Scope of these Terms

1. 1. 1. Welcome to ENCRYPTIA Cloud Corp. (“ENCRYPTIA Cloud“, “we“, “us“). We provide cloud storage and SaaS services with user-controlled encryption (“ENCRYPTIA Cloud”). With ENCRYPTIA Cloud, you can encrypt files (files, folders) and communicate with others via encrypted chat. You can upload your files to the cloud, manage, access, share, download and decrypt them. Together with other services which ENCRYPTIA Cloud may provide from time to time, all of the above are the “services” and each, is a “service“. All encrypted files and communication data, and all other data you share with ENCRYPTIA Cloud is called “Data” in these Terms. Data is classified as ‘Your Files’, ‘Your Chats’, ‘Account Data’, 'Privacy Data' and ‘Usage Data’ in our Privacy and Data Policy.
         
         We provide our services ourselves at our websites at https://encryptia.cloud and https://my.encryptia.cloud and related sites (“websites“), using Synology technology and mobile apps (“mobile apps“), desktop apps (“desktop apps”), browser extensions (“browser extensions”) and application programming interface (“API”). We also use payment processors and resellers who act on our behalf in relation to our services. If you have questions about how to use our services or the great things you can do with ENCRYPTIA Cloud, check our Help Centre or, if you can’t find the answer there, check our contacts page for details of who to contact.
         
         YOU, AND ANY USERS OF A ENCRYPTIA BUSINESS ACCOUNT OF WHICH YOU ARE THE ADMINISTRATOR, MUST BE AT LEAST 18 YEARS OF AGE, OR THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU OR THEY RESIDE, TO USE OUR SERVICES.
         
      2. Important: We store Data in our primary data centers in US. In order to provide our services, Data may transit or be temporarily stored on servers in other countries, the full details of which can be found on our website. If you access your Data or give someone access to your Data using our services and you or they are not in US, you or they may be accessing that Data from a country that does not give adequate protection to personal information when compared to that given under the US Privacy Act FOIA 1974, the Canadian Personal Information Protection and Electronic Documents Act 2000, the Japanese Act on the Protection of Personal Information 2003 or the European Union’s General Data Protection Regulation (EU) 2016/679 (“GDPR”). By agreeing to these Terms, you authorize us to grant that access.
      3. These Terms are binding and apply to any use of the services by you and anyone you allow to access your Data or our services. By using our services, you and they irrevocably agree to these Terms. If you do not like these Terms or don’t want to be bound by them, you must not use our services. In particular, OUR SERVICES ARE PROVIDED SUBJECT TO CERTAIN DISCLAIMERS BY US AND UNDERTAKINGS BY YOU, INCLUDING AN INDEMNITY FROM YOU IF YOU BREACH THESE TERMS
         
      4. We may make material changes to these Terms at any time by giving you at least 30 days’ notice, via email, SMS, pop-up or other prominent notice on our websites, or via a message in any service we provide. However, if we only make minor changes to these Terms or minor changes to our plans, these will become effective when notified. Your continued use after any notice of a minor change or after a material change comes into effect means that you agree to the changed Terms. If you have paid for a subscription that is due to expire during the 30-day notice period of a material change and you do not wish to continue to use our services under the new Terms, you must cancel your subscription before the new Terms come into force. We will refund any unused portion of your subscription payment within 30 days and close your account.
      5. If you comply with these Terms, then we grant you a non-exclusive, non-transferable, worldwide license to access and use our services, in accordance with these Terms and any plan you have subscribed to.
         
