Legal
EverSafe Pro — Terms and Conditions
Important information for our users: These Terms and Conditions form a legally binding contract between you and EverSafe Pro. They outline what we promise, what we expect from you, and how our liability is limited under New Zealand law. Please read them carefully before accessing our Service.
1. Acceptance of Terms & Account Structure
By accessing or using the EverSafe Pro website, Progressive Web App (PWA), QR profile system, hardware products, or related services (together, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the Service.
- Account Admin: The primary account holder who registers, manages permissions, and pays for the Service.
- Authorised User: Any family member, caregiver, friend, or authorised representative given access to the Service by the Account Admin.
- Binding Agreement: Each Authorised User who accesses the Service is bound by these Terms upon their first login. The Account Admin warrants that they have full authority to invite and authorise each Authorised User connected to their account.
2. Nature of the Service
EverSafe Pro provides informational and risk-reduction tools designed to assist with scam awareness, message review, identity and emergency profile management, and related safety products.
Crucial Disclaimer: The Service is an informational and educational service only. Nothing contained within the Service constitutes legal advice, financial advice, investment advice, medical advice, cybersecurity advice, or emergency-response advice.
The Service may use automated systems, rules-based logic, human review, or a combination of these elements to provide alerts, summaries, flags, labels, or risk indicators.
3. CFE Credential and No ACFE Endorsement
EverSafe Pro is founded and overseen by a Certified Fraud Examiner (CFE). Reference to that credential describes the founder's professional background and forensic methodology only.
It does not mean that the Service is a regulated professional advisory service, that any output is licensed professional advice, or that the platform, software, algorithms, or assessments have been endorsed, certified, approved, reviewed, or audited by the Association of Certified Fraud Examiners (ACFE).
4. Scam Assessment Service
If you submit an email, text message, screenshot, link, attachment, or similar communication for review, EverSafe Pro may provide a risk assessment, warning label, summary, or recommendation.
Probabilistic Indicators: Any output provided by EverSafe Pro is a probabilistic risk indicator only. Phrases such as "high risk", "be cautious", or "no significant scam indicators detected" are not statements of fact and are not guarantees of safety, legitimacy, authenticity, or final outcome.
User Responsibility: You remain solely responsible for deciding whether to reply, click, call, disclose information, send money, continue contact, block a sender, report a communication, or take any other action. The Service is intended to support, not replace, your own judgment and independent verification.
Limitation: Without limiting any rights that cannot lawfully be excluded under New Zealand law, EverSafe Pro is not responsible for losses arising because you acted, or chose not to act, in reliance on a scam assessment or because a scam was not detected.
5. ICE QR Profiles and Emergency Information
EverSafe Pro may allow you to create a QR-linked In-Case-of-Emergency ("ICE") profile containing emergency contacts, medical information, allergies, medications, conditions, notes, and other personal information.
Convenience Tool Only: The ICE QR service is a convenience tool only. It is not a substitute for official medical records, hospital records, ambulance systems, clinical advice, government identification, or emergency services processes.
No Access Guarantee: EverSafe Pro does not guarantee that an emergency responder, hospital, caregiver, family member, or any third party will scan the QR code, have active internet access, be able to access the profile, or rely on and act upon the information shown.
Data Integrity: You are solely responsible for ensuring that all information in your ICE profile is accurate, current, complete, and appropriate for sharing. You must verify your live profile immediately after making changes and periodically thereafter by scanning your physical QR code.
Liability Limit: Without limiting any rights that cannot lawfully be excluded, EverSafe Pro is not liable for consequences arising from inaccurate, incomplete, outdated, unavailable, inaccessible, or misunderstood emergency profile information, except to the extent caused by EverSafe Pro's failure to provide the Service with reasonable care and skill where the Consumer Guarantees Act 1993 applies.
6. Subscription Plans, Fees, and Renewals
EverSafe Pro offers annual subscription plans billed in advance. Current fixed pricing is:
| Plan type | Annual fee (invoiced in advance) | Inclusion details |
|---|---|---|
| Single Plan | NZD $347.00 per year (including GST) | Valid for one primary user profile. |
| Couples Plan | NZD $397.00 per year (including GST) | Valid for two named users connected to the same household/relationship unit. |
User Verification: For the Couples plan, EverSafe Pro may require the Account Admin to nominate the intended users and reserves the right to limit the account to the permitted number of active users.
Authorisation: By subscribing, you authorise EverSafe Pro to charge the payment method provided at the start of each annual billing period unless you cancel before the renewal date.
