Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SocialVault ("Company," "we," "us," or "our") governing your access to and use of the SocialVault website, web application, desktop application, and all related services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

These Terms apply equally to the SocialVault website (hosted at socialvault.org) and the SocialVault desktop application. The desktop application may reference these Terms via external links to the web-hosted version, and such reference shall have the same legal effect as if the Terms were embedded directly within the application.

2. Description of Service

SocialVault is a software tool that enables users to process, organize, and manage media files. The Service operates as follows:

• Users manually provide URLs, file paths, or upload files directly to the Service
• Users provide explicit instructions on how they wish the Service to process such content
• The Service executes the user's instructions as a technical tool
• The Service may temporarily process files and metadata as directed by the user

SocialVault is a neutral technical tool. The Service does not curate, discover, host, index, or promote third-party content. The Service does not recommend or suggest content to users. All processing activities are initiated solely at the direction of the user.

SocialVault is an independent software product. The Service is not affiliated with, endorsed by, sponsored by, or in any way officially connected with any third-party platform, website, or service. Any third-party trademarks, service marks, or trade names referenced within the Service are the property of their respective owners.

3. User Representations and Warranties

By using the Service, you represent and warrant that:

• You are at least 18 years of age or the age of legal majority in your jurisdiction
• You have the legal capacity to enter into these Terms
• All information you provide to us is accurate, current, and complete
• You will maintain the accuracy of such information
• Your use of the Service will comply with all applicable laws and regulations

Content Ownership Warranty: You represent and warrant that for any content you process through the Service, you either:

• Own all rights, title, and interest in such content; or
• Have obtained all necessary permissions, licenses, consents, and authorizations from the rightful owner(s) to process such content in the manner you direct; or
• Have a lawful right to access and process such content under applicable law (including fair use or other applicable exceptions)

4. User Responsibilities

You are solely responsible for:

• Ensuring you have the legal right to access and process any content you submit to the Service
• Verifying that your use of the Service complies with all applicable laws, regulations, and third-party terms of service
• Any content you process, store, or distribute using the Service
• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account

SocialVault provides a technical tool and does not monitor, verify, or control how users utilize the Service. The Company expressly disclaims any responsibility for user content or user activities conducted through the Service.

5. Prohibited Uses

You agree not to use the Service to:

• Infringe upon or violate the intellectual property rights, privacy rights, or other legal rights of any third party
• Circumvent, disable, or otherwise interfere with technological protection measures, digital rights management (DRM) systems, or access controls
• Violate the terms of service, terms of use, or acceptable use policies of any third-party platform or service
• Process content that you do not have the legal right to access or use
• Engage in any activity that violates applicable local, state, national, or international law
• Distribute malware, viruses, or other harmful code
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to any systems or networks connected to the Service
• Use automated systems, bots, or scripts to access the Service without our express written permission
• Resell, sublicense, or commercially exploit the Service without authorization
• Harass, abuse, threaten, or harm any person or entity
• Process content depicting illegal activities or content that exploits minors

Violation of these prohibitions may result in immediate termination of your access to the Service and may expose you to civil and/or criminal liability.

6. Acceptable Use Policy

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated by reference into these Terms. You agree to comply with all provisions of the Acceptable Use Policy.

7. Intellectual Property

Our Intellectual Property: The Service, including its original content, features, functionality, software, and design elements (excluding user-provided content), is owned by SocialVault and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Third-Party Content: SocialVault does not claim ownership of any third-party content processed through the Service. All such content remains the property of its respective owners. You acknowledge that accessing content through the Service does not transfer any intellectual property rights to you.

License to Use Service: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

8. Copyright and DMCA Policy

SocialVault respects the intellectual property rights of others and expects users to do the same. We comply with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws.

If you believe that content processed through our Service infringes your copyright, please see our DMCA Copyright Policy for information on how to submit a takedown notice.

We reserve the right to terminate the accounts of users who are determined to be repeat infringers of intellectual property rights.

9. User Accounts

To access certain features of the Service, you may be required to create an account. When creating an account:

• You must provide accurate, current, and complete information
• You must maintain and promptly update your account information
• You are responsible for safeguarding your password and account credentials
• You must notify us immediately of any unauthorized access to your account
• You may not share your account credentials or allow others to access your account

We reserve the right to disable any user account at any time if, in our sole discretion, we believe you have violated these Terms.

10. Payment Terms

Certain features of the Service may require payment of fees. If you elect to use paid features:

• You agree to pay all applicable fees as described at the time of purchase
• Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected)
• You authorize us and our third-party payment processors (including Stripe) to charge your designated payment method
• All fees are non-refundable except as expressly provided in our refund policy or as required by law
• We reserve the right to modify pricing with reasonable advance notice
• Failure to pay may result in suspension or termination of your access to paid features

Payment processing is handled by third-party providers, including Stripe, Inc. Your use of payment services is subject to the respective terms and privacy policies of those providers.

11. Termination and Suspension

Termination by You: You may terminate your account at any time by following the account deletion process within the Service or by contacting us at the email address provided below.

Termination or Suspension by Us: We reserve the right to suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of these Terms or any applicable policy
• Conduct that we determine, in our sole discretion, is harmful to other users, the Service, or third parties
• Receipt of valid legal process requiring such action
• Extended periods of inactivity
• Discontinuation of the Service

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ANY WARRANTIES REGARDING THE LEGALITY OR APPROPRIATENESS OF ANY PARTICULAR USE OF THE SERVICE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOCIALVAULT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE
• ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
• ANY CLAIMS ARISING FROM YOUR VIOLATION OF THIRD-PARTY RIGHTS OR TERMS OF SERVICE

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless SocialVault and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including any intellectual property right, publicity right, confidentiality right, property right, or privacy right
• Your violation of any applicable law or regulation
• Any content you process through the Service
• Any claim that your use of the Service caused damage to a third party

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

15. Dispute Resolution

Informal Resolution: Before filing any formal legal action, you agree to first contact us to attempt to resolve any dispute informally. We will attempt to resolve disputes through informal negotiation within sixty (60) days of receiving notice.

Binding Arbitration: If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver: You agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than arbitration, you waive any right to a jury trial.

16. Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. To the extent that arbitration is not applicable, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any disputes.

17. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Service or by other means, such as email, at least thirty (30) days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service.

18. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, Acceptable Use Policy, and DMCA Policy, constitute the entire agreement between you and SocialVault regarding the Service.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

19. Contact Information

If you have any questions about these Terms of Service, please contact us at: