use the Services to violate the acceptable use policy or terms of service of any other service provider, including, without limitation, any Internet service provider. 

Without limiting the foregoing, you shall not use the Services for, or in connection with, the following:

Reverse engineering, copying, disassembling, or decompiling the Services.

Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services.

Finding security vulnerabilities to exploit the Services or attempting to bypass any security mechanism or filtering capabilities.

Attempting to gain unauthorized access to the Services.

Hacking, cracking into or otherwise using the non-public areas of the Services or any other system without authorization.

Unauthorized probes or port scans for vulnerabilities.

Unauthorized penetration tests, traffic that circumvents authentication systems or other unauthorized attempts to gain entry into any system.

Web crawling or scraping.

Unauthorized network monitoring or packet capture.

Forged or non-standard protocol headers, such as altering source addresses.

Flooding.

Denial of Service (DoS) attacks or any other conduct that attempts to disrupt, disable, or overload the Services.

Transmitting or distributing unauthorized code, data, files, scripts, agents or programs intended to do harm to the Services, including malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code

Using automated means, such as bots, to gain access to or use our Services, including our Platform and Software.

Operating network services such as open proxies; open mail relays; or open, recursive domain name servers.

Sharing or publishing content from the Services to cause, or have the consequence of causing, the user of the content to be in violation of the MSA or this AUP.

Advocate, encourage, or assist any third party in doing any of the foregoing activities in this section.

9. No Spam.
You shall not use the Services for purposes of distributing text messaging “spam,” bulk unsolicited messages, or any other form of unsolicited electronic communications distributed on a bulk basis to recipients with whom you have no pre-existing business or personal relationship. You shall not use the Services to collect responses from spam. You shall not harvest, collect, gather, or assemble information or data of users, including email addresses, without their consent. You are solely responsible for obtaining all necessary and appropriate rights, licenses, and consents from those person(s) and entity(ies) with whom you message or otherwise communicate via the Services, prior to commencing any such messaging or communication. Additionally, you shall not use the Services to send unwanted messages to individuals who have asked to stop receiving messages through any medium. To the extent required by Applicable Law, you must track and record all such requests specific to your business. You must also provide recipients of those MMS/SMS messages you send via the Services with conspicuous notice of their ability to opt-out from receiving any future text messages, by texting STOP in a stand-alone message with no additional characters or punctuation. Without limiting the foregoing, you shall not use the Services for, or in connection with, the following:

Sending pyramid schemes.

Sending chain letters.

Sending any mail in contravention of Applicable Law.

Altering or obscuring mail headers or assuming the identity of a sender without the explicit permission of that sender.

Advocate, encourage, or assist any third party in doing any of the foregoing activities in this section.

10. Data Safeguards. 
You must take reasonable security precautions in connection with your use of the Services. You are responsible for the actions and omissions of your Users and anyone to whom you provide access to the Services or the content you create using the Services. 

11. Violations.
Safe Cert has the right, but not the obligation, to monitor or investigate your use of the Service at any time for compliance with this AUP or any other Terms. If we believe that (i) your conduct violates the letter or spirit of this AUP, (ii) you engage in activities that could damage our reputation, or (iii) you behave in a matter that opposes our Company's Core Values, we reserve the right to take any corrective action that we deem to be appropriate. 

Corrective action may include but is not limited to, blocking your payment transaction, holding funds, suspending or restricting your use of the Safe Cert Services, or terminating your Customer Account. Our determination of whether a violation of this Policy has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion. Safe Cert reserves the right to investigate and take appropriate legal action in accordance with the Terms.

If you believe someone else has violated this Policy, please report the violation to Safe Cert by emailing support@joinblvd.com.

1. Introduction
These Professional Services Terms (“Professional Services Terms”) are a binding legal agreement between you and Safe Cert Labs, Inc. (“Safe Cert”) that govern the Professional Services we provide to you in connection with Safe Cert Services. By using our Professional Services, you agree to comply with these Professional Services Terms. 

In order to use our Professional Services, you must be at least 18 years old, must have a Customer Account in good standing in accordance with the Main Services Agreement (“MSA”), and must keep your payment and personal information accurate and complete. Professional Services may only be used for business purposes.

The MSA separately governs your use of the Safe Cert Services. If you see an undefined term in these Professional Services Terms, it has the same definition as in the MSA. You acknowledge that these Professional Services Terms are hereby incorporated into and made part of the MSA. Except as expressly provided herein, these Terms supplement the Parties' rights and obligations under the MSA. In the event of any conflict between the MSA and these Professional Services Terms, these Terms will apply with respect to the provision and use of the Professional Services. These Professional Services Terms may be updated by Safe Cert from time to time upon reasonable notice, which may be provided via Customer’s Account, email, or by posting an updated version of these Professional Services Terms at https://www.joinblvd.com/legal/professional-services-terms.

2. Our Professional Services
Safe Cert will provide the Services to you, on your behalf, as described in an Order and/or in any accompanying statements of work, or on our Platform. Professional Services may include but are not limited to, implementation services, data migration services, consulting or advisory services, and custom development for the Platform. Each Party shall designate a project lead with the qualifications, expertise, and knowledge who is authorized by that party to act as a liaison between Customer and Safe Cert and assume the responsibilities detailed in the Joint Project Management Responsibilities and Tasks Section below in Section 5 of these Terms (“Project Lead”).

Safe Cert reserves the right to subcontract any or all portions of the Professional Services. Safe Cert shall submit written or verbal status reports on the Professional Services as necessary and mutually agreed upon by Customer and Safe Cert.

Safe Cert shall notify Customer of the status of Professional Services hours consumed on a regular basis. Additionally, Safe Cert shall also notify Customer when Professional Services have been completed in accordance with the agreed upon Order. 

3. Our Relationship
Notwithstanding any provision hereof or in the MSA, for the purposes of performing the Professional Services on your behalf, Safe Cert is an independent contractor to Customer, and not an employee, agent, partner, or joint venturer. Safe Cert is solely responsible for the manner and hours in which the Professional Services are performed. Nothing in these Terms will prohibit, restrict, or limit Safe Cert from performing the same or similar Services for other third parties, including Customers.  

4. Our Performance Dates & Fees
Our fees and service dates will be specified in the Order or in any accompanying statements of work, in accordance with the MSA. Safe Cert will use reasonable efforts to meet any performance dates specified. Customer acknowledges and agrees that such dates are estimates only and subject to change. Likewise, the fees specified assume standard conditions, Customer’s availability, and the number of hours dedicated to the services. Customer acknowledges and agrees that Safe Cert may need to charge additional fees to complete the service, with reasonable notice, if we encounter unforeseen complexity, delay, or other issues.  

Travel & Expenses: Travel and other related expenses approved by Customer will be submitted to Customer in an invoice, as incurred, and are due upon Customer’s receipt of the relevant invoice. 

5. Project Leads
The Project Leads for both Safe Cert and Customer shall ensure the responsibilities and tasks described in the Terms or as otherwise required to perform the Professional Services. Each Project Lead shall ensure that an authorized representative shall promptly review and approve documents and specifications in accordance with these Terms. The Project Leads shall work together to:

5.1. coordinate, schedule, and monitor all resources and activities related to the Professional Services;

5.2. coordinate and monitor all project change process activities related to the Professional Services;

5.3. act as the focal point for communications between Customer and Safe Cert during the provision of all Professional Services;

5.4. attend Safe Cert and Customer status meetings, as applicable; and

5.5. upon becoming aware of a situation that may delay, or threatens to delay, the timely performance of the Professional Services, promptly initiate the project change process as described in the Project Change Process Section below to address the potential delay.

6. Customer Responsibilities
Customer acknowledges that Safe Cert’s ability to perform and complete the Professional Services is contingent upon Customer’s obligations, as set forth in this Section. In particular, Customer shall cooperate with us in all matters related to the Professional Services, including but not limited to:

6.1. completing all preliminary tasks necessary to commence the Professional Services, as specified by Safe Cert;

6.2. making knowledgeable staff available to Safe Cert promptly upon a request to provide background information, clarification of information, systems administration, and operation required to perform the Professional Services;

6.3. responding promptly to any Safe Cert request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Safe Cert to perform the Professional Services;

6.4. providing such materials, access, or information as Safe Cert may reasonably request to carry out the Professional Services in a timely manner, and where such access includes Customer’s accounts, systems, or other tools, to remove such access after the Professional Services are complete;

6.5. ensuring that any materials or information you provide are complete, accurate, and up-to-date in all material respects; 

6.6. where applicable, providing such access to your premises, and such office accommodation and other facilities as may reasonably be requested by us, for the purposes of performing the Professional Services;

6.7. should the Professional Services include electronic/network transfer of data, provisioning and enabling any network components or other professional services required to facilitate the data transfer;

6.8. participating in testing of the Safe Cert Services; and 

6.9. obtaining and maintaining all necessary licenses and consents and complying with all applicable laws in relation to your business and the Professional Services.

Customer shall be responsible for any business and data application testing and all necessary data backup in preparation for and during the performance of the Professional Services. Customer acknowledges that testing and acceptance of the Safe Cert Services is the responsibility of Customer and that such testing must be done to report any error before the Services are finalized.

If Safe Cert’s performance of its obligations under these Terms is prevented or delayed by any act or omission by you or your agents, subcontractors, consultants or employees, Safe Cert shall not be deemed in breach of its obligations under these Terms or otherwise liable for any costs, charges or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such prevention or delay. Customer’s breach of this Section will be grounds for Safe Cert to terminate these Terms with immediate effect. 

7. Change Requests
Either party may initiate change requests. Any change to the scope of the Professional Services shall be coordinated with the Party’s Project Leads. The Project Lead of the Party initiating a change request shall submit each request to the other Party’s Project Lead in writing, and then both Project Leads shall review such request for validation.

Customer change requests must be previously approved by Safe Cert in writing. Safe Cert may, from time to time change the Professional Services without your consent, provided that such changes do not materially affect the nature or scope of the Professional Services, or the fees set forth in the Order. In addition, and as described above in Section 3, Safe Cert reserves the right to update the performance dates specified in the Order.   

8. Additional Intellectual Property Provision
In addition to each Party’s Ownership of Intellectual Property Rights described in Section 5 of the MSA, and as between the Parties, each Party shall retain ownership of all its preexisting or independently developed intellectual property and data provided to the other party as part of the Professional Services. Safe Cert shall retain all rights, title, and interest in and to all copryrightable works, deliverables, designs, inventions, software, techniques, trade secrets, work product, development tools, know-how, methodologies, processes, technologies, or algorithms used in providing the Professional Services and/or created by Safe Cert as part of the Professional Services provided to Customer (either alone or jointly with Customers or others), and any derivative works thereof, excluding any Customer Confidential Information and Customer Background Materials (as defined below). 

Customer and its licensors are, and shall remain, the sole and exclusive owner of all right, title, and interest in and to the Customer Background Materials, including all intellectual property rights therein. “Customer Background Materials” means any documents, know-how, methodologies, software, and other materials provided to Safe Cert by Customer, including but not limited to computer programs, reports, designs and specifications,  and data required by Safe Cert to complete the Professional Services. Customer hereby grants Safe Cert a non-exclusive, royalty free, fully paid up, worldwide, non-sublicenseable (except to contractors performing Professional Services in the ordinary course of business) right and license to use and exploit Customer Background Materials during the Term solely to perform the Professional Services. 

No license to any patents, trade secrets, trademarks, or copyrights is deemed to be granted by either Party to any of its patents, trade secrets, trademarks, or copyrights except as otherwise expressly provided in the Agreement.

9. Additional Performance Warranty and Disclaimer
In addition to Safe Cert’s Performance Warranty, Disclaimer, and Limitation of Liability described in Section 7 of the MSA, Safe Cert represents and warrants to you that it shall perform the Professional Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.

Customer acknowledges that Safe Cert shall not be liable for and does not warrant any transfer of data, the timeliness thereof, or the accuracy, security, or success of such transmission activities. Likewise, Customer acknowledges that Safe Cert shall not be liable for and does not warrant the results, outcomes, or final delivery of the Services. In addition, Customer acknowledges that the Professional Services provided to Customer do not constitute legal, accounting, or tax advice, and that the Professional Services provided should not be construed as a substitute for professional advice tailored to your specific circumstances; you should consult with qualified professionals if you have before utilizing the Professional Services. 

EXCEPT FOR THE WARRANTY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED SOLELY ON AN “AS IS,” “AS AVAILABLE” BASIS, AND CUSTOMER’S USE OF THE PROFESSIONAL SERVICES IS AT CUSTOMER’S SOLE RISK. SAFE CERT DOES NOT MAKE AND HEREBY DISCLAIMS, ANY AND ALL OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE PROFESSIONAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, IN CONNECTION WITH THE PROFESSIONAL SERVICES. SAFE CERT DOES NOT WARRANT THAT THE PROFESSIONAL SERVICES WILL BE ERROR-FREE, TIMELY, SECURE, OR THAT THE SERVICES ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE CERTAIN RESULTS, OR THAT THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION TRANSMISSION, INTERNET, OR TELECOMMUNICATIONS NETWORKS) WILL BE UNINTERRUPTED, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.  SAFE CERT MAKES NO WARRANTY RELATED TO OUTCOMES BASED ON INFORMATION OR ADVICE PROVIDED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROFESSIONAL SERVICES RESTS SOLELY WITH THE CUSTOMER. SHOULD THE PROFESSIONAL SERVICES PROVE DEFECTIVE, CUSTOMER SOLELY ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

10. Additional Indemnity
In addition to Customer’s indemnification described in Section 8 of the MSA, you agree to indemnify, defend, and hold harmless Safe Cert from and against any and all third-party claims alleged or asserted and all related to Customer’s use or misuse of the Professional Services, including: (i) any actual or alleged breach by you of any provisions of this Agreement; (ii) any actual or alleged violation by you of the intellectual property rights or other rights of any third party; and (iii) any negligent or intentional misconduct by you.

11. Survival
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms, including, but not limited to, the following Sections: 1, 3, 7, 8, 9, and 10.
 

 1. Introduction
This API License Agreement ("Agreement") is a binding legal agreement entered into by and between Safe Cert Labs, Inc. ("Safe Cert" or “we”) and you ("Licensee" or “you”) that governs your use of the Safe Cert APIs; please review this Agreement carefully. If you are entering into this Agreement on behalf of a company, organization, or another legal entity (an “Entity”), you are agreeing to this Agreement for that Entity and representing to Safe Cert that you have the authority to bind such Entity to this Agreement, in which case the term “Licensee” shall refer to such Entity. By clicking "I agree" to this Agreement, or by accessing or using the Safe Cert APIs, you agree to be bound by and comply with the terms and conditions of this Agreement.

This Agreement may be updated by Safe Cert from time to time upon reasonable notice, which may be provided via Customer’s Account, email, or by posting an updated version of this Agreement at https://www.joinblvd.com/legal/api-license-agreement
Note to Safe Cert Customers: If you are a Safe Cert Customer, Safe Cert’s Main Services Agreement (“MSA”) separately governs your use of the Safe Cert Services and you acknowledge that this Agreement is hereby incorporated into and made part of the MSA. Except as expressly provided herein, this Agreement supplements the Parties' rights and obligations under the MSA. In the event of any conflict between the MSA and this Agreement, this Agreement will apply with respect to the provision and use of the Safe Cert APIs. 

2. Definitions.
2.1. “App” or “Application” means the software application, website, interface, or any other means Licensee uses to access the Safe Cert APIs using the API Credentials, including a Custom App or a Public App. All Applications must interoperate or integrate with the Safe Cert Services and must comply with  Addendum A of this Agreement, Application Development Terms and Conditions.

2.2. “API Client” means the unique App configuration (including API Credentials) generated through Licensee’s Account.

2.3. “API Credentials” means the credentials that allow Licensees to make authenticated requests to the Safe Cert API.

2.4. “API Documentation” means any associated documentation provided by Safe Cert as part of this Agreement, including but not limited to the documentation found at https://developers.joinblvd.com.

