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DropVault Terms & Conditions

These Terms and Conditions apply to you when you use the DropVault software and any content contained within the software and any other software we own or license and make available on DropVault.app By accessing and using this Website and the Service, you agree to these Terms and Conditions. DropVault Ltd reserves the right to change the Terms and Conditions, so please check back from time to time. For an explanation of DropVault’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Statement.

Definitions

DropVault: means DropVault Limited.

Application: means the DropVault Cloud Application including licensed software used to deploy the application.

Subscriber: means the person who registers with the DropVault application and where applicable any entity on whose behalf the subscriber registered to use the service.

You, Your and User: means the subscriber and users registered by the subscriber on the application.

 Subscription Fee: means the monthly or annual fee (excluding taxes and duties) payable by the Subscriber in accordance with fee structure set out on the website.

Data: means the data entered in the Application by the Subscriber and Users.

Intellectual Property Rights: means any trade mark, patent, copyright, know-how and any other intellectual property rights anywhere in world whether registered or not.

Applicable Law: means the laws of the Republic of Ireland for EU customers and laws of the United States for all non-EU customers.

Website: The DropVault web site at the domain Dropvault.app and all other sites owned or operated by DropVault Limited.

Service: means the operation of the Application hereunder.

Use of the Application

DropVault grants the Subscriber the rights to access and use the Application on non-exclusive, non-transferable basis and is limited to and subject to this agreement. The Subscriber is solely responsible for granting and managing User access to their information held in the application and undertakes to take all necessary steps to maintain the integrity and confidentiality of the usernames and passwords and will inform DropVault of any suspected breaches of user access usernames or passwords. You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others. If You do so you must ensure that You are authorised to do so and that all persons for whom or to whom you provide these services accept all terms of this Agreement that apply to You.

Payment of Subscriptions

Depending on the subscription agreed to, the Subscriber authorises the DropVault to process the relevant payment from their Credit Card each month or each year starting on the date that you first subscribe to the application and DropVault will issue an invoice corresponding to this payment. DropVault Limited does not store your credit card information, but instead using a secure third party secure Payment Gateway to store the information. Subscribers that choose to enter their credit card details for automatic payment are responsible for the security of their credit card information. DropVault will never store your credit card information on their, this instead will be stored with a Payment Gateway provider. Users that enter their Credit Card information via the DropVault website are responsible for the security of their Credit Card information and accept the DropVault security procedures as acceptable.

Non Payment of subscriptions

If the subscriber fails to pay an invoice Dropvault may, at it's discretion set the site into read only mode. This allows the subscriber access to any current data, messages and documents but prevents new channels, contacts, documents or messages being sent. The site may remain in this state for 30 days - If the subscription remains due after 30 days, the subscriber will be notified that all access is suspended and all content will be removed permanently with one calendar month.

Cooling off period

As access to the Application becomes active from the time we receive payment confirmation we cannot offer a cooling off period. We will cancel all future payments once we have received the confirmation to cancel by email and the request to cancel has been processed in the Application. These terms are in line with S.I. No. 207/2001 — European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations, 2001. )

Disclosure of information

DropVault acknowledges the confidentiality of the information stored in its applications and we have taken every step possible to ensure its security. However, there are some circumstances we may have to disclose information relating to our subscribers.

In connection with legal proceedings. To comply with legal, governmental and/or regulatory requirements. To assist in fraud prevention and/or law enforcement.

Links to other sites / use of third party services

We may provide links to third-party Web sites, and some of the content appearing to be on this Website is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. DropVault has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

Copyright

All content and functionality on the Website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of DropVault or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

Trademark

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Website are the registered and unregistered Trademarks of DropVault and its licensors. You agree that you will not refer to or attribute any information to DropVault or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, DropVault or its licensors.

Ownership of Data

The acceptance of these Terms and Condition or the usage of Application does not constitute the sale or transfer of ownership of any rights to the software or the intellectual property contained within. The Data entered by You, and Your Users remains your property. You grant DropVault Ltd a license to copy, transmit, back-up and store your data for the purpose of enabling you to use, process and access the data. You are responsible for compliance with any applicable requirements of the Data Protection Acts. Should you wish to discontinue using the Application, your data will be made available to you to download in Tab or Comma delimited file.

Cancellation of subscription

The term of this Agreement (the “Term”) shall be for the full term of 1 year you have opted for in your subscription plan even if the subscriber has opted for monthly or annual payment subscription plan and will continue in full force and effect for the duration of the Term unless previously canceled or terminated using any of the following methods and under the following circumstances:

Breach of contract – If, in our reasonable judgment, You have breached this agreement, we will issue notice that the Agreement is being terminated and give seven days’ notice in writing and if the breach has not been rectified at the end of the notice period DropVault will terminate Your Subscription. Cancellation of subscription by User – Users may cancel their subscription at any time using the Website, the subscription will remain active up to the next renewal date. Cessation of business, should Your business cease trading for reason of bankruptcy or winding up of business activity.

Application Updates

DropVault will continue to add new features and to improve the Application and may update the software without prior notice. All versions of the Application are subject to these Terms & Conditions.

Limitations of liability

The content and functionality on the Website is provided with the understanding that DropVault is not herein engaged in rendering professional advice and services to you. All content and functionality on the Website is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose and your use thereof is at your sole risk. DropVault and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content or generally with respect to the Service. DropVault shall have no liability or responsibility for any information published on linked web sites, contained in any content published on the Website, or provided by third parties. Neither DropVault nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

Backup of Your Data

You are responsible for backing up, to your computer or other device, any important documents or other Data that you may store or use through the Service. DropVault shall use reasonable skill and care in providing the Service but DropVault does not guarantee or warrant that any Data you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

Notices of Infringement

DropVault prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Website, please write to DropVault at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. DropVault will remove any posted content that infringes the copyright or other intellectual property right of any person under Irish law upon receipt of such a statement.

Force Majeure

Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including, but not limited to, acts of God, earthquake, embargo, labour disputes and strikes, riots, war, floods and governmental restrictions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.

Governing Law; Jurisdiction

These Terms are governed by the laws of the Republic of Ireland for EU customers and laws of the United States for all non-EU customers. without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the United States.