General Terms and Conditions of the iVAULTTM App

Vault Security Systems AG  (hereinafter “iVAULT”) of Rüschlikon, Switzerland, is committed to protecting the privacy and security of your personal information. There are several ways in which you can interact with our IVAULTTM software. The information we receive through this allows us to further develop our service.

The following terms and conditions (hereinafter “Terms”) govern the relationship between iVAULT and all persons who use our iVAULTTM App or otherwise interact with iVAULT (hereinafter “iVAULT Users” or “Users”). By using iVAULT’s products, you agree to be bound by the then-current version of these Terms.

iVAULT refers to the following company (hereinafter also referred to as “we” or “us”):

Vault Security Systems AG

Eggstrasse 88

8803 Rüschlikon

Switzerland

iVAULTTM denotes the iVAULT brand and designates the origin of our offerings.

You may not be able to fully use all of our products because certain services are restricted in your country.

In these GTC, the simultaneous use of masculine and feminine forms of language is dispensed with for better readability. Personal expressions refer equally to both genders.

Introduction

iVAULT provides a platform to help return lost or stolen items to their rightful owner. Users register their items online in their vault and can send a message to the iVAULT community in case of loss or theft. Other users who find the item they are looking for notify the person who is looking for the item. This way, the item returns to its rightful owner.

iVAULT is also a platform to promote exchange and information within the iVAULT community. Users can make their registered items available to other users. Users can inform each other about certain events in their environment, such as construction sites or accidents, offers or events.

Property Rights of iVAULT

The iVAULT brand, associated website and App, including our logo and all other copyrights belong to iVAULT. You are not permitted to use these rights and/or use the content without explicit consent. As long as you comply with and agree to these Terms of Use, iVAULT grants you the right to use its services. This right is personal to you, non-transferable, non-sublicensable, and limited to the intended purposes of the iVAULT Services.

How iVAULT Works

In their personal vault, iVAULT users store registered items as images. Images registered in the vault are not visible to other iVAULT users.

iVAULT users can create a personal profile in which they can enter further information about themselves; for example, a personal profile picture or their own address. This profile is also not public. Other iVAULT users cannot search for profiles of other iVAULT users. iVAULT users can declare their further details as publicly viewable; however, publication is not a prerequisite for using the iVAULT app.

With the publication of a contribution to other iVAULT users, the contribution to be published is done on the activity feed. The content of the post is shared with other iVAULT users together with the description and photo of the post as well as the name of the person publishing the post. If the person sharing the post has stored a profile picture in his account and marked it as public, the profile picture will also be shared.

Published posts can be commented on by other iVAULT users. The name of the commenting person as well as a profile picture stored as public will be displayed.

With the publication of a post, the sharing person can specify whether he or she additionally wants to activate private messages to this post. In case of a private chat about a post, the respective name as well as a profile picture deposited as public will be visible under the two chat partners.

Who May Use iVAULT

iVAULT offers a platform that should enable the finding of lost or stolen items. iVAULT is also a platform for exchange, by means of which other iVAULT users can borrow their own items and other users can be informed about certain circumstances in the neighborhood.

Use of the iVAULT Services in the United States is only permitted to those individuals who are at least thirteen (13) years of age. In those countries where the General Data Protection Regulation applies, only users who are at least sixteen (16) years old are allowed. In all other countries, the use of the iVAULT Services is permitted, provided that the regulations applicable in their country allow such use. Users who do not comply with these regulations may not attempt to register for an iVAULT account.

You may not use iVAULT services if you are a registered or convicted sex offender or reside in the same household with a registered or convicted sex offender.

It is not allowed to use the iVAULT services by persons whose account has been deleted by iVAULT due to violation of these Terms of Use.

iVAULT Account

To register items in the iVAULT app, you must either register with your name and email address or you can log in via Google Login, Apple Login or Facebook Login. By registering, you guarantee to use real information. This is to ensure that only real people use this app and real information is shared. The images of the registered items will be linked to the registered data.

In order to use the iVAULT services, it is necessary to enter personal data, because basically all iVAULT services require an iVAULT account.

