Terms of Service
These Terms of Service (“Terms”) form a binding agreement between you and Vortex Sync (“Vortex Sync,” “we,” “us,” or “our”) and govern your access to and use of the Vortex Sync applications, websites, and related services (the “Service”). Please read them carefully. By accessing or using the Service, you agree to these Terms. Section 13 contains a binding arbitration agreement and a class-action waiver that affect your legal rights.
Contents
- Acceptance of These Terms
- Eligibility
- The Service & “Free for Now”
- Your Account & Security
- Your Content & License
- Acceptable Use
- Encryption & Your Responsibility
- Intellectual Property
- Third-Party Services
- Disclaimers
- Limitation of Liability
- Indemnification
- Governing Law & Dispute Resolution
- Suspension & Termination
- Changes to the Service or Terms
- Miscellaneous
- Contact
1. Acceptance of These Terms
By creating an account, downloading, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Acceptable Use Policy, which are incorporated by reference. If you do not agree, you may not use the Service.
2. Eligibility
You must be at least 13 years old (or the higher minimum age required in your jurisdiction) to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or legal guardian. By using the Service, you represent that you meet these requirements and that you are not barred from using the Service under applicable law.
3. The Service & “Free for Now”
Vortex Sync provides secure, real-time messaging across web and mobile platforms. The Service is currently offered free of charge. We reserve the right to introduce paid plans or features in the future; if we do, we will provide advance notice and you will not be charged for any paid feature without your express consent. “Free for now” does not create any obligation to provide the Service free of charge indefinitely.
4. Your Account & Security
You are responsible for safeguarding the device and credentials used to access the Service, including the cryptographic keys stored on your device. Because your private keys never leave your device, we cannot recover your message history or decrypt your content if you lose access to your keys. You agree to notify us promptly of any unauthorized use of your account. You are responsible for all activity that occurs under your account to the extent caused by your acts or omissions.
5. Your Content & License
You retain all rights in the messages, media, and other content you create or send through the Service (“Your Content”). Because Your Content is end-to-end encrypted, we do not access it. You grant us only the narrowly limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, and deliver Your Content (as opaque ciphertext) solely to operate and provide the Service to you and your intended recipients. This license ends when Your Content is deleted from our systems, except to the extent it has been shared with others or retention is required by law.
6. Acceptable Use
Your use of the Service must comply with our Acceptable Use Policy, which prohibits, among other things, unlawful activity, harassment, exploitation of minors, spam, malware distribution, and infringement of others’ rights. Violations may result in suspension or termination under Section 14.
7. Encryption & Your Responsibility
The Service uses end-to-end encryption so that only you and your intended recipients can read your communications. You are responsible for verifying the identity of those you communicate with and for the consequences of sharing content with them. We provide the cryptographic transport; we do not control what you choose to send or to whom.
8. Intellectual Property
The Service, including its software, design, logos, and trademarks, is owned by Vortex Sync and its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal or internal business purposes. You may not copy, modify, reverse engineer (except to the extent this restriction is prohibited by law), or create derivative works of the Service except as expressly permitted.
9. Third-Party Services
The Service may interoperate with third-party platforms (for example, mobile push-notification services or app stores). Your use of those services is governed by their own terms, and we are not responsible for them.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VORTEX SYNC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.
12. Indemnification
You agree to indemnify and hold harmless Vortex Sync and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your misuse of the Service, your violation of these Terms, or your violation of any rights of a third party.
13. Governing Law & Dispute Resolution
13.1 Governing law
These Terms are governed by the laws of the jurisdiction in which Vortex Sync is established, without regard to conflict-of-laws principles, except where mandatory consumer-protection laws of your country of residence provide otherwise.
13.2 Binding arbitration
To the extent permitted by applicable law, any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by final and binding individual arbitration, rather than in court, except that you may bring claims in small-claims court if they qualify.
13.3 Class-action waiver
To the extent permitted by law, you and Vortex Sync agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
13.4 Informal resolution & opt-out
Before initiating arbitration, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days. Where the law permits, you may opt out of the arbitration agreement within 30 days of first accepting these Terms by notifying us at that address.
14. Suspension & Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms or the Acceptable Use Policy, if required by law, or if necessary to protect the Service or other users. Upon termination, the licenses granted to you end, while provisions that by their nature should survive (including Sections 5, 8, 10–13, and 16) will survive.
15. Changes to the Service or Terms
We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we will update the “Last updated” date and provide reasonable notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
16. Miscellaneous
These Terms, together with the policies incorporated by reference, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries.
17. Contact
Questions about these Terms may be sent to [email protected].