Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated here by reference. If you do not agree, you must not use the Service.

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and references to "you" in these Terms include both you individually and that entity.

2. Description of Service

aivaux is an AI-powered private cloud storage service. It allows you to upload, store, organize, and retrieve files in a personal, secure vault accessible only to you. The Service is delivered entirely over HTTPS.

Key capabilities include, but are not limited to:

• File storage — upload and store files up to 5 GB per file in your private vault.
• OCR text extraction — automatically extract searchable text from images and scanned documents.
• Auto-tagging — AI-generated tags to classify your files automatically.
• Semantic search — find files using natural-language queries.
• Duplicate scanning — identify duplicate files to help manage storage usage.
• File chat — ask questions about the contents of your files using an AI assistant.
• Privacy and sensitive data scanning — detect potentially sensitive information within your files.
• Smart reminders — AI-suggested reminders based on file content.
• Storage reports — insights and summaries about your vault usage.
• AI auto-organize — AI-proposed folder structures for your files.

Certain AI features are only available on the Premium subscription tier. We may update, modify, or discontinue features of the Service from time to time, with notice where required by these Terms.

3. User Accounts

Eligibility. You must be at least 13 years of age to create an account and use the Service. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. We do not knowingly collect personal data from children under 13. If we learn that a user is under 13, we will terminate that account without notice.

Accurate information. When you register, you agree to provide accurate, current, and complete information and to keep it up to date. Providing false information — for example, misrepresenting your age or identity — is a violation of these Terms and may result in immediate account termination.

Account security. You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. You agree to:

• Choose a strong, unique password and not share it with anyone.
• Notify us immediately at [email protected] if you suspect unauthorized access to your account.
• Log out at the end of each session, particularly on shared or public devices.

Your session will automatically expire after 30 minutes of inactivity (a rolling session). We are not liable for losses or damage arising from your failure to keep your credentials secure.

One account per person. You may only maintain one active account per person unless we expressly authorize otherwise. Creating multiple accounts to circumvent limits or restrictions is prohibited.

4. Acceptable Use Policy

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service to upload, store, transmit, or otherwise handle content or engage in conduct that:

• Violates any applicable local, national, or international law or regulation.
• Constitutes, depicts, facilitates, or promotes child sexual abuse material (CSAM) or the sexual exploitation of minors in any form. Such content will be reported to the National Center for Missing & Exploited Children (NCMEC) and relevant law enforcement authorities and will result in immediate account termination.
• Contains malware, spyware, ransomware, viruses, trojan horses, worms, or any other malicious or harmful code.
• Infringes or misappropriates the intellectual property rights, privacy rights, or other rights of any third party.
• Is defamatory, harassing, threatening, fraudulent, or deceptive.
• Involves unauthorized data scraping, crawling, or automated access to the Service beyond normal personal use.
• Attempts to gain unauthorized access to any part of the Service, other users' accounts, or our infrastructure.
• Interferes with or disrupts the integrity or performance of the Service or the systems of others.
• Facilitates or encourages any of the above activities.

We reserve the right — but are not obligated — to review content stored on the Service for compliance with these Terms. Violations may result in immediate suspension or termination of your account and, where required by law, reporting to appropriate authorities.

5. User Content

Your ownership. You retain full ownership of all files, documents, and other materials you upload to the Service ("User Content"). These Terms do not transfer any ownership of your User Content to us.

License you grant us. By uploading User Content, you grant aivaux a limited, non-exclusive, worldwide, royalty-free license to store, copy, process, and transmit your User Content solely to the extent necessary to provide the Service to you. This license exists only for the purpose of operating the Service and terminates when you delete the content or close your account.

AI processing disclosure. Some features of the Service — including OCR text extraction, auto-tagging, semantic search, duplicate scanning, file chat, privacy scanning, smart reminders, storage reports, and AI auto-organize — require us to process the contents of your files using AI models. By using these features, you expressly consent to this processing. We do not use your User Content to train AI models or share it with third parties except as described in our Privacy Policy.

Your representations. You represent and warrant that:

• You own your User Content or have all rights necessary to grant the license described above.
• Your User Content does not violate any applicable law or these Terms.
• Your User Content does not infringe the intellectual property, privacy, or other rights of any third party.

