Privacy Policy

Posted: April 25, 2021
Effective: April 26, 2021

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 FAQ 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 FAQ 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. We may also use third-party service providers that set cookies and similar technologies to promote Kabinet services.

Marketing. We give users the option to use some of our Services free of charge. These free Services are made possible by the fact that some users upgrade to one of our paid Services. 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 FAQ.

With Whom

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. Please remember that third parties’ use of your information will be governed by their own privacy policies and terms of service.

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.

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:

How

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.

Where

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 Support@kabinet.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:

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 Support@kabinet.com. For more information on how to control and access your personal data, please see our FAQ.

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.

Changes

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.

We may revise this Privacy Policy from time to time, and will post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you.

Contact

Have questions or concerns about Kabinet, our Services, and privacy? Contact us at Support@kabinet.com. If we can’t answer your question, you have the right to contact your local data protection supervisory authority.


Terms of Service

Posted: April 25 2021
Effective: April 26, 2021

Thanks for using Kabinet! Our mission is to make your life better with intuitive, easy to use and secure technology. We are a company building solutions for real people, in the real world. Our technology is designed to HELP you, not simply impress with unnecessary complexities. These terms of service (“Terms”) cover your use and access to our services, client software and websites (“Services“). Our Privacy Policy explains how we collect and use your information. By using our Services, you’re agreeing to be bound by these Terms.

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 Support@kabinet.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 Responsibilities

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).

Software

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.

Beta Services

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.

Our Information

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.

Copyright

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:

Copyright Agent
Kabinet Inc
19340 SW 186th St.
Miami, Florida 33187
Support@kabinet.com

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:

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.

Paid Accounts

Billing. You can upgrade your no obligation free trial to a paid account with increased storage capacity (turning your account into a “Paid Account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Monthly or annual billing. You can upgrade your monthly paid account to annual billing at any time. This will commence at the end of the month previously paid for. You can change from annual to monthly billing. This will commence at the end of year previously paid for.

Cancellation of billing. You may cancel your Kabinet Account (either free or paid, including multi property and professional accounts) at any time. This will commence at the end of period paid for (whether monthly or annual billing is in effect).

No refunds. Refunds are only issued if required by law.

Downgrades. Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.

Termination

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) you don’t have a Paid Account and 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.

Marketing Disclaimer

The text and images on our website and app are for marketing purposes only. These include statements such as “increase the value of your home with Kabinet.” We believe that through using Kabinet you will be able to prove to prospective buyers or lenders that your home is of a certain value due to the quality of work you have done to your property over time. Irrespective of this belief, we make no guarantees, either express or implied, that this will be the case.

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.

Resolving Disputes

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 Support@kabinet.com. 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 Miami Dade County, Florida 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:

Controlling Law

These Terms will be governed by Florida 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.

Entire Agreement

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.


Modifications

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.

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