Terms and Conditions

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 company registered in Seychelles, puts at the disposal of its users and clients. These Terms and conditions shall be governed and construed under Seychelles Law and shall be subject to that exclusive jurisdiction should any dispute, claim or disagreement arise 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 to 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, 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

You must be 18 years of age or older to access or use our Services. If you are using the Services on behalf of any entity: (a) you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity; and (b) references to “you” in these Terms refer to you and such entity, jointly.

Open Source Software

We suppose community based development. Hence our Services, including the Storage Platform, available for download as open source software. You agree to be bound by, and comply with, any license agreement that applies to this open source software. You will not indicate that you are associated with StorX in connection with any of your modifications or distributions of this open source software. The source code we release in connection with open source software is not part of the Services, and your use of that source code without interacting with our Services is not subject to these Terms. For clarity, though, when we host any software and enable you to access and use such software as a service through our websites and apps, then these Terms will apply to such access and use.

Use of the Services

The Services, including all text, videos, images, data, software, or other files, content, and materials contained on the Services, are the proprietary property of StorX and our licensors. Subject to your compliance with these Terms, you may use the Services on a non-exclusive basis for your own personal use. Nothing in these Terms will be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of StorX or any third party, whether by estoppel, implication or otherwise. To be clear, we do not claim any ownership over the content you submit via the Services.

Modifications to the Services

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

Repeat Infringer Policy and Copyright Complaints

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].

Trademarks

“StorX,” the logo, any other service names, logos or slogans that may appear on the Services, and the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are trademarks, service marks or trade dress of StorX and our suppliers and our licensors, and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder’s prior written permission. You may not use any meta tags or other “hidden text” utilizing “StorX” or any other name, trademark or product or service name of StorX without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any StorX trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.

Third-Party Content

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. This restriction does not apply to open source software we release, which you can use subject to the applicable open source software license terms; attempt to bypass or circumvent measures employed to prevent or limit access to any content, area or functionality on the Services, without providing prior notice to StorX of the method used to bypass or circumvent; use any of the Services other than for its intended purposes; or use the Services to engage in or promote any activity that violates these Terms.

User Content

• (a) The Services include areas that allow users to create, post, 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.
• 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 for your use of any interactive features and areas of the Services, and you represent and warrant that
  • 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;
  • your User Content will not violate any agreements or confidentiality obligations; and
  • your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
• 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.

Feedback

You may submit questions, comments, suggestions, ideas, original or creative materials or other information about StorX or the Services to us (collectively, “Feedback”). Feedback does not include User Content. We reserve the right to use Feedback for any purpose without compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.

Indemnification

• To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless StorX and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Company Parties”) from and against all claims, damages, costs and expenses (including attorneys’ fees) that arise from or relate to:
  • your access to or use of our Services;
  • your User Content (including any Storage Materials);
  • any Feedback you provide; or
  • your violation of these Terms.
• StorX reserves the right to exercise sole control over the defence, at your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth 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,

• 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;
• 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
• WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Storage Platform

The Storage Services enable you to store data and other materials (“Storage Materials”) via a distributed network of third-party devices (“Storage Nodes”) that comprise the Storage Platform. The Storage Platform is an interconnected set of Storage Nodes that independently operate open-source software to facilitate the storage of your Storage Materials. Users acting as Storage Nodes acknowledge that they must comply with local Privacy Law. The Storage Services are designed to encrypt Storage Materials locally on your device and then facilitate the distribution of such encrypted data fragments to the Storage Nodes. The Storage Platform and Storage Nodes are not operated or maintained by StorX, and StorX has no responsibility or liability for the Storage Platform or Storage Nodes. The Storage Services enable you to protect against loss of your Storage Materials due to the failure of any individual Storage Node by allowing you to configure the redundancy and distribution of your Storage Materials. You are solely responsible for your use of the Storage Platform, including for configurations that you deem appropriate to maintain access to your Storage Materials in a manner that meets your expectations. In order to use the Storage Services, you will need to register for an account (“Account”). In connection with your creation of any Account, you will

• provide accurate, current and complete Account information,
• maintain and promptly update your Account information as necessary,
• maintain the security of your Account, including by not using the same password for the Storage Services that you use for third-party services,
• not disclose your password or private keys to any third party, and
• immediately notify us if you discover or otherwise suspect any unauthorized activities in connection with your Account or the Storage Services. You acknowledge and agree that if you lose your password, you may not be able to recover any Storage Materials. One same person cannot hold various free StorX accounts.

Storage Materials

• 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.
• 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).
• You are solely responsible for ensuring that any processing of Storage Materials via the Storage Services is in compliance with all applicable laws. We make no representations or warranties regarding the suitability of the Storage Services for the processing of any particular types 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
  • “protected health information,” as defined under HIPAA,
  • “cardholder data,” as defined by the PCI DSS, or
  • “Sensitive Personal Data” as defined under the EU Directive 95/46/EC as enacted in the member states of the European Union.

Payment

• We will provide notice via the Storage Services of the fees applicable to use of the Storage Services ('Fees'). All Fees are exclusive of any applicable taxes unless stated otherwise, which are your sole responsibility. We will provide notice at least 30 days in advance of any increase to the Fees.
• Except where otherwise indicated via the Storage Services, we will charge all Fees to a payment method designated by you via the Storage Services that is acceptable to us. You represent and warrant that you are authorized to use the payment method you designate via the Storage Services and authorize us to charge all Fees to that method. If your payment method cannot be verified, is invalid, or is not otherwise acceptable, your right to use the Storage Services may be suspended automatically. Fees will be charged on a monthly basis based on the prior month’s usage. You can avoid incurring Fees at any time by discontinuing your use of the Storage Services to store your Storage Materials.
• Users with a free account who do not log in to their account for a period of one year will be considered inactive. Once a free account reaches that status, its files will be removed from the network in order to free up space for those free users who are actively using their account.
• Accounts on any of our premium plans who fail to renew their plan within a period of 7 days will be terminated.
• All users who buy any of StorX's premium plans will be eligible for a 30 day refund, unless they already receive a 30 day trial period of any of StorX's premium plan. After those first 30 days using any of our premium plans have passed, no refund will be applicable. To request a refund, you should reach out to us via email, at [email protected].
• Storage Nodes agree to let StorX generate invoices on their behalf, so that both parties can legally justify the payment StorX sends to Storage Nodes every month. The invoice will be issued by the Storage Nodes (with the personal details he specifies at sign up), to StorX. Storage Nodes can contact us and request those invoices at any time.

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 one year (this includes any account that has not uploaded, downloaded, shared or modified a file in a period of one year). 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.