Terms and conditions for Data Handler LLC regarding the service Failsafe.app. Last modified: March 1, 2026List of subprocessors
1. Scope of Application
1.1 The following Terms and Conditions apply to all contracts and services rendered between Data Handler LLC (hereinafter referred to as "Failsafe.app") and its customers with regard to the use of Failsafe.app (hereinafter "the Service"). These Terms and Conditions constitute a material part of each agreement unless expressly agreed otherwise in writing. Any differing terms or conditions by the user only apply with written consent by Failsafe.app.1.2 By creating an account on Failsafe.app Services or signing into Failsafe.app Services through third-party authentication, the user agrees to these Terms and Conditions.1.3 Failsafe.app is available to individuals and organizations (collectively "customers"). By accepting these Terms, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.1.4 Failsafe.app reserves the right to modify these Terms and Conditions with effect for the future at any time. Failsafe.app will notify the customer of material changes via email. If the customer does not object within two weeks after receipt of the change notification, the changes will be deemed accepted. Failsafe.app will inform the customer about the right to object and the effects of a lack of objection. If the customer rejects the changes, Failsafe.app has the right to terminate the agreement.
2. Failsafe.app Services
2.1 Failsafe.app provides a web-based platform that allows customers to configure automated "dead man switch" workflows. These workflows monitor for check-ins or key holder activations and, upon trigger conditions being met, deliver pre-configured secure information (including messages, files, and other content) to designated recipients via email or other supported delivery methods.2.2 Failsafe.app may continuously improve and expand its Services. The customer is not entitled to any functionality beyond what is described in the applicable subscription plan at the time of purchase.2.3 Failsafe.app provides the Service with commercially reasonable availability. Failsafe.app Services do not include internet access. Failsafe.app does not guarantee that any specific piece of content will be delivered to any recipient, and delivery depends on factors outside Failsafe.app's control including recipient email servers, spam filters, and network conditions. See Section 9 for the full disclaimer.2.4 In case of unforeseen events, Failsafe.app is entitled to suspend the Services for maintenance or repair purposes if this is necessary to ensure the proper operation of the Service.2.5 Failsafe.app is entitled to use the assistance of third parties in order to fulfill its contractual obligations.
3. Offer and Conclusion of a Contract
3.1 The agreement between Failsafe.app and the customer is concluded online via the Service. The customer must create a user account. A right to claim a user account does not exist; Failsafe.app expressly reserves the right to reject a user account without stating reasons.3.1.a The user account is non-transferable.3.1.b User accounts must be used by only one real natural person.3.1.c The user must keep their password secret and protect it against unauthorized use by third parties.3.2 The customer can order Failsafe.app subscription plans via their user account. Details for all available plans can be found on the Website.3.2.a To order a subscription plan, the customer must choose a plan, enter billing information, and complete the checkout process. Failsafe.app is not obligated to accept the customer's offer. The offer will be accepted by Failsafe.app making the functionality detailed on the Website for the subscription plan available to the customer.3.2.b Subscription plans may include a free trial period. The first payment will be due at the end of the trial period unless the customer cancels before the trial period ends.3.3 The customer represents and warrants that all personal information and other relevant contractual data provided during account creation is complete and correct. The customer is obligated to promptly update any changed information in their account.3.4 The customer acknowledges that contractual notices (e.g. confirmation emails, Terms updates, and other notifications) may be sent via email and are deemed received when they can be retrieved in the email inbox specified during account creation.
4. Customer's Rights and Obligations
4.1 The customer is entitled to use the Failsafe.app Services only to the extent described in these Terms and their active subscription plan.4.2 The customer is responsible for maintaining the confidentiality of their account credentials. The customer agrees to immediately inform Failsafe.app of any unauthorized use of their account, any breach of security, or any suspected misuse of the Service. Failsafe.app cannot and will not be liable for any loss or damage arising from the customer's failure to comply with this clause.4.3 Failsafe.app Services do not include legal advice or consultancy. The customer alone is responsible for ensuring their use of the Service and the content they configure complies with all applicable laws and regulations.4.4 The customer must not use Failsafe.app to distribute content that violates third-party rights and must ensure that their use of the Service does not violate applicable law in any form.4.5 The customer is solely responsible for the accuracy, legality, and appropriateness of all content, recipient information, and instructions they configure within the Service. Failsafe.app has no obligation to review customer-configured content.
