Terms & Conditions of Service 

Last Updated December 2019

Welcome to ICE Vault! These Terms of Service (the “Terms”) and our Privacy Policy govern your access to and use of the ICE Vault services and the ICE Vault website, including any browser extensions, mobile applications and other downloadable apps we provide (collectively, “ICE Vault”), so please read them carefully.

We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use ICE Vault after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using ICE Vault.

1. Account

• You need to create an account in order to have an ICE Vault.  As part of this you will need to provide us with the following personal information:  Name, email address, billing address, telephone number

• The above is the information that WE, as ICE Vault, hold about you.  Any information that you choose to store within your ICE Vault is your responsibility.

• You are responsible for safeguarding your ICE Vault login credentials. You are responsible for activity on your account, whether or not you authorised that activity. You should immediately notify us of any unauthorised use of your account.

2. Your Content

• By using ICE Vault, you provide us with text, images, file attachments, and other information (“your content”). You retain full ownership of your content - what belongs to you stays yours.
• You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.
• You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• Whist we do not access or process any data within your ICE vault, we reserve the right to perform periodic audits of content to ensure compliance with all applicable laws regarding or to access your vault should we have reasonable cause to believe that you are breaking our terms of service.
• You have the legal right to ask for a copy of any of your personal data held by Us. You can of course access and download your vault data at any time simply by logging in to your Vault. If you require a copy of the personal data we hold in relation to our account, please contact Us for more details at [email protected].

3. Your Use of ICE Vault

• Your ICE Vault is intended to be used like an ‘online filing cabinet’.  ICE Vault is for the storage of key information about your business that your keyholder can use to maintain your business should something happen to you.  ICE Vault is NOT a password storage service and passwords should NOT be stored in your ICE Vault.  We reserve the right to perform periodic random audits of information held in any ICE Vault and to terminate any ICE Vault where it is discovered that passwords are being stored.

• Computer Offences.  If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straight away. We will report you to the relevant authorities and give them your identity.  Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

• You must not try to get access to our site or server or any connected database or make any 'attack' on the site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.

4. Subscription Service

• ICE Vault is a subscription service.  No pay, no play!  

• If you purchase a subscription to the Services via the ICE Vault website (“Online Subscription”), the following terms of subscription will apply to you:

• Subscription Term. The Services are provided on a subscription basis for a term defined in the Online Subscription, or on the Order Form Subscription, as applicable (each, a “Subscription Term”).

• Cancellation. You may cancel your subscription at any time; however, you are responsible for advance payment of the entire Subscription Term. Fees are non-refundable based on the Subscription Term purchased and not actual usage.

• Renewals. For Online Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term. Online Subscriptions can be cancelled directly at www.icevault.com. 

• Billing & Payment. If you purchase a subscription to the Services via credit card, debit card or other payment card (collectively, “Credit Card”), you hereby authorize ICE Vault (or its designee) to automatically charge your Credit Card in accordance with the applicable Online Subscription or Order Form Subscription. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to ICE Vault. 

• Taxes & fees. You are responsible for all sales, use, value added or other taxes of any kind, other than taxes based on ICE Vault’s net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.

• Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, your own internet service provider fees.

5. Price Changes

It may be necessary to periodically update our pricing. You will be notified at least 30 days prior to any change, and will have the opportunity to close your account without incurring any cancellation fees.

6. Keyholders

• You must nominate at least one keyholder to be able to hold an ICE Vault
• It is your responsibility to make your proposed keyholder(s) aware of their role and responsibilities to you in case of an emergency.  We will provide you with an email link to send to your chosen keyholder(s) and it is your responsibility to share this with them, to enable full set up of your ICE Vault.
• As this position involves a high level of trust it is also your responsibility to review your choice of keyholder(s) regularly and immediately inform us of any changes.
• We will give full access to your ICE Vault to your keyholder if any of the following conditions are met:

  1. Immediate Access – you have designated your Keyholder to have immediate access to your ICE vault in the event of an invocation

  2. Pre-Approval – You contact us to let us know that your Keyholder will be making contact to request access to your ICE vault and that you are happy for us to grant immediate access

  3. Approval – Your keyholder contacts us to invoke your ICE Vault, as part of our standard process we endeavour to contact you as the vault owner for approval and are able to confirm with you that access can be granted to the Keyholder

  4. De-Vault – Your keyholder contacts us to invoke your ICE Vault, as part of our standard process we endeavour to contact you as the vault owner for approval but are unable to reach you.  In this circumstances access WILL be granted following your selected ‘de-vault’ time period (either 24, 48 or 72 hours).

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In summary – you need to have a keyholder, you need to make sure they’re a trustworthy type as the point of this is that they WILL get access to your vault if they invoke and we can’t get a hold of you to tell us not to.

7. Data Backups

We back up our data monthly.  Just so you know.

8. GDPR

Under the GDPR, you have:

1. the right to request access to, deletion of or correction of, your personal data held by Us;

2. the right to complain to a supervisory authority;

3. be informed of what data processing is taking place;

4. the right to restrict processing;

5. the right to data portability;

6. object to processing of your personal data;

7. rights with respect to automated decision-making and profiling (we don't do any)

8. To enforce any of the foregoing rights or if you have any other questions about Our Site or this Privacy Policy, please contact Us.

9. Change of Ownership

We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us. In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.

10. Termination

• We may terminate or modify your access to and use of Ice Vault, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these Terms, or if you use Ice Vault in any way that would cause us legal liability or disrupt others’ use of Ice Vault.
• Likewise, you may cancel your account at any time, although we will be sorry to see you go.
• If we suspend or terminate your use of Ice vault, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately.

11. Publicity

Unless otherwise specified, Ice Vault may use Customer’s name, logo and marks (including marks on Customer Properties) to identify Customer as an Ice Vault customer on Ice Vault's website and other marketing materials.

12. Warranty Disclaimers

• ICE Vault is provided “as is,” at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. ICE Vault will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Ice Vault.
• To the fullest extent permitted by law, in no event will ICE Vault, its affiliates, officers, employees, agents, suppliers or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential damages (including loss of use, profit, data, good will, service interruptions, computer damage or system failure), regardless of legal theory, whether or not ICE Vault has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. 
• ICE Vault is provided “as is” and at your own risk.  ICE vault is not liable for any consequences arising from the unavailability of the service.  

Basically, we’ll always do our best to have ICE Vault up and running, but sh*t happens and we are not liable for any consequences of ICE Vault not being available.

13. Indemnity

You will hold harmless and indemnify Ice Vault and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of Ice Vault or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

14. Contact Information

If you have any questions about these Terms, please contact us at [email protected]