GYA.io™

TERMS & CONDITIONS

Revised on February 10, 2017

Please read these terms of service (Terms) carefully as they form a contract between you and GYAio LLC, a Florida LLC (“GYAIO”, “we”, “us”, or “our”) that governs your storage and use of stored content and information on the internet website www.GYA.io (the “Site“) and the associated services provided by GYAIO (collectively the “Service(s)”). Please also read our Privacy Policy, the provisions of which are incorporated herein by reference and are integral parts of this document and these Terms.

By registering or using any of the Services you agree to be bound by these Terms. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with GYAIO and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES.

FUTURE CHANGES TO TERMS

GYAIO reserves the right to revise these Terms from time to time. We will date and post the most current version of these Terms on the GYAIO website. Any changes will be effective upon posting the revised version of these Terms (or such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to these Terms to be material, we will notify you by email to the email addresses associated with your account. Notice of other changes may be provided via the public pages of the Site. Therefore, we encourage you and your Appointees to periodically check the date of these Terms. If you don’t agree to any of the changes, we’re not obligated to keep providing the Service, and you must cancel and stop using the Service.

YOUR ACCOUNT

Your data and documents that you transmit to GYAIO, and the associated Services enabling access to your data and documents are considered your “Account”. To obtain access to and use the Services, you will be required to obtain an Account with GYAIO by completing a registration form and designating a user ID and password and possibly other identifying or security related indicators (Account Data). When registering with GYAIO you must: (a) provide true, accurate, current and complete information about yourself as requested by the Service’s registration form, and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete.

Only you may use your GYAIO Account. You must keep your Account name and passwords confidential and not authorize any third party to access or use the Service on your behalf, except as express provided for herein. GYAIO will not be liable for any loss or damage arising from any unauthorized use of your accounts.

AGE LIMITATION

Accounts with GYAIO and access to the Site and Services is limited to persons of age 21 and over as of the time of requesting an Account.

FEES

If you register for a free trial for the Services, we will make GYAIO’s comprehensive planning package available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the Services; or (b) the start date of any subscription to such Services purchased by you for such Services.

ANY ACCOUNT DATA YOU ENTER INTO THE SERVICE DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SERVICE OR EXPORT SUCH ACCOUNT DATA, BEFORE THE END OF THE TRIAL PERIOD.

If you purchase a subscription to the service, you will be charged an annual or monthly subscription fee based on the pricing plan you select (the Subscription Term) for GYAIO’s Service. The fee amounts (Fees) are available on the Site. The Fees stated for the Service excludes all taxes and charges, unless stated otherwise. You’re responsible for any taxes and for all other charges incidental to using the Services. You will pay the Fees in U.S. dollars.

You can cancel your Account and subscription to the Service at any time by providing notice, in accordance with this Agreement. Unless your Account and subscription to the Service is so terminated, your subscription to the Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided, the Fees applicable to your subscription to the Service for any such subsequent Subscription Term shall be our standard Fees for the service plan to which you have subscribed as of the time such subsequent Subscription Term commences.

No refunds or credits for Fees or other payments will be provided to you if you elect to terminate your subscription to the Service or cancel your Account.

PAYMENT

You must be authorized to use the credit card that you enter when you create a billing account. You authorize us to charge you for the Service using your credit card and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We will charge your credit card immediately upon purchase or at the time payment is due.

SECURE INFORMATION

The GYAIO Site enables you to transmit data and electronic documents to GYAIO for confidential storage and release only to you or your identified Appointees (Secure Information). Please see our Privacy Policy for more information about Secure Information. You and only you may transmit information to be held by GYAIO as Secure Information. Secure Information is stored by GYAIO while the contents of Secure Information is not revealed to GYAIO. Secure Information is delivered to your Appointees during your lifetime if you authorize the GYAIO Site to share such Secure Information and after GYAIO has been alerted of the fact of your death and that fact has been verified by GYAIO.

NO CONFIDENTIAL INFORMATION

The GYAIO Site and the Services are not intended for storing or transmitting confidential information. You agree that you will NOT use the Site or Services to store your banking or other financial account numbers or usernames or passwords, or your social security number, or any other highly confidential information.

ACCOUNT LIMITATIONS

GYAIO limits the amount of electronic storage available to you. This limit will be identified on the Site at the time you establish your Account. GYAIO may thereafter change the limit, but in no case will GYAIO reduce the storage available to you after you have opened your Account.

APPOINTEES

Either when you establish your Account, or subsequently, you will be given the option of naming one or more persons you intend to receive your Secure Information under the terms of this Service (Appointees). You have the responsibility of informing your Appointees of their selection and providing them with contact information for GYAIO. DO NOT SHARE YOUR ACCOUNT ACCESS INFORMATION WITH YOUR APPOINTEES.

