Terms of Service

Last updated: June 8, 2026
Effective date: June 22, 2026

1. DEFINITIONS

“Agreement” means these Terms of Service, including any schedules, addenda, or incorporated licenses, as amended from time to time.

“Company,” “Get Shelter LLC,” “Shelter”, “we,” or “us” means Get Shelter LLC, a limited liability company organized under the laws of the State of Maryland. References to “the Company,” “Get Shelter LLC,”, “Shelter”, “we,” and “us” throughout this Agreement refer to the same legal entity.

“Services,” or “Products” means any services or other products sold or provided by Get Shelter LLC.

“Purchaser,” “Customer,” or “you” means the individual or legal entity that purchases, receives, or uses Services from Get Shelter LLC, agrees to be bound by this Agreement.

“Shelter Individuals” means Get Shelter LLC’s members, managers, officers, employees, and agents, each acting in their individual or official capacity.

“Service Providers” means third parties engaged by Get Shelter LLC to facilitate the sale, processing, or delivery of the Services, including payment processors, and analytics providers.

“Trusted Contact” means a party that the Customer has authorized to access the data stored in their Shelter account.

“Vault” means encrypted storage of data that the Customer uploads to the Service.

“Vault Data” means any encrypted data that the Customer uploads to be stored in their Vault.

“Zero Knowledge” means a system in which data stored by Customers using the Services is encrypted prior to being uploaded and therefore Get Shelter LLC has no knowledge of the content of the data.

2. SCOPE OF AGREEMENT

Shelter provides a platform for users to store and share their important information with Trusted Contacts.

These Legal Terms constitute a legally binding agreement made between you and Get Shelter LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

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.

Updates to These Terms: We reserve the right to update or modify these Legal Terms at any time. For material changes — including changes to pricing, data handling practices, limitations of liability, or dispute resolution — we will provide you with at least fifteen (15) days’ prior notice by email to the address associated with your account. Non-material changes, such as corrections of typographical errors or clarifications that do not alter your rights or obligations, may take effect upon posting without prior notice.

Updated Legal Terms will become effective on the date stated in the notice, or fifteen (15) days after the notice is sent, whichever is later. If you do not agree to the updated terms, you may cancel your account before the effective date in accordance with Section 6. By continuing to use the Services after the effective date, you agree to be bound by the updated Legal Terms.

Notwithstanding the foregoing, updates to the arbitration agreement in Section 14 are governed exclusively by Section 14.17.

3. OUR SERVICES

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).

Compliance Responsibility

While the Services provide security and privacy tools, you are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including but not limited to:

  • Data Residency Laws: Ensuring data is stored and transferred in accordance with the laws of your jurisdiction.
  • Professional Standards: Complying with industry-specific regulations such as HIPAA (healthcare), GLBA (finance), or FERPA (education).
  • Third-Party Rights: Obtaining necessary consents before storing or sharing the personal information of third parties (e.g., family members or clients).

The Company cannot review Vault content for compliance. You acknowledge that storing data subject to specific regulatory protections (like Protected Health Information) on a non-certified platform is done at your own risk and may be a violation of law for which you are solely liable.

4. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  1.  You have the legal capacity and you agree to comply with these Legal Terms.
  2.  You are not a minor in the jurisdiction in which you reside.
  3. You will not access the Services through automated or non-human means, whether through a bot, script or otherwise.
  4. You will not use the Services for any illegal or unauthorized purpose.
  5. 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).

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Discover

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 you authorize us to charge your chosen payment method for any such amounts upon placing your 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 judgment, appear to be placed by dealers, resellers, or distributors.

6. SUBSCRIPTIONS

6.1 Billing and Renewal. Your subscription will continue and automatically renew unless canceled. 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. The length of your billing cycle is annual.

6.2 Free Trial. We offer a 30-day free trial to new users who register with the Services. To begin your free trial, you will be required to provide a valid payment method at registration. You will not be charged during the trial period. At the end of the 30-day trial period, your payment method will be automatically charged the applicable subscription fee for your chosen plan unless you cancel before the trial ends. By providing your payment information at registration, you authorize us to charge your payment method at the conclusion of the free trial without further notice or action required from you.