         

         Your Data

      6. If you allow others to access your Data (e.g. by giving them a link to, and a key to decrypt, that Data), in addition to them accepting these Terms, you are responsible for their actions and omissions while they are using our services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these Terms, including where you are the administrator of a business account or multi-user account (together “Business Account”).
      7. UCE is fundamental to our services. This means that you, not us, have encrypted control of who has access to your Data. You should keep your password and recovery key safe and confidential. You must not share your password with anyone and should not release encryption keys to anyone unless you want them to have access to your Data. Encryption won’t help if someone has full access to your password or device. We strongly urge you to use best practices for ensuring the safety and security of your system and devices (e.g. via unique passwords, security upgrades, firewall protection, anti-virus software, securing and encrypting your devices). ENCRYPTIA Cloud will never send you emails asking for your password so do not be fooled. Any such email will not be from us.
      8. You must maintain copies of all Data stored by you on our services. We do not make any guarantees that there will be no loss of Data. You should download all Data prior to termination of services.
      9. When you upload, store, access or share a file that is an exact duplicate of a file already on our service, our service may automatically (without viewing the file) delete it and give you access to the existing file already on our service (a process usually referred to as deduplication). In that case, you and any other user with the right to access that file will have access to the original file which will be retained as long as any user has a right to access it under these Terms.
      10. We will store your Data subject to these Terms, our Privacy and Data Policy, our Takedown Guidance Policy, our Cookie Policy, any additional terms applying to specific services and the terms of any plan you subscribe to. If you choose to stop using our services, you must download your Data first because after account closure we may delete all your Data.
      11. If we suspend or terminate our services to you because you have breached these Terms, or someone you have given access to has breached these Terms, during the term of that suspension we may delete your Data immediately or deny you access to your Data but keep it for evidential purposes.
      12. In circumstances where we cease providing our services for other reasons, we will, if we consider it appropriate, it is reasonably practicable and we are not prevented by law or likely to incur any liability in doing so, give you 30 days’ notice to retrieve your Data.
          
          

          Your obligations

      13. Once you have subscribed to a plan for our services (with payment having been made via one of our websites, mobile apps or one of our related and affiliated entities, payment processors or resellers), you must continue to pay the fees (if any) for that plan (and any other taxes or duties). No matter which reseller or related or affiliated entity of ENCRYPTIA Cloud you make payment to, your contract for services is with ENCRYPTIA Cloud and is governed exclusively by these Terms and our policies referenced in these Terms.
      14. We may at any time change the fees for our services (other than those you have already paid) and/or any additional terms of any services we provide to you (including the terms of any ‘achievements’, ‘referral’ or similar programs we may offer), as long as we give you notice (via email, SMS, pop-up or other prominent notice on our websites, or via a message in the relevant service). If we only make minor changes or if we only change our fees, these will become effective when notified. If we make material changes, these will become effective after 30 days’ notice. Where we change the fees for our services, in the absence of manifest error or other lawful excuse, you may not withhold payment or claim any set-off without getting our written agreement.
      15. If at any time you do not make a payment to us when it is due (including on termination), we may (and this doesn’t affect any other rights we may have against you):
          
          15.1. suspend or terminate your use of the service and/or;
          15.2. require you to pay, on demand, default interest on any amount you owe us at 10% per annum calculated on a daily basis, from the date when payment was due until the date when payment is actually made by you. You will also have to pay all expenses and costs (including our full legal costs) in connection with us trying to recover any unpaid amount from you.
      16. You must:
          16.1. where you have subscribed for a service, give us and keep up to date, your correct contact and any billing details and those of any users within a Business Account;
          16.2. comply fully with any account verification protocols we require you to follow, including account verification via SMS;
          16,3, comply with these Terms, all other applicable terms and policies and any other agreements you have with us and ensure that users within a Business Account, of which you are the administrator, also comply; and
          16.4. comply with all applicable laws, regulations and rules when using our services and with respect to any Data you upload, access or share using our services and ensure that users within a Business Account, of which you are the administrator, also comply.
          