RELEASE OF SECURE INFORMATION TO APPOINTEES

GYAIO will enable Appointees to access your Account upon receipt by GYAIO of verified notice of your death and only according to the terms defined herein. Sufficiency of verification of your death will be judged by GYAIO alone. Persons not identified as an Appointee pursuant to the terms here will not be allowed access to your Account. Until your death is confirmed, GYAIO will not provide access to your Secure Information or your Account to any Appointee.

FREEZING OF ACCOUNT AT DEATH

Upon verifying your death, GYAIO will freeze your Account and thereby disable all changes to Secure Information. Your Appointees will be enabled access to your Account during this period.

ARCHIVING AND PURGING OF ACCOUNT

Six months after confirmation of your death, the Account Data, Personal Information and all Secure Information will be archived and removed from access from the Site. Archived Account Data, Personal Information and Secure Information will be retained for 24 months. After the end of this archive period, all Account Data, Personal Information and Secure Information will be destroyed.

NO LIABILITY FOR AUTHORIZED RELEASE

You release GYAIO from all liability for any release of Secure Information pursuant to our (a) receipt from you or your Appointees of any instructions or permissions authorizing such release to Appointees or any other person, or (b) compliance with any Laws.

NOTICES

We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specify when you sign up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Service. You may provide legal notice to GYAIO via email to support@gya.io, with a duplicate copy sent via registered mail, return receipt requested, to the following address:

GYAio LLC
2153 SE Hawthorne Road, Suite 208
Gainesville, FL 32641

Any such notice, in either case, must specifically reference that it is a notice given under these Terms.

CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

By registering with GYAIO and accepting Services, you understand that we may send you and your Appointees communications or data regarding the Services, including but not limited to: (a) notices about your use of the Services, and (b) updates via electronic mail.

CONTENT

In the course of using the Services, you may transmit or store information, materials, data or documents (Content) for storage on your behalf by GYAIO. Content includes all Secure Information you store on the Site.

Except for any material that we license to you, we don’t claim ownership of any Content that is transmitted, stored, or processed in your Account. We also don’t and will not warranty, verify, or endorse the value or effectiveness of the Content that you and others make available on the Service.

Although not recommended, if you share the Content, or access to the Content, with others, anyone you’ve shared Content with will have access to your Content according the provisions of these Terms.

You represent and warrant that: (a) you have all the rights in the Content necessary for you to use the Services and to grant the rights in this Section; and (b) the storage, use or transmission of the Content doesn’t violate any law or these Terms.

You will be solely responsible for the nature, quality and accuracy of the Content and you will ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations. GYAIO will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.

We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services if necessary to protect you, our customers or others, or stop you from breaching these Terms.

You must immediately notify GYAIO in writing of any unauthorized use of: (a) any Content (b) any Account; or (c) the Services that comes to your attention. In the event of any such unauthorized use by any third party that obtained unauthorized access through you, you will take all steps necessary to terminate such unauthorized use. You will provide GYAIO with such cooperation and assistance related to any such unauthorized use as GYAIO may reasonably request.

PRIVACY

In order to operate and provide the Service, we collect certain information about you. As part of the Service, we may also automatically upload information about your computer or device, your use of the Services, and Services performance. We use and protect that information as described in our Privacy Policy. You further acknowledge and agree that we may access or disclose information about you in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of GYAIO or our customers, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of GYAIO employees, customers, or the public.

YOUR RESPONSIBILITIES AND OBLIGATIONS

In addition to the obligations expressed elsewhere in the Terms, you agree that you will do each of the following:

  1. ensure that the Services provided by GYAIO and used by you are appropriate for your intended purpose and that your use of the Services under these Terms comply with all applicable laws, rules and regulations;
  2. keep all email addresses, phone numbers, mailing addresses associated with your Account and provided to GYAIO up to date and effective for GYAIO’s communication with you and any Appointees;
  3. use and maintain a secure password;
  4. be responsible and accept liability for all access and use of the Site and Services that are enabled by you or your actions or your failure to act when prudent;
  5. Ensure that you have effective electronic communications with GYAIO and the Site.

YOU AGREE THAT YOU WILL NOT:

  1. Use the Services to harm others or the Service;
  2. Damage, disable, overburden, or impair the Services (or any network connected to the Service);
  3. Use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; or use any automated process or Services (such as a bot, a spider, or periodic caching of information stored by GYAIO) to access or use the Service;
  4. Use the Services in any manner or for any purpose other than as expressly permitted by these Terms;
  5. Access or attempt to access GYAIO’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
  6. Directly, or through another, upload, download, submit or otherwise distribute or facilitate the storage or distribution of any information, documents, materials or content, including without limitation Secure Information, on or through the Service, that: a. includes anyone else’s identification documents or sensitive financial information; or b. infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other right of any other person or entity or violates any law or contractual duty;
  7. Attempt in any way to circumvent, disable, or avoid the security features of the Site and Services;
  8. Use, or allow others to use, the Site or Services to store information or documents of others;
  9. Transmit to GYAIO, or use your Account to store highly confidential information or documents or banking or other financial account numbers or usernames or passwords, or your social security number.

