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Thank you for using cloudbank.ch, Averto Gmbh! These terms and conditions of use (“Terms”) apply to the use of the Averto cloud service (“Service”) and any other related content and software (“Software”) by you and any third party or entity you are using/purchasing the Service on behalf of (together referred to as "You" or "Your"), so please carefully read them before using the Service or the Software. The Terms and the Service chosen by You are the basis of the agreement between You and Averto (“Agreement”). The Service is provided by Averto Gmbh, Switzerland. By using the Service or by downloading, installing, registering, copying or otherwise using the Software, You are consenting to be bound by these Terms.
If You do not agree to all of these Terms, any use of the Service is unauthorized and You may not download, install, register, copy or otherwise use the Software, or if You have previously downloaded the Software, You must stop accessing the Service and You must uninstall, remove or destroy the Software and any copies immediately.
If You complete the electronic registration process, by clicking the “Register”, or “Sign up” buttons, by using the Service or otherwise indicating acceptance of these Terms, You represent that:
•You have full legal capacity to contractually obligate yourself to these Terms and You are not barred under any applicable laws from to do so.
•You understand English and have read, understood and accepted these Terms stated herein.
•You may only use the Service in compliance with these Terms.
Averto is dedicated to continuous improvement of all parts of the Service, so if you have any question or feedback on these Terms, please let us know by sending an email to firstname.lastname@example.org
I. Access to the Service
1. In order to use our Service, You may need to complete a registration process. When You register to the Service, You must:
2. Provide information (“Registration Data”) which is true, current, complete and accurate.
3. Maintain and promptly update Registration Data to keep it true, current, complete and accurate.
4. Your registration application is evaluated by Averto, and if we discover that Your Registration Data is not true, not current, incomplete or inaccurate, Averto, at its sole discretion and without prior notice, is entitled to immediately terminate Your rights to continue to use the Service and to terminate the license to use the related Software.
6. The Service is not intended for use by You if You are under 18 years of age. By agreeing to these Terms, You are representing to us that You are over 18.
II. Ownership and security of Your Content
1. You retain full ownership to Your files, folders, directories, including their metadata (file name, , thumbnails, etc.) and any information You submit to Averto (together “Your Content”). We don’t claim any ownership to any of Your Content. These Terms do not grant us any rights to Your Content or intellectual property except for the following limited rights that are needed to run the Service: we may redundantly store or backup Your respective data as set forth below, and we might use trusted third parties, like Microsoft, to provide the Service. You give us the permission for all and any actions that we need to undertake to provide the Service. In particular, but not limited to, You agree that Averto may transfer Your data between its servers, to Your devices or to other people’s devices with whom You share content.
2. Averto states that Your Content, encryption key and password (together “Your Encrypted Content”) uploaded by You or otherwise submitted to the Service, are stored in an encrypted or non-invertible form. Your Encrypted Content cannot be decrypted or inverted by Averto or any third party. Your Encrypted Content can only be decrypted or inverted by You and persons You explicitly share Your Encrypted Content with. However, You agree that Averto may collect and store some limited information which is needed to run the Service, like Your contact and billing information, Your email address, messages sent to our support team, etc. in a non-encrypted form. You also agree that some third party provided parts of the Service might need different passwords then Your Averto account password, which may not be stored in a less secure form (referred together as “Non-Encrypted Content”). Averto transmits Non-Encrypted Content by using encrypted channels with reasonable care and skills. We need to have access to Non-Encrypted Content to provide and administer the Service, for example we need Your email address in a non-encrypted form to send You notifications.
3. You agree that Averto may transmit any data to trusted third parties only on a need-to-know basis (e.g. Your email address to the e-mail service provider) to provide the Service. We list those trusted third parties at https://Averto.com/used-trusted-third-parties. Averto states and emphasize that it transmits Your Encrypted Content only in encrypted form, which cannot be decrypted as stated before. You agree that Averto may also transmit any data stored by You to a third party, respecting all limitations and statements in paragraph 6. if Averto has a reason to believe that it is required:
1. To comply with any law or order issued by any legal authority.
2. To avoid infringement of the rights of a third party.
3. Protect the property of Averto or the personal safety of our users and the public.
III. Your Business Administrator
1. Your account might be part of a business account of an organization, which is administered by the organization’s own administrators (“Business Domain”). Administrators may have the right to suspend or delete your account, view your account’s usage, view and edit your profile data (e.g. Your name and Your email address), and Non-Encrypted Content.
