MOBILE APPLICATION TERMS OF USE

VAULTD

Last Modified: April 2, 2026

These terms of use (the “Terms of Use”) are entered into by and between you, the user (“you” or “your”) and Vaultd Inc. (the “Company,” “Vaultd,” “we,” “us,” or “our”). The terms and conditions of these Terms of Use, together with the End User License Agreement (the “EULA”) and our Privacy Policy (the “Privacy Policy” – together with these Terms of Use and our EULA, our “Legal Terms”), govern your access to and use of the Vaultd mobile application (the “Application”), including any content, functionality, and services offered on or through the Application. The EULA and Privacy Policy are expressly incorporated herein by reference. 

Please read the Terms of Use carefully before you start to use the Application. By installing, accessing and/or using the Application or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by our Legal Terms. If you do not want to agree to these Terms of Use, the EULA or the Privacy Policy, you must not access or use the Application and must remove the Application from your mobile device immediately. 

The Application is offered and available to users (“Users”) who are 18 years of age or older. No persons under the age of 18 year of age are permitted to use the Application. By using this Application, you represent and warrant that you are at least 18 years old, are legally capable of forming a binding contract with Vaultd and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not install, access or use the Application.

1. Changes to the Terms of Use

We reserve the right to revise and update these Terms of Use from time to time and in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Application following the posting of revised Terms of Use constitutes your acceptance to the updated Terms of Use. You are advised to review these Terms of Use from time to time so you are aware of any changes, as any changes to these Terms of Use will be binding on you based on your continued download and use of the Application.

2. Vaultd Application Services

Vaultd is a mobile application that helps Users capture, organize and relive meaningful memories centered around the relationships that matter most. Unlike traditional photo apps that organize content chronologically, Vaultd structures memories around people and relationships, allowing Users to create dedicated photo vaults for family members, friends, pets and loved ones. Within each vault, Users can upload photos, videos and written notes tied to specific people, relationships or memories. The Application includes a timeline view of the User’s memories, a connections page to manage the User’s relationships, and a prompt system that encourages Users to upload memories tied to meaningful moments.

3. Accessing the Application

We reserve the right to withdraw or amend this Application, and any Content and Services (as hereinafter defined) provided on the Application, in our sole discretion and without notice. We will not be liable if, for any or no reason at all, all or any part of the Application (including any or all of the Content and Services) is unavailable at any time or for any period. From time to time, we may, in our sole discretion, restrict User access, including access to those Users with an active Subscription (as hereinafter defined), to some parts of the Application or the entire Application. You are responsible for both: (a) making all arrangements necessary for you to have access to the Application; and (b) ensuring that you and any other persons who access the Application through your mobile device are aware of these Terms of Use and agree to comply with them. 

4. Account Creation and Security

When first accessing the Application, Vaultd’s onboarding flow will prompt you to register for an account (an “Account”) with Vaultd by providing your full name, date of birth, phone number, and email address or Apple ID, and then by selecting a username and password. By creating an Account, you may browse and interact with limited areas and/or pages of the Application. You may create only one (1) Account for yourself individually and you are responsible for ensuring the security of your own username and password. 

It is a condition of your use of the Application that all information you provide in the Account registration process is correct, current, and complete. You agree that all information provided to Vaultd, whether in the Account registration process or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

When you choose a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you individually and further agree not to provide any other person or entity with access to the Application using your username, password, or other security or login information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other forms of breached security concerning your Account, Subscription (as hereinafter defined) or related to your use of and access to the Application. You should exercise additional caution when accessing your Account from a public or shared device and with consideration to secured/unsecured interned connections so that others are not able to view or record your password or other personal information. 

You may delete your Account at any time by accessing the Account page in the Application’s settings page. If you delete your Account, you may no longer have access to the Application and the Content and Services. However, your User Contributions (as hereinafter defined) will NOT be automatically removed from the Application if you delete your Account. User Contributions will only be removed from the Application if you voluntarily delete your User Contributions from the Application. 

Additionally, please note that if you delete your Account, your Subscription (as hereinafter defined) will NOT automatically be terminated. To also terminate your Subscription, you must do so in your mobile device’s settings or follow the steps provided by Apple’s App Store or Google’s Google Play Store (as applicable). 

We reserve the right to disable any username, password, Account or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our sole judgment, you have violated any provision of our Legal Terms. 