THIRD PARTY SERVICES AND CONTENT

All transactions using GYAIO’s services are between the transacting parties only. The Services may contain features and functionalities linking you, or providing you with certain functionality and access to, third party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge that we are not responsible for such content or services. We may also provide some third-party content to you as part of the Services. However, GYAIO is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. GYAIO shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

NO PROFESSIONAL ADVICE GIVEN

GYAIO is not a law firm, or financial advisor, and the employees and agents of GYAIO are not acting as your attorney or financial advisor. GYAIO does not suggest or recommend the Services as legal services or financial or estate planning services or for any other particular use and cannot know if the Services are appropriate for your intended use. You should engage a professional advisor if you have any questions about the use of the Services.

BEST EFFORTS

GYAIO will take all reasonable effort to ensure that the Services are available to you at all times while you maintain an Account. However, availability of all electronic services including the Services and the Site is dependent on performance of third parties such as electric power services and electronic communications providers, and GYAIO cannot ensure the performance of these parties or availability of their services to us or to you. Further, your Account with GYAIO and the Services and Site may be affected by, or unavailable due to, acts of war, terrorism, extreme weather, and other factors beyond the control of GYAIO and GYAIO will not be liable for the consequences of inability to access or use the Services or Site due to such factors. You should consider these risks when making plans to use GYAIO and its Services and Site.

NO WARRANTY

GYAIO provides the Services as a convenience to you and your Appointees. GYAIO makes no claims as to the applicability or appropriateness of the Services to you. You assume the responsibility and obligation of determining if the Services fit your needs. GYAIO PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GYAIO MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GYAIO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF GYAIO HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF GYAIO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO THREE MONTHS OF YOUR SERVICES FEE FOR THE SERVICES OR FIFTY DOLLARS ($50.00). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

INDEMNIFICATION

You shall defend, indemnify and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

SUSPENSION AND TERMINATION OF USE OF THE SERVICE

We reserve the right, to temporarily suspend or terminate your and your Appointees access to the Services at any time in our sole discretion, with or without cause, with or without notice, and without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Services for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause GYAIO to have legal liability or disrupt others’ use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; (f) failure to pay Fees; or (g) unplanned technical problems and outages. If, in GYAIO’s determination, the suspension might be indefinite and/or GYAIO has elected to terminate your access to the Service, GYAIO will use commercially reasonable efforts to notify you and your Appointees through the Services and/or by emails to the email addresses associated with your account. You acknowledge that if your access to the Services is suspended or terminated, you may no longer have access to the Content that is stored with the Service.

CANCELLATION OF SERVICES AND DELETING YOUR SECURE INFORMATION

You may cancel your Account and subscription to the Services and delete all Secure Information at any time by following the directions provided on the Site. Your Secure Information will be deleted 48 hours subsequent to you instructing the Service to do so. All provisions of these Terms which by their nature should reasonably survive termination shall survive, including without limitation, any licenses to Aggregate Information, ownership provisions, warranty disclaimers, indemnity and limitation of liability.

INTELLECTUAL PROPERTY

All images, information and other contents of the Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are proprietary property of GYAIO and its suppliers, affiliates, or licensors. © 2017 GYAIO. All Rights Reserved.

GYA.io and the GYAIO logo are either trademarks, service marks or registered trademarks of GYAIO, and may not be copied, imitated, or used, in whole or in part, without GYAIO’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

GYAIO may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Service. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Services does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

SEVERABILITY; ENTIRE AGREEMENT

These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.

WAIVER

The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.

ASSIGNMENT AND TRANSFER

We may assign, transfer, or otherwise dispose of, our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.

ARBITRATION

GYAIO and you both agree that any claim, dispute or controversy between us or claim by either of us against the other or the employees, agents or assigns of the other and any claim arising from or relating to this agreement or the relationships which result from this agreement, no matter against whom made, including the applicability of this arbitration clause and the validity of the entire agreement, shall be resolved by neutral binding arbitration by the National Arbitration Forum, under the Code of Procedure then in effect.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and interpreted under the Federal Arbitration Act (FAA). Any award of the arbitrator(s) may be entered as a judgment in any court having jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective.

The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes decided through arbitration.