2. If you are part of the Business Domain, Averto still stores Your Encrypted Content with client side encryption, but the Administrator may set up a Business Domain wide recovery master key with which the Administrator may reset your password and/or read or store Encrypted and Non-Encrypted Content in your account. In case your administrator use recovery key, this term supersedes the one stated in 6,7,13,15 by adding the Administrator and whoever have access to the recovery key might also access Your Encrypted Content. You can check if master key is used or not in the Settings/Account page.
3. Administrator should also have a Averto account, and multiple accounts might be promoted as Administrator in one Business Domain. The Administrator, and not Averto, is responsible for the internal management or administration of the Service, especially storing the recovery key – if such is used – securely.
4. You may register your account as a business account, part of a Business Domain, or you may convert your private account into a business account by joining a Business Domain. In that case, all your data will be also transferred into the Business Domain. You agree, that after You join to a Business Domain and have converted your account to a business account, you will not able to convert it back without deleting all your data stored in the Service. You understand and agree that you are responsible to assure that You are joining the right organization’s Business Domain. If you join the wrong Business Domain, You may give access to crucial information to the wrong organization.
5. If you are using the Service from a device owned by and organization or if the primary email address of Your account is owned by an organization and was assigned to you as an employee, contractor or member of the organization, an Administrator may require that You join a Business Domain and to convert your private account. In this case, You cannot use the Service without accepting the terms of that Business Domain and without joining that Business Domain.
IV. Security and Your responsibility
1. You understand that we use strong cryptography algorithms to protect Your data, and we do not have access to Your Encrypted Content. Due to encryption, Your responsibility might be higher than with regard to other similar services. You expressly take the responsibility, stated in these Terms.
2. Averto has no access to Your password and there is no way for Averto to recover Your password. You hereby take note and accept that if Your password is lost, Your Encrypted Content is irrevocably lost. Averto cannot be held liable if Your password is lost and Your Encrypted Content cannot be decrypted. WE STRONGLY RECOMMEND THAT YOU KEEP BACKUPS OF ANY CONTENT ON YOUR OWN SEPARATED SYSTEMS.
3. By using our Service, Your Encrypted Content will be encrypted using an encryption key which is unknown by Averto. You can read Your Encrypted Content only with Your password only known to You. Your Encrypted Content can only be read by other persons if You explicitly share Your Encrypted Content with other persons selected by yourself (“Shared User”).
4. You are solely responsible and liable for any content You upload, download, share or copy by using our Service or our Software. You hereby agree and undertake:
1. To respect data or content of third parties protected by copyright, patent, trademark, trade secret or other intellectual property (“Protected Content”).
2. Not to upload, download, share, or copy Protected Content or to use the Service otherwise with any Protected Content.
3. Not to upload a virus, trojan or any malicious code or software.
4. Not to use the Service to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, offensive or otherwise objectionable content or material of any kind or nature.
5. To comply with all applicable laws, rules and regulations.
6. Not to use the Service for any illegal purposes.
5. You agree that You are fully responsible and liable for all actions related to the Service of Your employees, consultants and auxiliaries.
6. You acknowledge that You are responsible and liable if You use the share functions of the Service and share files and any other content with Shared Users. We warn You and You confirm that You know and accept, that the shared content can be decrypted by Shared Users. So always consider what You share and with whom You share before You share confidential information with other persons. Do carefully check the email address of the person You like to share Your content. If You type not the right email address, an unknown and undesired user might get access to Your data.
7. Do not accept share requests, files or any other content from users You do not know or You do not trust. Averto has no responsibility for actions of persons You share data with. In particular, but not limited to, Averto is not liable for malware You receive from users You chose to share with.
8. Averto has no control with regard to the content stored and shared by its users using the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information You may be able to access using the Service.
9. You must keep Your password confidential, and must not authorize any third party to use the Service on Your behalf. You are responsible for all activities in relation to Your account. Averto is not liable for any loss or damage arising from any unauthorized use of Your account. In the event we have a reason to believe that an unauthorized person uses Your account or any other unauthorized use, Averto has the right, at its sole discretion and without prior notice, to suspend or disable Your account, or take any action to avoid any unauthorized use.
