Copyright 2021 ElephantDrive Inc. <support@elephantdrive.com>

Actual version of this agreement can be found on https://www.elephantdrive.com/m/ct.aspx?ici=1708

ElephantDrive Software and Website Terms of Use & Notices

Updated July 2019
PLEASE READ THESE TERMS CAREFULLY BEFORE INTERACTING WITH THE
ELEPHANTDRIVE WEB SITE OR SOFTWARE - BY USING THE SERVICES YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE
BOUND BY IT.
1. This is an agreement between you and ElephantDrive, Inc

This is an agreement (“Agreement”) between you and ElephantDrive, Inc. (or, if
applicable based on where you live, one of its affiliates) (“the Company”). This
Agreement governs your use of the Internet site located at
https://vault.elephantdrive.com, http://vault.elephantdrive.com, and any sub-domains
thereof (the “Site”) and any software, service, web site, or web page operated by the
Company (collectively with the Site, “the Services”). Use of the Services is available only
to individuals or businesses that can form legally binding contracts under applicable law.
You represent that you are at least 18 years of age and have attained the age of majority
in the province, state or country in which you reside, and any information that you submit
is correct. The Company offers use of the Services to you conditioned in your acceptance
of the Agreement. Your use of the Services constitutes your acceptance of the
Agreement. The Agreement contains disclaimers of warranties and liability and an
exclusive remedy (see Section 6). These provisions form an essential basis of our bargain.
2. How the Company may modify the Agreement
The Company reserves the right to change the terms, conditions, and notices under
which it offers the Services, including any charges associated with the use of the Services.
You are responsible for regularly reviewing these terms, conditions and notices, and any
additional terms posted on the Company’s web site. Your continued use of the Services
after the effective date of such changes constitutes your acceptance of and agreement
to such changes.
3. Privacy policy
The Company respects your privacy and permits you to control the treatment of your
personal information. A complete statement of the Company’s current privacy policy can 
be found at: https://www.elephantdrive.com/m/ct.aspx?ici=1704. The Company’s
privacy policy is expressly incorporated into the Agreement by this reference.
4. Use of software

The Company may make certain software available to you via the Services. If you
download software from the Services, the software, including all files and images
contained in or generated by the software, and accompanying data (collectively,
“Software”) are licensed to you by Company, for your use in accordance with this
Agreement only. Company does not transfer either the title or the intellectual property
rights to the Software, and Company retains full and complete title to the Software as
well as all intellectual property rights therein. You may not sell, redistribute, or reproduce
the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise
convert the Software to a human-perceivable form. All trademarks and logos are owned
by Company or its licensors and you may not copy or use them in any manner.
5. No commercialization, unlawful, or harmful use of the Services; System integrity

