TERMS OF SERVICE

This Terms of Service Agreement (the “Agreement”) is between Private Storage.io, LLC

(“Company”) and the entity or individual assenting to these terms (“Client” “You” “Organization”). The Agreement governs access to and use of the Private Storage.io website, client software, and services (“Services”) by Client.

By downloading and using our software and service, you acknowledge that you have fully reviewed the following terms and conditions, have the authority to bind Yourself or Your Organization, and accept the Agreement on the Organization’s behalf. Please note that if you do not agree with all of these the terms set forth in the Agreement your sole remedy is that you may not access or otherwise use any of the Services.

Definitions.

The following definitions shall apply for purposes of this Hosted Software Services Agreement:

1. Private Storage.io Services.

2. Client Obligations.

3. Account Suspension and Termination.

4. Intellectual Property Rights.

5. Fees and Payment.

6. Term and Termination of Agreement.

7. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR PRIVATE STORAGE.IO’S OR CLIENT’S INDEMNIFICATION OBLIGATIONS, NEITHER CLIENT NOR PRIVATE STORAGE.IO AND ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR (i) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES, PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, PRIVATE STORAGE.IO’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE SERVICES HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

8. Disclaimer of Warranties.

THIS SITE AND THE SERVICES ARE PROVIDED “AS IS” AND ALL USE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PRIVATE STORAGE.IO DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF PRIVATE STORAGE.IO, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY MATERIALS IN THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY:

9. Export Restrictions.

The export and re-export o* Client Data via the Services may be controlled by United States export regulations or other applicable restrictions or embargo. The Services may not be used in Cuba, Iran, North Korea, Sudan, or Syria or any country that is subject to an embargo by the United States. Client must not use the Services in violation of any export restriction or embargo by the United States or any other applicable jurisdiction. Client must ensure that the Services are not provided to persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

10. Choice of Law and Dispute Resolution.

11. Indemnification.

Client will defend us against any claim, demand, suit or proceeding made or brought against us by a third party alleging that your use of the Services is in breach of this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates applicable law, and will indemnify us from any damages, attorney fees and costs finally awarded against us as a result of such a claim, or for any amounts paid by us under a settlement approved by You in writing, of such a claim against us, provided we:

12. Miscellaneous.