10. Averto NEVER sends emails asking for Your password.
11. You must contact us right away if You suspect misuse of Your account or any security breach in the Service.
12. Averto tries, with reasonable care and skill, to protect Your Content stored and synchronized on Your computer by using our Service. You accept that You are solely responsible to maintain, protect, update, secure and backup Your computer and Your locally stored and synchronized content.
13. Parts of encryption keys may be stored on Your computer (memory or persistent storage), or Averto may provide you a printable recovery encryption key. You are responsible for Your computer and any copy of your printed or otherwise archived recovery keys. Averto may provide you with remote device management, where you can remotely revoke access to Your account form any device and/or remotely wipe the data from any device. However, this feature may not be functional in all cases, for example when Your device is not connected to the Internet. Averto cannot be held liable if You computer is stolen or hacked and an unauthorized person gets access to Your Encrypted Data by accessing a locally stored copy, or by obtaining un-protected passwords or any encryption keys stored on Your computer.
V. Payments and pricing
1. Averto offers You upgrades. In order to upgrade, Your account must be bound with one or multiple plan(s) (“User Plan(s)”).
▪You can create User Plan(s) by creating subscription(s), and adding User Plans to it.
▪The subscription is the billing unit (“Subscription(s)”), which means if You have multiple Subscriptions, You will receive multiple invoices. Each Subscription has its own billing period, and can be monthly or yearly paid.
▪A Subscription is Your order, and can contain multiple User Plans in one Subscription. You can bind a User Plan to yourself, or to another user, for example to Your colleague, but only to one user. If You bind a User Plan to someone else, You are responsible for the usage of this User Plan by this person. If You accept a User Plan as beneficiary from another user, take note and accept that you are dependent from this person and take the risk that Averto may suspend the Service for reasons caused by this person.
▪Each User Plan has characteristics (“Feature Quota(s)”) included in the User Plan. A Feature Quota can be for example the storage quota, the maximum network bandwidth speed You can use our Service, etc.
▪If You are bound to multiple User Plans, we aggregate each User Plan if possible the following way (“Aggregated Feature Quota”): the storage quota included in each User Plan are summed up, and we provide You the Feature Quota, which we think, in our sole discretion, is the most beneficiary for You among the Feature Quotas included in any User Plan bound to You.
▪If Your account is transformed to a Business account, all your previous Subscriptions and User Plans under this account, other than one Business subscription You are transforming to, may be immediately cancelled and removed. Other accounts associated with non-Business domains will remain independent from this transformation.
2. After You have successfully created a Subscription, and You have bound yourself or another user to User Plan(s), we use reasonable commercial efforts to credit Your new Feature Quota as soon as possible, but in six hours after Your purchase. You agree that Your displayed available storage or other quota may not be current or accurate at any time, but Averto uses reasonable efforts to improve the accuracy and actuality.
3. Averto may provide You the Service for free of charge, providing a basic Feature Quota. You may also gain additional free service through Averto’s referral program or other promotion, as described in the promotions. Averto may also provide You a free trial period for a Business or other premium service Subscription, which may require preauthorization credit card charge. If the trial period ends, Averto may automatically convert your Subscription to a paying subscription and automatically charge You the Subscription fee, or Averto may decrease your Feature Quota to the basic free Feature Quota. You agree that if you started a trial for a Business subscription, Averto will not decrease your Feature Quota to the basic free Feature Quota if you decide not to continue with any paying Business Subscription and Averto will follow its normal procedure of Suspension and Termination. We reserve the right to, in our sole discretion, discontinue or modify any promotions, credits or other free offers anytime.
4. Payment of the Subscription fee will be by preauthorized credit card charge, and we will automatically charge Your credit card or other agreed payment options monthly or yearly, for each month, partial month or year, depending upon which billing period You have selected for the Subscription. You agree that Your Subscription is automatically renewed for the same period at the end of the billing period (“Renewal date”) unless You state otherwise one (1) day before the Renewal date.
5. We will automatically bill Your credit card or other agreed payment options each month or each year on the calendar day when You created Your Subscription. If Your Subscription has started on a calendar day not contained in a given month or year, Averto will bill Your credit card on the last day of such month or year.
6. If any fee of a Subscription is not paid in a timely manner, or Averto was not able to charge Your credit card with the payable fees, Averto has the right to suspend Your entire Subscription and revoke each Feature Quota included any User Plan from You or any user You have bound to. This means, we will decrease Your Aggregated Feature Quota to the aggregation of Your remaining User Plans.
