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TERMS OF USE

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These terms and conditions (“Terms of Use”) govern the access, viewing or use by you (hereinafter referred to as the “User”or “You”or “Your”)of the website and services (“Services”)operated or made available by Vaultedge Software Private Limited (“Vaultedge") through its website. This ‘Terms of Use’ is formulated and published inter alia pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires the publication of Rules and Regulations, Privacy Policy and Terms of Use for access or usage of a website.

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By using our Services, You agree to be bound by these Terms of Use which constitute the binding legal obligations of each Vaultedge and you towards each other. These Terms of Use may be modified at any time by Vaultedge by posting the changes on the website available on www.vaultedge.com (“Website”) and You agree that it shall be Your responsibility to ascertain the changes to the Terms of Use by visiting the Website wherein these Terms of Use are published. You agree that any modified terms shall be applicable to Your use of the Services without need for any further consent. If You do not agree to these Terms of Use, You should not use the Services which includes access, view or use of the Website. These Terms of Use shall be valid from the date of their acceptance by You and shall continue to be valid till termination in accordance with the terms set forth herein (“ Term”). Vaultedge may also enter into specific agreements with its customers in respect of the services offered by it. In case of any conflict with these Terms of Use and such specific agreements, such specific agreements shall prevail.

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1. Definitions

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  • Data means the information uploaded, shared or provided by You to be hosted by Vaultedge, in respect of which Services are provided to You, including but not limited to documents, files, information relating to devices, cloud storage systems and electronic mail accounts.
  • Privacy Policy shall mean the privacy policy available at the Website.
  • User or You or Your, shall include any individual or legal entity who accesses the Website and/or uses the Services.
  • Services shall include (a) use, view or access of the Website; (b) backup, storage and syncing and indexing services provided by Vaultedge to You as set forth in these Terms of Use; and (c) the classification and analysis of your Data based on the content.
  • Terms of Use shall mean the terms of use set forth herein.
  • Use or Used means to directly or indirectly activate the processing capabilities of the Services and/or execute, access, utilize, employ the Services, or display information resulting from such capabilities.
  • User Information shall mean any information provided by the User including but not limited to personal information such as name, telephone number, mobile number, email address and physical address.

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2. Access to Services and User Registration

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a. General:

  • You agree and understand that the Services are intended for people who are of the age of 18 years or above. You hereby represent that You are 18 years of age or above and competent to contract.
  • You understand that for the purpose of effectively availing of the Services You will be required to provide accurate information including User Information.
  • You represent that You have all rights required to provide the information that You have provided to Vaultedge through the Website, including the User Information and represent that it is true and accurate.
  • If You register as a legal entity, You represent that You are duly authorized by such legal entity to register for the Services and accept these Terms of Use and bind such legal entity to these Terms of Use.
  • All User Information will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that You have read, understood and agree to the Privacy Policy.
  • You hereby grant Vaultedge the right to use the personal and other information collected from You during the registration process for the furtherance of these Terms of Use and for the purposes of data collection, analytics and storage.
  • In the event the Services are of a premium nature and therefore, are required to be purchased by You, You will make appropriate payment in respect of the same to Vaultedge in accordance with the payment terms communicated to You by Vaultedge at the time of signing up for such Services.

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b. You can request the ability to access and use the Website and Service by completing the registration process on the Website. Vaultedge may, in its sole discretion, permit or deny Your registration. If Your registration request is accepted by Vaultedge, you will be required to create and maintain an account which is unique to you (each an “Account”). Each User is restricted to creating only 1 (one) Account and Vaultedge reserves the right to delete/deny access to an Account if it reasonably determines that such Account has been created by a User in violation of this restriction.

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c. You will be solely responsible for maintaining the confidentiality of the authentication credentials for your Account as provided to/created by you during the registration process and as amended by you from time to time and agree that the authentication credentials are intended for use solely by You. You agree and undertake to use the Services only using the username and password provided by You while creating the Account.

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d. You will be solely responsible for Your acts and conduct while using the Website and the Services.

