PLEASE READ THIS TERM OF SERVICE AGREEMENT (THE "TERMS") CAREFULLY. BY ACCESSING OR USING THIS WEBSITE (THE "WEBSITE") IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR APPLICATION (THE "SERVICE"), DOWNLOADING THE PRIVATE VAULT SOFTWARE APPLICATION FOR MOBILE DEVICES (THE "APPLICATION"), COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PRIVATE VAULT, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THE TERMS. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICE.
IF YOU SUBSCRIBE TO THE SERVIC ES FOR A TERM (THE "INITIAL TERM"), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT PRIVATE VAULT'S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 6.5 BELOW.
THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY PRIVATE VAULT IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Private Vault will make a new copy of the Terms of Service available at the Website. We will also update the "Last Updated" date at the top of the Terms. If we make any material changes, and you have registered to use the Service, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Website or Service and will be effective thirty (30) days after posting of notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have a registered account on the Website (each, a "Registered User") upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. Private Vault may require you to provide consent to the updated Agreement in a manner specified before further use of the Website or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Service. Otherwise, your continued use of the Website and/or Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.
The Private Vault Service is a set of tools, applications, web services and widgets that allows you to capture, control and manage data and messages on your electronic devices. You can use the Service to intercept messages and to move files from one storage location on your device to a restricted storage location. You can also use the Service to create backup copies of your data.
The Application, the Software, the information and content available on the Website and in the Service (collectively, the "Private Vault Materials") are protected by copyright laws throughout the world. Subject to the Terms, Private Vault grants you a limited license to reproduce portions of the Private Vault Materials for the sole purpose of using the Service for your personal or non-commercial purposes. Unless otherwise specified by Private Vault in a separate license, your right to use any Private Vault Materials that you access for download through the Website, the Application, the Software or the Service is subject to the Terms
Subject to your compliance with the Terms, Private Vault grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.
Use of any software and associated documentation, other than the Application, that is made available via the Website or the Service ("Software") is governed by the Terms. Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If the Software is a pre-release version, then you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. Private Vault grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Service in the manner permitted by the Terms. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of the Terms.
You understand that the Website, the Application, the Software and the Service are evolving. As a result, Private Vault may require you to accept updates to the Website, the Application, the Software or the Service that you have installed on your computer or mobile device. You acknowledge and agree that Private Vault may update the Website, the Application, the Software and/or the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service or use the Website, the Application and/or the Software.
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website or any portion of the Website, including any Private Vault Materials, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Private Vault Materials (including images, text, page layout or form) of Private Vault; (c) you shall not use any metatags or other "hidden text" using Private Vault's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Private Vault Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website; (f) access the Private Vault Materials in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Private Vault Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Private Vault Materials. Any future release, update or other addition to the Private Vault Materials shall be subject to the Terms. Private Vault, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Website, the Application, the Software or the Service terminates the licenses granted by Private Vault pursuant to the Terms.
As a part of the Private Vault Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for Private Vault to monitor such materials and that you access these materials at your own risk.
In order to access certain features of the Website, the Application, the Software and the Service you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a user who has registered an account on the Application ("Account").
In registering for the Service, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Service under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Private Vault Materials or the Service by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or Private Vault has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Private Vault has the right to suspend or terminate your Account and refuse any and all current or future use of the Private Vault Materials and/or the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. Private Vault reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You agree not to create an Account or use the Private Vault Materials and/or the Service if you have been previously removed by Private Vault, or if you have been previously banned from the Service.
You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify Private Vault immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.
You must provide all equipment and software necessary to connect to the Private Vault Materials and the Service, including but not limited to, a mobile device that is suitable to connect with and use the Private Vault Materials and the Service, in cases where the Service offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Private Vault Materials and the Service.
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Website, the Application or the Service, whether publicly posted or privately transmitted, including the Private Vault Materials ("Content"), are the sole responsibility of the party from whom such Content originated. This means that you, and not Private Vault, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through the Service, the Application, the Software or the Website ("Your Content").
As a condition of use, you agree not to use the Website, the Service or the Private Vault Materials for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) to take any action or (b) Make Available any Content on or through the Website and the Service that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Private Vault's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Private Vault; or (vi) to attempt or engage in, any potentially harmful acts that are directed against the Website or the Service, including but not limited to violating or attempting to violate any security features of the Website or Service, using manual or automated software or other means to access, "scrape," "crawl" or "spider" any pages contained in the Website or Service, introducing viruses, worms, or similar harmful code into the Website, Service or Private Vault Materials, or interfering or attempting to interfere with use of the Website or Service by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing", or "crashing" the Website or the Service.