7. You agree and authorize Averto to periodically authorize Your credit card in anticipation of account or related charges.
8. You must be authorized to use the credit card of which number You have entered.
9. You agree that if You do not provide Averto with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, You will be in violation of these Terms.
10. Your Subscription may include a time commitment (Committed Period; e.g. one year commitment with monthly payment). If you cancel, terminate or rescind a Subscription or terminate the Agreement during the Committed Period, we are entitled to charge you for the remaining Committed Period according to Your Subscription.
11. Averto reserves the right to change prices of Your Subscription. If there is a specific length and price offered to You, or You have a Committed Period, price will remain the same for that time. Averto will provide at least 30 days advance notice to You about the change of the price.
12. All payments by You to Averto are final, nonrefundable and there are no refunds or credits for partially used billing periods or partially used Committed Periods, except as stated herein (paragraph 57,84 and 85).
13. Unless specifically provided otherwise herein, payment of all fees are due and payable to Averto without demand, invoicing or notice before the commencement of the period to which those fees apply.
14. You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this license, use or possession of the Service, or any other product or service provided under these Terms, excluding taxes based on net income payable by Averto. If You are exempt from paying any sales, use or other taxes, You must provide Averto with appropriate evidence of tax exemption for all relevant jurisdictions.
VI. Proprietary Rights
1. All contents of the site (www.cloudbank.ch and any subdomains of cloudbank.ch), Software and Service and the associated computer programs including but not limited to design, logo, trademarks, domain names, text, software, technical drawings, configurations, graphics, patents, other files, and their selection and arrangement, any other intellectual and industrial property or proprietary rights (“Service Content”) are protected by copyright and other intellectual property laws, and owned by Averto and/or its suppliers, affiliates, or licensors.
2. Unless we have specifically permitted herein, no portion of the Service Content may be reproduced, modified, distributed, published in any form, or by any means, without prior written permission from Averto, and You are not permitted to create any derivative works of Service Content. Averto does not give You any license to our intellectual property. Any rights not expressly granted herein are reserved, and no title to or ownership of any proprietary rights related to the Service is transferred to You pursuant to these Terms.
3. We may use any feedback, ideas, comments, enhancement requests, recommendations or suggestions (“Suggestions”) You send us or post in our forums without any obligation to You, and You hereby grant to Averto a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Suggestions.
VII. Software and user license
1. Averto grants You a non-exclusive, royalty-free, revocable and, except as expressly provided for in these Terms, non-transferable right and license to use the Software related to the Service (“Licensed Software”), solely in accordance with these Terms. Licensed Software is licensed, not sold.
2. On the basis of these Terms, You may download, install, and benefit from using the functionality of the Licensed Software solely in accordance with these Terms and the technical documentation (Documentation).
3. Your license to use the Licensed Software is automatically revoked if You violate these Terms in a manner that implicates our Service Content.
4. The Licensed Software requires You to register prior to its first use. Following the registration, the Licensed Software may be used by You with Your own Registration Data given at the registration on five computer systems it is installed upon, including desktop and mobile systems.
5. You may not:
1. Modify or create derivative works based on the Licensed Software or on the Service.
2. Remove or modify any Service Content, disclaimer or warning notice included or embedded in any part of the Service or in any part of the Licensed Software or any copy thereof.
3. Analyze, decompile, disassemble, reverse engineer, or otherwise attempt to derive all or any part, particularly the source code of the Licensed Software, except for the scope in which such limitation is explicitly prohibited by law. For any release from these limitations the prior written express consent of Averto is required.
4. Distribute, rent, lease, sell, sublicense or otherwise transfer all or part of the Licensed Software or the Service to any person.
5. Permit the Licensed Software to be accessed through “shareware” distribution process.
6. On the basis of these Terms, the You may allow, permanently or temporarily, another person to use the installed Licensed Software downloaded on and installed to any of Your computer systems (“Third Party User”), on condition that:
1. The use of the Service by the Third Party User may not violate any provision of these Terms, and that You remain responsible for the use of the Service by the Third Party User in accordance with these Terms.
2. The Third Party User agreed to these Terms, in particular, registered and uses the Service with his/her own Registration Data.
