Last updated: December 15th, 2020
Nasuni Access Anywhere Server is the trading name of Vehera LTD (Vehera), a UK limited company, registration number: 07079346, which operates a product service called the Nasuni Access Anywhere Server. Where 'Nasuni Access Anywhere Server' is referenced in the following terms of use, this refers to the 'Nasuni Access Anywhere Server' service Nasuni Access Anywhere Server service operated by Vehera LTD. These terms of use refer to widely shared instances of the Vehera software accessible over the public internet, which is referred to in this document as our "SaaS" service.
This agreement, in conjunction with the Privacy Policy, API terms of Use, Data Processing Agreement (only applicable to organizations), Cookie Policy, Age Policy and any other terms and conditions which are incorporated herein by reference and may be posted on our Website and applicable to specific services, governs your use of the Nasuni Access Anywhere Server website and/or SaaS service and are collectively referred to as the "Agreement".
Vehera may modify the Agreement at any time in which case the modifications will become effective immediately upon posting on the website. Your continued use of the website and any associated services, the "Services", indicates your acceptance of the Agreement. If you are dissatisfied with anything related to the Nasuni Access Anywhere Server service, your sole remedy is to discontinue use of the Services. You use the services of Vehera at your own risk.
Vehera SaaS Services are available to anyone who complies with the Vehera Agreement. Anyone not in compliance may be removed and banned from the Services without prior notice. Vehera reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. The terms of this Agreement shall survive any termination of your access to the Services.
You agree to pay the monthly subscription fees and any taxes for the service. You many cancel at any time and agree that there will be no, at any time, retrospective refunds due at the point of cancellation. If your accounts payment is overdue then Nasuni Access Anywhere Server may suspend your service until the account fees have been brought up-to-date.
You acknowledge that the Vehera software and Services contain various materials and content, without limitation, the "Content", provided either by Vehera, third party authors, developers or vendors and the underlying intellectual rights, copyright and trademarks are owned by Vehera LTD and/or their contributors and these materials and content may not be copied in whole or in part except as described below. All Content on the Services is copyrighted as a collective work of Vehera LTD pursuant to applicable copyright law. You may download, copy and make personal, non-commercial use of the Content permitted by the United States Copyright Act and not otherwise prohibited by any applicable law, rule or regulation; provided that you maintain all copyright and other notices contained in such Content; and provided that you shall not retain or store any significant portion of any Content. You will comply with applicable laws regarding transmission of data.
You may upload using the Nasuni Access Anywhere Server SaaS Services content created by you or for which you have received express permission from the owner so that other users may view and download said Content. You assume all risk and liability for the content you upload. You grant, transfer and assign to Vehera LTD and its successors, assignees and licensees, for the sole purpose of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate and archive the Content.
You, not Vehera, are solely responsible for the content you upload and store on any storage server used by the Nasuni Access Anywhere Server Service, or any storage server for which you are the account holder and which you access via the Nasuni Access Anywhere Server service or software. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that for its SaaS service Vehera reserves the right to delete, move or edit any Content that it may determine violates this Agreement or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.
You acknowledge the right for Vehera to audit content that you have made publicly available, via the Nasuni Access Anywhere Server Service, to ensure that it does not infringe copyright and will promptly handle and resolve any notices and claims from a third party claiming that any content violates such party’s rights, including take-down notices pursuant to the U.S. federal Digital Millennium Copyright Act (DMCA). If such content is discovered the content will be immediately made private and your account may be suspended.
If your copyrighted or trademarked works have been uploaded to Nasuni Access Anywhere Server without your permission, please contact abuse@storagemadeeasy.com describing the work that has been infringed, where it is located on the website, and provide your contact information and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner, or authorized by the owner, of the copyrighted or trademarked work. Vehera may, at its discretion, remove any work that has been reported to in accordance with this procedure.
When you choose to share your data using Nasuni Access Anywhere Server's file sharing features, you control your data through its generated link and/or cookies which may be placed on your computer. Vehera bears no responsibility for maintaining your data indefinitely on its hosted services.
