Terms of Service

1. Acceptance of Terms

By accessing or using Killswitch (the "Service"), operated by Elixir Mentor LLC ("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. Service Disclaimer

We recommend maintaining external backups of critical files as part of good data management practices.

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
• Conduct active security testing — penetration testing, vulnerability scanning, fuzzing, or similar — against the Service without an active paid subscription. Killswitch does not operate a paid bug bounty program. Reports paired with payment demands or coercive language will be treated as extortion attempts. Critical issues discovered through ordinary use may be reported to hello@killswitch.app regardless of subscription status — see our Acceptable Use Policy for details.

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:

• Plans are billed either monthly or annually (1, 2, or 3 years), at your election
• Subscriptions automatically renew unless canceled
• You authorize recurring charges to your payment method
• Prices may change with 30 days notice
• Annual plans include a 30-day money-back guarantee for new subscribers (full refund of the annual charge if requested within 30 days of the charge); refunds outside this window are provided at our discretion
• Monthly plans cancel at the end of the current billing period; no prorated refunds are issued for monthly subscriptions
• The Starter plan additionally includes a 7-day free trial; you may cancel during the trial without being charged

12.1 Always-Fires Guarantee

Once a deadman switch has been configured with at least one item and at least one beneficiary, it will trigger on the schedule you set, regardless of whether your subscription is active at the time of triggering. This guarantee applies even if:

• Your subscription has been cancelled or expired
• A scheduled payment has failed or your payment method has been removed
• Your account has been in read-only mode for an extended period

Subscription status gates the ability to upload new files, edit existing content, and create or modify deadman switches. Subscription status does not gate the firing of switches that you previously configured. This is a contractual commitment intended to ensure that your beneficiaries receive the materials you set aside for them, even in circumstances where you are unable to maintain a billing relationship with us.

12.2 Subscription Cancellation

When you cancel your subscription:

• You retain full access to your account and files until the end of your current billing period
• After your subscription expires, your account becomes read-only
• In read-only mode, you can log in, view and download your existing files, delete content, and check in to your existing deadman switches via email or SMS reminder links
• You cannot upload new files, edit existing content, or create or modify deadman switches in read-only mode
• Your existing deadman switches continue to fire on schedule under our Always-Fires Guarantee (§12.1)
• Your encrypted files remain stored on our servers as long as required to support any active deadman switch you have configured (see §12.3 for retention rules for accounts without an active switch)
• You can resubscribe at any time to restore full access; existing files and switches remain in place
• No refunds are provided for partial monthly billing periods

12.3 Account Deletion vs. Cancellation

Cancellation and deletion are different:

• Cancellation stops future billing but preserves your data and lets your existing deadman switches continue to fire
• Deletion permanently removes your account and all associated files
• If your account has at least one healthy active deadman switch (a switch with both items and beneficiaries configured), your account and its data will be retained indefinitely so the switch can fulfill its purpose, regardless of subscription status — unless you explicitly request deletion
• If your account has no healthy active deadman switch and your subscription has been inactive for an extended period (currently 90 days, subject to change with notice), your account and all associated data may be automatically and permanently deleted
• We will send warning emails before any automatic deletion to give you the opportunity to resubscribe, configure a deadman switch, or export your data
• You may explicitly request immediate deletion of your account or any individual file at any time, in Settings. User-initiated deletion is always honored, even when an active deadman switch is configured. Deleting an account or files that a deadman switch was configured to deliver will prevent that switch from delivering those items to its beneficiaries when it fires

13. Data Retention and Deletion

13.1 Automatic Account Deletion

Accounts that meet all of the following criteria may be automatically deleted to free storage and reduce our compliance footprint:

• The account has had no active subscription for an extended period (currently 90 consecutive days, subject to change with notice)
• The account has no healthy active deadman switch (i.e., no switch configured with both items and beneficiaries)

Additional details:

• Accounts with a healthy active deadman switch are retained indefinitely so the switch can fulfill its purpose under our Always-Fires Guarantee (§12.1), regardless of subscription status. This protection applies only to automatic deletion; you may still explicitly delete your account or individual files at any time
• Warning emails are sent before any automatic deletion to give you time to resubscribe, configure a switch, or export your data
• You can prevent automatic deletion at any time by resubscribing or by configuring a deadman switch with at least one item and one beneficiary
• Automatic deletion permanently removes your account and all associated data, including encrypted files, notes, deadman switches, and beneficiary configurations

13.2 Data Removal

Upon account deletion (automatic or manual):

• Encrypted files are promptly deleted from our storage servers
• We retain minimal metadata for legal compliance (audit logs, billing records)
• Backups may retain data for up to 90 days after deletion
• Due to our zero-knowledge encryption architecture, deleted data cannot be recovered by anyone, including Killswitch

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