Terms and conditions

PLEASE READ ALL THE TERMS OF THIS DOCUMENT CAREFULLY BEFORE USING SECRECY SOLUTION. BY CLICKING ON THE «ACCEPT» BUTTON AND USING THE SOLUTION, YOU ACKNOWLEDGE, AS A LICENSEE, THAT YOU HAVE ACCEPTED ALL OF THE PROVISIONS OF THE CONTRACT

YOU WARRANT THAT YOU HAVE FULL LEGAL CAPACITY TO COMMIT, AND IF YOU CONCLUDE THE CONTRACT IN THE NAME AND ON BEHALF OF A LEGAL ENTITY, HAVE THE CAPACITY OR POWERS NECESSARY TO COMMIT SAID ENTITY

IF YOU DO NOT HAVE THIS CAPACITY OR SUCH POWERS, OR IF YOU DO NOT ACCEPT ALL OF THE PROVISIONS OF THE CONTRACT, YOU ARE NOT AUTHORIZED TO USE THE SOLUTION.

What is the scope of these terms?

By using the Secrecy website and making use of Secrecy Send and Secrecy Cloud services offered by Anonymize («the Company»), you are agreeing to be bound by the following Terms and Conditions.

By using the Secrecy website and making use of Secrecy Send and Secrecy Cloud services offered by Anonymize («the Company»), you are agreeing to be bound by the following Terms and Conditions.

These terms are binding and apply to any use of the services, website by you and anyone who you allow to access your data or our services. By using our services, you and they irrevocably agree to these terms. If you do not like these terms or don’t want to be bound, you can’t use our services.

What should you know before using our services?

Before using Secrecy, it is under the user’s responsibility to be aware of all its characteristics, as well as the applicable Terms Conditions, in particular the conditions of use, and to validate that these conditions correspond to his / her needs, taking into account in particular its activities and its risk analysis.

The user must have an Internet connection to access the Service, and remains solely responsible for his / her Internet connection, in particular for its availability, reliability and security.

What is your responsibility regarding the data ?

Secrecy has no control over the data stored and used by the user as part of the Service. The company Anonymize cannot be held responsible, in any capacity whatsoever, including jointly and severally, for the Customer’s Content, and for the use made of it within the framework of the Service, in particular transmission, distribution to Internet users, collection, operation, updating, etc.

We can only warn the Customer about the legal consequences that could result from illegal activities carried out on or from the Service. If the Customer uses the Services in order to make communication services available to the public allowing the recipients of these Services to store, access or broadcast to the public, in particular on the Internet, signals, writings, images, sounds or messages of any kind, it must be considered as a host within the meaning of article 6.I.2 of the law on Confidence in the Digital Economy of June 21, 2004.

As such it belongs (a) in application of article 6.II of the aforementioned law, to hold and keep all the data likely to allow the identification of anyone who has contributed to the creation of the content or one of the content of the services of which he is a provider for a period of 12 months, without Secrecy being held liable in this regard; and (b) in application of Article 6.I.7 of the said law, to put in place an easily accessible and visible device allowing any person to bring to his or her attention any offense constituting an apology for a crime against humanity, incitement to racial hatred, child pornography, incitement to violence, as well as an attack on human dignity, or even illegal gambling activities. The Customer must also appear as a host in the legal notices indicated by his co-contractors who publish a website.

How should you consider your user data?

If you allow others to access your data (e.g. by giving them a link to, and a key to decrypt, that data), in addition to them accepting these terms, you are responsible for their actions and omissions while they are using our services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms.

You should keep your password and Recovery Key safe and confidential. You must not share your password with anyone else and should not release encryption keys to anyone else unless you wish them to have access to your data. If you lose or misplace your password, you will permanently lose access to your data.

Encryption won’t help though if someone has full access to your system or device. We strongly urge you to use best practices for ensuring the safety and security of your system and devices (e.g. via unique passwords, security upgrades, firewall protection, anti-virus software, securing and encrypting your devices).

Encryption won’t help though if someone has full access to your system or device. We strongly urge you to use best practices for ensuring the safety and security of your system and devices (e.g. via unique passwords, security upgrades, firewall protection, anti-virus software, securing and encrypting your devices).

What are our measures to avoid computer attacks?

Secrecy implements protection against computer attacks. Our authentication process relies on a specific process which prevents any computer attacks.

The process is the following. We request a phone number the first time you connect.

If the phone number is already in use, we can offer the person to use it anyway to sign an account (and send a notification to the first account which will have to revalidate the phone number during the next tentative of connexion). Thus, everyone can use the service and we guarantee to have one account refering to one phone number.

Who is allowed to use our services?

This Service is provided exclusively to individuals who are at least 15 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account.

This Service is provided exclusively to persons. Accounts registered by “bots” or automated methods are not authorized. The only way to control the access on our side will be limited to CAPTCHA or similar. Each user is solely responsible for all of his or her messages sent through the Service.

What is the user conduct?

You agree to not use this Service for any unlawful or prohibited activities. You also agree to not disrupt Safe By Secrecy networks and servers.

You further agree to not use Safe By Secrecy to send Spam, junk mail, bulk emails or mailing list emails that contain persons that have not specifically agreed to be included on that list.

Any account found to be sending the aforementioned type of emails will be immediately excluded.

For the purpose of these Terms and Conditions, Spam shall refer to irrelevant or unsolicited messages sent over the internet, typically to large numbers of users, for the purposes of advertising, phishing, spreading malware or virus («Spam»).

Having multiple free accounts is not an acceptable use of the service.

