diff --git a/TERMS_OF_SERVICE.md b/TERMS_OF_SERVICE.md new file mode 100644 index 00000000..93a85759 --- /dev/null +++ b/TERMS_OF_SERVICE.md @@ -0,0 +1,133 @@ +# Terms of Service + +###### Effective date: January 1st, 2026 + +These Terms of Service ("Terms") for SecureFolderFS ("we", "us", or "our") govern your use of the SecureFolderFS application and any related services (collectively, the "App" or "Services"), which include our desktop and mobile applications (the "Application", "SecureFolderFS", also, "App", or "Services"). + +By using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services. + +## Description of the Services + +SecureFolderFS is a data encryption application that allows users to create, manage, and access encrypted vaults on their devices. +- Encryption and decryption operations are performed within the App +- We do not have access to your encrypted files, passwords, or recovery keys +- SecureFolderFS is not a data recovery service + +## Eligibility + +You must be legally capable of entering into a binding agreement under the laws of your jurisdiction to use the App. + +## Limited Responsibility + +You acknowledge and agree that: +- You are solely responsible for: + - maintaining the confidentiality of passwords, keys, and authentication methods + - creating and maintaining backups of your encrypted data +- Loss of credentials and recovery keys may result in irreversible data loss +- We cannot restore or bypass encryption under any circumstances + +## Privacy and Data Protection + +Your use of the Services is governed by our Privacy Policy. By using the App, you acknowledge that we process technical data as described therein. + +Zero-Knowledge Architecture: SecureFolderFS is designed as a "zero-knowledge" application. We do not have the technical capability to access your encrypted data, passwords, or recovery keys. Consequently, we do not act as a data controller or data processor, within the meaning of the GDPR, with respect to the encrypted files you store within SecureFolderFS, as we never possess or have access to that data. + +Any processing of technical or diagnostic data is performed on the basis of our legitimate interest in maintaining and improving the reliability and security of the Services, as further described in the Privacy Policy. + +## Consumer Rights & Dispute Resolution (EEA, European Economic Area) + +If you are a consumer residing in the European Union: +- Statutory Warranties: Nothing in these Terms affects your legal rights regarding faulty or misdescribed goods or services. +- Online Dispute Resolution (ODR): The European Commission provides a platform for online dispute resolution, available at: https://ec.europa.eu/consumers/odr. + +## Limitation of Liability + +To the maximum extent permitted by applicable law: +- We shall not be liable for any: + - data loss or corruption; + - loss of access due to forgotten credentials; + - security incidents caused by user actions or third-party software; + - indirect, incidental, special, or consequential damages. +- Our total liability shall not exceed the amount paid by you for the App or Services, if any. + +## Governing Law + +These Terms are regulated by the laws of the Republic of Poland. For consumers, this choice of law does not deprive you of the protection afforded by provisions that cannot be derogated from by agreement under the laws of your country of residence. + +## Open-Source License + +SecureFolderFS is distributed as open-source software under one or more open-source licenses published in the project repository. + +These Terms do not override or replace any applicable open-source licenses governing the source code. In the event of a conflict, the applicable open-source license takes precedence with respect to the source code. + +## Third-Party Storage Providers + +SecureFolderFS may allow you to connect to third-party or virtual storage providers, including but not limited to: +- cloud storage services (e.g., Google Drive, OneDrive), +- network or remote storage (through e.g., FTP, WebDAV) + +You acknowledge and agree that: +- These providers are independent third parties. +- We do not control and are not responsible for: + - their availability + - their security practices + - data loss, corruption, or service interruptions +- Your use of such providers is governed by their respective terms and policies + +## Name, Branding, and Attribution + +“SecureFolderFS”, its name, logos, icons, and branding are identifiers associated with the SecureFolderFS Project. + +You may not: +- distribute modified versions of the application under the name "SecureFolderFS", +- present forks or derivative works as official or endorsed by the SecureFolderFS Project, +- use SecureFolderFS branding in a way that causes confusion as to origin or affiliation + +Forks and derivative works must: +- use a distinct name +- clearly indicate they are not affiliated with or endorsed by the SecureFolderFS Project + +Nothing in these Terms restricts rights granted by the applicable open-source license; this section governs branding, attribution, and representation, not the source code itself. + +## Acceptable Use + +You agree not to: +- use the Services for unlawful purposes, +- attempt to circumvent security mechanisms, +- misrepresent modified builds as official releases, +- imply endorsement by the SecureFolderFS Project where none exists. + +## Third-Party Services + +Certain features may rely on third-party platforms or operating system services (such as biometric authentication, system key stores, or diagnostic tooling). + +We do not control and are not responsible for the availability, security, or behavior of third-party services. Their use is governed by their respective terms and policies. + +## No Warranty + +The Services are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express or implied, including but not limited to: +- merchantability, +- fitness for a particular purpose, +- security guarantees, +- uninterrupted availability. + +We do not guarantee that the Services will be error-free, uninterrupted, or suitable for your specific needs. + +## Modifications to the Services and Terms + +We may update or modify: +- the Services, +- features or functionality, +- these Terms. + +Material changes will be reflected by updating the effective date. Continued use of the Services constitutes acceptance of the updated Terms. + +## Termination + +You may stop using the Services at any time. + +We may suspend or terminate access to any hosted or optional services if you materially violate these Terms. Termination does not affect your locally encrypted data. + +## Severability + +If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.