General Terms and Conditions
("GTC")

This agreement between you and Universal Safe Deposit a.s. governs your use of the MySafee website software product and other services, which are collectively referred to as the "MySafee Service". It is imperative that you read and understand the following terms and conditions. By clicking to agree to these terms, you agree that these terms will apply if you choose to access and actively use the MySafee Service.

Universal Safe Deposit, Inc. ("USD") is the provider of the MySafee Service, which allows you to use certain Internet services and includes the storage of your content (such as documents, contracts, administrative and court orders, financial documents, and other documents selected by you) and making that content available on your compatible devices and computers under the terms and conditions set forth herein. Activation of the MySafee Service is automatic when used on Windows, Mac, iOS or Android devices. If necessary, you can deactivate MySafee in the Settings folder of the Service. Once MySafee has been activated, the content of your saved documents will be stored so that you can access them or have them sent wirelessly to other devices and computers that support MySafee.

It is important that you read and understand these terms and conditions and click on "I agree to the terms and conditions" to agree that these terms and conditions will apply if you choose to use and access the MySafee Service. These Terms and Conditions will govern your use of the MySafee Application. Based on these terms and conditions and your decision to become a Client of the MySafee Application, we will allow you to store documents, data and data files in the electronic safe at your discretion. As an introduction to the Terms and Conditions, you should note that:
  • The Company does not have access to your electronic safe and cannot monitor or use in any way the data you store in your electronic safe.
  • The Company cannot be held responsible for the contents of the documents you store in your electronic safe.
  • In the event that you decide to terminate your use of the Service, you will be allowed to vacate the contents of the electronic safe, as termination of the Service will result in the complete destruction of the electronic safe, including any contents of the safe that you leave behind.
  • The identification of the safe is based on your decision to assign the safe a name, which is completed by a unique alphanumeric code, the numerical combination of which is unknown to the Service Provider, therefore the Service Provider shall not be liable for unauthorised access to the safe in situations where the Client fails to protect the existence of its own alphanumeric code.

MySafee General Terms and Conditions

1. CONCLUSION OF AN AGREEMENT FOR THE USE OF THE APPLICATION


1.1. Displaying the button named "REGISTER" in the user environment of the Application is a proposal to conclude the Agreement by the Operator.

1.2 The Client's click on the "AGREE TO GTC" button constitutes the Client's unconditional acceptance of the proposal and this act constitutes the conclusion of the Contract.

1.3 The Client also agrees to these GTC and the Operator undertakes to inform the Client of this in the user interface of the Application.

1.4 Upon conclusion of the Contract, the provisions of these GTC come into force.

1.5 By concluding the Agreement, the Client accepts the rights and obligations arising from these GTC and the price list published on the websites www.MySafee.cz or www.MySafee.com. Except for the paid option, it is also possible to choose the free option when concluding the Contract. The Client acknowledges that no technical support is provided for the non-paid variant and that this variant is functionally different from the paid version. The form of the free version and the range of functions may change. The Client is not guaranteed the possibility of using the non-paid version or switching to this version. The availability of the Application and data is also not guaranteed in any way. In the event that the Client does not actively use the MySafee FREE Application, the System Operator may proceed to terminate the account in order to free up capacity for another Client.

1.6 Unless otherwise follows from the Agreement, it shall be deemed to have been concluded for an indefinite period of time. The use of the free version of MySafee FREE is limited to a maximum period of 60 days.


2. DEFINITION OF TERMS USED IN THE CONTRACT


The Terms and Conditions and the Contract define the various terms used therein as follows:

2.1. "Operator" means Universal Safe Deposit, a.s., with registered office at Londýnská 674/55, Vinohrady, 120 00 Prague 2, ID: 10668420 in cooperation with OPENSTORM AG, F. Nummer CHE-115.607.714, Gewerbestrasse 11, 6330 Cham, Switzerland.

2.2. "Application" means the internet application called MySafee, whose main functionalities include the function of storing documents of the Client, his/her family members, as well as all contractual documents, decisions of state authorities and financial documents that the Client considers important and has decided to store in his/her digital safe.

2.3 "Agreement" means the agreement concluded between the Client and the Operator, the subject matter of which is to grant the Client a License to use the Application on the terms and conditions set out in these GTC.

2.4 "Licence" means a non-exclusive licence to use the Application on the terms and conditions set out in these GTC.

2.5 "Client" means any legal or natural person other than the Operator who uses the Application.

2.6 "Client Account" means the non-public portion of the Application that is provided to the Client after the Client has entered the Login Details.

2.7 "Login Credentials" means the unique combination of the Client's login name, login email username and password, except for MySafee CRYPTO which does not require a login email.

2.8 "GTC" means these General Terms and Conditions.