You are solely responsible for the legality, reliability, accuracy, and appropriateness of your User Content. We disclaim all liability arising from User Content you upload.

6. Subscription & Payments

Free Tier. The Free tier is available at no charge and includes a defined storage quota and access to core file management features, as described on our Pricing page. Free tier limits may change with reasonable notice.

Premium Tier. The Premium tier is a paid monthly subscription priced at $9.90 per month. Premium subscribers receive expanded storage and access to all AI-powered features. Premium billing begins after a 7-day free trial period. You will not be charged during the trial. A valid payment method is required to start a trial.

Payment processing. All payments are processed securely by Stripe, a third-party payment processor. By subscribing to Premium, you agree to Stripe's terms of service. We do not store your full payment card details on our servers. Your subscription will automatically renew each month on the same date until cancelled.

Cancellation. You may cancel your Premium subscription at any time from your account settings or by contacting us at [email protected]. Cancellation takes effect at the end of the current billing period. You will retain access to Premium features until the period ends, and you will not be charged again after cancellation. Cancelling does not delete your account or your files.

Refunds. All subscription fees are non-refundable except where required by applicable law (for example, certain consumer protection laws in your jurisdiction may provide a statutory right of withdrawal or refund). If you believe you are entitled to a refund under applicable law, please contact us at [email protected].

Price changes. We may change the price of the Premium tier from time to time. If we increase the price, we will give you at least 30 days' notice by email before the new price takes effect. Your continued use of the Premium tier after a price change constitutes acceptance of the new price.

Taxes. Subscription prices are exclusive of any applicable taxes unless stated otherwise. You are responsible for paying any applicable sales tax, VAT, GST, or similar taxes imposed by your jurisdiction.

7. Intellectual Property

aivaux's property. The Service — including its software, source code, user interface, design, graphics, logos, trademarks, text, and all underlying technology — is owned by aivaux and protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or brand assets without our prior written consent.

Restricted license to use the Service. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. You may not:

• Copy, modify, adapt, translate, or create derivative works of the Service or any part of it.
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service.
• Sublicense, sell, resell, transfer, assign, or otherwise exploit the Service commercially without our express written permission.
• Remove or alter any proprietary notices, labels, or marks on the Service.

Your content. As stated in Section 5, you retain full ownership of your User Content. We claim no intellectual property rights over the files you upload.

8. Termination

Termination by you. You may delete your account at any time from your account settings. Upon account deletion, all of your User Content stored in the Service will be permanently and irreversibly deleted from our systems. This process may take up to 30 days to complete across all backup and storage systems. Deletion of your account does not entitle you to a refund for any remaining paid subscription period except as required by law.

Termination or suspension by us. We may suspend or permanently terminate your account and access to the Service, with or without notice, if:

• You violate any provision of these Terms, including the Acceptable Use Policy.
• We are required to do so by law, court order, or regulatory authority.
• Your account is involved in fraudulent, abusive, or harmful activity.
• Your continued use creates legal liability for us or other users.

In cases of serious violations — including any involvement with CSAM, malware, or illegal activity — termination will be immediate and without prior notice. For lesser violations, where practicable, we will provide notice and a reasonable opportunity to remedy the issue before terminating your account.

Effect of termination. Upon termination of your account for any reason, the license granted to you under these Terms immediately ceases. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimer of warranties, limitation of liability, and governing law) will continue to apply.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY OUTPUT GENERATED BY AI FEATURES, INCLUDING OCR RESULTS, AUTO-TAGS, SEARCH RESULTS, OR FILE CHAT RESPONSES.

We do not guarantee any specific level of uptime or availability, and we do not offer a Service Level Agreement (SLA). We strongly recommend that you maintain independent backup copies of any critical files you store in the Service. aivaux is not a backup solution and should not be treated as your sole copy of important data.

AI-generated outputs (including tags, search results, summaries, and chat responses) may be inaccurate, incomplete, or inappropriate for your specific needs. You should independently verify any AI-generated results before relying on them for important decisions.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in full. In such jurisdictions, our warranties are limited to the minimum extent permitted by law.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIVAUX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE;
• DAMAGES ARISING FROM THE CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE;

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE — WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) FIFTY US DOLLARS ($50).

Some jurisdictions do not allow limitations on certain categories of damages or liability, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the minimum extent permitted by applicable law.

