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Application Usage Terms

Last Updated: June 10, 2021.

These Terms and conditions ("Conditions") are the Terms and conditions that regulate access to and use of the website and services that StorX Foundation ("StorX"), a Foundation registered in Seychelles, puts at the disposal of its users and clients. These Terms and conditions shall be governed and constructed under Seychelles Law and shall be subject to that exclusive jurisdiction should any dispute, claim, or disagreement arising from them. StorX may update and amend these Terms and Conditions at any time and without prior notice, to adapt them to current regulations and technological or business changes.

The User should frequently verify the Terms and Conditions to ensure they always have the most up-to-date version. By accessing or using the websites, mobile applications, and online services of StorX Foundation, including StorX.tech, Storx.io, (collectively, the "Services") you will be bound by these Terms of Use ("Terms") and all terms incorporated by reference. If you do not agree to these Terms, you may not access or use the Services.

If you have any questions regarding these Terms, please contact us at [email protected] Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

Eligibility; Authority

You must be 18 years of age or older to access or use our Services.

Copyright Policy

We have a policy of limiting access to the Service and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify us using the email address [email protected]

Changes to the Services

We reserve the right, in our sole discretion, to change/update/modify the Services (or any features or functionality of the Services) at any time without notice and obligation or liability to you.

Third-Party Content/Interaction

We may display third-party content, advertisements, links, promotions, logos, and other materials through the Services (collectively, "Third-Party Content"). We do not control, endorse, sponsor or adopt any third parties referenced on the Services or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Your interactions with Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties, and StorX is not responsible or liable in any manner for such interactions or Third-Party Content. When you leave the Services and enter a third-party site or service, our terms and policies no longer apply.

User Conduct

You will comply with all applicable laws in connection with your access and use of the Services, and you are solely responsible for your conduct while accessing or using the Services. Further, you will not: engage in conduct that is harassing, threatening, intimidating, or stalking, or that we otherwise deem objectionable; use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner; reverse engineer any aspect of the Services or do anything that might discover the source code of the Services (other than in connection with open source software we release); violate, infringe or misappropriate any intellectual property or other third-party right or commit a tort; modify, copy (other than standard page caching), publicly perform, publicly display, sell, rent, lease, timeshare or otherwise distribute the Services, in whole or in part.

User Content

  1. The Services include areas that allow users to create, directories, upload, share or store content, including, but not limited to, photos, videos, sound, text, graphics, code, items or other information and materials, including Storage Materials (collectively, "User Content"). "Storage Materials" refers to any User Content provided or otherwise processed via our Services for storage on the Storage Platform.
  2. We do not own, control or endorse any User Content that is transmitted, stored, or processed via the Services. You are solely responsible for any of your User Content and your use of any interactive features and areas of the Services, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in this Agreement; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary rights, including the right of publicity or privacy, of any person or entity.
  3. You will not create, post, share or store User Content that: is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, otherwise create liability or violate any local, state, national or international law; contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; impersonates, or misrepresents your affiliation with, any person or entity (including StorX); references or depicts StorX or our Services but fails to disclose any material connection to us that may exist; contains any unsolicited promotions, political campaigning, advertising or solicitations; contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose StorX or others to any harm or liability of any type.

Indemnification

  1. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless StorX and our respective past, present, and future employees, founder, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the "Parties") from and against all claims, damages, costs, and expenses (including attorneys' fees) that arise from or relate to: (i) your access to or use of our Services; (ii) your User Content (including any Storage Materials); (iii) any Feedback you provide; or (iv) your violation of these Terms.
  2. StorX reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in place of, any other indemnities outlined in a written agreement between you and StorX.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN THE AGREEMENT, (A) THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AS TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED; AND (C) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL STORX OR ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR OTHERWISE RELATED TO THE AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF StorX AND THE COMPANY PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE GREATER OF ANY COMPENSATION YOU PAY TO US FOR USE OF THE SERVICES OR USD $100.
  2. THE LIMITATIONS SET FORTH WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, OR RECKLESS MISCONDUCT OF STORX.

Release

To the fullest extent permitted by applicable law, you release StorX and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code ยง 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH STORX AND LIMITS HOW YOU CAN SEEK RELIEF FROM US.

Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, "Disputes'') in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and StorX (a) waive your and StorX respective rights to have any Disputes arising from or related to this Agreement or the Services resolved in a court, and (b) waive your and StorX's respective rights to a jury trial. Instead, you and StorX will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

Any dispute arising out of or related to this Agreement or the Services is personal to you and StorX, and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to StorX will be sent by e-mail to [email protected] Notice to you will be by email to the then-current email address in your Account. Your notice must include (a) your name, postal address, email address, and telephone number, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific resolution/update that you are seeking. If you and StorX cannot agree on how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Storx may, as appropriate and per this Section, commence an arbitration proceeding or, to the extent specifically provided for in Section 17.1, file a claim in court.

Any arbitration will occur in Seychelles. The arbitration will be conducted confidentially by a single arbitrator following the rules of the Arbitration. The state and federal courts located in Seychelles will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county where you reside if the Dispute meets the requirements to be heard in small claims court.

This Agreement and the applicable Arbitration, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in a court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understood the rules of Arbitration, or (b) waive your opportunity to read the rules of Arbitration and any claim that the rules of Arbitration are unfair or should not apply for any reason.

Severability

If any term, clause, or provision of this Agreement is held invalid or unenforceable, then that term, clause, or provision will be severable from this Agreement and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause or provision of this Agreement.

Termination or Suspension

Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate this Agreement or suspend your right to access the Services. You may terminate this Agreement without notice by discontinuing the use of the Services. All rights and licenses granted to you under this Agreement will immediately be revoked upon our termination of the Agreement or our suspension of your access to the Services, and you must immediately submit payment for any fees payable to StorX under the Agreement (as specified). All StorX plans are regulated under a fair-use policy, under which no user might over-use storage space or allocated bandwidth limits. StorX reserves the right to prevent or stop any customer's use of StorX services that appears to be abusive or is unduly burdensome. For more information on how this policy applies to your service plan, please contact us.

Amendment

We reserve the right to change the terms of this Agreement from time to time at our sole discretion. If we make changes to the Agreement, we will provide notice of such changes, such as by posting the revised Agreement terms to the Services and updating the "Last Updated" date at the top of these Terms and the Storage Terms. Your continued use of the Services will confirm your acceptance of the revised Agreement. If you do not agree to the modified Agreement, you must stop using the Services.

Service Level

  1. StorX has made commercially reasonable efforts to meet the following service level commitment: except for scheduled maintenance, our Storage Services will be available 99.96% of the time. We calculate availability based on the service records we maintain. We will use reasonable efforts to notify you in advance of any scheduled maintenance.
  2. Our SLA Obligations do not extend to any unavailability of the Storage Services that is caused by:
    1. any hardware or software that you use in connection with the Storage Services;
    2. misuse of our Storage Services or the Storage Platform, including use in breach of the Agreement or use other than by any documentation or other instructions provided by StorX;
    3. circumstances or events beyond the reasonable control of StorX or our Storage Node Operators; or
    4. our suspension or termination of your access to the Storage Services according to the rights we have reserved under the Agreement.

Storage Materials

  1. StorX will not be responsible for any loss, misuse, or deletion of Storage Materials or any failure of any Storage Materials to be stored or encrypted. You are solely responsible for backing up any Storage Materials.
  2. You are responsible for properly configuring and using the Storage Services to store your Storage Materials via the Storage Platform, and for maintaining appropriate security of your Storage Materials, which may include the use of encryption. We reserve the right at any time, without notice, to remove, reject or delete any Storage Materials that contain plain text data or otherwise violate the terms of this Agreement (including StorX Terms of Use relating to User Content).
  3. You are solely responsible for ensuring that any processing of Storage Materials via the Storage Services complies with all applicable laws. We make no representations or warranties regarding the suitability of the Storage Services for the processing of any particular type of data. You will provide all notices to, and obtain any consents from, third parties as required by applicable law in connection with the processing of Storage Materials via the Storage Services. You must not process any Storage Materials that include sensitive data that require heightened security protections, including any
    1. "protected health information," as defined under HIPAA,
    2. "cardholder data," as defined by the PCI DSS, or
    3. Sensitive Personal Data" as defined under the EU Directive 95/46/EC as enacted in the member states of the European Union.

Effect of Suspension or Termination

If your access to the Storage Services is suspended or terminated, you will no longer have access to the Storage Materials processed via the Storage Services for storage in the Storage Platform, and your Storage Materials may not be recoverable. If we terminate or suspend your access to the Storage Services for reasons other than your breach of the Agreement, we will make commercially reasonable efforts to provide you an opportunity to retrieve your Storage Materials via the Storage Services. We will terminate any free accounts that have no activity for 9 months (this includes any account that has not uploaded, downloaded, shared, or modified a file in 9 months). We will also terminate accounts under any of our paid plans that fail to renew their plan after 7 days from the payment renewal deadline. Appropriate notice will be given to the user to try to avoid account termination.

