1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Aurora Media Vault Inc. ("Aurora Media Vault," "we," "us," or "our") governing your use of our secure media storage platform and related services (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.
Important: These Terms include provisions that limit our liability, require binding arbitration for disputes, and govern the termination of your account. Please read carefully.
2. Service Description
Aurora Media Vault provides secure, Canadian-hosted cloud storage services specifically designed for professional photographers, videographers, and creative professionals to store, manage, and archive high-resolution media files.
2.1 Core Services Include:
- Secure cloud storage for photos, videos, and other media files
- Data encryption (AES-256) and Canadian data residency
- File versioning and backup capabilities
- Collaboration and sharing features
- API access for workflow integration
- Desktop and mobile applications
2.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.
3. Account Registration
3.1 Eligibility
To use the Service, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding contracts
- Provide accurate, current, and complete registration information
- Not be prohibited from using the Service under Canadian law
3.2 Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
- Ensuring your account information remains accurate and up-to-date
3.3 Account Security
You must:
- Use a strong, unique password
- Enable two-factor authentication when available
- Not share your account credentials with others
- Log out from shared or public devices
3.4 Business Accounts
If you register on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms. The entity will be responsible for all activities under the account.
4. Subscription & Payment
4.1 Subscription Plans
We offer various subscription plans with different storage capacities and features. Current pricing is available on our Pricing page. All prices are in Canadian Dollars (CAD) unless otherwise stated.
4.2 Free Trial
- Free trials are offered for new accounts only
- No credit card required for trial period
- Trial limitations apply (storage capacity, features)
- We may modify or discontinue trial offers at any time
- One trial per user/organization
4.3 Billing & Payment
Subscription Fees:
- Subscriptions are billed in advance (monthly or annually)
- Payment is due at the start of each billing cycle
- Failed payments may result in service suspension
- You authorize automatic recurring charges
Payment Methods:
- Major credit cards (Visa, Mastercard, Amex)
- PayPal
- Wire transfer (Enterprise accounts only)
4.4 Price Changes
We may change subscription prices at any time. Price changes will be communicated at least 30 days in advance and will take effect at your next renewal date. Continued use of the Service after a price change constitutes acceptance of the new price.
4.5 Refund Policy
- Monthly Subscriptions: No refunds for partial months
- Annual Subscriptions: 30-day money-back guarantee from initial purchase
- Storage Overages: Charges for additional storage are non-refundable
- Service Issues: Refunds may be issued at our discretion for service failures
4.6 Cancellation
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to your account and data until the end of the paid period.
4.7 Storage Limits & Overages
- Exceeding your storage limit may result in upload restrictions
- We will notify you when approaching your limit (80%, 95%)
- You must upgrade your plan or delete files to continue uploads
- We will not delete your files, but new uploads will be blocked
5. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms.
5.1 Prohibited Activities
You must NOT:
- Upload Illegal Content: Child sexual abuse material, terrorist content, or content that violates Canadian criminal law
- Infringe Rights: Upload content that infringes copyright, trademark, or other intellectual property rights
- Distribute Malware: Upload viruses, malware, or malicious code
- Abuse the Service: Engage in activities that harm, disrupt, or interfere with the Service
- Circumvent Security: Attempt to gain unauthorized access or bypass security measures
- Excessive API Usage: Exceed rate limits or abuse API access
- Resell Service: Resell, redistribute, or provide access to the Service without authorization
- Scrape or Harvest: Use automated tools to collect data from the Service
- Misrepresent Identity: Impersonate others or provide false information
5.2 Content Monitoring
While we respect your privacy, we reserve the right to:
- Monitor usage for compliance with these Terms
- Investigate suspected violations
- Remove content that violates these Terms
- Report illegal activity to law enforcement
- Cooperate with legal investigations
5.3 Consequences of Violations
Violation of the Acceptable Use Policy may result in:
- Warning and request to remove violating content
- Temporary suspension of account
- Permanent termination of account without refund
- Legal action and reporting to authorities
- Liability for damages caused by violations
6. Your Content
6.1 Ownership
You retain all ownership rights to the content (photos, videos, files) you upload to the Service ("Your Content"). We do not claim ownership of Your Content.
6.2 License to Us
By uploading Your Content, you grant us a limited, non-exclusive, worldwide license to:
- Store and process Your Content to provide the Service
- Make backup copies for redundancy and disaster recovery
- Display Your Content back to you and authorized users
- Perform necessary technical operations (format conversion, optimization)
Important: This license is solely for operating the Service. We will not use Your Content for marketing, advertising, or any other purpose without your explicit permission.