5. Fees, Payment
5.1 The fees for the Failsafe.app Services are displayed in the customer's account and depend on the chosen subscription plan. Unless explicitly stated otherwise, all fees are quoted in U.S. dollars (USD) and exclusive of any applicable taxes.5.2 Fees are due at the beginning of each billing period.5.3 Terms and Conditions of involved payment processors (e.g. Stripe) apply in addition to these Terms.5.4 Failsafe.app reserves the right to adjust fees for subscription plans at any time. Any such change will affect existing contracts at the beginning of the following billing period after notice has been provided to the customer.5.5 Failsafe.app accepts the payment methods shown in the customer's account on the Website (e.g. credit cards).5.6 Invoices will be sent to the customer via email, unless expressly agreed otherwise.5.7 In the event of the customer's default of payment, Failsafe.app reserves the right to suspend access to the Service until all due payments have been made. The customer is nevertheless obligated to pay any accrued fees during the suspension period. After providing the customer a reasonable notice and expiration of that notice period, Failsafe.app has the right to terminate the agreement with immediate effect. Even if the customer does not use the provided Failsafe.app Services, the customer is still obligated to pay the agreed fees for their subscription period. In the event of returned payments or chargebacks, the customer shall reimburse Failsafe.app for any resulting fees to the extent the customer was responsible for the event that gave rise to those fees.5.8 Any complaints relating to an invoice must be submitted to Failsafe.app in writing or by email to support@failsafe.app within four weeks of receipt of the invoice. If no such complaint has been made within that period, the invoice is deemed accepted.
6. Term, Plan Changes and Termination
6.1 The contract term for the use of Failsafe.app Services is determined by the billing period selected with the subscription plan. Where automatic renewal has been selected, the contract will automatically renew upon expiry of the contract term by the same period, unless canceled by the customer via their user account before the renewal date.6.2 The customer can change their subscription plan via their user account at any time.6.2.a If the customer reduces to a lower-priced plan, the reduced fee will apply at the beginning of the next billing period. The next billing period is visible in the customer's user account.6.2.b If the customer upgrades to a higher-priced plan, the new fee will apply immediately. Any unused quota from the previous billing period will be credited or offset against the invoice for the new plan.6.3 Both Failsafe.app and the customer reserve the right to terminate the contract early for material cause. Material cause includes, but is not limited to, the customer remaining in default with payment obligations for two or more months, the customer's insolvency, or the customer's material breach of these Terms.6.4 Upon termination, the customer is responsible for exporting any data stored in the Service before the contract expires. Failsafe.app is not liable for any data loss following termination.
7. Grant of Rights, Ownership, Third-Party Rights
7.1 Upon conclusion of the agreement, Failsafe.app grants the customer a limited, non-exclusive, non-transferable, non-sublicensable right to use the Failsafe.app Services during the term of the agreement and to the extent necessary to use the Service in accordance with these Terms.7.2 The right of use shall expire once the customer's account is terminated or suspended for non-payment.7.3 Beyond the rights granted above, Failsafe.app does not grant the customer any right, title, or interest in Failsafe.app's properties or content. Failsafe.app retains all intellectual property rights in and to the Service, including source code, databases, and all related materials.7.4 The customer undertakes not to violate any applicable laws, including third-party intellectual property rights, personality rights, or the provisions of the US Children's Online Privacy Protection Act ("COPPA"), while using the Failsafe.app Services. The customer shall indemnify and hold Failsafe.app harmless from any and all third-party claims (including reasonable attorney's fees) asserted against Failsafe.app arising from the customer's content or use of the Service.
8. APIs
8.1 Failsafe.app offers APIs (Application Programming Interfaces) to access account and switch data programmatically. API access is available on plans that include API access as described on the Website.8.2 Failsafe.app is not responsible for third-party services or applications that use the Failsafe.app API. Failsafe.app can only ensure the functionality of the API interfaces to the extent that such functionality lies within Failsafe.app's scope of influence.8.3 Failsafe.app Services may provide links to or incorporate third-party technology. Failsafe.app does not endorse and is not responsible or liable for the operation or functionality of third-party technology.
