Effective: 1 January 2020
INFORMATION YOU ARE REQUIRED TO PROVIDE
We require you to provide certain pieces of personal information in order to register you with us and work as designed. Requested information for use of the Services may include, but is not limited to:
We will also collect non-personally identifiable information. This will typically include:
We collect this data to best serve our users. This information will never be released to others on a personally identifiable basis but may be released in a compiled manner.
PRIVACY OF FILES
This is the section of this Policy that covers the actual encrypted files that you upload, access and share using our services (“Your Files”). The following specific terms apply:
PRIVACY OF CHATS
This is the section of this Policy that covers the content of your text, voice and video chats (“Your Chats”). The following specific terms apply:
WHY WE NEED YOUR INFORMATION?
We collect your personal information for the following purposes.
We have a team dedicated to keeping your information secure and testing for vulnerabilities. We continue to work on features to keep your information safe in addition to things like two-factor authentication, encryption of files at rest, and alerts when new devices and apps are linked to your account. We deploy automated technologies to detect abusive behaviour and content that may harm our Services, you or other users.
When you sign up for an account with us, we’ll retain information you store on our Services for as long as your account exists or for as long as we need it to provide you the Services. If you delete your account, we’ll initiate deletion of this information after 30 days. Please note: (1) there might be some latency in deleting this information from our servers and backup storage, and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes or enforce our agreements.
To provide you with the Services, we may store, process and transmit data in the United States and locations around the world – including those outside your country. Data may also be stored locally on the devices you use to access the Services.
EU-US Privacy Shield and Swiss-US Privacy Shield. When transferring data from the European Union, the European Economic Area, the United Kingdom and Switzerland, Dropbox relies on a variety of legal mechanisms, including contracts with our customers and affiliates. Dropbox complies with the EU-US and Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use and retention of personal data transferred from the European Union, the European Economic Area, the United Kingdom and Switzerland to the United States. Dropbox has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such data. You can find Dropbox’s Privacy Shield certification here. You can also find out more about Privacy Shield at https://www.privacyshield.gov.
You have control over your personal data and how it’s collected, used and shared. For example, you can:
Welcome to our website. These terms and conditions provide your use of our website and services provided therein. Throughout these terms and conditions, the terms “we”, “us” and “our” refer to Krypto X OÜ whereas, “you”, “your” refers to visitors and individual users of this website and collectively called as parties. The word “agreement” used hereunder refers to these terms and conditions. Moreover, the words donating the gender in these terms and conditions include the masculine, feminine and neuter whereas, references in these terms and conditions to the singular words include plural and vice versa. You acknowledge and agree that these terms and conditions are legally binding agreement between you and us. You are requested to read these terms and conditions carefully and if you do not agree with any of the provision herein provided, you should not access and use our website. If these Terms and conditions of service are considered an offer, acceptance is expressly limited to these Terms and Conditions.
WHEREAS these terms and conditions WITNESSETH that in consideration of conditions herein contained, it is hereby covenanted, agreed, and declared by and among the parties (as defined herein) as follows:
1. ABOUT US
We provide cloud storage and communication services with user-controlled encryption. Using our services, you and other users can encrypt your files and chats using user-controlled encryption (“UCE”), upload, access, store, manage, share, communicate, download, and decrypt files, chats and any data (all of which we call “data” in these terms) and give access to that data to others (all together, “services” and each, a “service”).
By using our website and services, you acknowledge and undertake that:
If you register with us, you will need to use a password in conjunction with your specific account email address. You need to make sure your password is secure, not used by you on other sites and confidential. Make sure you tell us straight away if you think or know someone else has used your password or there has been any other security breach. We will hold you responsible for anything done 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, any other device, your password, and encryption keys for any files.
4. YOUR DATA
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. This is particularly the case where you are the administrator of a business account.
You understand that you, not us, have encrypted control of who has access to your data. Moreover, you undertand and agree that:
Once you have subscribed to a plan for our services you need to continue to pay the fees for that plan. We can at any time change the fees for our services (other than those you have already paid for) and/or the terms of any services we provide to you (including without limitation the terms of any ‘achievements’, ‘referral’ or similar programs we may offer), as long as we give you 30 days’ notice of any such changes. Where we change the fees for our services, in the absence of manifest error or other lawful error, you can't withhold payment or claim any set-off without getting our written agreement.
If at any time you do not make a payment to us when you are supposed to (including on termination), we can (and this doesn't affect any other rights we may have against you):
If you have subscribed for a service:
You can't, and will ensure that no users within a business account, of which you are administrator:
7. OUR INTELLECTUAL PROPERTY
You are not allowed to, and you can't let anyone else (including in particular any user within a business account of which you are administrator), use, copy, alter, distribute, display, licence, 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 or as allowed under any open source licences under which we use intellectual property provided by others. The open source code that we use, where we obtained it, and licences for that code, are all referenced on our websites and via our mobile apps.
8. YOUR INTELLECTUAL PROPERTY
You own, or undertake that you are authorised to use, any intellectual property in any data you store on, use, download, upload, share, access, transmit or otherwise make available to or from, our systems or using our services. You grant us a worldwide, royalty-free licence 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.
9. COPYRIGHT INFRINGMENT NOTICES
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.
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, please provide us with the following information:
We reserve the right to remove data alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate your account if we consider you to be a repeat infringer. Details of our designated copyright agent for notice of alleged copyright infringement are as given as follows:
10. COPYRIGHT COUNTER-NOTICES
We process all takedown notices based on good faith acceptance of the representations from the party submitting the takedown notice. We do not review the material before processing the takedown notice.
You may file a counter-notice if you believe that access to a file you have uploaded has been wrongly disabled because it was the subject of an incorrect takedown notice. You should only do so if you are confident that no other party owns copyright in the material, or you have rights to store the material and, if you are sharing it, that you have the right to do so.
Please understand that:
By filing a counter-notice, you are deemed to have accepted the above terms. If you do not accept the above terms, do not file a counter-notice.
To file a counter-notice with us, you must provide a written communication at https://kryptox.network/dispute or by email to firstname.lastname@example.org that includes substantially the following:
We will only accept a counter-notification directly from the user from whose account a folder or file has been disabled. Counter-notifications must be submitted from the email address associated with that Kryptox account.
If we do not receive any further communication from or on behalf of the person who originally submitted the takedown notice, or any communication we do receive does not in our sole opinion adequately justify the original takedown notice, we may, but shall not be obliged to, reinstate the material in approximately 10-14 days provided we have no reason to believe that the material infringes copyright.
Nothing in this counter-notice section prejudices our right to remove or disable access to any material at any time, for any reason or no reason.
11. BUSINESS ACCOUNT
For business accounts, the administrator of that account can see and deal with the files and data associated with all users within that account (including any data and any personal information). In addition:
In respect of payment for business accounts:
Business accounts are subject to a fair use policy as follows:
Unless otherwise provided by law or by a particular service offer, all purchases are final and non-refundable. If you believe that we have charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. If you have made a payment by mistake and have not used the subscription plan services, you must contact us at _________ within 24 hours. This will be acknowledged promptly and answered within 7 days.
13. RECURRING PAID SUBSCRIPTIONS
Recurring subscriptions will renew indefinitely, either monthly or annually, based upon your chosen subscription period, unless the subscription is cancelled prior to a renewal date. For recurring subscriptions established via mobile apps using in-app-purchase platforms, you should refer to your app store account for details of the dates and terms of the subscription. Any other recurring subscription will renew on the same day of month as it was established, except in cases where the day is not available due to a short month, in which case the renewal date will be moved to the first day of the following month.
14. CANCELLATION OF RECURRING PAID SUBSCRIPTIONS
Recurring subscriptions established through the mobile app using in-app-purchase platforms should be cancelled through the relevant app store account directly. Any other recurring subscription should be cancelled by navigating to _______________ in your browser while you are logged into your account and selecting the option to cancel your subscription. Any payments processed after an effective subscription cancellation will be promptly refunded by us. If you cancel a paid subscription, but you maintain your account as a free account, access to your account may be restricted or blocked if the level of use is above the limits applying to free accounts at that time.
