Terms of Service
Terms of Service
Last Revision: 16 June 2011
These Terms of Service describe an agreement between you as the customer (hereinafter: Customer or You) and SecureAge Technology Pte Ltd (hereinafter: SecureAge) regarding the use of Lockcube Service (hereinafter: LockCube Service or simply, the Service). SecureAge provides LockCube Service subject to these Terms of Service, which may be revised from time to time. By registering or using the Service, You agree to be bound and to abide by the most recent version of these Terms of Service.
 
Preface
SecureAge provides LockCube Service which enables any Customer to securely upload, store and access electronic files of all kinds online. The Service also provides an additional feature, which allows the uploaded files to be stored with a 256-bit AES file level encryption.
 
LockCube Service
SecureAge provides LockCube Service to Customer via both free and paid accounts. Customer with free account is able to use the Service with limited features perpetually and is allowed to upgrade to paid account by subscribing to any of the available LockCube Service subscriptions.
 
Free Accounts
SecureAge welcomes its new Customer to evaluate LockCube Service before purchasing any of its paid services. Online registration is required for any new Customer to open a free account. The free account will allow the new Customer to enjoy limited features of LockCube Service, including 5GB (five gigabyte) of storage free of charge perpetually.
 
Paid Accounts
To utilize LockCube Service continually, Customer may choose to purchase any of the available subscriptions on our website. Online registration is required for any new Customer to create a new account for the Service. For Customer with free account, no additional registration is required and Customer has the option to purchase any of the available subscription after logging in to LockCube account.
 
Subscription Renewal for Paid Accounts
During the subscription period, Customer with paid account may choose to renew Customer's current subscription. Renewal of subscription will extend Customer's current subscription with single/multiple subscription period, depending on Customer's preference.
 
Subscription Alteration for Paid Accounts
During the subscription period, Customer with paid account may choose to alter Customer's current subscription by selecting a different subscription plan.

LockCube will calculate the value of the unused remainder of the current subscription plan which value will be used to offset the Customer's new subscription plan. If the new subscription plan costs more than the remaining value of the current subscription plan, the Customer is required to top-up only the difference between them. However, please kindly take note that NO REFUND will be provided to the Customer if the total cost of the new subscription plan is less than the remaining value of your current subscription.

As a standard policy, SecureAge will consider the new subscription plan to start on the day (based on Singapore time zone) when the alteration request is made and the existing subscription to end on the previous day.
 
Recurring Subscription for Paid Accounts
For some of the acceptable payment methods, a recurring subscription feature is available for Customer. If Customer opts for this feature, Customer will automatically receive a bill near the end of Customer's current active subscription. After the automatic deduction from Customer's account at the end of current subscription is approved, Customer's current subscription itself will be renewed and extended for a single subscription period.
 
Termination of Paid Accounts
If no subscription extension is purchased at the end of Customer's subscription period or automatic deduction from recurring bill is not approved, Customer's access to any uploaded/stored data after the paid subscription period will be blocked. Customer can regain access to his/her subscription by simply purchasing any of the available paid subscription.

During the regular process to clean its storage system, SecureAge is entitled to convert the expired paid account to LockCube free account and remove any existing Customer data in expired paid accounts after a period of inactivity.
 
Encryption Feature
A defining feature of LockCube Service is its security feature which allows the uploaded files to be stored with 256-bit AES file level encryption. Since SecureAge does not store any user's encryption key in its server, a more robust and complete security to the encrypted files is ensured. However, it also means that it is the Customer's sole responsibility to safeguard their encryption key and SecureAge is not liable for any loss incurred due to misplaced or lost keys.
 
Ownership
You acknowledge that all materials (except those uploaded by any Customer) provided on this and SecureAge's website, including but not limited to information, documents, products, logos, graphics, GUI, software and service (hereinafter: Collective Materials) are provided by SecureAge or by its respective third-party subjects. The underlying intellectual property rights are owned by SecureAge and/or its third-party subjects. You may not use, copy, imitate, alter or modify any of Collective Materials without SecureAge consent.
 
