Terms of Service

Last Modified: May 8th, 2022

To use and access PhotoVaultOne, you must accept these Terms of Service. Please read the document carefully. The document establishes what you can expect from us as you use our services, and what we expect from you.

Although it is not a part of these Terms, we encourage you to also read our Privacy Policy, to better understand how we manage your information, and how you can update, manage, export, and delete your information.

General Terms

1. PhotoVaultOne ("PhotoVault Oy", "we", "us", "our") provides backup and restore services for your Google Photos Library contents. We provide our services at our website https://photovaultone.com, related subdomains and sites ("website"). Using PhotoVaultOne, you and other users can automatically download a daily backup of your Google Photos library. You can also restore and/or download your lost content, and manage your service and subscription at our website. PhotoVaultOne features may include paid storage plans, customer support, and other benefits. Some features and benefits may not be available in all countries.

2. These terms are binding and apply to all use of our services and website, by you or anyone else you allow to use our services. You agree to these terms by using our website and/or services. You cannot use our services if you do not agree to these terms.

3. We may change these terms at any time by providing you with reasonable, and no less than 30 days prior notice of the change. Your continued use after that notice means that you agree to the changed terms. See 14. for your rights in this case if you have an active paid subscription with us.

4. Paid subscriptions are provided with access to Customer Support over email. Evaluation subscriptions are provided with best-effort Customer Support.

5. We reserve the right to make changes to PhotoVaultOne. As a result of these changes, PhotoVaultOne may be revised to provide more, or different, features. You agree that your subscription to PhotoVaultOne is for PhotoVaultOne in its form at the time of subscription. We may also, from time to time, offer different terms and tiers for PhotoVaultOne, and the subscription fee for such terms or tiers may vary.

6. We may suspend or terminate your PhotoVaultOne subscription with immediate effect if 1/ you materially or repeatedly breach these terms, or if 2/ we're required to do so to comply with a legal order or requirement. Further, we reserve the right to suspend or terminate PhotoVaultOne at any time, upon reasonable notice to you.

7. We will not be liable for events beyond our reasonable control. This may include, but is not limited to, denial-of-service attacks, strikes, govermental actions, war or failure of a 3rd party, where we have taken reasonable measures to protect our services against such events.

8. Any and all disputes arising from this agreement, your use of our services, or our relationship otherwise shall be determined by binding arbitration in Vantaa, Finland following the Arbitration Rules of the Finland Chamber of Commerce. These terms and your usage of our service shall be governed exclusively by laws of Finland.

Payment, Subscription, and Refunds

9. Evaluation. The service may be offered from time to time and at regions of our choice for free evaluation. Such an evaluation offer provides the service to you free-of-charge for the purpose of determining its use and value. The duration, and other conditions for the evaluation will always be clearly described to you as you are activating the evaluation period. Evaluation offers may be withdrawn at any time, and we may cancel and delete any ongoing evaluation subscriptions at our discretion with no prior notice. Only one free evaluation period will be available for you.

10. Payments. We accepts payment through our select 3rd party online payment providers. We currently partner with Stripe to provide subscription and payment services. The available payment providers and methods are indicated prior to purchase. Subscriptions are set to automatically renew every 12 months on the payment method you have provided. You will be notified by email prior to the renewal.

11. Subscription cancellations. You may cancel at any time. If you cancel your subscription, you will retain access to PhotoVaultOne for the remaining term of your existing subscription. If, in addition, you elect to delete PhotoVaultOne via service deletion, you agree that you may lose access to PhotoVaultOne services and functionality immediately, without refund for the remaining term of your existing subscription. If you prefer to retain PhotoVaultOne services for the term of your subscription, please cancel your subscription rather than deleting it.

12. Changes to subscriptions. You can upgrade your subscription to increase the available storage at any time, to any of the currently available subscription tiers. In such a case, you will pay a prorated amount for the rest of your current subscription period, and the full upgraded tier price for the next full subscription period. Downgrades are possible at the end of a subscription period, if your storage quota usage allows for transitioning to a lower tier.

13. Right of withdrawal. If you are in the EU or the UK, you have the right to cancel within 14 days of signing up for, upgrading or renewing your PhotoVaultOne subscription without giving any reason. To exercise the right of withdrawal, inform us of your decision to withdraw before the 14 day period has expired.