2.9 The concluded Agreement and the legal relations between the Provider and the Client not expressly regulated by these GTC shall be governed by the relevant provisions of the Civil Code (No. 89/2012 Coll.) as amended and in force, as well as related regulations.


3. TERMS OF SERVICE


3.1 The Agreement governs access to and use of all products and services owned and offered by USD, including applications, websites, technologies, features and related software (the "Services").

Client shall be entitled to access and use the Services in accordance with the Agreement, the Privacy Policy, and other policies contained in these GTC.

3.2 The Provider shall remain the owner of the Software at all times. The Provider grants to the Client a limited, non-exclusive and non-transferable License to use the Software in connection with the Services in accordance with the Agreement and the GTC. The Provider and its other contractual licensors retain ownership of all copies of the Software, even after the Software has been installed on the Client's device.

3.3 The Provider does not exclude the possibility to purchase the Service from a third party vendor authorized by the Contract for securing the sale of the MySafee Application. Such cases may be subject to separate terms and conditions of such reseller. Client acknowledges and agrees that USD may enforce obligations under any such third party agreement against Client, and individual vendors have no authority to make any promises or commitments to Provider. Provider shall only be bound by the obligations set forth in these GTC.

3.4 The Client acknowledges that feature modifications will be required from time to time to improve the Application. The Client will be notified of particular versions of the Application via the email address associated with their account. For the MySafee CRYPTO product, notifications will be located within the Application. Upon notification, the Customer may terminate this Agreement within 30 days.

3.5 The Software provided to the Customer may be updated automatically. In some cases, the Client will need to download and install the latest software version. All such updates provided by the Provider shall be deemed to be Services subject to this Agreement unless otherwise determined by the Provider. It cannot be excluded that any update will trigger the need to download the latest version of the Software in order to use the Service.

3.6 The Client expressly acknowledges that the Provider does not have access to passwords entered by the Client. For the MySafee product, passwords can be reset using the "forgot password" function. This option is excluded for the MySafee CRYPTO product which does not have an email address associated with it. 
3.7 The Agreement does not grant the Provider any ownership rights in the contents of the Client Files or the Client's intellectual property, except for limited rights determined to the extent reasonably necessary to enable the Provider to provide the Services in accordance with this Agreement.

3.8 For the purpose of operating and providing the Services, Provider collects certain unencrypted information, which may include Personal Information. For more on this, see the data processing section of these GTC. At the same time, the Client agrees that the Provider will cooperate with entities in the Provider's group and with other authorized service providers in the provision of the Services.

3.9 Each party retains all rights and claims to all of its patents, copyrights, trademarks, trade secrets databases, domain names, know-how and any other intellectual property rights, except as provided in this Agreement. However, except as provided in this Agreement, the Agreement does not grant the Client any rights or claims to the Provider's intellectual property rights.

3.10 The Client Data shall be stored on the Application Provider's systems for the duration of the business relationship. After its termination, the Application Provider shall only retain data necessary to comply with legal requirements.

Limitation of liability of the Application Operator

3.11. The Client acknowledges that the Provider disclaims any liability in the use of the free services available to the prospective Paid Service Provider without any warranty. The Client may register to try the Service by means of the free Application, which is operated with limited data storage and editing functionality of the contents of the electronic safe. Registration for the free trial shall be deemed a promotional offer provided by the Operator, provided that any promotions may be terminated without notice.

3.12. Even in the case of paid services, the Provider shall not be liable to the Client or any other third party for any failure to perform or delay or interruption in the provision of the Service as a result of natural disaster, war, flood, mass riot, strike and other events fulfilling the definition of force majeure. The same applies to the consequences of any other event beyond the Provider's reasonable or possible control. Unless the jurisdictions of certain states allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages or personal injury which mean that limitations of certain risks may not apply, in those jurisdictions the Provider's liability will be limited to the greatest extent permitted by law within that jurisdiction.

3.13 In the event of the Application Provider's total liability for any claim made under the legal relationship established by the Agreement and these GTC, the parties agree that the amount of damages shall not exceed and shall be limited to an amount equal to the amount of the amounts paid for the use of the Application in the preceding calendar year. If it is not possible to determine the maximum damages according to the previous sentence, such maximum damages shall correspond to the sum of the amounts paid by the User for the use of the Application in the current calendar year.


4. REQUIREMENTS FOR THE USE OF THE SERVICE


4.1 Use of the Application requires access to the Internet and the Microsoft Internet Explorer and/or Google Chrome and/or Mozilla Firefox and/or Opera and/or Safari web browser - always the current version offered by the manufacturer.

4.2 Use of the MySafee Service includes the ability to enter into contracts and conduct transactions electronically. The Client acknowledges that his/her electronic submissions confirming his/her consent and intent to be bound by such contracts and transactions and to make the applicable payments, including consent and intent to be bound by electronic submissions, shall apply to all records relating to all transactions entered into by the Client under the Service, including notices of cancellation of contracts, applications and registrations.