The purpose of the Terms is for you to secure access to the Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of Private Vault's Software or Application, and, furthermore, any use of Private Vault's Software or Application by you in furtherance of the Terms will be considered merely in support of the purpose of the Terms.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Private Vault collects payments through a limited number of payment services ("Payment Provider"). You must provide Private Vault with valid account information for the respective chosen Payment Provider. Your Payment Provider agreement governs your use of the designated credit card or other payment method, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Private Vault with your payment information, you agree that Private Vault is authorized to immediately invoice your Account for all fees and charges due and payable to Private Vault hereunder and that no additional notice or consent is required. You agree to immediately notify Private Vault of any change in payment credentials for payment hereunder. Private Vault reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by e-mail delivery to you.
You will be responsible for payment of the applicable fee for any Services (each, a "Service Subscription Fee") at the time you create your Account and select the term of your subscription (each, a "Service Commencement Date"). Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and Private Vault for the Services until Private Vault or the Payment Provider, for example Apple or Google, accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
Private Vault's fees are net of any applicable Sales Tax. If any Service, or payments for any Service, are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Private Vault, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify Private Vault for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or such other evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax, and any other tax measured by sales proceeds, that Private Vault it’s permitted to pass to its customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
PRIVATE VAULT CANNOT GUARANTEE THAT YOUR CONTENT WILL BE SAFE FROM OUTSIDE ATTACKS, HACKERS OR OTHER WAYS OF ACCESSING YOUR CONTENT ON THE FILE SYSTEMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE, THE APPLICATION, THE SOFTWARE AND THE SERVICE IS AT YOUR SOLE RISK, AND THE WEBSITE, THE APPLICATION, THE SOFTWARE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. PRIVATE VAULT EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DELETION WARNING: Please back up all your data/content i.e. photo, videos and notes before deleting/uninstalling the app. Once you delete/uninstall the app, your data can not be recovered. Techuz InfoWeb Private Limited (“Private Vault”) will not be responsible for any data loss.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL PRIVATE VAULT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APPLICATION, THE SOFTWARE, THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT PRIVATE VAULT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL PRIVATE VAULT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY PRIVATE VAULT AS A RESULT OF YOUR USE OF THE SERVICE DURING THE TWELVE-MONTH PERIOD PRECEDING THE DATE ON WHICH YOU FIRST ASSERT YOU CLAIM. IF YOU HAVE NOT PAID PRIVATE VAULT ANY AMOUNTS DURING SUCH PERIOD, PRIVATE VAULT'S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50.00).
If Private Vault becomes aware of any possible violations by you of the Terms, Private Vault reserves the right to investigate such violations. If, as a result of the investigation, Private Vault believes that criminal activity has occurred, Private Vault reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Private Vault is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Website, the Application, the Software or in the Service, including Your Content, in Private Vault's possession in connection with your use of the Website, the Application, the Software or the Service, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Private Vault, its Users or the public, and all enforcement or other government officials, as Private Vault in its sole discretion believes to be necessary or appropriate.
In the event that Private Vault determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Website, the Application, the Software or the Service, Private Vault reserves the right to:
If your registration(s) with or ability to access the Website, the Application, the Software or the Service is discontinued by Private Vault due to your violation of any portion of the Terms, then you agree that you shall not attempt to re-register with or access the Website, the Application, the Software, or the Service through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those materials or Service to which your access has been terminated. In the event that you violate the immediately preceding sentence, Private Vault reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
The communications between you and Private Vault use electronic means, whether you visit the Website or send Private Vault e-mails, or whether Private Vault posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Private Vault in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Private Vault provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You hereby release Private Vault and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage of any kind arising in connection with or as a result of the Terms or your use of the Website, the Application, the Software or the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Private Vault's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Private Vault 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.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone or Android app stores ("App Store"). You acknowledge and agree that the Terms are between you and Private Vault only, and not with the App Store. Private Vault, not the App Store, is solely responsible for the Private Vault Materials, including the Application, the contents thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you 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 Private Vault Materials, including the Application. You agree to comply with, and your license to use the Application 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 Private Vault Materials, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
The Private Vault Materials can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Private Vault intends to announce such Services or Content in your country. Those who access or use the Private Vault Materials from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you have any questions, complaints or claims, please contact us at: [email protected] We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