2.5. “Safe Cert API(s)” means all software, including routines, data structures, object classes, protocols, programs, templates, libraries and interfaces, application programming interfaces (APIs), software development kits (“SDKs”), developer tools, API Documentation, Updates, and other related materials, whether tangible or intangible, in whatever form or medium that are made available by Safe Cert or as otherwise provided to Licensee.

2.6. “Safe Cert App Directory” is where Customers can view and install Apps on their Customer Account, as made available at https://joinblvd.com/integrations.

2.7. “Safe Cert Checkout” means Safe Cert’s checkout experience, offered through our Platform, or through our Safe Cert APIs, that allows Customers and the clients of those Customers (“Clients”) to perform and complete a transaction using the Platform (i.e., scheduling a service, purchasing a product or service), by adding and/or using existing payment information to be processed to reserve or complete the associated transaction. 

2.8. “Safe Cert Services” or “Services” have the same meaning as defined in the MSA, and include (i) our websites, apps, and other Safe Cert offerings through which you can access our Services (our “Platform”); (ii) the proprietary technology and software programs including all modifications, updates, and enhanced versions of such software utilized by Safe Cert to provide the Services (our “Software”); and (iii) all products, services, features, and functionality made available through our Platform (A) to a Safe Cert Customer pursuant to a customer agreement or (B) to a 3rd Party Service Provider pursuant to a separate agreement that incorporates this API Agreement. The term “Safe Cert Services” does not include Third Party Services.

2.9. “Safe Cert Trademarks” Safe Cert’s trademarks include the Safe Cert name and Safe Cert logo, its additional trademarks, service marks, and tradenames, its domain names, as well as all words, slogans, taglines, images,  icons, logos, graphics, designs, and other indicators that identify Safe Cert, or its business, services, or products.

2.10. “Client Data” means information (including personal information) relating to a Client, including order information and Personal Information, including payment information, account information, and Sensitive Personal Information.

2.11. “Customer” means a customer of Safe Cert that has purchased Safe Cert Services by entering into Safe Cert’s Main Services Agreement.

2.12. “Customer Account” means the Customer’s commerce presence hosted by Safe Cert, including but not limited to online booking, checkout, point of sale, and other Safe Cert Services accessed through the Customer Dashboard. For clarity, a Customer may have more than one Customer Account.

2.13. “Custom API Credentials” means the API Credentials generated through the Customer Dashboard that provide access via the Safe Cert API to the specific Customer Account to which such credentials relate.

2.14. “Custom App” means an App that accesses the Safe Cert API via Custom API Credentials and is made available to a single Customer.

2.15. “Customer Dashboard” means the online platform through which the Customer accesses the Safe Cert Services available as part of their Customer Account.

2.16. “Customer Data” means information (including Personal Information) relating to a Customer, including but not limited to business, financial and product information and any Client Data. Where Licensee uses the Safe Cert API, Customer Data may be delivered in the form of an API response.

2.17. “Developer” means Licensee, or an individual employed by Licensee or an Affiliate entity of Licensee that develops, owns, or operates one or more App(s) that access or use the Safe Cert API(s).

2.18. “Personal Information” means any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, a phone number, an email address, an identification number, location data, an online identifier, or any other information specific to that natural person.

2.19. “Public App” means an app that accesses the Safe Cert APIs via an API Client and that is made available to Customers either via a URL or through the Safe Cert App Directory, and that is not a Custom App.

2.20. “Sensitive Personal Information” means Personal Information that can reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, sexual orientation or sex life. Sensitive Personal Information also includes biometric data that can uniquely identify a natural person, payment information (including payment card or bank account numbers), and government identifiers that uniquely identify a natural person such as a social security number, driver’s license number, or passport number.

2.21. “Updates” means bug fixes, updates, upgrades, enhancements, modifications, and new releases or versions of the Safe Cert API.

3. Using the Safe Cert APIs
3.1. API License Grant. Subject to the terms and conditions of this Agreement, Safe Cert grants Licensee a non-exclusive, non-transferable, royalty-free, non-sublicensable, revocable, and limited right and license to use and make calls to Safe Cert APIs solely in connection with the development, implementation, and/or distribution of Licensee’s Application solely in the manner described in this Agreement and the API Documentation. The Safe Cert APIs and API Credentials are the exclusive property of Safe Cert and Licensee’s access to and use of the Safe Cert APIs and API Credentials are at Safe Cert’s sole discretion.

3.2. Licensee Obligations to Access and Use the Safe Cert APIs

(a) Use of the Safe Cert APIs. Licensee may only use the Safe Cert APIs (including SDKs) to develop, implement, and distribute Applications that interoperate or integrate with the Safe Cert Services for Customer use of the Safe Cert Services, and only in compliance with Addendum A, Application Development Terms and Conditions).

(b) Custom API Credentials. Custom API Credentials are solely for the development, implementation, and/or distribution of Custom Applications by or on behalf of a single Customer. Licensee may only access and use the Safe Cert APIs via Custom API Credentials with the express authorization of the account owner for the applicable Customer Account and only (i) for the purposes of providing a Custom Application to the Customer to whom the Custom API Credentials relate and (ii) in compliance with this Agreement, including Addendum A, Application Development Terms and Conditions.

(c) Public API Credentials. Public API Credentials are solely for the development, implementation, and/or distribution of Public Applications made available to multiple Customers via a URL or through the Safe Cert App Directory. In order to access or use Public API Credentials, or Safe Cert APIs for the development of a Public App, Licensee must (i) enter a separate Public Application Development Agreement with Safe Cert and (ii) comply with this Agreement, including Addendum A, Application Development Terms and Conditions. 

(d) Access to the Safe Cert APIs. Licensee will not access the Safe Cert APIs by any means other than the API Credentials Licensee receives in accordance with Section 3.2(a) or Section 3.2(b) above. Licensee is responsible and liable for all uses of the Safe Cert APIs resulting from access provided by Licensee, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Licensee shall take reasonable efforts to make all of Licensee's end users (including Customers and Clients) and Service Providers aware of this Agreement's provisions as applicable to such end user's use of the Safe Cert APIs and shall cause such end users to comply with such provisions.

(e) Licensee Compliance. Licensee shall comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations (“Applicable Laws”), and all API Documentation, including the guidelines, standards, and requirements that may be posted on https://developers.joinblvd.com from time to time. Licensee shall monitor the use of the Applications for any activity that violates any terms and conditions of this Agreement, Applicable Laws, including any fraudulent, inappropriate, or potentially harmful behavior, and promptly restrict any offending end users of the Applications  (including Customers and Clients) from further use of the Applications. Licensee is solely responsible for posting any privacy notices and obtaining any consent from Licensee's end users  (including Customers and Clients) required under applicable laws, rules, and regulations for their use of the Applications.

(f) Securing API Credentials. Licensee will use commercially reasonable efforts to safeguard their API Credentials and access to the Safe Cert APIs from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee will promptly notify Safe Cert if Licensee becomes aware of any infringement of any intellectual property rights in the API or Documentation and will fully cooperate with Safe Cert in any legal action taken by Safe Cert to enforce Safe Cert's intellectual property rights.

(g) Sharing API Credentials. Licensee may not disclose API Credentials to a Developer or other 3rd party (a “Service Provider”) unless that Service Provider signs an agreement with Licensee to (i) only access and use the Safe Cert APIs for the development, implementation, and/or distribution of an Application in compliance with this Agreement (and not for their own purpose or any other purpose), (ii) protect any Customer Data, including Personal Information and Sensitive Personal Information, received from Safe Cert by  using efforts equivalent to the efforts that Licensee uses with respect to its own confidential information and in no event less than the measures described in this Agreement, and (iii) keep Customer Data secure and confidential. Licensee must ensure that any Service Provider complies with this Agreement and any other applicable Safe Cert terms and policies, and Licensee acknowledges and agrees that any act or omission by a Service Provider amounting to a breach of this Agreement will be deemed to be a breach by Licensee. If requested, Licensee will provide a list of Licensee’s Service Providers to Safe Cert.

(h) Safe Cert SDK. Access and use of Safe Cert’s SDK is subject to the Safe Cert SDK License.

(i) Additional Terms. Access to certain APIs or SDKs may require a separate written agreement between Licensee and Safe Cert.

4. License Restrictions. 
When using the Safe Cert APIs, Licensee will, and will ensure that Licensee’s employees, agents, and Service Providers will:

4.1. For any Access to and Use of the Safe Cert APIs:

(a) not  (i) distribute; (ii) sublicense or resell; (iii) publicly display; (iv) lease, rent, lend, transfer, assign; or (iv) create derivatives of the Safe Cert APIs, or associated Documentation except as permitted herein or with Safe Cert’s express written authorization;

(b) not circumvent technological measures intended to prevent direct database access or manufacture tools or products to that effect;

(c) not engage in any activity that interferes with, disrupts, harms, damages, or accesses in an unauthorized manner the servers, security, networks, data, applications or other properties or services of Safe Cert or any third party. For the avoidance of doubt, interference with any Safe Cert Services feature used in connection with Safe Cert Checkout without Safe Cert's express written authorization is prohibited;

(d) not access or use the Safe Cert APIs to develop or distribute the App in any way in furtherance of criminal, fraudulent, or other unlawful activity, or otherwise violate the Safe Cert Acceptable Use Policy;

(e) not request more than the minimum amount of data from a Safe Cert API needed by Licensee’s Application to provide Customer the intended Application functionality, or any data outside any permissions granted by Customer;

(f) not bypass Safe Cert API restrictions for any reason, including automating administrative functions of the Customer Dashboard;

(g) not modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Safe Cert APIs, Customer Data, any Customer Account, the Safe Cert Services, or any aspect or portion thereof;

(h) not use or access the Safe Cert API or the Safe Cert Services in order to monitor the availability, performance, or functionality of the Safe Cert APIs, the Safe Cert Services or any portion thereof or for any similar benchmarking purposes; and

(i) not remove or destroy any copyright notices, proprietary markings or confidentiality notices placed upon, contained within or associated with the Safe Cert APIs.

4.2. For Access to and Use of the Safe Cert APIs via Custom API Credentials: In addition to the License Restrictions described in Section 4 above, when accessing and using the Safe Cert APIs via Custom API Credentials, Licensee will, and will ensure that Licensee’s employees, agents, Service Providers will:

(a) not access the Safe Cert API by any means other than the Custom API Credentials Licensee receives in accordance with Section 3.2(a);

(b) not access or use Licensee’s Custom API Credentials in connection with the development, implementation, and/or distribution of a Public Application; and

(c) not use the Safe Cert APIs for any commercial purpose, including but not limited to the sale or licensing of any Application, product, or service that incorporates, integrates, or uses the Safe Cert APIs and is made available to third parties. 

4.3. For Access to and Use of the Safe Cert APIs via Public API Credentials: In addition to the License Restrictions described in Section 4 above, when using the Safe Cert APIs via Public API Credentials, Licensee will, and will ensure that Licensee’s employees, agents, Service Providers will:

(a) not access the Safe Cert API by any means other than the Public API Credentials Licensee receives in accordance with Section 3.2(b); and

(b) not access or use Licensee’s Public API Credentials in connection with the development, implementation, and/or distribution of a Custom Application.

4.4. Open Source Software. Some of the software packages, libraries, or components required by or included in the Safe Cert API are or may become licensed under an open source software license (“Open Source Components”). To the limited extent that the Open Source Component license expressly supersedes the license terms of this Agreement, Licensee’s use, reproduction and distribution of any such Open Source Components is governed by the terms of the applicable open source software license to the minimum extent possible in order to resolve such conflict.

5. API Limits. 
Safe Cert may set and enforce limits on Licensee’s use of the Safe Cert APIs (limiting the number of requests that Licensee may make or the number of Customers that Licensee may serve), in Safe Cert’s sole discretion, upon reasonable notice to Licensee provided that Safe Cert may do so without notice if Safe Cert reasonably believes that Licensee is in violation of this Agreement. Licensee agrees to, and will not attempt to circumvent such limitations, including those documented within the API Documentation. If Licensee would like to use any Safe Cert APIs beyond these limits, Licensee must obtain Safe Cert’s express written consent (and Safe Cert may decline such request or condition acceptance on Licensee’s agreement to additional terms and/or charges for that use). To seek such approval, contact us via dev-support@blvd.co.

6. Changes to the Safe Cert APIs.
6.1. Updates. Safe Cert reserves the right to require Licensee to install or update any and all software to continue using the Safe Cert APIs and the Safe Cert Services. Licensee acknowledges that Safe Cert may make Updates to the Safe Cert APIs from time to time and at its sole discretion. Licensee must implement and use the most current version of a respective Safe Cert API and make any changes to Licensee’s App that are required as a result of such Update, at Licensee’s sole cost and expense. Updates may adversely affect the manner in which Licensee’s App accesses or communicates with the Safe Cert APIs. Licensee’s continued access or use of the respective Safe Cert API following an update or modification will constitute binding acceptance of the Update.

6.2. Access and Use. Safe Cert may change or discontinue the availability of some or all of the Safe Cert APIs at any time for any reason. Such changes may include the removal of features or the requirements of fees for previously free features. In the event of such a change, Safe Cert will provide reasonable notice to Licensee. Safe Cert may also impose limits on certain features and services or restrict or suspend Licensee’s access to some or all of the Safe Cert APIs and Safe Cert Services at any time in its sole discretion upon reasonable notice to Licensee provided that Safe Cert may do so without notice if Safe Cert reasonably believes that Licensee is in violation of this Agreement. Licensee’s continued use of the Safe Cert APIs following any such change will be deemed Licensee’s acceptance of modifications.

7. Attribution. 
Licensee agrees to display any attributions required by Safe Cert as described in the API Documentation and Safe Cert’s Trademark & Copyright Usage Guidelines. Licensee may use the Safe Cert Trademarks subject to the limited license granted in the Agreement and must comply with obligations specified therein. Licensee understands and agrees that Safe Cert has the sole discretion to determine whether Licensee’s attribution(s) and use of Safe Cert Trademarks are in accordance with the above requirements and Safe Cert’s Trademark & Copyright Usage Guidelines.

8. Inspection & Monitoring.
8.1. If requested, Licensee must provide Safe Cert with proof that Licensee’s App complies with this Agreement. Safe Cert shall have the right to inspect or to appoint an independent auditor under the appropriate non-disclosure conditions to inspect Licensee’s Application, source code, systems, and records to confirm Licensee’s compliance with this Agreement, including without limitation Licensee’s compliance with Safe Cert’s requests and requests from Customers or Clients to delete Customer Data or Client Data obtained through the Safe Cert API or otherwise through the Safe Cert Services. 

8.2. Licensee agrees that Safe Cert may monitor the use of the Safe Cert APIs to ensure quality, improve Safe Cert products and services, and verify Licensee’s compliance with the terms. This monitoring may include Safe Cert accessing and using Licensee’s App, for example, to identify security issues that could affect Safe Cert or Customers. Licensee will not interfere with this monitoring. Safe Cert may use any technical means to overcome such interference. Safe Cert may suspend access to the Safe Cert API by Licensee or Licensee’s App without notice if Safe Cert reasonably believes that Licensee is in violation of this Agreement.

8.3. Licensee agrees to provide full cooperation to Safe Cert and its representatives in connection with this Section.

9. Ownership. 
Safe Cert retains all rights, title, and interest in and to the Safe Cert APIs and the API Documentation, including all intellectual property rights therein. Licensee acknowledges that no ownership of the Safe Cert APIs is transferred to Licensee under this Agreement. Licensee agrees not to delete or alter any copyright or other proprietary notices signifying Safe Cert’s ownership of the Safe Cert APIs. If Licensee provides any feedback, suggestions, requested features, or other input regarding the API to Safe Cert (collectively “Feedback”), Licensee hereby grants to Safe Cert a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to implement, use, modify, commercially exploit, incorporate into any of Safe Cert’s products or services (including the API) and/or otherwise use in any manner any Feedback Safe Cert receives from Licensee.

10. Support. 
This Agreement does not entitle Licensee to any support for the Safe Cert APIs and any support that may be provided will be solely for Licensee’s internal use in developing an Application. Licensee acknowledges and agrees that Safe Cert has no obligation to provide support or technical assistance to the end users of Applications (including Customers and Clients) and Licensee shall not represent to any such end users that Safe Cert is available to provide such support. Licensee agrees to use commercially reasonable efforts to provide reasonable support to end users of its Applications.

