Legal
Terms of service
These Terms set out the rules for using this website and the contact form on it. They don’t cover the Vaultelix backup service, which has its own agreement.
Effective and last updated
These Terms of Service (the “Terms”) are an agreement between you and Vaultelix (“Vaultelix,” “we,” “us,” or “our”). They govern your access to and use of vaultelix.com, including its pages, articles and contact form (the “Website”). Please read them carefully.
Summary
This summary is here to help you understand the Terms. It isn’t a substitute for them. In short:
- These Terms cover this Website only. If you become a customer, your use of the backup service is governed by a separate agreement.
- You’re welcome to browse the Website, read and share our articles, and contact us. Please don’t misuse it, attack it, or send us spam.
- What we publish here is general information. It isn’t professional advice, and product descriptions and pricing on the Website aren’t an offer or a contract.
- The Website is provided “as is,” and our liability for it is limited.
- Disputes are resolved through individual arbitration, not class actions, unless you opt out.
Who we are and what these Terms cover
Vaultelix provides a managed backup service for files stored in cloud services such as Google Drive, Dropbox, Microsoft OneDrive and Box. The Website describes that service and lets you contact us about it.
Accepting these Terms. By accessing or using the Website, you agree to be bound by these Terms and acknowledge our Privacy Policy. When you send us a message through the contact form, you confirm that you agree to these Terms. If you do not agree to these Terms, do not use the Website. These Terms may be changed only as described in Changes to these Terms.
Using the Website for an organization. If you use the Website on behalf of a company or other organization, you confirm that you are authorized to accept these Terms on its behalf, and “you” includes that organization.
Age. The Website is intended for businesses and adults. You must be at least 18 years old, or the age of majority where you live if that is higher, to use it.
The Vaultelix service. These Terms do not apply to the Vaultelix backup service. Your use of the service is governed by the agreement you accept or sign when you become a customer (the “Service Agreement”). If you are a customer and these Terms conflict with your Service Agreement, the Service Agreement controls.
Using the Website
Subject to these Terms, we give you a limited, non-exclusive, non-transferable and revocable permission to access and view the Website, and to download or print a reasonable number of pages, for your own information or for your organization’s internal evaluation of our services. You may link to and share any public page of the Website, as long as you do not suggest that we endorse you or your content. Any other use of the Website or its content requires our prior written permission.
What you may not do
You agree not to use the Website, or help or allow anyone else to use it:
- in any way that violates an applicable law or regulation, or infringes the rights of any other person;
- to probe, scan or test the vulnerability of the Website or any related system or network, or to breach or circumvent any security or authentication measure, without our prior written permission;
- to interfere with or disrupt the Website or the servers and networks that deliver it, including by overloading or flooding it, or by introducing viruses, malware or other harmful code;
- to access the Website by robot, spider, scraper or other automated means, other than search engines and similar services that follow the Website’s robots.txt file and do not place an unreasonable load on it;
- to send spam, chain letters or unsolicited advertising, or to submit the contact form in bulk, by automated means, or in a way designed to get around its limits;
- to submit anything that is unlawful, defamatory, harassing, threatening, obscene or fraudulent, or that infringes anyone’s intellectual property, privacy or other rights;
- to give false information, impersonate any person or organization, or misrepresent your affiliation with any person or organization;
- to frame or mirror any part of the Website, or to remove, obscure or alter any copyright, trademark or other notice on it; or
- to copy the Website or its content in order to build a competing website, product or service.
If you believe you have found a security vulnerability in the Website, please report it to us at [email protected] instead of testing it further.
Information you send us
Enquiries. When you use the contact form or email us, you agree that the information you provide is accurate and that you have the right to share it with us. Please do not send passwords, access keys, account credentials, financial account details, or other sensitive information. We do not need them to respond to an enquiry.
No contract for services. Sending us an enquiry does not make you a customer or create an agreement for us to provide any service. We are not obliged to respond to an enquiry or to offer you our services, although we try to reply to every genuine one.
Feedback. If you send us suggestions, ideas or other feedback about the Website or our services, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use it for any purpose without obligation or compensation to you. This does not give us any rights in your personal information beyond those described in our Privacy Policy.
Intellectual property
The Website and its content, including its text, articles, graphics, logos, icons, design and software, are owned by Vaultelix or its licensors and are protected by copyright, trademark and other intellectual property laws. Except for the limited permission described in Using the Website, these Terms do not grant you any right, title or interest in the Website or its content, and we reserve all rights not expressly granted.