Price Adjustments: EverSafe Pro may change pricing for future billing periods by giving reasonable advance notice. Any price change will apply only to future renewals and never to a period already paid for.
7. Promotions and Loyalty Rewards
Any promotion, discount, or loyalty reward offered by EverSafe Pro, including our "4th Year Free" offer, is subject to the specific terms published with that offer at the time it is made.
Unless expressly stated otherwise in the offer terms, a loyalty reward requires continuous, uninterrupted, and fully paid subscription coverage for the qualifying period. If a subscription is cancelled, refunded, suspended for non-payment, or otherwise interrupted at any stage, eligibility for that reward is lost and the loyalty cycle resets. EverSafe Pro may amend or withdraw promotions for future customers or future billing periods, provided this does not affect a reward already validly earned under the published offer terms.
8. Cancellations and Refunds
You may cancel your subscription at any time through the available account process in your Admin Panel or by contacting EverSafe Pro directly.
Cancellation Timeline: If you cancel, your subscription will remain active until the end of the current paid annual period.
30-Day Money-Back Guarantee: EverSafe Pro offers a strict 30-day money-back guarantee on new annual service subscriptions, calculated from the initial date of purchase, provided the request is made within 30 days of that purchase. This guarantee does not automatically apply to renewal payments, upgrade charges, or hardware purchases.
Finality: After the initial 30-day window for an eligible new subscription, all fees are non-refundable and no pro-rata credits will be provided for early termination, except where required by law.
Statutory Rights Preserved: Nothing in this clause limits or excludes any rights you may have under the Consumer Guarantees Act 1993 or any other New Zealand law that cannot be excluded. Consumer rights relating to faulty goods, misdescribed goods, or services not carried out with reasonable care and skill continue to apply fully.
9. Physical Hardware Products
Any physical hardware sold by EverSafe Pro, including RFID-blocking wallets, sleeves, cards, tags, tablets, or accessories, is a separate purchase transaction from the digital subscription unless expressly stated otherwise in writing.
Supplementary Tools: RFID-blocking and similar hardware products are supplementary protective tools only. EverSafe Pro does not guarantee that any such product will prevent all scanning, theft, electronic interference, misuse, or asset loss in every circumstance.
Product Care: You must use hardware in accordance with any instructions provided and inspect it regularly for wear or damage. Normal wear and tear, misuse, accidental damage, loss, theft, and damage occurring after delivery are your sole responsibility, subject always to non-excludable consumer rights.
Hardware Remedies: Hardware refund and remedy rights are subject to applicable New Zealand consumer law, including rights relating to faulty or misdescribed goods where those statutory rights apply.
10. User Content and Responsibility
You retain ownership and responsibility for all information, files, messages, screenshots, links, contact details, medical details, profile information, and other material you upload, submit, store, or share through the Service ("User Content").
You warrant that you have the legal right to submit that User Content and that doing so does not breach any law, privacy obligation, duty of confidentiality, or third-party right. EverSafe Pro does not routinely verify the accuracy, legality, ownership, completeness, or suitability of User Content.
11. Privacy and Data Security
EverSafe Pro will handle personal information in accordance with its Privacy Policy and applicable New Zealand privacy law, including the Privacy Act 2020. New Zealand privacy law requires agencies holding personal information to protect it with reasonable security safeguards.
Security Standards: EverSafe Pro implements reasonable technical and organisational safeguards designed to protect personal information against loss, unauthorised access, misuse, modification, or disclosure. However, no method of digital storage, transmission, or electronic security is completely secure.
Third-Party Infrastructure: EverSafe Pro utilises highly reputable third-party infrastructure, hosting, storage, analytics, communications, and payment providers (including Supabase and Vercel) in delivering the Service. EverSafe Pro remains responsible for complying with its legal obligations, but is not liable for losses arising solely from third-party infrastructure outages, widespread telecommunications failures, or criminal attacks entirely beyond its reasonable control, except to the extent liability cannot lawfully be excluded.
12. Account Administration and Authorised Users
The Account Admin is solely responsible for managing access permissions, roles, and invitations for all Authorised Users connected to the account.
The Account Admin must ensure that all Authorised Users are aware of and comply with these Terms. EverSafe Pro may suspend or remove any Authorised User who breaches these Terms, misuses the Service, or creates an immediate security or legal risk. Where a breach is caused by an Authorised User, EverSafe Pro may hold the Account Admin responsible to the extent the breach arose from the access granted through that account or from the Account Admin's failure to properly manage authorised access.
13. Service Availability
The Service is provided on an "as-available" basis. EverSafe Pro does not guarantee uninterrupted availability, real-time review, instant updates, permanent accessibility of stored information, or error-free operation. Scheduled maintenance, security responses, critical software updates, third-party outages, and broader internet disruptions may occasionally affect availability.
14. Acceptable Use
You must not, under any circumstances:
- Use the Service for unlawful, abusive, harmful, misleading, malicious, or fraudulent purposes;
- Upload malicious code, viruses, malware, spam, or content intended to interfere with the performance of the Service;
- Attempt to probe, scan, scrape, reverse engineer, decompile, copy, disassemble, or circumvent any security or analytical part of the Service, except to the extent that restriction is expressly prohibited by law;
- Use the Service to impersonate another person or make binding decisions for another person without appropriate legal authority; or
- Use the Service in any way that could damage, disable, overload, or impair the platform or related infrastructure networks.
15. Intellectual Property
All rights, title, and interest in the Service, including software, branding, code, website content, visual design, PWA layouts, workflows, models, detection methodologies, text, graphics, and underlying systems, remain the exclusive property of EverSafe Pro or its licensors.
Except as strictly necessary to use the Service for its intended purpose, no part of the Service may be copied, adapted, reproduced, distributed, republished, sold, licensed, or commercially exploited without prior written consent.
16. Suspension and Termination
EverSafe Pro may suspend, restrict, or terminate access to all or part of the Service where it reasonably believes this is necessary because of:
- A material breach of these Terms;
- Suspected fraud, unlawful conduct, abuse, or security risk;
- Non-payment of annual fees;
- An urgent legal or regulatory requirement; or
- Protection of the Service, our integrity, other users, or third parties.
Where reasonably practicable, advance notice will be given before suspension or termination. Immediate suspension may occur without notice where urgent action is reasonably necessary for security or fraud mitigation. Termination does not affect any accrued rights, payment obligations, or clauses intended to survive termination.
17. Limitation of Liability and Statutory Rights
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other law that cannot lawfully be excluded.
To the maximum extent permitted by law, and subject always to your preserved statutory consumer rights:
- EverSafe Pro excludes liability for indirect loss, consequential loss, loss of profit, loss of revenue, loss of business opportunity, loss of anticipated savings, and loss of goodwill;
- EverSafe Pro excludes liability for loss arising from third-party services, internet outages, telecommunications failures, user device failures, or events beyond its reasonable control; and
- Liability Cap: EverSafe Pro's total aggregate liability arising out of or in connection with the Service, whether in contract, tort (including negligence), equity, statute, or otherwise, is strictly limited to the greater of: (a) the total amount paid by you to EverSafe Pro for the affected Service in the 12 months before the event giving rise to the claim; or (b) NZD $347.00.
Nothing in this clause limits liability to the extent such limitation is prohibited by law, including liability arising from intentional misleading or deceptive conduct, or from failure to meet statutory guarantees that cannot be excluded under the Consumer Guarantees Act.
18. Indemnity
To the maximum extent permitted by law, you indemnify EverSafe Pro and its directors, officers, employees, and contractors against third-party claims, losses, costs, and expenses, including reasonable legal costs, arising from:
- Your breach of these Terms;
- Your unlawful use of the Service; or
- Your infringement of any third-party right through User Content.
This clause does not require you to indemnify EverSafe Pro for EverSafe Pro's own fraud, wilful misconduct, or any matter for which indemnity is strictly prohibited by law.
19. Force Majeure
EverSafe Pro is not responsible for any delay or failure to perform to the extent caused by events beyond its reasonable control, including natural disasters, acts of God, war, civil unrest, industrial disputes, infrastructure failure, global or regional telecommunications outages, widespread cyber incidents, acts of government, or failures of third-party hosting or network providers.
20. Governing Law & Dispute Resolution
These Terms are governed by the laws of New Zealand. Any dispute arising out of or in connection with these Terms or the Service will be subject to the non-exclusive jurisdiction of the courts and tribunals of New Zealand (including the New Zealand Disputes Tribunal), unless applicable law requires otherwise.
21. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remainder of the Terms will continue in full force and effect.
22. Changes to These Terms
EverSafe Pro may update these Terms from time to time. Updated Terms will apply from the date they are published or from a later date stated in the updated Terms. If a change materially reduces your rights or materially increases your obligations, EverSafe Pro will take reasonable steps to bring that change to your attention (such as via an in-app notice or email update) before it takes effect.
23. Contact Details
Questions or concerns regarding these Terms should be directed to EverSafe Pro using the formal contact channels published on our primary website or application portal.