Terms of Use

The short version

These terms cover your use of this website. They do not cover SafeIT's managed IT services: those are governed by the Master Services Agreement (MSA) a member signs. The site is built for businesses. Use it for that, don't misuse it, and read what we publish as general information rather than advice for your plant. If you have a question about these terms, contact us.

1. Who we are

SafeIT is a business of Kearns Technology Inc. ("KTI"), a company incorporated in Ontario, Canada, with its head office at 1655 Dupont St., Suite 101, Toronto, ON M6P 3T1, Canada. [VERIFY: confirm the legal entity, jurisdiction of incorporation and the address as it should appear for SafeIT] In these terms, "SafeIT", "we", "us" and "our" mean Kearns Technology Inc. operating as SafeIT. "You" means the person using the site and, where you use it for work, the organization you act for.

2. Accepting these terms

By using this website (the "Site") you agree to these terms. If you use the Site on behalf of an organization, you confirm you are allowed to accept them for it. If you don't agree, please don't use the Site.

Our Privacy Policy explains how we handle personal information and forms part of these terms.

3. Who the Site is for

The Site is aimed at businesses, in particular manufacturers and food and beverage processors, in Canada, the United States, the United Kingdom, Germany and elsewhere. It is not intended for consumers or for anyone under 18.

Nothing in these terms takes away rights you have under laws that cannot be excluded by contract, including consumer protection laws where they apply to you.

4. What the Site is, and what it is not

The Site describes our services, our membership model and the partners we work with. It is general information.

• It is not an offer. Service descriptions, prices, membership tiers and benefits shown on the Site are not a binding offer. The services we provide, and what we commit to, are set out in a signed MSA and its schedules. If the Site and your MSA differ, the MSA wins.
• It is not professional advice. Articles, guides, checklists, training material and other resources are general information. They are not legal, regulatory, insurance, engineering, health and safety or compliance advice for your situation. Get advice that fits your plant, your jurisdiction and your obligations before you rely on anything here.
• It may change. We update the Site as our services develop. Content can be out of date when you read it.

5. Cork cyber warranty coverage

Where the Site describes the cyber warranty coverage provided through Cork Inc. ("Cork"), that description is a summary. Coverage is included with SafeIT membership, but it is not active when you sign. It activates once onboarding has brought your environment up to Cork's required security baseline, and it continues only while that baseline is maintained. Coverage limits, payout terms, exclusions and conditions are set by Cork's warranty terms and your MSA, not by the Site. Figures shown on the Site are indicative and subject to those terms. [VERIFY: confirm current Cork warranty tiers, payout terms, baseline and cure-period wording against KTI's Cork agreement] [LEGAL REVIEW]

6. Security services and partners

SafeIT delivers some services through specialist partners. Security operations are provided at arm's length by our security operations partner, Cyrebro. Backup and disaster recovery, procurement and other services may also involve third-party providers. Who delivers what, and on what terms, is set out in your MSA. Naming a partner on the Site does not make that partner a party to these terms.

7. Incident guidance

The Site includes guidance on what to do in the first minutes of a suspected incident. It is general guidance to reduce harm while you get help. It does not replace your own incident response plan, the instructions of your insurer, legal counsel or law enforcement, or the direct advice of our support team. If production has stopped or you suspect an incident, call us on (+1) 866 853 2767.

8. Resources and templates

Some resources, such as policy templates and checklists, are offered for download. Unless a resource says otherwise, you may use, copy and adapt it for your own organization's internal use. You may not sell it, republish it as your own product, or remove our notices from it.

Templates are starting points, not finished documents. Employment, privacy and workplace laws differ across Canada, the United States, the United Kingdom and Germany, and within them. In Germany in particular, some policies may require works-council consultation before they are introduced. Have templates reviewed for your jurisdiction before you adopt them.

9. Member accounts

Members and invited staff can sign in to a members area. Sign-in uses a one-time link sent to your email address.

• Keep access to your email account secure. Anyone who can read your inbox can sign in as you.
• Only use an account that was issued to you, and tell us promptly if you think someone else has used it.
• Member-only content is for your organization's internal use. Please don't share it outside your organization.
• We may suspend or close an account to protect the Site, other members or our systems, or when the membership that account belongs to ends.

