Effective Date: 21 Nov 2023
1. Agreement. The following Terms of Service (the "Terms") constitute a binding agreement between you and Banyan Storage Inc. ("Banyan" “we,” “our,” and “us”), the operator of the Banyan storage platform (the “Platform”). These Terms set forth conditions regarding your access to and use of the Platform. By accessing or using the Platform in any manner, you agree to be bound by these Terms.
If you are entering into these Terms on behalf of an entity (an “Enterprise Customer”), all references to “you” in these Terms refer to the Enterprise Customer and you represent and warrant that you are a duly authorized representative with the authorization to act on behalf of the Enterprise Customer and bind the Enterprise Customer to these Terms. In addition, you acknowledge that these Terms include rights, restrictions and obligations on all users of the Platform, including individuals. You may use the Platform only in compliance with these Terms.PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE PLATFORM WILL BE RESOLVED IN ACCORDANCE WITH SECTION 22 BELOW.2.Affiliated Users with Enterprise Customers.
8.1 Subscription Fee. You must pay Banyan a monthly storage fee in order to use the Platform that varies depending on the amount of storage space you require (the “Subscription Fee”). Banyan will provide each user the details of the Subscription Fee prior to the user’s creation of an account, and will provide the user prior written notice of any changes to the Subscription Fee, including when the user chooses to upgrade or renew its account. By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize Banyan (or Banyan’s third-party payment processor) to charge the designated payment method for the total amount of your Subscription Fee (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your account may be suspended or canceled. You must resolve any problem Banyan (or Banyan’s third-party payment processor) encounters in order to continue your Banyan account. You acknowledge that the Subscription Fee may vary due to promotional offers, changes in the Platform, or changes in applicable taxes or other charges, and you authorize Banyan (or Banyan’s third-party payment processor) to charge the designated payment method for the corresponding amount.
8. 2 Automatic Renewal. Your subscription to the Platform will automatically renew on a monthly basis unless you cancel your subscription before the end of the then-current subscription period. Contact firstname.lastname@example.org if you would like to cancel your subscription. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.
8.3 Enterprise Customer. If you are an Enterprise Customer and you wish to pay the Subscription Fee for your Affiliated Users, please contact Banyan at email@example.com.
8.4 Cancellations and Refunds. You are not entitled to any refund in the event your account is terminated.