3. That You shall not be entitled to charge the Third Party User money or fees for the use of the Service or Licensed Software on whatsoever legal title.
4. The use of the Service by the Third Party User will not entitle You to any compensation from Averto.
7. The Licensed Software may contain third party, open-source, well-analyzed software components (“Third Party Component”), and each of them are chosen with reasonable care. Averto acknowledges the efforts of the open-source developers, and what they have done for the community so far.
VIII. Updates and changes to the Service
1As part of the development of the Service, Averto has the right, in its sole discretion, anytime (i) to add new features, (ii) add new third party software components or (iii) to modify or discontinue features (together as Changes).
2. If Averto makes a Material Change of the Service, as defined hereafter, Averto will notify you 30 days before the changes become effective by sending you an email and by a notification inside the Service. You understand and accept that You have 30 days after sending the above mentioned emails to explicitly accept such changes. After 30 days, we may limit your access to any part of the Service until changes are not explicitly accepted by You.
3.Material Change(s) means a substantive Change that would be of importance or consequence to the User, which may include:
1. Changes to privacy practices, meaning changes relating to practices regarding notices, disclosure, use and collection of submitted data, or measures for data security, integrity, or access.
2. Material update or substantive revision to Licensed Software functionality which may negatively affect the security of your data.
3. Material Changes do not include any changes which solely affect the performance or integrity of the Software Unit, such as increases in speed, reliability, or information security.
4. Averto has the right to make any Changes which are non-Material Change without prior notice to you.
5. If You have paid to use the Service and we materially downgrade its functionality, we will provide You with an adequate and proportional refund of any pre-payment, as we determine appropriate.
6. You are responsible to keep the Licensed Software up to date. You expressly agree that some parts of or the whole Licensed Software might be updated automatically, with or without prior notice to You. In other cases, You may need to download and install the latest version of the Licensed Software. You agree that if You do not keep the Licensed Software up to date, the Service or certain features may cease to be available or may not properly perform. Any updates provided by Averto to You shall be deemed to be subject to these Terms unless Averto indicates otherwise.
IX. Compliance with Laws
1. The transactions contemplated hereby may be subject to the customs and export/import control laws and regulations of Your country of residence and the countries where our data storage and recovery facilities are located. You agree to comply with all customs and export laws and all other applicable laws, statues, ordinances and regulations relating to use of the Service. You acknowledge that violations of these Terms could subject You to criminal or civil penalties.
2. There may be restrictions and limitations on the import, possession, use, transfer, export and/or re-export to another country of encryption software under the laws of the country in which You intend to use the Service. It is Your sole obligation and responsibility to check such limitations before using the Service and to comply with such restrictions and limitations.
3. Averto respects anyone’s privacy, but we also respect embargo legislations. You cannot download and use the Licensed Software if:
▪You are located in, national or resident of Cuba, Iran, North Korea, Sudan, Syria or any other country to which Switzerland, the European Union or the United States has embargoed goods.
▪You are a person or entity which is prohibited from receiving export from Switzerland, the European Union or the United States.
4. By subscribing to the Service or using any of the Licensed Software, You represent and warrant that You are not - and are not controlled by - any such person or entity and are not controlled by a national or resident of any such country.
1. Provided as-is
1. If You are paying for the Service, we promise that we will try to operate the Service with reasonable care and skill and will use reasonable commercial efforts to promptly remedy any faults of which we are aware. However, we provide the Service “as is” and “as available”, , without express or implied warranty or condition of any kind and You shall use it at Your own risk. To the maximum extent permitted by applicable law, we also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement or any warranty that the Service are of any particular quality or purpose and correspondence to the Documentation.
2. Disclaimer of liability
1. Averto’s liability for simple negligence and for auxiliary persons is excluded. To the maximum extent permitted by the applicable law, Averto shall in no event be liable for any lost profits, revenues, or business opportunities, loss of use, loss of data, loss of confidential or other information, business interruption and any other direct, indirect, special, incidental, criminal, subsequent or consequential damages whatsoever, whether based on contract, tort, negligence, product liability or otherwise, arising out of or in any way related to the use of or inability to use the Service or the support and maintenance services (if any) by You, regardless whether Averto has been advised or should have had knowledge of the possibility of such damages.
