Legal Agreement

Terms of Service

Effective Date: December 6, 2025Last Updated: December 6, 2025
Section 1

Acceptance of Terms

By creating an account, accessing, or using the services provided by EnclavePass ("Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

Section 2

The Service (Zero-Knowledge Architecture)

2.1 Description

EnclavePass provides a secure, client-side encrypted vault for storing sensitive data. The Service operates on a "Zero-Knowledge" basis, meaning:

  • Encryption and decryption occur exclusively on your device.
  • We do not possess the keys required to decrypt your data.
  • We cannot access, view, or recover your stored content.

2.2 Beta/Early Access

If you are accessing a Beta version of the Service, you acknowledge that the Service may contain bugs, errors, or other defects. We make no warranties regarding the stability or reliability of Beta features.

Section 3

User Responsibilities (Critical)

3.1 Password & Recovery Key Management

You are solely responsible for maintaining the confidentiality of your Master Password and your Emergency Kit (PDF Recovery Key).

WARNING: BECAUSE OF OUR ZERO-KNOWLEDGE ARCHITECTURE, WE CANNOT RESET YOUR PASSWORD. IF YOU LOSE YOUR MASTER PASSWORD AND YOUR EMERGENCY KIT, YOUR DATA WILL BE PERMANENTLY LOST. ENCLAVEPASS SHALL NOT BE LIABLE FOR ANY DATA LOSS RESULTING FROM YOUR FAILURE TO SECURE YOUR CREDENTIALS.

3.2 Account Security

You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to your account.

Section 4

Acceptable Use Policy

While we cannot view the contents of your vault, you agree not to use the Service to store, transmit, or manage:

Illegal Content

Any material that violates the laws of your jurisdiction or the European Union (e.g., CSAM, terrorist content).

Malware

Viruses, worms, or malicious code.

Intellectual Property Infringement

Unauthorized storage of copyrighted material or trade secrets not belonging to you.

Violation Policy

We reserve the right to terminate your account immediately and without notice if we find evidence (via metadata, traffic analysis, or legal reporting) that you are using the Service for illegal activities.

Section 5

Subscription & Payments

5.1 Fees

Some features of the Service are paid ("Premium"). By subscribing, you agree to pay the fees indicated at the time of purchase. Payments are processed by our third-party provider, Stripe.

5.2 Cancellation

You may cancel your subscription at any time via the Dashboard. Your Premium access will continue until the end of the current billing cycle.

5.3 Refunds

Due to the digital nature of the Service, all fees are non-refundable, except where required by EU consumer protection law (e.g., the 14-day right of withdrawal for new digital services, provided you have not significantly utilized the service).

Section 6

Intellectual Property

6.1 Our IP

The EnclavePass interface, logo, code, and design are owned by EnclavePass and are protected by copyright and trademark laws.

6.2 Your Data

You retain full ownership of all data stored in your vault. We claim no intellectual property rights over the material you provide to the Service.

Section 7

Termination

7.1 By You

You may terminate your account at any time by using the "Delete Account" feature in the Settings dashboard. This action is irreversible and will permanently delete your encrypted data.

7.2 By Us

We may suspend or terminate your access to the Service at our sole discretion, immediately and without notice, if you breach these Terms.

Section 8

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

No Liability for Data Loss

ENCLAVEPASS SHALL NOT BE LIABLE FOR ANY LOSS OF DATA CAUSED BY USER ERROR, LOST PASSWORDS, LOST EMERGENCY KITS, OR FAILURE TO MAINTAIN BACKUPS.

No Consequential Damages

IN NO EVENT SHALL ENCLAVEPASS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE.

Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Section 9

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Section 10

Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you via email or a prominent notice on the Dashboard. Continued use of the Service after such changes constitutes your acceptance of the new Terms.

Section 11

Indemnification

You agree to indemnify and hold harmless EnclavePass, its officers, directors, and employees from any claims, damages, liabilities, and expenses (including legal fees) arising out of your use of the Service or your violation of these Terms.

Section 12

Governing Law & Dispute Resolution

12.1 Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising from these Terms shall be resolved through binding arbitration in Frankfurt, Germany, except that you may assert claims in small claims court if your claims qualify.

Section 13

Contact Information

If you have any questions about these Terms, please contact us at:

EnclavePass Legal Team

legal@enclavepass.com