Safe API Terms
Last updated: February, 2026
These general terms and conditions (“Terms”) shall apply to all, including future, services of Safe Labs GmbH, a German limited liability company registered with the commercial register of Berlin Charlottenburg under company number HRB 270980 B, with its registered office at Unter den Linden 10, 10117 Berlin (“Safe Labs”) in connection with the provision of certain application programming interfaces.
OVERVIEW
1. BASIC PROVISIONS & DEFINITIONS
13. THIRD PARTY RIGHTS & INDEMNIFICATION
1. BASIC PROVISIONS & DEFINITIONS
1.1. SAFE{WALLET}® is a web application for the non-custodial management of digital assets (“SAFE{WALLET}®”). Users (“End-Users”) access their digital assets on the Ethereum blockchain or other supported Layer 1 or Layer 2 blockchain networks based on the Ethereum Virtual Machine (“EVM chains”) directly or via third-party web applications (“Safe Apps”) as well as via other third-party services provided (all jointly referred to as “Third-Party Services”).
1.2. To engage with SAFE{WALLET}® or similar services, End-Users require a certain modular, self-custodial (i.e. not supervised by Safe Labs) smart contract-based multi-signature account as developed and published as open source code by the Safe Ecosystem Foundation, Switzerland (“SEF”), deployed on such EVM chains (“Safe Account”).
1.3. The API is a service hosted by Safe Labs available via REST that offers certain services related to Safe Accounts that also underpin SAFE{WALLET}®. The API offers a REST API to track transactions sent via the Safe Accounts. It also provides endpoints to send transactions, allow off-chain collecting of signatures, or informing the owners about a pending transaction to be sent to the EVM chain. The specific functionality, services and/or features available via the API are documented and updated from time to time in the API documentation available at https://docs.safe.global/ (“API”).
1.4. SAFE{CORE}® and SAFE{WALLET}®, and the Safe logos are trademarks or registered trademarks of Safe Ecosystem Foundation (the “Safe Trademarks”).
1.5. Safe Accounts are not provided by Safe Labs. SAFE{WALLET}® is one but not the only means of accessing a Safe Account. Any transaction in the Safe Account must be signed by a minimum number of signing wallets (“Signer Wallet”), also not provided by Safe Labs .
2. SCOPE OF APPLICABILITY
2.1. These Terms shall apply to the relationship between Safe Labs and any entity ("Developer") signing up via https://developer.safe.global. If the Developer accesses or uses the API on behalf of a legal entity, the Developer represents and warrants that it has the authority to bind such entity to these Terms. In such cases, acceptance of the Terms shall be deemed acceptance on behalf of that entity, and all references to the "Developer" shall refer to that entity.
2.2. Safe Labs provides the Developer access to the API without promoting, mediating, or otherwise assuming warranty or responsibility for the operation of the Developers own use case of the API, its services provided that make use of the API and/or Third-Party Services related thereto (“Developer Services”).
2.3. Safe Labs is not liable in the event of a breach of contract, damage or loss related to the use of the Developer Services, Safe App or Third-Party Services by End-Users. All transactions executed on or via the Developer Services, Safe App or Third-Party Services are considered unsolicited by Safe Labs meaning they are exclusively initiated by the Developer or End-User.
2.4. Safe Labs does not provide investment advice and does not conduct a suitability review of these transactions for the Developer or End-User.
3. CONCLUSION OF CONTRACT
3.1. By signing up and accepting these Terms, the Developer makes a binding offer to enter into a contractual relationship. The contract is concluded with the completion of the sign up process with the incorporation of these Terms, at the latest once Safe Labs proceeds to share the credentials that allow the Developer to make requests to the API (“API Credentials”). The submitted sign up form and these Terms together hereinafter referred to as the “Agreement”. Developer and Safe Labs are each also referred to as “Party” or jointly as “Parties”.
3.2. For the avoidance of doubt, this Agreement is exclusively concluded with Safe Labs. Through this Agreement of the use of our Services, no contractual relationship whatsoever is concluded with Core Contributors GmbH. Further, please note that Safe Labs is not a legal successor of Core Contributors GmbH and does not assume any liability or responsibility for Core Contributors GmbH.
