Tresorit – Acceptable Use Policy

19 April 2024

Tresorit respects the right of others and we require the same from our Users. This Acceptable Use Policy (the "Policy") sets out a list of acceptable and unacceptable conduct for our Services. If we believe that you abuse or misuse our Services, we can follow the procedures set out in this Policy and the Terms of Service. This Policy may change from time to time, so please check back regularly for updates and changes. Capitalized terms used below but not defined in this Policy have the meaning set forth in the Terms of Service.

1. Access to the Service
   1. In order to use our Service, you may need to complete a registration process. When you register to the Service, you must:
      1. Provide information ("Registration Data") which is true, current, complete and accurate.
      2. Maintain and promptly update Registration Data to keep it true, current, complete and accurate at all times.
   2. We may evaluate your Registration Data from time to time.
2. Restrictions
   1. You must be 18 years or older to use the Services. Tresorit may ask at any time to show proof of age.
   2. One natural person is permitted to have only two user accounts (e.g. one account for business purposes and one account for personal use) at the same time. You are not eligible to use or create multiple accounts in order to gain additional cloud storage.
3. Acceptable use
   1. As a condition to make use of the Services you agree not to upload or share any files that:
      1. feature child pornography;
      2. are obscene, defamatory, libelous, slanderous, profane, indecent or unlawful;
      3. romote racism, violence or hatred;
      4. are factually inaccurate, false, misleading or deceptive;
      5. you do not have the right to copy and/or transfer;
      6. infringe, violate or misappropriate intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
      7. infringe on or violate any applicable law or regulation;
      8. constitute ‘hate speech‘, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
      9. facilitate or promote gambling, or the sale or use of liquor, tobacco products or illicit drugs; and/or
      10. otherwise violate applicable laws.
   2. You shall not misuse the Services. In particular, you agree not to:
      1. access or use the Service in a way intended to improperly avoid incurring fees, consuming unreasonable amount of storage or exceeding limitations of your Service Plan;
      2. use the Service to access, change, damage, delete or edit data without authorization;
      3. use any unauthorized means to modify, reroute, or gain access to the Service;
      4. try to access the Service with unauthorized software;
      5. damage, disable, overburden or impair the Service or any network connected to the Service;
      6. use the Service, directly or indirectly, to offer any service that competes with the Service;
      7. probe, scan or test the vulnerability of any system or network. Tresorit may, in its sole discretion, make exceptions to this duty and allow hacking activities against and limited to its non-production infrastructure;
      8. participate in any activity which interferes or may interfere with the efficiency of the Service;
      9. store or transmit any software or data containing any virus, malware, trojan, spyware or other software or program code that is malicious in nature;
      10. transmit junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose.
   3. You may not, and may not attempt to, directly or indirectly:
      1. sell, resell or lease the Services or Software;
      2. remove, obscure, or alter any notice of any of Tresorit trademarks, or other Intellectual Property appearing on or contained within the Services;
      3. modify, copy, tamper with or otherwise create derivative works based on the Software or the Services;
      4. analyse, reverse engineer, disassemble, or decompile the Software or the Services or apply any other process or procedure to derive the source code of any software of the Services, except for the scope in which such limitation is explicitly prohibited by law. For any release from these limitations the prior written express consent of Tresorit is required.
   4. If you are a Company Administered User, you must also comply with any applicable policies established by Customer.
4. Overuse
   1. If your usage of the Service exceeds the storage quota relating to you accounts, Tresorit will notify you about overuse. If, within 15 days from the delivery of such notice, you don’t remedy your overuse (e.g. by way of upgrading your Service Plan or by deleting files), Tresorit may, in its sole discretion and without further notice, suspend or terminate your account, or delete some or all of your files.
5. Passwords
   1. Tresorit has no access to your password and there is no way for Tresorit to recover your password. Please note that if your password is lost, Your Encrypted Content is irrevocably lost. Tresorit cannot be held liable if your password is lost and your Encrypted Content cannot be decrypted. We strongly recommend that you keep backups of any content on your own separated system
   2. You must keep your password confidential, and must not authorize any third party to use the Service on your behalf. You are responsible for all activities in relation to your account.
6. No monitoring obligation
   1. Tresorit, as an end-to-end encrypted cloud service provider has no knowledge of the Encrypted Content uploaded, stored or shared by its Customers via its Services. In accordance with section 3 and 6 of our Terms of Service, Customer alone is responsible for Customer Files and the Encrypted Content that it stores, processes, or makes accessible to third parties using Tresorit Services.
   2. Not with standing the above, Tresorit reserves the right to detect suspicious or fraudulent activity and to identify violations of our Terms of Service or Acceptable Use Policy. You must contact Tresorit immediately if you suspect misuse of your account or any security breach in the Service.
   3. You may also report to us any illegal content or content that allegedly breaches our Terms of Service or Acceptable Use Policy by sending an email to support@tresorit.com. or filling out this form at https://tresorit.com/contact. A report must at least meet the following requirements:
      
