By using this site and making use of YXALA (or yxala.com), a service offered by Cairn Sarl (the "company" or "we" or “Cairn”) through the yxala.com website, you (“you” or “Customer”) agree to abide by the following terms of service for use (“terms of service” or “agreement”). These terms of service cover all present and future features offered by your YXALA account, individually and collectively referred to as the "service".
Through its own Software (“Software”), YXALA provides cloud storage, personal search engine and communication services with user-controlled encryption. Using YXALA, you can encrypt your files and other information using user-controlled encryption, upload, access, store, manage, share, communicate, download and decrypt files and any data (all of which we call “data” in these terms) and give access to that data to others (all together, “services” and each, a “service”). We provide our services ourselves and via our related or affiliated entities, payment processors at our websites at yxala.com and related sites (“websites”), using our mobile apps (“mobile apps”), our desktop apps (“desktop apps”), our browser extensions (“browser extensions”) and our application programming interface (“API”).
Important: We store all data on servers in Europe. If you access your data or give someone else access to your data using our services and you or they are not in Europe, you or they may be accessing that data from a country that does not give adequate protection to personal information when compared to that given under the General Data Protection Regulation (“GDPR”). By agreeing to these terms, you authorize us to grant that access.
If you’re agreeing to these terms of service on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these terms of service on that organization or entity’s behalf and bind them to these terms of service (in which case, the references to “you” and “your” in these terms and conditions, except for in this sentence, refer to that organization or entity). You hereby certify you are legally permitted to use the service, and take full responsibility for the selection, access, and use of the service.
This service is provided exclusively to individuals who are at least 16 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account. This service is provided exclusively to persons. Each user is solely responsible for all of their data stored using the service.
You acknowledge that by using the service, the files uploaded and/or shared through the service are encrypted by client-side encryption before they leave the your location (“Encrypted Data”). According to the best of YXALA’s knowledge and the current state of the art, Encrypted Data cannot be decrypted or inverted by YXALA or any unauthorized third party.
You understand that YXALA uses strong cryptography algorithms to protect your files (“Customer Files”) and as a Customer, you are fully and solely responsible and accountable for the content of the Customer Files. By using the service, you guarantee that you have all required permissions for each Customer Files – including copyright and other intellectual property rights – to distribute, transfer, store and/or make the content available online through the Services.
You acknowledge that YXALA has no access to passwords and there is no way for YXALA to recover passwords relating to your account. YXALA provides two recovery processes allowing you to get back its privacy keys. YXALA is not liable if Encrypted Data cannot be decrypted due to unsuccessful recovery processes. It is strongly recommended that you keep backups of any content on their own systems.
This agreement does not grant YXALA any ownership over the contents of your data or over your intellectual property, except for the limited rights that are reasonably necessary for YXALA to provide the service in accordance with these Terms and Conditions, in particular to store, backup or transfer your data.
You acknowledge that parts of encryption keys may be stored on Customer's device (memory or persistent storage), or YXALA may provide you a printable recovery encryption key or allow you to create one. Even in cases where such encryption key is provided to Customer, Encrypted Content cannot be decrypted or inverted by YXALA or any unauthorized third party. You are responsible for devices relating to its account and any copy of printed or otherwise archived recovery keys. YXALA cannot be held liable if your device is stolen or hacked and an unauthorized person gets access to Encrypted Data by accessing a locally stored copy, or by obtaining un-protected passwords or any encryption keys stored on the relevant device.
By using this service, you agree to not use this service for any unlawful or prohibited activities. You also agree to not disrupt the service networks and servers.
We may also terminate accounts which are being used for illegal activity, particularly in response to court orders from the competent authorities informing us of such illegal activity. We have no obligation to store or forward the contents of terminated accounts.
We also have no obligation to store data for accounts that are over their storage quotas or accounts that have delayed, missed or interrupted payments.
We reserve the right to suspend or delete unpaid/free accounts that are over their storage quotas after displaying the account owners warnings in the app and providing 30 days to download their data, unless the account is in violation of our terms of service in some other way, in which case we reserve the right to suspend or delete the account immediately without providing a grace period, warnings, or notification.