3. Force major
1Averto will not be liable to You or to any other person for failure to perform or any delay in the performance of the Service due to fire, flood, war, riot, strike, explosion, lock out, injunction, natural disaster, interruption of transportation, acts of war, terrorism, labor disputes, acts of civil or military authority, power blackouts, computer viruses, or any other event beyond Averto’s reasonable control.
1. You agree that the sole and exclusive remedy for unsatisfactory Service shall be termination of the Service and a refund of any amount actually paid by You for the current Service term. Aggregate liability, including any negligence on Your part, for all claims relating to the Service is limited to the amounts paid by You to Averto for the past six months of the Service in question.
5. High Risk Activities
1. The Service is not intended for use in hazardous environment requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation, air traffic control or aircraft communication systems, direct life support machines or weapon systems in which the failure of the Service could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, Averto and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
6. Indemnification[Text Wrapping Break]You shall indemnify, defend, and hold harmless Averto and its employees, affiliates, contractors, and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, without limitation, reasonable attorneys’ fees) arising from or related to:
1. Any breach of these Terms by You.
2. Any infringement of the Protected Content by You.
3. Any fraud or manipulation by You.
4. Any claims for infringement of any third party rights arising from or related to Your data.
5. Any claims of credit card fraud based on any information released by You.
7. Averto will reasonably notify You of any such claim or demand that it is subject to Your indemnification obligation.
XII. nfringement of Protected Content
1Averto respects the intellectual property rights of third parties, and Averto does not tolerate any infringement of such rights by its users. We will respond to notices of alleged copyright infringement if they comply with the applicable law and are properly provided to us. We will take whatever action we deem to be appropriate, in our sole discretion, such as deleting or disabling content alleged to be infringing and to suspend or terminate Services and accounts.
2. Notices should be sent to:
3. All infringement notifications must be submitted in writing to the Averto Copyright Infringement Agent, and the following information must be included:
1. Identification of the Protected Content claimed to be infringed.
2. Identification of the material or link allegedly hosting the infringing content, including the URL and the client side decryption key for that.
3. The copyright owner’s contact information (including mailing address, telephone number, and email address).
4. A statement declaring that
5. “I hereby state that I have a good faith belief that the use of the Protected Content is not authorized by the copyright owner, its agent, or the law,”
6. “I hereby state that the information in this notice is accurate”
7. “I hereby state, that I am the owner or am authorized to act on behalf of the owner of the copyright that is allegedly infringed;”
4. The full name and electronic or physical signature of the copyright owner or the copyright owner’s agent.
XII. Acceptable use
1. You agree not to misuse the Service. You promise that You will not, will not attempt to or will not encourage or assist any third party to or attempt to:
1. Access or use the Service in a way intended to improperly avoid incurring fees or exceeding any Feature Quotas. You are not eligible to use or create multiple user accounts for the purpose of gaining additional cloud storage. One natural person can hold only two user accounts (e.g. a business and a personal account) at the same time.
2. Use the Service to access, change, damage, delete or edit data without authorization.
3. Use any unauthorized means to modify, reroute, or gain access to the Service.
4. Misrepresent Your identity, including without limitation by representing that You are a Averto employee or representative or another user of the Service.
5. Try to access the Service with unauthorized software.
6. Damage, disable, overburden or impair the Service or any network connected to the Service.
7. Use the Service, directly or indirectly, to offer any service that competes with the Service.
8. Participate in any group that encourages violation of these Terms.
9. Probe, scan, or test the vulnerability of any system or network. Averto may, in its sole discretion, make exceptions to this duty and allow hacking activities against and limited to its non-production infrastructure (“Hacker Arena”).
10. Participate in any activity which interferes or may interfere with the efficiency of the Service.
11. Use the Service in a way that infringes Protected Content.
12. Use the Service to facilitate any mass mails, spam, chain letters, snowball systems, or similar communications, regardless of whether they are commercial in nature.
13Use the Service to collect, store or transmit personal data of any person without such person’s consent.
14. Store or transmit any software or data containing any virus, malware, trojan, spyware or other software or program code that is malicious in nature.
15. Send us untruthful abuse reports.
16. Abuse Averto referrals to get more credit for referrals than deserved.
17Violate the law in any way, or to violate the privacy of others, or to defame others.