11. Fees. 
The Safe Cert APIs are currently provided free of charge. Licensee acknowledges that Safe Cert may at any time discontinue its provision of the Safe Cert APIs for free or generally. In the event Safe Cert does the foregoing, it will make commercially reasonable efforts to provide Licensee with advanced notice of its plans to either discontinue its provision of the Safe Cert APIs or offer the Safe Cert APIs for a fee or revenue share arrangement to the contact information provided by Licensee to Safe Cert. 

12. WARRANTY DISCLAIMER. 
THE SAFE CERT APIs ARE PROVIDED "AS IS" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAFE CERT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE AGREES AND ACKNOWLEDGES THAT DATA PROVIDED BY THE SAFE CERT APIs ARE SOURCED FROM PUBLICLY AVAILABLE DATA SOURCES, AND SAFE CERT MAKES NO GUARANTEES ABOUT THE ACCURACY OF SUCH DATA. SAFE CERT EXPRESSLY DISCLAIMS ANY LIABILITY RELATED TO LICENSEE’S RELIANCE ON THE ACCURACY OR AVAILABILITY OF SUCH DATA AND ITS APPLICABLE DATA SOURCES. 

13. Confidentiality. 
Licensee may from time to time, gain access to   proprietary information, technical data,  or know-how,   including, but not limited to, the Safe Cert API source code, Documentation, research, services, software,  developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing,  or other business information that is either marked as  “confidential” or disclosed in such a manner that it would be reasonably apparent it should be treated confidentially (“Confidential Information”). Licensee may use Confidential Information only to the extent necessary to exercise its rights under this Agreement. Licensee may not disclose Confidential Information to a third party (except to its own consultants and subcontractors) without the prior express consent of Safe Cert, provided in writing or by email. Licensee agrees that it will protect Confidential Information from unauthorized use, access, or disclosure in the same manner that Licensee would use to protect its own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.

14. Indemnification. 
Licensee shall defend, indemnify and hold harmless Safe Cert, its affiliates and their respective officers, directors, employees, agents and representatives from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from its use of the Safe Cert APIs and its distribution of its Applications. 

15. LIMITATION OF LIABILITY. 
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR: (I) LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; OR (II) ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES OR PROFITS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SAFE CERT’S TOTAL AGGREGATE LIABILITY TO LICENSEE OR ANY THIRD PARTY FOR ANY REASON (WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) $100 OR (2) THE AMOUNTS PAID OR PAYABLE BY LICENSEE FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU, AND SAFE CERT’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Termination. 
This Agreement may be terminated by either party upon 30 days’ prior written notice to the other party, for any reason or no reason, provided that in the case of termination by Safe Cert, Safe Cert may do so without notice if Safe Cert reasonably believes that Licensee is in violation of this Agreement. Upon termination, Licensee shall immediately cease all use of the Safe Cert APIs.

17. Miscellaneous. 
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, understandings, or agreements, whether oral or written, regarding the subject matter of this Agreement. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to conflicts of law provisions thereof. Any disputes arising out of or related to this Agreement shall be resolved exclusively by a court of general jurisdiction in Los Angeles County, California. Licensee hereby expressly agrees to submit to the exclusive personal jurisdiction of this jurisdiction for the purpose of resolving any dispute relating to this Agreement or access to or use of the Safe Cert APIs. This Agreement may not be assigned by Licensee without the prior written consent of Safe Cert. If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.

Addendum A

Application Development Terms and Conditions.

These Application Development Terms and Conditions (“Application Terms”) are incorporated into and form part of the foregoing API License Agreement in full. In the event of any conflict between the API License Agreement and these Application Terms, these Application Terms shall prevail to the minimum extent necessary to resolve such conflict. Capitalized terms not defined herein shall have the meaning ascribed to them in the API License Agreement.

1. Application Requirements and Restrictions.
1.1. All Applications. All Applications utilizing the Safe Cert APIs, including Custom Applications and Public Applications, must interoperate or integrate with the Safe Cert Services for Customer use of the Safe Cert Services and must comply with the terms and conditions of the API License Agreement, including all guidelines set out in the API Documentation and these Application Terms.

1.2. Custom Applications. Custom Applications may only be made available to a single Customer, with the express written approval of the Customer, and may only access the Safe Cert APIs through Custom API Credentials. Custom Applications may not be made available to or for use by more than one Customer. For the avoidance of doubt, this means that Custom Apps may not be installed by more than one Customer. In the event of any breach of this provision, and in addition to all other rights and remedies available to Safe Cert under this Agreement and under applicable law, Safe Cert will have the right to take any action it deems necessary including but not limited to immediately terminating some or all Licensee’s rights under this Agreement; and

1.3. Public Applications. Public Applications may be made available to multiple, unrelated Customers either via a URL or through the Safe Cert App Directory, and may only access the Safe Cert APIs through Public API Credentials. In addition:

1.3.1. Safe Cert Approval of Public Applications. All Public Apps must be approved and accepted by Safe Cert, and Safe Cert retains the right to take any action it deems necessary in respect of a Public App at any time for any reason.

1.3.2. Sunsetting Public Applications. Licensees that are no longer able to offer, maintain or support a Public App, must provide proper notice to Customers and follow the proper guidelines to sunset the Public App, as set out in the API Documentation.

1.3.3. Public Application Minimum Service Level Commitment. Public Applications must provide industry standard service levels to Customers, and must at a minimum be operational and available on a twenty-four-hour, seven days a week (24x7) basis at least 99.95% of the time in any measurement period. Licensee must provide servicing support to all Customers and is required to provide Safe Cert with an email address that can be used by Customers to contact Licensee directly for support. In the event of outages or issues, Licensee must respond within two (2) hours.

1.3.4. Public Application Technical Support. Licensee will provide technical support for all of Licensee’s Public Application to Customers. Licensee’s support will be the level of support Licensee generally provides to its customers. Notwithstanding the foregoing, Licensee will respond promptly to all Customer support requests and will use reasonable efforts to resolve all Customer support issues within seven (7) days. Any support inquiries from Customers received by Safe Cert related to Licensee’s Application will be referred to Licensee.

1.4. Application Restrictions. Without limiting the obligations and restrictions described elsewhere in this Agreement, including, without limitation in Section 4 of the API License Agreement, Licensee will, and will ensure that Licensee’s employees, agents, and Service Providers will:

1.4.1. not substantially replicate Safe Cert Services, including the Safe Cert APIs, except as authorized by Safe Cert in writing;

1.4.2. not develop an App whose primary purpose is to migrate Customers off of Safe Cert;

1.4.3. not create multiple Apps that offer substantially the same services;

1.4.4. not make statements that describe the Licensee as an agent of Safe Cert or Licensee’s Application as endorsed by Safe Cert;

1.4.5. not mislead or deceive Customers with respect to the functionality the App performs on behalf of the Customer or to what Customer Data the App may access, store, and manipulate;

1.4.6. not, except with Safe Cert’s prior written consent, develop or distribute any App that has as its primary purpose the transfer, sharing, selling, disclosing or otherwise providing of Customer Data to any third party. In addition, any such third party must be bound by this Agreement or another written agreement acceptable to Safe Cert addressing the use of Customer Data. For the purposes of this Section, the "primary purpose" of the App shall be determined by Safe Cert in its sole discretion;

1.4.7. not include code in any App that performs any operations not related to the services provided by the App, whether or not Licensee has obtained Customer consent to do so, and whether or not the App obtains consent from the end user to do so. For the avoidance of doubt, this prohibited activity includes: embedding or incorporating code into any App that utilizes the resources (including CPU resources) of another computer, including for the purposes of cryptocurrency mining; and using code that is intended to misrepresent website content to falsify SEO metrics;

1.4.8. not change how data is collected by the App without notifying both the Customer and Safe Cert;

1.4.9. not request any Customer create webhook subscriptions from the Customer Dashboard. Any webhook subscriptions required by Licensee must be created using a Public App or Custom App;

1.4.10. not attempt to sidestep or bypass any component of the Safe Cert Checkout without Safe Cert’s express written authorization by (i) replacing or changing credit card input fields or any other similar component or field within the Safe Cert Checkout, (ii) using an alternative to Safe Cert Checkout for web checkout or payment processing, or (iii) registering any orders or transactions through the Safe Cert API in connection with such activity;

1.4.11. not include code in any App that performs any operations not related to the services provided by the App, whether or not Licensee has obtained Customer consent to do so, and whether or not the App obtains consent from the end user to do so. For the avoidance of doubt, this prohibited activity includes embedding or incorporating code into any App which utilizes the resources (including CPU resources) of another computer, including for the purposes of cryptocurrency mining;

1.4.12. not falsify or alter any unique identifier in, or assigned to Licensee’s App, or otherwise obscure or alter the source of queries coming from an App;

1.4.13. not develop Apps that excessively burden the Safe Cert system, distribute spyware, adware or other commonly objectionable programs;

1.4.14. not develop or distribute the App in any way in furtherance of criminal, fraudulent, or other unlawful activity, or otherwise violate the Safe Cert Acceptable Use Policy;

2. Safe Cert Checkout Requirements. 
Safe Cert’s API may allow Developers to create functionality that leverages Safe Cert Checkout features and functionality. The following terms in this Section are applicable to Licensees that use the Safe Cert APIs to create Safe Cert Checkout functionality (“Safe Cert Checkout Functionality”).  

2.1.1. Approval. All Licensee requests to access or use the Safe Cert APIs to create Safe Cert Checkout Functionality in connection with their Application are subject to Safe Cert’s review and approval to ensure compliance with our guidelines, API Documentation, and other standards that Safe Cert deems necessary to protect the integrity of Safe Cert’s payments ecosystem. Safe Cert has the sole discretion of the approval or denial of any request to use the Safe Cert APIs to create Safe Cert Checkout Functionality. As part of this approval process, Licensee may be required to enter a revenue share agreement with Safe Cert.

2.1.2. Card Network Rules. By using Safe Cert APIs to create Safe Cert Checkout Functionality, Licensee agrees to comply with and support Customer’s compliance with all applicable bylaws, rules, and regulations set forth by American Express Travel Related Services Company, Inc. (“American Express”), DFS Services, LLC (“Discover”), MasterCard International Inc. (“MasterCard”) and Visa Inc. (“Visa”) (collectively, the “Networks”) related to the acceptance of payments from any US-issued and most non-US issued credit, debit, prepaid, or gift cards (“Network Rules”). Licensee must comply with any terms, guidelines or approval processes required pursuant to any Network Rules and Applicable Laws. The Networks amend their rules and regulations from time to time. Safe Cert may be required to change these terms in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at https://americanexpress.com, https://discovernetwork. com, https://mastercard.com, and https://visa.com. In the event of inconsistency between a Network Rule and this Addendum, the Network Rule shall apply. Licensee also agrees to be bound by any applicable National Automated Clearing House Association (“NACHA”) Rules.

2.1.3. Apple Pay. If Licensee is using the Safe Cert API to access and use the Apple Pay Web APIs and Apple Pay Platform, Licensee must first accept the Apple Pay Platform Web Merchant Terms and Conditions, available at https://developer.apple.com/terms/apple-pay-web/.

2.1.4. Google Pay. If Licensee is using the Safe Cert API to access and use the Google Pay API, Licensee must first accept the Google Pay API Terms of Service, available at https://payments.developers.google.com/terms/ sellertos.

2.1.5. Payments Security. Licensee agrees, represents, warrants, and covenants that at all times Licensee’s services will, at Licensee’s effort and expense, be certified as compliant with the Payment Card Industry Data Security Standard (“PCI DSS”), the Payment Application Data Security Standard (“PA-DSS”), or any successor standards, as applicable, and all applicable laws bearing on data privacy and cybersecurity. At Safe Cert’s request, Licensee will promptly provide us with documentation evidencing Licensee’s compliance with PCI DSS, PA-DSS, and/or applicable law. Licensee will use and access the Safe Cert API in accordance with the API Documentation and instructions provided by Safe Cert and in no circumstances will Licensee store, process or transmit any cardholder’s account number, expiration date, or CVV2 except as described in that documentation. Further, Licensee may not disclose card information to any third party, other than in connection with processing card transactions requested by Licensee’s Clients under the Safe Cert Services and in a manner consistent with PCI DSS and Applicable Law.

2.1.6. Maintain a Risk and Fraud Program. Licensee is responsible for monitoring and managing risk and fraud at its own effort and expense.

3. Safe Cert Booking API Requirements. 
The Safe Cert Booking APIs allow developers to create and update Client appointments. The following terms in this Section are applicable to Licensees that use the Safe Cert Booking APIs in their Application:

3.1. Approval. All Licensee requests to access or use the Safe Cert Booking APIs in connection with their Application are subject to Safe Cert’s review and approval to ensure compliance with our guidelines, API Documentation, and other standards that Safe Cert deems necessary. Safe Cert has the sole discretion of the approval or denial of any request to use the Safe Cert Booking APIs. As part of this approval process, Licensee may be required to enter a revenue share agreement with Safe Cert.

4. Customer Data, Client Data, Privacy, and Data Security Requirements. 
The following terms in this Section are applicable to Licensee’s access or use of Customer Data, including Client Data in connection with their Application. 

4.1.1. Licensee’s Customer Consent.

4.1.1.1. Prior to accessing a Customer Account or any Customer Data, including Client Data, Licensee must obtain Customer approval (i) through a consent screen provided or approved by Safe Cert at the time the App is installed by a Customer, or (ii) through the Customer’s Custom API Credentials. Any other access to or use of a Customer Account or Customer Data by Licensee is strictly prohibited and is a violation of this Agreement.

4.1.1.2. If Licensee is developing, implementing, or distributing a Public Application, Licensee will have in place and will present the Customer:

4.1.1.2.1. An agreement governing the Customer's installation and use of the Licensee's Public Application (“Licensee’s Service Agreement”). Licensee’s Service Agreement shall contain provisions at least as protective of Safe Cert as those in this Agreement. Licensee must inform Customer in the Licensee’s Service Agreement that: (i)Licensee is solely responsible for the App; (ii) Safe Cert is not liable for any fault in the App or any harm that may result from its installation or use; (iii) except where expressly stated by Safe Cert, Safe Cert cannot provide assistance with the installation or use of the App; and (iv) Licensee is solely responsible for any liability which may arise from a Customer’s access to or use of the App, including: (A) the development, use, marketing or distribution of or access to the App, including support of the App; or (B) Licensee’s access, use, distribution or storage of Customer Data.

4.1.1.2.2. A privacy policy that complies with all applicable privacy laws and provides adequate notice and obtains prior consent as required for the collection, use and storage of the Customer Data, Client Data, and any Personal Information the App will access once installed (“Licensee Privacy Policy”). Without limiting the foregoing, Licensee’s Service Agreement and Privacy Policy will describe in sufficient detail (i) the services to be provided by the Licensee’s App, (ii) the Customer Data and Client Data that will be accessed by the App in order to provide such services, (iii) how the Customer Data and Client Data will be used and transferred to third parties, if applicable, and (iv) the Licensee’s contact information. Licensee will respond reasonably promptly to any questions regarding its privacy practices.

4.1.2. Access and Use of Customer Data and Client Data. Without limiting the obligations and restrictions described elsewhere in this Agreement, including, without limitation in Section 4 of the API License Agreement and Section 1.4 of these Application Terms, Licensee will, and will ensure that Licensee’s employees, agents, and Service Providers will:

4.1.2.1. Automatically sync to Customer’s Client Data such as contact information and marketing opt-in status and opt-out status (“Protected Client Data”) that is collected by the App from the Customer Account, and any updates to such data made by the App on behalf of the Customer. The Protected Client Data must be synced by querying the Safe Cert API’s Client resource. If Licensee is unable to sync Protected Client Data to the Customer Dashboard using the Safe Cert APIs Client resource, Licensee will meet this requirement by providing functionality that enables the Customer to manually sync their Client Data. In all cases, the types of Protected Client Data only apply to data collected or updated by the App on behalf of Customers with respect to Clients stored in the Customer Dashboard. This requirement (i) only applies to Public Apps, (ii) applies to all applicable Client Data collected by the Public App from the date that it is installed by the Customer, and (iii) does not apply to Sensitive Personal Information relating to Clients.