The Company reserves the right to take any action against any free account which it considers abusive in that regard (such is the case notably of bulk sign-ups or a large number of accounts created by a single organization, individual, or specific IP adress).

Trading or selling a Safe By Secrecy account to a third party is prohibited and the Company reserves the right to suspend infringing accounts.

We may also terminate accounts which are being used for illegal activity, particularly in response to court orders from the competent authorities informing us of such illegal activity.

The Company has no obligation to store or forward the contents of terminated accounts. We also have no obligation to store messages for accounts that are over their storage quotas. Due to the encrypted nature of the Service, you acknowledge that the Company has no ability or obligation to recover your data if you misplace your decryption password.

Although it is not the current practice, we reserve the right to suspend or delete accounts that are inactive for over 12 months.

How can you terminate your account?

You are entitled to cease using our Services at any time and for any reason without notice to us, but you will continue to be associated to our Services until you cancel your account by logging in or contacting us. Our duty is to keep our Service as safe and well maintained as possible. To this end, we may need to terminate accounts for violations of these Terms. In the following circumstances we will provide notice to you prior to termination of your account: (a) you are in breach of these Terms; or (b) you are using our Services in a way that can cause or has caused a risk of harm or loss to either Secrecy or our other customers.

In such an event our notice will be via email. If you do not remedy the outstanding causes of our termination notice in these circumstances, then we will terminate your account.

What happens in case of “force Majeure”?

We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, sanitary crisis, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host.

We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, sanitary crisis, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host.

What are our warranties?

The Company cannot make any warranty about the reliability of the Service or guarantee the security of user data despite best efforts.

The Service is provided “as is” and you agree to not hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.

Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Service or an exploitation loss.

We may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion, terminate service without cause or notice.

Can we stop the services?

We can decide anytime to stop the services without sharing any justification to the users or notification. The current version, a Beta, is a version whose aim is to test the potential of our services.

You commit to not seek indemnification in case of the occurrence of such an event.

What is the Service Level Agreement (SLA)?

For Safe By Secrecy users, the Company aims to provide Service availability of 95% of time or better based on the commitments presented by OVH. Please refer to the documentation produced by the company for further details.

If downtime in any one month exceeds 5% of that month, the Company will plan a crisis committee to define the best applicable solutions and define the compensations to be applied.

Some performance issues are excluded from downtime calculations, such as:

  • Issues caused by factors outside of the Company’s reasonable control.
  • Issues that resulted from any actions or inaction by a user or a third-party.
  • Issues that resulted from the user’s equipment and/or third-party equipment (not within the primary control of the Company). For the avoidance of any doubt, the Company does not provide any internet or network services and any performance issues related to that type of services shall be deemed not in the primary control of the Company.
  • Issues that arise from the Company’s suspension or termination of rights to use the Service in accordance with our Terms of Service.
  • Downtime caused by reasonable scheduled maintenance that is announced in advance.

We undertake to ensure that your encryption and decryption operations will not be rejected as a result of the unavailability of the Secrecy.

What are the conditions of service?

Safe by Secrecy provides you with Technical Support in French or English, which is accessible during Business Hours (9:00 am to 6:00 pm) at this email address:

  • email address: technical@secrecy.me
  • For feedbacks regarding the Beta version, use : contact@secrecy.me

Can we send operational emails?

We may send operational emails including but not limited to account activity emails, and service updates.

Who must be contacted for indemnification purposes?

You agree that the Company, and any parents, subsidiaries, officers, employees, or third party contractors cannot be held responsible for any third party claim, demand, or damages, including reasonable attorneys’ fees, arising out of your use of this Service.

What is our Privacy Policy about?

Our Privacy Policy explains the way we handle and protect your personal data and privacy in relation to your use of the Service and your browsing of secrecy.me. By agreeing to the present Terms and Conditions and to be able to use the Service, you also agree to our Privacy Policy. To the extent that Safe By Secrecy processes any personal data that is subject to the EU General Data Protection Regulation (GDPR).

What is the limitation of liability?

In no event shall Safe by Secrecy be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content for any lost profits or for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever. Basically, we are not liable.

What are the terms of payment?

Due to its nature, the current Beta version of Safe by Secrecy is totally free and doesn’t include any paid service.

What are the intellectual property rights?

Please be aware of intellectual property rights.

You may display and copy, download or print portions of the material from the different areas of the Services proposed by our Company only for your own non-commercial use.

You are not allowed to, and you can’t let anyone else (including in particular any user within a business account of which you are administrator), use, copy, alter, distribute, display, licence, modify or reproduce, reverse assemble, reverse compile, communicate, share, transmit or otherwise make available, (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever), any of our code, content, copyright materials, intellectual property or other rights without getting our permission in writing, other than in order to use our services as intended or as allowed under any open source licences under which we use intellectual property provided by others.

The open source code that we use, where we obtained it, and licences for that code, are all referenced on our website. Any other use is strictly prohibited and may violate copyright, trademark and other laws.

These Terms do not grant you a license to use any trademark of Anonymize. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

Can we change these terms of service?

Within the limits of applicable law, the Company reserves the right to review and change this agreement at any time. We can change these terms at any time by providing you at least 1 day prior notice of the change, whether via our website by sending you an email or via any messaging service we provide. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after such changes shall constitute your consent to such changes.

Which law are these terms related to?

This Agreement shall be governed in all respects by the substantive laws of France. Any controversy, claim, or dispute arising out of or relating to the Agreement shall be subject to the jurisdiction of the competent courts locally (Paris).

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