Terms and Conditions

Last updated: September 16, 2018

Mystrongroom services are provided by My Medical History Limited (us, we, or our), a private limited liability company registered in Ireland, Company Registration No. 554210.

These Terms and Conditions (Terms, Terms and Conditions) cover your use of and access to Mystrongroom services, client software and websites (the Service, the Services, Service, Services) operated by My Medical History Limited.

Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you are agreeing to be bound by these Terms, our Privacy Policy and our Acceptable Use Policy. If you are using our Services for an organisation, you are agreeing to these Terms on behalf of that organisation.

Service Description

Mystrongroom is security service which allows you to encrypt your files for secure storage and/or sharing with other selected parties.  Mystrongroom encryption ensures that only you or those selected by you can view your encrypted files.

Your Certificate

When you register for Mystrongroom a unique certificate is created for you, specifically associated with your account (Your Certificate). Any files encrypted with Your Certificate can only be decrypted by Your Certificate. You are responsible for the security of Your Certificate and your password. Your Certificate can only be accessed by using your password and it cannot be recreated by us if you lose your password.

Your Contacts

Through the Services you can securely share Your Encrypted Files with people and organisations added to your Mystrongroom contact list (Your Contacts). It is your responsibility to accurately identify Your Contacts and to ensure that you only share your information with the intended contacts.

Your Public Certificate

Should you wish to securely receive an encrypted file from another party, you share Your Public Certificate with the person from whom you wish to receive the file (Your Contact). Your Public Certificate is used to encrypt the information in a way that can only be decrypted by you using Your Certificate.

Your Encrypted Files

When you use our Services to encrypt your data (Your Encrypted Files), either for your own storage or for secure transmission to a Contact, Your Encrypted Files are yours and can only be decrypted by you. These Terms do not give us any rights to Your Encrypted Files, nor do we have the ability to decrypt Your Encrypted Files.

Purchases

If you wish to purchase any product or Service made available through the Services (Purchase), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

We use third party payment processors to process payment for the Services you request. You may be required to agree to terms and conditions and the privacy policy of that Payment Processor. You acknowledge that in order to avail of any Services made available by us, you may be required to enter into an agreement with one of our Payment Processors, that we are not a party to those separate agreements and that we are not an affiliate of our Payment Processors.

You acknowledge and agree that we do not control our Payment Processor or its performance of payment processing services, and that we shall have no liability of any kind for any act or omission (including negligence) of our Payment Processor or any claim, demand, suit, damage, judgment, liability, loss, expense or cost incurred by you in relation to the performance or non-performance of payment processing services by our Payment Processor, other than to the extent to which any of the foregoing may arise from our gross negligence or wilful misconduct. 

You represent and warrant that:

1. you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that 
2. the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or Service availability, errors in the description or price of the product or Service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Our prices are inclusive of VAT. 

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Services. The products or services available on our Services may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Services and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

Some parts of the Services are billed on a subscription basis (Subscription(s)) for which you will be billed in advance on a recurring and periodic basis (Billing Cycle). Billing Cycles are set on an annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise us to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

We, at our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted at our sole discretion.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of My Medical History Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the Ireland and other countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation of Liability

In no event shall My Medical History Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from 

1. your access to or use of or inability to access or use the Service; 
2. any conduct or content of any third party on the Service; 
3. any content obtained from the Service; and 
4. unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

These exclusions or limitations will apply regardless of whether or not we or any of our affiliates have been warned of the possibility of such damages.

If you use the Services for any commercial, business or re-sale purpose, we, our affiliates, suppliers or distributors will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. We and any of our affiliates are not responsible for the conduct, whether online or offline, of any users of the Services.

Other than for the types of liability we cannot limit by law (as described in this section), we limit our liability to you to the greater of €20 or 100% of any amount you have paid to us under your current service plan.

Resolving Disputes

If a dispute should arise, we want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting dispute-notice@mystrongroom.eu. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or we may bring a formal proceeding.

Judicial Forum for Disputes.

You and My Medical History Limited agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of Ireland, subject to the mandatory arbitration provisions below. Both you and My Medical History Limited consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

You also agree to the following mandatory arbitration provisions:

1. We both agree to arbitrate.
   You and My Medical History Limited agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this 'Mandatory arbitration provisions' section, including its enforceability, revocability or validity.
2. Opt-out of agreement to arbitrate.
   You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first registering your account. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
3. Arbitration procedures.
   Arbitration Ireland will administer the arbitration. The arbitration will be held in Ireland or in any other location we agree to.
4. NO CLASS ACTIONS.
   You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, the entirety of this 'Mandatory arbitration provisions' section will be deemed void.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

My Medical History, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

Entire Agreement

These Terms constitute the entire agreement between you and My Medical History Limited with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or Terms and Conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

Waiver, Severability & Assignment

Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.