3.3. In case of conflict, the Terms shall take precedence over the submitted form.
3.4. Conflicting or additional contractual conditions of the Developer shall only apply if Safe Labs expressly confirms them in writing.
3.5. The Developer may not use the API and may not accept these Terms if
3.5.1. the Developer is not of legal age to form a binding contract with Safe Labs, or
3.5.2. the Developer is prohibited from using or accessing the API under the laws of the jurisdiction in which the Developer resides or from which the Developer accesses the API.
4. ACCESS
4.1. Subject of this Agreement is the provision of the API by Safe Labs for the Developer’s use for the term of this Agreement. Access to and use of the API requires the Developer to register for an API client key through a Developer account.
4.2. Unless otherwise stated in these Terms:
4.2.1. the Developer must keep all API credentials and associated login information secure and confidential,
4.2.2. the Developer may not share API credentials with any third party, and
4.2.3. the Developer may only access the API using the credentials issued in accordance with these Terms.
4.3. Safe Labs may suspend Developer’s access to or use of the API if
Safe Labs reasonably suspects such access or use poses a security risk to or may otherwise unduly and adversely impact the API, including without limitation Safe Lab’s technical infrastructure or other Developers’ data or API use;
Safe Labs is required to do so under any mandatory applicable laws, or any court’s or governmental body’s order,
Safe Labs reasonably suspects any breach of contract by the Developer.
Safe Labs shall limit the suspension in time and scope as reasonably possible under the circumstances. Unless prohibited under the applicable laws and if reasonable under the circumstances (as determined by Safe Labs in its own discretion), Safe Labs shall notify Developer prior to such suspension, and give Developer an opportunity to take steps to avoid any such suspension. Any suspension of Developer’s right to access or use the API shall not release Developer from any of its obligations under this Agreement. For the avoidance of doubt, Safe Lab’s suspension rights are in addition to any other rights and remedies Safe Labs may have under this Agreement or any applicable laws.
4.4. Access to certain endpoints of the API may require a separate written agreement between the Developer and Safe Labs.
4.5. Certain license plans are provided for free (“Free API Services”). Free API Services are solely intended for evaluation and testing purposes and not for productive use. Free API Services are provided “AS IS”, without warranty, liability, indemnity, support, or other commitments except for gross negligence, wilful misconduct or deception or fraudulent misrepresentation. Sections 5.2, 16 and 17 do not apply to Free API Services, except that Safe Labs remains liable without limitation for culpable injury to life, body or health and for claims under the German Product Liability Act (Produkthaftungsgesetz).
5. LICENSE
5.1. Subject to the provisions and for the term of this Agreement, Safe Labs grants the Developer a worldwide, non-perpetual, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to use and make calls to the API solely in connection with developing, implementing and distributing the Developer Services that interoperates or integrates with the API, and solely in the manner described in the Terms and in the technical documentation contained in the API.
5.1.1. In particular the license granted herein and the Developer’s use of the API is subject to the conditions and limitations set out in the applicable documentation. For example, rate limits and monthly API call quotas may apply and the usage may be limited to non-production use only, depending on the license plan.
5.1.2. If a rate limitation is exceeded, further requests will be throttled. If a monthly quota is exceeded, further requests will be blocked. Unless explicitly agreed or set out in the Fee Schedule, there are no automatic overages or automatic plan / tier upgrades.
5.2. Safe Labs warrants that the API will perform substantially in accordance with the features and functionalities as described in the documentation.
Safe Labs will remedy a fault by methods and means of its own choice. Remedies also include any reasonable workarounds made available to the Developer. The Developer shall without undue delay notify Safe Labs of any fault by providing a detailed report describing the fault and the circumstances of its occurrence. If Safe Labs has not rectified the fault even after a reasonable grace period set by the Developer in writing, and if the suitability of the API is significantly reduced as a result, the Developer shall be entitled to terminate the Agreement in writing. The right to claim further damages within the scope of the agreed limitation of liability shall remain unaffected. At Safe Labs’ request, the Developer shall be obliged to declare within a reasonable period of time whether it will terminate the Agreement or insist on the continued contractual performance. Section 536a Subsection 2 BGB (right to self-correct defects and reimbursement of expenses) shall be excluded. Further warranty claims of the Developer shall be excluded.