Customer Data
You are solely responsible for creating additional backup copies of and replacing any and all uploaded/stored materials, at your own cost and expense. You also understand and agree that SecureAge does not store any of its Customer's encryption key and is not liable to recover any data when the key is misplaced or lost.

SecureAge is also entitled to remove any Customer data which belongs to expired paid accounts after a period of inactivity.
 
Confidentiality of Uploaded/Stored Files
Uploaded/stored files (both encrypted and unencrypted) with SecureAge Service are treated confidentially. SecureAge does not contain any search or scan function.
 
Modifications to Service
SecureAge is entitled to change LockCube Service at any time, with or without notice, which may result in addition, elimination or modification of any feature of the Service. SecureAge is also entitled to change the subscription fees at any time without notice. However, changes in subscription fees will only take effect on expiration of any existing subscription. Furthermore, SecureAge is entitled to discontinue providing the Service temporarily or permanently at any time.
 
Availability and Reliability
You understand and agree that LockCube Service is provided on "as is" and "as available" basis. You understand and agree that SecureAge will have no liability for the availability, timeliness or reliability of the Service.
 
Use of Service
In principle, Customer is permitted to use LockCube Service to securely upload, backup and store any file, irrespective of the file format or file content. However, illegal files are excluded from this, whose content may be any of the following:
  • Obscene materials
  • Violating third party copyrights
  • Promoting violence
  • Including Instructions for criminal offenses against public order
  • Containing harmful software viruses or any other computer code
    The list is not exhaustive.

By uploading and storing any file via LockCube Service, You promise that the uploaded material does not fall into any of these prohibited categories. You understand and agree that SecureAge may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions.

 
Termination of Service
SecureAge may terminate any Customer's account or access to the Service for:
  1. Violating these Terms of Service, Intellectual Property Rights, Privacy Policy or any other SecureAge policies, terms or conditions;
  2. Service interference to any Customer or network or use of any device, software or routine to interfere with the proper working of the Service;
  3. Failure to pay for services or to discharge any other debt or obligation to SecureAge;
  4. Any other legally permissible reason.
 
Disclaimer
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. LOCKCUBE SERVICE IS PROVIDED ON AN "AS IN" AND "AS AVAILABLE" BASIS. SECUREAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SECUREAGE MAKES NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICE, SOFTWARE OR ANY CONTENT MADE AVAILABLE DURING THE SERVICE. SECUREAGE MAKES NO WARRANTY OR GUARANTEE THAT
  1. THE SERVICE WILL MEET YOUR REQUIREMENTS;
  2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
  3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
  5. ANY ERRORS IN THE COMPONENTS OR THE CONTENT WILL BE CORRECTED;
  6. THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT SECUREAGE DOES NOT KEEP THE ENCRYPTION KEY YOU USED FOR ENCRYPTING YOUR DATA; ANY LOSS OF DATA DUE TO MISPLACEMENT OR LOST OF THE ENCRYPTION KEY WILL BE YOUR SOLE RESPONSIBILITY. YOU UNDERSTAND AND AGREE THAT SECUREAGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS AND HARM TO REPUTATION ARISING FROM THE INABILITY TO USE THE SERVICE OR ANY DATA UPLOADED. IN ANY EVENT, YOU UNDERSTAND AND AGREE THAT THE MAXIMUM LIABILITY OF SECUREAGE ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO SECUREAGE.
 
Indemnity
You agree to hold harmless and indemnify SecureAge and its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, recoveries, losses, damages, fines, penalties, including but not limited to reasonable legal fees, arising or resulting from your use of the Service.
 
Dispute Resolution and Governing Law
Informal Negotiations:
To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms of Service (hereinafter: Dispute), You and SecureAge agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to another. SecureAge will send its notice to the e-mail address You have provided to us and send You a copy if a valid address is given.
 
Binding Arbitration:
If You and SecureAge are unable to resolve a dispute through informal negotiations, either You or SecureAge may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate one party shall be final and binding on the other. The arbitration shall be commenced and conducted by Singapore International Arbitration Centre (SIAC) under the Singapore's Arbitration Act (AA) or International Arbitration Act (IAA). The arbitrator awards shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to our website and/or the Service be instituted more than twelve (12) months after the cause of action arose.