You agree that iVAULT may use the provided login data to send you messages and login codes or to restore the account in case of accidental deletion or upon request of the iVAULT user. Your login information will not be used for any other purpose unless you expressly consent to that purpose.

By registering, you confirm that only you and third parties authorized by you will use your account. You yourself are responsible for keeping your account details safe. iVAULT recommends protecting your account with a password that contains an upper and lower case letter, a number and at least one special character.

The iVAULT™ App uses the app performance and analysis technology “adjust”, a service provided by adjust GmbH (“Adjust”). When you launch the iVAULT™ App, Adjust collects install and event data from the iOS and the iVAULT™ app in order to help us understand how our users are interacting with the iVAULT™ app and to optimize and analyze mobile ad campaigns. For such analysis, adjust uses your IDFA or Google Play Services ID, and your anonymized (hashed) IP- and MAC address. The hashes used are one-way hashes and it is not possible to identify you or your mobile device individually.  Your data will be transferred transnationally. The legal basis for the processing is based on Art. 6 para. 1 f) GDPR. The legitimate interest lies in the analysis and improvement of our mobile advertising campaigns.

See the Privacy Policy of the iVAULT™App for contact information of our data privacy officer.  If you refuse to be tracked by adjust, please contact support@ivault.app or our data protection officer.

iVAULT does not screen its users. We do not perform background data analysis. Although user activity in general is monitored, our users are not questioned, reviewed or monitored in connection with your username. In other words, specific user activity is not reviewed.

iVAULT users can permanently delete their account at any time. To ensure that all deposited data is permanently and finally deleted, users have to notify iVAULT via the App. The latter will make the appropriate arrangements regarding the account deletion. iVAULT asks for and welcomes feedback on the reasons for the deletion, if necessary, in order to be able to improve its services on a regular basis.

iVAULT users who discover unauthorized use of their account shall inform iVAULT immediately.

By opening the iVAULT account you agree to electronic communication with iVAULT. This means that iVAULT will communicate any information or documentation to you which is  necessary in connection with the use of the app. Communications will be made via pop-up window at login, via email, via activity feed or via message in your iVAULT account. You can unsubscribe from a communication via email at any time.

Cost of the iVAULT App

The use of the iVAULTApp is free of charge for consumers. Paid in-app purchases are possible, which make posts from specific users more visible (e.g. send push notifications or stay at the top of the activity feed for a certain time).

In-app purchases are usually processed via Apple pay or Google pay. iVAULT itself does not process payments.

iVAULT cannot guarantee or warrant that paid in-app purchases will result in better visibility of shared posts. Messages that iVAULT sends to other iVAULT users in case of an in-app purchase can be ignored by them. Also, iVAULT does not have access to users’ message settings, so iVAULT cannot guarantee that shared posts will be read or seen. iVAULT does not guarantee any added value when using in-app purchases.

Any costs incurred by your provider, in particular with regard to data / internet tariffs, shall be borne by the iVAULT user. iVAULT shall not be liable for any fees or taxes incurred.

Dealing with iVAULT Users

iVAULT users agree not to use the iVAULTTM App as an advertising space and not to post offers to buy. Advertising by iVAULT users will not be tolerated and corresponding posts will be deleted. Violation of this provision may result in iVAULT taking appropriate action, including suspension of the iVAULT user.

iVAULT users further agree not to use or circulate any viruses, malicious code or other tools or otherwise interfere with the operability of the App.

iVAULT users respect each other. Insults towards other iVAULT users are not respected in any way. Access to and use of personal data of other users, which they have not shared voluntarily, is prohibited. Access to such data may also not be obtained by means of automatic mechanisms.

Access to Data and Information of Users

In order to deliver relevant information and messages to users, for example about accidents in your area or notifications about lost items in your area, iVAULT needs users’ location data. iVAULT users are free to share their location. iVAULT users who do not want to share their location data may not be informed about current events, or may be informed late or inaccurately. The iVAULT App asks users whether they want to share location data or not.

In order to register items, iVAULT needs access to the user’s camera or data storage (images). Such access rights are requested during the first registration of an item.

Users can decide for themselves how they want to be informed about current events and reactions about their posts (e.g. push notifications).