5. Subscriptions

Upon creating an Account with Vaultd, you will automatically receive access to a 60-day free trial to the Application’s memory preservation features and services (the “Free Trial”). During such 60-day period (the “Trial Period”), you may utilize the Application and the Application’s Content and Services at no cost. Your access to the Application and the Content and Services therein will automatically terminate at the conclusion of the Trial Period unless you enroll in a paid subscription with Vaultd (a “Subscription”). You may enroll in a Subscription at any time during or after the Trial Period by following the steps provided when accessing the Application for the first time or at any time thereafter when a Subscription is inactive. As more particularly described below, Users can manage, renew and cancel their Subscription only through the settings of their mobile device. For more information on a Subscription with Vaultd, please visit the FAQs page on our website at www.myvaultd.app. 

If you choose to enroll in a Subscription with Vaultd, your Subscription will be governed by the terms and conditions of this Section 5, our Terms of Sale set forth in Section 6 below, as well as any additional relevant terms and conditions set forth in our Legal Terms and the terms and conditions of the applicable Mobile App Store (as hereinafter defined). 

When enrolling in a Subscription with Vaultd, you may choose to enroll in a monthly Subscription for the current price of $4.99 per month (billed monthly) or an annual Subscription for the current price of $39.99 per year (billed annually). Subscriptions are billed through Apple’s App Store or Google’s Google Play Store as more particularly described in Section 6 below.

Subscriptions will automatically renew at the end of each applicable Subscription term based on the Subscription format you have chosen (e.g., monthly or annual) and the payment method provided will be charged for the next Subscription term. If you wish to cancel the automatic renewal of your Subscription, you may do so in the settings of your mobile device at least one (1) day prior to the end of the then-current Subscription term. Additionally, as mentioned above, deleting your Account will NOT automatically delete or terminate your Subscription and the automatic renewal of your Subscription, nor will deleting your Account remove your User Contributions from the Application. You may cancel your Subscription at any time through the settings of your mobile device. Cancellation of a Subscription will be effective as of the final day of the then-current Subscription term. You may renew your Subscription, even if previously cancelled or not renewed, at any time by signing into your Account through the Application and following the steps provided on the Subscription paywall.

Subscriptions are exclusive to each specific User and may not be shared, conveyed, sold, assigned or otherwise transferred to anybody but the Account creator. Vaultd reserves the right to cancel any User’s Subscription at any time, for any or no reason, in its sole discretion. In such circumstances, Users will not be entitled to a refund of any Subscription fees paid to Vaultd. 

6. Terms of Sale and In-Application Purchases

The following terms of sale (the “Terms of Sale”) apply to all purchases made through the Application, including without limitation Subscription purchases. All purchases through the Application for Subscriptions carried out through the Application, or resulting from your use of the Application, are governed by our Terms of Sale set forth in this Section 6. 

1. Billing.  We use the payment processing system provided through Apple’s App Store or Google’s Google Play Store, as applicable (each, a “Payment Processor”), to bill you for your Subscription. The processing of Subscription payments will be subject to the terms and conditions and privacy policies of the relevant Payment Processor in addition to these Terms of Use. You can access the Terms and Conditions for the Payment Processor on the Payment Processor’s website. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to pay for a Subscription, you agree to pay Vaultd, through the Payment Processor, all charges at the prices then in effect in accordance with the applicable payment terms, and you authorize the applicable Payment Processor, on behalf of Vaultd, to charge your chosen payment method (your “Payment Method”). You agree to make payment in full using that selected Payment Method. We reserve the right to correct any errors or mistakes that either of the Payment Processors make even if the relevant Payment Processor has already requested or received payment.

2. Payment Methods.  The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the relevant Payment Processor, do not receive payment from you, you agree to pay all amounts due in connection with your Subscription immediately upon demand.

