THESE TERMS GOVERN YOUR ACCESS AND USE OF THE SERVICES AND CONSTITUTE A BINDING AGREEMENT BETWEEN YOU (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT) AND Wault. YOUR ACCESS TO OR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE TO THIS AGREEMENT AND YOUR REPRESENTATION THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT). IF YOU DO NOT ACCEPT THESE TERMS STATED HERE, DO NOT USE THE SERVICES.
In order to subscribe to Wault Service(s), you must:
1) be at least eighteen (18) years old and able to enter into contracts;
2) complete the registration process;
3) agree to the Terms; and
4) provide true, complete, and up to date contact information.
By using Wault Service(s), you represent and warrant that you meet all the requirements listed above, and that you won’t use Wault Service(s) in a way that violates any laws or regulations. Wault may refuse to provide the Service(s), close accounts of any users, and change eligibility requirements at any time at our soul and absolute discretion.
We reserve the right, in our sole and absolute discretion, to modify, replace, refuse access to, suspend or discontinue the Site or the Services, partially or entirely, without prior notice. You agree that we will not be liable to you or any third party for any such modifications, suspensions or discountenance of the Site or the Services, or any part thereof. We further reserve the right to withhold, remove and or discard any of Your Content (defined below) available as part of your Account (defined below), with or without notice if deemed by us to be contrary to this Agreement or a violation of law. We have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Services, except to the extent required by applicable law.
It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access our Site or the Services does not necessarily mean that your use thereto are legal under relevant laws, regulations and directives.
2. Licenses and Warrantees to Information
Wault makes no guarantees towards the accuracy, verification, or assessment of the data that is provided through the App or Services.
YOU UNDERSTAND THAT WAULT DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS (ALTHOUGH IT RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK, KNOW-YOUR-CUSTOMER, OR OTHER DOCUMENT VALIDITY SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS).
By accessing and using Wault Services (including creating an Account and profile with us), you may provide to us information, data, text, software, photographs, graphics, messages or other materials uploaded, transferred, transmitted, posted or stored on our secure and encrypted servers, including without limitation third party contact data and other personal information (“Your Content”). Wault does not own nor claim ownership of Your Content. You are legally responsible for the completeness and accuracy of Your Content, and give consent to other Wault Members with whom you willingly share Your Content, as well as give consent (in the App or Site) to other applications that are able to access and update their data from a third-party integration with the Wault application.
Wault retains full discretion over which third-party applications can be provided to users to share and access their data on Wault and makes no guarantees that an application integrated with Wault will be shared in the user interface of a user’s account.
You acknowledge that we do not pre-screen Your Content or the content of third parties; however, we reserve the right (but not the obligation) in our sole discretion to refuse or remove any of Your Content or the content of third parties that is available via the Services. Without limitingthe foregoing, we shall have the right in our sole discretion to remove any of Your Content that violates this Agreement or is otherwise objectionable as determined in our sole discretion.
Furthermore, you agree that we are not responsible for third parties’ (including other users’) content or for any damages as result of your use of or reliance on it. In providing the Services, we obtain and rely on certain information from third parties and third party software and applications. We cannot guarantee the accuracy or completeness of such data.
3. Closing Your Account
You or Wault may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service(s) to you at any time, with or without cause. If either we or you terminate your account, with or without cause, we will not refund you for the unused portion of your Service(s). Once terminated, we may permanently delete all the data associated with the Agreement, including emails to and from our Website, App(s), Service(s), or Product(s).
5. Email Address Changes
If you choose to receive Wault Service(s) by email it is your responsibility to provide us with your email address. You are also responsible for promptly notifying us of a change in email address. While we will attempt to contact you by other means to advise you of an email address delivery problem, we are not responsible for our inability to deliver Wault Service(s) due to your not advising us of a change in email address.
6. Your Account and Password
You are responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords, though we go to great lengths to ensure the security of your information through Private-Private key encryption. We don’t have access to your current password, and for security reasons, we may only reset your password.
6.1 Pay-as-You-Go Bundle Plans
Our charges for Pay-as-You-Go Bundled Service(s) are posted on our Site and App, and may be changed from time to time. Payment is due upfront for Wault Service(s). If you opt for auto-reload, once tokens drop below a specified level, the same Service(s) will be renewed by automatic debit to the credit card on file for your account at the then prevailing posted price for the Service(s) being renewed.
6.2 Single Charge One Time Services
One time offered services are paid for in advance. This is explained on the pricing page on our Website. For these services your credit card account will be automatically debited one time for the rate of the service at the then rate posted on the Website (the ”Pay Date”).
