Terms of Service
These Terms of Service ("Terms") cover two different things: (a) this marketing/documentation website, and (b) the managed encrypted1on1 Cloud offering, once it launches — the only case where the Operator actually operates infrastructure and a real contractual relationship exists. They do not cover self-hosted deployments: an organization self-hosting encrypted1on1 is running its own copy of open-source software under the AGPLv3 license, and is itself solely responsible for whatever terms it sets with its own employees. Throughout these Terms, "the Operator", "we", and "us" refer to the individual or entity operating the encrypted1on1 Cloud service and this website — no separate company has been incorporated as of this writing, and these Terms remain in effect regardless.
1. Acceptance of terms
By using this website, or by creating or using an encrypted1on1 Cloud account once that service is available, you agree to be bound by these Terms. If you don’t agree, don’t use the site or the Cloud service.
2. The software vs. the service
The encrypted1on1 software itself is open source, licensed under AGPLv3, and its use is governed entirely by that license — not by these Terms. These Terms apply only to your use of this website and, separately, to the Cloud service, a hosted product governed by these Terms and (for paying customers) a Data Processing Agreement covering the data the Operator processes on your behalf.
3. Account terms
Once the Cloud service is available, any individual or organization may create an account, subject to these Terms. You’re responsible for the accuracy of the information you provide and for keeping your account credentials confidential. The Operator may suspend or terminate an account for: a material breach of these Terms; use of the service for an unlawful purpose or to cause harm; non-payment (see Section 4); or where required by law. Where practical, the Operator will give notice before suspension rather than acting without warning.
4. Subscription & billing
Paid Cloud tiers (Plus, Enterprise) are billed monthly in advance, in euros, via the payment processor in place at the time (to be named here once Cloud billing launches). If a payment fails, the Operator will attempt to notify you and allow a reasonable grace period before suspending the account; suspension for non-payment doesn’t delete your data (see Section 7). Fees already paid are non-refundable except where required by applicable law. If your usage exceeds your plan’s limits (user count, history retention), the Operator will notify you rather than silently deleting data or content; continued use above the limit may require upgrading to a higher tier.
5. Data ownership
You own your data. The Operator, as Cloud operator, cannot read 1:1 content by design — stated explicitly here, not just in the Privacy Policy — and claims no ownership over anything you or your organization store using the service.
6. Service availability
The Operator aims to keep the Cloud service reliably available but does not commit to a specific uptime guarantee for the Free or Plus tiers. A formal SLA is available for the Enterprise tier, negotiated and specified in a separate written agreement with that customer. Where practical, planned maintenance that may cause downtime will be announced in advance.
7. Termination
You may close your Cloud account at any time. The Operator may terminate an account under the conditions described in Section 3. On termination (by either party), you have 30 days from the effective date to export your data before it is deleted from the Operator’s systems; after that window, deletion is permanent.
8. Limitation of liability
To the maximum extent permitted by applicable law, the Operator’s total liability arising out of or relating to the Cloud service is limited to the amount you paid in the 12 months preceding the claim, and the Operator is not liable for indirect, incidental, or consequential damages. Nothing in these Terms limits liability that cannot be limited under applicable law. The self-hosted software is provided "as is", without warranty, exactly as stated in the AGPLv3 license itself — this section concerns the Cloud service only.
9. Changes to these terms
The Operator may update these Terms from time to time. For material changes, you’ll be given at least 30 days’ notice — by email to the address on your account and/or a notice on this site — before the change takes effect. Continuing to use the site or the Cloud service after that date means you accept the updated Terms.
10. Governing law / jurisdiction
These Terms are governed by the laws of Latvia, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Cloud service is subject to the exclusive jurisdiction of the courts of Latvia.