Rights to Contributions from iVAULT Users

Content posted or shared by users remains the property of the users. They warrant to have all necessary permission for content they register and/or make public, in particular in relation to intellectual property rights.

iVAULT is granted access to the images of iVAULT users’ items registered in the vault insofar as these are stored in iVAULT’s systems in order to ensure iVAULT users’ access to these contents. If system-relevant necessary, iVAULT has the right to change registered images of the items, for example to format them, so that the backup of the systems is possible and  successful. Further rights, such as the possibility to distribute the contents, do not exist and are neither claimed nor asserted by iVAULT.

For content protected by intellectual property rights and shared on the Activity Feed, you warrant that you have the right from the intellectual property rights owner to share such content and you have the right to grant iVAULT a license authorizing iVAULT to distribute, share, publish and otherwise make available the content. This license is non-exclusive, transferable, sublicensable, royalty-free and valid worldwide.

Content shared on the Activity Feed may be reproduced, published and otherwise made available by iVAULT. With the publication of the content iVAULT also receives the right to advertise with this content.

Prohibited Actions, Posts and Content

Users undertake to refrain from illegal and immoral acts when using the iVAULT app and not to infringe the rights of other persons or violate the law.

This includes, but is not limited to, content that is misleading, malicious, offensive or discriminatory, incites hatred or violence, is threatening or pornographic, and/or contains depictions of violence or nudity.

Furthermore, iVAULT does not permit you to use the iVAULT App for commercial purposes.

These principles must be taken into account in all actions that may be taken in connection with the use of the iVAULT App, in particular contributions shared by iVAULT users, posts, comments or conversations in a private chat between iVAULT users.

iVAULT has the right to carry out regular, manual and/or automated checks on users’ contributions to verify that these provisions are being complied with.

iVAULT reserves the right to block users who post, share or otherwise make available non-tolerated or forbidden content  without notice, delete their account and / or their content and posts, block them and / or report and / or report to the appropriate authorities / persons.

You have the option to flag content that violates these terms or your own rights. iVAULT will investigate such notifications and, if necessary, take appropriate action.

Users who make burdensome (in iVAULT’s sole judgement) requests for user information may have their iVAULT account terminated.

The decision as to whether and which measures are taken lies ultimately with iVAULT.

Registered Items

Items which are to be protected against loss or theft or which are to be made available to other iVAULT users are to be registered by the iVAULT user in his account with a picture and, if applicable, a description with specific identifiers (such as serial number). If the necessary information (especially picture and description) is available, the registration can be done even after the loss of the items. In principle, images of all physical objects can be registered.

Location data can be added to the registered images of the items. Users can share their location data or add it manually. If you have enabled location data sharing, the location will be noted automatically.

Items Made Available to Other iVAULT Users

Registered items can be made available to other iVAULT users. It is possible to provide the items free of charge or in return for payment.

Services of any kind (especially personal labor services, illegal or immoral offers), real estate or vehicles cannot be made available to other iVAULT users.

iVAULT is not involved in the contracts between the iVAULT users. The iVAULT users independently and directly conclude a corresponding contract (such as a rental contract or a transfer of use contract). The iVAULT users regulate the conditions regarding the transfer of the objects independently and without the involvement of iVAULT. In doing so, the iVAULT users undertake to comply with the applicable statutory and official regulations, applicable guidelines and association regulations.

The iVAULT users undertake to use received items carefully.

Arrangements, such as time and place of handover and return, possible costs, procedures in case of defects or other performance failures and other agreements, are made by the iVAULT users outside of these terms and conditions, without cooperation of and without liability claims against iVAULT.

It is the responsibility of iVAULT users to insure items that are made available to other iVAULT users. iVAULT assumes no liability for damages caused by the use of other iVAULT users.

iVAULT users are themselves responsible for ensuring that any fees or taxes for the transfer of the items are paid and delivered to the relevant official bodies.

Should iVAULT become involved in any way, including pre-litigation, in a dispute between two iVAULT users, the iVAULT users agree to hold iVAULT harmless, with joint and several liability of the iVAULT users involved in the dispute.

Privacy

iVAULT stands for the highest possible data protection.