You are responsible for maintaining the confidentiality of your access credentials for the Services such as passwords and two-factor authentication codes and are responsible for all activities that occur utilizing your access credentials. Although Vehera will not be liable for any losses you might suffer as a result of such activities, you may be liable for the losses of Vehera or others. You acknowledge that in the event that Vehera is asked by you to investigate an issue either through its support channel or by some other means then Vehera may access your hosted account and data as part of its investigation of that issue, subject to its documented privacy policy.
Vehera does not represent or endorse the accuracy of any Content and you acknowledge your use of Content is at your sole risk. Vehera may, in its sole discretion, correct any errors or omissions in any Content. Nasuni Access Anywhere Server Content may contain links to external sites and embedded content, or services, from external sites; however, Vehera is not responsible for the availability or content on or actions taken by any external site.
You are solely responsible for your interactions with other users of the Services. Any views expressed by other users on the SaaS service or website do not reflect the views of Vehera. Vehera reserves the right to determine what is harmful to its users, operations or reputation, including any activities that are illegal, disreputable, restrict or inhibit any other user from using and enjoying its SaaS service, and may suspend or terminate a user's account, whether paid or free, at its sole discretion. Complaints about violations of our policies should be sent to abuse@storagemadeeasy.com. Each complaint will be investigated and appropriate action (if any) will be taken.
Vehera offers various hosted personal packages for individuals and also packages for teams. Personal packages are only permitted to be used by individuals use and may not be used by teams or for business purposes. Vehera reserves the right to determine what is a breach and take appropriate action which may include account suspension or termination. Personal user packages are supported for users who had already subscribed prior to deprecation but as of May 2018 are no longer offered to new users.
Customers may add or remove services from their subscription accounts, changing their monthly subscription cost. When such a change is made:
Vehera also provides a Lifetime pricing or 'one time' pricing scheme (as opposed to monthly payments) for its SaaS service. This pricing is subject to a yearly support and maintenance fee from year two, which fee is subject to change at Vehera's discretion. The lifetime or one-time pricing can be withdrawn at Vehera's discretion. The pricing for the forthcoming year's maintenance and support can be viewed from the user's Dashboard after login to the web.
Although Vehera's SaaS personal and business packages offer unlimited bandwidth, this is subject to a 'fair usage' policy. A small number of users can be responsible for generating large volumes of traffic on our service, which can impact the service we offer to our other customers so Vehera reserves the right to cap, suspend or terminate accounts that breach the fair usage policy.
You acknowledge that Vehera may, in its sole discretion, arbitrate any hosted account ownership dispute and that Vehera's decision (which may include termination or suspension of any account subject to dispute and/or reporting the dispute to any other bodies having competent jurisdiction over the issue) shall be final and binding on all parties.
If a user cancels an account through Nasuni Access Anywhere Server or by suspending or terminating payments for the service trough a merchant gateway that is integrated with the SaaS service such as PayPal then the account will be terminated immediately.
Vehera may change, suspend or discontinue all or any aspect of its SaaS service at any time, including the availability of any cloud provider, feature, database, application software, or Content, without prior notice or liability.
If a SaaS account is de-activated and then re-activated the re-activation charge will be the subscription fee that was previously applicable to the account. The fee will be payable using previously provided merchant gateway information.
The Nasuni Access Anywhere Server service may contain links to third party websites and content integrations. By use of the Services, you expressly relieve Vehera from any and all liability arising from your use of any third-party website.
NEITHER VEHERA NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT ITS HOSTED SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER VEHERA NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.
NEITHER VEHERA NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. VEHERA IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT.
You agree to indemnify, defend and hold Vehera and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, costs and expenses, including attorneys fees, incurred by Vehera in connection with any Content or use of the hosted Services or Software via your credentials by you or by any other person, whether or not authorized by you. Vehera reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Vehera's defence of such claim.
NEITHER VEHERA NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VEHERA'S AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VEHERA AND YOU. IN JURISDICTIONS NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES VEHERA AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW. THE VEHERA SERVICES ARE PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, VEHREA AND VEHERA'S DISTRIBUTORS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
This Agreement shall be construed in accordance with English law, without reference to principles of choice of law. You and Vehera each irrevocably consent to the personal jurisdiction of the courts located in London, England ("Courts") with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services and/or Content and waive any objection to venue in any of the Courts for such an action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