6.3 Content Responsibility
You are solely responsible for:
- The legality and appropriateness of Your Content
- Ensuring you have rights to upload and store Your Content
- Compliance with copyright and intellectual property laws
- Any claims or disputes arising from Your Content
6.4 Backup Responsibility
Critical Notice: While we implement robust backup systems, you are responsible for maintaining your own backup copies of Your Content. We are not responsible for data loss due to account deletion, service failures, or other circumstances. Do not use the Service as your sole backup solution.
6.5 Content Deletion
You may delete Your Content at any time. Deleted content is:
- Removed from active storage within 24 hours
- Purged from backup systems within 90 days
- Subject to legal hold if required by law
7. Intellectual Property
7.1 Our Intellectual Property
The Service, including its design, software, features, branding, and all related intellectual property, is owned by Aurora Media Vault and protected by Canadian and international copyright, trademark, and other intellectual property laws.
7.2 Restrictions
You may not:
- Copy, modify, or create derivative works of the Service
- Reverse engineer, decompile, or disassemble the software
- Remove or alter copyright, trademark, or proprietary notices
- Use our trademarks without written permission
7.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, we may use them without any obligation to you. You grant us a perpetual, irrevocable, royalty-free license to use any feedback you provide.
8. Service Availability & Performance
8.1 Service Level Target
We target 99.9% uptime for our Service (measured monthly), but this is a goal, not a guarantee. We will use commercially reasonable efforts to maintain service availability.
8.2 Maintenance
- Scheduled maintenance will be announced in advance when possible
- Emergency maintenance may occur without notice
- We will minimize disruption during maintenance windows
8.3 Service Disruptions
The Service may be unavailable due to:
- Scheduled or emergency maintenance
- Technical failures or infrastructure issues
- Network or internet service provider issues
- Force majeure events (natural disasters, etc.)
- Cyber attacks or security incidents
8.4 No Guarantee of Performance
We do not guarantee specific upload/download speeds, as performance depends on many factors including your internet connection, file size, and network conditions.
9. Termination
9.1 Termination by You
You may terminate your account at any time by:
- Canceling your subscription through account settings
- Contacting customer support
- Allowing your subscription to expire without renewal
9.2 Termination by Us
We may suspend or terminate your account immediately if:
- You violate these Terms or our Acceptable Use Policy
- Your payment method fails or you are in arrears
- We detect fraudulent or illegal activity
- Required by law or court order
- Your account has been inactive for an extended period
9.3 Effect of Termination
Upon termination:
- Your access to the Service will be immediately revoked
- You will have 30 days to export Your Content
- After 30 days, all Your Content will be permanently deleted
- No refunds will be provided for prepaid fees (except as required by law)
- Provisions of these Terms that should survive will remain in effect
10. Warranties & Disclaimers
10.1 Your Warranties
You warrant that:
- You have the right to upload and store Your Content
- Your Content does not violate any laws or third-party rights
- You will comply with all applicable laws when using the Service
- All information you provide is accurate and truthful
10.2 Service Disclaimer
IMPORTANT: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Uninterrupted or error-free operation
- Security or freedom from viruses
- Accuracy or reliability of the Service
10.3 Security Disclaimer
While we implement industry-standard security measures, we cannot guarantee absolute security. We are not responsible for unauthorized access, hacking, data breaches, or other security incidents that may occur despite our efforts.
11. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.
11.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AURORA MEDIA VAULT SHALL NOT BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
- LOSS OR CORRUPTION OF YOUR CONTENT
- COST OF SUBSTITUTE SERVICES
- BUSINESS INTERRUPTION OR SYSTEM FAILURES
11.2 Cap on Liability
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 CAD, WHICHEVER IS GREATER.
11.3 Exceptions
These limitations do not apply to:
- Our willful misconduct or gross negligence
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Liability that cannot be excluded under applicable law
12. Indemnification
You agree to indemnify, defend, and hold harmless Aurora Media Vault, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising from:
- Your use of the Service
- Your Content or its upload/storage
- Your violation of these Terms
- Your violation of any law or third-party rights
- Any dispute between you and another user
13. Governing Law & Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
13.2 Jurisdiction
You agree to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for resolution of any disputes.
13.3 Dispute Resolution Process
Step 1: Informal Resolution
Before filing a legal claim, you agree to contact us at legal@auroravault.ca to attempt to resolve the dispute informally. We will work in good faith to resolve issues within 30 days.
Step 2: Mediation
If informal resolution fails, we agree to non-binding mediation before resorting to litigation or arbitration.
Step 3: Arbitration
Any disputes not resolved through mediation shall be resolved through binding arbitration administered by ADR Chambers in Toronto, Ontario, in accordance with its Commercial Arbitration Rules.
13.4 Class Action Waiver
You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class actions or representative proceedings.
14. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will:
- Post the updated Terms on our website with a new "Last Updated" date
- Send email notification to registered users
- Display a prominent notice on the Service
- Provide at least 30 days' notice before changes take effect
Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.