Your use of the members area as a client is also governed by your MSA.

10. What you send us

When you fill in a form, book an assessment or contact us, please give accurate information and only include what we need to respond. Don't send passwords, credentials, full network details or other sensitive security information through the Site's forms. We will ask for what we need through a secure channel.

If you send us ideas or feedback about the Site or our services, we may use them without any obligation to you.

11. Acceptable use

When using the Site, you must not:

• break any law, or help anyone else do so;
• try to gain access to any part of the Site, its servers or its data that you are not authorized to access;
• probe, scan or test the Site for vulnerabilities, unless we have agreed to it in writing (see below);
• interfere with the Site's operation, including through malware, denial-of-service activity or excessive automated requests;
• get around the Site's bot protection or other security controls;
• scrape or bulk-copy the Site's content, except by search engines and similar indexing services that respect our robots.txt;
• pretend to be someone else, or misrepresent your connection with any organization;
• use the Site to send spam or unsolicited marketing.

If you believe you have found a security vulnerability in the Site, please tell us through the contact page and don't publicize it until we have had a reasonable chance to fix it. [VERIFY: confirm whether KTI has a vulnerability disclosure contact or policy to reference here]

12. Intellectual property

We, or our licensors, own the Site and its content: text, design, graphics, logos, software and downloadable materials. Apart from the uses allowed in these terms, you may not copy, change, distribute or create works from it without our written permission. You may link to public pages of the Site, as long as you don't suggest an endorsement or relationship that doesn't exist.

SafeIT, the SafeIT shield logo and "Powered by KTI" are trademarks of Kearns Technology Inc. [VERIFY: confirm trademark status, registered or unregistered, before using ® or ™] Other names and logos on the Site, including those of our partners, belong to their owners and are used to identify them.

13. Links and third-party services

The Site links to websites and services we don't control, including partner sites. We are not responsible for their content, availability or privacy practices. A link is not an endorsement of anything beyond what we say about it.

14. Availability

We work to keep the Site available and secure, but we don't promise that it will be uninterrupted, error-free or free of harmful components. We may change, suspend or withdraw any part of it at any time. For urgent support, members should use the support line rather than the Site.

15. Disclaimer

To the fullest extent the law allows, the Site and its content are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. This section does not affect any warranty or commitment set out in a signed MSA. [LEGAL REVIEW]

16. Limitation of liability

To the fullest extent the law allows, we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, production, data or goodwill, arising from your use of the Site or reliance on its content, even if we were told such loss was possible. Where we are liable in connection with the Site, our total liability is limited to CAD $100. [LEGAL REVIEW: confirm the cap and its currency]

Nothing in these terms limits or excludes liability that cannot be limited or excluded by law. That includes liability for fraud, for death or personal injury caused by negligence, and, where German law applies, liability for intent, gross negligence, injury to life, body or health, and under the Product Liability Act (Produkthaftungsgesetz). [LEGAL REVIEW: confirm the carve-outs needed for the UK and Germany]

Your use of our services is subject to the liability terms of your MSA, not this section.

17. Indemnity

If you use the Site for a business, you agree to compensate us for reasonable losses and costs, including reasonable legal fees, arising from your breach of these terms or your misuse of the Site. [LEGAL REVIEW]

18. Governing law and disputes

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The courts of Ontario, sitting in Toronto, have exclusive jurisdiction over disputes about the Site or these terms. [LEGAL REVIEW: confirm governing law and forum for users in the US, UK and Germany]

If you are a consumer, this does not take away the protection of mandatory laws of the country where you live, or your right to bring proceedings there.

19. General

If any part of these terms is found unenforceable, the rest stays in effect. If we don't enforce a term straight away, we can still enforce it later. You may not transfer your rights under these terms; we may transfer ours as part of a reorganization or sale of our business. These terms, with the Privacy Policy, are the whole agreement between us about the Site. Your MSA governs our services.

20. Changes to these terms

We may update these terms from time to time. The effective date at the top of this page shows when they last changed. If a change is significant, we will say so on the Site. Continuing to use the Site after a change means you accept the updated terms.

21. Contact

Questions about these terms: use the contact page or write to us at Kearns Technology Inc. (SafeIT), 1655 Dupont St., Suite 101, Toronto, ON M6P 3T1, Canada.