To avoid being charged, you must cancel your subscription before the end of the 30-day trial period. Cancellation instructions are described in the Cancellation section below.

6.3 Cancellation. You can cancel your subscription at any time by logging into your account and opening the Settings page. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at contact@getshelter.co.

6.4 Refunds. Subscriptions are non-refundable and will not be prorated. If you cancel your subscription, you will continue to have access to the Service until your pre-existing subscription expiration date.

6.5 Account Deletion. If a subscription is canceled or lapses, we may irreversibly delete Vault Data after 12 months of inactivity. You can also request immediate data deletion at any time.

6.6 Fee Changes. We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available.

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

  • 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
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations including storing, sharing, or transmitting any material that is illegal under applicable law. Specifically, and without limitation, you may not upload or store Child Sexual Abuse Material (CSAM). While we cannot and do not monitor Vault contents due to our Zero-knowledge architecture, we will report any prohibited content that is brought to our attention, such as being reported by a Trusted Contact.
  • Engage in unauthorized 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.
  • 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.
  • Copy or adapt the Services’ software, including but not limited to Java, 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 unauthorized script or other software.
  • Make any unauthorized use of the Services for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

8. PERSONAL VAULT DATA

The Services allow you to upload and store personal documents and information.

8.1 Data Content. The Services are for storage, organization, and communication and are not a substitute for legal, financial, or estate planning advice. You are responsible for the accuracy and legal validity of the documents you store.

8.2 Role of the Parties. You acknowledge that you are the Data Controller and the Company is the Data Processor. The Company’s “processing” is limited to the automated storage and transmission of your encrypted data. Because the Company utilizes Zero-Knowledge encryption, we do not have the technical capability to access, search, or modify your Vault Data. Accordingly, you agree that the Company’s obligations to assist with data requests (such as access, correction, or deletion) are fully satisfied by providing you with the self-service tools to manage your Vault. The Company cannot modify Vault Data on your behalf. The Company is a “Passive Storage Provider”. Our “processing” is limited strictly to the hosting of encrypted data at the direction of the User.

8.3 Trusted Contacts. The Services allow you to invite Trusted Contacts to have access to your personal Vault Data.

When inviting a Trusted Contact, you may choose when to grant that person access to your Vault:

  • Immediately
  • When Requested (with a delay) –  Even after being confirmed as your Trusted Contact, the person will not be able to access your Vault until they submit a request to you through Shelter. When a request is made, you can either Approve or Decline the request. If you do not Decline the request within the full delay period (the number of days you selected when inviting the Trusted contact), the Trusted Contact will gain access to your Vault. This feature is intended to allow Trusted Contacts to access the Vaults of Customers that have died or been incapacitated. It is your responsibility to decline unwanted requests during the delay period.

The Company only acts as a facilitator and does not verify the identity of the Trusted Contact beyond the access controls you choose when you invite them. It is your responsibility to only invite people to be your Trusted Contacts who you want to have access to your Vault.

You are also responsible for obtaining consent from the Trusted Contact before providing that person’s name and email to Shelter.

8.4 Loss Of Access. If You Forget Your Password And Also Lose Your Recovery Code, Your Data Will Be Permanently Lost. Our Zero-Knowledge Architecture Means That We Have No Way Of Reading Your Data Or Resetting Your Password Without Your Recovery Code.

Any Use Of The Services In Violation Of The Foregoing Violates These Legal Terms And May Result In, Among Other Things, Termination Or Suspension Of Your Rights To Use The Services.

8.5 User Intellectual Property And Limited License. We claim no intellectual property rights over the documents, information, or materials you upload to your personal Vault. You, or your respective licensors, retain full ownership of all copyrights, trademarks, and any other intellectual property rights associated with your Vault Data. In order for us to legally provide the Services, you grant us a limited, non-exclusive license solely to store, transmit, and maintain the encrypted versions of your Vault Data as necessary to provide the Services.

9. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your account or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

10. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://getshelter.co/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

11. COPYRIGHT INFRINGEMENTS

11.1 Zero-Knowledge Limitations and Copyright Claims. Get Shelter LLC utilizes a strict Zero-Knowledge encryption architecture. All Vault Data is encrypted on the user’s device before it is transmitted to our servers. We do not possess the decryption keys, nor do we provide a mechanism for users to generate public sharing links. As a result, Get Shelter LLC is technically incapable of accessing, viewing, searching, identifying, or verifying the contents of any user’s vault.

11.2 DMCA Takedown Notices. To comply with the DMCA, we respond expeditiously to valid notices of claimed copyright infringement. If you are a copyright owner or an authorized agent and believe your work has been infringed, you may submit a notification to our Designated Copyright Agent. Because of our zero-knowledge architecture, we cannot proactively scan or search our servers for infringing content. Therefore, your notice must include the exact location (e.g., a specific file identifier or URL) on our servers where the allegedly infringing encrypted material resides.

A valid notice must be in writing and include:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the encrypted material that is claimed to be infringing, along with information reasonably sufficient to permit us to locate the material on our servers;
  4. Your address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Upon receipt of a compliant notice, we will expeditiously remove or disable access to the specifically identified encrypted material and notify the user who stored it.

11.3 DMCA Counter-Notices. If you are a user who believes your encrypted material was removed (or access was disabled) by mistake or misidentification, you may send a counter-notice to our Designated Copyright Agent. A valid counter-notice must include:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the specific location at which the material appeared before it was removed or disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  4. Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if outside the U.S., any judicial district in which Get Shelter LLC may be found), and that you will accept service of process from the person who provided the original notification.

Upon receipt of a valid counter-notice, we will forward it to the original complaining party. We will restore the removed material in 10 to 14 business days, unless the original complaining party notifies our Designated Copyright Agent that they have filed an action seeking a court order to restrain the user from engaging in infringing activity.

11.4 Preservation and Required Legal Process. Because Get Shelter LLC cannot decrypt vault contents, we cannot turn over the unencrypted files of any user. However, we will preserve available account-level metadata—such as account registration information, login records, and billing information—upon receipt of a valid legal hold notice, preservation request, or court order. If a copyright owner seeks further action beyond a DMCA takedown (such as identifying a user for litigation), they must pursue valid legal process. Get Shelter LLC will comply with valid, binding court orders from a court of competent jurisdiction.

11.5 Designated Copyright Agent. Notices of claims of copyright infringement, as well as any associated legal orders, should be sent to our Designated Copyright Agent at:

Get Shelter LLC

PO Box 1544

Silver Spring, MD 20915

Email: contact@getshelter.co

11.6 Repeat Infringer Policy. Get Shelter LLC maintains a policy of terminating, at our sole discretion, the accounts of users who are determined by a court of competent jurisdiction to be repeat infringers.

12. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. Termination: We may terminate your account access and/or delete your Vault Data at our sole discretion.

  • With Notice: For terminations not resulting from a breach of these Terms (such as a discontinuation of the Service), we will provide you at least thirty (30) days’ notice via the email address associated with your account to allow you to export your data.
  • Without Notice: We reserve the right to terminate or suspend your account immediately and without prior notice if we determine, in our sole discretion, that:
    1. You have violated these Terms (including storing prohibited illegal content);
    2. Your actions pose a security risk to the Service or other users;
    3. We are required to do so by law.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Data for terminated or suspended accounts may be irreversibly deleted after 12 months, as long as permitted by law.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason at our sole discretion. Except as provided in Section 12 with respect to permanent discontinuation of the Services, we are not obligated to provide you with notice of any such modification, and we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

14. DISPUTE RESOLUTION

14.1 GOVERNING LAW. This Agreement and any dispute arising from the purchase or use of the Services shall be governed by the laws of the State of Maryland, without regard to its conflict of law principles. To the extent that any mandatory consumer protection law of your state of residence requires the application of local law, that law shall govern only with respect to those specific claims.

14.2 EXCLUSIVE VENUE. Subject to the arbitration requirements below, any legal action not subject to arbitration shall be instituted exclusively in the state or federal courts in Montgomery County, Maryland. If a court of competent jurisdiction determines that this venue provision is unenforceable under the consumer protection laws of your state of residence, then the parties agree that the venue shall be the state or federal courts located nearest to your residence.