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e. You understand and agree that Vaultedge may, in its sole discretion, cease providing the Service or terminate Your access to the Services or part thereof without notice and You waive any right to claim access to the Services or part thereof or any other claim that You may have. In such cases, Vaultedge will take all reasonable steps to provide you with a 30 (thirty) day period from the date of stopping the Service or termination of Your access to the Service during which you can access and download the Data stored using the Services. Following such period, any data of Your usage may be retained or deleted at Vaultedge’s sole discretion.

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f. You understand and agree that Vaultedge may use the services of a third party payment gateway provider to process payments, if any, made by You on the Website, and a deficiency of service on part of such third party payment gateway provider shall not be deemed to be a deficiency of service on part of Vaultedge. You agree that You are solely responsible for any loss or damage sustained as a result of Your use of the payment gateway service to make any payment on the Website and that You will assume any risk or liability associated with such use.

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3. Data Related Matters

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a. You will be required to upload, share or otherwise provide Vaultedge with Data in respect of which You may avail of the Services. Vaultedge shall not obtain any right, title or interest in the Data uploaded, shared or provided by You as part of Your use of the Services. You hereby grant Vaultedge, in consideration for the Services, a limited, royalty-free license to use, access, store, backup, host, edit, search, sort, categorise or transfer Your Data solely for the purposes of providing the Services. You understand that the license to the Data granted herein is critical for Vaultedge to provide the Services to You. Vaultedge shall not be responsible for any deficiency in Service or any other loss caused to You as a result of termination of the license to the Data granted herein.

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b. Nothing set forth in this Agreement shall restrict Vaultedge from collecting, storing, analysing and using the information and metadata related to your usage of the Services for matters related to the functioning of the Services and Vaultedge’s business purposes including but not limited to tracking your usage of the Services, invoicing you, to the extent applicable, in accordance with this Agreement, tracking Service performance, determining maintenance schedules, benchmarking studies and development. The information collected will be used to generate analytical information to help monitor use, scalability, activity on the Service and to ensure that the license terms under this Agreement are not breached. Such usage data shall be Vaultedge’s “Proprietary Information”. For the avoidance of doubt, Vaultedge’s Proprietary Information shall NOT include the Data.

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c.  Vaultedge grants the user the right to ask for information regarding personally identifiable data collected by Vaultedge, where personally identifiable information shall mean and include name; age; gender; telephone numbers; location data; email addresses; residential address; payment information; bank account details; credit/debit card details and delivery information.

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4. Services

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a. The Services provided by Vaultedge include: (a) providing facility to backup and sync Your Data stored across different electronic devices, cloud storage systems and/or electronic mail accounts; (b) categorizing Your data into various labels or categories in order to facilitate easy access and arrangement;  (c) creating search indices in order to enable You to search Your Data for specific content; (d) any other service provided by Vaultedge and communicated to You.

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b. All of the Services are standardised and offered to all Vaultedge customers using the Vaultedge software. Vaultedge shall not offer any customisation  capability with respect to any Service other than as detailed at www.vaultedge.com.The Services will be simultaneously available to multiple Users.

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c. You agree that You will use the Services in accordance with these Terms of Use and only for purposes permitted by the laws of India and the jurisdictions to which you are subject.

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d. You will use the Services and any information available on the Website in accordance with all applicable laws and regulations. Specifically You acknowledge and agree that the Data will be stored in the United States of America. If you reside in a jurisdiction which prohibits the transfer of any type of information or data to the United States of America, You cannot Use the Service.

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e. Vaultedge shall rely on Your use of the Services as a representation and warranty by You to Vaultedge that (i) such use is permitted under the laws of the jurisdiction(s) which you are subject to; (ii) you have all the necessary rights and permissions necessary to upload and store the Data on Vaultedge’s servers and access, use the same and to provide the permissions required under Clause 3 above.

