1. In these General Terms, the following definitions shall have the following meaning:
|General Terms||These general terms and conditions;|
|App||The Vaulteq app, as available in the various app stores for iOs and Android devices;|
|Browser Extension||A plug in for the web browser of the User, which enables the use of the Password Management in such web browser;|
|Service||Password Storage and/or Password Management;|
|User||Each natural person and/or legal person with whom Vaulteq has entered into an Agreement;|
|Recovery Code||A unique code of letters and numbers;|
|Master Password||A password chosen by the User, that provides for access to the Platform and the Services;|
|Platform||The software platform developed by Vaultew, via which software platform Vaulteq offers the Services to Users;|
|Agreement||An agreement by and between Vaultew and a User with regard to use of the Services;|
|Password Management||The management of (online) passwords of the User that have been stored as part of the Password Storage;|
|Password Storage||The safe (encrypted) storage of passwords of the User;|
2. The singular of any of the definitions in article 1 shall be deemed to include the plural and the plural shall be deemed to include the singular.
3. These General Terms are applicable to any and all Agreements as well as any and all other (legal) acts between Vaulteq and User and shall continue to be applicable between Vaulteq and User after the termination of the Agreement.
4. The applicability of any other general terms and conditions than these General Terms, , are explicitly rejected and do not form part of any Agreement, unless explicitly agreed otherwise in writing.
5. Any deviations of these General Terms are only valid if agreed expressly and in writing.
6. The User undertakes to provide all data and information necessary for Vaulteq to provide the Services to the User and warrants that any such data and information shall at all times be complete and correct.
7. The User can enter into an Agreement by means of completion of the registration process on the Website.
8. Upon entering the registration process, the User needs to download the app via a smart phone and/or tablet.
9. Upon entering the registration process, the User shall need to subscribe via an e-mail address belonging to the User. Upon such subscription, the User shall need to chose a Master Password.
10. Upon the first use of the Services, upon installation of a Browser Extension (as referred to in article 19) and once per such period of time as included in the settings of the Browser Extension, the User shall need to complete two factor authentication for access to the Services. Apart from the combination of e-mail address and Master Password, the User shall in such event need to submit a code which has been generated via the App.
11. The account of the User shall after first use and/or any of the specific situations referred to in article 10, be accessible with the combination of e-mail address and the Master Password.
12. In the event the User loses or does not recollect the Master Password, the data included in the account of the User will not be accessible anymore, or in any case such data can not be decrypted anymore
13. The account of the User will be connected to a smartphone or tablet on which the User has installed the App. The User will only be able to generate codes necessary for two factor authentication via the App. The User shall in all events be able to amend the smartphone or tablet connect to its account, however the User shall in all events only be able to connect one (1) smartphone or tablet to its account.
14. Immediately following the completion of the registration process and after logging in to the account, the User shall be able to receive a Recovery Code. The Recovery Code is a unique code, which is strictly personal and needs to kept strictly confidential by the User.
15. The User shall be able to amend the connection of a smartphone or tablet to the account of the User in the event such smartphone or tablet has been lost or is no longer controlled by the User, making use of the Recovery Code. Amending a smartphone or tablet connected to the account of the User without the Recovery Code is not possible.
16. The User shall have access to the Platform for Password Storage via the App with a combination of e-mail address and Master Password. The User shall have access to the Platform for Password Storage via the Browser Extension with a combination of e-mail address and Master Password or (dependant on the settings of the Browser Extension), via two factor authentication.
17. Password Storage provides the User with the opportunity to store a combination of (i) url, (ii) a user name and (iii) password, if and when desired added with a categorization and/or comment
18. The aforementioned storage of combined data can be performed for an – unbless otherwise indicated – unlimited number of such combinations.
19. To make use of Password Management, the User shall need to install a Browser Extension in the web browser used by the User.
20. After installation of the Browser Extension, the web browser of the User shall (where and when possible) recognize the visit of a url that has been stored as part of the Password Storage and in such event (where and when possible) automatically show the user name and password as stored in such areas designated for that purpose on the relevant url. In addition, amendments to a password in respect of a specific url may be recognised and automatically stored in the account of User.
21. For the (possibility) to full access to the Services, the User shall be due a monthly fee to Vaulteq, which monthly fee shall be payable via the app store in which the User has downloaded the App.
22. Apart from the full Services, the User can also opt fort he use of a free version, provided that such free version shall only provide for the storage of a maximum of 5 combination in Password Storage, Password Management shall not be available and other features may not be available.
23. The monthly fee payable by the User shall be such monthly fee as included from time to time on the Website. The monthly fees may be amended from time to time by Vaulteq.
24. In the event the User does not meet its monthly payment obligations, the User shall be in default by operation of law.
