3.1 Minimum Age Requirements

• Users must be at least 13 years old to use our Services
• Users in the European Union and United Kingdom must be at least 16 years old
• Users under 18 require parental or guardian consent
• Some jurisdictions may require higher minimum ages

3.2 Account Registration

• You must register using a valid Email address
• You are responsible for maintaining the security of your account
• You must provide accurate information during registration
• One account per person; multiple accounts are prohibited

3.3 Account Security

• You are solely responsible for maintaining the confidentiality of your login credentials
• You must immediately notify us of any unauthorized use of your account
• We cannot access your encrypted messages to recover lost data
• Account recovery options are limited due to our security design

4.1 End-to-End Encryption

• For premium license accounts messages and shared content are end-to-end encrypted and may be password encrypted on top.
• We cannot access, read, or decrypt your communications
• Your communications are private between you and your intended recipients
• Message history is stored locally on your devices, and between their delivery may be temporarily stored on our servers also.

4.2 Data Collection and Processing

We may or may not collect minimal data necessary to operate the Service:

4.3 Data Retention and Deletion

• Messages are queued temporarily on servers for delivery to offline devices
• Messages are deleted from servers once delivered
• We retain minimal technical data necessary for service operation
• You can delete your account and associated data at any time
• Account deletion is permanent and irreversible

4.4 GDPR Compliance

For users in the European Economic Area (EEA), UK, and Switzerland:

• We are the data controller for your personal information
• You have rights to access, rectify, erase, restrict, and port your data
• You have the right to withdraw consent and object to processing
• We process data based on consent, legitimate interests, and contractual necessity
• Data transfers outside the EEA are protected by appropriate safeguards
• Contact team@evercrypted.com to exercise your rights

4.5 International Data Transfers

• Data may be transferred to countries outside your jurisdiction
• We implement appropriate safeguards including encryption and contractual protections
• For EEA users, transfers comply with GDPR requirements

5.1 Permitted Uses

You may use Evercrypted only for lawful purposes and in accordance with these Terms.

5.2 Prohibited Activities

You agree not to:

• Use the Service for illegal activities or to promote illegal conduct
• Send spam, bulk messages, or unwanted communications
• Harass, threaten, or harm other users
• Impersonate others or create false identities
• Distribute malware, viruses, or harmful code
• Attempt to reverse engineer, hack, or compromise the Service
• Violate intellectual property rights
• Share content that is defamatory, obscene, or violates others' rights
• Use automated systems to access the Service without authorization
• Interfere with or disrupt the Service or other users' access

5.3 Content Standards

• You are solely responsible for content you share through the Service
• Content must comply with applicable laws and regulations
• We do not monitor content due to end-to-end or password-based encryption
• Users can report violations through in-app mechanisms

6.1 Our Rights

• We own all rights, title, and interest in the Service
• This includes trademarks, copyrights, patents, and trade secrets
• Our brand names, logos, and designs are protected intellectual property

6.2 Your Rights

• You retain ownership of content you share through the Service
• You must have necessary rights to share content with others
• You grant us a limited license to operate the Service and deliver your content

6.3 Third-Party Content

• You are responsible for respecting others' intellectual property rights
• We respond to valid copyright infringement notices
• Contact team@evercrypted.com for intellectual property concerns

7.1 Service Availability

• We strive to maintain continuous service availability
• The Service may be temporarily unavailable due to maintenance, updates, or technical issues
• We do not guarantee uninterrupted or error-free service
• Some features may vary by device, platform, or region
• We may in the future stop providing our service, if because of doing so we come across legal obstacles, legal obligations, or other risks.

