Last updated August 12, 2020

    Agreement To Terms

  1. These Terms of Use constitute a legally binding agreement made between You (“You”, “Your”, “Yours”), and Vawlt Technologies, S. A., doing business as Vawlt (“Vawlt”, “We”, “Us”, or “Our”), concerning Your use of Vawlt Dynamic Storage Platform (“Service”) and any other related content and software (“Software”). You agree that by using Our Service, You have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
  2. Supplemental terms and conditions or documents that may be posted on Our website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert You about any changes by updating the “Last updated” date of these Terms of Use, and You waive any right to receive specific notice of each change. It is Your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by Your continued use of the Service after the date such revised Terms of Use are posted.
  3. The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service.
  4. Service Description

  5. Vawlt is a Dynamic Storage Platform (“Platform”) that allows You to create and manage several, independent, data Volumes.
  6. All data placed inside the Volumes created in the Platform will be simultaneously stored on multiple cloud providers, in such a way that none of them stores complete files, thus ensuring their privacy.
  7. Our technology allows You to write and read data to and from the clouds, even if one of them is unavailable at any given time due to downtime, or because it has been compromised (hacking, corrupted files, etc.).
  8. All data placed inside Your Volumes is always transferred directly between Your devices and the cloud providers, never going through Our servers, making the service also tolerant to the fault of Our own servers.
  9. Your data privacy is guaranteed by our proprietary zero-knowledge end-to-end encryption protocol, that uses Adiantum (local cache), AES-256 (cloud), and RSA-2048 (cloud).
  10. Data is encrypted and signed on Your devices to ensure both privacy and integrity, so that only Users that were granted access to a Volume can access the data stored inside it.
  11. Registration

  12. In order to use Our Platform and/or our Software You need to be registered first, by providing a valid e-mail address.
  13. Upon registering, You will receive an e-mail with a link that will allow You to set Your unique password, thus activating Your account.
  14. After setting Your password, You will be shown a webpage containing a secret code that must be saved and securely kept by You.
  15. If You need to reset Your account password, the secret will be required in the process of defining a new password.
  16. If Your password and secret are both lost or forgotten at the same time, there is no technical way to reset Your account and You will completely and permanently lose access to all the data You previously had access to.
  17. Vawlt Platform

  18. Vawlt Platform is a management interface where Users with Administrator role can manage Volumes, and Users.
  19. An Administrator can create several Users, and then grant them access to Volumes.
  20. All Users can be listed, edited and deleted.
  21. Until a User account is activated, such User will not be able to use any Volumes it was granted access to.
  22. On Vawlt Platform, an Administrator can create and manage several Volumes, each with specific configurations, namely: volume type, providers geographical dispersion, volume name, and volume description.
  23. When an Administrator creates a new Volume, You authorize Vawlt to store your encrypted data using the services of the third-parties you selected as cloud providers.
  24. Each Volume type has specific usage purposes and conditions:
    1. Hot: optimised for recurrent storage and sharing (multiples writes, deletes and reads), no minimum storage per file, allows file versioning, millisecond retrieval time (time-to-first-byte).
    2. Immutable: optimised for files that don't need changes upon storage (write once, read often), 30 days minimum storage per file, does not allow file versioning, millisecond retrieval time (time-to-first-byte).
    3. Archive: optimised for files that are archived and seldom read (write once, unlikely to read), 180 days minimum storage per file, does not allow file versioning, up to 5 hours retrieval time (time-to-first-byte).
  25. For each Volume, an Administrator can set a storage capacity that determines the maximum amount of data You can store in that specific volume.
  26. For each Volume, an Administrator can set a download quota that will determine the monthly maximum amount of data you can read from the clouds. Vawlt Software will download from the clouds any file a User opens that is not cached in the device the User is logged in.
  27. The Administrator will be notified when a Volume is approaching the limits referred to in 22 and 23, at 75%, 95%, and 100% of each limit.
  28. At any time, an Administrator can edit such limits:
    1. Upgrade: increase a Volume storage capacity and/or download quota, and define if the changes are to be effective immediately, or in the beginning of the next billing period;
    2. Downgrade: decrease a Volume storage capacity and/or download quota and the changes will be effective in the beginning of the next billing period.
  29. If, at any time, for any Volume, the maximum storage capacity is reached, no User will be able to add more files to such Volume, until an Administrator performs an upgrade to such limit
  30. If, at any time, for any Volume, the download quota is reached, no User will be able to download any uncached files, until a new billing period starts, or an Administrator performs an Upgrade to such limit.
  31. When an Administrator deletes a Volume, Vawlt automatically deletes all the data stored in such Volume and this action is irreversible.
  32. All Users that are granted access to a Volume will have access to all of its content, including files, folders, and shared folders.
  33. When an Administrator revokes a User's access to a certain Volume, the User will no longer have access to any of the data stored in that Volume.
  34. When an Administrator deletes a User from the Vawlt Platform, the User will no longer have access to any Volumes it was previously granted access to, and will no longer be able to log in to Vawlt.
  35. Vawlt Software

