Terms of Service
Posted: November 20, 2022
Effective: November 21, 2022
Our Services and websites are subject to all terms and conditions contained Herein and all applicable laws and regulations. Please read this agreement Carefully. Your acceptance of, order of, use of, and/or access to, the services and websites constitutes your agreement to abide by each of the terms and conditions set forth herein. If you do not agree with any of these terms or conditions, do not use, access or order any service or access or use the websites. If you have already begun accessing or using the services and/or websites and do not agree to be bound by this agreement, immediately cease using the service or website and/or discard any information or products you received via any service or website (to the extent applicable), and email us at email@example.com to cancel your account with us.
Your Information & Your Permissions
When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Information”). Your Information is yours. These Terms don’t give us any rights to Your Information except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Information, backing it up, and sharing it when you ask us to. Our Services also provide you with features such as, sharing, searching, image thumbnails, document previews, easy sorting and organization, and personalization to help you stay organized. To provide these and other features, Kabinet accesses, stores, and scans Your Information. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Your use of our Services must comply with our policies. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
Kabinet may review your conduct and content for compliance with these Terms. We aren’t responsible for the content people post and share via the Services.
Help us keep Your Information protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 (or older, depending on where you live).
Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as Kabinet”s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.
Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Kabinet trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
41 University Drive Suite 400
Newtown, Pennsylvania 18940
Digital Millennium Copyright Act (DMCA)
Kabinet is committed to respecting and protecting the legal rights of copyright owners. As such, Kabinet adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Kabinet’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Kabinet’s Copyright Agent to receive DMCA Takedown Notices is: email: Support@kabinet.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Platform. You acknowledge that in order for Kabinet to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
Cancellation. You may cancel your Kabinet Account at any time. This will commence at the end of period paid for (If using a paid Kabinet offering).
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
(a) you’re in breach of these Terms,
(b) your use of the Services would cause a real risk of harm or loss to us or other users, or
(c) if you haven’t accessed our Services for 12 consecutive months.
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Information from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where:
(a) you’re in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
(c) we’re prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond Kabinet’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Information from our systems. If we discontinue the 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.
Kabinet is for properties and document storage solely related to your specific properties for which you have created your Kabinet account. All uploaded documents must only be for the development of your Private Property Profile for your properties stored with us. There shall be no extraneous uploads to your account. If We believe that your account is being used for such purposes, your storage and account shall be immediately frozen without refund. Notice of this action shall be provided to you within 72 hours of your account being frozen. You will have 7 days from notice to bring your account under a 10gb storage threshold and any files over said threshold shall be deleted at random 7 days after sending of notice. If you wish to dispute our conclusion you must contact us within 72 hours of receipt of notice. If disputed, you allow us to jointly review your Kabinet uploads and waive your privacy rights to said files which will be kept in our strictest confidence while the issue is being resolved.
If you choose to cancel your account, not renew or do not pay for renewal, your entire Kabinet will be deleted 30 days after such event without any additional notification. During this 30-day waiting period you shall have access to your Kabinet to view and/or download files.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. To the fullest extent permitted by law, Kabinet and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services. The services are provided “as is.” We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
We don’t exclude or limit our liability to you where it would be illegal to do so—this includes any liability for Kabinet’s or its affiliates’ fraud or fraudulent misrepresentation in providing the services.
In countries where exclusions or limitations of liability are allowed, Kabinet, its affiliates, suppliers or distributors won’t be liable for:
I. Any indirect, special, incidental, punitive, exemplary, or consequential damages, or
Ii. Any loss of use, data, business, or profits, regardless of legal theory.
These exclusions or limitations will apply regardless of whether or not Kabinet or any of its affiliates has been warned of the possibility of such damages.
If you use the services for any commercial, business, or re-sale purpose, Kabinet, its 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. Kabinet and its affiliates aren’t responsible for the conduct, whether online or offline, of any user 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 USD or 100% of any amount you’ve paid under your current service plan with Kabinet.
Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Kabinet, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. 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 Kabinet may bring a formal proceeding.
Judicial Forum for Disputes. You and Kabinet agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Bucks County, Pennsylvania subject to the mandatory arbitration provisions below. Both you and Kabinet consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and Kabinet agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing us 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.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Kabinet will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Kabinet will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Kabinet may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.
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, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
These Terms will be governed by Delaware law. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
These Terms constitute the entire agreement between you and Kabinet 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
Kabinet’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found 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. Kabinet may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
Posted: November 20, 2022
Effective: November 21, 2022
Thanks for using Kabinet! Here we describe how we collect, use, and handle your personal data when you use our websites, software, and services (“Services”). For more information and details, please see our About page.
What & Why
We collect and use the following information to provide, improve, protect, and promote our Services.
Account information. We collect, and associate with your account, the information you provide to us when you do things such as sign up for your account or upgrade to a paid plan.
Your Information. Our Services are designed as a simple and personalized way for you to store your files, documents, photos, notes, and so on (“Your Information”). To make that possible, we store, process, and transmit Your Information as well as information related to it. This related information includes your profile information as well as things like the size of the file, the time it was uploaded and folder activity.
Usage information. We collect information related to how you use the Services, including actions you take in your account (such as viewing, creating and moving files or folders). We use this information to provide, improve, and promote our Services, and protect Kabinet users. Please refer to our About page for more information about how we use this usage information.
