Crypho Terms of Service

1. GENERAL

Crypho AS (“Crypho”) offers a cloud communications service (“Service”) that lets you communicate and share files over the internet. These Terms of Use (the “Agreement”) is a legal binding agreement between you the user (”You”) and Crypho. References to “we,” “our” and “us” refer to Crypho, while “you”, “your” and “user” refer to the user.

BY USING THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.

2. USER ACCOUNTS

To use the Service you need to set up a Crypho account. You may set up an individual free account (“Free Account) or a paid business account (“Paid Account”).

3. FREE ACCOUNT

Free Accounts are available for individuals only and not for business customers, organization, etc. The Free Account is provided free of charge with a limitation in capacity and features. Crypho reserves the right to apply other limitations on Free Accounts. A Free Account may be terminated by Crypho if it has been inactive for a period of six months or longer. A Free Account holder may upgrade to a Paid Account.

4. PAID ACCOUNT

A business or organization can create a Paid Business Account.

Paid Accounts are subscriptions paid as a monthly subscription, and will be billed periodically. The User’s credit card will be charged automatically when a subscription is renewed. All payments are up-front and non-refundable. The user can change his Subscription at any time.

5. LICENSE TO USE THE SERVICE

When a User has subscribed for an account in compliance with Crypho´s instructions, Crypho provides the User the right to use the Service.

The User shall only use the Service within the purpose and with the limitations and instructions provided by Crypho.

Crypho grants you a non-exclusive, non-transferable, non-sublicensable license to install and execute the Service only for the purpose of using the Service.

The Service and its structure, organization, source code and documentation contain trade secrets of Crypho. Crypho is the sole owner of the Service and the software utilized to provide the Service and all the related documentation.

The Service allows the User to share, send and exchange digital content with other people. By using the Service you acknowledge that Crypho has no knowledge of or control over any digital content sent through or used with the Service and Crypho can therefore not be held responsible or liable in any way neither for the use, content or storage of the said digital content.

The User may not make commercial use of the Service, including but not limited to selling or distributing the Software or Service to any third party.

6. UPGRADE AND DOWNGRADE

You can switch plans anytime for your Paid Account or switch to a Free Account. Crypho will not refund payments for the applicable term if you switch plans.

7. RENEWALS, CANCELLATION AND TERMINATION

Subscriptions on Paid Accounts are automatically renewed when the current subscription period ends. The User can at any time Cancel his Subscription. When the Subscription is Cancelled, the Subscription will not be renewed at the end of the Subscription period.

Crypho will downgrade the User’s Paid Account to a Free Account after the Subscription has ended.

Crypho has the right to Terminate the User’s User account if the User acts in a manner that is not compliant with this Agreement.

8. CHANGES IN CONTACT INFORMATION

The User shall notify Crypho about changes such as email address, credit card information and other matters of importance immediately by changing the account settings under the My Account page. The User is solely responsible for any costs that may occur from failure to update User information or by providing incorrect information.

9. COLLECTION OF USAGE INFORMATION

Crypho may collect information about system usage with the intention of improving the service. This includes statistics and performance metrics related to the software. This information is sent to Crypho and may be used by Crypho without restrictions. Crypho does not at any time have access to the contents of chat communication, messages or files shared in spaces. All of these are encrypted, and can only be accessed by members to which they are explicitly shared.

10. TERMS FOR BUSINESS ACCOUNTS

If you have elected to convert to a Business Account or if you have a Business Member Account (described below), then in addition to the other provisions of these terms, this section (“Special Terms for Business Accounts”) shall apply to your use of the Service.

A Business Account is setup by a Business Account Administrator (“Administrator”) who selects the Business Subscription Plan and adds Business Account Members (“Members”). The Administrator identifies Members of the Business Account by providing email addresses for each Member. As an Administrator, you are required to pay the fees for the use of your Business Account by all Members.

The Administrator maintains exclusive control over management over the Business Member Accounts. It is the Administrator’s sole responsibility to insure that the size of the Account Plan is increased or decreased as necessary. It is also the Business Account Administrator’s sole responsibility to add or remove Business Account Members from the Business Account.