We reserve the right to suspend or delete unpaid/free accounts after 6 months of inactivity.
We’re always trying to improve the service, so it may change over time. We may suspend or discontinue any part of the service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the service. We will try to give you notice (if we have a way of contacting you) when we make a material change to the service that would adversely affect you, but this isn’t always practical or possible due to the nature of the service. While it is not the current practice, similarly, we reserve the right to remove any account or data from the service at any time, for reasons including, but not limited to ones listed in this terms and conditions, in our sole discretion, and without notice.
Due to the encrypted nature of the service, you acknowledge that the company has no ability to decrypt your data, or the obligation to recover your data if you misplace/forget your password or recovery keys processes to access to your account.
Customer's rights: Cairn remains the owner of the Software at all times. Cairn grants to you a limited non-exclusive, non-transferable license to use the Software in connection with the Services and in accordance with this agreement. Cairn and its licensors retain ownership of all copies of the Software even after installation on your devices.
Customer’s obligation: You are not allowed to, and you can't let anyone else (including in particular any user within a business account of which you are administrator), use, copy, alter, distribute, display, license, modify or reproduce, reverse assemble, reverse compile, communicate, share, transmit or otherwise make available, (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever), any of our code, content, copyright materials, intellectual property or other rights without getting our permission in writing, other than in order to use our services as intended or as allowed under any open source licenses under which we use intellectual property provided by others. The open source code that we use, where we obtained it, and licenses for that code, are all referenced on our website.
Software updates: The Software may be updated automatically from time to time. In other cases, you may need to download and install the latest version of the Software. Any updates provided by Cairn shall be deemed to be subject to this agreement unless Cairn indicates otherwise. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the Software and accepted any new terms. Customers must keep their Software up-to-date. If you skip updating for more than 6 months, Cairn may suspend or terminate this agreement and the relevant Customer's account with a fifteen-day notice.
Open-Source: You acknowledge that the Software may contain third-party, open-source software components ("Open-Source Component"). To the extent required by the licenses covering Open-Source Components, the terms of such licenses will apply in lieu of this agreement with respect to that component of the Software. The list of the Open-Source Components if the Software is available on YXALA apps.
Reservation of Rights: Each party shall retain all rights, title and interest in and to all its respective patents, inventions, copyrights, trademarks, domain names, databases trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, "Intellectual Property Rights"). Except as expressly set out in this agreement, this agreement does not grant any right, title, or interest to you with respect to the Services or in any Cairn Intellectual Property Rights.
Feedback: Cairn may use any feedback, ideas, comments, enhancement requests, recommendations or suggestions ("Suggestions") that you send or share with Cairn without any obligation to you. You hereby grant to Cairn a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Suggestions.
The company does not make any warranty about the reliability of the service and does not guarantee the security of Customer data despite best efforts. The service is provided “as is” and you agree to not hold the company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the service or failure in such performance. Furthermore, you will not hold the company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the service. We may make improvements and changes to the service at any time without notice. The company may at its sole discretion, terminate service without cause or notice.
YXALA'S LIABILITY FOR SIMPLE NEGLIGENCE AND FOR AUXILIARY PERSONS IS EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YXALA AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF DATA, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION AND ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CRIMINAL, SUBSEQUENT OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE OR THE SUPPORT AND MAINTENANCE SERVICES (IF ANY), REGARDLESS WHETHER CAIRN HAS BEEN ADVISED OR SHOULD HAVE HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
AFOREMENTIONED LIMITATIONS OF LIABILITY DO NOT APPLY FOR CAUSED INTENTIONAL OR GROSS NEGLIGENT BREACH OF OBLIGATIONS BY CAIRN AND DAMAGES CAUSED TO LIFE, BODY OR HEALTH, FOR DEFECTS IN CASES OF A GUARANTEE AND FOR FRAUDULENTLY CONCEALED DEFECTS, AS WELL AS FOR ANY OTHER LIABILITY THAT MAY NOT, UNDER APPLICABLE LAW, BE LIMITED OR EXCLUDED.