The Services are only for your personal or business use and You will not re-sell or attempt
to re-sell the Services for commercial purposes, unless you are an Authorized Reseller.
You will not use the Services in any way that is unlawful, or harms the Company, its
affiliates, resellers, distributors, service providers and/or suppliers (each, an
“ElephantDrive Party” and collectively, the “ElephantDrive Parties”) or any customer of
an ElephantDrive Party, as determined in the Company’s sole discretion. The Company
may tell you about certain specific harmful uses in a code of conduct or other notices
available through its web site, but has no obligation to do so. Without limiting the
generality of this section, you may not use the Services in any manner that could damage,
disable, overburden, or impair any element of the Services (or the network(s) connected
to the Services) or interfere with any other party’s use and enjoyment of the Services.
You may not use any device, software or routine to interfere or attempt to interfere with
the proper working of the Services. You may not take any action that imposes an
unreasonable or disproportionately large load on the Company’s infrastructure. You may
not disclose or share your password or account information with any third parties or use
your password or account information for any unauthorized purpose.
6. Submissions
The materials, data, and other information used and displayed in the Services are the
property of the Company or its licensors and are protected by copyright, trademark and
other laws. In addition to the Company’s and its licensors’ and suppliers’ rights in 
individual elements of the content within the Services, the Company owns a copyright in
the selection, coordination, arrangement and enhancement of such content. Unless the
Company has entered into a separate written agreement with you that explicitly states
to the contrary, you agree that any information, feedback, questions, comments or the
like that you provide to the Company in connection with the Services (“Submissions”)
will be deemed to be provided to the Company on a non-confidential and nonproprietary basis and will become and remain the property of the Company. The
Company shall have no obligations of any kind with respect to any Submissions and shall
be free to reproduce, use, disclose and/or distribute any Submissions for any purpose
whatsoever, without limitation. You also agree that the Company shall be free to use any
ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever,
including, but not limited to, developing, manufacturing, and marketing products or
services incorporating such ideas, concepts, or techniques. For avoidance of doubt, data
uploaded, backed up, or otherwise added into an end user account is considered End
User Data as opposed to Submissions. End User Data remains the property of the end
user and will be treated as confidential in accordance with our Privacy Policy.
7. Compliance with intellectual property laws; Copyright infringement
When using the Services, you agree to obey the law and to respect the intellectual
property rights of others. Your use of the Services is at all times governed by and subject
to laws regarding copyright ownership and use of intellectual property. You agree not
to upload, download, display, perform, transmit, or otherwise distribute any information
or content (collectively, “Content”) in violation of any third party’s copyrights,
trademarks, or other intellectual property or proprietary rights. You agree to abide by
laws regarding copyright ownership and use of intellectual property, and you shall be
solely responsible for any violations of any relevant laws and for any infringements of
third party rights caused by any Content you provide or transmit, or that is provided or
transmitted using your User ID. The burden of proving that any Content does not violate
any laws or third party rights rests solely with you. Company has in place certain legally
mandated procedures regarding allegations of copyright infringement occurring via the
Services. Company has adopted a policy that provides for the immediate suspension
and/or termination of any user who is found to have infringed on the rights of Company
or of a third party, or otherwise violated any intellectual property laws or regulations.
Company’s policy is to investigate any allegations of copyright infringement brought to
its attention. If you have evidence, know, or have a good faith belief that your rights or
the rights of a third party have been violated and you want Company to delete, edit, or
disable the material in question, you must provide Company with all of the following
information: (a) a physical or electronic signature of a person authorized to act on behalf 
of the owner of the exclusive right that is allegedly infringed; (b) identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted works are
covered by a single notification, a representative list of such works; (c) identification of
the material that is claimed to be infringed or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information reasonably
sufficient to permit Company to locate the material; (d) information reasonably sufficient
to permit Company to contact you, such as an address, telephone number, and if
available, an electronic mail address at which you may be contacted; (e) a statement that
you have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and (f) a statement that the
information in the notification is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Company by regular mail
to ElephantDrive Inc., Copyright Infringement, 11845 W Olympic Blvd Suite 1100, Los
Angeles, CA 90064 or by electronic mail to copyright@ElephantDrive.com
8. Inappropriate content
You agree not to upload, download, display, perform, transmit, or otherwise distribute
any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or
threatening; (b) advocates or encourages conduct that could constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable local, state, national,
or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation
for goods or services. Company reserves the right to terminate your receipt,
transmission, or other distribution of any such material using the Services, and, if
applicable, to delete any such material from its servers. Company intends to cooperate
fully with any law enforcement officials or agencies in the investigation of any violation
of these Terms of Use or of any applicable laws.
9. No warranty
THE COMPANY PROVIDES THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON INFRINGEMENT. The Company does not guarantee continuous,
uninterrupted or secure access to the Services, and operation of the Services may be
interfered with by numerous factors outside of its control, including but not limited to
telecommunications network disruptions. Nor does the Company guarantee the 
accuracy, timeliness or completeness of any information in the Services or the results of
your use of the Services.
10.Limitation of Liability, Your Exclusive Remedy
IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN
CONNECTION WITH THE AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE
UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY, AND THE AGGREGATE
LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO $100 IF YOU ARE DISSATISFIED WITH THE SERVICES,
YOU DO NOT AGREE WITH ANY PART OF THE AGREEMENT, OR YOU HAVE ANY
OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ElephantDrive PARTY WITH
RESPECT TO THE AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
11.Affiliate sites
The Company has no control over, and no liability for any third party websites or
materials. Company works with a number of partners and affiliates whose Internet sites