As a Member, you acknowledge and agree that, since the Administrator maintains management control over Business Member Accounts, Crypho is not responsible for, and will not have any liability to you for, any actions taken by the Administrator with respect to your Business Member Account. As an Administrator, you acknowledge and agree that Members maintain control of how the Service is used and that Crypho is not responsible for, and will not have any liability to you for, any actions taken by a Member with respect to the Business Account or Member content or communications.

The Administrator can upgrade the Business Account Subscription at any time.

The Administrator can downgrade your Business Account to a Business Account with a limitations to spaces, traffic, data storage or members, and/or with a shorter Subscription Period. A downgrade will apply immediately.

The Administrator cannot access Member’s content unless explicitly shared with them. The Administrator has access to activity statistics for the Business Account. Such statistics does not contain any data about contents.

Users can only access content shared in conversations and groups they are a Member of.

The Administrator can terminate a Business Account at any time. Termination will downgrade all members to Free Accounts.

11. REQUIREMENTS TO USE THE SERVICE

To use the Service, you’ll need to have a compatible computer or mobile device with Internet access and a compatible web browser. You understand and agree that the Service may include certain communications from Crypho, such as service announcements and administrative messages, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. Crypho may also send you promotional offers and news about Crypho, but you can opt out from receiving those communications at any time.

The User is responsible for keeping passwords secure. The User is solely responsible and liable for any activity that occurs under his/her username. The User’s username and password is personal and may not be shared with any third party. If Users become aware of any misuse of their account, they must notify Crypho immediately.

Crypho is free to amended the User Terms at its own discretion. The amended terms will be valid and in force when the new terms are displayed at the Service page.

12. PASSWORD OR AUTHENTICATION TOKEN LOSS

Crypho does not hold the user passwords in its servers and key generation from passwords happens on the client only. In the event when a user forgets or loses access to his password, he will need to initiate a password reset. As a result he may lose access to conversations and groups he was a member of. On some occasions data loss will be inevitable and Crypho cannot assist in recovery. Crypho is not a backup and storage solution. Crypho is in no way responsible for data lost because of lost passwords or authentication tokens.

13. ACCEPTABLE USE AND CONDUCT

You may not resell accounts or any account features. The User cannot share their password with any third party and must store this in a safe manner.

You may not resell accounts or any account features. The User cannot share their password with any third party and must store this in a safe manner.

Crypho assumes no responsibility for what Users uploads and publishes on the Service. Crypho reserves the right to block access and use of the Service and / or Terminate the User account and content if the User in Crypho’s sole discretion violates this agreement.

14. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

UNDER NO CIRCUMSTANCES SHALL CRYPHO OR ITS SUPPLIERS, RESELLERS OR PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE SERVICES EVEN IF CRYPHO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF CRYPHO, AND ITS SUPPLIERS, RESELLERS AND PARTNERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO CRYPHO OVER THE LAST SIX (6) MONTHS FOR THE SOFTWARE OR SERVICE. IF THE SOFTWARE AND SERVICE ARE PROVIDED WITHOUT CHARGE, THEN CRYPHO AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CRYPHO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS. THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES. The User is solely responsible for the data stored and its content. Crypho is not responsible for any illegal data or data that was acquired in an illegal manner.

15. CHANGES TO THE SERVICE AND TERMS AND CONDITIONS

Crypho reserves the right to modify the terms and conditions of the Agreement and the Service upon renewal of the Agreement. Crypho also reserves the right to cancel, modify, suspend or terminate the Service, fully or on in part, after having notified the User via email at least 30 (thirty) days preceding the cancellation of Service. Crypho will post all changes to the Terms of Use on our website and notify all users by email. Crypho reserves the right to change the prices of running subscriptions. The new prices will be notified to the User via email. Changes will take effect 30 (thirty) days after notification.

16. MISCELLANEOUS

Crypho reserves the right to transfer this agreement to a third party. Crypho will give Users notification of such change.

This Agreement is governed by and construed in accordance with the laws of Norway. For any legal disputes arising out of this Agreement, jurisdiction falls to the Court of Tønsberg, Norway.

18. CUSTOMER SERVICE

For questions about the service, please contact customer service via email on support@crypho.com. Crypho will strive to answer all requests within a reasonable time frame.

19. CONTACT INFORMATION

Crypho AS org nr. 998 713 781 AS Email: support@crypho.com Address: Crypho AS, Øvre Langgate 40, NO-3110 Tønsberg, Norway. Phone: +47 95222898