TERMS AND CONDITIONS

By using this site and making use of Cryptee (or Crypt.ee), a service offered by Svartlab OÜ (the "Company" or "We") through the crypt.ee website, you agree to abide by the following Terms and Conditions for use. These Terms and Conditions cover all present and future features offered by your Cryptee account, individually and collectively referred to as the "Service".

If you’re agreeing to these Terms and Conditions on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms and Conditions on that organization or entity’s behalf and bind them to these Terms and Conditions (in which case, the references to “you” and “your” in these Terms and Conditions, except for in this sentence, refer to that organization or entity). You hereby certify you are legally permitted to use the Service, and take full responsibility for the selection, access, and use of the Service.

USERS OF THE SERVICE

This Service is provided exclusively to individuals who are at least 16 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account. This Service is provided exclusively to persons. Accounts registered by “bots” or automated methods are not authorized and will be terminated. Each user is solely responsible for all of their data stored using the Service.

USE OF THE SERVICE

By using this Service, you agree to not use this Service for any unlawful or prohibited activities. You also agree to not disrupt the Service networks and servers.

We may also terminate accounts which are being used for illegal activity, particularly in response to court orders from the competent authorities informing us of such illegal activity. We have no obligation to store or forward the contents of terminated accounts.

We also have no obligation to store data for accounts that are over their storage quotas or accounts that have delayed, missed or interrupted payments.

We reserve the right to suspend or delete unpaid/free accounts that are over their storage quotas after displaying the account owners warnings in the app and providing 30 days to download their data, unless the account is in violation of our terms of service in some other way, in which case we reserve the right to suspend or delete the account immediately without providing a grace period, warnings, or notification.

We reserve the right to suspend or delete unpaid/free accounts after 6 months of inactivity.

We’re always trying to improve the Service, so it may change over time. We may suspend or discontinue any part of the Service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. We will try to give you notice (if we have a way of contacting you) when we make a material change to the Service that would adversely affect you, but this isn’t always practical or possible due to the nature of the Service. While it is not the current practice, similarly, we reserve the right to remove any account or data from the Service at any time, for reasons including, but not limited to ones listed in this Terms and Conditions, in our sole discretion, and without notice.

Due to the encrypted nature of the Service, you acknowledge that the Company has no ability to decrypt your data, or the obligation to recover your data if you misplace/forget your encryption key or passwords to access to your account.

LIMITED WARRANTIES AND LIABILITY

The Company does not make any warranty about the reliability of the Service and does not guarantee the security of user data despite best efforts. The Service is provided “as is” and you agree to not hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance. Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Service. We may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion, terminate service without cause or notice.

INDEMNIFICATION

You agree that the Company, and any parents, subsidiaries, officers, employees, or third party contractors cannot be held responsible for any third party claim, demand, or damages, including reasonable attorneys' fees, arising out of your use of this Service.

PRIVACY

You also agree to our Privacy Policy which can be found here.

TERMS OF PAYMENT

Since you are able to try out and use all features of the Service for free, we do not offer refunds. However if you are having issues, please get in touch and we will help you as best we can.

Therefore, due to their nature, the paid Services provided by the Company are generally non-refundable and any refunds or credits given will be at the sole discretion of the Company. Paid accounts which are terminated due to a violation of these Terms and Conditions will incur the loss of all payments and credits and are not eligible for refund. If the Company chooses to issue a refund for any reason, the Company is only obligated to refund in the original currency of payment. If you request a credit balance to be converted between different currencies which the Company supports, the Company has discretion over the exchange rate applied.

We have the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card or paypal account etc. Such cases may be further referred to the competent authorities. You authorize the Company to charge the payment method supplied on a monthly or annually re-occurring basis. Credit balances will also automatically be deducted on a monthly or annual basis. You are responsible for keeping payment information up to date. Paid accounts that become delinquent may be suspended or eventually deleted after an extended period of delinquency.

By subscribing to one of the monthly plans, you agree to pay Company the monthly subscription fees indicated for that plan. Payments will be charged on a pre-pay basis on the day you sign up for a plan and will cover the use of the Services for a monthly or yearly subscription period as indicated.

Unless you cancel your subscription before the end of the applicable subscription period, your subscription will automatically renew and you authorize the payment processor (Stripe/Paddle) to collect the then-applicable monthly subscription fee (as well as any taxes) using the payment method the payment processor (Stripe/Paddle) has on record for you. Subscriptions can be canceled at any time in your account settings.

If you subscribed to a paid plan before Feb 21, 2021:

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries related to your payment & order, and handles refunds/returns.

If you subscribed to a paid plan after Feb 21, 2021:

Our order process is conducted by Stripe.com. Cryptee provides all customer service inquiries related to your payment & order, and handles refunds/returns.

EU CONSUMER POLICY EXCEPTIONS TO TERMS OF PAYMENT

If you are a consumer based in the EU, you have the right to cancel this agreement within fourteen (14) calendar days of the date on which you started first paying for the services provided by the Company, without giving any reason. To exercise your right to cancellation, you must notify Company's customer support via helpdesk or via email using the address : support {at} crypt [dot] ee.

To meet the fourteen (14) calendar day deadline provided above, it is sufficient for you to send your notification concerning the exercise of the right to cancel before the cancellation period has expired.

If you haven't used storage space in the excess of what's generously offered within Company's free service plans on any given calendar day during these fourteen (14) calendar days, if you cancel this agreement, we will reimburse to you all payments received from you, using the same means of payment used for the initial transaction.

If you have used storage space in the excess of what's generously offered within Company's free service plans on any given calendar day during these fourteen (14) calendar days, if you cancel this agreement, your reimbursement may be pro-rated in the amount of the fees applicable to the services provided by the Company, any reimbursements or credits given will be at the sole discretion of the Company.

MODIFICATIONS TO TERMS OF SERVICE

Within the limits of applicable law, the Company reserves the right to review and change this agreement at any time. You are responsible for regularly reviewing these Terms and Conditions.

Continued use of the Service after such changes shall constitute your consent to such changes. We may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion, terminate service without cause or notice.

APPLICABLE LAW

This Agreement shall be governed in all respects by the substantive laws of Estonia. The exclusive jurisdiction to resolve any controversy, claim or dispute arising out of or relating to the Agreement is the Harju County Court in Tallinn Estonia.