If, contrary to Developer’s fault report, there is actually no fault for which Safe Labs is responsible, Developer shall bear the costs incurred by Safe Labs in verifying the reported defect if Developer knew or, as a result of negligence, did not know that there was actually no defect for which Safe Labs was responsible.
5.3. The Parties acknowledge and agree that the exact features of the API as provided to Developer are subject to change, provided the change does not result in an overall material decrease of the API functionality or quality. Before implementing such changes, Safe Labs will consider and weigh the legitimate interests of Developer and, wherever possible and economically feasible, inform Developer in advance with a sufficient notice period of material changes to the API. In case that such amendments require adaptations on the side of the Developer, the Developer will have to carry out these adaptations if ongoing use of the API is intended. If a material decrease of functionality or quality occurs, and Developer is materially impacted in its use of the API by such decrease, Developer may terminate the Agreement in accordance with Section 22.
5.4. Due to the performance of necessary maintenance works and improvements, it is possible that the API or features thereof may be unavailable for short periods of time. When scheduling such maintenance works, Safe Labs will take Developer’s reasonable interests into account, in particular, by way of communicating such maintenance works duly in advance. In addition Safe Labs may also interrupt operation of the API in the event of an emergency. These include, in particular, security related downtimes (e.g. installation of security patches or bug fixes that are necessary to maintain proper and secure operations and require immediate implementation).
5.5. All maintenance shall be carried out in such a way that disruptions to the Developer’s operations are kept to a minimum.
5.6. Downtimes due to planned and announced maintenance and emergency maintenance downtimes are not to be deemed non-availability.
5.7. Safe Labs may subcontract its obligations under the Agreement. Safe Labs shall remain fully responsible for any and all such subcontracted obligations, and for the acts and omissions of its subcontractors.
5.8. Safe Labs does not review the content or performance of the Developer Service, does not endorse or recommend any application, and shall not be liable for any damages arising from its use.
5.9. Certain components, libraries, or packages used by or included in the API may be licensed under open source software licenses (“Open Source Components”). To the extent that any such license expressly supersedes these Terms, the Developer’s use, reproduction, or distribution of the applicable Open Source Component is governed by the terms of that open source license and not this section or these Terms.
6. RESTRICTIONS
6.1. When using the API, the Developer shall (and shall ensure that its employees, agents, and service providers shall): 6.1.1. use the API solely to develop and operate Developer Services which are applications or content for the Developers own use or for use by authorized users;
6.1.2. restrict disclosure of API credentials, or any part thereof, solely to its agents, employees, or service providers who require access in order to use, maintain, implement, correct, or update the Developer Service in accordance with these Terms, and who are bound by confidentiality obligations that are at least as protective as those set forth herein;
6.1.3. not distribute, sell, lease, rent, lend, transfer, assign, or sublicense any rights granted under this Agreement to any third party;
6.1.4. not use or access the API or associated services for the purpose of monitoring availability, performance, or functionality of the API or such services, or for any benchmarking or competitive analysis;
6.1.5. not remove, obscure, or alter any copyright notices, proprietary markings, or confidentiality notices contained in or associated with the API;
6.1.6. not engage in any activity that interferes with, disrupts, harms, damages, or gains unauthorized access to any servers, systems, networks, data, or services of Safe Labs or any third party;
6.1.7. not circumvent any technological measures intended to prevent direct database access or develop or distribute tools designed for that purpose;
6.1.8. not modify, translate, reverse engineer, decompile, disassemble, reconstruct, copy, or create derivative works of the API, user data, service environments, or any component thereof, except as expressly permitted by applicable law;
6.1.9. not, except as expressly authorized by Safe Labs in writing, substantially replicate any product or service offered by Safe Labs or any Safe Labs affiliate, including the API itself. For the avoidance of doubt and subject to the foregoing, each party acknowledges that the other may independently develop and publish applications that may be similar to or compete with the other party’s applications, provided that all use of the API and associated data complies with these Terms and applicable confidentiality obligations.
6.1.10. use the API in a manner that places an excessive burden on Safe Labs' systems or infrastructure, or that distribute spyware, adware, or any software generally recognized as malicious, deceptive, or otherwise objectionable;
6.1.11. request, access, or retain more data than is strictly necessary for the Developer Service to provide its intended functionality, or any data that is outside the scope of permissions granted by the relevant user or account holder;
6.1.12. falsify or manipulate any unique identifier assigned to an application, or otherwise obscure, disguise, or misrepresent the origin of requests made to the API.
