Terms of Service

1. Acceptance of Terms

By accessing or using Killswitch ("Service", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Beta Software Disclaimer

DO NOT rely on Killswitch as your only backup solution during the beta period. Maintain external backups of all important files.

3. Encryption Architecture

You acknowledge and agree that:

• You are solely responsible for maintaining and safeguarding your password
• You understand that password loss results in permanent data loss
• We have no liability for data loss due to forgotten or lost passwords
• Recovery codes only restore account access, NOT file decryption capability
• Sharing files or configuring Deadman Switches grants us the authority to provide access links to your designated recipients

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE ARE NOT LIABLE FOR DATA LOSS, ENCRYPTION FAILURES, OR UNAUTHORIZED ACCESS TO DATA
• WE ARE NOT LIABLE FOR DAMAGES ARISING FROM SERVICE INTERRUPTIONS, DOWNTIME, OR UNAVAILABILITY
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM

5. User Responsibilities

You are responsible for:

• Creating and maintaining a strong, unique password
• Storing your password securely (password manager, physical storage)
• Saving and protecting your recovery codes
• Maintaining external backups of critical files
• All activity under your account
• Ensuring uploaded content is legal and does not violate third-party rights
• Complying with all applicable laws and regulations

6. Deadman Switch Disclaimers

By configuring a Deadman Switch, you delegate authority to Killswitch to send access links to your beneficiaries on your behalf when the switch triggers. You understand and agree:

• We make no guarantee that access links will be delivered to beneficiaries at the specified time
• Email delivery to beneficiaries may fail due to spam filters, incorrect addresses, or technical issues
• We are not responsible for beneficiaries' inability to access files via the provided links
• Check-in reminders may be delayed or not delivered
• System failures may prevent proper execution of Deadman Switch triggers
• You are responsible for verifying beneficiary contact information is correct
• Access links sent to beneficiaries can be configured to expire
• We recommend testing the feature with non-critical files first

7. File Sharing Risks

When you share a file, you delegate authority to Killswitch to provide access links to your designated recipients. You understand and agree:

• You are responsible for verifying recipient identities before sharing
• Shared files may be downloaded, saved, and redistributed by recipients once accessed
• Share links may be intercepted or accessed by unintended parties
• We are not liable for unauthorized access to shared files
• You should only share files you are legally authorized to distribute
• Share links can be configured to expire and can be revoked at any time

8. Acceptable Use Policy

You may NOT use the Service to:

• Store or distribute illegal content (child exploitation material, terrorist content, etc.)
• Store or distribute malware, viruses, or malicious code
• Violate intellectual property rights of others
• Harass, threaten, or harm others
• Conduct illegal activities or facilitate crime
• Distribute spam or unsolicited commercial content
• Attempt to breach security measures or access others' accounts
• Reverse engineer, decompile, or hack the Service
• Use automated tools to access the Service without authorization

Violation of the Acceptable Use Policy may result in immediate account termination without refund.

9. Encryption Effectiveness

While we use industry-standard encryption (AES-256-GCM, PBKDF2):

• No encryption system is completely unbreakable
• Advances in computing (quantum computers) may weaken encryption over time
• Implementation bugs may compromise encryption effectiveness
• Weak passwords reduce encryption security
• We make no warranty that encryption will prevent unauthorized access in all circumstances

10. Service Availability

We do not guarantee:

• Uninterrupted service availability (uptime)
• Error-free operation
• Timely bug fixes or feature updates
• Continued operation of any specific feature
• Data availability during maintenance periods

We reserve the right to suspend, modify, or discontinue the Service at any time with or without notice.

11. Account Termination

We may terminate or suspend your account:

• For violation of these Terms
• For illegal activity or prohibited content
• For non-payment of subscription fees
• At our discretion with or without cause

Upon termination, your access to the Service and encrypted files will be lost. You are responsible for downloading your files before termination.

12. Subscription and Billing

Regarding paid subscriptions:

• Subscriptions automatically renew unless canceled
• You authorize recurring charges to your payment method
• Prices may change with 30 days notice
• Refunds are provided at our discretion (30-day money-back guarantee for new subscribers)
• Cancellation stops future billing but does not refund prior charges
• Beta users receive free access during the beta period only

13. Data Retention and Deletion

Upon account deletion or termination:

• Encrypted files will be deleted from our servers within 30 days
• We retain minimal metadata for legal compliance (audit logs, billing records)
• Backups may retain data for up to 90 days
• Deleted data cannot be recovered

14. Indemnification

You agree to indemnify and hold harmless Killswitch, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of third-party rights
• Content you upload or share through the Service

15. Dispute Resolution

Any disputes arising from these Terms or use of the Service shall be resolved through:

• Good faith negotiation between parties
• If negotiation fails, binding arbitration under the American Arbitration Association rules
• Arbitration shall be conducted in the state of Utah
• You waive the right to participate in class action lawsuits

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to conflict of law principles.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Contact Information

For questions about these Terms, contact us at:

Email: hello@killswitch.app