4.1.2.2. not scrape, access, download, store, build databases or otherwise create permanent copies of any Customer Data, including Client Data related to or provided by any Client of any Customer, without the express consent of Safe Cert and the Customer;

4.1.2.3. not copy, translate, modify, create derivative work of, or publicly display any of such Customer Data, without the express consent of the Customer;

4.1.2.4. not sell, lease, sublicense, share, distribute or publicly display any Customer Data, whether aggregated, derivative, anonymized, or deidentified, with any third parties without Safe Cert's express written authorization. Such third parties must enter into a data licensing agreement directly with Safe Cert;

4.1.2.5. not use, access, store, or make copies of the Customer Data or any other data relating to a Customer, Customer Account or Clients that Licensee receives via the App or the Safe Cert API except as necessary to provide the App services to the Customer to whom the Customer Data relates and as described in the applicable Licensee Service Agreement or Privacy Policy, and only within the limits and for the purposes as specified by the Customer;

4.1.2.6. not solicit or store Customer Account passwords. If Licensee's App enables Customers to access their Customer Data, Customers must be presented with the ability to log into Safe Cert via the OAuth protocol. Customers without a Safe Cert account should be given the opportunity to create a new Safe Cert account as provided by Safe Cert.

4.1.2.7. not continue to access the Customer Account after the Customer revokes permission to access their Customer Data. Licensee agrees to immediately stop accessing the revoked Customer Data, and delete any and all revoked Customer Data from the Licensee services. Licensee further agrees that Safe Cert has the right to audit the deletion of revoked Customer Data at any time, including after this Agreement has been terminated.

4.1.2.8. not share, sell, disclose or otherwise provide such information to any third party, except as provided for in this Agreement;

4.1.2.9. except where prohibited or varied by applicable law, delete all originals, copies and reproductions of the Customer Data within 30 days when (i) the Customer uninstalls the App, (ii) when it is no longer required to provide the services of Licensee’s App to the Customer to whom the Customer Data relates, as may be described in the applicable Licensee Service Agreement or Privacy Policy, or (iii) Licensee receives an enforceable request to delete data from a Customer, a Client or Safe Cert. If Licensee is unable to comply with this Section, Licensee will promptly notify Safe Cert;

4.1.2.10. provide the Customer (or where required by applicable law, the Client) with access to a structured, commonly used, and machine-readable copy of any Personal Information that Licensee has that relates to such Customer or Client from whom Licensee receives the request, and provide them with an opportunity to correct this information;

4.1.2.11. not use information from Customers or Clients for competitive benchmarking;

4.1.2.12. not communicate with Clients directly or indirectly, provided however, that Licensee may contact Clients if the information is obtained from another source, such as from the Clients themselves, or if Licensee has obtained consent to do so in the Licensee Service Agreement or Privacy Policy;

4.1.2.13. ensure that Licensee has obtained effective consent from the applicable individual, to the extent such consent is legally required, before Licensee provides Safe Cert with information that Licensee independently collected from them;

4.1.2.14. not directly or indirectly transfer any data Licensee receives from Safe Cert (including anonymous, aggregate or derived data) to any third party or any other Licensee may own, except as necessary to provide Licensee’s App's services or if expressly authorized by the Customer;

4.1.2.15. not put Customer Data or any other data Licensee receives from Safe Cert in a search engine or directory, or include web search functionality on Safe Cert, except as necessary to provide Licensee’s App's services;

4.1.3. Industry Standards; Security. Licensee is fully responsible for the security of data processed via Licensee’s Application and services.  Licensee’s App will be installed and run on Licensee’s server or another server, but will not be run on Safe Cert’s servers. Licensee’s networks, operating system and software of Licensee’s web servers, routers, databases, and computer systems (collectively, “Licensee System”) must be properly configured to Internet industry standards so as to securely operate Licensee’s App and protect against unauthorized access to, disclosure or use of any information Licensee receives from Safe Cert, including Customer Data. If Licensee does not completely control some aspect of the Licensee System, Licensee will use best efforts and influence over the Licensee System to do so. Licensee must diligently monitor and correct any security deficiency, and disconnect immediately any known or suspected intrusions or intruders. Licensee must notify Safe Cert of any actual or suspected breach or compromise of Customer Data (a “Data Breach”) immediately upon, but no later than twenty-four (24) hours of, becoming aware of such occurrence, by reporting an issue to Safe Cert’s developer support team via email at dev-support@blvd.co. Upon learning of the Data Breach, at Licensee’s own cost, Licensee will: (i) promptly remedy the Data Breach to prevent any further loss of Customer Data; (ii) investigate the incident; (iii) take reasonable actions to mitigate any future anticipated harm to Safe Cert, its affiliates, Customers or Clients; and (iv) promptly answer questions from Safe Cert relating to the Data Breach, regularly communicate the progress of Licensee’s investigation to Safe Cert and cooperate to provide Safe Cert with any additional requested information in a timely manner.

 1. Introduction
This Service Level Agreement (“SLA”) is incorporated into and made part of the Main Services Agreement (“MSA”). If you see an undefined term in this SLA, it has the same definition as in the MSA. Except as expressly provided herein, the SLA supplements the Parties' rights and obligations under the MSA. 

This SLA may be updated by Safe Cert from time to time upon reasonable notice, which may be provided via Customer’s Account, email, or by posting an updated version of this SLA at https://www.joinblvd.com/legal/service-level-agreement. Your continued use of the Services shall be deemed your conclusive acceptance of any such revisions. 

2. Service Level
We will make Safe Cert Services accessible through our Platform available to you with a 99.5% monthly uptime (our “Uptime Commitment”) during the Term of your Agreement.  

3. Uptime Measurement Method
Our Uptime Commitment is measured each month during the Term of your Agreement and calculated by (i) taking 100% of the minutes in the applicable month and (ii) subtracting the percentage of minutes during the month in which the applicable Safe Cert Services were unavailable as defined below (“Unavailable Time”). 

“Unavailable Time” means the number of minutes in the applicable month during which the applicable Safe Cert Services were unavailable for use. Unavailable Time does not include the following, each an “SLA Exclusion:”

Issues caused by factors outside of our reasonable control, including a Force Majeure event (as described in the MSA), telecommunications provider-related problems or issues, Internet access, or related problems occurring beyond the point in the network where Safe Cert maintains access and control over the applicable Safe Cert Services;

Slowness with certain features (reporting, credit card charges, etc.);

Overall Internet congestion, slow down, or unavailability; 

Scheduled maintenance for which we give you at least twenty-four (24) hours prior notice;

Emergency maintenance that is necessary for purposes of maintaining the integrity or operation of the Safe Cert Services, regardless of the notice provided by Safe Cert;

Results from any free trial or Beta Service (as defined in the MSA);

Suspension or termination of the Safe Cert Services pursuant to the Agreement;

Any action or inaction by you or any third party (except for Safe Cert’s agents and subcontractors); or

Your equipment or third-party telecommunications, computer hardware, application, add-ons, software, network infrastructure, or other technology is not within the sole control of Safe Cert.

4. Service Credit
If we fall short of our Uptime Commitment, you will be eligible to make a request (as described in Section 5 below) for a credit to your Customer Account (each, a “Service Credit”) as follows:

A Service Credit is calculated by multiplying the applicable percentage set forth above by the Fees you actually incur for the affected Safe Cert Service for the applicable month. Service Credits will apply only against future payments for the Safe Cert Services otherwise due from you. Service Credits are not available in the form of refunds and may not be transferred or applied to another account. 

Service Credit Eligibility: To be eligible for a Service Credit, you must not (i) be past due on any payments due to Safe Cert and (ii) for the month in which you request a Service Credit, be in breach of the Agreement or fail to meet your payment obligations to Safe Cert. 

5. Service Credit Request
If you believe our Uptime Commitment has not been met for any given month during the Term, you must submit a claim by emailing support@joinblvd.com no later than seven (7) days after the end of the applicable month (“Service Credit Request”). All Service Credit Requests must include (i) “SLA Claim” as the subject of the email and (ii) the dates, times, and descriptions of each instance of Unavailable Time, including any supporting documentation, and any supporting calculations. All properly submitted Service Credit Requests will be verified against Safe Cert’s logs and system records, which will be considered dispositive. If we confirm that we have not met our Uptime Commitment for the applicable month, that your Service Credit Request was properly submitted, and you are eligible for a Service Credit, we will issue you the applicable Service Credit within one billing cycle following the month in which your request is confirmed by us.

6. Entire Uptime Commitment Liability
The Service Credits set forth in this SLA are Safe Cert’s sole and entire liability to Customer, and Customer’s sole and exclusive remedy, for Safe Cert’s failure to meet its Uptime Commitment.

 1. Introduction
This Hardware Agreement (“Hardware Agreement”) is a binding legal agreement between you and Safe Cert Labs, Inc. (“Safe Cert”) that governs your purchase and use of our payment-enabling hardware and similar equipment (our “Hardware”). By placing an order for our Hardware, you accept and agree to the terms of this Hardware Agreement. 

In order to use our Hardware, you must be at least 18 years old, must have a Customer Account in good standing in accordance with the Main Services Agreement (“MSA”), and must keep your payment and personal information accurate and complete. Our Hardware may only be used for business purposes and is subject to our Acceptable Use Policy.

The MSA separately governs your use of the Safe Cert Services. If you see an undefined term in this Hardware Agreement, it has the same definition as in the MSA. You acknowledge that this Hardware Agreement is hereby incorporated into and made part of the MSA. Except as expressly provided herein, this Hardware Agreement supplements the Parties' rights and obligations under the MSA. In the event of any conflict between the MSA and this Hardware Agreement, this Hardware Agreement will apply with respect to the purchase and use of our Hardware. This Hardware Agreement may be updated by Safe Cert from time to time upon reasonable notice, which may be provided via Customer’s Account, email, or by posting an updated version of this Hardware Agreement at https://www.joinblvd.com/legal/hardware-agreement.

2. Availability and Shipping
Every effort is made to maintain sufficient stock of all the Hardware we offer. Potential inventory shortages at our distributor or other fulfillment issues may impact our ability to fulfill an Order or cause delays. We reserve the right to delay fulfillment or cancel an Order if we are, for any reason, unable to fulfill the Order requirements. If we delay an Order or are unable to fulfill an Order, we will notify you by email.

Your order is shipped using a carrier that we have selected. Once you place your order on our online store, we will provide you with an estimated delivery time. Every effort is made to facilitate the delivery of your order on time. Once your order is fulfilled and placed in the hands of our selected shipping carrier, we cannot guarantee any delivery date indicated by the carrier.

You acknowledge and agree that change of title and ownership, and risk of loss, of any ordered Hardware shall transfer to you at the point of shipment.

3. Returns and Refunds
You may return most Hardware within 30 days of it being shipped to you, as long as it is in new condition and has the original packaging. No returns are accepted over 30 days. We only accept returns of the Hardware we sell directly to you. Please contact Safe Cert support at support@blvd.co to initiate a return. If we suspect you’re abusing the return policy (for example, by returning products on multiple occasions or on a seasonal basis), we reserve the right to refuse your return.

4. End-users and resellers
We reserve the right to refuse to sell and ship any Hardware to you if we have reason to believe you are not a Safe Cert Customer. Likewise, customer support and the Limited Warranty described below in Section 5 is only available to the original Hardware purchaser. We do not currently sell to or work with resellers.

5. Limited Warranty
We sell a combination of our own and third-party Hardware to create a modern point-of-sale. Our Hardware comes with a 1-year warranty covering defects in manufacturing discovered while using the product as recommended by the manufacturer. Safe Cert will replace such defective Hardware at no cost to you as described below.

The warranty does not cover damage caused by misuse, abuse, unauthorized modification, improper storage conditions, lightning, or natural disasters. Safe Cert will determine, in its sole discretion, if your warranty claim is valid. Please contact Safe Cert support at support@blvd.co to initiate a warranty claim. We will inform you whether your claim is accepted. Once accepted, we will send you a replacement Hardware unit and ask that you return the original Hardware unit. 

Your replacement Hardware unit may be a new unit or a refurbished unit, at Safe Cert’s discretion.  As a courtesy, we do not require that you first send the original Hardware unit back to us before we issue you a replacement unit. However, receipt of the original Hardware unit is important to us; we test those units to improve future hardware and/or are able to refurbish them. We ask that you return the original Hardware unit within 30 days of receipt of the replacement Hardware unit. If we do not receive the original unit within 30 days, we reserve the right to charge your primary payment method on file on your Customer Account for the full price of the replacement Hardware unit without prior notice or consent, or otherwise offset, debit, or charge such amounts from funds: (i) due to Customer under this Agreement, including from Customer’s Payout Account or in Customer’s Reserve (as described in the Payment Terms) or (ii) from other Customer payment instruments or accounts registered with Safe Cert. 

The 1-year warranty begins on the original unit’s fulfillment date. A replacement unit does not extend the 1-year warranty. All third-party products resold by us are covered by their original manufacturers’ warranties. Please check with the manufacturer directly for further information.

6. Additional Disclaimer & Limitation of Liability
In addition to Safe Cert’s, Disclaimer, and Limitation of Liability described in Section 7 of the MSA, we make the following Disclaimer and Limitation of Liability in connection with the Hardware:

Safe Cert does not accept liability for the purchase, use or return of the Hardware or other products beyond the remedies set forth herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED WARRANTY DESCRIBED IN SECTION OF THIS AGREEMENT IS PROVIDED IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO ANY SAFE CERT OR THIRD-PARTY PRODUCT. ACCORDINGLY, SAFE CERT EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST HIDDEN OR LATENT DEFECTS. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMER, SAFE CERT LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION AND REMEDY OF THE LIMITED WARRANTY. IN NO EVENT WILL SAFE CERT BE LIABLE FOR ANY LOSS OR DAMAGE OR FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES HOWEVER CAUSED ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY SAFE CERT OR THIRD PARTY PRODUCTS, INCLUDING AVAILABILITY FOR USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OR CORRUPTED DATA OR SOFTWARE, LOSS OF GOODWILL, OR LOSS OF REPUTATION.  

 DATA PRIVACY ADDENDUM
This Data Privacy Addendum (this “Addendum”) forms part of the Agreement between Customer and Safe Cert and governs the Processing of Personal Data that Customer provides or otherwise makes available to Safe Cert related to Customer’s use of the Safe Cert services (the “Services”).  This Agreement may refer to Safe Cert and Customer each as a “Party” and collectively as the “Parties.”  

This Addendum is incorporated into and made part of the Main Services Agreement (“Agreement”). This Addendum reflects the Parties’ agreement with respect to the Processing of the Customer Personal Data (as defined below) In the event of any inconsistency between the terms of the Agreement and this Addendum, the terms of this Addendum shall prevail. 

This Addendum may be updated by Safe Cert from time to time upon reasonable notice, which may be provided via your Account, email, or by posting an updated version of this Addendum at https://www.joinblvd.com/legal/data-privacy-addendum. Your continued use of the Safe Cert Services shall be deemed your conclusive acceptance of any such revisions. 

1. Definitions. 
Capitalized terms used in this Addendum that are not defined herein shall have the same meaning as set forth in the Agreement.

1.1. “Controller” means the party that alone or jointly with others determines the purpose(s) and means of the Processing of Personal Data. 

1.2. “Customer Personal Data” means any Personal Data that Customer provides or otherwise makes available to Safe Cert for Processing on Customer’s behalf pursuant to the Agreement.

1.3. “Data Protection and Privacy Laws” means the data protection and privacy laws and regulations applicable to the Processing of Personal Data in any relevant jurisdiction, including the U.S. State Privacy Laws, and any other similar applicable laws that are in effect or come into effect during the term of the Agreement.  

1.4. “Personal Data” means any information relating to an identified or identifiable individual that is subject to protection under the Data Protection and Privacy Laws and includes information that is referred to as “personal data” or “personal information” in the Data Protection and Privacy Laws.  

