Thank you for using Tresorit. Tresorit is a cloud-based service that helps you share files and collaborate with your partners, colleagues and friends using cryptographic end-to-end security. Our Services are provided by Tresorit AG, having its registered seat at Pfingstweidstrasse 60b, CH-8005 Zurich, Switzerland ("Tresorit").
This document (the "Agreement") is a legally binding agreement between you ("Customer" or "User") and Tresorit; and governs access and use of our products and services, including applications, websites and relating Software (the "Services"). If you are agreeing to this Agreement not as an individual but on behalf of your organization, then "Customer" means your organization. In this case, this Agreement will bind your organization, unless your organization has a separate agreement in effect with us. You confirm that you have the necessary authority to enter into this Agreement on behalf of Customer before proceeding.
If you are being invited to collaborate through an account set up by a Customer, i.e. you are a Company Administered User, please note that in addition to this Agreement, your access and use of the Services is subject to your organization's control.
Please read this document carefully. If you sign up for, access or use our Services, you agree to this Agreement. Please do not use the Services if you are under 18 of age or barred from doing so under applicable law.
6.1. Optional Third-Party Services: Customer or a User may elect to connect a Connected AI Service to the Services. A Connected AI Service is a Non-Tresorit Service. Tresorit provides only the technical functionality that permits the connection and does not provide, operate, control or resell the underlying artificial intelligence model or service or act as the provider's agent.
6.2. Customer Relationship with Provider: Customer or the applicable User obtains access to the Connected AI Service through an account or other arrangement with its provider.
6.3. Customer is responsible for selecting, authorizing and configuring the Connected AI Service; maintaining and controlling access to any required credentials, including as described in clause 6.6; reviewing and complying with the provider's terms; and determining whether the provider is suitable for Customer's intended use and confidentiality, security, privacy and compliance requirements.
6.4. Transmission of Content: By enabling or using a Connected AI Service, Customer instructs and authorizes the transmission of the selected Customer Files, prompts, instructions and other information to the provider. The connection is designed so that this information is transmitted from the User's device to the provider, and Tresorit does not receive or store plaintext inputs or outputs solely because the connection is used.
6.5. Customer acknowledges that the provider may receive Customer Files or other information in decrypted form and that the provider's handling of that information is governed by its own terms, privacy notice and practices. Customer is responsible for having all rights, permissions and lawful bases required to transmit that information to the provider.
6.6. Credentials: Customer acknowledges that any person granted access to functionality using a Connected AI Service may be able to access or extract the API key or other credential used for that connection, including through browser developer tools or network traffic. Customer is solely responsible for controlling such access and for any use of the credential by a person to whom Customer or a User grants access to the relevant functionality. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRESORIT WILL HAVE NO LIABILITY ARISING OUT OF OR RELATING TO ANY ACCESS TO, DISCLOSURE OF, USE OR MISUSE OF ANY SUCH CREDENTIAL, INCLUDING ANY UNAUTHORIZED USE OF THE CONNECTED AI SERVICE, LOSS OF CONFIDENTIALITY, OR FEES, CHARGES OR OTHER COSTS INCURRED WITH THE PROVIDER. NOTHING IN THIS CLAUSE 1.6 EXCLUDES TRESORIT'S LIABILITY FOR ITS OWN INTENTIONAL OR GROSSLY NEGLIGENT BREACH OF THIS AGREEMENT, OR ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
6.7. Outputs and Decisions: Any summary, response, result, recommendation or other output is generated by the Connected AI Service and not by Tresorit. Outputs may be inaccurate, incomplete, non-unique, unreliable or unsuitable and may contain material that infringes third-party rights. Customer must independently review outputs before relying on or using them and remains responsible for all decisions and actions based on them. Tresorit makes no representation or warranty regarding any output.
6.8. Provider Risks: Tresorit does not control the provider's availability, functionality, security, confidentiality, data processing, retention, model training or other practices. To the extent permitted by applicable law, Tresorit is not responsible for any disclosure, loss or misuse of Customer Files, breach of confidentiality, security incident, data loss, infringement or other harm caused by the Connected AI Service or by Customer's or a User's selection, configuration or use of it. Nothing in this clause 6.8 excludes Tresorit's liability for its own breach of this Agreement or any liability that cannot be excluded under applicable law.
6.9. Changes: Tresorit may modify, suspend or discontinue a connection to a Connected AI Service if the provider, applicable law, security considerations or technical requirements change. Tresorit does not guarantee continued availability or compatibility of any Connected AI Service.
Business Administrators
7.1. Administrator rights: In the case of certain Service Plans, Customer may appoint selected Company Administered User(s) as "Administrator(s)" and may change this role at any time. Administrators may have the ability to monitor, restrict or terminate access to accounts relating to Customer's subscription ("Company Administered User Accounts"). In addition, Administrators may be entitled to request different or additional services (including setting up policies and 2-Step Verification for Customer accounts), assist in third-party product integrations, and accept notices, disclosures, and terms and conditions. Customer is responsible for informing Company Administered Users and Collaborators of all policies and practices that are relevant to the use of the Tresorit Services and any settings that may impact the processing of Customer Files or Personal Data.
7.2. Advanced control: Customer may set up advanced control in his own Business Subscription. Upon the consent of Company Administered Users to advanced control, a designated Administrator will gain cryptographic access to their Encrypted Content ("Recovery Administrator"). In such case, Tresorit will continue to store Customer Files in accordance with clause 2.1 above, i.e. Encrypted Content cannot be decrypted or inverted by Tresorit or any unauthorized third party. However, the designated Recovery Administrator will have access to the recovery key and might also reset Company Administered Users' passwords and may be able to access, disclose, restrict or remove information in or from Company Administered User Accounts.
7.3. Joining a Business Subscription: As a Customer, you may convert your private account into a Company Administered User Account by joining a Business Subscription. In that case, all data stored with Tresorit (including Encrypted Content and Service Data) will also be transferred into the Business Subscription. Be careful to join the right organization's Business Subscription because after joining the Business Subscription, you may not able to convert it back without deleting all data stored within the Service.
7.4. Business Email: If the primary email address of Customer's account is owned by an organization and was assigned to Customer as an employee, contractor or member of the organization, the Administrator may require that Customer joins the relevant Business Subscription and to convert his private account. In this case, Customer may not be able to use the Service without accepting the terms of that Business Subscription and without joining that Business Subscription.
7.5. Managed Services: If Customer purchases the Services via a Reseller, Customer may appoint any of the Reseller's personnel as Administrators of Customer's account. In this case, Customer Files are stored in accordance with clause 2.1 above, i.e. Encrypted Content cannot be decrypted or inverted by Tresorit or any unauthorized third party, but Customer acknowledges that, the Reseller may be able to control and have access to account information, including Customer Files and Service Data.