Please read these terms carefully before you start to use our services. By using the services, you accept and agree to be bound and abide by these terms of service.

This T&C is effective as of March 10th 2023 and was last updated on March 10th 2023

Terms & Conditions

VAULTN

TERMS & CONDITIONS

V0.91 (Last updated: 2023-03-10)

These VaultN Terms & Conditions (“T&Cs”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and VaultN B.V (“VaultN“), concerning your access to and use of the http://www.vaultn.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).

By accessing the Platform and using the services offered, you confirm that you have read, understood, and agreed to be bound by these T&Cs. If you do not agree with these T&C, then you are expressly prohibited from using the Platform and you must discontinue any use immediately.

Supplemental terms and conditions or documents that may be posted on the Platform from time to time (“Documentation“) are hereby expressly incorporated herein by reference. VaultN reserves the right, in the sole discretion, to make changes or modifications to these T&Cs or publish another document related to the use of the Platform at any time and for any reason. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised T&C and such other documents related to the use of the Platform by your continued use of the Platform, after the date such revised T&Cs or such documents are posted.

The Platform is intended for merchants only for business purposes and not for individuals for private use. In order to use the Platform, you should sign up on behalf of the organization that you are authorized to represent and become a registered user (“Account”).

You must, and hereby accept that you were made aware that you must check these T&Cs and any Documentation referred to whenever you access the Platform in order to ensure that you are aware of the terms that apply.

  1. SERVICES OFFERED VIA THE PLATFORM

VaultN is a cloud-based digital supply chain solution which enables its users to receive the following services (“Services”):

  • store digital assets (e.g., software activation codes) and secure them in their own digital vaults;
  • distribute their digital assets to partners and trusted third parties, create, and manage their own cloud-based vaults and supply chain network;
  • easily replicate restrictions of distribution rights and agreements;

“Transparently follow and report entire digital supply chain in real time; and

  • manage and reconcile their digital sales and complete inventory.

 

You hereby accept that the Features and Services listed in the Website will be selected by you from a variety of options, which may only be made available to you by VaultN. You should not share the details of your purchase or the offers made available to you with third parties. VaultN makes no guarantee to you nor to any third party that the same options will be made available or the same rate for any           Account will be apply to others. You hereby waive any claims that you may have with regards to such different applications.

  1. BASIC FEATURES AND ADD-ONS

Each Account will have access to the following basic features (“Basic Features”):

  • create Vault (as defined in these T&Cs)
  • create products
  • manage business connections
  • insert keys into your Vault (or Sub-Vaults)
  • transfer keys to other vaults
  • allocate keys to other vaults
  • extract keys from your Vault (or Sub-Vaults)
  • API interfaces for automating the Basic Features.

In addition to Basic Features, VaultN may make certain additional features (“Add-ons”) available to certain Accounts or Users. These will be offered over the interface to be provided by VaultN (“User Interface”). The content and pricing of such Add-ons may vary based on the selected Features and Services.

VaultN reserves the right to, at any time, change and/or modify the content and pricing of the Basic Features and Add-ons by updating the Platform or the User Interface or to cease the provision of any Basic Features or Add-ons temporarily or indefinitely. You will be deemed to have accepted such changes or modifications over the Basic Features and Add-ons by continuing the use of the Basic Features and Add-ons.

  1. OWNERSHIP OF VAULTN MATERIALS

This Platform and the content including but not limited to the layout, color schemes, URL’s, photos, drawings, images, font, design, graphs, pie charts, buttons, catalogs, advertisement, videos and sound front-end and back-end functions, codes, source codes, business models and all intellectual property rights included in or associated with the Platform and Services, including, but not limited to patents, copyrights, trademarks, service marks, logos and trade secrets (collectively “Content”) are either owned by VaultN or owned by others and licensed to VaultN. For the avoidance of doubt, the meta-data of third parties, including but not limited to game screenshots, pack shots or brand names are not owned by VaultN and are under the protection of intellectual property legislations applicable to such third party.

The Content and the marks are provided on the Platform “AS IS” for your information and personal use only. All right, title and interest in and to the Platform, Services and such Content remains with VaultN or the licensors, as applicable. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Platform that you do not have a pre-existing legal right, title or interest in, including, without limitation, utilizing, copying, distributing, re–publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, reverse–engineering, or transmitting any such Content, unless expressly authorized in these T&Cs. Additionally, you may not remove or alter any copyright, trademark, other intellectual property, proprietary rights notice or legend contained on the Platform or in the Content. You agree not to access the Platform and Services by any means other than through the interface VaultN provides via the Platform for use in accessing the Services. Your use of the Platform or Services does not grant you any right, license, or permission of any kind to reproduce or use VaultN’s intellectual property.