You agree that the company, and any parents, subsidiaries, officers, employees, or third party contractors cannot be held responsible for any third party claim, demand, or damages, including reasonable attorneys' fees, arising out of your use of this service.
Since you are able to try out and use all features of the service for free, we do not offer refunds. However if you are having issues, please get in touch and we will help you as best we can.
Therefore, due to their nature, the paid services provided by the company are generally non-refundable and any refunds or credits given will be at the sole discretion of the company. Paid accounts which are terminated due to a violation of these terms of service will incur the loss of all payments and credits and are not eligible for refund. If the company chooses to issue a refund for any reason, the company is only obligated to refund in the original currency of payment. If you request a credit balance to be converted between different currencies which the company supports, the company has discretion over the exchange rate applied.
We have the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card or Paypal account, etc. Such cases may be further referred to the competent authorities. You authorize the company to charge the payment method supplied on a monthly or annually re-occurring basis. Credit balances will also automatically be deducted on a monthly or annual basis. You are responsible for keeping payment information up to date. Paid accounts that become delinquent may be suspended or eventually deleted after an extended period of delinquency.
By subscribing to one of the monthly plans, you agree to pay company through paddle the monthly subscription fees indicated for that plan. Payments will be charged on a pre-pay basis on the day you sign up for a plan and will cover the use of the services for a monthly or yearly subscription period as indicated.
Unless you cancel your subscription before the end of the applicable subscription period, your subscription will automatically renew and you authorize Cairn to collect the then-applicable monthly subscription fee (as well as any taxes) using the payment method Cairn has on record for you. Subscriptions can be canceled at any time in your account settings.
Termination for convenience: Customer may elect to terminate his account(s) and subscription to a Service as of the end of its then current subscription period (i) with an account closing mechanism or (ii) by contacting Cairn. In this case, Customer's subscription will not be renewed. There is no refund for any pre-paid service. Customer may terminate its free subscriptions immediately without cause. Cairn may terminate this agreement by providing sixty-day notice if it discontinues the Service. In this case, Cairn will provide Customer with a pro-rata refund of any pre-payment.
Termination for cause: Either party may terminate this agreement with notice if the other party materially breaches this agreement and such breach is not cured within fifteen days after the non-breaching party provides notice of the breach. In case of termination for cause by Customer, Cairn will provide Customer with a pro-rata refund of any pre-payment. Cairn may terminate the agreement immediately on notice to Customer if (i) Customer fails to timely pay any amount owed to Cairn; or Cairn reasonably believes that (ii) the Services are being used by Customer in violation of applicable law, or (iii) continued use of the Services by Customer creates legal risk for Cairn or presents a threat to the security of the Services or other customers; or (iii) Customer breaches any provision of this agreement or the documents referred to in this agreement.
Inactive Free Accounts: If Customer is registered for a free service and Customer has been inactive for at least 210 days and within such time period, Customer does not subscribe for paid Services, Cairn may suspend and/or terminate the Cairn Services with a fifteen-day notice to Customer.
Cairn will not be liable to Customer or to any other third party for failure to perform or any delay in the performance of the Service due to fire, flood, war, riot, strike, explosion, lock out, injunction, natural disaster, interruption of transportation, acts of war, terrorism, labor disputes, acts of civil or military authority, power blackouts, computer viruses, or any other event beyond Cairn's reasonable control.
Within the limits of applicable law, the company reserves the right to review and change this agreement at any time. Cairn will do its best to inform you of such changes but you remain responsible for regularly reviewing these terms and conditions.
Continued use of the service after such changes shall constitute your consent to such changes. We may make improvements and changes to the service at any time without notice. The company may at its sole discretion, terminate service without cause or notice.
This agreement shall be governed in all respects by the substantive laws of Luxembourg. The exclusive jurisdiction to resolve any controversy, claim or dispute arising out of or relating to these terms of service is the court in Luxembourg-city, Luxembourg.