1.5. “Personal Data Breach” means a confirmed breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to the Customer Personal Data. 

1.6. “Privacy Rights Request” means a request made by (or on behalf of) an individual to exercise his or her rights under the Data Protection and Privacy Laws in relation to the Customer Personal Data.

1.7. “Process” means any operation or set of operations performed on Personal Data or on sets of Personal Data, whether or not by automated means. 

1.8. “Processor” means the party that Processes Personal Data on behalf of the Controller. 

1.9. “Subcontractor” means a party engaged by Safe Cert in the Processing of the Customer Personal Data on Customer’s behalf

1.10. “U.S. State Privacy Laws” means the U.S. state privacy laws and  regulations applicable to the Processing of Personal Data, including the California Consumer Privacy Act, as amended, including by the California Privacy Rights Act and implementing regulations (“CCPA”), the Colorado Privacy Act (“CPA”), the Connecticut Act Concerning Protection and Online Monitoring (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”), the Virginia Consumer Data Protection Act (“VCDPA”), and any other similar applicable laws that are in effect or come into effect during the term of the Agreement.  

1.11. The terms “Business,” “Service Provider,” and “Share,” have the meanings ascribed to them in the CCPA. 

2. Processing of the Customer Personal Data
2.1. Roles of the Parties. The Parties acknowledge and agree that with regard to the Processing of Customer Personal Data, Customer is the Business or Controller, and Safe Cert is the Service Provider or Processor. Each Party shall comply with the obligations that apply to it under the Data Protection and Privacy Laws and provide the Customer Personal Data the level of privacy protection required by such laws. In the event that either Party determines that it can no longer meet its obligations under the Data Protection and Privacy Laws with respect to the Customer Personal Data, it shall take commercially reasonable steps to notify the other Party.  

2.2. Safe Cert’s Processing of Customer Personal Data. Customer makes the Customer Personal Data available to Safe Cert for the limited and specified business purpose of performing the Services on behalf of Customer (as further described in Appendix I) (Details of the Processing). Safe Cert shall Process the Customer Personal Data only as permitted by the Agreement (including this Addendum) and in accordance with any additional documented instructions from Customer. If Safe Cert is required by applicable law to Process the Customer Personal Data for another purpose, Safe Cert shall take commercially reasonable steps to inform Customer of the legal obligation unless that law prohibits such information. Safe Cert shall not: (i) Sell or Share the Customer Personal Data; (ii) Process the Customer Personal Data for any commercial purpose other than the purposes specified in the Agreement and in this Addendum or as otherwise permitted by the Data Protection and Privacy Laws; (iii) Process the Customer Personal Data outside of the direct business relationship between Customer and Safe Cert unless expressly permitted by the Data Protection and Privacy Laws; or (iv) when prohibited by applicable Data Protection and Privacy Laws, combine the Customer Personal Data with Personal Data that Safe Cert receives from, or on behalf of, another person or persons, or collects from its own interactions with individuals. Safe Cert will grant access to the Customer Personal Data only to its personnel who require access and are subject to appropriate confidentiality agreements or duties of confidentiality. 

2.3. Customer’s Processing Obligations. As the Business or Controller of the Customer Personal Data, Customer shall ensure that the Customer Personal Data is collected and provided or otherwise made available to Safe Cert in compliance with the Data Protection and Privacy Laws. In particular, Customer shall ensure that it has provided all legally-required notices and privacy disclosures to all individuals to whom the Customer Personal Data relates. Customer shall also be responsible for the accuracy and use of the Customer Personal Data.

3. Data Security. 
Taking into account the nature of the Processing, Safe Cert shall maintain technical and organizational measures designed to protect the Customer Personal Data against any breach of security leading to the accidental or unlawful destruction, use, loss, alteration, unauthorized disclosure of, or unauthorized access to the Customer Personal Data. Safe Cert shall notify Customer without undue delay after becoming aware of a Personal Data Breach. 

4. Assessments and Other Assistance. 
Upon reasonable written request, Safe Cert shall provide Customer with available information and documentation regarding Safe Cert’s Processing of the Customer Personal Data to assist Customer in fulfilling its obligation under the Data Protection and Privacy Laws to conduct and document data protection impact assessments (or other similar assessments). Additionally, taking into account the nature of the Processing and the information available to Safe Cert, upon reasonable written request, Safe Cert shall assist Customer in ensuring compliance with other obligations pursuant to the Data Protection and Privacy Laws. 

5. Compliance Verification and Audits. 
At reasonable intervals during the term of the Agreement not to exceed more than once in a given twelve (12) month period, Safe Cert shall, upon written request, make available to Customer information or documentation necessary to demonstrate its compliance with its obligations under this Addendum with respect to the Customer Personal Data. In the event of a Personal Data Breach, at the reasonable written request of Customer, Safe Cert shall allow for and contribute to an audit conducted by an independent third-party auditor mutually agreed upon by the Parties to assess Safe Cert’s data security measures. Any such audit shall be at the expense of Customer and conducted during normal business hours and in a manner that minimizes any disruption to Safe Cert’s business and operations. If an audit conducted pursuant to this Section 5 reveals any unauthorized use of the Customer Personal Data by Safe Cert, Customer and Safe Cert shall promptly work together in good faith to agree upon reasonable and appropriate steps to stop and remediate the unauthorized use. If, in Safe Cert’s opinion, any instruction from Customer pursuant to this Section 5 infringes the Data Protection and Privacy Laws, Safe Cert shall take commercially reasonable steps to notify Customer. 

6. Privacy Rights Requests. 
Customer shall notify Safe Cert in writing or through other methods agreed upon by the Parties of all Privacy Rights Requests it receives relating to the Customer Personal Data. Taking into account the nature of the Processing and the information available, Safe Cert shall assist Customer in fulfilling its obligation to respond to Privacy Rights Requests, insofar as this is possible.  

7. Subcontractors. 
As of the Effective Date, Customer authorizes Safe Cert to engage Subcontractors in the Processing of the Customer Personal Data, provided that Safe Cert has in place a written agreement with each party that imposes on it the same restrictions and requirements with respect to Personal Data imposed on Safe Cert in this Addendum. Safe Cert shall notify the Customer of any intended changes concerning the addition or replacement of subcontractors. 

8. Deletion or Return of the Customer Personal Data. 
Upon termination or expiration of the Agreement, Safe Cert, at Customer’s written request and to the extent technically feasible, shall either delete or return to Customer the Customer Personal Data, unless retention of the data is required or permitted by any applicable law. 

9. Modifications. 
The Parties agree to cooperate in good faith to amend the terms of this Addendum and/or enter into additional terms as necessary to address modifications, amendments, or updates to the Data Protection and Privacy Laws.

Categories of Personal Data Processed
The categories of Personal Data Processed include:

Categories of individuals impacted by the Processing
The Customer Personal Data relates to individuals from or about whom Customer collects Personal Data. 

Nature and purpose of the Processing
Safe Cert will Process the Customer Personal Data for the following specific business purposes:
The specific business purposes are: 
• Auditing:  Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards. 
• Security & Integrity:  Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes. 
• Repair Functionality:  Debugging to identify and repair errors that impair existing intended functionality. 
• Short-term, transient use:  Short-term, transient use, including, but not limited to, non personalized advertising shown as part of a consumer’s current interaction with the business, provided that the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business. 
• Performing services on behalf of Customer:  Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business.  
• Advertising & Marketing:  Providing advertising and marketing services, except for cross-context behavioral advertising, to the consumer provided that, for the purpose of advertising and marketing, a service provider or contractor shall not combine the personal information of opted-out consumers that the service provider or contractor receives from, or on behalf of, the business with personal information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with consumers. 
• Internal Research:  Undertaking internal research for technological development and demonstration. 
• Quality & Safety:  Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business. 

Duration of the Processing 
The term of the Agreement.  
 

 This Support Agreement applies to and is incorporated by reference into the ordering document (the “Order”) made by and between Safe Cert and the Customer. Safe Cert may modify the terms and conditions of this Support Agreement from time to time by posting such amended Support Agreement to Safe Cert’s site, but will provide sixty (60) days advance notice to Customer before materially reducing the benefits offered to Customer under this Support Agreement.

1. DEFINITIONS
“Standard Support” means the support level as set out in Section 2.

“Issue” means a failure of the “Services” (as described in the Master Service Agreement) to substantially conform to the functional specifications set forth in the Documentation.

“Premier Support” means the Premier Support level of Support as set out in Section 3.

“Response Time” means the time period in which the assigned support resource (or support system) shall provide Customer with an initial technical response as a result of an Issue reported by Customer.

“Support” means the support services to be provided by Safe Cert to the Customer in accordance with this Addendum.

“Support Level” means the level of Support (Standard Support or Premier Support) that has been selected by the Customer on the Order.

“Term” means the duration set forth in the Order.

2. STANDARD SUPPORT
2.1 Standard Support. Standard Support includes the program features that Safe Cert makes generally available to its Standard Support customers during the applicable Term as follows:

2.2 “Support” Defined. Support consists of assistance provided to customers via the Internet with respect to use of the Application and to resolve Issues. Support cases are tracked and managed through access to a call management system operated by Safe Cert’s support center (the “Customer Support Portal”). Standard Support is available Monday through Friday during Safe Cert’s business hours, excluding local holidays.

2.3 Severity Classification and Response Time Goals. Issues are classified by Safe Cert according to severity of impact on the use of the Application, according to the below. All disputes regarding severity classification will be resolved by Safe Cert in its sole discretion.

Standard Support Response Time Goals
Severity: 1 Impact: Production system is down, impacting all applications and associated business systems. Response Time Goal: 4 business hours (via the Customer Support Portal)

Severity: 2 Impact: Production system performance is degraded, but operational; Issue affects essential functions; or Issue is blocking critical systems tests or deliverables. Response Time Goal: 1 business day

Severity: 3 Impact: General product questions relating to development, feature issues, or Documentation. Response Time Goal: 2 business day

3. PREMIER SUPPORT
3.1 Premier Support. Premier Support includes the features that Safe Cert makes generally available to its Premier Support customers during the applicable Term.

3.2 Electing Premier Support. Customer may upgrade to the Premier Support at any time provided that Customer pays additional associated fees as indicated on the applicable Order. Such fees may be prorated if the upgrade is made any time during the then-current Term. However, Customer may only downgrade from Premier Support to Standard Support at the time of renewal. To downgrade from the Premier Support, Customer must provide written notice to Safe Cert at least thirty (30) days prior to the expiration of the then-current Term. Such notice must specify whether the downgrade is to Standard Support and Customer shall pay Safe Cert’s then-current fees for that level of Support.

3.3 Premier Support. The Premier Support features include the Standard Support described herein. Support is available 24x5 for all Issues and 24x7 for Severity 1 cases.

3.4 Severity Classification and Response Time Goals. Issues are classified according to severity of impact on the use of the Application, according to the chart below. All disputes regarding severity classification will be resolved by Safe Cert in its sole discretion.

Premier Support Response Time Goals
Severity: 1 Impact: Production system is down, impacting all applications and associated business systems. Response Time Goal: Immediate (by phone or voice mail)

Severity: 2 Impact: Production system performance is degraded, but operational; Issue affects essential functions; or Issue is blocking critical systems tests or deliverables. Response Time Goal: 4 hours

Severity: 3 Impact: General product questions relating to development, feature issues, or Documentation. Response Time Goal: Next business day

4. OBLIGATIONS OF CUSTOMER
4.1 Support Contact. All communications relating to Support will be supervised, coordinated, and undertaken by no more than two (2) designated contact persons per Customer work-shift who will act as a point of contact between Customer and Safe Cert. Each contact must possess or, at Customer’s expense, acquire the necessary expertise and training to diagnose and resolve Issues with direction by Safe Cert.

4.2 Pre-Call Procedures. Prior to requesting Support from Safe Cert, Customer shall comply with all published operating and troubleshooting procedures for the Application. If such efforts are unsuccessful in eliminating the Issue, Customer shall then promptly notify Safe Cert of the Issue. Customer shall confirm that the following conditions are true before contacting Safe Cert for support:

a) Reproduction. If possible, the situation giving rise to the Issue is reproducible in a single supported Application;

b) Support Representative. The Customer contact has the technical knowledge regarding the Services and any other software or hardware systems involved, and in the facts and circumstances surrounding the Issue;

c) Access. The entire system, including all software and hardware, is available to the Customer contact without limit during any communication with Safe Cert support personnel; and

d) Availability. If requested and required, Customer must make available to Safe Cert a technical representative during support hours of coverage for all Issues. Safe Cert reserves the right to suspend all work relating to any Issues during periods for which the Customer does not provide access to a technical representative or requested data to continue work on the Issue.

4.3 Remote Connection. If appropriate, Customer will cooperate with Safe Cert to allow and enable Safe Cert to perform Support via remote connection using standard, commercially available remote control software. Customer will be solely responsible for instituting and maintaining proper security safeguards to protect Customer’s systems and data.

4.4 Updates. Customer acknowledges and agrees that Safe Cert services updates provided by Safe Cert pursuant to this Addendum may, in Safe Cert’s sole discretion, require additional training of Customer’s personnel. Such training will be performed in accordance with Section 5.

4.5 Disclaimer. Safe Cert will not be responsible to provide Support, updates, or any other maintenance and support to the extent that Issues arise because Customer: (a) misuses, improperly uses, mis-configures, alters, or damages the Application; (b) uses the Application with any hardware or software not recommended by Safe Cert; (c) uses the Application at any unauthorized location; (d) fails to install an update to the Application if such update would have resolved the Issue; or (e) otherwise uses the Application in a manner not in accordance with the Master Services Agreement.

5. ADDITIONAL PROFESSIONAL SERVICES
5.1 Scope. Customer may purchase supplemental professional services for an additional fee. Fees related to such services will be set forth in a statement of work signed by both parties. If no fee is stated, then services will be provided at Safe Cert’s standard rate for equivalent services in effect at the time the statement of work is executed. For clarity, if any services are explicitly included in the Support Level selected by Customer, then such services do not require payment of an additional fee.

a) On-Site Services. Customer may purchase on-site Support.

b) Training. Customer may purchase training services with respect to the Application.

c) Consulting. Customer may purchase consulting services related to defects caused by Issues other than the Application.

5.2 Out of Pocket Expenses. Customer shall pay all reasonable out-of-pocket expenses incurred by Safe Cert, including costs for meals, lodging, and travel-related to these additional services.

1. Introduction
Thank you for using Safe Cert!
Please read through these Client Terms of Service (the “Terms”) carefully; they are a legally binding contract between you and Safe Cert Labs, Inc. (“Safe Cert,” “we,” and “us”) with your legal rights, remedies, and obligations regarding your access and use of our websites and applications (our “Platform”) through which Safe Cert provides our products and services (collectively, along with our Platform, our “Services”)(for the sake of clarity, reference to the Safe Cert Services always includes the Safe Cert Platform). You must agree to and accept these Terms or you don’t have the right to use our Services or access our Platform. 

Section 23 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Safe Cert. Please read them carefully.

If you have any questions, comments, or concerns regarding these Terms or the Safe Cert Services, please contact us at legal@blvd.co
By clicking on the “I Accept” button, completing the Safe Cert Account registration process, or otherwise accessing or using the Safe Cert Platform, you represent that you have read, understand, and agree to be bound by these Terms. By doing so, you represent that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). However, please note that: If you are 13 years of age or younger, you are not permitted to use the Services or any of our sites, services, or applications. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “Client,’ “you,” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

2. Changes to these Terms
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time in our sole discretion. Any changes we make will become effective when we post a modified version of these Terms to https://www.joinblvd.com/legal/client-terms-of-service; when we do so, we will update the “Last Updated” date at the top of the Terms. The updated version of these Terms supersedes all prior versions. Changes to the Terms will apply to your subsequent access and use of our Services. If you have a Safe Cert Account with us, when we update the Terms, we will bring it to your attention by placing a notice within the application, by sending you an email, and/or by some other means.