          

          What you must not do

      17. You must not, and will ensure that no users within a Business Account of which you are the administrator:
          17.1. assign or transfer any rights you have under these Terms to any other person (including by sharing your password with anyone) without our prior written consent;
          17.2. do anything that would damage, disrupt or place an unreasonable burden on our service or anyone else’s use of our service, including denial of service attacks or similar;
          17.3. infringe anyone’s intellectual property (including copyright) or other rights in any data;
          17.4. resell or otherwise supply our services to anyone without our prior written consent;
          17.5. open multiple free accounts;
          17.6. open a new account after a previous account has been suspended or terminated for breach of these Terms;
          17.7. make use of any additional services which are not meant to be available to you on the plan you have subscribed for (including additional storage or additional functionality). For the avoidance of doubt, this includes where, for whatever reason, we may have provided you access to such additional services;
          17.8. use our service to:
          17.8.1. store, use, download, upload, share, access, transmit, or otherwise make available, Data in violation of any applicable law in any country (including to breach copyright or other intellectual property rights held by us or anyone else);
          17.8.2. send unwelcome communications of any kind (including unlawful unsolicited commercial communications) to anyone (e.g. spam or chain letters);
          17.8.3. abuse, defame, threaten, stalk or harass anyone, or to harm them as defined in the Harmful Digital Communications Act (US) or any similar law in the relevant jurisdiction;
          17.8.4. store, use, download, upload, share, access, transmit, or otherwise make available, unsuitable, offensive, obscene or discriminatory information of any kind;
          17.8.5. run any network scanning software, spiders, spyware, robots, open relay software or similar software;
          17.8.6. upload anything or otherwise introduce any spyware, viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else’s, network, device or computer system;
          17.8.7. use any software or device which may hinder the services (like mail bombs, war dialling, automated multiple pinging etc.);
          17.8.8. attempt to gain unauthorized access to any services which you have not been given express permission to access; or
          17.8.9. impersonate anyone or try to deceive or defraud anyone for any reason (e.g. by claiming to be someone you are not).
      18. To register with us, you must use a password in conjunction with your specific account login. You must not use an login that is offensive, obscene, discriminatory or is otherwise suggestive of illegal activity. You must make sure your password is secure, confidential and not used by you on other sites. If you think or know someone has used your password or there has been any other security breach, you must tell us immediately. We will hold you responsible for anything done on our services using your account and password. MAKE YOUR PASSWORD A STRONG ONE AND KEEP IT SECURE. We are not responsible if someone else gains access to your computer or other device and/or your ENCRYPTIA Cloud password and/or encryption keys for any files.
          
          

          Intellectual Property (IP)

          Our IP

      19. You must not, and you must not let anyone (including any user within a Business Account of which you are the administrator), use, copy, alter, distribute, display, license, modify or reproduce, reverse assemble, reverse compile, communicate, share, transmit or otherwise make available, (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever), any of our code, content, copyright materials, intellectual property or other rights without getting our permission in writing, other than in order to use our services as intended.

      20. Without limiting any other provision of these Terms, you may only directly and specifically use the API if you register at the developer registration page and agree that you will only publish or make available your application after we have approved it pursuant to our application approval process and license agreement available on request at api@encryptia.cloud. Unless we have expressly agreed otherwise with you, we are entitled to revoke access to, or change, our API at any time without notice where we consider it necessary for our business purposes. We will not be responsible or liable if this causes your application to malfunction or be unusable.
          
          Your IP

      21. You warrant that you own, or are authorized to use, the intellectual property in any Data you store on, use, download, upload, share, access, transmit or otherwise make available to or from, our systems or when using our services. You grant us a worldwide, royalty-free license to use, store, back up, copy, transmit, distribute, communicate, modify and otherwise make available, your Data, solely for the purposes of enabling you and those you give access to, to use our services and for any other purpose related to provision of the services to you and them.

   
   

   Copyright Takedown Notices

   1. We respect the copyright of others and require that users of our services comply with copyright laws. You are strictly prohibited from using our services to infringe copyright. You may not upload, download, store, share, access, display, stream, distribute, e-mail, link to, communicate, transmit, or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.

   2. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied or used in a way that constitutes copyright infringement.

   3. We will suspend your account if we receive repeated copyright takedown notices. In appropriate circumstances, we may also terminate your account, including if we consider you to be a repeat infringer.