The provisions of the European Union’s “General Data Protection Regulation (GDPR)” are complied with.

iVAULT operates servers worldwide. This means that your data may be stored on servers that are not located in the country in which you live. Data protection laws are not the same everywhere in the world. However, iVAULT grants its rights everywhere, even in countries whose data protection laws would grant less protection.

Personal data that iVAULT receives in the course of using the iVAULT App will not be distributed or sold by iVAULT.

iVAULT collects personal data from you that you enter when opening an account or that you subsequently disclose voluntarily. In addition, content and/or posts that you make available in the activity feed are collected.

When using the iVAULT App and other iVAULT services (such as the website), data is automatically collected to help us optimize and improve our services and performance. Such data will also not be disclosed or otherwise made available to third parties. They are used exclusively for general analysis and evaluations.

iVAULT may be legally required to use your data, in particular in the context of legal proceedings or an enforceable official decision. In this case, iVAULT will use and, if necessary, release your data in accordance with the court or official requirements.

For more detailed information, please refer to the iVAULT Privacy Policy.

Security

iVAULT takes all reasonable security measures to prevent unauthorized intrusion into the data deposited with iVAULT. For this purpose, internal and also external audits are carried out in particular. Identified security gaps are closed as quickly as possible.

iVAULT users know that communication over an internet connection is not absolutely secure. Data reaching the iVAULT servers is protected on these servers.

Violation of these Terms of Use

iVAULT has the right to warn, block, temporarily and/or permanently block users who violate these terms of use and/or to delete their posts, their content and/or their account with all stored data.

In addition, iVAULT reserves the right to make a report to authorities or otherwise responsible persons if necessary. Violations of legal regulations will be reported to the police.

Failure by iVAULT to take such action immediately shall not constitute a waiver of such action. iVAULT shall also have the right to take such action at a later date.

iVAULT shall have the final decision as to whether or not any conduct of an iVAULT user violates these terms and conditions. It is at the sole discretion of iVAULT to take any measures.

Warranty

iVAULT does not warrant that lost items can be returned to the registered user, even if they have been posted in the activity feed. iVAULT does not warrant that registered items are protected. Nor does iVAULT provide any warranty in connection with the transfer of items to other users. iVAULT merely provides the platform on which posts can be shared or registered items exchanged.

iVAULT makes every effort to ensure that its servers and services function without restriction and permanently. Nevertheless, iVAULT does not warrant that its servers, services and offerings will be available or functional at all times. In the event of an outage, permanent or temporary interruption, delays or other deficiencies, iVAULT shall not be liable for any damages incurred by iVAULT users.

iVAULT is not responsible for the actions or contributions of iVAULT users. iVAULT cannot be held liable for the actions or contributions of other iVAULT users. iVAULT accepts no responsibility for the actions, contributions and/or content of its users. Claims arising out of and in connection therewith cannot be made against iVAULT. iVAULT users release all officers, directors, employees and others working for iVAULT from any and all liability.

Limitation of Liability

Liability claims against iVAULT are limited with these terms of use only as far as this is legally possible.

iVAULT shall not be liable for any direct or indirect damages or lost profits arising in connection with these Terms of Use or the use of the iVAULT App. In the aggregate, iVAULT’s liability in connection with these Terms of Use and the use of the iVAULT App shall not exceed one hundred dollars (USD 100). If such limitation of liability is not possible under applicable law in your country of residence, liability will be limited to the minimum amount possible under applicable law.

iVAULT is not liable if items are made available to other users via the iVAULT App. In particular, iVAULT is not liable for the correct use and proper return of the items provided.

If a finder’s reward is offered for lost or stolen items, iVAULT is not liable for the finder’s reward actually being paid. Settlement of the amount via the iVAULT App is not possible. The settlement of a finder’s reward has to take place outside the iVAULT products and offers.

Arbitration

Disputes between iVAULT and you will be discussed and settled directly after efforts have been made. To the extent that differences between iVAULT and you cannot be resolved directly, iVAULT and iVAULT users will submit to arbitration in accordance with the Commercial Arbitration Rules and Mediation Procedures of the International Chamber of Commerce.