3. Recurring Billing.  As set forth in Section 5 above, your Subscription with Vaultd will automatically renew at the end of each applicable Subscription term (e.g., monthly or annually) and your Payment Method will be billed automatically on the first day of the new Subscription term unless you have previously terminated your Subscription or the automatic renewal of your Subscription. By enrolling in a Subscription with Vaultd and agreeing to the recurring payment plan described herein, you acknowledge that your Subscription has a recurring payment feature and you accept responsibility for all recurring (automatic) charges prior to cancellation of your Subscription. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, YOU  MUST DO SO THROUGH THE SETTINGS ON YOUR MOBILE DEVICE. YOU ACKNOWLEDGE AND AGREE THAT VAULTD, THROUGH THE RELEVANT PAYMENT PROCESSOR, MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNLESS AND UNTIL YOU HAVE TERMINATED YOUR SUBSCRIPTION OR THE RECURRING BILLING AUTHORIZATION FOR YOUR SUBSCRIPTION THROUGH THE SETTINGS OF YOUR MOBILE DEVICE. CANCELLING THE RECURRING BILLING FOR YOUR SUBSCRIPTION AND THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION WILL NOT AFFECT CHARGES SUBMITTED BEFORE VAULTD OR THE APPLICABLE PAYMENT PROCESSOR REASONABLY COULD ACT. 

4. Auto-Renewal for Subscriptions.  As previously mentioned, unless you opt out of automatic renewal of your Subscription (which can be done through your mobile device’s settings) any Subscription you have signed up for will be automatically extended for successive renewal periods of the same duration as the Subscription term you last selected, at the then-current, non-promotional rate. To modify or terminate your Subscription at any time, you must do so through your mobile device’s settings. If you terminate your Subscription, you may continue to use the Application and the Content and Services therein until the end of your then-current Subscription term, and your Subscription will not be renewed after the then-current Subscription term expires. However, you will not be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS, YOU MUST TERMINATE YOUR SUBSCRIPTION THROUGH ACCESSING YOUR MOBILE DEVICE’S SETTINGS BEFORE THE END OF THE THEN-APPLICABLE SUBSCRIPTION TERM. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, VAULTD WILL NOT REFUND ANY SUBSCRIPTION FEES THAT YOU HAVE ALREADY PAID.

5. Current Information Required.  You must provide current, complete and accurate information in connection with your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in your billing address or credit card number), and you must promptly notify us or the Payment Processor if your Payment Method is cancelled or if you become aware of a potential breach of security such as the unauthorized disclosure or use of your username or password. Changes to your Payment Method can be made in the settings of your mobile device. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of your Subscription unless you have terminated your Subscription as set forth herein. 

6. Reaffirmation of Authorization.  Your non-termination or continued use of your Subscription reaffirms that we are authorized to charge your Payment Method for your Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially enrolled in a Subscription.

7. Intellectual Property Rights

The Application, its entire contents (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof – collectively, the “Application Content”) and the Application’s services, products, features and functionality (collectively, the “Services” and together with the Application Content, the “Content and Services”) are owned by Vaultd, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use and the EULA permit you to use the Application for your personal and non-commercial use only (though nothing herein shall prevent our business affiliates or partners from utilizing the Application in compliance with this EULA). Your permissions under the limited, revocable, non-exclusive, and nontransferable license granted pursuant to the EULA are set forth in further detail in the EULA. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content and Services on our Application, including without limitation the Application Content, without our prior express written consent.

You must not access or use for any commercial purposes any part of the Application or Content and Services available through the Application without the prior written consent of Vaultd. If you wish to use the Application for commercial purposes or wish to make any use of the Content and Services other than what is expressly permitted under our Legal Terms, please contact us with via email to support@myvaultd.app with your request.

As provided in the EULA, if you copy, modify, adapt, or otherwise use or provide any other person with access to any part of the Application (including the Content and Services) in breach of the EULA or these Terms of Use, your right to use the Application will cease immediately and you must, upon our demand, return or destroy any copies of the materials you have made. 

As provided in the EULA, no title or interest in or to the Application or any Content and Services therein is transferred to you, and all rights not expressly granted are reserved by Vaultd. Any use of the Application not expressly permitted by the EULA or these Terms of Use is a breach of the EULA and these Terms of Use and may violate copyright, trademark, and other laws.

8. Trademarks

Vaultd’s name, the term “Vaultd,” the Vaultd logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vaultd or its affiliates or licensors. You may not use such marks without the prior written permission of Vaultd. All other names, logos, product and service names, designs, and slogans on the Application are the trademarks of their respective owners.

9. Prohibited Uses

You may use the Application and the Content and Services therein only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application or the Content and Services therein:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

• For the purpose of exploiting, harming, or attempting to exploit or harm in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. To expand upon harmful use, this includes digital or in person bullying, threats, vulgar language, stalking, harassment, financial exploitation, coercive and predatory behaviors, trafficking, distribution of pornography, other sexually suggestive content, drugs or other illegal substances or contraband, and statements or images that suggest the escalation of harmful behaviors to self or others. 

