Terms of service
These terms govern the use of the hosted Syncstone service. Last updated: [date].
1. Scope and provider
The provider of the service is Michel Häusermann, 4132 Muttenz, Switzerland ("we"). See the legal notice for contact details.
These terms apply to everyone who registers an account on the hosted service ("you"). Different terms of yours do not apply, even if we do not object to them.
They do not apply to self-hosted versions of Syncstone (not available yet). For those, the licence that comes with the software applies ([licence, once chosen]) and we are not your service provider.
2. Subject of the contract
Syncstone is an independent service for Obsidian users and is not affiliated with Obsidian. It synchronises your vault between your devices and the web app. Your notes and files are encrypted on your device before they are uploaded, so we only store encrypted content and technical metadata (see the privacy policy).
We provide the service in the packages and with the storage, file size and version history shown on the plan page at the time you subscribe. We may improve and change the service; we will not reduce a paid package during the paid period. Beyond that, the service is provided as available and without a guarantee that it suits a particular purpose. The free trial is provided as is.
3. Private use only
The service is offered to private individuals for private use only. Commercial use is not permitted. This includes, in particular:
- use for a trade, profession, freelance activity, company, association or other organisation;
- storing business data, client or customer data, or data of your employer;
- offering the service or storage to third parties, reselling it or sharing an account with others;
- using it as the infrastructure of a product or of another service.
Vaults you share with other people may only be shared with private individuals for private purposes. If we have reason to believe that the service is used commercially, we may ask you to confirm your use, block the account and terminate the contract under section 9. Use of the web app for your own private notes on a work device does not make the use commercial as long as the notes themselves are private.
4. Registration and account
You must be at least 16 years old and have the legal capacity to enter into the contract, or have your legal representative's consent. You give a correct e-mail address and keep it current. One person may hold one free trial.
You keep your sign-in details (password, second factor, passkeys) secret and tell us without delay if you suspect misuse. You are responsible for what happens under your account unless you are not at fault.
5. Trial, prices, payment and refunds
- Trial: new accounts get 14 days with 200 MB of storage, free and without a payment method. After the trial the account is read-only (you can still read and download) and its data is deleted 30 days later unless you subscribe.
- Packages and prices: as shown on the plan page, per month, in Swiss francs. Prices exclude value-added or sales tax; where it applies it is added at checkout.
- Payment: the purchase is processed by Stripe, our payment provider and merchant of record (shown as “Sold through Link”), which issues the invoice. Stripe's terms apply to the payment. Subscriptions renew every month until cancelled and are paid in advance. If a payment fails, Stripe retries for a limited time; if it stays unpaid, the account becomes read-only as after the trial.
- Changing the package: an upgrade is charged at once for the remaining period, a downgrade takes effect at the end of the paid period. Nothing is refunded for the time already paid.
- Cancelling: you can cancel at any time in the web app. The subscription then ends at the end of the paid period. We do not refund fees for periods already started, unless the law requires it.
- Refunds: paid fees are not refunded, except (a) in the case described in section 7 (extended outage), (b) where Stripe's refund terms grant a refund, for example a withdrawal right for consumers that applies by law, and (c) where mandatory law requires it. Refunds are paid out through Stripe to the original payment method.
- Price changes: we announce them by e-mail at least 30 days in advance. You can cancel before they take effect; otherwise the new price applies from the next period.
6. User obligations and content
You agree to:
- store and publish only content you are entitled to use and that does not break the law or the rights of others;
- not use the service for malware, spam, harassment, unlawful pornography or content that glorifies violence, or any other unlawful purpose;
- not attack, overload or probe the service, not circumvent quotas or limits, and not register accounts automatically;
- take responsibility for notes you publish by link: everyone with the link can read the published copy.
You keep all rights in your content. You give us only the right to store, copy and transmit it as far as needed to provide the service.
We cannot read your encrypted vault content and do not monitor it. If we learn of unlawful content (report to [email protected]), we may disable published links, delete the affected data and block the account, and we may pass information to authorities where the law requires it. You will be informed, unless that is not permitted.
7. Availability, backups and your data
We run the service with reasonable care but do not promise uninterrupted availability. Maintenance, updates, faults of our hosting or other providers and events beyond our control can interrupt it. There is no guaranteed uptime.
If the service is largely unavailable for more than 48 hours in a row (announced maintenance and events beyond our control not counted), you can ask us for a refund of the fee for the days affected. This refund is your only remedy for an outage.
Syncstone is a sync service, not a backup. Your vault always also exists on your own devices. Keep your own backups. The version history and the trash are conveniences for restoring files and are kept for the periods stated on the plan page; they do not replace a backup.
Your key is yours alone. Because your content is end-to-end encrypted, we cannot recover it if you lose the password or key that protects it. Data that can no longer be decrypted is lost.
8. Liability
We are liable without limit for intent and gross negligence, for injury to life, body or health, and wherever the law does not allow liability to be limited or excluded.
To the extent permitted by law, we exclude all other liability, in particular for slight and ordinary negligence, for indirect damage, consequential damage and lost profit, and for loss, damage or unavailability of data. This also applies to the liability of our staff and auxiliary persons.
If mandatory consumer law of your country does not allow this exclusion, we are liable for slight negligence only where we breach an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place), and then only for the damage that was foreseeable and typical for this kind of contract. For data, this is the effort needed to restore it from a backup you made regularly, such as the copy of your vault on your own devices.
For the free trial we are liable only for intent and gross negligence. We are not liable for the acts of third parties, for interruptions outside our control, for losses caused by a lost password or key, or for content that you or other users store or publish.
9. Term and termination
The contract is concluded for an indefinite time. You can end it at any time by cancelling the subscription (section 5) or by deleting your account. A running subscription must be cancelled before the account can be deleted. Deleting the account removes all of its data.
We may terminate a paid subscription with 30 days' notice (the fees for the period not used are refunded) and the free trial at any time. We may terminate, block or limit an account without notice for a good reason, in particular for commercial use (section 3), unlawful content, abuse or non-payment.
When a subscription ends, the account stays read-only for 30 days so that you can download your data. After that its data is deleted and cannot be restored. We usually remind you by e-mail shortly before, but are not obliged to; it is your responsibility to download your data in time. You can export your data at any time while the account is active.
10. Changes, data protection and final provisions
We may change these terms for good reasons, for example for legal changes or new features. We announce a change by e-mail at least 30 days in advance. If you do not agree, you can cancel before it takes effect; if you keep using the service after that, the new terms apply.
How we process personal data is described in the privacy policy.
Swiss law applies, excluding its conflict-of-law rules and the UN Sales Convention. The place of jurisdiction is Muttenz (Canton Basel-Landschaft), unless mandatory law gives you another one; mandatory consumer protection rules of your country of residence remain unaffected.
If a provision is invalid, the others remain valid. If these terms are translated, the English version prevails.
Syncstone uses open-source software. Licences of the components we use