Miscellaneous

The Agreement constitutes the entire agreement between you and StorX relating to your access to and use of our Services. We may assign our rights and obligations under the Agreement. The failure of StorX to exercise or enforce any right or provision of the Agreement will not operate as a waiver of such right or provision. We will not be liable for any delay or failure to perform any obligation under the Agreement where the delay or failure results from any cause beyond our reasonable control. Except as otherwise provided herein, the Agreement is intended solely for the benefit of the parties and is not intended to confer third-party beneficiary rights upon any other person or entity.

Collection & Processing of Personal Information

Most of our web pages are accessible without providing any personal information, but in some cases, this information is necessary to provide you with the services you request from us.

If we need to collect personal data to provide you with the service, we will process the information under the policy set out in this document and in the specific terms and conditions of the particular service in question (if any), which contain specific privacy statements about the use of the data and inform you why, for what purpose, how, for how long we process your personal data and what security measures we implement.

Collection & Data Handle

The collection and processing of personal data that you may provide to us are carried out by StorX Foundation or, where appropriate, its data processors. Concerning the latter case, these processors are third parties who are contractually required to ensure that their activity respects the law and implements appropriate security measures to protect such data.

The personal data that we request from you, or that you provide to us as a result of your browsing, is used by us to manage, provide and improve the services you have requested from us.

For example, we will process your data to manage the queries you send us, content and to send you electronic communications if you so request, and/or for the preparation of statistics. In this sense, we ask you for an e-mail address when you use our contact forms on the web. We only collect the sender's data necessary to respond to you. When you subscribe to our newsletters we also ask you for an email to provide the service, in any case, you can manage your unsubscribe from the service whenever you want and we put means at your disposal to do so.

Personal Information Processing

We collect personal information only to the extent necessary to achieve a specific purpose. The information will not be used for a purpose incompatible with the one described.

We only disclose the information to third parties if it is necessary for the fulfillment of the purpose of the service and only to persons who need to know them. All this to be able to provide the service by treating your data with confidentiality and reserve, under current legislation. In any case, our company adopts security measures to protect the data against possible abuse or unauthorized access, alteration, or loss.

Duration for Retention of Personal Information

We store data only for the time necessary to fulfill the purpose of its collection or further processing. The period of data retention will depend on the service.

Personal Information Procession

Customers

We process your data to (i) manage your purchase or service provided; (ii) maintain the contractual and pre-contractual relationship for billing, preparation of estimates/ budgets, and follow up on the same as well as send you information by electronic means that deal with your request; (iii) sending communications on commercial information by electronic means that may be of interest to you, provided there is express authorization; (iv) we may develop a commercial profile based on the information you provide us to offer products and services according to your current plans

Suppliers

Personal data is the purpose for (i) invoicing and (ii) maintaining business contact, (iii) as well as sending you information by electronic means about our products or services.

Web or E-mail Contacts/Online Interaction

We process your data for (i) answering your queries and requests; (ii) managing the requested service or processing your order; (iii) sending you commercial information by electronic means that may be of interest to you, we may create a commercial profile based on the information you provide us to offer you products and services according to your interests. No automated decisions will be made based on such a profile.

Bounty & Contests Participants/Winners

We process your data to manage your participation in the contests we organize as well as to publicize the winners of the contest and the awards ceremony across media. All Winning participants may be photographed or videotaped and disseminated in any of the media, our website, or other media. Consequently, the image of the participants may be captured, recorded, and/or reproduced in an ancillary way to the main activity.

Sending Newsletter

The Web Page allows the option of subscribing to the StorX Newsletter. To do so, it is necessary to provide an e-mail address to which it will be sent. Such information will be stored in a database of StorX Foundation in which it will be registered until the interested party requests to unsubscribe from it or, where we cease to send it. The legal basis for the processing of this personal data is the express consent given by all interested parties who subscribe to this service by checking the box provided for this purpose.

The email data will only be processed and stored to manage the sending of the Newsletter by users who request it.

Security

StorX takes reasonable measures to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.

Transfer of information to governing authorities

StorX is based in Seychelles and the information we collect is governed by Seychelles law. By accessing or using our Services or otherwise providing information to us, you consent to the processing and transfer of information in and to Seychelles and other countries, where you may not have the same rights as you do under your local law. Where this is the case, we will take appropriate measures to protect information about you under our Privacy Policy. Since StorX uses client-side end-to-end encryption, it cannot know the content a user has under his StorX account.