YourArchive® Terms and Conditions of Service

Effective: February 1st, 2021

Welcome to YourArchive! Our objective is to create the smartest method of storing and sharing digital content via a platform that keeps your content safe and accessible while letting you build multiple views of this content to satisfy many potential audiences. 

These Terms of Service (“Terms”) cover your use of and access to our services, software and websites ("Services") wherever you are in the world.

When you use our Services you agree to be bound by our Privacy and Acceptable Use Policy. The Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services.

Your Implied Permissions

When you use our Services, you provide us with things like your files, content, messages, contacts and so on (“Your Content”). Your Content is yours and these Terms don’t give us any rights to Your Content except for the limited rights that enable us to offer the Services. We need your permission to do things like hosting your content, backing it up and publishing it when you ask us to. Our Services also provide you with features such as commenting, sharing, searching, image thumbnails, document previews and personalisation. To provide features, YourArchive accesses, stores and scans your content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities

Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t manipulate content unless you have the right to do so. YourArchive may review your conduct and content for compliance with these Terms. If you allow access to the content we aren’t responsible for anything those you give access to post and share via the services. 

To help us keep your content protected, you must use strong passwords and your account information current. Do not share your account credentials or give others access to your account as if we identify concurrent non-identical users we have the right to suspend the account and related Services. 

You may only use our Services as permitted by law, including export control laws and regulations.

Software

As long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable licence to use our Software, solely to access the Services. To the extent any component of the Software may be offered under an open source licence, we’ll make that licence available to you and the provisions of that licence may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so or assist anyone to do so.

Our Materials

The Services are protected by copyright, trademark, and laws. These Terms do not grant you any right, title or interest in the Services, others’ content in the Services, YourArchive trademarks, logos and other brand features. Feedback is welcomed but please note that if we use any comments or suggestions it does not create any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our contact details. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

Accounting

You can increase the features provided in the service and your storage space for your account and you will be automatically billed from the date you make changes and on each periodic renewal date until cancellation.  

We will send you a renewal notice email reminding you that your plan is about to be renewed within a reasonable period of time prior to the renewal date. You are responsible for all taxes and we will charge tax when required to do so. 

You can cancel your YourArchive account at any time but we will not refund any monies for time periods outstanding. 

We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Termination

You can stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you are in breach of these Terms,

(b) your use of the Services in a manner that would cause a real risk of harm or loss to us or other users, or 

We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Content from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services. 

We will NOT provide notice before termination where:

(a) you are in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
(c) we are prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond YourArchive’s control or to comply with a legal requirement. If we do so, we will attempt to give you reasonable prior notice so that you can export Your Content from our systems. If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we will refund the portion of the fees you have pre-paid but haven't received Services for.

Services “AS IS”

THE FULLEST EXTENT PERMITTED BY LAW, YOURARCHIVE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS". WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF £20 Sterling OR 100% OF ANY AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH YOURARCHIVE DURING THE LAST 12 MONTHS.

Controlling Law

These Terms will be governed by U.K. law.

Waiver, Severability & Assignment

YourArchive’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms 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 under these Terms, and any such attempt will be void. YourArchive may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.

Changes to the Terms

We may revise these Terms from time to time to better reflect:

(a) changes to the law; or
(b) new regulatory requirements; or
(c) improvements or enhancements made to our Services.

 If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you. If you do not agree to the updates we make, you will be required to cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

Entire Agreement

These Terms constitute the entire agreement between you and YourArchive with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements or terms and conditions applicable. These Terms create no third-party beneficiary rights.