  1. LICENSE TO USE

Subject to your use of the Platform, thus accepting these T&Cs, and your payment of any applicable fees, VaultN grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make non-commercial use of the Platform, Content, and the Services. This license does not include any resale or commercial use of the Platform, any Services, or Contents; any derivative use of the Platform, any Service or Content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these T&Cs are reserved and retained by VaultN or its licensors, suppliers, publishers, rightsholders, or other related persons. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VaultN.

  1. AVAILABILITY OF PLATFORM, SERVICES, AND CONTENT

VaultN makes no representations and provide no warranties that:

  • the Platform, Services and Content will be made available at any specific time or from any specific geographical location;
  • your access to the Platform, Services or Content will be continuous or uninterrupted; or
  • the Platform, Services, or Content will be accessible or optimized on all browsers, computers, tablets, phones, or viewing platforms.

VaultN reserves the right to suspend access to all or part of the Platform, Services or Content for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Platform, content updates, periodic maintenance, or resolving any issues that VaultN becomes aware of. Wherever VaultN anticipates that VaultN  is required to suspend access to the Platform, Services, or Content for a considerable period, VaultN will try to provide you with prior notice, when reasonably practicable.

You acknowledge and agree that VaultN, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Platform, or for your resulting access to, availability of, use of, and timing, receipt, and accuracy of the information transmitted to or received from the Platform and/or its features.

  1. ACCOUNTS, RELEGATION, AND TERMINATION

If VaultN provides you with account information such as a user name, identification number, account code, and/or password, you must keep such information confidential and secret and not disclose it to anyone.

All account information is provided for use by the named account holder only, and not for any other person. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your account information to any third party.

Where VaultN provides you with the option to select your own login information, including a password, VaultN recommends that you supply login information unique to your own use of the Platform, and do not use information from other accounts you may hold with other websites or any easily discoverable personal information. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your login information to any third party.

You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect, or use the login credentials of other individuals. VaultN prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to VaultN upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

VaultN reserves the right to withdraw access to your account without notice for any actual or suspected breach of these T&Cs or any other documentation referred to in them, including, without limitation, where VaultN suspects that there has been unauthorized access to your account or any unauthorized disclosure of your login information.

If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password and notify VaultN by email, at [email protected]

VaultN may, at the sole discretion, downgrade your selected Features and Services you have subscribed to or terminate the use of the Features and Services and/or any Basic Features and/or Add-ons. In such case, you will be refunded subject to the terms of these T&Cs.

You declare that you are duly informed of this possibility and hereby accept any decision given by VaultN regarding relegation of Features and Services or termination of the use of the Account, and/or any Basic Features and/or Add-ons. You hereby waive any claim you may have related to this matter.

  1. DIGITAL INVENTORY, VAULT, AND DIRECT CONSUMER SERVICES

After the creation of the user account and subject to your compliance with these T&Cs, VaultN shall assign you a digital vault (“Vault”), in which you can store your digital assets, such as activation codes or redemption keys (“Digital Inventory”). You may have some of the following authorities with regards to the management of your Vault:

  • Store, secure, manage, track, and deliver Digital Inventory;
  • Create, manage, and synchronize product details and meta-data in relation to the Digital Inventory,
  • create, edit, and obtain a product information document (this may contain all sorts of public and private meta-data, including logos, screenshots, videos, descriptions, etc.) (“Product Catalog”);
  • Create and manage sub-vaults (“Sub-Vaults”), which are tied to and controlled through your Vault;
  • Charge specific costs while distributing their digital assets to partners and trusted third parties, (“Price Lists”) and/or making periodic discounts on the prices announced at the Price List (“Promotions”);
  • Manage their own cloud-based vaults and supply chain network for the supply of their products and apply restrictions of distribution rights and agreements in specific regions/markets. (“Restricted Markets”)
  • Assign and restrict access of other users (“Users”) to the Vault.

The authorities provided above may change based on the type of the Account. Such authorities will be listed visibly on the Platform for each Account.

You hereby accept, declare, and undertake that Digital Content will not include any illegal content or content that belongs to third parties, without proper and legal authority to use such third-party content. In case VaultN receives any claim from any third party, including but not limited to governmental bodies, VaultN will direct such claim to you. You hereby agree that you assume all liability for any third-party claims regarding the Digital Content and that you will defend, indemnify, and hold VaultN harmless from such claims.

