Terms of Service

By registering at archivedi.com you agree to these terms. You may use archivedi.com only in compliance with these terms. archivedi.com may continue to change over time as we refine, add more or remove features. We may stop, suspend, or modify archivedi.com at any time without prior notice to you. We may also remove any content from archivedi.com at our discretion.

Your Data

These terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run archivedi.com. We may need your permission to do things you ask us to do with your data, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. You give us the permissions necessary to provide archivedi.com, including the use of trusted third parties.

Sharing

archivedi.com provides features that allow you to share your data with others or to make it public. archivedi assumes no responsibility for that activity.

Your Responsibilities

Files and other content in archivedi.com may be protected by intellectual property rights of others. Please only copy, upload, download, or share files if you have the right to do so. You, not archivedi, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using archivedi.com.

You, and not archivedi, are responsible for maintaining and protecting all of your data. archivedi will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

Passwords

You are responsible for safeguarding the password that you use to access archivedi.com and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify archivedi of any unauthorized use of your account.

Acceptable Use Policy

You will not, and will not attempt to, misuse archivedi.com, and will use archivedi.com only in a manner consistent with this Acceptable Use Policy.

Copyright

Please respect others’ intellectual property. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on archivedi.com is:

Copyright Agent
archivedi, LLC
1680 Fruitville Rd, Suite 307
Sarasota, FL 34236
USA
info@archivedi.com

Other Content

archivedi.com may contain links to third-party websites or resources. archivedi does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Termination

Though we’d much rather you stay, you can stop using archivedi.com any time. We reserve the right to suspend or end archivedi.com at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use archivedi.com in any way that would cause us legal liability or disrupt others’ use of archivedi.com. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

archivedi is provided “as is”

Though we want to provide a great service, there are certain things about archivedi.com we can’t promise. For example, archivedi.com 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. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, in no event will archivedi, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not archivedi has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims relating to archivedi.com more than the greater of $20 or the amounts paid by you to archivedi for the past three months of archivedi.com in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use archivedi.com after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using archivedi.com.

Miscellaneous Legal Terms

These terms and the use of archivedi.com will be governed by Florida law except for its conflicts of laws principles. All claims arising out of or relating to these terms or archivedi.com must be litigated exclusively in the federal or state courts of Sarasota County, Florida, and both parties consent to venue and personal jurisdiction there. These Terms constitute the entire and exclusive agreement between you and archivedi with respect to archivedi.com, and supersede and replace any other agreements, terms and conditions applicable to archivedi.com. These Terms create no third party beneficiary rights. archivedi’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but archivedi may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with archivedi.com. archivedi and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Privacy Policy

This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information. This Privacy Policy governs your access of archivedi.com, regardless of how you access it, and by using archivedi.com you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy. All of the different forms of data, content, and information described below are collectively referred to as “information.”

The Information We Collect And Store

We may collect and store the following information when running the archivedi Service:

Information You Provide

When you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information, email address and home and business postal addresses. You may also provide us with your contacts’ email addresses when sharing files with them. We may also receive Personal Information (for example, your email address) through other users, for example if they have tried to share something with you.

Files

We collect and store the files you upload, download, or access with the archivedi.com.

Log Data

When you use archivedi.com, we automatically record information from your Device, its software, and your activity. This may include your computer’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your files, and other interactions with archivedi.com.

Cookies

We also use “cookies” to collect information and improve archivedi.com. We may use “persistent cookies” to save your registration ID and login password for future logins to archivedi.com. We may use “session ID cookies” to enable certain features of archivedi.com, to better understand how you interact with archivedi.com and to monitor aggregate usage and web traffic routing on archivedi.com. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of archivedi.com.

How We Use Personal Information

Personal Information

In the course of using archivedi.com, we may collect personal information that can be used to contact or identify you. This information is or may be used: (i) to provide and improve archivedi.com, (ii) to administer your use of archivedi.com, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements. If you no longer wish to receive communications from us, please follow the “unsubscribe” instructions provided in any of those communications, or update your account settings information.

Geo-Location Information

Some photos and videos you place in archivedi may contain recorded location information. We may use this information to optimize your experience. If you do not wish to share files embedded with your geo-location information with us, please do not upload them. If you don’t want to store location data in your photos or videos, please consult the documentation for your camera to turn off that feature. Also, some of the information we collect from your computer, for example IP address, can sometimes be used to approximate a Device’s location.