7. API LIMITS
7.1. Safe Labs may establish and enforce limitations on the Developer’s use of the API, including limitations on the number of requests made and the frequency of access. The limitations described at https://safe.global/api and/or https://docs.safe.global/core-api/api-pricing are applicable depending on the selected tier.
7.2. The Developer agrees to comply with all applicable usage limits and shall not attempt to circumvent or bypass such restrictions, whether technical or contractual in nature. If the Developer seeks to use the API in excess of applicable limits, prior written consent must be obtained from Safe Labs. Approval may be withheld or conditioned upon acceptance of additional terms and/or payment of applicable fees.
7.3. Requests for such approval may be submitted via the designated developer support or administrative portal provided by Safe Labs.
8. FEES
8.1. The fee schedule available at https://safe.global/api (the “Fee Sheet”) is applicable depending on the selected tier. For Scale tier Developers requiring usage above the published thresholds, pricing shall be agreed in a separate written Order Form which shall supplement and form part of this Agreement.
8.2. The service fees determined in the Fee Sheet plus the applicable value added tax shall be payable in Euros, within ten (10) business days following receipt of invoice by Developer to Safe Labs at the start of each calendar month, by the payment methods determined in the Fee Sheet, the invoice or during the checkout process.
8.3. The Developer may only retain monies due to Safe Labs or exercise a right of set off in respect of such sums if they relate to an undisputed claim by the Developer or to a claim awarded to the Developer by a final and binding court judgment.
8.4. If the Developer fails to pay fees or any other amounts payable within thirty (30) calendar days after their due date, Safe Labs shall be entitled, in addition to any other remedies available to Safe Labs, to suspend the Developer’s API access until the Developer has paid all outstanding amounts in full.
8.5. Safe Labs may reasonably adjust the fees by giving three months’ notice. An adjustment shall be deemed to be reasonable if the increase does not exceed 5% per year. If the Developer does not agree with a price adjustment, the Developer can terminate the Agreement within one month of receipt of the notification of change with a notice period of three months. If the Developer has terminated the Agreement in accordance with this provision, the original fee shall remain in effect until the termination becomes effective.
9. API SCOPE
9.1. Not in scope of the API
The API does not consist of:
activity regulated by the Federal Financial Supervisory Authority (BaFin) or any other regulatory agency in any jurisdiction;
coverage underwritten by any regulatory agency’s compensation scheme;
custody of your Safe Account, including recovery phrases, private keys, tokens or the ability to remove or freeze tokens, i.e. a Safe Account is a self-custodial wallet;
the storage or transmission of fiat currencies;
back-up services to recover your recovery phrase or private keys, for whose safekeeping the Developer or End-Users are solely responsible; Safe Labs has no means to recover access to tokens, when lost;
any form of legal, financial, investment, accounting, tax or other professional advice regarding transactions and their suitability;
the responsibility to monitor authorized transactions or to check the correctness or completeness of transactions before they are authorized by End-Users;
notifications about events occurring in or connection with your Safe Account;
recovery of your Safe Account;
flagging malicious transactions;
issuance of the Safe Token and any related functionalities or reward programs.
9.2. Third-Party Safe Apps and Third-Party Services
Safe Labs provides the Developer the possibility to interact with Third-Party Services (not provided by Safe Labs) that are accessed through or connected to the API, including Third-Party Safe Apps. Any activities the Developer engages in with, or services the Developer receives from a Third-Party Service are between the Developer and that third party directly. The conditions of service provisions, if any, shall be governed by the applicable contractual provisions between the Developer and the respective provider of the Third-Party Service. By using an interface, integrating or connecting Third-Party Services, the Developer authorizes the data exchange with the respective Third-Party Service provider.
The API relies in part on third-party and open-source software, including the Blockchain, and the continued development and support by third parties. There is no assurance or guarantee that those third parties will maintain their support of their software or that open-source software will continue to be maintained. This may have a material adverse effect on the API.
This means specifically:
Safe Labs does not have any oversight over the Developer’s activities with Third-Party Services especially by using Third-Party Safe Apps, and therefore Safe Labs does not and cannot make any representation regarding their appropriateness and suitability for the Developer.