You hereby accept, declare, and undertake that you shall be solely liable for any action you or the Users perform over the Vault or any Sub-Vaults.

Any Services provided under Sub-Vaults will be billed to the Vault.

  1. PAYMENT TERMS

The Platform may provide different plans together with per-transaction based charges and fees, as will be displayed to you based on your selections of the Features and Services and Add-ons. VaultN retains the right to introduce changes in subscription plans, charges, and fees at any time. The User will be deemed to have accepted such changes if he/she continues to benefit from the Platform. The User accepts that he/she shall not make any claims to VaultN for changes in such subscription plans, payment terms, charges, and fees.

VaultN is not responsible for any Price Lists and Promotions created. You can add the cost and the commercial model under which you want to charge specific costs. VaultN is not liable for any prices communicated or stored. You, as the operator of your account, accept and declare that you have the sole responsibility of Price Lists and Promotions. All prices should be understood as indicative and do not replace the actual agreement between you and your partners and/or trusted third parties.

VaultN may work with third-party payment processing companies for the collection of the purchase amount. Depending on your selection, you may be subject to other terms applied by such payment processing companies. VaultN advises you to review the terms of such payment processing companies before completing your purchase. You hereby agree that VaultN is not liable for any issue regarding the payment processing procedure and that you will direct any requests regarding the payment processing to the relevant third-party payment processing company.

Once your order is processed, you can begin to use your purchase. In case you purchase a Feature or Service, you authorize VaultN to store your payment method(s) and automatically charge your payment method(s) every month until you cancel. VaultN will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT), every month until you cancel.

VaultN may change the rates displayed before your purchase at any time, and VaultN will notify you of any rate change with the option to cancel. If the applicable VAT rate (or other included tax or duty) changes, VaultN will accordingly adjust the tax-inclusive price for your plan mid-term on your next billing date.

Your bank may require you to authenticate your initial purchase using a password, a one-time code sent to your mobile number, or biometric recognition. When you authenticate, you also authorize VaultN to charge your payment method for your additional purchases without providing VaultN further payment information or other instructions (i.e., VaultN will initiate future payments independently). Such additional purchases may occur when VaultN automatically charges your payment method in connection with a recurring subscription or when you add or change licenses or products.

PLEASE BE AWARE THAT VNTK LTD IS A SEPARATE ENTITY FROM VAULTN AND VAULTN IS NOT, UNDER ANY CONDITION AND IN ANY WAY, LIABLE FOR ANY CLAIMS, DAMAGES OR OTHER MONETARY OR NON-MONETARY REQUESTS EITHER BY THIRD PARTY PERSONS, ENTITIES OR AUTHORITIES WITH RESPECT TO ANY SERVICES OR TRANSACTIONS THAT IS PERFORMED BY, TO OR THROUGH VNTK LTD AND THAT VNTK LTD SHALL BE THE SOLE LIABLE UNDER SUCH CIRCUMSTANCES.

  1. USER REPRESENTATIONS

By using the Platform and Vault, you represent and warrant that: (1) you are legally authorized to engage in transactions and to bind the company on behalf of whom you are conducting transactions, (ii) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these T&Cs; (5) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Platform for any illegal or unauthorized purpose; and (7) your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, VaultN has the right to suspend or terminate your account and refuse all current or future use of the Platform (or any portion thereof).

As a User registered to the Platform, you agree to the following:

  • You warrant that you are legally authorized to transfer the Digital Inventory to your recipient and that you are solely responsible and liable for the Digital Inventory itself and the transfer of such Digital Inventory.
  • You acknowledge and agree that VaultN is not liable for any matters (e.g., the Digital Inventory not being suitable for commercial use) in relation to the Digital Inventory.
  • You acknowledge and agree that you are solely responsible and liable for the legal and contractual basis of the transfer, if any. VaultN is not required to and shall not control the legal basis for the transfer of the Digital Inventory.
  • You acknowledge and agree that you are solely responsible for following any Product Catalog. If you (i) REPORT/UPLOAD any data, you must have obtained the respective permissions to doing so and/or own (directly or indirectly) the rights and (ii) DOWNLOAD/USE any data, you must have also obtained authorization to do so. This feature is for convenience only and does not give you the right to add any data to your own website, blogs, or other content for being used outside VaultN.
  • You acknowledge and agree that the choice and, thus, the liability with respect to Restricted Markets and the markets where the products may be sold remains solely with You. VaultN hereby waives any liability related thereto and may only identify the IP country related to a specific IP address communicated.
  • You acknowledge and agree that you will indemnify and hold VaultN harmless in case you use the Platform for performing Prohibited Activities as further detailed below.
  1. PROHIBITED ACTIVITIES AND SANCTIONED COUNTRIES

Following are considered Prohibited Activities under these T&Cs:

  • Circumvent, disable, or otherwise interfere with security-related features of the Platform,
  • Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
  • Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
  • Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
  • Use the Platform in a manner inconsistent with any applicable laws or regulations.

Any use of the Platform in violation of the foregoing violates these T&Cs and may result in, among other things, termination, or suspension of your rights to use the Platform.

Neither you, nor any person having a direct or indirect beneficial interest in your entity, or any person for whom you are acting as agent or nominee in connection with these T&Cs, has been or is (i) the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union or any other governmental authority, especially (collectively, “Sanctions”), (ii) organized or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions, or (iii) otherwise a party with which VaultN is prohibited from dealing with under applicable Laws. VaultN reserves the right not to provide Services in case it suspects that you may not be eligible to Services as per the preceding article.

  1. TERM AND TERMINATION, SUSPENSION OF ACCOUNTS AND USERS

These T&Cs shall remain in full force and effect while you continue to have an Account on the Platform.

Users may – depending on the rights assigned to them – terminate any Feature or Service or the entire Account at any time. However, in the event of existing transfer allocations, such allocations cannot be cancelled unless mutually agreed by the Account and the recipient and the Account shall perform its contractual obligations towards any third parties via other means.

For the avoidance of doubt, under no circumstances is VaultN responsible and/or liable for the fulfillment of any contractual obligations of third parties. Without prejudice to any other provisions of these T&Cs, VaultN reserves the right to, at the sole discretion and without notice or liability, deny access to and use of the site, to any User for any reason or for no reason. VaultN may terminate your use of the site or delete your account and any content, without warning at the sole discretion, in case VaultN has a reasonable suspicion that your use of the Platform is in breach of these T&Cs or applicable laws.

If VaultN terminates or suspend your account for any reason, User is prohibited from registering and creating a new account. In addition to terminating or suspending your account, VaultN reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  1. USAGE OF DATA AND DATA RELATED TO CONSUMERS

VaultN will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although VaultN performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that VaultN shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against VaultN arising from any such loss or corruption of such data.

Additionally, you are liable for ensuring that all the documents, agreements, or clarification texts necessary under the applicable laws are in place and signed by the consumers to whom you are providing services, with respect to processing any personal data or other data (such as behavioral data and purchases made by such consumer) related to the consumers and transferring these data to VaultN. In such documents, you are obligated to clearly express that VaultN will be able to store such data for the intention of storing specific purchases in order to manage the interaction and access the purchased products. You hereby accept, declare, and undertake that you will be liable for the requests made by any consumer or third party related to the lack of legal structure in order to allow VaultN to perform any actions specified in these T&Cs.

  1. MODIFICATIONS AND INTERRUPTIONS

VaultN reserves the right to change, modify, or remove the contents of the Account, Platform, Services, and Features at any time or for any reason at the sole discretion without notice.

VaultN also reserves the right to modify or discontinue all or part of the Account, Platform, Services, or Features without notice at any time. VaultN cannot guarantee the Platform, Services, or Features will be always available. VaultN may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. VaultN reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you.

VaultN commits to provide an uptime based on the Service Level Agreement, which can be found here, excluding planned downtime together with any downtime arising from problems related to third parties. You agree that VaultN has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these T&Cs will be construed to obligate VaultN to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

You will be deemed to have accepted this article in case you continue to use the Account, Platform, Services, or Features after any such change and you hereby waive any right you may have related thereto.

  1. CANCELLATION AND REFUND

You can cancel or change your subscription plan by contacting VaultN using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with the services, please email VaultN at [email protected].

You may submit a request for cancellation and refund at any time through the options available in your user account or by sending an e-mail to: [email protected]

After you submit your cancellation and refund request through available channels, the teams will review your request and will calculate the amount to be refunded. After this assessment, you will be notified about the refundable amount (if any).

For Add-ons:

  • The number of days of use until the date on which the refund request was submitted
  • The discount received for Add-ons under the applicable Account

 

After the calculation is done for each applicable items as stated below, the amounts calculated by the teams will be charged to you. The charged amount will be retained from the amount to be refunded. You hereby accept that VaultN is entitled and authorized to retain the calculated difference required to be charged to you.