      1. identification of the material or link where the allegedly illegal content is available (including the URL and the client-side decryption key for that);
      2. precise description of the allegedly illegal content;
      3. reason a sufficiently substantiated explanation of why the content is illegal;
      4. name and email address of the individual submitting the report (with the exception of cases relating to child pornography);
      5. a statement confirming the bona fide belief of the individual or entity submitting the report that the information and allegations contained therein are accurate and complete.
      
      Notices of alleged copyright infringement must include at least the information set out in clause below
7. Copyright Notice
   1. Tresorit respects the intellectual property rights of others, and Tresorit requires the same from its users. We will respond to notices of alleged copyright infringement if they comply with the applicable law and are properly provided to us. We will take whatever action we deem to be appropriate, in our sole discretion, such as deleting content alleged to be infringing and to suspend or terminate the relevant accounts.
   2. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through the Service, please send a notice to our copyright agent:
   3. Please make sure that the notice must include the following information
      Copyright Infringement Agent
      Tresorit AG, Franklinstrasse 27, CH-8050 Zurich, Switzerland
      copyright@tresorit.com
      1. Identification of the copyrighted work that you claim to be infringed.
      2. Identification of the material or link allegedly hosting the infringing content, including the URL and the client-side decryption key for that.
      3. The copyright owner’s contact information (including mailing address, telephone number, and email address).
      4. A statement declaring that
      5. "I hereby state that I have a good faith belief that the use of the Protected Content is not authorized by the copyright owner, its agent, or the law,"
      6. "I hereby state that the information in this notice is accurate"
      7. "I hereby state, that I am the owner or am authorized to act on behalf of the owner of the copyright that is allegedly infringed;"
      8. The full name and electronic or physical signature of the copyright owner or the copyright owner’s agent.
8. Procedure and remedies
   1. Upon receiving a complaint, Tresorit will verify whether the report is complete and if it is able to assess the alleged infringement. If the content is found to be illegal or in violation of our Terms of Service, or this Policy, Tresorit make the necessary steps and where required under law or the Terms of Service, notify the relevant User / Customer.
   2. When making a decision about a complaint, Tresorit will act in a diligent, objective and proportionate manner, and will duly consider the rights and legitimate interests of all parties involved, including their fundamental rights. While Tresorit may involve automated tools to assess a complaint, the final decision will be taken by our team.
   3. Without affecting any other remedies available to us, we reserve the right to revoke access to content shared with links, suspend and/or terminate your account immediately on notice, if we – in our own discretion or after receiving substantiated and valid complaints – find that you violate this Policy, the Terms of Service or any applicable laws on the basis of the procedure set out in this section 8 or on the basis of our internal security inquiries.
   4. Affected users can appeal against any decision within eight days from their receipt of the relevant notification on the decision. Based on the appeal, Tresorit will re-assess the relevant facts of the case, considering the relevant user’s reasonable arguments. In any case, Tresorit reserves the right to make the final decision in its sole discretion.