1. Penta SecureBox Terms of Service
Last modified on March 1, 2018
Thank you for using our Penta SecureBox services (“SecureBox”). SecureBox is provided by Penta SA, rue Bémont 4, 1204 – Geneva – Switzerland (“PENTA”)
By using SecureBox, you or your organization (“You”) are agreeing to these terms (“Ageement”).
1.1. Using SecureBox
You must follow any policies made available to You within the SecureBox environment.
Don’t misuse SecureBox. For example, don’t interfere with the software or try to access them using a method other than the interface and the instructions that we provide. You may use SecureBox only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing SecureBox to You if You do not comply with our terms or policies or if we are investigating suspected misconduct.
Using SecureBox in any form (either hosted, on premise or white-labelled) does not give You ownership of any intellectual property rights in SecureBox. These terms do not grant You the right to use any branding or logos used in SecureBox. Don’t remove, obscure, or alter any legal notices displayed in or along with SecureBox.
In connection with your use of SecureBox, we may send You service announcements, administrative messages, and other information. You may opt out of some of those communications.
SecureBox is also available on mobile devices. Do not use SecureBox in a way that distracts You and prevents You from obeying traffic or safety laws.
1.1.1. Use of your content in SecureBox
You acknowledge that the data managed in SecureBox is subject to various regulations (including, but not limited to, the Swiss Federal Data Protection Act or other legal provisions governing specific country(ies) where your data resides). You, in the quality of data owner, further acknowledge that it is your sole responsibility to comply with these rules.
You are in particular solely responsible to define the content and use purpose of such data in full compliance with the law. You further warrant that You will only use SecureBox for lawful purposes and in compliance with Netiquette. See http://en.wikipedia.org/wiki/Netiquette.
Further, You will hold PENTA harmless from all damage or loss resulting from the infringement of these obligations.
Notwithstanding any contradictory contract or non-mandatory legal duties, PENTA further reserves the right, at any time, without notice and excluding any claims against it, to put an immediate end to its services, or to block access to SecureBox, if there are serious reasons to doubt the legitimate use of SecureBox by You or by your organization, and to inform the competent authorities.
2. Your SecureBox Account
You will need a SecureBox Account (“Account”) in order to use SecureBox. Your Account will be created and assigned to You by a PENTA administrator. The Account credentials will be composed of a user ID, a password and a passcode. The passcode is the two-factor authentication mechanism “2FA” sent to You by email, SMS or authenticator app at every login.
If You are already using other PENTA services and have a user-id and a password, these will be valid to use SecureBox. As such, You don’t need to obtain separate login credentials for SecureBox. The only addition to login will be the passcode.
2.1. Account password
Your password is only known by You. Therefore, it is not possible for anyone except yourself to access your SecureBox data.
To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through SecureBox session. Try not to reuse your password on third-party applications. If You learn of any unauthorized use of your password, please notify PENTA immediately. If in doubt, You can reset your password in Settings – Account – Change password option in your SecureBox session or request for a new password on the SecureBox login screen, by clicking on the “Forgot Password” button. A new, temporary password will be sent to You by email. We strongly recommend You immediately change your password in the account settings option.
3. SecureBox Agreement
3.1. Adding and modifying services
You can change your contracted services at any time, by adding or removing users to your SecureBox environment, or by increasing storage space either for a particular user or as an aggregate space to all users in your organization or purchase any additional service and make it available to your account.
Affected services charge adjustment is effective on the day when the change is provisioned regardless of its actual date of use. The minimum period of a service usage for the invoicing process is one month, becoming effective in the calendar month of its provision.
3.2. Service renewals
At the end of a service period, SecureBox services automatically renew for a new period, equal to the duration of the last billed period, unless either terminated by You or by PENTA (see Terminating services), or if there is a payment issue. In case of non-payment, services will be suspended after a grace period of 10 days.
3.3. Terminating services
You can stop using SecureBox and/or any related services at any time. However, the prepaid amount purchased for the duration of the Agreement term will not be refunded in case of early termination.
3.4. Data restitution
We believe that your access to your data, in the capacity of data owner is important. If services are either terminated for any reason by You or discontinued by PENTA, except if termination by PENTA is due to infringement of law as described in section 1.1.1, You will be given reasonable time, but up to 30 days from the date of termination to retrieve your data.
After the 30-day period, all your data shall be permanently deleted from PENTA systems. As such, PENTA, in the capacity of the service provider, shall be totally released and exhaustively freed from any other obligation of restitution or retention of your data, and be under no further liability whatsoever, regardless the nature of the claim.
4. SecureBox software license
The on-line version of SecureBox license is an on-demand, pay as you use and a non-perpetual license. It may update automatically on your device once a new version or feature is available. There are also perpetual on premise or perpetual white labelled licenses available for larger organizations or those who prefer keeping all their data in-house. PENTA gives You a personal, worldwide, royalty-free, non- assignable and non-exclusive license to use SecureBox. In all cases, this license is for the sole purpose of enabling You to use and enjoy the benefit of the SecureBox as provided by PENTA, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of SecureBox, nor may You reverse engineer or attempt to extract the source code from it, unless You have our written permission to do so.
4.1. Our warranties and disclaimers
Other than what is expressly set out in these terms or additional terms, PENTA does not make any specific warranties about SecureBox. For example, we don’t make any commitments about the overall functionality within SecureBox or the behaviour of specific functions, or their reliability, availability, or ability to meet your needs. We provide SecureBox software “As is”.
4.2. Limitations of liability
PENTA will not be responsible for lost profits, revenues, loss of data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of PENTA for any proven claims under these terms, including for any implied warranties, is limited to the amount You paid us to use SecureBox during a maximum length of 3 months, or, if we choose, to supplying You SecureBox services again. In all cases, PENTA will not be liable for any loss or damage that is not reasonably foreseeable.
4.2.1 Services liabilities for business use
If You are using SecureBox on behalf of a business, that business accepts these terms. It will hold harmless and indemnify PENTA, officers, agents, and employees from any claim, suit or action arising from or related to the use of SecureBox or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
4.3 About these terms
We may modify these terms or any additional terms that apply to SecureBox or related services. For example, reflect changes to the law or changes to our services. You should look at the terms regularly. We’ll post notice of modifications to these terms on our website. Changes will not apply retroactively and will become effective on the day they are posted including changes addressing new functions for a service or changes made for legal reasons. If You do not agree to the modified terms for a service, You should discontinue your use of that service.
If there is a conflict between these terms and the additional terms, the additional terms will prevail. These terms control the relationship between PENTA and You or your organization under the Agreement. They do not create any third party beneficiary rights. If You do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, it will not affect any other terms.
4.4. Copyright protection
SecureBox Services are copyright protected in Switzerland and in the European Union.
5. Applicable law and place of jurisdiction
The place of jurisdiction for any dispute resulting from the Agreement shall be Geneva, Switzerland. The Agreement concluded under the present general terms and conditions are exclusively governed by Swiss Law.