• To send, knowingly receive, upload, download, use, or re-use any material that violates or does not otherwise comply with the Content Standards (as hereinafter defined) set forth below in Section 12 of these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate Vaultd, a Vaultd employee, another User, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).

• To train, develop, improve or enhance any artificial intelligence (AI), large language model (LLM), machine learning program or platform or any other similar networks, algorithms or systems. This includes scraping, copying, reproducing or otherwise impermissibly using or accessing the Application, its Content and Services or any User Contributions on the Application. 

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us in our sole discretion, may harm Vaultd or Users of the Application, or expose them to liability.

Additionally, you agree not to:

• Use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.

• Use any robot, spider, or other automated or automatic device, process, or means to access the Application for any purpose, including scraping, monitoring, copying or reproducing any of the material on the Application.

• Use any automated or manual process to scrape, monitor, copy or reproduce any of the material on the Application, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Application.

• Introduce any viruses, Spyware, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application. 

• Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.

• Screenshot, copy, photograph or otherwise record any page or area of the Application, whether for commercial use, personal use or disclosure to any third party.

• Otherwise attempt to interfere with the proper working of the Application.

10. User Contributions

The Application may contain memory vaults (which may include photos, videos, voice/audio files and/or written notes and captions), comment functions, personal and/or profile pages, group pages, communities, and other interactive features (collectively, the “Interactive Services”) that allow Users to communicate with other Users and post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Application.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution(s) you post to the Application will be considered non-confidential and non-proprietary. By posting any User Contribution on the Application, you grant Vaultd and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, store, process and otherwise disclose to third parties any User Contributions for any purpose, including for the purpose of providing the Application and the Content and Services (including the Interactive Services) to you.

You represent and warrant that: 

• You own and/or control all rights in and to your respective User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of your User Contributions do and will at all times comply with these Terms of Use, including our Content Standards. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Vaultd, have full responsibility for such User Contributions, including their legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Application. 

As mentioned above, your User Contributions will NOT be removed from the Application upon the deletion of the Application or the lapse of your Subscription. User Contributions may only be removed from the Application when you voluntarily delete them from the Application. 

11. Monitoring and Enforcement; Termination

We have the right, in our sole discretion, to:

• Remove a User after they have registered for an Account or have enrolled in a Subscription for any reason that is in our sole discretion. 

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion or to limit or ban access from any or all parts of the Application.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Application or any third party or the public, or could create liability for Vaultd.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Application. 

• Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of these Terms of Use, the EULA, or our Privacy Policy.

Without limiting the foregoing, we have the right to cooperate fully with any governmental agency or body, law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. You agree to waive and hold harmless Vaultd and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities. 

You acknowledge that we do not undertake to review all User Contributions before they are posted on the Application and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. You acknowledge and agree that Vaultd shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 11. 

12. Content Standards

The following content standards (the “Content Standards”) apply to your Use of the Application as well as any and all User Contributions and use of our Interactive Services. User Contributions must comply in their entirety with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, political affiliation, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Be intended to or reasonably likely to deceive any person or user.

• Promote any illegal or illicit activity, or advocate, promote, or assist any unlawful act or act of violence or related to any illegal substances or paraphernalia.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person or misrepresent your identity or affiliation with any person or organization. 

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

13. Copyright Infringement

If you believe that any User Contributions violate your copyright, please provide our copyright agent (designated below- the “Copyright Agent”) with the following information:

• A description of the copyrighted work that you are claiming has been infringed on or otherwise violated;

• A description of where the copyrighted work at issue is located on the Application;

• Your name, mailing address, telephone number and email address;

• A statement, signed by you, that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;

• A statement, signed by you and made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

• If you are not the copyright owner but are authorized to act on the copyright owner’s behalf, a signature of the copyright owner who has authorized you to act on their behalf. 

The above procedure is exclusively for notifying Vaultd and its affiliates that copyrighted material has been infringed or otherwise violated. Please provide the foregoing information to our Copyright Agent either by email or mail:

Copyright Agent: 

Greg Baker

Email Address: 

support@myvaultd.app 

Mailing Address: 

Vaultd Inc.

11987 Southern Boulevard #1093

Royal Palm Beach, Florida 33411 

Attn: Copyright Agent

Please be advised that, while it is the policy of Vaultd to terminate the Accounts and/or Subscriptions of Users who are repeat infringers, we cannot guarantee that any specific infringing User will have their access to the Application terminated. 