Third-Party Safe Apps and Third-Party Services are not hosted, owned, controlled or maintained by Safe Labs. Safe Labs also does not participate in the transaction and will not and cannot monitor, verify, censor or edit the functioning or content of any Third-Party Safe Apps and Third-Party Services.
Safe Labs has not conducted any security audit, bug bounty or formal verification (whether internal or external) of the Third-Party Safe Apps and Third-Party Services.
Safe Labs has no control over, does not recommend, endorse, or otherwise take a position on the integrity, functioning of, content and the Developer’s use of Third-Party Safe Apps and Third-Party Services, whose sole responsibility lies with the person from whom such services or content originated.
When the Developer accesses or uses Third-Party Safe Apps and Third-Party Services, the Developer accepts that there are risks in doing so and that the Developer alone assumes any such risks when choosing to interact with them. Safe Labs is not liable for any errors or omissions or for any damages or loss the Developer might suffer through interacting with those Third-Party Safe Apps and Third-Party Services.
The Developer acknowledges the inherent risks of cryptographic and Blockchain-based systems and the high volatility of token markets. Transactions undertaken in the Blockchain are irrevocable and irreversible and there is no possibility to refund token that have been deployed.
The Developer should read the license requirements, terms and conditions as well as privacy policy of each Third-Party Safe App and Third-Party Service that the Developer accesses or uses. Certain Third-Party Safe Apps and Third-Party Services may involve complex transactions that entail a high degree of risk.
If the Developer contributes integrations to Third-Party Safe Apps and Third-Party Services, the Developer is responsible for all content it contributes, in any manner, and must have all rights necessary to do so, in the manner in which it contributes it. The Developer is responsible for all its activity in connection with any such Third-Party Safe Apps and Third-Party Services.
The Developer’s interactions with persons found on or through the Third-Party Safe Apps and Third-Party Services, including payment and delivery of goods and services, financial transactions, and any other terms associated with such dealings, are solely between the Developer and such persons. The Developer agrees that Safe Labs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between the Developer and the Third-Party Safe Apps or Third-Party Services provider or/and other users of the Third-Party Safe Apps or Third-Party Service, the Developer agrees that Safe Labs is under no obligation to become involved. In the event that the Developer has a dispute with one or more other users, the Developer releases Safe Labs, its officers, employees, agents, contractors and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the API.
9.3. Additional fees
The use of the API, Third-Party Safe Apps or Third-Party Services may cause additional fees, including network fees, as indicated in the respective app. Safe Labs has no control over the fees charged by the Third-Party Safe Apps or Third Party Services.
10. SECURITY
10.1. The Developer acknowledges and agrees that Safe Labs may monitor usage of the API in order to ensure performance, maintain security, improve Safe Labs's services, and verify the Developer’s compliance with these Terms. The Developer shall not interfere with or attempt to disable or circumvent any such monitoring. Safe Labs may employ any lawful technical means necessary to investigate or mitigate interference.
10.2. The Developer Service shall be hosted and executed on the Developer’s own infrastructure or third-party infrastructure under the Developer’s control, and not on systems operated by Safe Labs. The Developer is solely responsible for the security, maintenance, and proper configuration of its networks, servers, databases, routers, and all other components of its technical environment (collectively, the “Developer System”) used to operate the application and to process data received via the API.
10.3. The Developer System must be configured in accordance with current industry standards to ensure secure operation of the application and to prevent unauthorized access to or misuse of any data obtained through the API, including personal data.
10.4. To the extent any portion of the Developer System is outside the Developer’s direct control, the Developer shall exercise all reasonable influence and diligence to ensure such systems meet the security obligations set forth herein.
10.5. The Developer must promptly address any identified security vulnerability and shall immediately disconnect or remediate any known or suspected breach, intrusion, or unauthorized access to the Developer System or any data obtained from Safe Labs.
11. DEVELOPER UNDERTAKINGS
11.1. Developer warrants that it is not (i) subject to any economic or trade sanctions imposed by any government agency or listed on any prohibited or restricted party list or (ii) a citizen, resident, or organization located in a jurisdiction subject to comprehensive economic sanctions by, without being limited to the United Nations, the European Union and its Member States, the United States (in particular OFAC) and the United Kingdom.
