Terms of Service

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or Vault12 cancels it. You may cancel your Subscription renewal through the Vault12 mobile application.

Free Trial

Vault12 may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). At any time and without notice, Vault12 reserves the right to (a) modify the terms and conditions of the Free Trial offer or (b) cancel such Free Trial offer.

Fee Changes

Vault12 may, at its sole discretion and at any time, modify the Subscription fees for paid Subscriptions. Any Subscription fee change will become effective after the end of the then-current Billing Cycle.

Vault12 will endeavor to provide you with reasonable prior notice of any such change in Subscription fees, to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by applicable law, paid Subscription fees are non-refundable.

Vault12 Application

By using the Vault12 mobile or desktop application, you represent that you are 18 years of age or older, and that the information you provide in the Vault12 mobile application is accurate, complete and current at all times.

Please note that you are solely responsible for the way you use, store and back up your information, data, private keys and recovery phrases relating to your crypto assets, as well as the way you configure the Services, including without limitation the identity and number of Guardians you select.

You are solely responsible for maintaining the confidentiality of your usernames, passwords and other personal information, as well as restrictions on access to your mobile devices and computers on which you access the Service. You hereby agree to be responsible for all activities that have been conducted from your account and all activities that occur on your computers and devices.

The Vault12 application is evolving and you may be required to accept or install updates to the Service (including security updates), or update third party software, in order to keep using the Service or to access its latest features. We may update the Service and its software at any time, with or without prior notice.

Vault12 Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Vault12 and its licensors. The Service is protected by copyright, trademark and other laws of the United States and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Vault12.

Vault12 grants you a personal, non-transferable, non-sublicensable, non-exclusive and worldwide license to use the software, features and functionality associated with the Service. This license is exclusively intended to enable you to use the Service and benefit from the associated features and functionality. You may not copy, modify, distribute or sell any or all of the software that is part of it. Similarly, you may not decompile or attempt to extract the source code of such software.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Vault12. Vault12 has no control over and assumes no responsibility for the content, services, privacy policies or business practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit or services that you use.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever including but not limited to a breach of these Terms.

All provisions of these Terms which by their nature should survive termination of your agreement to these Terms shall survive such termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.

Indemnification and Release

In no event shall Vault12 be liable for any act, omission, error of judgment or loss suffered by you in connection with these Terms or your use or attempted use of the Service. We assume no liability for any computer virus or other software code that is downloaded to your computer or mobile device from use of or in connection with the Service.

You agree to defend, indemnify and hold harmless Vault12 and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts or expenses (including but not limited to reasonable attorney's fees), resulting from or arising out of (a) the use of and access to the Service by you or any person using your computer or other devices or (b) your breach of these Terms.

If you are a California resident, you waive California Civil Code Section 1542, which states:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Limitation Of Liability

IIn no event shall Vault12, Inc., nor its directors, employees, partners, agents, suppliers 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, resulting from (A) your access to or use of or inability to access or use the Service, (b) any conduct or content of any third party on the Service, (c) any content obtained from the Service and (d) any unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), negligence or any other legal theory, whether or not Vault12 has 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.

Disclaimer of Warranty

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.

Vault12 does not provide any investment, tax, legal or other professional advice in providing the Services, we do not recommend, suggest, advise or endorse that you purchase, sell or transact in any digital assets, and we do not provide any estate planning or legal advice in connection with our inheritance product. Before engaging in any activity related to digital assets and before using the Services you should consult with a qualified professional.

Neither Vault12 nor its affiliates, licensors or agents 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 defects, viruses or other harmful components or (d) the results of using the Service will meet your requirements.

Limitations of Exclusions

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.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law provisions.

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 an arbitrator or a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and Vault12 regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Dispute Resolution - Binding Arbitration

In the event of any complaint or question relating to the Service or these Terms, please contact Vault12 support at discord.gg/vault12guard. Be sure to provide your contact information and as much information about your complaint or question as possible to allow Vault12 to accurately answer your question or assess the origins and implications of the complaint.

You agree and understand that any controversy, claim or dispute relating to these Terms or the Service that cannot be resolved amicably will be settled solely and exclusively by binding arbitration held in New York County, New York, administered by JAMS and conducted in English, rather than in court. You expressly agree that any dispute about the scope of these Terms to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. In the event that you threaten to litigate a dispute in court, we may institute arbitration to enjoin you from filing a complaint or petition in court. You expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes.

YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST VAULT12 ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, YOU AGREE TO BRING YOUR CLAIMS AGAINST VAULT12 IN AN INDIVIDUAL BINDING ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

Waiver of Jury Trial

YOU HEREBY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY OR JUDGE. You are instead electing that all claims and disputes be resolved by binding arbitration.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect, generally by posting on the Vault12 website that a material revision has been made. What constitutes a material change will be determined at our discretion.

By continuing to access or use our Service after any revision of these Terms has become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you are no longer authorized to use the Service.

Electronic Communication

You acknowledge and agree that the communications between you and Vault12 are electronic. You consent to receive all communications from Vault12 in electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications would satisfy if they were provided in writing.

Contact Us

If you have any questions about these Terms or the Service, please contact us at discord.gg/vault12guard.