14. Reliance on Information Posted

The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.

This Application may include content provided by third parties, including materials provided by other Users. All statements and/or opinions expressed in these materials, other than the content provided by Vaultd (including without limitation the Application Content), are solely the opinions and the responsibility of the third party providing those materials and information. These materials and information do not necessarily reflect the opinion of Vaultd. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials and information provided by any third parties, including our Users.

15. Changes to the Application

We may update the Application Content on the Application from time to time. However, please be aware that the Application and its Content and Services may not necessarily be complete or up-to-date. Any of the Content and Services on the Application may be out of date at any given time, and we are under no obligation to update such Content and Services. 

We reserve the right to withdraw, modify or amend this Application, and any Content and Services we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict User access, including Account access and/or Subscription access, to some parts of the Application or the entire Application.

16. Information About You and Your Visits to the Application

All information we collect on this Application is subject to our Privacy Policy. By using the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

17. Links from the Application

If the Application contains links to other sites and resources provided by third parties, these links are provided solely by the User who posted such links to other sites and resources. We have no control over the contents of those links, sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party links, sites or materials linked to on the Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

18. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a disturbed denial-of-service attack, viruses, or other technologically harmful material that may infect your mobile device’s equipment, programs, data, or other proprietary material due to your use of the Application or any services or items obtained through the Application or your downloading of any material posted on the Application (including User Contributions), or on any website linked to it. 

Your use of the Application and its Content and Services is at your own risk. The Application and its Content and Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Vaultd nor any person associated with Vaultd makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Application and its Content and Services. Without limiting the foregoing, neither Vaultd nor anyone associated with Vaultd represents or warrants that the Application and its Content and Services will be accurate, error-free, or uninterrupted, that defects will be corrected, that our Application or the server that makes it available are free of viruses or harmful components, or that the Application or any of its Content and Services will otherwise meet your needs or expectations. 

To the fullest extent permitted by law, Vaultd hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. 

19. Limitation on Liability

To the fullest extent permitted by law, in no event will Vaultd, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Application, its Content and Services, any User Contributions or use of the Interactive Features or any links to third-party websites found on the Application, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, property damage, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. 

The limitation of liability set forth above does not apply to liability resulting from our gross negligence or willful misconduct. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. 

20. Indemnification

You agree to defend, indemnify, and hold harmless Vaultd, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms of Use, the EULA or our Privacy Policy; (ii) your use (or misuse) of the Application and/or its Content and Services (and/or you providing others with access to your Account) ; (iii) any User Contributions on the Application; (iv) your use of the Interactive Features; or (v) your use (or misuse) of any information obtained from the Application.

21. Governing Law and Jurisdiction

All matters relating to the Application and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Arbitration

At Vaultd’s sole discretion, we may require you to submit any disputes arising from these Terms of Use, the EULA or the Privacy Policy, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, or arising from or relating to your use of the Application, its Content and Services or any User Contributions, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association (“AAA”) applying New York law.

23. Waiver and Severability

No waiver by Vaultd of any term or condition set out in these Terms of Use, the EULA or the Privacy Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Vaultd to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use, the EULA or our Privacy Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use, the EULA or the Privacy Policy (as applicable) will continue in full force and effect. 

24. Availability of the Application

You acknowledge and agree that the availability of the Application is dependent on the third-party stores from which you download the application, e.g., Apple’s App Store or Google’ Play Store (each, a “Mobile App Store”). Each Mobile App Store has its own terms and conditions to which you must agree before downloading mobile applications from such store, including specific terms relating to each Mobile App Store set forth in each Mobile App Store’s terms and conditions. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, the relevant Mobile App Store’s terms and conditions. To the extent such other terms and conditions from the relevant Mobile App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

25. Accessibility

Vaultd strives to serve Users of all abilities. The Application is intended to be compatible with the accessibility features available on most mobile devices. If you have any questions about or issues with the Application’s accessibility features, please contact us by email to support@myvaultd.app so we can provide support. 

26. Entire Agreement

The Terms of Use, the End User License Agreement and the Privacy Policy constitute the sole and entire agreement between you and Vaultd regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application. 

27. Your Comments and Concerns

This Application is operated by Vaultd Inc., a Delaware corporation.

All notices of copyright infringement claims should be sent to the copyright agent designated in Section 13 of these Terms of Use in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to support@myvaultd.app.