Trademarks. “Vaultelix” and the Vaultelix logo are trademarks of Vaultelix. You may not use them without our prior written permission, except to refer to Vaultelix and its services accurately. Google Drive, Dropbox, Microsoft OneDrive, Box and the other product names and logos that appear on the Website are trademarks of their respective owners. We use them only to identify the services Vaultelix works with. Their use does not imply that those owners endorse, sponsor or are affiliated with Vaultelix.
Copyright complaints. If you believe that content on the Website infringes your copyright, email us at [email protected] with a description of the work, where it appears on the Website, and your contact details, and we will review it promptly.
Information on the Website
General information only. The content on the Website, including our guides and articles, is provided for general information. It is not legal, regulatory, compliance, security or other professional advice, and you should not rely on it as such. For advice about your particular situation, consult a qualified professional. We work to keep the Website accurate and current, but we do not guarantee that its content is complete, accurate or up to date.
Product descriptions and pricing. Descriptions of our services, features, integrations, security measures and prices on the Website are summaries. They may change at any time without notice, and they are not an offer, a quote or a binding commitment. The services, prices and commitments that apply to you are those set out in your Service Agreement or in a written quote from us.
Planned features. Integrations, articles and other items that the Website describes as planned may change, be delayed, or never be released. Please don’t make purchasing decisions based on them.
Availability and changes to the Website
We may change, suspend or discontinue any part of the Website at any time, without notice. The Website may also be unavailable from time to time because of maintenance, upgrades, or events beyond our control. We work to keep interruptions short and to fix problems promptly, but we have no obligation to keep the Website, or any particular content on it, available, and we are not liable to you if it is unavailable at any time.
Privacy
Our Privacy Policy explains what personal information we collect through the Website and the contact form, how we use and share it, and the rights you have. The Website does not use cookies. Please read the Privacy Policy to understand our practices.
Links to other websites
The Website contains links to websites and services operated by other companies, such as cloud storage providers and the service providers named in our Privacy Policy. We provide these links for convenience only. We do not control those websites and are not responsible for their content, products, services or practices, and a link does not mean that we endorse them. Your use of another website is governed by that website’s own terms and policies.
Disclaimers
The Website and all content on it are provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by law, Vaultelix disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy, and any warranties arising from course of dealing or usage of trade. Vaultelix does not warrant that the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms limits any rights you have under consumer protection laws that cannot be waived or limited by contract.
Limitation of liability
To the fullest extent permitted by law, in no event will Vaultelix, its affiliates, or their respective officers, directors, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, data or goodwill, arising out of or relating to these Terms or your use of, or inability to use, the Website, whether based on contract, tort (including negligence), strict liability or any other legal theory, and even if Vaultelix has been advised of the possibility of such damages.
To the fullest extent permitted by law, the total liability of Vaultelix and its affiliates for all claims arising out of or relating to these Terms or the Website will not exceed one hundred US dollars (US $100).
These limitations apply even if a remedy fails of its essential purpose. They do not apply to liability that cannot be limited or excluded under applicable law, such as liability for fraud, or, where the law so provides, for death or personal injury caused by negligence, or for gross negligence or willful misconduct. This section does not affect any limitation of liability in a Service Agreement, which governs claims relating to the Vaultelix service.
Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless Vaultelix, its affiliates, and their respective officers, directors, employees and agents from and against any third-party claims, and all related liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms, your misuse of the Website, or your violation of any law or the rights of any third party. We may assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of it.
Suspension and termination
These Terms apply from the moment you first access the Website and for as long as you continue to use it. You may stop using the Website at any time. We may suspend or block your access to all or part of the Website at any time, without notice, if we reasonably believe that you have violated these Terms, or where necessary to protect the Website, Vaultelix, or others.
The sections of these Terms that by their nature should continue to apply after your use of the Website ends will survive, including Information you send us, Intellectual property, Disclaimers, Limitation of liability, Indemnification, Governing law, Dispute resolution and arbitration, and General terms.
Governing law
These Terms, and any dispute arising out of or relating to them or the Website, are governed by the laws of the state in which Vaultelix is organized and, where applicable, the federal laws of the United States, without regard to conflict of laws principles. The Federal Arbitration Act governs the interpretation and enforcement of Dispute resolution and arbitration.
Any claim that is not subject to arbitration under these Terms must be brought exclusively in the state or federal courts located in the state in which Vaultelix is organized, and you and Vaultelix consent to the personal jurisdiction of those courts.
If you live outside the United States and the law of the country where you live gives you the right to have a dispute decided under its laws or by its courts, nothing in these Terms takes that right away.