14.3 JURY TRIAL WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND Get Shelter LLC EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY.

14.4 CLASS ACTION AND REPRESENTATIVE ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Get Shelter LLC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION. For the avoidance of doubt, the Mass Filings and Bellwether Procedures in Section 14.10 represent a coordinated administration of individual claims and do not constitute a class, collective, or representative proceeding. If a court determines this Section 14.4 is unenforceable, then the arbitration agreement in Section 14.5 shall be deemed null and void. Notwithstanding the foregoing, nothing in this Section waives the right of any party to seek public injunctive relief in a court of competent jurisdiction where such right cannot be waived as a matter of applicable state law. Any such claim shall be stayed pending resolution of related individual claims in arbitration.

14.5 BINDING ARBITRATION. Any dispute, claim, or controversy arising out of or relating specifically to the transaction covered by this Agreement, or the actions of the Shelter Individuals acting in their official capacity—including the determination of the scope of this agreement to arbitrate—shall be determined by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. If the AAA is unable or unwilling to administer the arbitration consistent with this Agreement, the parties shall arbitrate before JAMS in accordance with its Streamlined Arbitration Rules and Procedures, and, if applicable, the JAMS Mass Arbitration Procedures and Guidelines, as modified by this Agreement. If JAMS is also unable or unwilling to administer, the parties shall petition a court of competent jurisdiction to appoint an arbitration provider that will do so.

  • (a) Individual Basis: Arbitration shall be conducted on an individual basis only. Neither party may bring claims as a plaintiff or class member in any purported class or representative proceeding. Except as provided in the Mass Filings and Bellwether Procedures in Section 14.10, the arbitrator shall have no authority to consolidate claims of more than one person or entity.
  • (b) Emergency Relief: Either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.
  • (c) Enforceability: Judgment on the award may be entered in any court of competent jurisdiction.
  • (d) Delegation Clause: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to arbitrate, including, but not limited to, any claim that all or any part of this agreement to arbitrate is void or voidable.
  • (e) Written Decision: The arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based.

This Agreement and this arbitration provision evidence a transaction in interstate commerce. This arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and federal arbitration law, and not state arbitration law.

14.6 Small Claims Court. Notwithstanding Section 14.5, either party may elect to have an individual claim heard in small claims court if the claim is within that court’s jurisdiction. If a claim proceeds in small claims court, you and Get Shelter LLC agree to request and consent to participate in all hearings, conferences, and proceedings via videoconference or telephonic means to the maximum extent permitted by the court’s rules.

14.7 Mandatory Informal Dispute Resolution. Before filing a claim for arbitration, you agree to try to resolve the dispute informally. You must send a Notice of Dispute to Get Shelter LLC at contact@getshelter.co. The Notice must include your name, contact information, a description of the nature and basis of the claim, and the specific relief sought, including a good-faith calculation for it. The Notice must be personally signed by the party submitting it and, if that party is represented by counsel, by counsel as well. We will then have sixty (60) days to attempt to resolve the matter, unless that time is extended by agreement. You and Get Shelter LLC agree to participate in a non-binding settlement conference (via phone or video) if requested during this period. The statute of limitations shall be tolled during this period. Completion of this informal process is a condition precedent to filing any demand for arbitration.

14.8 Optional Mediation. During the 60-day informal period, either party may propose non-binding mediation. If Get Shelter LLC proposes mediation, you may choose whether or not to participate. If you agree to participate, Get Shelter LLC shall pay all mediator fees and administrative costs. If you propose mediation and Get Shelter LLC agrees, the parties shall share the cost. Participation in any agreed-upon mediation shall further toll the statute of limitations.