Important notice for Canadian consumers: If you are a resident of Canada, some provisions of these Terms related to warranty disclaimers and limitation of liability may be subject to applicable federal and provincial consumer protection laws, which cannot be waived or excluded. Nothing in these Terms is intended to limit your rights under those consumer protection laws. If a court finds any provision unenforceable against you due to applicable consumer protection legislation, that provision will be modified to comply with the law, and the rest of the Terms will remain in effect.

11. Canadian Consumer Protection & Subscription Rights

If you are a resident of Canada, you are entitled to the following rights under federal and provincial consumer protection legislation, which cannot be waived:

11.1 Cooling-Off Period

Under consumer protection laws in Canada, you may have a "cooling-off period" (sometimes called a "right of withdrawal") to cancel a paid subscription. The length and conditions of this period vary by province:

• 14-day right of withdrawal: Most Canadian provinces allow you to cancel a subscription within 14 days of purchase without penalty.
• How to exercise: To cancel within your cooling-off period, email [email protected] with "Subscription Cancellation" in the subject line. Include your account email. We will process your request within 5 business days and provide a full refund if you cancel within the applicable period.

11.2 Cancellation and Refunds

• You may cancel your subscription at any time from your account settings.
• Cancellation takes effect at the end of your current billing period, and you will not be charged again.
• If you cancel during your cooling-off period, you are entitled to a full refund.
• After the cooling-off period expires, subscription fees are non-refundable except as required by your provincial consumer protection legislation or if we terminate the service due to our breach of contract.

11.3 Price Changes

If we increase the price of the Premium subscription, we will provide you with written notice at least 30 days in advance by email. You will have the right to cancel your subscription before the price increase takes effect without penalty. Continued use of Premium after the pricing change takes effect constitutes acceptance of the new price.

11.4 Representations About the Service

We represent that:

• The Service will be provided with reasonable care and skill.
• The Service will be fit for the purposes for which cloud storage and AI-powered file management are commonly used.
• We will provide the Service in a timely manner.

11.5 Your Remedies

If we fail to meet any of the above representations or if the Service fails to conform to the description provided on our website, and this failure is material, your remedies include:

• Repair or replacement of the Service (or provision of equivalent service)
• Refund of all or part of the price you paid
• Cancellation of your subscription

To pursue any of these remedies, contact us at [email protected] with a description of the issue. We will work with you to resolve the problem within 15 business days.

11.6 Dispute Resolution

Before pursuing legal action, you and aivaux agree to attempt to resolve any dispute through good-faith negotiation. Send a written description of the dispute to [email protected]. We will respond within 10 business days. If the matter is not resolved within 30 days of initial contact, you may pursue legal remedies available under your applicable provincial or federal laws.

11.7 Provincial Override

The rights described above are in addition to any statutory rights you may have under federal, provincial, or territorial consumer protection legislation in Canada. If any provision of these Terms conflicts with your statutory rights, your statutory rights will prevail to the extent of the conflict.

12. Governing Law

These Terms and any disputes arising out of or in connection with them or the Service shall be governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the competent courts of the applicable jurisdiction, and you hereby consent to personal jurisdiction and venue in such courts.

If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms will continue in full force and effect.

13. Changes to These Terms

We may update these Terms from time to time to reflect changes in the Service, applicable law, or our business practices. We distinguish between two categories of changes:

• Material changes — changes that significantly affect your rights or obligations (for example, changes to payment terms, data handling, or liability). We will notify you of material changes by email at least 30 days before they take effect. Your continued use of the Service after the effective date of a material change constitutes your acceptance of the updated Terms.
• Non-material changes — minor clarifications, corrections, or updates that do not substantially affect your rights. These may take effect immediately upon posting, and we will update the "Last updated" date at the top of this page.

If you do not agree with a material change, you may close your account before the change takes effect. Closing your account will be treated as termination under Section 8 and does not entitle you to a refund except as required by applicable law.

We encourage you to review these Terms periodically. The most current version will always be available at aivaux.com/terms.

14. Contact Us

If you have any questions, concerns, or requests regarding these Terms or the Service, please contact us:

• Email: [email protected]

We aim to respond to all inquiries within 5 business days. For account-related requests (such as data deletion or billing disputes), please include the username or email address associated with your account so we can assist you efficiently.