14. Refunds. In case we modify our terms of service, you have the right to cancel your subscription if you do not agree to the updated terms. We will in this case refund you with the unused portion of your subscription payment, and terminate your service. For additional rights of refund, please refer to the relevant policy from the provider from which you made the purchase. No refunds or partial billing periods are otherwise available, except as required by applicable law, and as outlined in these terms.

15. Changes to pricing. We may change the PhotoVaultOne price(s) in effect. These changes will apply after your current payment or evaluation period is complete, when the next payment is due. If you do not wish to continue with PhotoVaultOne at the new price, you may cancel any time from the service console. Your cancellation will apply to the next billing period after the current service term unless otherwise set out in the applicable payment platform terms. Where the price increases and consent is required, your subscription may be cancelled unless you agree to the new price. If your subscription is cancelled and you later decide to re-subscribe, you will be charged at the then-current subscription rate.

16. Overdue payments. To avoid overdue payments, please ensure your subscription is always configured with a valid payment method. In case your subscription payment is overdue, we will suspend your subscription. When suspended, and until you provide valid payment, your subscription will not backup any new content, or provide you with access to restore your already backed up content. If your payment is overdue by more than 30 days (14 days for trial subscriptions), we may cancel and delete your subscription together with all of your stored library contents in your subscription.

Your obligations

17. Comply with applicable laws. For example, do not store content in the service that is illegal.

18. Don't abuse, harm, interfere with or disrupt the service. For example, don't access or use the service in a fraudulent or deceptive ways, introduce malware, attempt to hack the service, or bypass our service or protective measures.

19. You must be of 16 years of age (or the age required to use our services in your jurisdistion) or older to use our services.

20. You are responsible for the security of your login credentials. You login to our services using your Google account and credentials.

21. IF YOU ENABLE VAULT MODE, YOU ARE SOLELY RESPONSIBLE FOR THE SAFE AND SECURE STORAGE AND KEEPING OF YOUR VAULT KEY. IF YOU LOSE YOUR VAULT KEY, WE WILL NOT BE ABLE TO RECOVER IT FOR YOU.

Your data

20. During the signup process, we provide you with a choice of storage locations to choose from. The available choices vary from country to country, and from time to time, and may be limited to a single choice.

21. We warrant that your library contents are stored and processed only in the location of your choice, and we will never transfer your library content outside of this location without your consent. Other components of the service, which do not store or process your library contents, such as the PhotoVaultOne website, are provided from a location of our choice.

22. We collect, store and process information provided by you in order to provide you with PhotoVaultOne as described in these Terms, in accordance with the PhotoVaultOne Privacy Policy. Please refer to the Privacy Policy for details on how your information is protected, and who we share your information with.

Limited warranty

23. We warrant that we will use reasonable skill and care in providing our services to you, and that the services will substantially function as documented on our website. However, we do not warrant that our services will be without faults, bugs or interruptions.

24. Our services may from time to time undergo maintenance or other periods of unavailability. Our intent is to minimize any such interruptions, and keep you informed of any significant periods of unavailability.

25. The information on our website is updated continuously. We will do our best to keep all information up-to-date. If you detect any incorrect information, please inform us, and we will correct the information. All information presented on our website and services come without warranty.

26. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED OR THAT THE OVERALL SYSTEM THAT MAKES THE SERVICES AVAILABLE (INCLUDING BUT NOT LIMITED TO THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE OPERATIONAL, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARRANTIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY US. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES ARE ACCURATE, RELIABLE OR SUFFICIENT FOR YOUR PURPOSES.

Limitation of liability

23. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES OUR EMPLOYEES, OFFICERS AND AGENTS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE, OUR MOBILE APPS OR OUR API, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE OR THE SERVICES, AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY OR PRODUCT LIABILITY, OR OTHERWISE.

24. YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS OR ANY POLICY REFERENCED IN THESE TERMS.

25. IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF OUR SERVICES AND THE CONTRACT YOU HAVE WITH US.

26. DESPITE THE ABOVE, IF ANY COURT OR OTHER COMPETENT AUTHORITY HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE MOST RECENT SUBSCRIPTION AMOUNT YOU HAVE PAID TO US.