14.9 Claim Verification. Any demand for arbitration must be personally signed by the claimant and accompanied by a written certification, also signed by the claimant and their legal counsel if any, verifying under penalty of perjury that: (i) the claimant personally purchased the Services and provided a valid order number or proof of purchase; (ii) the claimant personally experienced the specific dispute alleged; and (iii) the information provided is true and correct. The name and contact information provided in the Notice of Dispute and demand for arbitration must match the information associated with the provided order number. A demand signed only by counsel, without the claimant’s personal signature, shall not be accepted. Counsel for any claimant in a Mass Filing must also affirm that they have performed a good-faith investigation into the facts of each individual claim. If these requirements are not met, the arbitrator shall not accept, administer, or demand fees for such arbitration, and the Process Arbitrator shall have the explicit authority to enforce this requirement. The arbitrator is authorized to award sanctions, including reasonable attorney fees and costs, against any party or counsel who pursues claims or defenses that are frivolous or brought in bad faith, consistent with the AAA Consumer Arbitration Rules and applicable law. Following entry of an award, the arbitrator may also consider whether to shift costs based on the reasonableness of each party’s litigation conduct.

14.10 Mass Filings and Bellwether Procedures. If 25 or more similar demands for arbitration are filed against Get Shelter LLC by the same or coordinated counsel (a “Mass Filing”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. If your claim is part of a Mass Filing, any applicable limitations periods shall be tolled from the time your Dispute is first submitted until it is selected to proceed under the Staged Adjudication Process in Section 14.11, is settled, withdrawn, or proceeds to court pursuant to Section 14.11(c).

14.11 Staged Adjudication Process.

(a) STAGE ONE. Within thirty (30) days after the Mass Filing threshold is reached, counsel for all parties shall meet and confer in good faith — by telephone or videoconference — in an effort to streamline procedures, address information exchange, and explore early resolution of the Disputes. If the parties reach a global resolution during this period, it shall be documented in writing and submitted to the Process Arbitrator for confirmation. If no global resolution is reached within thirty (30) days, or such extended period as the parties may agree in writing, the staged process shall proceed as follows.

Counsel for the claimants shall select 15 Disputes, counsel for Get Shelter LLC shall select 15 Disputes, and the arbitration provider shall randomly select 20 Disputes. (If there are fewer than 50 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If claimants are represented by more than one law firm, claimants’ counsel shall coordinate among themselves to make the joint selection within fourteen (14) days of the close of the meet-and-confer period; failure to agree on a joint selection within that period shall result in the Process Arbitrator making the selection on claimants’ behalf. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration, nor shall any arbitration administrative or arbitrator fees be assessed, invoiced, or collected in connection with those remaining claims. After this initial set of proceedings is completed, counsel for the parties shall participate in a global mediation session with a mutually agreed upon neutral mediator in an effort to resolve the remaining Disputes, informed by the adjudications of the Stage One cases. Get Shelter LLC shall pay the mediator’s fee. If the parties cannot agree on a mediator within fourteen (14) days of the conclusion of Stage One, the arbitration provider currently administering the proceedings shall appoint one.

(b) STAGE TWO. If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants shall select 15 Disputes, counsel for Get Shelter LLC shall select 15 Disputes, and the arbitration provider shall randomly select 20 Disputes. (If there are fewer than 50 Disputes remaining, all shall proceed individually in Stage Two). No more than five cases may be assigned to a single arbitrator. The remaining unselected Disputes shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a second global mediation session of all remaining Disputes, with Get Shelter LLC paying the mediator’s fee. If the parties cannot agree on a mediator within fourteen (14) days of the conclusion of Stage Two, the arbitration provider currently administering the proceedings shall appoint one.

(c) COURT OPT-OUT. Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two.

(d) ENFORCEMENT. A court of competent jurisdiction shall have the authority to enforce these Bellwether Procedures for Mass Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment, invoicing, or collection of arbitration fees. If, after exhaustion of all appeals, a court of competent jurisdiction decides that these Bellwether Procedures apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

(e) PRECLUSIVE EFFECT LIMITATION. No arbitration award issued in any Stage One or Stage Two proceeding shall have preclusive effect in any other arbitration or proceeding in which the claimant named in that award is not a party.

14.12 Mandatory Virtual Arbitration. The juridical seat of arbitration shall be Montgomery County, Maryland, unless the mandatory laws of your state of residence require the seat to be located within your state. However, to minimize costs, all hearings and conferences shall be conducted exclusively via videoconference. No party shall be required to travel for the arbitration.