Before initiating arbitration against iVAULT, submit a grievance to iVAULT. The complaint should be sent to the following address, stating your name and address and an e-mail address, together with a detailed description of your concern:

Vault Security Systems AG

Attn: Arbitration Filing

Eggstrasse 88

8803 Rüschlikon

Switzerland

If the matter has not been resolved within 60 days of the filing of the complaint, you and iVAULT may initiate arbitration under the Commercial Arbitration Rules and Mediation Procedures of the International Chamber of Commerce.

The arbitration proceedings shall be governed by the provisions of the Commercial Arbitration Rules and Mediation Procedures of the International Chamber of Commerce as in effect at the time the arbitration proceedings are initiated. The provisions regarding precautionary measures are applicable.

If you do not agree with this arbitration clause, you have the possibility to object to the application of the arbitration procedure within 30 days after acceptance of these Terms of Use. To object to the use of arbitration, send us a letter stating your name, address and an email address at which iVAULT can contact you within the deadline to the following address:

Vault Security Systems AG

attn:  Arbitration opt-out

Eggstrasse 88

8803 Rüschlikon

Switzerland

iVAULT users in the U.S. and Canada and iVAULT agree not to commence class actions, class arbitrations, or representative proceedings for disputes arising out of and relating to the use of the iVAULT App and these Terms of Use.

If this provision or the provisions of the International Chamber of Commerce do not apply to you, or if you have objected to the use of arbitration, the provisions governing venue will apply.

This clause is also applicable if you have deleted your iVAULT account and no longer have a business relationship with iVAULT.

Applicable Law and Place of Jurisdiction

Even outside of arbitration proceedings, iVAULT and you will endeavor to resolve any disputes amicably, if possible. Should you wish to file a complaint against iVAULT, please send it with your name and address as well as an e-mail address where you can be reached, including a detailed description of the dispute to the following address:

Vault Security Systems AG

attn: disputes

Eggstrasse 88

8803 Rüschlikon

Switzerland

This procedure may be waived only if legal or procedural requirements prevent compliance with this procedure.

If the matter has not been resolved within 60 days of the filing of the complaint, you or iVAULT may institute proceedings exclusively in the courts having ordinary jurisdiction in the the Canton of Zurich, Switzerland, iVAULT may also institute proceedings against you in the courts having ordinary jurisdiction in your place of residence.

Disputes arising out of or in connection with the iVAULT App and its use shall be governed by the laws of the Canton of Zurich, Switzerland, both in judicial and arbitration proceedings, to the exclusion of its conflict of laws provisions.

Any claims must be asserted by both iVAULT and iVAULT users in court or arbitration within one year after knowledge of the dispute. After this period, both courts and arbitration tribunals will reject an initiation of the proceedings.

Final Remarks

We will keep these Terms of Use up to date and make adjustments as necessary. If these Terms of Use are adjusted, iVAULT users will receive a corresponding notification. This does not apply to urgent changes, e.g. to fix security vulnerabilities or abusive practices. iVAULT users who do not agree with the Terms of Use should delete their account with iVAULT and not use our services.

Rights and obligations granted to or imposed on you under these Terms of Use are personal to you and are not assignable, alienable or chargeable.

iVAULT reserves the right to assign the rights and obligations arising from these Terms of Use. This includes in particular the possibility to transfer these rights and obligations arising from these Terms of Use to another company in connection with a change in the company structures, such as mergers or acquisitions.

iVAULT also has the option to discontinue its services, in particular the operation of the iVAULT App, with immediate effect and without notice. In such a case, iVAULT users shall not be entitled to any claims against iVAULT.

Should one of these provisions be invalid, this shall not affect the validity and effectiveness of the remaining provisions. Ineffective or invalid provisions shall be replaced by effective ones in such a way that they come as close as possible to the intended economic purpose.

In the event of any disagreement or difference, the English version of these Terms and Conditions shall be binding. Translation into other languages is for information only.

Before you open an iVAULT account, you will be asked to read and accept the applicability of our Terms of Use and Privacy Policy and to confirm that you meet the age requirements of your state of residence to use this app. By using the iVAULT app, you expressly and unconditionally agree to these Terms of Use. Please also consult our Privacy Policy.

For interpretation and enforcement of these Terms, Swiss law without application of conflicts of laws provisions, applies, with a forum in Zurich, Switzerland.

Version 1.3 / October 2021