may be linked with the Site. Because neither Company nor the Services has control over
the content and performance of these partner and affiliate sites, Company makes no
guarantees about the accuracy, currency, content, or quality of the information provided
by such sites, and Company assumes no responsibility for unintended, objectionable,
inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from
time to time in connection with your use of the Services, you may have access to content
items (including, but not limited to, websites) that are owned by third parties. You
acknowledge and agree that Company makes no guarantees about, and assumes no
responsibility for, the accuracy, currency, content, or quality of this third party content,
and that, unless expressly provided otherwise, this Agreement shall govern your use of
any and all third party content.
12.Prohibited uses
The Company places certain restrictions on your permissible use of the Services. You are
prohibited from violating or attempting to violate any security features of the Services,
including, without limitation, (a) accessing content or data not intended for you, or
logging onto a server or account that you are not authorized to access; (b) attempting
to probe, scan, or test the vulnerability of the Services or any associated system or
network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with service to any user, host, or network,
including, without limitation, by means of submitting a virus to the Services, overloading,
“flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Services to send
unsolicited e-mail, including, without limitation, promotions, or advertisements for
products or services; (e) forging any TCP/IP packet header or any part of the header
information in any e-mail or in any posting using the Services; or (f) attempting to modify,
reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to
a human-perceivable form any of the source code used by the Company in providing
the Services. Any violation of system or network security may subject you to civil and/or
criminal liability.
13.Indemnity
You agree to indemnify the Company for certain of your acts and omissions. You agree
to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors,
employees, consultants, agents, and representatives from any and all third party claims,
losses, liability, damages, and/or costs (including reasonable attorney fees and costs)
arising from your access to or use of the Services, your violation of this Agreement, or
your infringement, or infringement by any other user of your account, of any intellectual
property or other right of any person or entity. The Company will notify you promptly of
any such claim, loss, liability, or demand, and will provide you with reasonable assistance,
at your expense, in defending any such claim, loss, liability, damage, or cost.
14.Governing law
The Services are controlled by the Company from its offices within the State of California,
USA. The laws applicable to the interpretation of the Agreement shall be the laws of the
State of California, USA, and applicable federal law, without regard to any conflict of law
provisions. The Company makes no representation that the services or the content
available via the Services are appropriate for access outside of the United States. Those
who choose to access the Services from outside the United States do so at their own 
initiative and are responsible for compliance with local laws. You agree to submission of
any dispute to the state and federal courts of the State of California, city of Los Angeles,
USA.
15.Termination; Access restriction
The Company may terminate the Agreement, or terminate or suspend your access to the
Services at any time, with or without cause, with or without notice. Upon such termination
or suspension, your right to use the Services will immediately cease. UPON SUCH
TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE
COMPANY’S HARDWARE AND/OR USING THE SERVICES MAY NOT BE RETRIEVED
LATER, AT THE COMPANY’S SOLE DISCRETION.
16.Payment, Cancellations and Refunds
By agreeing to this Agreement and purchasing a subscription to the paid version of the
Services, you are agreeing to allow the Company to place your account on a recurring
payment plan. The account will automatically be charged according to the terms of the
account type you select on the same day each month or year, depending on the duration
of the subscription. Further, you grant permission to the Company to charge your credit
card or payment service for any and all services you request and any renewals thereof. If
the Company is not able to process a payment for your account on the specified
processing date, the Company may suspend your account pending a successful payment
transaction. You may cancel your account at any time by using the web-based
cancellation link and confirmation in the My Account section at the Site. If you are not
able to access this page, you may also send an email to billing@elephantdrive.com from
the email address associated with your account using the subject line: “Account
Cancellation” for assistance. Because the Company charges its subscribers for each
unpaid billing cycle in advance, in order to cancel your account and not be charged for
an impending billing cycle, you must make your cancellation request at least two
business days before the next automatic billing occurrence. If you cancel during a billing
cycle, no refund will be issued for the unused portion of the billing cycle. For example,
if you are billed on the 15th of every month and you cancel on September 17th, you
have already pre-paid for the entire current billing cycle (September 15  October 15 in
this case). Upon cancellation of your account, all data within the account will be queued
for permanent deletion. If you cancel your account while it is in good standing, you may
request that the Company continue to make your data available to you until the end of
the current billing cycle. Only in the event of your request and ElephantDrive’s
acknowledgement will ElephantDrive continue to maintain the account data after 
cancellation and until the end of the current billing cycle. Such a request must be made
at least one business day prior to the cancellation of the account. If no request is received
to maintain the account data until the end of the current billing cycle, all account data
will be queued for deletion immediately following the cancellation of the account. If an
account is later reactivated, previous data may not be recovered.
17.Severability; Assignment; Waiver
If any part of the Agreement is determined to be invalid or unenforceable pursuant to
applicable law, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the Agreement will remain unaffected and in full force
and effect. The Company may assign the Agreement, in whole or in part, at any time
with or without notice to you. You may not assign the Agreement, or assign, transfer or
sublicense your rights, if any, as related to the Software. No waiver of any breach of any
provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or
subsequent breach of the same or any other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an authorized representative of the
waiving party.
18.Entire agreement
Except as expressly stated herein, the Agreement constitutes the entire agreement
between you and the Company with respect to the Services and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or written,
between you and the Company with respect to the Services.
19.Section titles
The section titles in the Agreement are solely used for the convenience of the parties
and have no legal or contractual significance.
20.Acknowledgement

By using the Services you acknowledge that you have read this Agreement and agree to
be bound by it.