15. SUSPENSION AND TERMINATION
You can terminate your access to our services at any time by following the 'Cancel your account' link in the Account section of our websites or the Settings section of our mobile apps. However, we will not provide any part-refund for any allowance not used on any subscription you may have. If you are a business account administrator you may also terminate access to any user within the business account.We can immediately suspend or terminate your, and (as may be applicable) that of other users within a business account, access to our websites and our services without notice to you:
Without in any way limiting the other rights available to us pursuant to these terms to take such further action as we deem necessary in any case, we may temporarily suspend your account, where a pattern of access to your account suggests to us that the account may have been compromised. You will subsequently be required to provide such verification of your right to access your account, as we deem appropriate, before we will unsuspend your account. We may also terminate, suspend or limit our services or any part of our services, for all users or for groups of users, without notice, at any time, and as applicable for any duration of time(s) that we specify, for any reason or no reason, provided that in any such cases, to the greatest extent permitted at law, we will have no liability to you in any regard as a result of any such actions. All charges outstanding on your account must be paid at termination.
You acknowledge and agree that this site is made available to you on an “as is’ basis without any express or implied warranty. We do not warrant:
If our website directly or indirectly results you in need of replacing equipment, date, service we shall not be liable for the cost incurred to you. You use our website at your own risk and agree that in no event we shall be liable for any direct or indirect damages, loss of profit, loss of data resulting from or arising in connection with access or inability to access our website whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.
17. LIMITATION AND INDEMNITY
To the maximum extent permitted by law, we (this includes our employees, officers, agents and authorised resellers) are not liable whether in contract, tort (including negligence), equity or on any other grounds to you or anyone else for any direct, indirect or consequential damage, loss, cost or expense, damage to property, injury to persons, loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had, occurring directly or indirectly from the use or ability or inability to use, or reliance on, our services, and based on any type of liability including breach of contract, breach of warranty, tort (including negligence), statutory or product liability, or otherwise.
You shall indemnify us against all claims, costs (including all our legal costs), expenses, demands or liability, damages and losses whether direct, indirect, consequential, or otherwise, and whether arising in contract, tort (including in each case negligence), or equity or otherwise, arising directly or indirectly from breach by you or anyone you give access to your data, of any of these terms or any policy referenced in these terms.
If you are not satisfied with the services, then your sole and exclusive remedy is to terminate your use of our services and the contract you have with us.
Despite the above, if any court or other competent authority holds us (this includes our officers, staff and agents) liable for any matter related to these terms or our services, our total combined liability will be limited to the most recent subscription amount you have paid to us.
18. THIRD PARTY SITES/LINKS
Our website may provide third parties link and you acknowledge and agree that you deal and interact with advertisers and other third parties accessible through our website at your own responsibility. These dealings may include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. We provide these third-parties links and sites only for your convenience and you agree that they shall be considered as endorsement from us.
You shall access and use such third-party sites, including the content, items, or services on those sites, solely at your own liability. We do not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that we will not be held liable if any loss, harm is caused to you as a result of presence, interaction or dealing with such third parties links, ads on accessible on our website.
If any dispute arises between you and such third parties you agree that we shall have no obligation to involve, intervene in the matter. You release us from any or all the claims, demands, damages of any kind whether known or unknown, suspected, or unsuspected, disclosed or undisclosed arising in connection with such disputes.
19. DISPUTE RESOLUTION
In case of any dispute with us you are encouraged to contact us first. We aim to resolve the matter without resorting to legal proceedings. We will try to resolve the matter internally; however, you agree that you shall keep the discussion confidential. If we could not resolve the matter internally by negotiation and you want to initiate legal action you shall send us a notice of claim before commencing legal action. However, you agree that all the disputes regarding these terms and conditions shall be resolved according to the governing Laws of United Kingdom and venue is to be lie exclusively in the courts of competent jurisdiction.
Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so.
Dropbox may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We aren’t responsible for the content people post and share via the Services.
Help us keep Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 (or older, depending on where you live).
This translation is provided for convenience only and the English language version will control in the event of any discrepancies.
Kryptox DMCA Policy
Dropbox (“Dropbox”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the US Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Dropbox will respond expeditiously to claims of copyright infringement committed using the Dropbox service and/or the Dropbox website (the “Site”) if such claims are reported to Dropbox’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Dropbox’s Designated Copyright Agent. Upon receipt of Notice as described below, Dropbox will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
DMCA Notice of Alleged Infringement
Browser cookies are small amounts of data that a website places on your computer or mobile device. These browser cookies can be used to store information about the actions you take on the websites you visit, like the pages you’ve looked at and any preferences such as the language or screen layout that you’ve selected.
Browser cookies and all the similar types of technologies we talk about further below, can identify your device, but they can’t identify you personally.
Any browser cookies that we set when you visit our website or use our apps are called ‘first party cookies’ as we control them. However, when we use a browser cookie created by someone else (such as an advertising associate), it is referred to as a ‘third party cookie’ as we don’t control the data that is collected by that third party cookie.
You can find out about the specific third party cookies we use by heading to the Third Party Cookies page in our Cookie Settings.
Local storage works in a similar way to browser cookies. Local storage consists of a small amount of data that is stored on your computer or mobile device. Local storage has some technical advantages over browser cookies in terms of the amount of data it can store, how long it can exist for and the more efficient way it transmits information. Local storage is also used in the same way as browser cookies for remembering things such as any preferences like the language or screen layout that you’ve selected.
A web beacon is a tiny transparent image file placed on a webpage that can be used, often in conjunction with browser cookies, to track your visits to, and interaction with, the webpage. Web beacons can also be used to track your journey across a website or a series of websites.
When you open a page with a web beacon the small file is downloaded after sending a message to a remote computer across the internet where the original image is stored. This message will include information such as your IP address and the time the web beacon was triggered. Web beacons can be used to identify the elements of a webpage that you might have interacted with including specific adverts.
Web beacons can also operate through a Beacon API to send tracking events such as page views directly to API servers.
These are specially formatted URLs that let us know when they have been clicked. They help us track things like when a particular link in an email is clicked on or which option on a webpage is chosen more often.
When you access our services our system will generate a device ID (that doesn’t include the serial number, brand or model of your device) and assign this to our record of your device.
We regard the use of device identifiers as being essential to offering you our services and therefore (as allowed by law) the use of device identifiers on our services cannot be turned off.
Based on the functionality they provide, we classify all the ‘Cookies’ we use (including browser cookies, local storage, web beacons, tracking URLs and device identifiers) into the following categories:
In our Cookie Settings you are able to select (with the exception of Essential Cookies as explained below) the categories of Cookies we can use whenever you access our services.
These are essential for providing you with important functionality and secure access to our services. Without them, we couldn’t offer you the services we do. For this reason, they do not require consent. We use Essential Cookies to:
These Cookies allow us to remember certain display and formatting settings you have chosen. Not accepting these Cookies will mean we won’t be able to remember some things for you such as your preferred screen layout. We use Preference Cookies to:
Performance and Analytics Cookies
These Cookies help us to understand how you use our services and provide us data that we can utilise to make improvements. Not accepting these Cookies will mean we will have less data available to help make improvements. We use Performance and Analytics Cookies to:
These Cookies are used by us and our approved advertising partners to customise adverts which are shown by us on our services and by third parties on our services and on other websites and services. Not accepting these Cookies means you may be shown advertisements that are less relevant. We and our approved advertising partners use Advertising Cookies to:
Please note that if you choose to disable some or all Cookies in your browser, it will limit the functionality that different websites and services (including ours) can make available to you.
Our Service does not address anyone under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children under age 13 without verification of parental consent, we take steps to remove that information from our servers.
KRYPTOX Technologies OÜ