4.3 In order to avoid exceeding the storage capacity, the Provider shall be entitled to reduce the stored documents so that each of the stored documents is scaled down to a size of 1 MB.


5. OBLIGATIONS OF THE CLIENT


5.1 As a condition of using the Services, you agree to refrain from uploading, sharing or storing files that:

- infringe or misuse intellectual property rights, data protection rights, privacy rights or any other type of rights,

- constitute hate speech, whether directed against an individual or group, and whether based on an individual's or group's race, creed, religious affiliation, national origin, sexual orientation or language,

- promoting the production of tobacco or illegal drugs, promoting gambling or the sale and use of alcohol, racism, violence or hatred.

- Are related to child pornography, defamation, vulgar or obscene language or data that is false, misleading or deceptive,

- otherwise violate the applicable laws or regulations of the jurisdiction of which the Client is subject.


6. OBLIGATIONS OF THE PROVIDER


6.1 The Provider shall ensure a high level of availability of the Application in the Client's national languages on an online basis with the highest level of security and protection of the Client's personal data.

6.2 The Provider is obliged to block access to unauthorized users in case of attempts to guess access passwords. Furthermore, the Provider is obliged to encrypt the stored data and encrypt the communication between the server and the Client with a Secure Socket Layer (SSL) - security certificate.

6.3 The Provider shall never collect or store Client files, encryption keys and passwords in unencrypted or invertible form. Encrypted content and corresponding encryption keys may only be decrypted by the Client and persons with whom the Client expressly shares them. Therefore, the Provider is not able to decrypt encrypted content and therefore does not have access to such content. The Provider cannot use the encrypted content of the Client's documents to identify any individual.


7. PAYMENT OF THE SERVICE, TERMINATION OF THE SERVICE


7.1 Payment for the use of the MySafee Application or MySafee CRYPTO is subject to the applicable price list, which is included in the Application at www.mysafee.com. The User may make payments by all payment methods indicated in the Application, in all currencies indicated in the Service Provider's price list. Payments are processed through a payment gateway, bank transfer or deposit to the Provider's bank account.

7.2 The MySafee Application Subscription Fee will be debited to your payment method on the specific payment date specified in the "Settings" of your account. The length of your billing period will depend on whether you have increased safe deposit box capacity. If so, the following applies: An increase in safe deposit box capacity is worth $25 per 1,000 document space increase. You can increase your safe deposit box capacity within the "Settings" of your account. When you increase your safe deposit box capacity, the subscription period will be reduced proportionally by the value of the safe deposit box capacity increase. (i.e., the cost of the increase will be deducted from the subscription payment made for that particular plan). The reduction in billing period can be calculated using the following formula: x=25/(( a )/( b ))

Where a = subscription price
b = the length of the subscription.
Round the result to whole numbers.
All subscriptions renew automatically and to cancel them you need to cancel the service in your safe settings, subject to the conditions in section 7.3 and 7.4.

7.3 Termination of use of the Service is deemed to be termination of the subscription by the Client. In this case, the Client's entitlement to use the Service ends upon the expiry of 30 days from the end of the Client's payments. The Service Provider shall call upon the Client to pay the amount due and if even within the 30 day notice period the Client fails to renew his/her subscription, the provision of the Service shall be deemed to have terminated on expiry of this 60 day period. The Service Provider may also terminate the provision of the Service with 30 days' notice. If the Client is found to be in breach of its obligations under these GTC, in particular if it is found in any way that documents are stored in the electronic safe, the storage of which is expressly prohibited by these GTC.

7.4 As a Client, you are entitled to access, modify or delete documents within the encrypted contents of your electronic safe. In the event that you terminate the provision of MySafee services, your encrypted vault contents will be automatically deleted after a 30 day notice period and after a further additional period of 30 days. For support purposes and in order to preserve your encrypted content, this content will be retained for a further 60 days from the date you stop using the MySafee Paid Service. Accordingly, the Client acknowledges that after these dates, the encrypted contents of the safe will be destroyed in such a way that its recovery will no longer be possible and will not be available to anyone, including the Client.


8. PRIVACY POLICY


8.1 The Operator shall proceed with the processing of personal data in accordance with Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, Act No. 101/2000 Coll., on the protection of personal data and the Act which will replace this Act in order to implement the above mentioned Regulation, Act No. 480/2004 Coll., on certain information society services, Act No. 127/2005 Coll., on electronic communications and other legal regulations governing the protection of personal data.

8.2 When using the Service, creating and using the Client's account, the Client may enter unencrypted data, which may include personal data that the Provider needs to process for the provision of the Service. This is the so-called registration information, which is entered in unencrypted form as identifying contact information required during registration and serves as billing information or payment information.