  36. A User can only access Volumes it was granted access to, by using Our Software that is exclusively obtainable from Our official website, at https://vawlt.io/downloads.
  37. We grant to You a nonexclusive, revocable, personal, and nontransferable license to use Our official Software solely in connection with Our Service and in accordance with these Terms of Use.
  38. You accept any and all risk arising out of use or performance of Our Software.
  39. You may not reproduce or redistribute Our software except in accordance with these Terms of Use.
  40. A User can only perform operations (read, write, list) in Our cloud providers accounts via Our Software, and according to active Volumes and their limits.
  41. You are the owner and the sole responsible for all data and metadata stored by any of Your Users through Our Service.
  42. We do not have functional access to any data stored by You through Our Service and therefore We shall not be held responsible for such data.
  43. You retain complete ownership to Your files, folders, directories, including their metadata (file name, thumbnails, etc.) and any information You and your Users submit to Vawlt (collectively, “Your Content”).
  44. We do not claim any ownership to any of Your Content. These Terms do not grant Us any rights to Your Content or intellectual property.
  45. Vawlt states that Your Content, encryption key and password (together “Your Encrypted Content”) uploaded by You and Your Users, or otherwise submitted to the Service, are stored in an encrypted and non-invertible form.
  46. Your Encrypted Content cannot be decrypted or inverted by Vawlt or any third party. Your Encrypted Content can only be decrypted or inverted by You and persons You explicitly share Your Encrypted Content with.
  47. Since all Your data is encrypted and it is technically impossible to Vawlt to know if it contains any personal data, it is Your sole responsibility to ensure that You have the requisite legal basis for processing, and for instructing Us to process the personal data transferred via the Service.
  48. Billing And Payment

  49. You can buy Our Service either directly via Our website (Direct-customers), or via one of our official partners (Partner-customers).
  50. As a Direct-customer:
    1. In order to create Volumes, You have to provide Your billing information and a valid payment medium;
    2. When You create a new Volume, the selected payment medium will be immediately charged, according to the price You are shown, deriving from the specific configuration You have selected;
    3. We will recurrently charge You for every active Volume in the beginning of every month;
    4. For any changes made to Your Volumes You will be immediately charged accordingly, and these changes will also be reflected and charged in the following recurrent billing;
    5. If We are unable to charge You from any payment medium, You will be notified and asked to provide a valid payment medium;
    6. If You do not reply to Our notifications and fail to provide a valid payment medium within a reasonable period of time, We reserve the right to irreversibly delete all the Volumes We were unable to charge, and therefore delete all the data stored in them.
  51. As a Partner-customer:
    1. In order to use our Service You will have to enter into an agreement with one of our official partners;
    2. We will not bill You directly for using Our Service;
    3. We will bill Our partner, with whom You enter into an agreement with, for all of Your usage of Our Service;
    4. Our partner, with whom You enter into an agreement with, might delete Your account and thus erase all of the data You stored with Our Service;
    5. If, by any reason, We are unable to charge Our partner for Your usage of Our Service, we reserve the right to irreversibly delete Your account and all the data You have stored.
  52. Intellectual Property Rights

  53. Unless otherwise indicated, the Service and Software are Our proprietary property and all source code, databases, functionality, website designs, audio, video, text, photographs, and graphics used on the Service and on the Software (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights. The Content and the Marks are provided on the Service “AS-IS” for Your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Service or Software and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.
  54. Provided that You are eligible to use the Service, You are granted a limited license to access and use the Service to which You have properly gained access. We reserve all rights not expressly granted to You in and to the Service, the Content and the Marks.
  55. Term And Termination

  56. These Terms of Use shall remain in full force and effect while You use Our Service.
  57. You can, at any time, terminate the Service, either by deleting Your account, or by terminating Your agreement with one of Our official partners.
  58. Once Your account is deleted, We will permanently, and irreversibly, erase all information related to such account, as well as all the data stored by that account
  59. Without limiting any other provision of these Terms of Use, We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate Your use of the Service or delete Your account.
  60. If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your company.
  61. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  62. If, for any reason including, but not limited to, the sale or liquidation of Vawlt Technologies, S. A., are We forced to terminate Our Service at Vawlt's initiative, We guarantee that:
    1. You will be notified regarding the date from which the Service break will be effective.
    2. All data stored by You will continue to be available through Vawlt for a period not smaller than 45 days upon notifying the Customers of Service termination.
    3. We will provide the source code for the most recent version of Our Software, so that You can continue using Vawlt, thereafter relying on Your own servers for the operations formerly performed by Vawlt's servers.
  63. Governing Law

  64. These Terms of Use and Your use of the Service are governed by and construed in accordance with the laws of Portugal applicable to agreements made and to be entirely performed within Portugal, without regard to its conflict of law principles.
  65. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by the Courts of Lisbon, Portugal.
  66. Disclaimer

  67. The Site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
  68. Limitations of Liability

  69. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the service, even if we have been advised of the possibility of such damages.
  70. Indemnification

  71. You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms of Use; (3) any breach of Your representations and warranties set forth in these Terms of Use; (4) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom You connected via the Site. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defence of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
  72. Support

  73. In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact Us at: support[AT]vawlt.io