BVLGARI VAULT App for IOS and Android Smartphones and Tablets provides a convenient, easy to use and highly secure encrypted storage for all your valuable digital assets (passwords, PINs, credit & loyalty cards, documents, photos and more) - safely ENCRYPTED on your device. BVLGARI VAULT's easy to use interface allows you to store your web sites, usernames and passwords quickly and securely on your device, and quickly log on to web sites. Bvlgari Vault features authorization using the best practices on multi-factor or authentication by a combination of fingerprint, face recognition, dot pattern and password options.
A: CLIENT'S ACKNOWLEDGEMENT AND USE OF BVLGARI TRADEMARK AND DESIGN
1. The user of the BVLGARI VAULT ("Client" or "you") acknowledges that: (i) the BVLGARI VAULT has been developed and is operated and offered to customers by WiseKey SA ("WISeKey") and not by Bulgari S.p.A. ("Bulgari"); (ii) information on BVLGARI VAULT in any marketing or sales materials is provided by WISeKey which shall be solely responsible for its accuracy; (iii) Client has no right to use or interest in the BVLGARI trademarks; (iv) there is no involvement of Bulgari in the development and sale of the BVLGARI VAULT other than merely the licensing of the BVLGARI trademark by Bulgari; (v) there is no involvement of Bulgari in the issuance, maintenance and functioning of the digital certificate(s) released in connection with the BVLGARI VAULT nor in the storage and safekeeping of Client’s data encrypted and stored through the BVLGARI VAULT; and (vi) there is no joint venture, partnership or other formal business entity or fiduciary relationship between Bulgari and WISeKey nor agency relationship and neither Bulgari or WISeKey have the authority to bind or obligate the other in any manner.
2. RELEASE: TO THE MAXIMUM EXTENT ALLOWED BY LAW, CLIENT UNCONDITIONALLY WAIVES AND RELEASES, BULGARI, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS FROM AND AGAINST ANY LIABILITY WITH RESPECT TO ANY REPRESENTATIONS OR DEFECTS, FAILURE TO PERFORM, ABSENCE OF STATED QUALITIES, MALFUNCTIONING OF THE BVLGARI VAULT, LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOST BUSINESS AND LOSS OF GOODWILL), COSTS FOR SUBSTITUTE SERVICES, ILLEGAL ACCESSING, COPYING OR USING OF CLIENT'S DATA AND/OR ANY CLAIM WHATSOEVER, RELATING TO THE SALE BY WISEKEY AND THE PURCHASE BY CLIENT OF THE BVLGARI VAULT. YOU HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, PERMANENTLY AND IRREVOCABLY WAIVE THE BENEFITS OF ANY APPLICABLE LAW OR STATUTE WHICH MAY AFFECT YOUR ABILITY TO WAIVE AND/OR RELEASE YOUR RIGHTS AS SET FORTH HEREIN, WHETHER KNOWN OR UNKNOWN BY YOU AT THE TIME OF WAIVER. IF CLIENT IS A CALIFORNIA RESIDENT, CLIENT HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, PERMANENTLY AND IRREVOCABLY WAIVES THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (OR SIMILAR STATUTE OF SUCH OTHER JURISDICTION OF RESIDENCY) WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
3. Client further acknowledges that the licensing of the BVLGARI trademark by Bulgari and the right of WISeKey to use the esthetic layout and graphical contents of the BVLGARI VAULT, may be revoked and the relevant license agreements may be terminated at any time in accordance with the terms provided in the license agreement executed between Bulgari and WISeKey. In such event, all use of the BVLGARI trademarks and esthetic layout of the BVLGARI VAULT shall cease and WISeKey has contractually agreed with BVLGARI to: (i) publish an update of the BVLGARI VAULT so as to enable users who have downloaded the BVLGARI VAULT to revert to the WiseID Application using the WiseID name and layout, having the same content and functionality of the BVLGARI VAULT which WISeKey shall maintain available providing the relevant service without disruption up to expiration of the then current terms agreed upon with Client, (ii) send to all Clients a written communication to inform them that they are required to download the relevant update of the BVLGARI VAULT with a new layout. In this regard, Client acknowledges and agrees that: (i) it shall have no recourse against Bulgari in the event that the BVLGARI VAULT should revert to the WiseID name and layout or other lay out different from the BVLGARI VAULT layout and (ii) all use of the BVLGARI trademarks must cease in accordance with the foregoing.
B: BVLGARI VAULT TERMS OF SERVICE
2. BVLGARI VAULT App
To use the BVLGARI VAULT and the Services, you must download the BVLGARI VAULT App, register through the same App, set up an account with us and pay the relevant fee as may be applicable. A complete description of the registration process and the BVLGARI VAULT instructions and features are available at http://www.bulgarivault.com .
BVLGARI VAULT IS BEING PROVIDED TO CLIENT ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY WISEKEY, BULGARI AND THE PROTECTED ENTITIES (AS DEFINED BELOW) TO THE FULLEST EXTENT PERMITTED BY LAW.