Device information. We also collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services. For example, we use device information to detect abuse and identify and troubleshoot bugs.
Cookies and other technologies. We use technologies like cookies and pixel tags to provide, improve, protect, and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services. If our systems receive a DNT:1 signal from your browser, we’ll respond to that signal appropriately. These cookies may include means for tracking your Transaction Information with a Merchant and may include tracking technology from third-party affiliate-network operators such as Sovrn and Amazon Associates. We may also use third-party service providers that set cookies and similar technologies to promote Kabinet services.
Marketing. Users access our Services free of charge. If you register for our Services, we will, from time to time, send you information about upgrades when permissible. Users who receive these marketing materials can opt out at any time. If you don’t want to receive a particular type of marketing material from us, click the ‘unsubscribe’ link in the corresponding emails, or update your preferences in the Settings section of your personal account.
Bases for processing your data. We collect and use the personal data described above in order to provide you with the Services in a reliable and secure manner. We also collect and use personal data for our legitimate business needs. To the extent we process your personal data for other purposes, we ask for your consent in advance or require that our partners obtain such consent. For more information on the lawful bases for processing your data, please see our About page.
We may share information as discussed below, but we won’t sell it to advertisers or other third parties.
Others working for and with Kabinet. Kabinet uses certain trusted third parties (for example, providers of customer support and IT services) for the business purposes of helping us provide, improve, protect, and promote our Services. These third parties will access your information to perform tasks on our behalf, and we’ll remain responsible for their handling of your information per our instructions.
Other Kabinet Companies. Kabinet shares infrastructure, systems, and technology with other Kabinet Companies to provide, improve, protect, and promote Kabinet Company Services. We process your information across the Kabinet Companies for these purposes, as permitted by applicable law and in accordance with their terms and policies.
Certain features let you make additional information available to others.
Other applications. You can choose to connect your Kabinet account with third-party services. By doing so, you’re enabling Kabinet and those third parties to exchange information about you and data in your account so that Kabinet and those third parties can provide, improve, protect, and promote their services.
Account Dispute. You agree to waive your privacy rights concerning your account uploads if you dispute your account being frozen and/or limited in storage due to misuse as stated in the Terms of Service.
Please remember that third parties’ use of your information will be governed by their own privacy policies and terms of service.
Law & Order and the Public Interest. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to: (a) comply with any applicable law, regulation, legal process, or appropriate government request; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Kabinet or our users; (d) protect Kabinet’s rights, property, safety, or interest; or (e) perform a task carried out in the public interest.
Stewardship of your data is critical to us and a responsibility that we embrace. We believe that your data should receive the same legal protections regardless of whether it’s stored on our Services or on your home computer’s hard drive. We’ll abide by the following appropriate guidelines when receiving, scrutinizing, and responding to government requests (including national security requests) for your data:
- Be transparent
- Fight blanket requests
- Protect all users, and
- Provide trusted services.
Security. We are dedicated to keeping your information secure, including testing for vulnerabilities. We continue to work on features to keep your information safe, such as encryption of files at rest, and alerts when new devices and apps are linked to your account. We deploy automated technologies to detect abusive behavior and content that may harm our Services, you, or other users.
User Controls. You can access, amend, download, and delete your personal information by logging into your Kabinet account and going to your Settings page.
Retention. When you sign up for an account with us, we’ll retain information you store on our Services for as long as your account exists or as long as we need it to provide you the Services. If you delete your account, we’ll initiate deletion of this information after 30 days. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
Around the world. To provide you with the Services, we may store, process, and transmit data in the United States and locations around the world—including those outside your country. Data may also be stored locally on the devices you use to access the Services.
Kabinet is subject to oversight by the U.S. Federal Trade Commission. We ask that you first submit any such complaints directly to us via email@example.com. If you aren’t satisfied with our response, please contact the U.S. Federal Trade Commission. In the event your concern still isn’t addressed you may be entitled to a binding arbitration under the USFTC and its principles.
Your Control and Access of Your Data
You have control over your personal data and how it’s collected, used, and shared. For example, you can:
- Delete Your Information in your Kabinet account. You can learn more about how to delete files saved in Settings.
- Change or correct personal data. You can manage your account and the content contained in it, as well as edit some of your personal data, through your Settings.
- Access and take your data elsewhere. You can access your personal data from your Kabinet account. You can also ask us for a copy of personal data you provided to us or that we’ve collected, the business or commercial purpose for collecting it, the types of sources we got it from, and types of third parties we’ve shared it with.
- Object to the processing of your personal data. Depending on the processing activity, you can request that we stop or limit processing of your personal data.
If you would like to submit a data access request, request that your personal data be deleted, or object to the processing of your personal data, please email us at firstname.lastname@example.org. For more information on how to control and access your personal data, please see our About page.
Kabinet as controller or processor. If you reside in North America (the United States, Canada, and Mexico), Kabinet, Inc. acts as your service provider. If you are a Kabinet Business customer outside of North America, Kabinet acts as a processor of your data.
If we’re involved in a reorganization, merger, acquisition, or sale of our assets, your data may be transferred as part of that deal. We’ll notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event.
Have questions or concerns about Kabinet, our Services, and privacy? Contact us at email@example.com. If we can’t answer your question, you have the right to contact your local data protection supervisory authority.