Tresorit – Data Residency Option Specific Terms

If Customer subscribes to a Service Plan which enables Customer to select a major geographic area for data storage purposes ("Data Residency Option"), then Customer’s and its Administered Users use of Tresorit Data Residency Option is subject to the Tresorit Terms of Service and the following additional terms (these "Terms").

  1. Data Residency Option: In accordance with clause 4.3 of the Terms of Service, Customer is entitled to select within the Tresorit application the respective geographic area(s) ("Location").

  2. Location of Encrypted Content:Tresorit agrees to store the Encrypted Content in the Location specified by the Customer via the Tresorit application, subject to the following terms. Customer understands and agrees that:

    1. these Terms supersede and replace any and all provisions in the Terms of Service regarding the location of Encrypted Content storage and related controls (but only those terms);

    2. the Encrypted Content will be stored and may be partially processed in the Location(s), while some processing and metadata storage, in particular in respect of Service Data will continue to be provided in accordance with section 4 of the Terms of Service;

    3. it is only the Encrypted Content uploaded after Customer’s subscription to and provisioning of the relevant Service Plan that will be stored in the Location selected in accordance with these Terms;

    4. no change of the selected Location can be requested in respect of the relevant Encrypted Content after the folder including the relevant Encrypted Content is created; and

    5. if Customer elects to use a Custom Subdomain (as specified in the Custom Domain Documentation), then the Encrypted Data and relating Service Data shared through such Custom Subdomain may be partially processed in accordance with the Custom Subdomain Documentation; and

    6. in accordance with clause 6.2 of the Terms of Service, Customer is solely responsible, for compliance with laws and regulations applicable to Customer's and Company Administered User's use of the Services, including to configure and properly use the Services to address Customer’s obligations related to data types and data residency obligations.

  3. Bring Your Own Azure: Where Customer elects to use the Bring Your Own Azure Storage Service, Tresorit agrees to store the Encrypted Content at the Microsoft Azure storage account specified by the Customer (the "Selected Account") subject to the Bring your own Azure Storage Specific Terms.

  4. Miscellaneous: These Terms shall be construed in accordance with the provisions of the Terms of Service. In case of any discrepancies between the Terms of Service and these Terms, the provisions of these Terms shall prevail. In the case of any conflict or inconsistency between the following documents, the order of precedence will be (i) the Bring Your Own Azure Specific Terms (if applicable), (ii) these Terms, (iii) the Terms of Service.

    This Agreement is governed by Swiss law, excluding the Swiss conflict of law rules. The parties specifically exclude applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any Incoterms.

    Any disputes arising out of or in connection with this agreement shall be decided by arbitration administered by the International Centre for Dispute Resolution (ICDR) in accordance with its International Arbitration Rules. The number of arbitrators shall be one (1) as shall be selected by the ICDR. The place of arbitration shall be Zurich, Switzerland. The language of the arbitration shall be English.