1. If Your usage is above what is enabled by Your current Aggregated Feature Quota, Averto will notify You about Your overuse. If, in 15 days upon the delivery of such notice, You do not upgrade and increase Your Feature Quota to fit in with Your actual usage, or if You do not decrease Your usage, for example, by deleting files, Averto may, at its sole discretion and without further notice, block Your access to the Service, curtail and restrict our Service (e.g. restrict the maximum number of tresors or the maximum number of member per tresor) terminate Your account, or delete some or all of Your files, account information, settings or any other data from its systems, so as to reduce Your storage space available according to Your current Aggregated Feature Quota.
XIV. Inactive Free Accounts
1. If You have chosen a plan with no charge (“Trial Account”) and if Your Free Account was inactive for at least 30 days and no valid User Plan is bound to Your Free Account, Averto will send You a notice. Fifteen (15) days after such notice, Averto may suspend Your Free Account or delete all of Your Content related to Your Free Account, and/or we may terminate the Agreement between You and Averto.
1You can use our Services during the agreed time (Subscription period).
2You agree that Your Subscription is automatically renewed for the same period at the end of the Subscription or Committed Period (“Renewal date”) unless You state otherwise one (1) day before the Renewal date.
1. Averto may monitor the use of our Service.
2. Averto may immediately upon notice to You (i) suspend Your or any other user’s right to access or use any portion or all of the Service and/or (ii) suspend Your account(s) and/or (iii) curtail and restrict our Service (e.g. restrict the maximum number of tresors or the maximum number of member per tresor) if:
1. We have a reason to believe that You are, or Your account has been used in breach of these Terms or any applicable laws. In such case we may suspend Your account without any prior notice.
2. We are unable to verify or authenticate Your provided information to us.
3. You are more than 30 days late on any payment (in particular on Your Subscription fees).
4. You become the subject of any bankruptcy, dissolution or similar proceeding.
3. Our right to suspend Your or any other user’s right to access or use any portion or all of the Service is in addition to our right to terminate the Agreement.
XVII. Effects of Suspension
1. If we suspend Your right to access or use any portion or all of our Service,
1. You remain responsible and liable for al fees and charges which have incurred up to the date of suspension;
2. You remain responsible and liable for any applicable fees and charges for any Service to which You continue to have access;
3. We will not erase and delete any of Your Content as a result of Your suspension, except as specified elsewhere in these Terms.
XVIII. Termination by the Customer
1. You may stop using the Service at any time. If You just stop using the Service, this does not terminate the Agreement and Your obligations.
2. Termination for convenience: You may terminate this Agreement in Your sole discretion and for any reason by (i) closing Your account(s) for all Services with an account closing mechanism or (ii) by contacting support at email@example.com
3. There is no refund for any pre-paid service. If You terminate the Subscription, Your Subscription will not be renewed. If Your Subscription included a time commitment (Committed Period) and You terminate the Subscription before the Commitment Period expires, we are entitled to charge You the remaining fees until the end of the commitment.
4. We may ask You for indication of reasons to terminate, but even if we would be quite happy to get feedback, You are not obligated to share such reasons.
5. Termination for cause: You may terminate this Agreement for cause upon 30 day advance notice to Averto if there is any material default or breach of the Terms by Averto, unless we have cured the material default or breach within the 30 day notice period. In case of termination for cause, we will provide You with a pro-rata refund of any pre-payment.
XIX. Termination by Averto
1. Termination for convenience: Averto may decide, in its sole discretion and at any time, to discontinue the Service and/or to terminate the Agreement by providing 30 days advance notice. In this case, we will provide You with a pro-rata refund of any pre-payment.
2. Termination for cause: Averto may terminate Your account for cause immediately upon notice to You if:
1. We have a reason to believe that You are, or Your account has been used in breach of these Terms or any applicable laws. In such case we may terminate the Agreement without any prior notice.
2. We are unable to verify or authenticate Your provided information to us.
3. You may subject us, our affiliates, or any third party to liability.
4. You are more than 60 days late on any payment (in particular on Your Subscription fees).
5. In order to comply with the applicable mandatory laws or, to comply with the final court order of a competent judicial body.
6. You become the subject of any bankruptcy, dissolution or similar proceeding.
XX. Effects of Termination
XXI. General Effects of termination: upon any termination of this Agreement:
1. All Your rights under this Agreement immediately terminate.
2. You remain responsible and liable for all fees and charges You have incurred up to the date of termination;
3. You agree (i) that You stop any use of the Service or the Licensed Software, (ii) that You erase and delete any Licensed Software You have downloaded on Your Systems or on Your devices and (iii) that You undertake not to access Averto’s systems or the Service by whatever way and means; in particular, but not limited to, You undertake not to access the Service via the user account of a third party.
