TERMS OF SERVICE
These Terms of Service (“Terms”, “Terms of Service”, “Agreement”, or “Service Agreement”) govern the relationship between Stornest Service (the “Service”) and yourself, in your capacity as account holder” (“You”, “Account Holder”, “Subscriber” operated by Blue Solace LLC (“Blue Solace”, “us”, “we”, or “our”). It is important that you read this document carefully because you will be legally bound by these terms.
1. DESCRIPTION OF SERVICE
The “Service” means:
a) Stornest’s cloud storing, secure document storing, document sharing processes and procedures, administrative and related systems and technologies, as well as the website: https://stornest.com (the “Site”). b) All software (including the Software as defined in the Site), applications, data, text, images, and other content made available by or on behalf of Blue Solace.
Any modification to the Service is also subject to these Terms. Blue Solace reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title and interest in and to the Service will remain with and belong exclusively to Blue Solace. (“Service”).
Some parts of the Service are billed on a subscription basis (“Subscription/s”). You will be billed in advance on a recurring basis (“Billing Cycle”). Billing cycles are set on a regular basis, typically yearly.
At the end of each Billing Cycle, your Subscription will be automatically renewed under the same conditions unless you cancel such Subscription or Blue Solace does. You may cancel your Subscription renewal either through your online account management page or by contacting Blue Solace customer support team.
In case of Lifetime Memberships Packages, the duration of the service will be guaranteed until Blue Solace or any assignees of the Service is in existence.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Blue Solace or its third-party payment processor, with accurate and complete billing information, including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Blue Solace to charge all Subscription fees incurred through your account to any such payment instrument. All amounts paid are non-refundable. You further agree to be responsible for all taxes associated with the Service, along with any transaction fees and currency conversions added by your financial institution and/or intermediaries. All amounts are in USD.
Third party payment technology services are available for payment of the Subscription on the Site. Such services include Pay Pal, Apple Pay, Visa Checkout and Masterpass. Each set of terms applicable to these payment services is separate from this Service Agreement and Blue Solace will never be deemed responsible for technical or legal consequences arising out of the relationship between you and the third-party technology service providers.
3. FEE CHANGES
Blue Solace, at its own discretion and at any point in time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Blue Solace will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate Subscription before such change becomes effective. Your continued use of Service, after the Subscription fee change comes into effect, constitutes your agreement to pay the modified Subscription fee amount.
While all amounts paid are non-refundable, certain refund requests for Subscriptions may be considered by Blue Solace on a case-by-case basis and granted at the sole discretion of Blue Solace.
5. FREE TRIAL
Blue Solace may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
Upon signing up for the Free Trial, you will not be charged by Blue Solace until the Free Trial has expired. Several days before the trial expiration, unless you cancelled your Subscription, you will be notified via email about the payment method you want to be used for payment of the applicable Subscription Fees for the type of Subscription you have selected.
At any time and without notice, Blue Solace reserves the right to: (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
When you create an account with us, you must provide us information that is accurate, complete and current at all times. Failure to do so constitutes a breach of Terms.
When you create an account with us, you will be bound to the Privacy Statement. Pursuant to the Privacy Statement, we will do all is in our capacity to ensure complete security of Service and data. We will never share your personal data without your prior written approval for commercial purposes, however third party’s promotional content may, from time to time, be sent to you.
Given the peculiarity of Stornest, you will also be responsible for providing updated, accurate, complete and current information of Beneficiary (as defined in the Software and Site).
You are fully responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization or a name that is otherwise obscene, vulgar or offensive.
7. INTELLECTUAL PROPERTY
The Service and all contents, including but not limited to text, images, graphics or code are the property of Blue Solace and are protected by copyright, trademarks, trade dress, database, and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly forbidden and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Blue Solace or its affiliates, you further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
8. USER-GENERATED CONTENT AND CUSTOMER FEEDBACK
“Your Data” means any data and content which you upload, store, retrieve, or otherwise make available through the Service. You retain all of the rights to Your Data. You agree to grant Blue Solace a license to store, retrieve, backup, restore, and otherwise copy Your Data so that we may provide you with the Service.
Customer Feedback will be essential for the growth, development and enhancement of the Service. All feedback provided by you, anonymously or not, will be taken into consideration by the developers at Stornest and will be considered a spontaneous, license free, and open source contribution on behalf of Subscribers. As such, any development, modification, or addition made to the Service as a result of Customer Feedback will be intrinsic to the Service and as such proprietary technology of Blue Solace.
9. LINKS TO OTHER WEB SITES AND CLOUD SERVERS
The Service may contain links to other third-party web sites or services, including cloud storage, that are not owned or controlled by Blue Solace.