14.13 Accessibility Fallback. If a party is unable to participate via videoconference due to technological limitations or disability, they may request to proceed via (i) telephonic conference or (ii) a documents-only arbitration where the Arbitrator decides the case based solely on written submissions. No party shall be required to travel for the arbitration.

14.14 Intended Third-Party Beneficiaries. The Shelter Individuals and Service Providers, as defined in Section 1, are intended third-party beneficiaries of this Section 14. Any claim brought against any such intended beneficiary arising out of their role, actions, or omissions on behalf of Get Shelter LLC shall be subject to the Governing Law, Venue, and Arbitration provisions herein.

14.15 ONE-YEAR TIME LIMIT TO FILE CLAIMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OR SUCH LONGER PERIOD AS REQUIRED BY THE LAW OF YOUR STATE OF RESIDENCE, ANY CLAIM, DISPUTE, OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PURCHASE OR USE OF THE PRODUCT, OR THESE TERMS, MUST BE FILED IN ARBITRATION OR IN COURT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY AND IRREVOCABLY BARRED.

14.16 Scope of Third-Party Beneficiary Status; No Waiver of Corporate Form. The inclusion of Shelter Individuals as beneficiaries of this Section 14 is for the sole purpose of ensuring the efficient and consistent resolution of disputes. Such inclusion shall not be construed as a waiver of the corporate veil, an admission of personal liability, or evidence that any Shelter Individual is an alter ego of Get Shelter LLC. All parties expressly intend to maintain the separate legal existence of Get Shelter LLC as provided under the Maryland Limited Liability Company Act.

14.17 Future Changes to Arbitration Agreement. If Get Shelter LLC makes any material change to this Section 14 (other than a change to contact information), you may reject that change by sending your personally signed written notice to contact@getshelter.co within thirty (30) days of the change taking effect. Rejection of a change to this Section does not constitute rejection of the Agreement as a whole. By rejecting a future change, you agree to arbitrate any Dispute under the version of this Section in effect at the time your most recent order was placed.

15. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

16. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “THE COMPANY ENTITIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

THE COMPANY ENTITIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, REGARDLESS OF WHETHER SUCH ACCESS RESULTED FROM A VULNERABILITY IN THE SERVICES OR USER ERROR; (4) ANY INTERRUPTION OF TRANSMISSION; AND/OR (5) ANY BUGS, VIRUSES, OR MALWARE TRANSMITTED BY THIRD PARTIES.

SPECIFIC CRYPTOGRAPHIC DISCLOSURE: THE USER ACKNOWLEDGES THAT THE SERVICES UTILIZE A “ZERO-KNOWLEDGE” ARCHITECTURE WHEREIN DATA IS ENCRYPTED CLIENT-SIDE. THE COMPANY ENTITIES HAVE NO “BACKDOOR,” “MASTER KEY,” OR ADMINISTRATIVE ACCESS TO YOUR UNENCRYPTED DATA. THE LOSS OF BOTH THE MASTER PASSWORD AND RECOVERY CODE RESULTS IN THE PERMANENT, IRREVERSIBLE CRYPTOGRAPHIC LOSS OF ALL STORED DATA. THE COMPANY ENTITIES ARE NOT LIABLE FOR DATA LOSS RESULTING FROM USER NEGLIGENCE IN CREDENTIAL MANAGEMENT OR THE FAILURE OF THE USER’S OWN HARDWARE OR BROWSERS.

NO PROFESSIONAL ADVICE: THE SERVICES ARE A DATA STORAGE TOOL ONLY. THE COMPANY ENTITIES ARE NOT A COVERED ENTITY UNDER PRIVACY LAWS (SUCH AS HIPAA) UNLESS EXPLICITLY AGREED TO IN WRITING, AND ARE NOT PROVIDING LEGAL, MEDICAL, OR FINANCIAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR USE OF THE SERVICES COMPLIES WITH APPLICABLE LAWS REGARDING THE DATA YOU STORE.

17. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE twelve (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $99.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your personal Vault Data; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we maintain encrypted backups of Vault Data, we cannot decrypt or restore your data on your behalf due to our Zero-Knowledge architecture. Backups do not provide a recovery mechanism for lost credentials. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

21. ENTIRE AGREEMENT

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

22. FORCE MAJEURE

In no event will Get Shelter LLC be liable or responsible to you, or be deemed to have defaulted under or breached these Legal Terms, for any failure or delay in fulfilling or performing any of our obligations when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control (a “Force Majeure Event”).

Force Majeure Events include, but are not limited to:

  1. Acts of God, natural disasters, extreme weather events, or pandemics;
  2. Flood, fire, earthquake, or explosion;
  3. War, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest;
  4. Government order, law, or actions;
  5. Strikes, labor stoppages or slowdowns, or other industrial disturbances;
  6. Shortages of adequate power or transportation facilities;
  7. Interruptions, outages, or failures of third-party Internet service providers, telecommunications networks, or third-party cloud infrastructure and hosting facilities;
  8. Malicious cyberattacks (such as distributed denial-of-service (DDoS) attacks, ransomware, or zero-day exploits) that bypass standard industry security measures.

In the event of a Force Majeure Event, we will use commercially reasonable efforts to mitigate the impact and restore the Services as soon as practicable. However, you acknowledge that due to the Zero-Knowledge architecture of the Services, Get Shelter LLC cannot be held responsible for the permanent loss or corruption of your Vault Data resulting from such an event, and you are strongly encouraged to maintain local backups of your encrypted data.

23. CONSUMER RIGHTS NOTICE

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: if you have a question or complaint regarding the Services provided by Get Shelter LLC, please contact us first at contact@getshelter.co or at the address in Section 24.

If your complaint is not resolved after contacting us, California residents may seek assistance from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

California Statutory Rights. Notwithstanding the choice of Maryland law in Section 14.1, California residents retain all rights that cannot be waived by contract under the following statutes, to the extent those statutes apply to the purchase of the Services:

  • The Consumers Legal Remedies Act (Civil Code §§ 1750–1784) (“CLRA”), including the right to seek public injunctive relief as provided in Section 14.4.
  • The Unfair Competition Law (Business & Professions Code § 17200 et seq.) (“UCL”).
  • The False Advertising Law (Business & Professions Code § 17500 et seq.) (“FAL”).

Maryland law continues to govern all aspects of this Agreement not displaced by the foregoing mandatory California statutes.

CLRA Notice and Cure. If you are a California resident asserting a claim under the CLRA, you must provide Get Shelter LLC with written notice of the alleged violation at least thirty (30) days before filing any lawsuit. The notice must be sent by certified mail, return receipt requested, to Get Shelter LLC at the address in Section 24, with a copy by email to contact@getshelter.co, and must describe the alleged violation with reasonable specificity and the relief requested. If Get Shelter LLC cures the alleged violation within thirty (30) days of receiving proper notice, you may not seek damages under the CLRA, though you may still seek injunctive relief or restitution. This CLRA notice requirement runs concurrently with the informal dispute resolution period in Section 14.7, so that a single notice and waiting period satisfies both requirements.

California Venue. Notwithstanding Section 14.2, a California resident bringing a non-arbitrable claim under a California consumer protection statute listed above may bring that claim in the Superior Court of the county in California in which they reside or in which the transaction occurred. This provision does not expand the scope of non-arbitrable claims beyond what is otherwise provided in this Agreement. The parties agree to request and jointly stipulate to remote participation — by videoconference or, where videoconference is unavailable, by telephonic means — for all hearings, conferences, and proceedings in any such action, to the maximum extent permitted by the rules and discretion of the presiding court. Neither party shall oppose a reasonable request by the other to participate remotely. The parties acknowledge that the grant of remote participation remains within the court’s discretion and that this provision constitutes an agreement between the parties only, not a limitation on the court’s authority.

24. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Get Shelter LLC
PO Box 1544
Silver Spring, MD 20915
contact@getshelter.co

Originally published at: https://getshelter.co/terms-of-service/