4. Sections IV, X and XI of these Terms and in particular all disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law survive any termination, expiration or rescission of these Terms.
XXIII. All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law survive any termination, expiration or rescission of these Terms.
1. Changes in Terms
1We may revise these Terms from time to time due to changes in our Service and the laws that apply to us and You. If we make any revision, we will notify You to take notice of the "Last Updated" version of these Terms posted on our website. If a revision, in our sole discretion, contains a Material Change we provide You an email notification 30 days before the change of Terms become effective and we notify you inside the Service. You understand and accept that You have 30 days after sending the above mentioned emails to explicitly accept such changes. After 30 days, we may limit your access to any part of the Service until changes are not explicitly accepted by You. Any non-Material Changes will be effective upon posting, and any Material Change will be effective 30 days after posting the revised version of these Terms on the Service,. If You do not agree to the new terms, please stop using the Service.
2. Governing law and Jurisdiction
1. The Agreement shall be governed by and construed and interpreted in accordance with the substantive laws of Switzerland, excluding the Swiss conflict of law rules. The parties specifically exclude applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any Incoterms.
2. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution (ICDR) in accordance with its International Arbitration Rules. The number of arbitrators shall be one (1) as shall be selected by the ICDR. The place of arbitration shall be Zurich, Switzerland. The language of the arbitration shall be English. The validity, interpretation, and construction of this contract shall be governed by the laws of Switzerland.
3. These Terms and all associated Documentation to which they refer to have been written in the English language and the parties agree that the governing language is English. All communications and any dispute associated with these Terms shall be in the English language.
1If any provision of these Terms is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
4. Identifying You as user
1. Averto shall have the right to publish and identify You as a user of the Service. You agree that Averto may use any logo and/or name associated with You on our website and other marketing materials in order to identify You as a Averto user.
2. We respect Your privacy, and You can ask us to stop identifying You anytime. If we receive Your written notice sent to support@Averto.com on the day You registered, we don’t have the right to identify You. Afterwards, within 30 day after recipient of such notice sent to support@Averto.com, we shall stop identifying You on any new marketing materials or on our website.
5. Other agreements
1These Terms and all associated Documentation to which they refer to constitute the entire and exclusive agreement between You and Averto with respect to the Service, and supersede and replace any prior representations, understandings, contract or oral or written statements regarding Your use of the Service or the subject matter of these Terms.
1You accept that we may send You notices or communications to Your email address provided during registration, or otherwise by any means, in our sole discretion, which by it is likely we can reach You. Any notice shall be deemed delivered if was sent to Your email address provided during registration. It is Your responsibility to regularly check Your email account for new emails and to make sure emails from Averto can pass Your spam and/or other filters. All notices sent by You to Averto in connection with these Terms be in writing and sent by first class mail or certified mail (receipt being deemed 72 hours after postage and return receipt requested) or personally delivered at the address of Averto Gmbh, Büelstrasse 7, CH-9052 Niederteufen, Switzerland.
7. Expiration of claims
1Both parties agree that except for claims related to the indemnification obligations above, all claims arising under or related to these Terms must be brought within two years after the date the cause of action arose.
8. Prevailing party
1In the event either party brings an action against the other to enforce any term of these Terms, the prevailing party in such action shall be entitled to recover the court costs and reasonable attorney’s fees at trial and on any appeal.
1The failure of either party to enforce a provision is not a waiver of its right to do so later. The waiver by Averto of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of these Terms.
1Any remedy made available to Averto by any of the provisions of these Terms is not intended to be exclusive of any other remedy.
11. Third party services and content
1. The Service may contain features and functionalities linking You or providing You with certain functionality and access to third party websites and services. Averto has no influence on the contents of these linked pages, dissociates itself herewith explicitly from all such contents, and makes no warranty whatsoever with respect to such links, websites, or services.
1You may not assign Your rights or obligations under these Terms without Averto’s express written consent.
13. Third party beneficiary
1Averto and You are not legal partners or agents; instead, our relationship is that of independent contractors. No simple partnership is intended. These Terms create no third party beneficiary rights.
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