11.2. Developer confirms that the Developer Services fully comply with all applicable laws (including sanctions and embargo laws) and regulations, and Developer will not use the API to conduct, promote, or facilitate any illegal activities.
12. IP RIGHTS
12.1. The Developer acknowledges and agrees that all right, title and interest whatsoever, in and to the API, the corresponding documentation, and any other materials provided, developed, derived, or made available by Safe Labs in the course of performance under the Agreement (“Safe Labs Material”), including all intellectual property rights therein are, and shall be, owned solely and exclusively by Safe Labs and/or Safe Lab’s licensors. For the avoidance of doubt, all improvements, innovations, customizations or enhancements to or derivatives of the Safe Labs Material, whether invented, conceived, produced, created or otherwise developed by Safe Labs or the Developer (or their employees, contractors or agents), whether jointly or severally, shall be owned solely and exclusively by Safe Labs. Nothing in this Agreement shall, or shall be deemed or construed to, assign, transfer or convey to the Developer any title, rights or interest in any intellectual property, including in or to the Safe Labs Material, other than the licenses or other rights specifically and expressly granted herein.
12.2. “Developer Data” means any content, materials and data, including personal data, that Developer submits, transfers or otherwise enters into API or derives from its use.
12.3. As between the parties, Developer is, and shall remain, the sole and exclusive owner of all Developer Data and the Developer Services, to the extent Developer Data and Developer Services do not include Safe Labs Material. Developer hereby grants Safe Labs a non-exclusive right to use Developer Data and Developer Services to perform its obligations under this Agreement, including without limitation to set up, operate, monitor, provide and support the API, and to provide operational and technical support.
13. THIRD PARTY RIGHTS & INDEMNIFICATION
13.1. Safe Labs warrants that, to its knowledge, the API is free from third-party intellectual property rights that would preclude or restrict their contractual use by the Developer.
13.2. If a third party asserts claims against Developer claiming that the API infringes on copyrights or intellectual property rights of the third party, Developer is obligated to inform Safe Labs immediately and comprehensively in writing.
13.3. If claims are made for infringement of intellectual property rights and the contractual use of the API is affected or prohibited, Safe Labs shall be obliged, at its discretion, either to (1) modify or replace the API in such a way that it no longer falls under the intellectual property rights, but nevertheless complies with the Agreement, or (2) obtain the right to use the API without restriction and at no additional cost in accordance with the Agreement, or (3) terminate this Agreement. Safe Labs may, at its own discretion, decide to defend the Developer against the asserted rights of third parties. If Safe Labs decides to take this course of action, the Developer shall grant Safe Labs the exclusive authority to defend or settle the asserted claim and provide Safe Labs with comprehensive information and reasonable support. Safe Labs will indemnify Developer against any third-party claim for damages and costs finally imposed by the competent court of law against Developer based on the API’s infringement of the copyrights or the intellectual property rights of such third party for which Safe Labs is responsible, such indemnification being subject to the limitation of liability pursuant to Section 16.
14. DEVELOPER INDEMNIFICATION
The Developer shall indemnify Safe Labs on first demand against all costs, expenses and damages incurred by Safe Labs due to the assertion of third-party claims arising from or in connection with the Developer’s use of the API. The Developer will cooperate to a reasonable extent in the defense of Safe Labs against such claims and support Safe Lab’s defense.
15. CONFIDENTIALITY
15.1. Both parties commit to maintaining the confidentiality of any non-public information from the other party that becomes known to them through their business relationship. They agree to use such information only for the performance of their obligations or the exercise of their rights pursuant to this Agreement.
15.2. Confidential information shall be kept secret and confidential and shall not be disclosed to anyone except, on a need-to-know basis, to affiliated companies and subcontractors, provided that such affiliated companies and subcontractors are subject to substantially similar obligations of confidentiality.
15.3. All documents provided by Safe Labs to the other Party or vice versa for the purposes of this contract remain the property of the disclosing party and must be returned upon request, along with all copies, reproductions, etc., or destroyed at the disclosing party's request.
15.4. The use of Safe Labs or SAFE{WALLET}® as a reference by the Developer requires prior explicit and written approval (email/chat is sufficient) by Safe Labs. The use of the Developer as a reference by Safe Labs requires prior explicit and written (email/chat is sufficient) approval by the Developer. Such approval is valid until revoked. Safe Labs and the other Party may revoke their respective approval at any time without adhering to a specific deadline and without stating reasons.
