Terms of Service

Effective Date: 2025 May 3

These Terms of Service (“Terms”) govern your access to and use of Company’s online hosting service and any related web portals or APIs (the “Service”). By registering for or using the Service, you agree to these Terms.

1. Accounts

1. Registration. You must provide accurate information when creating an account.
2. Credentials. You are responsible for safeguarding your password, your cryptographic keys and any API keys.

2. Service Description

Company provides encrypted data storage and retrieval services. You upload data encrypted with keys you control; Company cannot decrypt your data.

3. Permitted Use

1. You may use the Service to store and manage your own encrypted content.
2. You will comply with all applicable laws and will not use the Service to store or transmit illegal content.

4. Prohibited Activities

• Upload, store, or share content that is unlawful, infringing, defamatory, obscene, or harassing.
• Attempt to bypass encryption or gain unauthorized access to any data.
• Interfere with Service security, performance, or availability.

5. Fees and Payment

1. Billing. You agree to pay all fees in accordance with the applicable price list.
2. Late Payments. Past-due amounts may incur interest up to the maximum permitted by law.
3. Refunds. Any refund policy will be posted separately or agreed in writing.

6. Data Loss & Encryption

1. You alone control encryption keys and are solely responsible for key management and backups.
2. Company disclaims any liability for lost keys or data you cannot decrypt.

7. Intellectual Property

All Service software, trademarks, and documentation remain Company’s property. This TOS does not grant you any rights to Company’s intellectual property, except as expressly stated.

8. Termination and Suspension

1. By You. You may cancel your account at any time.
2. By Company. We may suspend or terminate accounts for violations of these Terms or for unlawful activity.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS-IS,” “AS-AVAILABLE.” COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID IN THE 12 MONTHS PRIOR TO THE CLAIM. COMPANY IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11. Indemnification

You agree to indemnify and hold harmless Company, its officers, and employees from any claims or losses arising from your use of the Service or your breach of these Terms.

12. Governing Law & Dispute Resolution

These Terms are governed by New York law. All disputes shall be resolved in the state or federal courts in New York County, New York.

13. Changes to Terms

Company may modify these Terms by posting updated Terms on our website. Continued use after changes constitutes acceptance.

14. Entire Agreement

These Terms, together with any documents they incorporate by reference (e.g., Privacy Policy), constitute the complete agreement between you and Company regarding the Service.

Contact Information

ne43, Inc.
max@ne43.com