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5. Prohibited Use

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In relation to the use of the Services, You agree, covenant and undertake not to:

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a. re-sell the usage or services of the Website;

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b. upload, display, modify, update, share, transmit, store or publish any information on behalf of a third party (including in impersonation of another person);

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c. upload, display, modify, update, share, transmit, store or publish any information You are otherwise not authorized under applicable law (including law relating to intellectual property rights) to upload, display, modify, update, share, transmit or publish;

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d. upload, display, modify, update, share, transmit or publish any information or material which is threatening, grossly harmful, harassing, blasphemous, defamatory, paedophilic, libellous, invasive of another person’s privacy, hateful, racially objectionable, ethnically objectionable, disparaging, harmful  to minors (in any way), abusive, obscene, derogatory (in any form), pornographic, related to or encouraging money laundering or gambling, grossly offensive or menacing in nature, or otherwise unlawful in any manner whatsoever;

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e. upload, display, modify, update, share, transmit or publish any information that contains viruses, trojan horses or other malware, or any other computer code, files or programs designed to corrupt, interrupt, limit, destroy or otherwise limit the provision of Services, Vaultedge’s computer systems, or the computer systems of other Users or third party systems or any other computer resource;

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f. upload transmit or publish anything which You do not have the rights to or any material which infringes the intellectual property rights (in whatever form) and other proprietary rights of any third party;

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g. upload, display, modify, update, share, transmit or publish any information that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any nation;

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h. use the Services in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical;

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i. access the Services in any unauthorized manner, including by hacking or using log in credentials of any other User;

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j. use the Services for any unauthorized marketing purposes or for sending any unsolicited materials; or

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k. violate any law for the time being in force.

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6. Intellectual Property

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You agree and understand that:  

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a. the contents of the Website including but not limited to the information, logos, trade names, trademarks, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, photographs, writings, articles, graphics, logos, icons, are the sole property of Vaultedge or its licensors;

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b. Vaultedge only grants you a revocable, non-exclusive, non-transferable, limited right to Use the Services, for the Term, subject to the terms of this Agreement;

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c. all intellectual property rights in and to the Services (including the Website) its contents and functionalities shall vest solely with Vaultedge or its licensors;

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d. all intellectual property rights in and to Your Data shall vest solely with You;

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e. save for the limited right to use the Services (including access to the Website) in accordance with these Terms of Use, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Services, the Website or in any of the contents and functionalities;

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f. You have no right to make any copies of the whole or part of the Website or the Services or any features thereof or any of the contents therein without express written consent of Vaultedge;

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g. You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Website save for any User Information that belongs to You;

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h. You have no right to use any search mechanism other than that provided as part of the Services in order to search within the Data hosted by Vaultedge, and You will not use any web-crawler or any data harvesting tools to harvest data of other Users using the Services.

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7. Disclaimers

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a. You agree and understand that while the Services enable Users to backup, sync, categorise and search through their Data across various devices, cloud storage systems and electronic mail accounts, Vaultedge does not in any form or manner guarantee that these services and facilities will be provided in an error free or easily understood manner or that the Data will be stored or analysed in an accurate, correct or complete manner. Vaultedge will take reasonable care in ensuring that all steps and processes implicated/involved in the provision of the Services that are under its sole and absolute control will be performed in to the best of its ability.

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b. You have, based on your independent analysis of the functionality and utility of the Services, determined in your sole and absolute discretion that, even subject to the disclaimers and limitations set forth in this Agreement, the Services provide sufficient utility for You and that you are willing to assume the risks associated with the Use of the Services. Further, You understand and agree that it is at Your own discretion and based on Your independent judgment that You choose to make purchases on the Website by using the payment gateway provided therein or otherwise.

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c. Vaultedge does not represent in any manner that:

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the Services will be available at all times and will operate error free or that there will be uninterrupted access and service;

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the payment gateway used to process Users’payments, if any, will be available at all times and will operate error free;

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the integrity of the information on the Website or the Data You upload will be maintained;

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the Website or any content therein is free from viruses or other malware;

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it assures the accuracy of the information on, or error free functioning of, other websites the link to which may be available on the Website.