If you have a Safe Cert Account with us and don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. Your login to your Safe Cert Account and proceeding to access or use our Services beyond any updated Terms notice on or after the date the updated version of the Terms is effective and binding constitutes your acceptance of the updated version of these Terms.  If you access or use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

3. Safe Cert’s Role
Safe Cert Services enable third-party businesses who subscribe to the Safe Cert Services (each a “Safe Cert Subscriber”) to publish, set the fees for, and offer their services (“Subscriber Services” or the “Subscriber Content”) to you, their client (“you” or the “Client”). As a Client, our Safe Cert Services allow you to search for, book, and pay for Subscriber Services on our Platform.

Safe Cert does not provide or contract for Subscriber Services, and Safe Cert does not own, control, offer, manage, or endorse any Safe Cert Subscriber or Subscriber Service. Clients and Safe Cert Subscribers contract independently for Subscriber Services and Safe Cert is not a party to these contracts. Each Client is solely responsible for selecting the Safe Cert Subscriber, the Subscriber Service to be provided, and the location at which services will be performed, whether on the premises of a Safe Cert Subscriber or at a site designated by the Client. Any decision by a Client to purchase or receive services by a Safe Cert Subscriber is a decision made at such person’s sole discretion and at their own risk. You understand and agree that Safe Cert is not responsible for the goods and services that you purchase through the Safe Cert Platform. Third-party merchants, including Safe Cert Subscribers, and not Safe Cert, provide those goods and services. Safe Cert Subscribers, and not Safe Cert, are responsible for customer service related to Subscriber Services, including the nature, content, and quality of the class or appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a Safe Cert Subscriber’s personnel, policies, or processes. 

Although the Safe Cert Services are intended to provide each Safe Cert Subscriber’s availability and services in real-time, the information or content that a Safe Cert Subscriber makes available through the Safe Cert Services is the sole responsibility of that Safe Cert Subscriber, and Safe Cert is not responsible for the content, accuracy, privacy practices, operations, or any errors or omissions by any Safe Cert Subscriber or other third party, or the content or information provided by such third party. 

4. Payment Processing
The Safe Cert Services allow you to make payments by those methods accepted by Safe Cert and the Safe Cert Subscriber. Typically, these are card-based methods, including cards bearing the trademarks of Visa Inc., MasterCard International Inc., Discover Inc., and/or American Express Inc. (collectively, the “Networks”). Please note that Safe Cert and Safe Cert Subscribers may not accept all payment methods, including all card-based payment methods. The Networks accepted by Safe Cert and each Safe Cert Subscriber are displayed on the Safe Cert Platform. We are not a bank and do not offer banking services as defined by the United States Department of Treasury. We also do not offer Money Service Business services as defined by the United States Department of Treasury. Safe Cert and Safe Cert Subscribers may update at any time the list of payment method types that they accept.

5. Authorizing Charges
By using the Safe Cert Services to book and pay for Subscriber Services, you are required to enter credit card or other payment information. You must provide accurate and up-to-date information. By completing a booking and paying for Subscriber Services on our Platform, you acknowledge and agree to pay the fees associated with booking the Subscriber Services ("Charges") as described either at the time of reservation or in person with the Subscriber Professional at time of checkout. Charges include applicable fees for Subscriber Services, plus any tips to the Subscriber Professional that you elect to pay, plus applicable taxes and other applicable fees, if any. After you make a reservation but prior to your time of appointment, an authorization hold may be placed on your payment method. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made through the Safe Cert Platform, you also authorize a credit to your payment card to accomplish that transaction.

If you cannot make your appointment, it is your responsibility to cancel on time to avoid unnecessary charges. Note, however, it is your responsibility to know your Safe Cert Subscriber’s cancellation policy. In the event that you cancel your appointment for Subscriber Services, depending on your Safe Cert Subscriber, you may be assessed a cancellation fee ("Cancellation Fee"). Cancellation Fees may be equal to the entire Charges for the reservation.

Charges you authorize through the Safe Cert Platform may also be subject to terms and conditions set forth by the Networks and/or the entities that issue your card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees and billing terms imposed by those terms and conditions as well as any fees and/or surcharges imposed by Safe Cert or a Safe Cert Subscriber. The Networks and/or other entity issuing your payment card, and not Safe Cert, is responsible for customer service related to your payment card.

6. Safe Cert Accounts
You may need to register an account to access and use certain features of the Safe Cert Services (“Safe Cert Account”) and must keep your Safe Cert Account information accurate. Through your Safe Cert Account, you may be able to view your history of purchases of Subscriber Services and previous appointments with Safe Cert Subscribers. You are solely responsible for managing your Safe Cert Account. Your Safe Cert Account is non-transferable and may not be sold, combined, or otherwise shared with any third party. You’re responsible for any activity associated with your Safe Cert Account and must protect the security of your account and your password. We reserve the right to suspend or terminate your Safe Cert Account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your Safe Cert Account to engage in illegal or unethical activities.

7. Your Privacy
The personal information that Safe Cert collects or receives about you is collected or received on behalf of Safe Cert’s Customers (your Safe Cert Subscribers). Safe Cert is a Service Provider for its Customers (your Safe Cert Subscribers) and we comply with applicable privacy laws by acting as such. The processing of your personal information is subject to your Safe Cert Subscriber’s respective privacy policy.

For more information on how Safe Cert processes Client personal information as a Service Provider to Safe Cert Subscribers, please review our Privacy Policy. Safe Cert will not retain, use, or disclose Client personal information collected on behalf of a Safe Cert Subscriber (our Customer) except for the specific purposes set forth in our Privacy Policy and in compliance with applicable privacy laws.

Please Note:  We do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under 13, please do not access or use the Safe Cert Services, attempt to register a Safe Cert Account,  or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at legal@blvd.co.

8. Consent to Text
By providing your mobile phone number to Safe Cert, you agree that Safe Cert may send you autodialed Short Message Service (“SMS”) or Multimedia Messaging Service (“MMS”) messages for alerts, confirmations, reminders, service updates, promotions, and other purposes, as well as SMS or MMS messages soliciting your Feedback about the Safe Cert Services and your experience interacting with Safe Cert’s Support team. Standard message and data rates may apply. If you would like to opt out of receiving SMS and MMS messages, you should contact support@blvd.co.

9. User Content
Parts of the Safe Cert  Platform enable you to provide feedback, text, photos, audio, video, information, and other content (all “User Content,” and collectively with Safe Cert Subscriber Content, “Content”). By providing User Content, in whatever form and through whatever means, you grant Safe Cert a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit, that Content, without limitation. If User Content includes personal information, our Privacy Policy describes how we use that personal information as a service provider to our Customers (your Safe Cert Subscribers). You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Safe Cert the rights described in these Terms. You are responsible and liable if any of your User Content violates or infringes the intellectual property or privacy rights of any third party. Your User Content must comply with the restrictions on use described below in Section 10 of these Terms.

Actions initiated by you on the Safe Cert Platform or through the Safe Cert Services may irrevocably modify and/or delete User Content. YOU ACKNOWLEDGE AND AGREE THAT SAFE CERT IS NOT RESPONSIBLE FOR THE LOSS OR MODIFICATION OF ANY USER CONTENT AND THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.

Copyright Policy. Safe Cert respects the intellectual property rights of others and expects its users to do the same. Safe Cert will investigate and respond to notices of alleged infringement that are properly submitted in accordance with our Copyright Policy, as may be updated by Safe Cert from time to time. Any data or information submitted to our Services is subject to our Copyright Policy. To learn more about the DMCA, click here.

10. Restrictions on Use
By using the Safe Cert Services, you represent, acknowledge, and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a "Minor"), that you are using the Safe Cert App with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Safe Cert Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Safe Cert if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Safe Cert Services at any time or in any manner or submit any information on the Safe Cert Platform or to Safe Cert.

The Safe Cert Services and your Safe Cert Account may only be used (i) for your own internal, personal, use, and not on behalf of or for the benefit of any third party, and (ii) only to the extent that you obey all laws, rules, and regulations applicable to your use of the Safe Cert Services. By accessing or using the Safe Cert Services and by creating a Safe Cert Account, you confirm that you will not access or use the Safe Cert Services, including our Platform, and will not make payments in connection with the Safe Cert Platform, in a manner that: (1) infringes or violates the intellectual property rights or any other rights of anyone else (including Safe Cert); (2) violates any law or regulation; (3) copies, reproduces, alters, modifies, creates derivative works, publicly displays, republishes, uploads, posts, transmits, resells or distributes in any way material or information from Safe Cert, including the Safe Cert Services and Platform; (4) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, timeshare, offer in a service bureau, or otherwise make the Safe Cert Services, including our Platform available to any third party; (5) reverse engineers, decompiles, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Safe Cert Services or Platform; (6) accesses or uses (or allow a third party to access or use) the Safe Cert Services, including our Platform for competitive analysis or to build any competing products or services; (7) copies any features, functions, integrations, interfaces or graphics of the Safe Cert Services, including our Platform; (8) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (9) indirectly or directly exports the Safe Cert Services; (10) jeopardizes the security of your Safe Cert Account or anyone else’s (such as sharing your password or account, or allowing someone else to log in to the Services as you); (11) attempts, in any manner, to obtain the password, account, or other security information from any other user; (12) violates the security of any computer network, or cracks any passwords or security encryption codes; (13) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Safe Cert Services, or that otherwise interfere with the proper working of the Safe Cert Services (including by placing an unreasonable load on the Safe Cert Services’ infrastructure); (14) access or monitor any material or information on any Safe Cert system using any manual process or robot, spider, scraper, or other automated means; (15) copies or stores any significant portion of the Content; or (16) otherwise uses or exploits the Safe Cert Services, including our Platform, in any manner not expressly permitted by these Terms. Furthermore, with respect to any Safe Cert application accessed through or downloaded from the App Store, you will comply with the applicable App Store’s terms and policies. You may be required to accept updates to the Safe Cert application in order to continue to use the Safe Cert Services.

In addition, You agree not to upload to the Safe Cert Services or otherwise post, transmit, distribute, or disseminate through the Safe Cert Services, any content that: (a) you have not created yourself or you do not have permission from the copyright owner to do so; (b) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (c) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (d) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (e) contains corrupted data or any other harmful, disruptive, or destructive files; (f) advertises products or services competitive with Safe Cert’s or its partners’ products and services, as determined by Safe Cert in its sole discretion; or (g) in Safe Cert’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Safe Cert Services, or which may expose Safe Cert, its affiliates, or users to harm or liability of any nature. 

Any violation of the foregoing is grounds for termination of your right to use or access the Safe Cert Services. In addition, if we reasonably suspect that you have used the Safe Cert Services for any unauthorized, illegal, or criminal purpose, you give us authorization to share information about you, your Safe Cert Account, and/or any of your transactions with law enforcement.

11. Monitoring
You acknowledge that Safe Cert has the right, but does not have any obligation, to monitor the use of the Safe Cert Services; verify information provided by Clients and Customers; or pre-screen, edit, or monitor any Content. However, Safe Cert reserves the right in its sole discretion to refuse, remove, screen, edit, or disable any Content at any time and for any reason without notice. For example, we may review, disable access to, remove, or edit Content to (i) operate, secure and improve the Safe Cert (including for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure your compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address User Content or Safe Cert Subscriber Content that we determine is harmful or objectionable; and (v) take actions set out in these Terms.

12. Availability & Changes to the Safe Cert Services
We’re always trying to improve the Safe Cert Services, so they may change over time. We may suspend or discontinue any part of the Safe Cert Services, or we may introduce new features, impose limits on certain features, or restrict access to parts or all of the Safe Cert Services. We’ll try to give you notice when we make a material change to the Safe Cert Services that would adversely affect you, but this isn’t always practical. 

Safe Cert makes no representations or warranties about the Safe Cert Services' uptime, availability, or permissibility in any particular geographical location. From time to time, scheduled system maintenance or emergency maintenance may occur, and during such maintenance periods, the Safe Cert Services may be inaccessible and unavailable, with or without notice to you.

13. License Grant to You and Ownership of the Safe Cert Services
Subject to your compliance with these Terms, including the Restrictions on Use described in Section 10, Safe Cert hereby grants you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to access and use the Safe Cert Services in accordance with these Terms. The Safe Cert Services are licensed to you, not sold. Safe Cert reserves all rights not expressly granted to you in these Terms. The Safe Cert Services are protected by copyright, trade secret, and other intellectual property laws. Safe Cert owns the title, copyright, and other worldwide intellectual property rights in the Safe Cert Services and all copies of the Safe Cert Services. These Terms of Service do not grant you any rights to Safe Cert’s “Marks” (including trademarks; service marks; business, service, and product names; domain names; logos; and publicly available images) You shall not, nor knowingly permit a third party to, remove or modify Safe Cert’s Marks or attribution from the Platform or Services.

14. Feedback
You may choose to or we may invite you to submit comments or ideas about the Safe Cert Services, including without limitation about how to improve the Safe Cert Services or our other products (“Feedback"). You represent and warrant that you have all rights necessary to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Safe Cert under any obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Safe Cert does not waive any rights to use similar or related ideas previously known to Safe Cert or developed by its employees, or obtained from sources other than you. Safe Cert has no obligation to review any Feedback nor to keep any Feedback confidential, and Safe Cert may use and redistribute Feedback for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

15. App Store
Your use of Safe Cert’s application (“Safe Cert Application”) is subject to these Terms as well as the additional terms and conditions in this Section.  You acknowledge and agree that the availability of the Safe Cert Application is dependent on the third party from whom you received the Safe Cert App license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that (i) these Terms are between you and Safe Cert, and not with Apple, Google, or their App Stores; (ii) Safe Cert, not Apple, Google, or their App Stores, is solely responsible for the Safe Cert Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement); and (iii) the Safe Cert Application is is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to these Client Terms of Service.  In order to use the Safe Cert Application, you must (1) have access to a wireless network, (2) only use the Application in connection with a mobile device that you own or control; and (3) agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Safe Cert Application. You agree to comply with, and your license to use the Safe Cert App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Safe Cert App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.

16. Termination
You may terminate these Terms at any time by closing your Safe Cert Account and ceasing to use the Safe Cert Services and Safe Cert Platform.

We may terminate these Terms and close your Safe Cert Account for any reason or no reason (with or without notice) in our sole discretion at any time, including (but not limited to), if you (a) have violated these Terms or any other agreement you have with Safe Cert or Safe Cert’s policies, (b) pose an unacceptable credit or fraud risk to us, and/or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the Safe Cert Services, including our Platform.

If your Safe Cert App Account is terminated for any reason or no reason, you agree: (i) to continue to be bound by the surviving Terms listed in Section 25, (ii) to immediately stop using the Safe Cert Services, (iii) that the license provided under these Terms shall end, (iv) that we reserve the right (but have no obligation) to delete all of your Content, information, and account data stored on our servers, and (v) that Safe Cert shall not be liable to you or any third party for termination of access to the Safe Cert Services, or for deletion of your information or account data.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Safe Cert Services, or in connection with any termination or suspension of the Safe Cert Services. Any termination of these Terms does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in these Terms.

17. Disclosures & Notices
You acknowledge and agree that Safe Cert may provide disclosures and other notices required by law and other information about your access and use of the Safe Cert Services to you electronically by posting them on the Safe Cert Platform or by emailing the email address listed in your Safe Cert Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing Safe Cert with your most current email address. In the event that the last e-mail address you provided to Safe Cert is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Safe Cert’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

18. Third-Party Services
The Safe Cert Services may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Safe Cert is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

19. Disclaimer of Warranties & Conditions
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SAFE CERT SERVICES ARE PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS AND YOUR USE OF THE SAFE CERT SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SAFE CERT SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAFE CERT OR THROUGH THE SAFE CERT SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SAFE CERT, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT OR ENDORSE THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY, OR SUITABILITY OF ANY SAFE CERT SUBSCRIBER OR SUBSCRIBER SERVICE OR THAT ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SAFE CERT SERVICES, USED ON, OR MADE AVAILABLE THROUGH THE SAFE CERT SERVICES, ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SAFE CERT SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SAFE CERT SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SAFE CERT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT SAFE CERT IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SAFE CERT SERVICES’ INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES, OR FROM YOUR RELIANCE ON THE PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY CONTENT ACCESSED OR OTHERWISE MADE AVAILABLE THROUGH USE OF THE SAFE CERT SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SERVICE-PROVIDER OFFERINGS, RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SAFE CERT SERVICES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SAFE CERT SERVICES, OR THE CONTENT OR SERVICES MADE AVAILABLE THROUGH THE SAFE CERT SERVICES SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SAFE CERT SERVICES.