VaultN teams will calculate the refund amount as follows:

For Add-ons:

If you wish to cancel one or multiple Add-ons, VaultN teams will first determine the pro rata value to be refunded. For example, if you wish to refund on the 5th day of purchase, you will be entitled to a refund of the package, after deducting the amount to be charged for each day of use.

After the amount to be refunded is calculated by VaultN, VaultN will contact the officials of the payment method you have selected and initiate the refund process. Please note that the exact refund date may vary depending on the payment mediator. VaultN makes no promises as to the exact date of such refund and you hereby agree to hold VaultN free from any liability regarding refund dates.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold VaultN harmless, including the subsidiaries, affiliates, and all of the 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 Platform, Services or Features; (2) breach of these T&Cs; (3) any breach of your representations and warranties set forth in these T&Cs; (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 Platform with whom you connected via the Platform. Notwithstanding the foregoing, VaultN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify VaultN, and you agree to cooperate, at your expense, with the defense of such claims. VaultN 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.

  1. DISCLAIMER

THE PLATFORM, SERVICES, BASIC FEATURES AND ADD-ONS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VAULTN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS, OR IMPLIED, AS TO:

  • THE SERVICES, BASIC FEATURES, ADD-ONS;
  • THE PLATFORM CONTENT;
  • DIGITAL INVENTORY; OR
  • SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE PLATFORM.

IN ADDITION, VAULTN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

VAULTN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, PLATFORM, BASIC FEATURES OR ADD-ONS WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. VAULTN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES, PLATFORM, BASIC FEATURES OR ADD-ONS ARE ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THESE IS AT YOUR SOLE RISK. VAULTN DOES NOT WARRANT THAT YOUR USE OF THE SERVICES, PLATFORM, BASIC FEATURES OR ADD-ONS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND VAULTN SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE T&Cs.

BY ACCESSING OR USING THE PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM, SERVICES, BASIC FEATURES AND ADD-ONS.

VAULTN DOES NOT ENDORSE THE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY DIGITAL INVENTORY.

  1. LIMITATION OF LIABILITY

Except for the damages consisting of personal injury or death, or damages caused by willful misconduct or gross negligence, VaultN’s shall not be liable for any incidental, indirect, special, exemplary or consequential damages whatsoever, including, without limitation, damages for loss of production or business profits, business interruption or loss of data or other business information, arising out of the usage of the Platform (including, without limitation, your access or use thereof or inability to access or use same, or the performance or non-performance thereof). VaultN shall in no event be liable towards any contracting party of any User and/or any other third party.

In relation to your usage of the Platform, VaultN’s total liability, whether relating to breach of contract, negligence, or any other matter, shall in no event exceed the amount of subscription fees invoiced for the time in which the Platform was unavailable. In such an event, the User shall receive a discount on the subscription plan on a pro rata basis to the downtime beyond 1%, excluding any planned downtime and downtime due to the conduct or the third parties or the lack thereof.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Platform, sending VaultN emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications VaultN provides to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by VaultN or via the site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1. FORCE MAJEURE

If VaultN, for any reason beyond its reasonable control, such as an act or threat of terrorism, war, emergency, act of God, work stoppage, or other similar event, is not able to provide perform its obligations under this Agreement, it is agreed that such non-performance shall be excused during such time period and shall not be a default of these T&Cs.

  1. GOVERNING LAW

These conditions are governed by and interpreted following the laws of the Netherlands, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. VaultN B.V and yourself both agree to submit to the exclusive jurisdiction of the courts of Amsterdam.

  1. MISCELLANEOUS

These T&Cs and any policies or operating rules posted by VaultN on the Platform or in respect to the Account, Platform, Services, and Features constitute the entire agreement and understanding between you and VaultN. the failure to exercise or enforce any right or provision of these T&Cs shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. VaultN may assign any or all the rights and obligations to others at any time. VaultN shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond the reasonable control. If any provision or part of a provision of these T&Cs is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these T&Cs and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and VaultN as a result of these T&Cs or use of the Platform. You agree that these T&Cs will not be construed against VaultN by virtue of having drafted them. You hereby waive all defenses you may have based on the electronic form of these T&Cs and the lack of signing by the parties hereto to execute these T&Cs.

  1. CONTACT VAULTN

In order to resolve a complaint regarding the Platform, exercise your data subject rights or if you believe that your Intellectual Property is infringed, please contact VaultN at:

Mail:

VaultN B.V

Nieuwezijds Voorburgwal 292 IV

Amsterdam 1012 RT

Netherlands

E-mail: [email protected]

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