7.2 Service Modifications

• We may modify, update, or discontinue features at any time
• We will provide reasonable notice of material changes when possible
• Continued use of the Service after changes constitutes acceptance

7.3 Software Updates

• You consent to automatic download and installation of updates
• Updates may be required to maintain security and functionality
• Failure to update may result in limited or discontinued service

8.1 Third-Party Integration

• The Service may integrate with third-party services (cloud storage, payment processors)
• Third-party services are governed by their own terms and privacy policies
• We are not responsible for third-party services or their data practices

8.2 Digital Markets Act Compliance (EU)

• We comply with Digital Markets Act requirements for interoperability
• Third-party messaging services may integrate with our platform in the future
• Such integrations will maintain our security and privacy standards

9.1 Premium Services

• Basic messaging services are provided free of charge
• Premium features may be available through paid subscriptions/licenses
• Subscription terms, pricing, and features are described on our website

9.2 Payment Terms

• Payments are processed through third-party payment providers
• Subscriptions may automatically renew unless cancelled
• Refunds are subject to our refund policy and applicable law
• You are responsible for applicable taxes and fees

9.3 Billing and Cancellation

• Billing may occur at the beginning of each subscription period
• You can cancel subscriptions through your device's app store or account settings
• Cancellation takes effect at the end of the current billing period
• No partial refunds for unused subscription time

10.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY.

10.2 Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR LIABILITY IS LIMITED TO €100 OR THE AMOUNT YOU PAID US IN THE LAST 12 MONTHS
• WE ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES
• WE ARE NOT LIABLE FOR DATA LOSS, PRIVACY BREACHES BY THIRD PARTIES, OR SERVICE INTERRUPTIONS
• SOME JURISDICTIONS DO NOT ALLOW LIABILITY LIMITATIONS

10.3 Emergency Services

• The Service does not provide access to emergency services
• Ensure you have alternative means to contact emergency services
• We are not responsible for inability to reach emergency services

11.1 Compliance with Laws

• You must use the Service in compliance with applicable laws
• We comply with applicable laws and regulations in jurisdictions where we operate

11.2 Law Enforcement Cooperation

• We may cooperate with law enforcement when legally required
• Due to end-to-end and password-based encryption, we cannot access encrypted message content
• We may provide non-content information when compelled by valid legal process
• We will publish transparency reports regarding government requests

11.3 Export Controls

• The Service may be subject to export control laws
• You are responsible for compliance with applicable export regulations
• Use of the Service in certain countries may be restricted

12.1 Termination by You

• You may terminate your account at any time through app settings
• Termination results in permanent deletion of your account and data
• Some information may be retained as required by law

12.2 Termination by Us

We may terminate or suspend your account if you:

• Violate these Terms or applicable laws
• Engage in conduct that harms the Service or other users
• Fail to pay applicable fees
• Upon legal requirement or to prevent legal liability

12.3 Effects of Termination

• Your right to use the Service immediately ceases
• We will delete your account data according to our retention policies
• Provisions regarding liability limitations and dispute resolution survive termination

13.1 Content Moderation

• We implement systems to detect and remove illegal content
• Users can report illegal content through emailing us at team@evercrypted.com
• We provide clear procedures for content removal appeals
• We publish annual transparency reports on content moderation

13.2 Risk Assessment and Mitigation

• We conduct regular risk assessments for systemic risks
• We implement measures to mitigate identified risks
• We cooperate with EU authorities on risk management

13.3 Complaints and Redress

• Users can file complaints about content moderation decisions
• We provide clear procedures for complaint handling
• External dispute resolution options are available

14.1 Governing Law

• These Terms are governed by Georgian law
• Disputes will be resolved in Georgian courts
• EU users may have additional rights under local law

14.2 Alternative Dispute Resolution

• We encourage resolution of disputes through direct communication
• Mediation and arbitration options may be available
• EU users have access to online dispute resolution platforms

14.3 Class Action Waiver

• Where permitted by law, you waive the right to participate in class actions
• Disputes must be resolved on an individual basis

15.1 Modification Rights

• We may update these Terms to reflect changes in our Service or applicable law
• Material changes will be communicated through the app or email
• Continued use after changes constitutes acceptance

15.2 Notice Period

• We provide at least 30 days' notice for material changes
• You may terminate your account if you disagree with changes
• Some changes may be required by law and take effect immediately

16.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

16.3 Assignment

We may assign these Terms; you may not assign without our consent.

16.4 Waiver

Failure to enforce any provision does not constitute a waiver.

16.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our control.