Analytics

We also collect some information (ourselves or using third party services) using logging and cookies, such as IP address, which can sometimes be correlated with Personal Information. We use this information for the above purposes and to monitor and analyze use of archivedi.com, for archivedi.com’s technical administration, to increase archivedi.com’s functionality and usability, and to verify users have the authorization needed for archivedi.com to process their requests. As of the date this policy went into effect, we use Google Analytics. To learn more about the privacy policy of Google Analytics, click here, and to learn how to opt out of that service click here.

Information Sharing and Disclosure

Your Use

We do not sell your personal information to third parties. We may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below). Through certain features of archivedi.com, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated.

Service Providers, Business Partners and Others

We may use certain trusted third party companies and individuals to help us provide, analyze, and improve archivedi.com (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of archivedi.com’s features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.

Compliance with Laws and Law Enforcement Requests; Protection of archivedi's Rights

We may disclose to parties outside archivedi files stored on archivedi.com and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of archivedi or its users; or (d) to protect archivedi’s property rights.

Business Transfers

If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information or Files, or if either become subject to a different Privacy Policy. We will also notify you of choices you may have regarding the information.

Non-private or Non-Personal Information

We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of archivedi.com.

Changing or Deleting Your Information

If you are a registered user, you may review, update, correct or delete the personal information provided in your registration or account profile by changing your “account settings.” If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law. For questions about your personal information on archivedi.com, please contact info@archivedi.com. We will respond to your inquiry within 30 days.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account here. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.

Links to other web sites

archivedi.com includes links to other web sites whose privacy practices may differ from those of archivedi. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

Security

The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we or the third-party providers we use encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at info@archivedi.com.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at privacy@archivedi.com or at 1680 Fruitville Road, Suite 307, Sarasota, FL 34236, USA.

Changes to our Privacy Policy

This Privacy Policy may change from time to time. If we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice (for example, by email). And we may provide notice of changes in other circumstances as well. By continuing to use archivedi.com after those changes become effective, you agree to be bound by the revised Privacy Policy.

Pricing Terms and Conditions

archivedi accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon which plan you select. If any fee is not paid in a timely manner, or archivedi is unable to process your transaction using the credit card information provided, archivedi reserves the right to revoke access to your archivedi account and Files. If you do not bring your archivedi balance current within five (5) days after archivedi provides you with notification that your account is in arrears, archivedi reserves the right to use our discretion to delete your files and information and cancel your subscription.

Billing

The fees for your plan will be billed from the date you elect, or convert to, a plan and on each monthly or yearly renewal thereafter unless and until you cancel your account. archivedi will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your subscription. In the event your subscription began on a day not contained in a given month or year, archivedi will bill your credit card on the last day of such month or year. For example, if your Premium Account began on January 31st, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. archivedi may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

Should you elect to upgrade your plan to a larger amount of storage space, you will be billed for the first month or year of the new plan on a pro-rata basis. For example, if you begin your monthly billed subscription on April 2nd, your next payment would be due on May 2nd. On April 09, you upgrade your plan to a larger amount of storage space. On May 2nd, you will then be billed the amount equal to 7 days at your previous plan plus the amount equal to the remaining time at your new plan.

archivedi may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your "Account" page. If your credit card reaches its expiration date, your continued use of the archivedi constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.

Cancelling Your Account

Your archivedi subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card. archivedi will bill the monthly or yearly fees associated with your plan plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).

archivedi subscriptions are prepaid and are non-refundable. archivedi does not provide refunds or credits for any partial months or years. You may cancel your archivedi account at anytime, and cancellation will be effective immediately. If you wish to cancel your account you may do so via your "Account" page. Should you elect to cancel your account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.

By signing up for a archivedi subscription and providing archivedi with your payment account information, you hereby agree to these payment terms and conditions.

Your Data is Backed Up

archivedi keeps redundant backups of all data over multiple locations to prevent the remote possibility of data loss.

archivedi employees are prohibited from viewing the content of files you store in your archivedi account, and are only permitted to view file metadata (e.g., file names and locations). Like most online services, we have a small number of employees who must be able to access user data for the reasons stated in our privacy policy (e.g., when legally required to do so). But that’s the rare exception, not the rule. We have strict policy and technical access controls that prohibit employee access except in these rare circumstances. In addition, we employ a number of physical and electronic security measures to protect user information from unauthorized access.

As of: June 13, 2013