Last Updated: November 9, 2022
Please read these PrivateStorage Online Platform Terms and Conditions (“Terms,”) carefully before using our website https://private.storage/ and/or any of our applications contained therein (and/or any of our online services, whether accessed through our website or otherwise, any of the foregoing services, the “Service”) operated by PrivateStorage.io Inc. (“PS”, “us”, “we”, or “our”). These Terms by and between PS and you, the person or entity accessing and/or using our Service, or otherwise downloading our application (“you,” “your”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. The Service, and the information contained on or through the Service, may be accessed only by, as applicable persons who have been authorized by PS to use the Service pursuant to these Terms (an “Authorized User”). By using the Services or selecting agree button when you purchase storage-time, you represent that you are an Authorized User and that you accept these Terms and agree to be bound by them.
If you, or any entity on whose behalf you are using this Service, do not wish to be bound by these Terms, you must not use the Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.
These Terms apply to all visitors, users and others who wish to access or use the Service. These Terms apply to all versions of the Service. By agreeing to these Terms, you also agree to the terms of our privacy policy (“Privacy Policy”) simply by accessing or using the Service. If you disagree with any part of the Terms or the Privacy Policy, then you do not have permission to access the Service.
You may receive messages from us via our application in connection with the Service. You will endeavor to read and stay informed of any such messages and related communications from us.
The PS Service provides a private, secure, and end-to-end encrypted data storage solution that aims to minimize the collection of any data related to its users, including your data (“Content”). You are responsible for the Content that you upload or otherwise use on or through the Service, including its legality, reliability, and appropriateness, regardless of any encryption.
By saving, securing, uploading, posting or otherwise using any Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate your account if we find you to be infringing on a copyright or otherwise violating any of the aforementioned representation and warranties.
We take no responsibility and assume no liability for Content you or any third party uploads or posts on or through the Service. You are the only person who has access to your data; we are not responsible for nor do we have access to the data being stored. Purging of data can only be done by you, the user of the Services, who purchased the storage-time or stored the data, not by us. It is your responsibility to save and backup the Recovery Key and ensure its continued availability. For the avoidance of doubt, PS shall have no liability whatsoever with respect to the foregoing, notwithstanding anything to the contrary herein or otherwise, In the event you lose or are otherwise without a Recovery Key, we cannot recover it for you. PS cannot and shall not have any responsibility for the data you store through our Service.
Any sharing of the voucher code, the ZKAPs, the Recovery Key, the capabilities and/or any other configuration with any third party shall be at your own risk, and subject to any confidentiality obligations and/or other terms hereunder.
The Service including any of its underlying algorithms (excluding Content provided by Authorized Users of the Service), features and functionality, and any and all improvement and/or Derivations thereto, are and will remain the exclusive property (including intellectual property) of PS and, if applicable, its licensors, including licensors in connection with any open source licensing used in connection with the Service and/or underlying software. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. You are granted access to the Service under and subject to a restricted and fully revocable license grant by us.
You agree that you will not (a) modify, copy, decompile, disassemble or reverse engineer, or cause any other party to modify, copy, decompile, disassemble or reverse engineer our software, technology, and/or the Service except as otherwise licensed; (b) unless you obtain our explicit permission in advance, sublicense any of our intellectual property to third parties or sell, resell, rent, sublicense or lease the Service to third parties; (c) otherwise violate the license grant or restrictions set forth herein; (d) use the Service to store or transmit malicious code nor upload any Content which you do not have rights in or to; (e) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein, (f) attempt to gain unauthorized access to the Services or their related systems or networks; (g) misappropriate any of our software, technology or other services or use the Service or permit enable or assist a third party to create competing products or services.
PS also exclusively owns its trademark(s), brands, designated trade names (if applicable) and related goodwill which may be used or displayed in connection with the Service (collectively, the “Brands”). You may not use the Brands (whether for marketing, promotional or other purposes) without PS’s express prior written consent, and PS reserves all rights in and to the Brands.
You may have access to information that is confidential to PS, including but not limited to the Service and content, and any information related to the Service and content (“PS Confidential Information”). PS Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party. You agree not to make PS’s Confidential Information available in any form to any unauthorized third parties. You agree to take all reasonable steps to ensure that PS’s Confidential Information is not disclosed or distributed by you, your employees (if applicable) or agents in violation of the provisions of these Terms.
You may submit feedback, comments, suggestions, questions, ideas, or other information to us concerning the Service or our products, services, technology, techniques, processes or materials (“Feedback”). We may in connection with any of the Service and its products and services freely use, copy, disclose, license, distribute and otherwise exploit such Feedback in any manner without any obligation, payment, royalty or restriction whether based on intellectual property rights or otherwise.
Our Service may contain links to (and/or otherwise inter-operate with) third party web sites or services that are not owned or controlled by PS. Such third party services may include, by way of examples only, Stripe, as well as links on our website.
PS has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that PS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit, and use any such third party web sites or services only if you are in agreement with the terms governing those third party services. If you click-through to any third-party services, either directly or indirectly through the Service (collectively, the “Linked Sites”), you acknowledge and agree that you shall be subject to the terms and conditions of usage applicable to such Linked Sites. If you do not comply with a third party service terms and conditions, we may be required to terminate your access to such third party’s content and/or the Service if we cannot separate the third party content from our Service. We shall have no liability for any reduction of or inaccessibility to the Service and you will not be entitled to any remedy as a result of your access termination of either a third party service or our Services where applicable.
We may terminate or suspend your access and/or bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to as a result of a breach of any provision under these Terms.
All provisions of these Terms which by their nature should survive termination (e.g., Section 4, Section 5, Section 9, and Section 10 hereunder) shall survive termination, including, without limitation, intellectual property/ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless PS and its licensee and licensors, and its and their employees, contractors, agents, officers and directors, from and against any and all damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), for any third party claim against PS arising out of a) your use and access of the Service, by you and/or any person using your capabilities; b) a breach of these Terms, c) Content posted or otherwise stored on or through the Service and/or d) any loss of data or inability to purge data of yours in connection with the Service.
In no Event shall PS, nor any of its directors, employees, partners, agents, suppliers and/or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, including even if resulting from (i) your access to or use of (or inability to access or use) the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service, and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, weather or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no case shall PS´s maximum liability arising out of these terms, whether based upon warranty, contract, negligence, tort, strict liability or otherwise, exceed in the aggregate the actual payments received by PS from you over the prior twelve months from the date on which a claim arose. In the event that applicable law does not allow the limitation of liability as set forth above in this section or the disclaimer set forth below, this liability will be deemed modified solely to the extent necessary to comply with applicable law. You expressly acknowledge and agree that PS has agreed to grant you access to the service in part in reliance upon the limitations of liability specified herein. For the avoidance of doubt, the PS service is designed such that no one (including PS), other than you or any person you share the capabilities with, can have access to the data you store on the service, accordingly, PS is not and shall not be responsible or otherwise liable whatsoever in connection with your data.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
PS, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements and/or business objectives.
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions. Any suit or proceeding brought hereunder by you shall be brought in a venue within the state of Pennsylvania.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us and you regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. In such event we will update our Terms with the revised date. If a change of any of these Terms is material we will provide reasonable notice to you prior to any new terms taking effect, so that you can elect to stop using the Service in the event you do not agree to the material change of these Terms.
By continuing to access or use our Service after any modifications of our Terms become effective, you agree to be bound by these Terms as amended/revised. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us: By email: support@private.storage By visiting this page on our website: private.storage By mail: 2009 Mackenzie Way, Suite 100, Cranberry Twp., PA 16066