Blue Solace has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Blue Solace 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, services available on or through any such websites or services.
Stornest’s data is stored on Amazon Web Services (“AWS”). For further information on relevant levels of security and data treatment applicable you may verify AWS Terms of Services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites that you visit.
You are entitled to cease using our Services at any time and for any reason without notice to us, but you will continue to be charged for Services until you cancel your account by logging in through the Site or contacting us.
Our duty is to keep our Service as safe and well maintained as possible. To this end, we may need to terminate accounts for violations of these Terms. In such following circumstances we will provide notice to you prior to termination of your account: a) you are in breach of these Terms; or b) you are using your Services in a way that can cause or has caused risk or harm to either Blue Solace or our other customers.
In such an event you will be notified via email. If you remedy the issues that cause us to send the notice, to our satisfaction, then we will not terminate your access or license to our Services. If you do not remedy the outstanding causes of our termination notice in these circumstances, then we will terminate your account. In the event of such termination we will provide you with the ability to take your data with you.
There are three very limited circumstances in which we will be unable to send notice to you prior to terminating your access to our Services: (i) you are in material breach of these Terms in such a way as to immediately and seriously endanger us and other users; and (ii) we were unable to send you notice because this would cause us legal liability or a disruption of Service; and (iii) we were unable to notify you due to law. If we terminate your account for the reasons outlined under i-iii, then we will work with you to ensure you retain copies of your data, wherever permitted by law.
All provisions of the Terms shall survive termination, including without limitation: ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease.
11. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that: (i) your use of the Website will be in strict accordance with the Stornest Privacy Statement, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported to the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
12. LIMITATION OF LIABILITY
Blue Solace, its directors, employees, partners, agents, or affiliates, shall not be liable for:
a) any loss or damage, indirect, incidental, special, consequential, or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or b) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other claim in law, whether 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.
13. DISCLAIMER AND NON-WAIVER OF RIGHTS
Blue Solace makes no guarantees, representations, or warranties of any kind as regards the Site and associated technologies. Any purportedly applicable warranties terms and conditions are excluded, to the fullest extent permitted by the law. Your use of the Service is at your own risk.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the law of the UK.
Blue Solace, 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.
If you breach any of these Terms and Blue Solace chooses not to immediately act, or chooses not to act at all, Blue Solace, will still be entitled to all rights and remedies at any later date, or in any other situation, whereupon you breach these Terms. Blue Solace does not waive any of its rights. Blue Solace shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no right of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
15. NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis and you agree not to bring or participate to any class, consolidated, or representative actions against us or any of our employees or affiliates.
16. GOVERNING LAW
These Terms shall be governed by and interpreted and enforced in accordance with the laws of the United Kingdom, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdictions, then any remaining provision will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
17. ARBITRATION AND DISPUTE RESOLUTION
All disputes and questions whatsoever which shall arise between Blue Solace and you in connection o application thereof of any provision contained in this Service Agreement or as to any act, deed or omission of any party or as to any other matter in any way relation to this Service Agreement, shall be resolved in arbitration.
The Service Agreement shall be subject to the substantive laws of the Dubai International Financial Centre (DIFC).
Any dispute arising out of or relating to the Agreement shall, in first instance, be referred to each party who shall attempt to resolve the dispute in good faith. If Blue Solace and you fail to resolve the dispute within 14 (fourteen) days (or such other time as may be agreed in good faith) then the dispute shall ne finally resolved by arbitration under the Arbitration Rules of the DIFC – LCIA Arbitration Centre, via a sole arbitrator seated in DIFC, Dubai, UAE. The Arbitration award shall be final and binding on you and Blue Solace.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions have become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Blue Solace and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Blue Solace, or by the posting by Blue Solace of a revised version.
20. ADDITIONAL TERMS
Recording – Certain Services provide functionality that allows you to record audio and data shared during sessions. You are solely responsible for complying with all applicable laws in the relevant jurisdictions while using recording functionality. We disclaim all liability for your recording of audio or shared data, and you agree to hold us harmless from damages or liabilities related to the recording of audio or data.
European Customers – This Section will apply only if you are located in the European Union. If you want to enter into EU standard contractual clauses with us as it relates to our processing of your information, you may request a Data Processing Addendum (“DPA”) DPA Request Form and a pre-signed DPA will be transmitted to you for execution.
21. CONTACT US
If you have any questions about these Terms, you may contact our support team.
BLUE SOLACE LLC
Fujairah – Creative Tower
P.O. Box 4422 Fujairah (UAE)