TERMS AND CONDITIONS

Last updated: January 15, 2024

These terms and conditions (these “Terms”) govern your use and access of the Services and are made between you and Stronghold Systems Limited (“Stronghold” or “us”), a company registered in England and Wales with its registered office at New Burlington House, 1075 Finchley Road, London, NW11 0PU, United Kingdom.

You can contact us by email at contact@getstronghold.com.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

Supplemental terms and conditions that may be posted on the Services from time to time are hereby expressly incorporated into these Terms by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

1. The Services

We operate a system to organize and protect important information for families and aging parents, which includes the website https://www.getstronghold.com (the 'Site'), software to organize, store, and share documents, files and other user content, services to assist individuals and families, related services and related websites (collectively, the 'Services').

When you use the Services, the documents, files, and other content (your “Materials”) that you provide to us are yours. We do not have any rights to your Materials, except for the limited rights provided in these Terms that enable us to provide the Services to you. You provide us with permission to store and process your Materials for the purpose of providing the Services to you and to share your Materials when you request that we do so. This permission extends to our affiliates and trusted third party service providers that we work with to provide the Services.  

From time to time we may add or remove features provided in our free or beta test user accounts in an effort to optimize the Services and the user experience. Features associated with a free or beta test user account may be removed without further notice to the user. 

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Accounts

Stronghold offers a free account (“Free Account”), and an option to purchase an upgraded account (“Premium Account”) that provides additional features, including additional storage and the ability to create more total items in your Property, Taxes, Finance, Insurance, and Legal categories. The Premium Account is offered on a monthly subscription basis where we automatically bill you when you upgrade to a Premium Account and on each monthly renewal date until you either downgrade your account or cancel your account. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

You may cancel your Premium Account subscription at any time by managing your plan in your account settings. Doing so will downgrade your account to a Free Account, provided that you are not over the storage limit in the Free Account. You will not be able to cancel your subscription until your account adheres to the storage and item limits under the Free Account. Your Premium Account will remain in effect until your subscription is cancelled or your account is delete or terminated under these Terms. You may delete your account at any time, however (see Account Cancellation, below). If you don’t pay for your Premium Account on time, we reserve the right to suspend it or remove Premium Account features. Refunds are only issued if required by law. 

Due to changes to our product offerings and features, changes to our business, or changes in economic conditions, we may change the fees in effect on the monthly renewal of your subscription to reflect such factors. We’ll give you no less than 30 days’ advance notice of these changes via email to the email address associated with your account and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.

3. Purchases and Payment

We accept the following forms of payment:

• Visa

• Mastercard

• American Express

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order., If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors. 

4. Beta Testing Participation

Services or features that are currently in a beta testing period and are made available so that we can collect user feedback, and by using our Services as part of a beta test program, you agree that we may contact you to collect such feedback.

Eligibility: The beta testing of aspects of our Service is open to individual users who are at least 18 years of age or the age of majority in their jurisdiction, whichever is higher.

No Payment Required: During the beta testing period, customers are not required to pay for the use of the features being tested.

Feedback and Bug Reporting: If you are a beta participant, you agree to provide feedback, bug reports, and suggestions to help us improve the service. You may provide feedback through the channels provided by us. 

Limited Availability: Participation in the beta release is on a first-come, first-served basis, and we may limit the number of users who can access the features being tested during this phase.

Service Features: The features, functionality, and storage capacity of the beta services may be limited compared to the final release.

Future Free and Paid Versions: As an initial beta user (signed up prior to 15 January 2024), you will be able to continue using your current account for free. However, you may need to pay or subscribe to a paid account plan to access additional services, features, or increased storage space that will be available in future versions.

3. Intellectual Property

Our Intellectual Property: We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Protection of Content and Marks: Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

Limited Use: The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use only.

Licence: Subject to your compliance with these Legal Terms, including the Prohibited Activities section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• • • • • • access the Services; and

          • download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@getstronghold.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

4. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• • • • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

      • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

      • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

      • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

      • Use any information obtained from the Services in order to harass, abuse, or harm another person.

      • Make improper use of our support services or submit false reports of abuse or misconduct.

      • Use the Services in a manner that violates or is inconsistent with any applicable laws or regulations or that violates the rights of others .

      • Engage in unauthorised framing of or linking to the Services.

      • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

      • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

      • Delete the copyright or other proprietary rights notice from any Content.

      • Attempt to impersonate another user or person or use the username of another user.

      • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

      • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

      • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

      • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services, including any space storage limits.

      • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

      • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

      • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.

      • Use a buying agent or purchasing agent to make purchases on the Services.

      • Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

      • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

      • Publish, share or store materials that constitute child sexually exploitative material (including material which may not be illegal child sexual abuse material but which nonetheless sexually exploits or promotes the sexual exploitation of minors) or unlawful pornography or are otherwise indecent.

      • Publish, share or store content that contains or promotes extreme acts of violence or terrorist activity, including terror or violent extremist propaganda.