15.5. The obligations stated above survive the termination or expiration of this Agreement.
16. LIMITATION OF LIABILITY
16.1. Unless provided otherwise in Section 16.2 to 16.4, the strict liability for damages of Safe Labs for defects of the API already existing at the beginning of the term of this Agreement according to Section 536a, Subsection 1, Alternative 1 BGB is excluded. The source code and licenses of the API backend software are known to the Developer through the public resources listed on GitHub (https://github.com/safe-global/).
16.2. Safe Labs shall be liable without limitation for damage caused intentionally or by gross negligence. In addition, Safe Labs shall be liable without limitation in the case of a guarantee (Garantie), a warranted property (zugesicherte Eigenschaft), in the case of culpable injury to life, body and health and under the German Product Liability Act (Produkthaftungsgesetz).
16.3. In the event of a slightly negligent breach of a fundamental contractual obligation, meaning a principal obligation enabling the proper execution of the Agreement and upon which the Developer therefore relies and may rely, the liability of Safe Labs shall be limited to the amount of damage that is typical for the Agreement and that could be reasonably foreseen at the time the Parties entered into the Agreement. Safe Labs shall not be liable in the event of a slightly negligent breach of ancillary obligations that are not Cardinal Obligations.
16.4. The parties agree that the total amount of all damages, reasonably foreseeable at the time the parties enter into the Agreement, that typically might occur in connection with the Agreement during one calendar year does not exceed the fees paid by the Developer in the respective calendar year.
16.5. Any other claims for damages against Safe Labs shall be excluded. In no event shall Safe Labs be liable to Developer for any special, indirect, incidental, exemplary or consequential damages of any kind or nature whatsoever (including for loss of data, loss of revenue or profits or for business interruption), howsoever caused and regardless of the form of action or theory of liability (including for breach of contract, tort, negligence, by statute or otherwise).
16.6. Insofar as the liability according to this Section 16 is excluded or limited, this shall also apply to the personal liability of Safe Labs' employees, representatives and vicarious agents.
16.7. If the Developer suffers damage due to the loss of data, Safe Labs shall not be liable for this insofar as this damage could have been avoided by a regular and complete backup of such data by the Developer.
16.8. Notwithstanding the limitations provided in Sections 16.2 and 16.3, in particular, in the event that prevents Safe Labs from performing and whose elimination is not possible or cannot be economically expected of Safe Labs, Safe Labs shall be released from its obligation to perform.
17. STATUTE OF LIMITATIONS
17.1. The limitation period for claims and rights due to defects against Safe Labs - regardless of the legal grounds - is one year.
17.2. However, the limitation period pursuant to Section 17.1 shall apply with the following provisions: 17.2.1. The limitation period shall generally not apply in the case of intent or fraudulent concealment of a defect or insofar as Safe Labs has assumed a guarantee for the quality of the services. The statutory periods shall apply instead.
17.2.2. The limitation period shall also not apply to claims for damages in the event of a grossly negligent breach of duty, in the event of a culpable breach of an essential contractual duty, a duty, the performance of which enables the proper execution of this agreement in the first place and on the compliance of which the other Party regularly relies and may rely, in the event of culpably caused injury to life, limb or health or in the event of claims under the Product Liability Act. These shall be replaced by the statutory periods.
17.2.3. Insofar as this provision refers to claims for damages, claims for compensation for futile expenses are also covered.
17.3. Unless expressly stipulated otherwise, the statutory provisions on the commencement of the limitation period, suspension of expiry, suspension and recommencement of time limits shall remain unaffected.
17.4. The above provisions shall apply accordingly to claims for damages that are not related to a defect.
17.5. A change in the burden of proof to the detriment of the client is not associated with the above provisions.
18. FORCE MAJEURE
18.1. Neither party shall be liable for any failure or delay in performing its obligations under this agreement if such failure or delay is due to an external event that is caused by elementary natural forces or acts of third parties, which is unforeseeable according to human insight and experience, cannot be prevented or rendered harmless by economically reasonable means even by exercising the utmost care reasonably to be expected under the circumstances, and which the affected party may not have to expect due to its frequency, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, labor strikes, fire, flood, or pandemic("Force Majeure Events"). During the continuance of a Force Majeure Event, the obligations of the affected party shall be suspended to the extent that they are affected by the event, and the affected party shall not be deemed to be in breach of this agreement.
