Effective date: July 18, 2026 Last
updated: July 18, 2026
These Terms of Service (“Terms”) govern your access to and use of
vaultdataservers.com, TMJ Journey, and any other website, product, or
service provided by Vault Data Servers (“Services”). “Vault Data
Servers,” “we,” “us,” and “our” refer to Vault Data Servers LLC, an
Arizona limited liability company based in Scottsdale, Arizona. “You”
and “your” refer to the individual or entity using the Services.
By creating an account, signing an order, or otherwise using the
Services, you agree to these Terms. If you do not agree, do not use the
Services.
1. The Services
Vault Data Servers provides sovereign, self-hosted business software,
communication tools, hosting, infrastructure, and consulting services.
Specific features, deliverables, and pricing are described in your
applicable order, statement of work, or product signup screen (“Order”).
Where these Terms and an Order conflict, the Order controls for the
subject matter it addresses.
We may add, change, or remove features from time to time. We will not
materially reduce the core functionality you have paid for during your
then-current paid term without notice.
2. Accounts
To use most Services you must create an account. You are responsible
for:
- Providing accurate registration information and keeping it
current - Safeguarding your credentials, enabling two-factor authentication
where offered, and not sharing accounts - All activity under your account, including activity by your users,
employees, and contractors - Immediately notifying us of any suspected unauthorized access
You must be at least 18 years old or the age of majority in your
jurisdiction to create an account.
3. Acceptable use
You agree not to, and not to permit any user to:
- Violate any applicable law or regulation, including
telecommunications, spam, healthcare-privacy, or export laws - Send messages the recipient has not consented to receive, or
otherwise misuse the SMS or email features of the Services - Attempt to gain unauthorized access to the Services, other accounts,
or the underlying infrastructure - Reverse engineer, decompile, or attempt to derive source code
(except to the limited extent applicable law overrides this
restriction) - Interfere with, degrade, or overload the Services
(denial-of-service, resource exhaustion, etc.) - Upload malware, illegal content, or content that infringes any third
party’s rights - Resell, rebrand, or provide the Services to third parties without
written authorization
We may suspend or terminate accounts that violate these rules with or
without notice depending on severity.
4. Your content
You retain all rights to the data, files, records, forms, images, and
other content you or your users submit to the Services (“Customer
Content”). You grant Vault Data Servers a limited, non-exclusive,
royalty-free license to host, store, transmit, process, and display
Customer Content solely as needed to operate the Services for you and to
comply with law.
You are solely responsible for the accuracy, legality, and rights to
use your Customer Content. You represent that you have obtained all
consents required for us to process it, including patient consent,
employee consent, and marketing opt-ins where applicable.
5. Protected health
information
Where you use the Services to process protected health information
(“PHI”), you agree that Vault Data Servers acts as your Business
Associate as defined under HIPAA and that the parties will sign, or have
already signed, a Business Associate Agreement (“BAA”) governing that
relationship. In the absence of a signed BAA, you agree not to upload
PHI to the Services.
6. SMS and text messaging
Some Services send SMS text messages to end recipients you designate
(including your patients, customers, or staff). If you configure or use
the SMS features:
- You represent and warrant that every recipient has provided prior
express written consent to receive messages from you or from your
practice, as required by the Telephone Consumer Protection Act (“TCPA”)
and other applicable laws - You will honor STOP, UNSUBSCRIBE, and opt-out requests
immediately - You will not use the Services for content prohibited by carrier
rules (including SHAFT — sex, hate, alcohol, firearms, tobacco — as
defined by carrier policy) - You are responsible for any charges from SMS carriers passed through
by Vault Data Servers
Vault Data Servers may suspend messaging on any account we reasonably
believe is generating consumer complaints, being blocked by carriers, or
violating law.
7. Fees and payment
Fees are described in your Order or in-product pricing. Unless
otherwise stated:
- Fees are in United States Dollars and are due in advance for each
billing period - Late payments accrue interest at the lesser of 1.5% per month or the
maximum permitted by law - All amounts are exclusive of taxes; you are responsible for
applicable taxes other than taxes on our net income - Fees are non-refundable except where required by law or expressly
provided in an Order
We may change our fees on renewal by giving you at least 30 days’
notice before the renewal date.
8. Term and termination
These Terms apply for as long as you use the Services. Either party
may terminate for material breach if the breach is not cured within 30
days after written notice. We may terminate or suspend immediately for
non-payment, security threats, legal risk, or violations of Section
3.
On termination:
- Your access to the Services ends
- You may request an export of your Customer Content within 30 days of
termination, after which we may delete it (subject to retention required
by law) - Sections that by their nature should survive (including intellectual
property, disclaimers, limitations of liability, indemnification, and
governing law) survive termination
9. Intellectual property
Vault Data Servers and its licensors own all rights, title, and
interest in and to the Services, including all software, designs,
trademarks, and documentation. Except for the limited right to use the
Services described in these Terms, no rights are granted to you by
implication, estoppel, or otherwise.
10. Confidentiality
Each party will protect the other’s confidential information with the
same degree of care it uses for its own confidential information (and no
less than a reasonable degree of care), will use confidential
information only to perform under these Terms, and will disclose it only
to employees, contractors, and advisors who need to know it and are
bound by comparable obligations.
11. Warranties and disclaimers
Vault Data Servers will provide the Services with commercially
reasonable skill and care. EXCEPT AS EXPRESSLY STATED IN THESE
TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR SECURE.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VAULT DATA SERVERS
WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA,
ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED
ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER
THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VAULT DATA SERVERS’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS
ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO
THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE MONTHS PRECEDING
THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S.
DOLLARS.
13. Indemnification
You will defend, indemnify, and hold harmless Vault Data Servers and
its personnel from and against any third-party claims, damages,
liabilities, costs, and expenses (including reasonable attorneys’ fees)
arising out of or related to (a) your use of the Services, (b) your
Customer Content, (c) your violation of these Terms, (d) your violation
of applicable law (including TCPA, HIPAA, and consumer-protection laws),
or (e) your infringement of any third-party right.
14. Governing law and venue
These Terms are governed by the laws of the State of Arizona, United
States, without regard to conflict-of-laws principles. The exclusive
venue for any dispute arising out of or related to these Terms is the
state or federal courts located in Maricopa County, Arizona, and the
parties consent to personal jurisdiction there.
15. Changes to these Terms
We may update these Terms from time to time. Material changes will be
communicated by updating the “Last updated” date and, where appropriate,
by notice within the Services. Your continued use of the Services after
the changes take effect constitutes acceptance of the updated Terms.
16. Miscellaneous
- Assignment. You may not assign these Terms without
our prior written consent. We may assign these Terms to an affiliate or
in connection with a merger, acquisition, or sale of assets. - Force majeure. Neither party is liable for delays
caused by events beyond its reasonable control. - Notices. Notices to Vault Data Servers must be sent
to tjsims1@vaultdataservers.com. Notices to you may be sent to the email
on file for your account. - Entire agreement. These Terms, together with any
Order and any BAA between the parties, are the entire agreement between
us on the subject matter and supersede all prior agreements. - Severability. If any provision of these Terms is
held unenforceable, the remainder will remain in full force and
effect. - No waiver. Failure to enforce any provision is not
a waiver of the right to enforce it later.
17. Contact
Vault Data Servers Attn: Legal Scottsdale, Arizona, United States
Email: tjsims1@vaultdataservers.com Phone: +1 (480) 907-0700