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d. You agree and understand that the Services are available on an “as is” basis.

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e. You expressly release Vaultedge and where applicable, its director, officers and representatives from any and all cost, damage, liability or other consequence of any use of the Services (or part thereof) by You or the actions of other Users of the Services (or part thereof).

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f. Subject to applicable laws, Vaultedge hereby disclaims all warranties, whether express or implied, in relation to the Services (including the Website, its contents and functionalities), including but not limited to warranties of merchantability or fitness for a particular purpose. Where applicable laws do not permit the disclaimer of warranties to the extent detailed above, the said warranties are disclaimed to the maximum limit permitted by applicable law.

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g. Vaultedge reserves the right to remove or modify any contents on the Website, modify the scope and nature of the Services at its sole and absolute discretion without issuing any notice of such removal to any User.

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h. The Website may contain links to third party websites. Vaultedge shall not be responsible in any manner for the contents of these third party websites and if You should choose to use the link to view the third party websites, You choose to do so at Your own risk. Vaultedge does not endorse the content or in any manner represent the accuracy or correctness of information on such third party websites.

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8. Indemnity

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You shall indemnify on demand, defend and hold harmless, Vaultedge, its directors, shareholders, its officers, employees and agents, against any claims, losses, damages or costs arising from (i) Your use of the Services or part thereof;  (ii) Your breach of these Terms of Use or Privacy Policy; or (iii) Your failure to comply with applicable law (including law relating to intellectual property rights) in respect of the Data You choose to upload on the Website as part of Your use of the Services, or otherwise.

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9. Limitation of Liability

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The aggregate liability of Vaultedge to You or anyone else, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, the Privacy Policy, Your access and use of the Services or part thereof or for any reason related to the provision of the Services, shall not exceed INR 500/-   (Rupees Five Hundred only). In no event shall Vaultedge be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of Data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

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10. Complaints

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Vaultedge takes matters related to intellectual property rights and privacy very seriously. Should You have any complaints regarding the Services, including but not limited to abuse and misuse of the Website, copyright infringement and the like, or any issues related to data privacy please report the same to admin@vaultedge.com.  

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During the course of making such report as referred to in the preceding sentence, please provide Your name, email address, physical address and contact numbers so that Vaultedge may be in a position to verify details or check the authenticity of the complaints or get in touch with You, if required.

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11. General

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a. Termination: Vaultedge reserves the rights to terminate Your access to the Services at any time, in its sole discretion, if you violate these Terms of Use or at the expiry of the usage period when Vaultedge has stopped access to the Services. You acknowledge Vaultedge’s right to do so and waive any claim that You may have arising from such termination. Notwithstanding the termination of access, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable. You may cease Your use of  the Services at any time by providing a notice to Vaultedge by way of email at support@vaultedge.com. Irrespective of the cessation of Your use of the Services or termination of Your access to the Services for any reason, You will be liable to make any payments due to Vaultedge which are payable in respect of the Services provided to You.

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b. Force Majeure: In no event shall Vaultedge be liable for any acts beyond its control or for any acts of god.

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c. Access: Vaultedge does not make any claim that the Services may be lawfully used or accessed in the jurisdiction You are using or accessing it in. You are solely responsible for complying with laws applicable to You.

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d. Waiver: No waiver of any provision of these Terms of Use shall be binding unless executed and notified by Vaultedge in writing to You. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims You have against Vaultedge arising from Your use of the Services or use of the Services by any other third party including any other User.

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e. Entire Agreement: These Terms of Use, the Privacy Policy and any other agreement executed by You with Vaultedge shall constitute the entire agreement between You and Vaultedge for the use of the Services. Any   modification to these Terms of Use shall only be binding if posted on the Website by Vaultedge.

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f. Severability: If any provision of these Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.

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g. Governing Law: These Terms of Use are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction and venue of the competent courts located at Bangalore, India for all disputes arising out of or relating to these Terms of Use, accessing the Website and/or Using the Services.