9. Disclaimer of Warranties; Limitation of Liability
9.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FAILSAFE.APP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.9.2 FAILSAFE.APP DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.9.3 CRITICAL DISCLAIMER — DELIVERY NOT GUARANTEED: FAILSAFE.APP OPERATES A BEST-EFFORT DELIVERY PLATFORM. FAILSAFE.APP DOES NOT GUARANTEE THAT ANY EMAIL, NOTIFICATION, FILE, OR OTHER CONTENT CONFIGURED WITHIN THE SERVICE WILL BE DELIVERED TO ANY RECIPIENT, OR DELIVERED IN A TIMELY MANNER. DELIVERY MAY FAIL DUE TO FACTORS OUTSIDE FAILSAFE.APP'S CONTROL, INCLUDING BUT NOT LIMITED TO RECIPIENT EMAIL PROVIDER FAILURES, SPAM FILTERS, NETWORK OUTAGES, THIRD-PARTY SERVICE INTERRUPTIONS, INCORRECT RECIPIENT INFORMATION, AND FORCE MAJEURE EVENTS. CUSTOMERS SHOULD NOT RELY ON FAILSAFE.APP AS THE SOLE MEANS OF TRANSMITTING CRITICAL INFORMATION.9.4 Failsafe.app does not assume any liability for damages resulting from the customer's use of the Service in a manner other than its intended use, or in a manner not in accordance with Failsafe.app's instructions.9.5 Failsafe.app does not assume any liability for disturbances, limitations, interruptions, or disruptions of the Service caused by circumstances beyond Failsafe.app's reasonable control.9.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAILSAFE.APP'S TOTAL CUMULATIVE LIABILITY TO THE CUSTOMER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY THE CUSTOMER TO FAILSAFE.APP IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).9.7 IN NO EVENT SHALL FAILSAFE.APP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR FAILURE TO DELIVER SWITCH CONTENT TO RECIPIENTS, EVEN IF FAILSAFE.APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.9.8 The Service is targeted at an availability of at least 99.5% of the annual mean. Availability may be affected by circumstances outside Failsafe.app's control, including acts of third parties, technical conditions of third-party providers (including but not limited to Stripe and AWS), technical conditions of the internet that Failsafe.app cannot influence, or force majeure. Such circumstances shall not affect the contractual conformity of the services provided by Failsafe.app.9.9 Any claims for damages arising from slight negligence by Failsafe.app shall become time-barred within one year after the customer becomes aware of the damage and the circumstances giving rise to such claim. All other claims for damages shall become time-barred within the statutory period under applicable law.
10. Misuse
10.1 The customer must not misuse Failsafe.app Services by knowingly introducing viruses, trojans, worms, malware, or other malicious or technologically harmful material. The customer must not attempt to gain unauthorized access to Failsafe.app Services, its servers, or any server, computer, or database connected to the Service. The customer must not attack the Service via a denial-of-service attack or a distributed denial-of-service attack.10.2 Should the customer's usage of Failsafe.app create an overload beyond reasonable use, Failsafe.app has the right to block access to the Service until such overload has been rectified. Failsafe.app will normally notify the customer of any such blocking. Failsafe.app's other legal and contractual rights shall remain unaffected.10.3 The customer must not use Failsafe.app to store, distribute, or transmit content that is illegal, defamatory, harassing, or that violates the rights of any third party.
11. Data Protection
11.1 The customer is obligated to comply with applicable data protection law when using the Failsafe.app Services, including, if applicable, the US Children's Online Privacy Protection Act ("COPPA").11.2 Failsafe.app processes the customer's personal data only for specific purposes and pursuant to applicable statutory provisions.11.3 Failsafe.app may use analytics and tracking to store and analyze the customer's interaction with the Website for the purposes of improving the Service. Failsafe.app may also store monitoring and statistical data about the customer's use of the Service. This data may be published by Failsafe.app only in anonymized form.11.4 The customer has the right to receive information on the personal data stored by Failsafe.app, free of charge. The customer also has the right to request correction of inaccurate data and deletion of personal data, provided this does not contradict any legal retention obligation.11.5 More information about data protection, how data is collected and used, is available in the Failsafe.app Privacy Policy at https://www.failsafe.app/privacy-policy/
12. Final Provisions
12.1 Place of performance and exclusive place of jurisdiction for all disputes between the parties shall be Pennsylvania, U.S.A. Pennsylvania, U.S.A. shall also be the exclusive place of jurisdiction if the customer does not have a general place of jurisdiction in Pennsylvania, if the customer moves their domicile out of Pennsylvania after concluding the contract, or if the customer's domicile is unknown at the time a lawsuit is filed.12.2 Any modifications or amendments to these Terms and Conditions must be made in writing (email is sufficient). This also applies to any waiver of the written form requirement.12.3 If any provision of these Terms of Service or part thereof is or becomes invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that as closely as possible reflects the economic purpose of the invalid provision. The foregoing shall apply analogously if any provision has inadvertently been omitted.12.4 Unless expressly agreed otherwise, the legal relationship between Failsafe.app and the customer shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to its conflict of law principles.
