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Plain-English summary
This document outlines several points of concern for users. Notably, if you terminate the service for convenience, you will not receive any refunds and will remain responsible for all future payment obligations for the entire original term. Additionally, Wasabi cannot guarantee that unauthorized third parties will never be able to defeat their security safeguards, despite implementing reasonable measures. The company also reserves the right to automatically claim all intellectual property rights for any feedback or suggestions you provide related to their service. Furthermore, Wasabi may temporarily limit or suspend the service without liability due to reasons such as public safety or maintenance, and they can modify or discontinue services, platforms, and APIs without notice. Lastly, exceeding your storage limit will result in additional charges at the standard list price, without any applied discounts.
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No Refunds on Termination for Convenience
If you terminate the agreement for convenience, you will not receive any refunds and will still be responsible for all future payment obligations for the entire original term.
Why it matters: You will not get any money back and will owe all remaining payments for the original term if you cancel your account for convenience.
If you terminate for convenience, you will not be entitled to any refunds or excused from any future payment obligations for the full period of your original Term, all of which will immediately become due Net30 from the date of your termination.
Suspension or Termination of Service Without Liability
Wasabi may temporarily limit or suspend the availability of all or part of the Wasabi Service without liability for reasons such as public safety, security, or maintenance.
Why it matters: Your access to the service might be temporarily limited or suspended without Wasabi being liable for it, which could disrupt your use.
Wasabi may temporarily limit or suspend the availability of all or part of the Wasabi Service, without liability, if it is necessary for reasons of public safety, security, maintenance of the Wasabi Service, interoperability of services, data protection, or to perform work that is necessary for operational or technical reasons.
Cannot Guarantee Security Against Unauthorized Third Parties
Wasabi states they cannot guarantee that unauthorized third parties will never be able to defeat their safeguards, despite implementing reasonable security measures.
Why it matters: Even with security measures in place, Wasabi cannot guarantee that unauthorized third parties will never defeat their safeguards, meaning your data could still be at risk.
However, we cannot guarantee that unauthorized third parties will never be able to defeat our safeguards.
Assignment of Feedback Intellectual Property to Wasabi
All intellectual property rights in any feedback, including ideas, modifications, enhancements, improvements, or suggestions related to the Wasabi Service, are assigned to Wasabi and become their sole and exclusive property.
Why it matters: Any suggestions or improvements you provide regarding the service will become the sole property of Wasabi.
Notwithstanding anything to the contrary in this Agreement, all intellectual property rights in the Feedback, if any, and all other ownership in any ideas, modifications, enhancements, improvements, or any other suggestion specifically relating to the Wasabi Service, are hereby assigned to Wasabi and shall be the sole and exclusive property of Wasabi.
Third-party payment providers process credit card payments, and their policies govern the processing of your payment, so you must refer to those policies to determine your rights and liabilities.
Why it matters: Your payment processing is subject to the policies of a third-party, and you need to review their terms for your rights and liabilities.
Where applicable, we utilize third party payment providers to process credit card payments (“Payment Provider”). Such Payment Provider’s policies govern the processing of your payment, and you must refer to those policies to determine your rights and liabilities.
How the company collects, uses, shares, and protects your data.
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Responsibility for Stored Content Configuration and Security
You are responsible for properly configuring and using the Wasabi Service and taking appropriate action to secure, protect, and backup your Customer Account(s) and Stored Content.
Why it matters: You are responsible for properly securing and backing up your stored content and account.
You are responsible for properly configuring and using the Wasabi Service and otherwise taking appropriate action to secure, protect and backup your Customer Account(s) and Stored Content in a manner that will provide appropriate security and protection.
Third-Party Services Have Separate Terms for Data Use
Use of Third-Party Services is solely governed by the separate terms and conditions accompanying such Third-Party Services.
Why it matters: Any third-party services used with Wasabi Service have their own separate terms and conditions that govern their use.
Use of Third-Party Services is solely governed by the separate terms and conditions accompanying such Third-Party Services, which terms and conditions may include separate fees and charges.
How subscriptions renew, how to cancel, and any associated fees or conditions.
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Automatic Renewal of Subscription
Your subscription will automatically renew at the end of your current Term unless either party provides at least 30 days' written notice of non-renewal.
Why it matters: Your subscription will automatically renew if you do not provide 30 days' written notice of non-renewal.
Your subscription will automatically renew at the end of your current Term unless either Party provides at least 30 days’ written notice of non-renewal. Terms of a year or more will auto-renew for a one year term, and terms of less than a year will auto-renew for a monthly term.
Your credit card or alternative payment method will be automatically charged applicable fees as long as you have an active customer account and use the service, unless you cancel your account.
Why it matters: You will be automatically charged fees as long as your account is active and you use the service, unless you cancel.
Your credit card or alternative payment method will be automatically charged applicable Fees during such period as you have an active Customer Account and you use the Wasabi Service unless you cancel your Customer Account.
Less obvious clauses that could be unfavorable, surprising, or require careful attention.
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Wasabi May Modify or Discontinue Services Without Notice
Wasabi may modify or discontinue any or all of the service, platform, or APIs from time to time without notice.
Why it matters: The service or its components may be changed or stopped without prior notice, except for purchased services during their order term under specific conditions.
We may modify or discontinue any or all of the Wasabi Service, platform, or APIs from time to time without notice.
Stipulated Irreparable Harm from Confidential Information Breach
Both parties agree that any unpermitted use of the disclosing party's Confidential Information may cause irreparable and immediate damage for which remedies other than injunctive relief may be inadequate.
Why it matters: If confidential information is misused, legal action like an injunction can be sought without proving actual damages or needing to post a bond.
Notwithstanding any other provision of this Agreement, both Parties acknowledge that any unpermitted use of the disclosing Party’s Confidential Information may cause the disclosing Party irreparable and immediate damage for which remedies other than injunctive relief may be inadequate. Therefore, both Parties agree that, in addition to any other remedy which the disclosing Party may be entitled hereunder, at law or equity, the disclosing Party shall be entitled to seek an injunction or injunctions (without the posting of any bond and without proof of actual damages) to restrain such use.
If your utilized storage exceeds your total storage for any given month, Wasabi may invoice you for such overages at the then-current standard list price, without any discounts or reduced rates.
Why it matters: Exceeding your storage limit will result in additional charges at full price, without any applied discounts.
Overages will be invoiced at the then-current standard list price for the Service set forth on the[Pricing Page](https://wasabi.com/pricing/faq), without any discounts or reduced rates.
Wasabi may increase or add new fees for any service by giving you at least thirty (30) days' prior notice.
Why it helps: You will receive at least a month's notice before any fee increases or new fees are applied, allowing you to prepare or make alternative arrangements.
We may increase or add new Fees for any Wasabi Service by giving you at least thirty (30) days’ prior notice; provided, however, that Fees agreed for a specific contractual term longer than thirty (30) days will not change during that term (excluding Overages).