8.3 If the Client uses electronic communication to communicate with the Provider, the email address associated with the Client's account will be used for these purposes by default. This email address may also be used to verify information sharing between the Provider and the Client. The Client acknowledges that said electronic communication information will be visible to the Client in the capacity of the requester and to other users who have rights to access the file, folder or email address provided.

8.4 The Client shall be entitled to make a decision to share additional information, including personal data, in the event that the Client decides to contact the Client Support or Sales Program, or decides to submit a form published on the Provider's website, or decides to communicate with the Provider in another form. It is the Client's sole decision what data to provide to the Provider, provided that the processing of such data is based on the Client's consent to its processing.

8.5 The Client acknowledges that MySafee, as a Service provided via the Internet, collects certain information that is stored in log files when the Client works with its website or Service. This information includes Internet Protocol (IP) addresses, as well as browser type, operating system, identification numbers associated with Client's devices during access and error logs.

8.6 The Provider reserves the right to work with business partners who generate potential clients for the Provider and provide sales and product promotion. The Provider is entitled to receive information about prospective Clients from these partners, including billing information, contact information, business names and registrations. Similarly, the Provider may receive information from the contractual partners about the Client's cooperation with the Provider's website or any online advertisements.

8.7 Your personal data may be used by the Provider, in particular for the provision of the Service, i.e. for the provision and maintenance of your Client Account, for billing, for communication, which is mainly represented by technical notifications, updates, security alerts or administrative management. Other uses of your personal data are permitted in the context of the development of the Service, i.e. aggregated web statistics or to analyse a new feature. Furthermore, the data may be used to send marketing communications, including via applications of other companies, for example on platforms such as Facebook and Google. We may also use your personal information to secure your profile, authenticate your account, or to monitor suspicious or fraudulent activity that could compromise the security and anonymity of your electronic safe.

8.8 The Provider may transfer personal information if required to do so by applicable law or if such action is necessary to comply with the law, national security issues or law enforcement. Similarly, the Provider may need to share personal data to protect the Provider's rights and interests, to protect the Client's safety or the safety of others, or to investigate fraud or other serious crime in connection with applicable laws.


9. CONSENT TO THE PROCESSING OF COOKIES


9.1 What are cookies

Cookies are short text files that a website sends to your browser. They allow the website to record information about your visit, such as your chosen language and so on. This can make your next visit to the website easier and more enjoyable. Cookies are important because without them, browsing the Internet would be much more difficult. Cookies enable you to make better use of our website and to adapt its content to your needs. Almost every website in the world uses cookies. Cookies are useful because they increase the user-friendliness of a repeatedly visited website.

9.2 Types of cookies

Session (i.e. temporary) cookies allow us to link your individual activities while you are browsing this website. These cookies are activated when you open your browser window and deactivated when you close your browser window. Session cookies are temporary and all these files are deleted when you close your browser.

Persistent cookies help us to identify your computer if you visit our website again. Another advantage of persistent cookies is that they allow us to tailor our website to your needs.

9.3 Use of cookies

In accordance with the provisions of Section 89(3) of Act No. 127/2005 Coll., on Electronic Communications, as amended, we hereby inform you that our website uses cookies for its operation, i.e. we process your cookies, including persistent cookies.

9.4 This consent is granted for a period of 10 years.

Internet browsers usually include the management of cookies. Within the settings of your browser, you can therefore probably delete individual cookies manually, block or completely prohibit their use. For more information, please use the help section of your browser.

9.5 Purpose of cookies

We only use cookies for the purposes set out in our terms and conditions.


10. GENERAL


10.1 The provisions of these GTC constitute the entire agreement between the Client and USD. It governs the use of the MySafee Service and supersedes in its entirety any previous arrangements between the Client and the Provider in relation to the MySafee Service.

10.2 If any portion of this Agreement is found to be invalid or unenforceable, such portion shall be construed in accordance with applicable law to reflect the original intentions of the parties to the fullest extent possible and the remaining portions shall retain full force and effect. The failure of the Provider to exercise or enforce any right or provision of the provisions contained in the Contract shall not constitute a waiver of the further exercise of such right or provision.

10.3 Relationships and any disputes arising under the Contract shall be governed exclusively by the laws of the Czech Republic and shall be resolved by the competent courts of the Czech Republic.

10.4 All communication between the Service Provider and the Client shall be conducted exclusively electronically, via email at info@mysafee.com. In the case of written communication, the delivery address shall be the address of the Service Provider's registered office in Prague 2, Londýnská 674/55.

10.5 These GTC are published on the Service Provider's website www.mysafee.com. These GTC shall come into force on 1.10.2024.


Universal Safe Deposit, a.s.