Dispute resolution and arbitration
Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court.
Informal resolution first
Most concerns can be resolved quickly by talking to us. Before starting an arbitration or court proceeding, you and Vaultelix each agree to first try to resolve any dispute informally. The party raising the dispute must send the other a written notice describing it, including the name and contact details of the person raising it, the facts of the dispute, and the relief requested. Notices to Vaultelix must be sent by email to [email protected]. If the dispute is not resolved within 60 days after the notice is received, either party may begin arbitration.
Agreement to arbitrate
Except as described below, you and Vaultelix agree that any dispute, claim or controversy arising out of or relating to these Terms or the Website, including their formation, interpretation, breach or validity (a “Dispute”), will be resolved by binding individual arbitration, and not in court. The arbitrator, and not a court, will decide any question about the scope, arbitrability, enforceability or formation of this agreement to arbitrate, except that a court will decide any question about the class action waiver below.
Exceptions
Either party may bring an individual claim in small claims court, as long as it stays there and proceeds on an individual basis. Either party may also ask a court for an injunction or other equitable relief to stop the actual or threatened infringement of its intellectual property rights, or unauthorized access to or misuse of the Website.
How arbitration works
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, if you are an individual using the Website for personal purposes, or otherwise under its Commercial Arbitration Rules, as modified by these Terms. The AAA’s rules are available at adr.org. A single arbitrator will decide the Dispute. Unless you and Vaultelix agree otherwise, any hearing will take place by video conference or telephone, or in person in the county where you live. Where the amount claimed is $10,000 or less, the arbitrator may decide the Dispute on the parties’ written submissions alone. The arbitrator may award the same individual relief that a court could award, and judgment on the award may be entered in any court with jurisdiction.
Payment of filing, administration and arbitrator fees is governed by the AAA’s rules. If you show that the cost of arbitration would be prohibitive compared with the cost of going to court, Vaultelix will pay as much of those fees as the arbitrator finds necessary to prevent the arbitration from being cost-prohibitive.
Class action and jury trial waiver
You and Vaultelix agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may award relief only in favor of the individual party seeking it and only to the extent needed to resolve that party’s individual claim. You and Vaultelix each waive the right to a trial by jury.
If a court decides that the class action waiver is unenforceable for a particular claim or request for relief, that claim or request will be severed and decided by a court, and the rest of the Dispute will remain in arbitration. In no case will a Dispute proceed as a class arbitration.
Your right to opt out
You may opt out of this agreement to arbitrate by emailing [email protected] within 30 days after you first use the Website. Your email must include your name and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms, and it does not affect any arbitration agreement you have with us under a Service Agreement.
Time limit for bringing claims
To the extent permitted by law, any Dispute must be brought within one year after the claim arises. Otherwise, it is permanently barred.
Changes to this section
If we make a material change to this section, you may reject the change by emailing us within 30 days after it takes effect. In that case, the version of this section in effect immediately before the change will continue to apply to Disputes between you and Vaultelix.
Changes to these Terms
We may revise these Terms from time to time, for example to reflect changes to the Website or to the law. When we do, we will post the revised Terms on this page and change the “last updated” date at the top. Revised Terms take effect when they are posted and apply to your use of the Website from then on. They do not apply to Disputes that arose before they were posted, and changes to the arbitration section are subject to Changes to this section. If you continue to use the Website after the revised Terms take effect, you accept them. If you do not agree to them, please stop using the Website.
General terms
Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and Vaultelix about the Website, and replace any prior understandings about it. They do not replace or amend any Service Agreement.
Severability. If any provision of these Terms is found to be unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect, except as described in the class action waiver above.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later. Any waiver must be in writing to be effective.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer them without restriction, including in connection with a merger, acquisition, reorganization or sale of all or part of our business.
Events beyond our control. We are not responsible for any failure or delay in performing under these Terms that is caused by events beyond our reasonable control, such as outages of the internet or of service providers, natural disasters, or acts of government.
Notices. We may give you notices under these Terms by posting them on the Website or, if you have given us your email address, by email. You may give us notices by email to [email protected].
No third-party beneficiaries. These Terms do not give any rights to anyone other than you and Vaultelix, except for the indemnified parties named in Indemnification.
Interpretation. Headings and the summary at the top of these Terms are for convenience only and do not affect their meaning. The word “including” means “including without limitation.” If these Terms are translated, the English version controls.
How to contact us
If you have any questions about these Terms or the Website, please email us at [email protected] or use our contact form. For privacy questions and requests, see our Privacy Policy.