6.3 Credit Cards
As long as you are a Wault Member or have an outstanding balance with us, you will provide us with valid credit card information and authorize us to deduct the cost of one time or bundled service plans against that credit card. You will replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If we are unable to process your credit card order, we will try to contact you by email and will suspend your account until your payment can be processed.
We will give you a refund on a prorated basis if we stop providing our Services to you for a reason that is not laid out in these Terms. You will not be entitled to a refund from us under any other circumstances.
6.5 Billing Changes
We may change our fees at any time by posing a new pricing structure to our Site, App, and/or by sending you a notification by email.
7. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you will resolve any account-related disputes directly with the other party. We decide who owns an account based on the email address associated with that account, and we will rely on the contact information listed for that account to be true and accurate.
8. Proprietary Rights Owned By Us
You will respect our proprietary rights to the App, Site, and the software used to provide Wault Service(s). Proprietary rights include, but are not limited to, any patents, trademarks, service marks and copyrights. You may not use our brand assets unless you receive in writing a pre-authorization.
Any downloads of our software from authorized third party websites that enable you to access and use the Services, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (the “Software”) is licensed to you by third-party licensors for your personal use. You shall keep intact all copyright and other proprietary notices and your use of such Software is strictly subject to the terms of this Agreement and any agreement accompanying the Software.
9. Your Proprietary Rights
In connection with accessing and using the Services (including creating an Account and profile with us), you may provide to us information, data, text, software, photographs, graphics, messages or other materials uploaded, transferred, transmitted, posted or stored on our secure and encrypted servers, including without limitation third party contact data and other personal information (“Your Content”). Wault does not own nor claim ownership of Your Content. You are legally responsible for the completeness and accuracy of Your Content, and give consent to other Wault Members with whom you willingly share Your Content, as well as give consent (in the App or Site) to other applications that are able to access and update their data from a third-party integration with the Wault application.
You retain the right to revoke access to any data that you have willingly shared with another Wault Member at any time, including individuals, verifiers, and issuers who are present on our platform. Third party integrations can be controlled in the Settings panel.
10. Data Policy
You agree that we may access, collect, use and disclose your information according to the practices defined in our Data Policy. Our Data Policy will be treated as an inclusive part of these Terms.
Rules and Abuse
11. General Rules
You promise to follow the following three rules. If you violate any of these rules, then we may suspend or terminate your account.
1. You will not copy or retransmit Wault content without our explicit consent.
2. You will treat all members of the Wault community respectfully, on and off our platform.
3. You won’t violate any individual’s privacy through the use of our Services.
12. Reporting Abuse
If you think anyone is violating any of these Terms of this Website, please notify us immediately. If you receive suspect spam you think came from Wault, please report it to firstname.lastname@example.org. The best way to tell whether an email was sent from Wault is our custom footer at the bottom of the message that includes our registered address. If you think anyone has posted material that violates any copyrights, or violations of our terms, then you can notify us to report the abuse.
13. Compliance with Laws
You represent and warrant that your use of Wault Service(s) will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service(s), then we won’t be liable if our Service(s) doesn’t meet those requirements.
15. U.S. Export Controls
The software that supports the Services (the "Software") is subject to United States export controls. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. By agreeing to the Terms you agree not to download, distribute or otherwise export or re-export in violation of United States export laws. You’re downloading and using our Services at your own risk.
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the App, Website, and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
17. No Warranties
To the maximum extent permitted by law, we provide the material on the App, Website, and the Service(s) as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Wault Service(s) for a variety of reasons, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold our Team harmless from any losses (including attorney fees) that result from any claims you make that are not allowed under these Terms due to a "Limitation of Liability" or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
19. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
20. Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
21. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These costs may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We disclaim and aren’t responsible for the behavior of any advertisers, linked websites or other Members.
23. Notice to U.S. Government End Users
The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to the Terms
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Wymsical, LLC., 845 Canal Street, Stamford, CT 06901.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
25. Choice of Law
The State of Delaware laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service(s). Any dispute related to the Terms, the Data Policy, or the Service(s) itself will be decided by the state and federal courts in the state of Delaware, and each party will be subject to the jurisdiction of those courts.
26. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service(s), from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
30. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain additional Service(s) (the "Additional Terms "). The Additional Terms will be considered incorporated into these Terms when you activate the feature. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
31. No Changes in Term at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group.
32. Further Actions
You’ll provide all documents and take any actions that are necessary to meet your obligations under these Terms.
33. Notification of Security Breach
In the event of a security breach that may affect you, we’ll notify you of the breach immediately. Once practical, we will provide a description of what happened.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to email@example.com, or to any addresses as we may later post on the Website.
35. Entire Agreement
These Terms, our Data Policy (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate an additional Service(s). Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.