18.2. The affected party shall resume the performance of its obligations as soon as reasonably practicable after the Force Majeure Event has ended. If the Force Majeure Event continues for more than thirty (30) calendar days, either party may terminate this agreement upon written notice to the other party.
19. NATURE OF THE AGREEMENT
Each party acknowledges and agrees that this agreement does not create, nor is it intended to create, any form of partnership, joint venture, joint product, or other similar business relationship between the parties. The Developer and Safe Labs shall each remain independent entities responsible for the design, development, and maintenance of their respective components, with the Developer managing its services and Safe Labs managing the API. Each party’s obligations under this agreement shall be limited to facilitating the technical integration of their respective components, with each party responsible solely for its own infrastructure, data security, and operational management.
20. DATA PROTECTION
20.1. With respect to any personal data that may be processed under this Agreement, the Parties undertake to comply with all applicable data protection laws, including the Regulation (EU) 2016/679 General Data Protection Regulation (“GDPR”).
20.2. If and to the extent that Safe Labs processes any personal data on behalf of the other Party, Safe Labs shall act as data processor and the other Party shall act as controller, and the Parties agree to enter into a data processing agreement in terms of Art. 28 GDPR which is available at https://developer.safe.global/dpa.
20.3. The Parties shall be liable to the data subjects in accordance with Art. 82 GDPR. In the internal relationship, the Parties shall be liable to each other only for their share of the cause giving rise to liability. This shall apply mutatis mutandis in the event that a fine is imposed on a Party for a breach of data protection provisions pursuant to Art. 83 GDPR, provided that the respective liable Party has exhausted its legal remedies against the fine. If a Party remains subject to such a fine that does not correspond to its share of responsibility for the breach, the other Party shall be obliged to indemnify it against the fine to the extent that it bears responsibility for the sanctioned breach.
21. TERM AND TERMINATION
21.1. This Agreement shall continue for an indefinite period of time until terminated by either Party.
21.2. Either Party may terminate this Agreement with a notice period of four (4) weeks to the end of each calendar month.
21.3. The Parties’ statutory right to extraordinary termination for cause remains unaffected.
21.4. Upon termination of this Agreement for any reason, Developer’s rights to access and use the API automatically terminates. Safe Labs will delete any remaining Developer Data in the API upon termination unless applicable law requires retention.
22. AMENDMENTS OF THE TERMS
Safe Labs reserves the right to amend or change these terms and conditions. The planned changes will be announced to the Developer in text form at least four weeks before the planned entry into force. The Developer is deemed to have consented to the changes if the Developer does not object to the changes in text form before the deadline expires. Alternatively, the Developer has the right to terminate the Agreement before the deadline expires. Such termination shall take effect within 14 days of receipt of the notice of termination. The terms and conditions shall continue to apply unchanged until the termination takes effect. Safe Labs undertakes to expressly notify the Developer of the possibility of objection or termination and the deadlines for objection and termination, the text form requirement for objections and the significance or consequences of failing to object. If the Developer objects to the change of the terms and conditions in due form and time, the Agreement will be continued under the previous conditions. In this case, Safe Labs is entitled to terminate the Agreement within a period of four weeks.
23. MISCELLANEOUS
23.1. This Agreement and all agreements hereunder shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the provisions on the conflict of laws.
23.2. To the extent legally permissible, the courts of Berlin (Germany) shall have exclusive jurisdiction to settle any disputes arising under or in connection with this Agreement.
23.3. Unless explicitly stated otherwise in this Agreement, this Agreement or any rights and obligations hereunder may not be assigned or transferred by any Party, in whole or in part, without the prior written consent of the other Party.
23.4. Unless otherwise stated in Section 22, any amendment or supplementation of this Agreement, including this provision, and any waiver under this Agreement shall be valid only if made in writing, except (i) where a stricter form (e.g., notarization) is required under applicable law or (ii) in case such amendment or supplementation has been individually negotiated (Individualabrede) between the Parties within the meaning of Section 305b German Civil Code.
23.5. Should any provision of this Agreement be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby.
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