SAFE CERT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, INCLUDING SUBSCRIBER SERVICES AND/OR SAFE CERT SUBSCRIBERS, THROUGH THE SAFE CERT SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SAFE CERT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20. Limitation of Liability & Damages
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAFE CERT, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, WORK STOPPAGE, SERVICE INTERRUPTION, SERVICE INTERRUPTION, ACCURACY OF RESULTS OR DATA, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF OR INABILITY TO USE THE SAFE CERT SERVICES OR CONTENT MADE AVAILABLE THROUGH THE SERVICES, (III) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH OR AS A RESULT OF YOUR USE OF THE SAFE CERT SERVICES, OR (IV) RELIANCE ON SAFE CERT SUBSCRIBER CONTENT OR BOOKING OF A SAFE CERT SUBSCRIBER SERVICE.

UNDER NO CIRCUMSTANCES WILL SAFE CERT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SAFE CERT SERVICES YOUR SAFE CERT ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAFE CERT, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SAFE CERT SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SAFE CERT SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SAFE CERT SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SAFE CERT SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. 

IN NO EVENT SHALL SAFE CERT’S, ITS PROCESSORS’, AGENTS’, SUPPLIERS’, OR LICENSORS’ (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR INTERACTION WITH ANY SAFE CERT SUBSCRIBER OR YOUR USE OF OR INABILITY TO USE THE SAFE CERT SERVICES, ANY CONTENT, EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO SAFE CERT IN CONNECTION TO THE SAFE CERT SERVICES DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

21. Indemnification
To the fullest extent allowed by applicable law, you agree to release, indemnify, defend (at Safe Cert’s option), and hold harmless Safe Cert and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the “Safe Cert Parties”) from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) any actual or alleged breach by you of these Terms; (b) your improper access to or use of the Safe Cert Services (including any actions taken by a third party using your Safe Cert Account); or (c) any actual or alleged breach of any laws, regulations or third party rights such as intellectual property or privacy rights. Safe Cert reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Safe Cert in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.

22. Governing Law & Venue
These Terms will be interpreted in accordance with the laws of the State of California, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in state or federal court in Los Angeles, California unless we both agree to some other location. You and I both consent to venue and personal jurisdiction in Los Angeles, California.

23. Dispute Resolution & Arbitration Agreement
Please read the following Dispute Resolution and Arbitration agreement in this Section carefully. 

23.1. Overview of Dispute Resolution Process. Safe Cert is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with any Safe Cert Subscriber involved in the dispute and the Safe Cert customer service team (described in paragraph 23.2, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA''). You and Safe Cert each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

23.2. Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Safe Cert each agree to notify the other party and any related Safe Cert Subscriber of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Safe Cert by email at legal@blvd.co. Safe Cert will send its notice of dispute to the email address associated with your Safe Cert Account or the email or phone number you provide. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

23.3. Agreement to Arbitrate. You and Safe Cert mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Safe Cert Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Safe Cert agree that the arbitrator will decide that issue.

23.4. Exceptions to Arbitration Agreement. You and Safe Cert each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Safe Cert agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

23.5. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

23.6. Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Safe Cert agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Los Angeles County; (c) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

23.7. Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

23.8. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

23.9. Jury Trial Waiver. You and Safe Cert acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

23.10. No Class Actions or Representative Proceedings. You and Safe Cert acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

23.11. Severability. Except as provided in Section 23.10, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

23.12. Changes to Agreement to Arbitrate. If Safe Cert changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Safe Cert (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Safe Cert.

23.13. Survival. Except as provided in Section 23.11, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the Safe Cert Platform or terminate your Safe Cert account.

24. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred, delegated, or assigned by you, but may be assigned, transferred, or delegated by Safe Cert without restriction. This Agreement is binding on the parties and their successors and permitted assigns.

25. Survival
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 2-3, 7-9, 13-14, 16-26. 

26. General Provisions
Except as expressly provided in these Terms, these Terms are a complete and exclusive statement of the mutual agreement between you and Safe Cert and describe the entire liability of Safe Cert and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the Safe Cert Services. These Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. Safe Cert shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. In the event of a conflict between these Terms and any other Safe Cert agreement or policy, these Terms shall prevail on the subject matter of these Terms. If any provision of these Terms is found to be invalid or unenforceable under applicable law, then it shall be changed to the minimum extent necessary, and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Safe Cert and you do not have any authority of any kind to bind Safe Cert in any respect whatsoever. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that Safe Cert may have under trade secret, copyright, patent, or other laws. Safe Cert’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
 

 This policy is being disclosed to you, the cardholder, to comply with Card Brand requirements informing you of the following specifications related to canceling services that are being booked with a Business through the Safe Cert booking platform.  By booking an appointment through this platform, you are acknowledging your understanding of the policy, the requirements, and are subject to the following terms:

Appointments can be canceled by you, the cardholder, without a cancellation fee being applied if commenced a minimum of 24-hours before the scheduled start time of your appointment.

If you, the cardholder, cancel your appointment with less than 24-hours notice per this policy; it is considered a “Late-Cancellation” and is subject to a fee of up to 100% of the scheduled service(s).

If you, the cardholder, do not contact the business to cancel your appointment with a minimum of 24-hours notice and/or No-Show for your appointment; you are subject to a fee of up to 100% of the scheduled service(s).

Late appointment arrivals impacting the completion of service are subject to being charged the full price of the scheduled service(s) to the cardholder.

As a courtesy, appointment confirmation messages are sent 48 hours in advance of appointments by both SMS and email to the contact information given at time of booking. Failing to respond to those confirmation messages could result in your appointment slot being given to another client.

To ensure a full experience, please arrive at least ten minutes before your scheduled appointment time.

Applicable taxes and fees will be retained and remitted.  
 

 Safe Cert Labs, Inc. (“Safe Cert” or “we”) respects the intellectual property rights of others and expects you, our Customers, and Clients (both referred to as “you” in this Policy) to do the same. This Copyright Policy (or “Policy”) describes the process for submitting complaints concerning alleged copyright infringement and what we’ll do to investigate such complaints. 

This Copyright Policy is incorporated into and made part of the Main Services Agreement (“MSA”) if you are a Customer and the Client Terms of Service if you are a Client. If you see an undefined term in this Policy, it has the same definition as in the MSA if you are a Customer and the Client Terms of Service if you are a Client.

This Copyright Policy may be updated by Safe Cert from time to time upon reasonable notice, which may be provided via your Account, email, or by posting an updated version of this Policy at https://www.joinblvd.com/legal/copyright-policy. Your continued use of the Services shall be deemed your conclusive acceptance of any such revisions. 

BY USING OR OTHERWISE ACCESSING THE SAFE CERT SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS POLICY, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. 

Notification of Copyright Infringement

Infringing someone else’s copyright is prohibited by our MSA and Client Terms of Service. It is Safe Cert’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Safe Cert will respond expeditiously to claims of copyright infringement committed using the Safe Cert Services, including our Platform (i.e., our websites and applications), that are reported to Safe Cert’s Legal Department, identified in the sample notice below.

If you are a copyright or trademark owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trademark, and believe in good faith that certain material made available on the Safe Cert Services infringes your copyright, please report alleged infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to Safe Cert’s Legal Department. Upon receipt of the Notice as described below, Safe Cert will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

DMCA Notice of Alleged Infringement ("Notice")

Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - provide a comprehensive list of the copyrighted works that you claim have been infringed. 

Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Services or Platform where such material may be found.

Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and your electronic or physical signature.

 The Safe Cert Marks (defined in Section 1) and Copyrighted Works (defined in Section 1) are the intellectual property of Safe Cert Labs, Inc. (“Safe Cert” or “we”), and are among our most valuable assets. These Trademark & Copyright Usage Guidelines (or “Guidelines”) are designed to protect our brand, and also to help you responsibly share about Safe Cert. Please follow these Guidelines and our Brand Resource page in order to properly use the Safe Cert Marks and Copyrighted Works in all communications, documents, online content, and electronic messages. 
These Guidelines apply to Safe Cert Customers, Clients, partners, developers, consultants, and other third parties (each referred to as “you”) who have a license or permission to use the Safe Cert Marks in a written agreement with Safe Cert. These Guidelines are incorporated into and made part of the Main Services Agreement (“MSA”) if you are a Customer and the Client Terms of Service if you are a Client. 

These Trademark & Copyright Usage Guidelines may be updated by Safe Cert from time to time upon reasonable notice, which may be provided via your Account, email, or by posting an updated version of Guidelines at https://www.joinblvd.com/legal/trademark&usage. Your continued use of the Safe Cert Marks shall be deemed your conclusive acceptance of any such revisions. 

If you fail to follow these Guidelines or any specific guidelines set forth in your agreement with Safe Cert, then Safe Cert retains the right to modify or revoke your license or permission to use the Safe Cert Marks and Safe Cert Copyrighted Works. In addition to any other right that we may have to enforce the terms of these Guidelines and our additional agreements or licenses with you, you must promptly comply with any request that we make for you to cease a use of the Safe Cert Marks or Copyrighted Works that we determine is non-compliant with these Guidelines.

BY USING OR OTHERWISE ACCESSING THE SAFE CERT SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE GUIDELINES,  UNDERSTAND THEIR TERMS, AND AGREE TO BE LEGALLY BOUND BY THEIR TERMS. 

1. Definitions
Safe Cert’s trademarks include the Safe Cert name and Safe Cert logo, its additional trademarks, service marks, and tradenames, its domain names, as well as all words, slogans, taglines, images,  icons, logos, graphics, designs, and other indicators that identify Safe Cert, or its business, services, or products (collectively, the “Safe Cert Marks”).  

Safe Cert’s copyrighted works mean all works of authorship by Safe Cert that are fixed in a tangible medium like software, documentation, and online content; such works include, but are not limited to our website and application content, videos, as well as our Platform, Software, Documentation and certain Professional Services (as such terms are defined in the MSA) (collectively, the “Safe Cert Copyrighted Works”)

2. Prohibited Uses
You may NOT use the Safe Cert Marks or Safe Cert Copyrighted Works unless you have a written agreement with Safe Cert that contains a license or permission to use the Safe Cert Marks and/or Safe Cert Copyrighted Works. 

Absent explicit written permission from Safe Cert, the following uses of Safe Cert’s Marks and Copyrighted Works are strictly prohibited:

a. Company, Product, Service, or Website Name: You may not incorporate any of Safe Cert’s Marks or Copyrighted Works, or any recognizable portion of such, into your company name, app name, product name, service name, website or domain name, social media handle, taglines, or any other source-identifying materials.

b. Use of Copyrighted Works: You may not use or display any of Safe Cert’s Copyrighted Works for any purpose, including for use in blog posts or videos.

c. Proprietary Notices, Abbreviations, and Translations: You may not remove any copyright, trademark, or other proprietary notices or labels included with or near the Safe Cert Marks or Copyrighted Works. You may not use abbreviations or translations of any of Safe Cert’s Marks.

d. Advertising, Marketing, and Promotional Material: You may not purchase any of  Safe Cert’s Marks as an ad word or keyword from any search engine, social media forum, or other online venue. You may not use any of Safe Cert’s Marks or Copyrighted Works in advertising, marketing, or promotional materials.

e. Types Styles and Fonts: You may not use type styles or fonts for your company name or product name that look like those of Safe Cert’s Marks or Copyrighted Works, or stylizations. You may not use logos, designs, or stylizations that incorporate design elements of, or look similar to, logos, designs, or stylizations of Safe Cert’s Marks.

f. Alteration or Modification of Marks: You may not alter or modify any of Safe Cert’s Marks in any way.

g. Disparaging Uses: You may not use any of Safe Cert’s Marks or Copyrighted Works in a way that is defamatory, libelous, obscene, unlawful, or otherwise disparaging or in any way that would dilute, tarnish, or otherwise conflicts with Safe Cert’s ability to use and/or enforce its rights in its Marks and Copyrighted Works works, even if such use is under a license.

h. No Endorsement: You may not use the Safe Cert Marks or Copyrighted Works to imply endorsement by Safe Cert of your products or services, or in a manner that causes customer confusion. You may not misrepresent your relationship with Safe Cert, or use the Safe Cert Marks or Copyrighted Works in any manner that is misleading.

i. Use of Confusingly Similar Marks: You may not use any trademark or service mark that is likely to be confused with any of Safe Cert’s Marks in your company’s name, product or service name, publication title, conference title, website name, domain name, social media handle, or other source-identifying material or otherwise give the impression of affiliation with or endorsement by Safe Cert. For example, you may not use names like “Safe Cert Business Services,” “Safe Cert for Platforms,” or domains like “getSafe Cert.com.” Instead, it is important you see your own marks in a manner that makes your brand or any other descriptor of your goods/services clearly distinguishable from that of Safe Cert’s. For example, “Commission Calculator for Safe Cert” or “Business Analytics powered by Safe Cert” are acceptable and emphasize your brand; but “Safe Cert Analytics”, “Safe Cert for Businesses”, or “Safe Cert Analytics” are unacceptable and emphasize the Safe Cert Marks.

3. Authorized Uses
a. Acknowledgement before Use
Before using any of Safe Cert’s Marks and Copyrighted Works, you must carefully review these Guidelines. By downloading, using, or displaying any of Safe Cert’s Marks and Copyrighted Works, you acknowledge and agree that you have read these Guidelines in full and agree to abide by them and further acknowledge and agree to the following:

Safe Cert is the sole owner of its Marks and Copyrighted Works.

You represent that you will not interfere with Safe Cert’s ownership or rights in its  Marks and Copyrighted Works anywhere in the world.

You may not transfer the rights granted in these Guidelines to anyone else.

Any goodwill derived from your use of Safe Cert’s Marks and Copyrighted Works inures to the benefit of Safe Cert.

Unless otherwise specified in a separate agreement, we may modify or revoke any right to use or displaySafe Cert’s Marks and Copyrighted Works at any time in our sole discretion.

These Guidelines are not intended to be an exhaustive list of Safe Cert’s rights in its Marks and Copyrighted Works.

We make no warranties with any permissions we grant of Safe Cert’s Marks or Copyrighted Works.

Safe Cert will not be liable for any damages arising from using Safe Cert’s Marks or Copyrighted Works according to these Guidelines, whether direct, indirect, incidental, special, consequential, punitive, exemplary, or otherwise.

Safe Cert reserves all rights in its intellectual property, including rights not expressly described in these Guidelines.

b. Referring to Safe Cert in Text
You may use Safe Cert’s Marks in plain text to accurately reference our company, products, or services, as long as your use does not risk confusion about our involvement or relationship. The following Guidelines must be followed:

Safe Cert’s Marks must not be a part of the offering’s name or other branding (such as logos or tag lines).

Safe Cert’s Marks must be less prominent than the offering’s name.

Language must be used as the prefix to accurately explain the inclusion of Safe Cert’s Marks. For example “powered by,” “runs on,” or “integrates with” are accepted phrases when such statements are true.

Your use of Safe Cert’s Marks must not risk creating an impression of endorsement, sponsorship, or false association with Safe Cert or any of its products or services.

A trademark attribution notice must be included within the credit/end section of the publication providing adequate notice of Safe Cert’s ownership of its Marks. Acceptable attribution statement language can be found in the “Usage Guidelines” section below.

• Safe Cert Mark Usage Guidelines

b. Trademark Notices
Properly designate the status of Safe Cert’s trademarks by using the correct trademark symbol (with ®, ™, or ℠) reflecting Safe Cert’s ownership of particular marks as set forth below. Also include an attribution of Safe Cert’s ownership in the following format: “_ is a trademark of Safe Cert Labs, Inc.” The ™ or ℠ Symbol should be prominently displayed in conjunction with any Safe Cert Mark being used, unless otherwise directed by us to use the ® symbol. All Safe Cert Marks used should directly hyperlink to the Safe Cert homepage located at joinblvd.com.

