Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and [CONTROLLER NAME, a U.S. legal entity — TBD] (“Sefaly”, “we”, “us”), the company that provides the Sefaly service at sefaly.com (the “Service”). The Service is a quantum-safe, end-to-end encrypted cloud storage product. By creating an account or using the Service you agree to these Terms and to our Privacy Policy.

You must be at least 13 years old (or 16 in the EEA, or any higher age required in your jurisdiction) to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or legal guardian. By creating an account you represent that you meet these requirements.

You are responsible for keeping your account credentials secure. You agree to use a strong, unique password and to notify us promptly if you suspect your account has been accessed without your authorisation.

Important: because the Service is end-to-end encrypted, your password is the only key that can unlock your encrypted private key, which in turn is the only key that can decrypt your files. We have no way to recover your password and no way to access your files without it. If you lose your password, your stored files will become permanently inaccessible. We strongly recommend using a password manager.

Files you upload to the Service (“Your Stuff”) remain yours. We do not claim any ownership over Your Stuff. You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, transmit, and operate on the encrypted form of Your Stuff solely for the purpose of providing the Service to you. This licence ends when you delete Your Stuff or delete your account.

Because Your Stuff is end-to-end encrypted in your browser before it reaches our servers, we have no technical means to read, analyse, or share its contents. We can produce ciphertext blobs and account metadata in response to a valid legal request, but we cannot decrypt Your Stuff for any party.

You are solely responsible for Your Stuff and for ensuring that uploading and storing it does not violate any applicable law, agreement, or third-party right.

You agree that you will not, and will not allow any third party to:

• Use the Service to store, transmit, or distribute material that you do not have the right to store or distribute, or that infringes any third party’s intellectual property, privacy, or other rights.
• Use the Service to store or transmit content that is illegal where you live or where the Service is operated, including child sexual abuse material, content used to plan violent crimes, or content otherwise prohibited by law.
• Reverse engineer, attempt to derive unencrypted file contents from server-held ciphertext, or otherwise probe the cryptographic boundary of the Service except as part of good-faith security research conducted through a responsible disclosure channel we publish.
• Attempt to gain unauthorised access to other accounts, the Service’s underlying systems, or any third-party systems through the Service.
• Interfere with or disrupt the Service, including by overwhelming our servers, bypassing rate limits, or abusing storage quotas.
• Resell, sublicence, or commercially redistribute access to the Service without our prior written consent.
• Use the Service to send unsolicited communications, malware, or any content prohibited by applicable anti-spam law.

Because we cannot inspect Your Stuff, we enforce these rules reactively. Account-level signals (storage abuse, billing abuse, verified law-enforcement reports, abuse complaints with sufficient metadata to identify a violating account) are the primary basis for action.

The Service offers a Free tier and paid tiers (Pro, Pro Plus) with the storage limits and prices shown on the pricing page. Paid plans are billed monthly in advance to the payment method on file. Prices are listed in U.S. dollars. Taxes, where applicable, are added at checkout.

Renewals. Paid subscriptions automatically renew at the end of each monthly billing period at the then-current price unless you cancel before the renewal date.

Cancellation. You may cancel a paid plan at any time from your Account settings. Cancellation takes effect at the end of the current billing period; you keep access to paid features through that date and will not be charged again. We do not offer prorated refunds for partial periods, except where required by law.

Failed payments. If a payment fails, we will retry on a reasonable schedule and may downgrade the account to the Free tier (or restrict uploads if Free-tier capacity is exceeded) until payment is restored. We will not delete your data for failed payment alone.

Price changes. We may change subscription prices. We will give you at least 30 days’ notice before a price change takes effect, and the change will not apply to a billing period you have already paid for.

You may stop using the Service at any time by signing out and cancelling any paid subscription. To remove all your data, use the “Delete account” control in Account settings. Account deletion is permanent and irreversible — we cannot recover deleted data because we have no means to decrypt it outside of your active session.

We may suspend or terminate your account if:

• You materially violate these Terms or use the Service in a way that creates legal risk for us or other users.
• A payment for a paid subscription fails repeatedly and remains unresolved.
• We are required to do so by law or by a valid legal order.
• We discontinue the Service entirely, in which case we will provide reasonable advance notice and a window for you to retrieve your data.

Where practical we will give you notice and a chance to cure before terminating. We may suspend immediately without prior notice for serious abuse or where required to comply with law.

We work to keep the Service operational and to preserve the integrity of Your Stuff, but we do not guarantee uninterrupted availability. We may release new features, modify existing features, or discontinue features without prior notice. We will give reasonable notice before discontinuing the entire Service.

We and our licensors retain all rights in the Service itself — our software, design, branding, documentation, and the cryptographic protocol implementations. These Terms do not grant you any right in our intellectual property except the limited right to use the Service per these Terms.

If you submit feedback, ideas, or suggestions about the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use them without obligation to you.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THAT ANY DATA WILL NEVER BE LOST, AND WE STRONGLY RECOMMEND THAT YOU MAINTAIN YOUR OWN BACKUPS OF FILES YOU CONSIDER IMPORTANT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN WHICH CASE THOSE EXCLUSIONS DO NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100), OR (B) THE AMOUNT YOU HAVE PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limits apply even if a remedy fails of its essential purpose. They do not apply to liabilities that cannot be limited under applicable law (such as gross negligence, wilful misconduct, fraud, or, in some jurisdictions, death or personal injury). Some jurisdictions do not allow the exclusion or limitation of liability for certain damages — in those jurisdictions, our liability is limited to the smallest extent permitted.

You agree to defend, indemnify, and hold harmless Sefaly, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service in violation of these Terms or applicable law.
• Your Stuff, including any claim that Your Stuff infringes a third party’s rights or violates any law.
• Your breach of any representation, warranty, or covenant in these Terms.
• Your acts or omissions that cause harm to another user or to a third party.

We will provide reasonable notice of any claim subject to this indemnity and reasonable cooperation in the defence at your expense. You will not settle any claim without our prior written consent if the settlement requires us to admit liability or take any action.

If you live in the United States, please read this section carefully. It affects your legal rights.

Agreement to arbitrate. You and Sefaly agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may bring an individual action in small-claims court for disputes that qualify. The arbitrator’s decision will be final and may be entered as a judgment in any court of competent jurisdiction.

Class-action waiver. You and Sefaly each agree that any Dispute will be brought only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

Opt-out. You may opt out of this arbitration agreement by emailing legal@sefaly.com within 30 days of first accepting these Terms, with the subject line “Arbitration opt-out”. If you opt out, section 14 (this section) will not apply to you, but the rest of these Terms will remain in effect.

Exceptions. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or to prevent unauthorised access to or use of the Service.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. For Disputes not subject to arbitration under section 14 (or for users who have opted out), the parties consent to exclusive jurisdiction and venue in the state and federal courts located in New Castle County, Delaware. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

We may update these Terms from time to time. We will give at least 30 days’ notice before material changes take effect, by email or in-app notice, except where urgent changes are required by law. Continued use of the Service after the change takes effect constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you may delete your account before they take effect.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Sefaly regarding the Service.
• Severability. If any provision is found unenforceable, the remaining provisions stay in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a corporate transaction (merger, acquisition, sale of assets).
• No agency. Nothing in these Terms creates a partnership, agency, employment, or fiduciary relationship.
• Notices. Notices to you may be sent to the email on file. Notices to us must be sent to legal@sefaly.com and to the postal address in our Privacy Policy.