      • Advocate bigotry, hatred or the incitement of violence against any person or group of people based on their race, religion, ethnicity, national origin, sex, gender identity, sexual orientation, disability, impairment or any other characteristic(s) associated with systemic discrimination or marginalisation.

      • Use the Services to advertise or offer to sell goods and services.

      • Sell or otherwise transfer your profile.

5. User Representations and Warranties

By using the Services, you represent and warrant that:

Your Materials: Materials that you share, store or provide to us in connection with the Services will not infringe any intellectual property rights  

Registration Information: All registration information you submit will be true, accurate, current, and complete.

Maintenance of Information: You will maintain the accuracy of such information and promptly update it as necessary.

Legal Capacity: You have the legal capacity and you agree to comply with these Legal Terms.

Age Requirement: You are not under the age of 18 in the jurisdiction in which you reside.

No Automated Access: You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.

Legal and Authorised Use: You will not use the Services for any illegal or unauthorised purpose.

Compliance with Applicable Laws: Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

6. User Registration

Account Registration: You are required to register to use the Services. You agree to keep your password confidential and will not share your password or account credentials and will be responsible for all use of your account and password.

Username Discretion: We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

7. No Professional Advice

We do not provide any professional advice. No action should be taken based upon any information contained in or provided through the Services (for example legal, financial, or medical advice). If such information is provided, it is for informational purposes only and should not be construed as professional advice. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area, including without limitation any legal professionals permitted to practice law in your applicable jurisdiction.

8. Third Party Links and Information

The Services may contain links to third-party materials or may otherwise refer to third parties or third party materials that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service, you do so at your own risk and you understand that these Terms and our Privacy Policy do not apply to your use of such sites or services and that your use of such sites and services may be subject to the terms and privacy policies of such third-party sites and services.

You expressly relieve Stronghold from any and all liability arising from your use of any third-party website, service, or content.

9. Account Cancellation

Account Deletion: Customers have the right to cancel their account at any time by accessing the account settings and selecting the "Delete Account" option. Please note that account deletion is permanent and all user data associated with the account will be permanently deleted. Stronghold shall not be responsible for any data loss resulting from the account deletion.

Data Removal: Upon account deletion, all user data stored in the Services, including files, documents, and personal information, will be permanently and irreversibly deleted from our servers.

10. Services Provided “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, STRONGHOLD AND ITS 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. To the extent that the disclaimers in this paragraph are not permitted by law, they will not apply to you. 

11. 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 STRONGHOLD’S FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. TO THE EXTENT THAT THE FOLLOWING TYPES OF EXCLUSION AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE STRONGHOLD’S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICES OR OF OUR BREACH OF OUR CONTRACT WITH YOU, AS LONG AS THOSE LOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.

WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION PROVIDED THROUGH ANY OF OUR SERVICES IS ACCURATE AND UP TO DATE, BUT WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEE THAT THIS WILL ALWAYS BE THE CASE.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, STRONGHOLD WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT STRONGHOLD OR ANY OF ITS AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

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 OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH STRONGHOLD. THIS PROVISION DOES NOT APPLY TO EU CONSUMERS WHERE PROHIBITED BY APPLICABLE LAW.

12. Termination

Termination Rights: We reserve the right to terminate the beta testing program or the Services at any time with reasonable advance notice via email, unless you are in material breach of these terms, we’re prohibited by law from doing so, or doing so would cause us legal liability or in some way compromise the Services. Reasonable notice is intended to give you the opportunity to download your data from our Services. You may discontinue your participation or your account at any time.

Data Deletion: Upon the conclusion of the beta phase, Stronghold may delete all user data collected during the testing period.

We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond our control (for example a natural disaster), or to comply with our legal obligations. If we do so, we’ll give you reasonable notice in advance. 

13. Privacy

Your privacy is our priority. You’ll find everything you need to know about how we keep your information secure, including data protection, in our Privacy Policy and Cookie Policy.

14. General

Entire Agreement: These Terms, our Privacy Policy and Cookie Policy, and any document expressly referred to in this agreement constitutes the entire agreement between you and us and supersedes any and all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements between us relating to the use of our Platform and the Services made available on it.

Transfer of Rights: We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person with our prior written consent.

Severability: If any part of these Terms is determined by a court to be invalid or unenforceable including, but not limited to, the warranty disclaimers and exclusions and limits of liability, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

Third Party Rights: These Terms do not give rise to any rights for any third party to enforce any term of these Terms.

Modification: Stronghold reserves the right to modify, update, or change these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website.

Governing Law: The English courts have exclusive jurisdiction over any claim arising from, or related to, the Services. We reserve the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms and any dispute or claim arising out of, or in connection with them or their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the law of England and Wales.

By accessing or using our Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with these Terms, please refrain from using the beta service.

If you have any questions or concerns regarding these Terms, please contact Stronghold at contact@getstronghold.com. 

Stronghold Systems Limited is registered in England and Wales. Registered office: New Burlington House, 1075 Finchley Road, London, NW11 0PU, United Kingdom.