25. During a maximum period of thirty (30) days during which the User is in default, the User shall have continued access to the Services, provided that as of the first day of default, the User shall not be able to add any additional or new data to Password Storage.
26. In the event a User is in default for more than thirty (30) days, Vaulteq shall have the right to terminate the Agreement and Vaulteq shall be free to provide any further access of the User to the Platform and the Services. In such event, Vaulteq shall also have the right to limit the User’s access to the Services in such manner as is granted to other users in the event of use of the free version. In such event, solely the first 5 combinations stored in Password Storage shall (remain to) be accessible for the User.
27. The Agreement is entered into for a period of one (1) month, which period shall be tacitly renewed with periods of one (1) month at the end of any such period.
28. Each of Vaulteq and User have the right to terminate this Agreement at the end of any period as referred to in article 27, taking into account a notice period of at least one (1) week.
29. The User is not allowed to use the Platform and/or the Services in any manner for any acts in breach of any applicable law, this Agreement and/or these General Terms.
30. Vaulteq shall have the right to suspend its obligations under the Agreement and these General Terms or to dissolve an Agreement, in the event the User:
31. In the event the Agreement terminates, Vaulteq shall immediately prevent the User’s access to the Platform and the Services
32. All intellectual property rights and related rights, including but not limited to copyright, trademark, patent, design right, trade name rights, database and neighboring rights, and rights to know-how, with regard to the Platform and/or anything related to the Platform are solely held by Vaulteq.
33. The User shall have a right to make use of the Platform in such manner and for such period as indicated in the Agreement and these General Terms. Nothing in the Agreement and/or the General Terms shall be deemed to grant the User any other right in respect of the Platform or any par thereof.
34. The User shall not be allowed to amend any programs and/sor to decompile the same, unless expressly authorized by applicable law.
35. Vaulteq shall use reasonable effort to ensure the availability and accesability of the Platform and the Services, but does not guarantee the full and permanent availability of the Platform and the Services.
36. Vaulteq shall perform the Services to its best ability and in such manner as Vaulteq deems fit. Any and all obligations of Vaulteq under an Agreement are obligations to use reasonable efforts to perform the same.
37. Any and all dates communicated by Vaulteq are estimated dates, unless explicitly agreed otherwise in writing. Vaulteq shall in no event be in default unless after a prior written notice of default with a reasonable term to cure the relevant default.
38. Vaulteq has the right to have certain performance of the Services be performed by third parties.
39. In the event Vaulteq is liable for the non performance of its obligations under an Agreement, Vaulteq shall only be liable fort he direct damages of the User and in o event shall Vaulteq be liable for any indirect damages which included loss of goodwill, loss of profit or possible savings and/or missed (investment) opportunities.
40. Vaulteq (and any third party contracted by Vaulteq) can not be held liable for the non performance of an obligtion of the Areement in the even of force majeure.
41. “Force majeure” as referred to in the previous clause shall be understood to include: circumstances or events that are beyond Vaulteq’s control and will - irrespective of whether these circumstances or events were foreseen or could be foreseen at the moment of entering into any Agreement – as a result of which Vaulteq is unable or cannot reasonably be expected to meet its obligations under any Agreement. These circumstances or events comprise in any case, but not exclusively: war, fire, floods, earthquakes, labor disputes, strikes, epidemics, government rules and/or similar rules, embargos, non-performance by client(s) or subcontractors or any other third party/parties deployed by Vaulteq or client(s) for the execution of any Agreement, interruption of the electricity supply, the non-availability of telecommunication services, software errors, (attempted) unauthorized intrusion in and/or the unauthorized use of the systems, networks and databases that belong to Vaulteq.
42. In the event Vaulteq is liable towards the User, such liability shall in all events be limited to such amount as paid by the User pursuant to the Agreement. For any Agreement that has a duration in excess of six (6) months, the liability of Vaulteq shall be limited to such amounts paid by User to Vaulteq in the six (6) month period immediately preceding the event pursuant to which Vaulteq became liable.
43. Vaulteq has a privacy statement, which you can find via [ link ]
44. If one or more provisions of these General Terms and Conditions are invalid, the other provisions of these General Terms and Conditions remain applicable in full.
45. The User is not entitled to transfer an Agreement and/or any rights included in an Agreement, unless with the prior written approval of Vaulteq.
46. The Parties shall not disclose any information with regard to the other Party as obtained during the term of an Agreement and acknowledge and agree to keep such information safe from unauthorized access.
47. The Agreement and these General Terms are exclusively governed by Dutch law.
48. Any disputes arising from or related to the agreement or these General Terms and Conditions shall be exclusively settled by the competent court of Amsterdam, The Netherlands.