In letters, memos, press releases, white papers, advertising, slides, foils, video, and other multimedia presentations:

Properly designate (with ®,™, or ℠) all of Safe Cert’s trademarks at the most prominent use (usually a headline) and again on the first occurrence in copy; and

In the case of presentation graphics, trademarks should be designated with the proper trademark symbol on each page, slide, and foil.

In newsletters, magazines, and publications containing multiple articles:

Properly designate (with ®,™, or ℠) all of Safe Cert’s trademarks on the first occurrence in the document, in headlines and on the first occurrence in every article in which they are used.

In brochures, annual/quarterly reports, books, technical documentation, and other bound documents:

Properly designate (with ®, ™, or ℠) all of Safe Cert’s trademarks on the first occurrence in the document, in headlines, and on the first occurrence in text.

In all charts or graphs, properly designate trademarks (with ®,™,or ℠).

On all packaging, always use the trademark symbol in every reference.

b. Syntax for Marks
Use the Safe Cert trademarks only as adjectives followed by the appropriate generic product or service noun describing the relevant product or service (e.g., “the Safe Cert® booking platform rocks”). Safe Cert trademarks should not be used in plural or possessive form or as verbs.

c. Reference to Safe Cert
When Safe Cert is used to refer to our company, Safe Cert Labs, Inc., rather than as a brand of product or services, then the rules for proper usage change slightly. Unlike trademarks, company names are proper nouns; they can be used in the possessive form and do not need to be followed by a generic term. Neither the ™ nor ® symbol should accompany references to Safe Cert as a company. Example:

Correct: Safe Cert is now offering its customers more choices than ever. Incorrect: Safe Cert® is now offering its customers more choices than ever.

d. Style of Use
When using Safe Cert’s trademarks: (i) follow the style and usage guidelines available in our Brand Style Guide; (ii) use our Logos exactly as they appear here, and do not alter or distort their appearance in any way, for example, by adding your own design elements or changing the font, colors, or size; (iii) allow for clear space around our Logo; and (iv) maintain the legibility of our Logos and keep them sharp, clear, and well-produced. When using our Word Marks, you may not change their appearance by abbreviating them, incorporating them into acronyms, changing their spelling, using them in parts, or using improper capitalization.

e. Safe Cert Trademarks, Logos, & Service Marks
The following is an illustrative, non-exhaustive list of logos, trademarks, and service marks owned by Safe Cert. Because this list of logos and trademarks and their status could change over time, including as we add new products and services, please review this section in these Guidelines periodically. Please note that the absence of a product or service name or logo from the list below does not constitute a waiver of Safe Cert’s trademark or other intellectual property rights in that name or logo.

Safe Cert Trademarks

Safe Cert™ (application program) Blvd™ (application program) Safe Cert Logo™ Precision Scheduling™ (application feature)

Safe Cert Service Marks

Safe Cert® (various services) Compris Pricing℠ (business service)

Safe Cert Logos

See our Brand Resource Page

What does PCI Mean To Your Business?
Payment Card Industry Data Security Standard (PCI DSS) defines a set of standards, rules and procedures designed to protect consumer data in credit/debit transactions and to reduce the expensive data breaches. The leading five Card Brands, Visa, MasterCard, Amex, Discover, and JCB established PCI Security Standards Council (PCI SSC) as a governing/administration entity and it is responsible for all PCI rules and standards.

Digesting and understanding the PCI DSS compliance can be overwhelming or confusing for some businesses. We created this document in order to help you understand the PCI DSS Compliance requirements, comply with the rules, and ultimately safeguard your business.

Safe Cert is a PCI DSS approved Level 1 Service Provider. As a service provider, we manage payment processing and take the necessary steps to address certain PCI DSS requirements through our own efforts and by providing guidance to our customers. However, partnering with a PCI DSS compliant provider does not still make you, as a business, compliant with PCI regulations. As a merchant who accepts credit/debit cards you are still responsible for ensuring that your business is compliant with all current PCI requirements imposed by PCI SSC and the Card Brands. 

As mentioned above, PCI DSS is intended for all entities accepting/processing card transactions, including merchants, regardless of their size or payment volume. Compared to larger merchants, smaller merchants typically have simpler environments with limited amounts of cardholder data and fewer systems that need protecting and hence reduced overall PCI compliance effort. There are four levels of PCI compliance levels as discussed in the next section and each level has unique requirements for a business to validate. Your business’ total annual transaction volume determines your compliance level. 

If your business is not compliant with PCI standards, you could be at the risk of fines and penalties related to data breaches, card replacement costs, forensic audits, and investigations into your business. Additionally, it could affect brand image and can have other consequences as well.

PCI DSS Requirements
PCI DSS standards cover technical and operational system components included in or connected to cardholder data. The following is the list of current requirements as of October 1, 2020, when this document was written:

Install and maintain a firewall configuration to protect cardholder data

Do not use vendor-supplied defaults for system passwords and other security parameters

Protect stored cardholder data

Encrypt transmission of cardholder data across open, public networks

Use and regularly update anti-virus software or programs

Develop and maintain secure systems and applications

Restrict access to cardholder data by business need-to-know

Assign a unique ID to each person with computer access

Restrict physical access to cardholder data

Track and monitor all access to network resources and cardholder data

Regularly test security systems and processes

Maintain a policy that addresses information security for employees and contractors

The above checklist is updated by PCI Security Council from time to time. Visit PCI Security Standards Council website to get the most up to date checklist for PCI DSS.

PCI Compliance Levels and Reporting Requirements
Your PCI compliance reporting requirements depend on the volume of card transactions that you process. Below outlines these reporting requirements based on the applicable level.

Level: 1
Applicability:
Any Merchant processing more than 6M transactions per year OR Any merchant that has had a data breach or attack that resulted in card data compromise OR Any merchant identified as Level 1 Card Brands

PCI Reporting Requirements:
Annually:

Report of Compliance (ROC) completed by a Qualified Security Assessor (QSA) or Internal Security Assessor (ISA) and signed by Officer of the company

Quarterly:

Network scan by Approved Scan Vendor (ASV)

Level: 2
Applicability:
Merchants processing 1M - 6M transactions

PCI Reporting Requirements:
Annually:

Report of Compliance (ROC) completed by a Qualified Security Assessor (QSA) or Internal Security Assessor (ISA) and signed by Officer of the company

Quarterly:

Network scan by Approved Scan Vendor (ASV)

Level: 3
Applicability:
Merchants processing 20K - 1M eCommerce transactions

PCI Reporting Requirements:
Annually:

Self-Assessment Questionnaire (SAQ) completed by merchant or by a Qualified Security Assessor (QSA). See more at Completing SAQ
Quarterly:

Network scan by Approved Scan Vendor (ASV)

Level: 4
Applicability:
All other merchants

PCI Reporting Requirements:
Annually:

Self-Assessment Questionnaire (SAQ) completed by merchant or by a Qualified Security Assessor (QSA). See more at Completing SAQ
Quarterly:

Network scan by Approved Scan Vendor (ASV)

A complete list of Approved Scan Vendors (ASVs) can be found here
Cost of PCI Compliance
The cost of being PCI compliant depends on the size of your business so vary from business to business. See PCI Security Standards Council website for more information.

Learn about the California Consumer Privacy Act of 2018 (CCPA) and your potential responsibilities in this area.

The contents of this guidance note should not be construed as legal advice. If you have any questions about the applicability of the CCPA to your business or your obligations, we recommend reaching out to your own independent legal counsel.

Safe Cert is committed to ensuring that individuals that provide personal information to Safe Cert and our customers trust that their information is being adequately protected and managed in line with their expectations and in accordance with the applicable data privacy legislation.  Part of this commitment means that our customers have the appropriate information and tools on hand to understand their obligations and how Safe Cert can support certain aspects of these obligations.  

What is the CCPA?
The CCPA is a California data privacy law establishing requirements for how businesses must collect and process the personal information of California residents that goes into effect on January 1, 2020. The CCPA establishes individual rights (e.g., a right to access their information and a right to deletion) that may be invoked by individuals to provide greater transparency as to how businesses use their data as well as additional control over their information.

What is personal information under the CCPA?
Personal information under the CCPA is defined as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Therefore, your customer's name, address, email, and phone number are all personal information, but so is their order history and feedback if it is connected to or can be associated with that individual. 

Does the CCPA affect my business?
It depends. The CCPA governs the collection and use of California residents’ personal information and applies to businesses that meet one of the following criteria:

Have annual gross revenues in excess of $25 million;

Annually buy, receive, sell, or share the personal information of 50,000 or more customers for commercial purposes; or

Derive 50% or more of its annual revenue from selling customers’ personal information.

The CCPA may also apply to your business if it is controlled by or shares common branding (e.g., shared name, service mark, or trademark) with a business that meets one of the criteria above. If you are unsure whether the CCPA applies to you, please consult with your own independent legal counsel.

Recommended activities if your business must comply with the CCPA
Think about your data and develop a data inventory: Although not required under the CCPA, understanding what personal information you collect, where you collect it from, how you use it, who you share it with and how long you retain it are important for effective CCPA compliance in other areas (e.g. notice disclosures and individual rights obligations). 

Think about how you collect information and disclosures: The CCPA requires businesses to provide information to in-scope individuals at the point where information is collected. This could apply whether someone is a consumer, an employee or otherwise. Consider where personal information is collected and whether you have the appropriate disclosures and notices in place. In some cases, privacy policies may also be required. 

Addressing individual rights compliance: The CCPA prescribes a number of information rights (e.g. right to access, right to deletion) that are described in additional detail in this guidance note. It is important that in-scope businesses understand the nature of these requests and develop a process to comply should a request come in. 

Identify if you sell any personal information: The CCPA imposes additional obligations if an in-scope business “sells” personal information. At a high level, a “sale” of personal information means that you are collecting personal information and then providing it to a third party that is using the data independently outside of any services they are performing on your behalf for some type of consideration. The transfer of money is not necessarily a requirement for a “sale”.  

Implement appropriate security controls: In addition to other legislation, the CCPA imposes additional security requirements for businesses that process personal information. It is important that businesses understand the nature of the information they are collecting and managing and that appropriate security measures are put into place to protect that information. 

Individual rights under the CCPA
Individual rights overview
The CCPA details a number of individual rights that your customers or employees may be able to exercise depending on the applicability of the CCPA to your business. 

Right to access: Individuals have the right to request a copy of the personal information that a business has collected or generated about them. This includes details as to the types of personal information collected, where the data came from, the business purpose for collection as well as information relating to how the data is shared with third parties. Businesses must provide the individual with the requested information within 45 days of receiving the request.  

Right to deletion: Individuals have the right to request deletion of all or portions of the personal information that a business has collected or generated about them. Businesses must confirm receipt of the request within 10 days and complete the request within 45 days of receiving the request. There is also an obligation to notify third party service providers of the request.   

Right to opt out of sales: Individuals have the right to request that a business refrain from “selling” their personal information to third parties. Businesses must comply with the request within 15 days. Once the request has been made to opt out, the business must restrict further processing and use of that personal information.   

Right to non-discrimination: Individuals have the right not to be discriminated against because they choose to exercise the rights afforded to them under the CCPA. For example, you can not charge someone more for a service because they requested a copy of their information by exercising their right to access.

This is a high-level summary of the individual rights under the CCPA. There are additional requirements in relation to each right as well as many exceptions where these rights may not be able to be invoked depending on the specific circumstances. Additionally, in-scope businesses are required to establish intake channels (e.g. a toll-free phone number, email, website form) to ensure that individuals have the ability to submit these rights requests. 

Individual rights considerations under the CCPA
Below are some considerations when you receive an individual rights request from one of your customers or employees:

Identity verification: In-scope businesses need to verify the identity of the individual making the request before providing them with the information they have requested. This prevents the disclosure of information to individuals that do not have a right to it. Think about what personal information you hold and the types of information that you may need from an individual to verify their identity within your business. Examples may include, but are not limited to names, email address, phone number or information such as an employee identification number or a loyalty account number. Note that under the CCPA, a request can also be submitted by an authorized agent acting on behalf of the individual.   

Applicability determination: After identity verification, the next determination is whether or not the individual is entitled to have the request fulfilled. The CCPA provides numerous instances where a business is not required to fulfill an individual rights request. This makes sense in certain cases, as a party to an active contract or an existing employee may not be entitled to compete deletion given the need to maintain their information. We recommend familiarizing yourself with the circumstances as to when each right applies.   

Timelines and communication: The CCPA imposes a number of timelines not only for the fulfillment of the right itself but also in relation to when you need to communicate with the requestor. It is important to ensure that you are aware of these timelines. In parallel with the deadlines, communication with the individual making the request is also important. It may be important to clarify the individual’s request if it is too broad or if you would like more clarity. Communication is also important to ensure that you properly verify the identity of the individual and determine whether or not their request is permissible under the CCPA.   

Rights fulfillment: In order to fulfill individual rights requests under the CCPA, in-scope businesses need to understand what personal information they collect, how it is used and how they share that information. For example, if you do not know what personal information you hold or how it is shared, providing information to an individual pursuant to an access request or being able to understand what you must delete as part of a deletion request will be difficult. The CCPA outlines a number of requirements specific to what needs to be provided to an individual so we recommend you read the CCPA to understand these requirements and engage an independent legal counsel if you have any questions. 

How Safe Cert will assist
In certain instances, Safe Cert will be able to assist our customers with aspects of your California Consumer Privacy Act of 2018 (CCPA) compliance efforts in relation to the fulfillment of individual rights.

Please note that Safe Cert can only support customers with individual rights requests for personal information that is collected by Safe Cert’s products and services. If you use other service and technology providers to store customer or employee personal information, you will need to reach out to them separately.

After you have received an individual rights request, before reaching out to Safe Cert, you need to: 
Confirm receipt and verify the identity of the individual making the request;  

Confirm whether the request itself is a valid individual rights request (e.g. not subject to an exemption) under the CCPA;  

Determine the appropriate scope of the request; and  

Confirm that the request itself is relevant to Safe Cert and that Safe Cert collects, maintains or uses the information forming part of the request. 

Once those elements are confirmed, please contact us at privacy@blvd.co. Your message should include:
The nature of the request (e.g., access, deletion, opt-out of sale etc.) in the subject line of the email; and

The name, email, phone number and other relevant details of the requestor (as applicable) to enable us to search our records and support the fulfillment of the request. 

Once we receive your message Safe Cert will provide the following support in addition to verification support or to confirm what data is being processed by Safe Cert:
For access requests, Safe Cert will scan our systems to determine if we hold information about the individual. Please provide the name, email, phone number and other relevant details of the request (as applicable) to enable us to perform the search. To the extent any information is found within Safe Cert or within any service provider systems, Safe Cert or the relevant service provider will provide you with the requested information in a reasonable and timely manner.

For deletion requests, Safe Cert will support the fulfillment of the deletion request by removing the relevant personal information held by Safe Cert as part of the request. To the extent applicable, Safe Cert may also notify other third party service providers that support Safe Cert with the processing activities. Once the above activities are completed, Safe Cert will respond to you and verify that the requested information has been deleted and that the appropriate third parties have been notified.   

For right to opt out of sale requests, where a sale has occurred, Safe Cert will ensure that any further sale of the requestor’s personal information is restricted. Safe Cert, where applicable, will also notify any third parties that process the information on Safe Cert’s behalf of the same. Once Safe Cert has fulfilled the request, Safe Cert will respond to you to verify that the individual has been opted out of further sales (as to information Safe Cert holds).

Please note that it is your responsibility to verify the appropriateness of the individual rights request and to determine the applicable scope. Please review the CCPA for additional information on the applicable requirements or consult your independent legal counsel for additional guidance generally or in relation to the fulfillment of any individual rights. 

Safe Cert’s support will only cover instances where Safe Cert processes personal information relevant to the request. If for any reason Safe Cert is unable to provide support or fulfill aspects of the individual rights requests above, we will communicate that to you along with our rationale for why the request cannot be fulfilled from the Safe Cert side.