CLIENT'S USE OF THE BVLGARI VAULT, INCLUDING ANY SERVICES, MATERIALS, DATA, PASSWORDS OR OTHER INFORMATION SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED BY OR THROUGH THE BVLGARI VAULT (COLLECTIVELY, THE "MATERIALS"), IS AT CLIENT'S SOLE RISK. BVLGARI VAULT IS NEITHER DESIGNED NOR INTENDED TO BE USED AS A DISASTER RECOVERY FACILITY. CLIENT SHOULD NOT RELY ON THE BVLGARI VAULT FOR STORAGE OF THE MATERIALS CLIENT PROVIDES. CLIENT SHOULD KEEP ITS OWN BACKUP COPIES OF ALL MATERIALS THAT IT MAY USE, OR ALLOW OTHERS TO USE, IN CONNECTION WITH BVLGARI VAULT.
3. WISeKey's Undertaking
4. Intellectual Property Rights
4.1 Client acknowledges that WISeKey, and/or its vendors and licensors (such as Bulgari), retain all intellectual property rights and title (including any patent, copyright, trademark and other rights) in and to all of their respective trademarks, tradenames, confidential information, trade secrets or other proprietary information, products, and the ideas, concepts, techniques, inventions, processes, software or works of authorship developed, comprising, embodied in, or practiced in connection with the BVLGARI VAULT or Services provided by WISeKey hereunder (all of the foregoing "Works"), including without limitation all modifications, enhancements, configurations, upgrades, and interfaces to the WISeKey designated hardware and software supporting such Services. WISeKey and its vendors and licensors, as applicable, reserve and retain all intellectual property rights and title associated with Works created by WISeKey and its vendors and licensors and derivatives of such Works, including without limitation all Works or derivatives developed or created by WISeKey, and/or its vendors and licensors, as applicable, or their personnel or contractors during the course of performing the Services for, or providing the BVLGARI VAULT and the Services to, Client. Any software provided by WISeKey, including its operation, code, architecture and implementation, as well as the look and feel of the BVLGARI VAULT, are the valuable intellectual property of WISeKey, and/or its vendors and licensors, as applicable. Any such software and look and feel of the BVLGARI VAULT is protected by Swiss Copyright laws and/or the laws of other countries and international treaty provisions.
5. Client Obligations
5.1 Payment: by subscribing to the Cloud Service, WISeKey will automatically charge on a recurring basis the payment method associated with your Account. You are responsible for the timely payment of all fees and for providing a valid credit card or payment account details for payment of all fees as applicable. If WISeKey is unable to successfully charge your credit card or payment account for fees due, WISeKey reserves the right (at its sole discretion), upon a prior payment warning, to revoke or restrict access to your content stored through the Cloud Service and after one further warning, to delete your stored content or terminate your cloud data storage service. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the Account section. The total price for the Cloud Service will include the price of the Service plus any applicable credit card fees and any sales, use, goods and services (GST), value added (VAT), or other similar tax, under applicable law and based on the tax rate in effect at the time you purchase the upgrade. We will charge tax when required to do so under the tax rules applicable to the Service .
5.2 Regulatory Compliance: Client shall, wherever applicable, comply with all relevant regulations and obtain at its own expense any pertinent licenses or permits required for the use of the BVLGARI VAULT and Services, including, but not limited to those concerning digital certification services, the use of secure communications systems, secure messaging systems, the heightened legal recognition of digital signatures and digital certificates, as well as those required for the importation, exportation, re-importation, re-exportation, and use of any restricted products required (e.g. cryptographic or dual use products). WISeKey shall under no circumstances be liable for the illegal or unauthorised use of the BVLGARI VAULT and Services or for any rejections or delays in the attainment of permits, licenses or regulatory compliance in any manner required for the provision of the BVLGARI VAULT and Services. The Client agrees to use the BVLGARI VAULT and the Services in compliance with all applicable laws, including local laws of the country or region in which the Client resides or in which it downloads or uses the BVLGARI VAULT and Services. A Wi-Fi or cellular data connection is required for some features of the BVLGARI VAULT and Services. WISeKey shall under no circumstances be liable for consequences of the poor quality or lack of such connection.
CLIENT EXPRESSLY ACKNOWLEDGES THAT THE EMAIL ADDRESS PROVIDED AT THE MOMENT OF ITS REGISTRATION WILL BE USED BY WISEKEY FOR ALL NOTIFICATIONS RELATED TO THE BVLGARI VAULT AND SERVICES (INCLUDING BUT NOT LIMITED TO SECURITY ISSUES ARISING FROM ILLEGAL ATTEMPTS TO ACCESS THE MATERIALS) AND IT IS CLIENT'S RESPONSIBILITY TO KEEP IT UPDATED AT ALL TIMES AND CHECK IT REGULARLY. WISEKEY IS NOT IN ANY WAY RESPONSIBLE FOR CONSEQUENCES OF OUTDATED CLIENT'S RECORDS SUCH AS DELAYED OR MISSING EMAIL.
5.5 Devices and Accounts: Use of the BVLGARI VAULT and of the Services requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. The Client will be responsible for any damage to such devices. As a registered user of the BVLGARI VAULT and the Services, Client will establish an account ("Account"). Client shall not reveal its Account information to anyone else. Client is solely responsible for maintaining the confidentiality and security of his/her Account and for all activities that occur on or through the Account, and Client agrees to immediately notify WISeKey of any security breach of the Account. Neither WISeKey or Bulgari, nor their respective Protected Entities (as defined in Section 6 below) shall be responsible for any losses arising out of the unauthorized use of Client's Account. You may add any number of devices to your Account as described in http://www.bulgarivault.com.