Terms of Service
Last updated: 2025-02-02
Welcome to Secret.Broker ("Company," "we," "us," "our"). By accessing or using our website and software-as-a-service ("SaaS") platform at https://Secret.Broker (the "Service"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree, please do not use the Service.
1. Acceptance of Terms
By accessing or using the Service, you confirm that you have read, understood, and agreed to these Terms. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
1.1. Age Restrictions
- You must be at least 13 years old to use this Service. By accessing or using the Service, you represent and warrant that you are at least 13.
- If you are between the ages of 13 and 16, or such other age of majority in your jurisdiction, you may be required to obtain permission from a parent or legal guardian where mandated by applicable laws.
- You are responsible for ensuring that your access or use of the Service is lawful in your place of residence.
2. Description of Service
Our Service provides secure encrypted sharing of secrets such as passwords, credit card information, API keys, or other confidential information you wish to share securely. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.
2.1. Service Modifications
We may update or enhance the Service from time to time. While we aim to maintain backward compatibility, we are not obligated to continue supporting legacy versions or features. Continued use after any modifications indicates your acceptance of the updated Service.
2.2. Right to Use & Scope of License
- License Grant. Subject to your continued compliance with these Terms, we grant you a worldwide, non-exclusive, non-transferable, revocable right (a "license") to access and use the Service for your internal business or personal purposes. No ownership rights are transferred.
- License Limitations. You may not sublicense, sell, rent, lease, distribute, or otherwise transfer the Service (or any part thereof) to any third party, and you must follow all usage restrictions we communicate.
- No Reverse Engineering. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service, except where such prohibition is restricted by law.
- No Unauthorized Access or Use. This license is granted solely for lawful use. You may not access or use any underlying source code or software in an unauthorized manner.
- Retention of Rights. Secret.Broker (and/or our licensors) retains all right, title, and interest in and to the Service, including all intellectual property rights.
2.3. License Transfer or Assignment
User licenses may not be assigned or transferred to any third party. Any attempt to do so is void. You remain responsible for all obligations under these Terms.
2.4. Anonymous Use
Some features may be available without requiring account creation. Anonymous users:
- May have restricted functionalities and usage quotas, subject to change at any time.
- Must comply with all Terms, including Acceptable Use and Prohibited Conduct.
- Acknowledge that technical or usage data (e.g., IP address) may still be collected.
- Are subject to the same liability and indemnification provisions as registered users.
- May register an account at any time to access additional features.
3. Account Registration & Security
- You must provide accurate, complete, and current registration information.
- You are responsible for maintaining the confidentiality of your account credentials.
- Notify us immediately of any unauthorized access or security breaches.
- Usernames must not infringe on trademarks or impersonate others, nor contain offensive language.
3.1. Additional User Obligations
You agree to:
- Maintain the necessary bandwidth, devices, and software to access the Service.
- Keep your account information accurate and up to date.
- Comply with all applicable laws and regulations.
- Use the Service solely for your internal business or personal purposes.
3.2. Responsibility for Authorized Users
Account owners are responsible for all actions taken by individuals using their credentials. We are not liable for misuse under your account.
3.3. Reporting Security Incidents
Promptly report any suspected security breaches or unauthorized account use. We reserve the right to investigate and take appropriate action, including notifying authorities if necessary.
4. Purchases, Subscription Plans & Payment
- Billing Information. You must provide valid billing information (e.g., credit card details, billing address).
- Representations & Data Sharing. By submitting payment information, you represent and warrant the legal right to use the payment method provided and consent that we may share this information with trusted third parties for processing.
- Payment Handling & Security. You authorize us to charge all subscription fees to your provided payment method.
- Failed Billing/Invoicing. If automatic billing fails, we will issue an invoice for the amount due. Non-payment may result in suspension of access.
- Renewals & Cancellations. Subscriptions automatically renew (monthly or annually, per your plan). You may cancel renewal via your account settings or by contacting support. Continued use after fee changes indicates acceptance of those changes.
- Fee Changes. We will provide reasonable prior notice of any subscription fee changes.
- Refund Policy. Refunds are granted solely at our discretion. In cases of fraud or abuse, refunds may be expressly disallowed.
- Partial or Pro-Rated Refunds. If you terminate your subscription before the end of a billing cycle, no pro-rated refund will be provided unless explicitly agreed to by us in writing.
5. Free Trial
- A Free Trial may be offered for a limited time, subject to change or cancellation at any time.
- You may be required to enter billing information when signing up for a Free Trial.
- No charges will be incurred during the Free Trial, but unless you cancel before it ends, you will be charged the subscription fee on the final day of the trial.
- We reserve the right to modify or cancel the Free Trial offer at any time without notice.
6. Availability, Errors & Inaccuracies
We reserve the right to modify pricing, correct errors, or update inaccurate information at any time without notice. While we strive to keep information current and accurate, we are not liable for any inaccuracies, omissions, or outdated content.
7. Acceptable Use, Prohibited Content & Conduct
7.1. Acceptable Use Policy
You agree not to use the Service to:
- Violate any laws or regulations.
- Transmit viruses or malicious code.
- Engage in unauthorized access or hacking.
- Infringe intellectual property rights.
- Share login credentials or abuse the Service.
- Distribute unlawful or harmful content.
Violations may result in immediate suspension or termination of your account.
7.2. Prohibited Content
You may not store, transmit, or distribute content that:
- Is illegal or violates any law, including content related to child exploitation, illicit drugs, or promotion of violence.
- Infringes intellectual property rights.
- Contains malware or destructive code.
- Is fraudulent, defamatory, obscene, harassing, threatening, or abusive.
7.3. Prohibited Conduct
- You may not access the Service without authorization or via stolen credentials.
- You may not send spam or unsolicited messages.
- You may not engage in unauthorized surveillance or monitoring.
- You may not use automated means to scrape data in a manner causing excessive load on our infrastructure.
- You may not attempt to circumvent security measures or test Service vulnerabilities without written consent.
7.3.1. Unauthorized Conduct
The following are explicitly deemed “unauthorized conduct” and may result in immediate suspension:
- Denial-of-service or similar attacks.
- Illicit hacking or exploiting Service data or systems.
- Fraud or misrepresentation.
- Violations of third-party rights or privacy.
- Any conduct posing a security risk or harming our network or other users.
7.4. Right to Investigate and Report
We may investigate suspected violations and share findings with law enforcement or relevant authorities when warranted.
8. Data Ownership
8.1. Your Data
"You Data" means data, information, or content you upload or store. You retain all ownership of Your Data, and we do not claim any ownership therein.
8.2. Derived Data
"Derived Data" refers to aggregated, anonymized, or transformed data that we create from Your Data, as well as analytics or insights. We own all rights in Derived Data.
8.3. Processing Your Data
By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to process and store Your Data as needed to provide the Service or as otherwise permitted by these Terms.
8.4. Data Responsibilities
- We comply with relevant data protection laws (e.g., GDPR, CCPA) and our Privacy Policy.
- You are responsible for the accuracy and legality of Your Data.
- You must ensure Your Data does not violate any law or regulation.
9. Feedback
If you submit comments or suggestions ("Feedback"), you:
- Grant us a worldwide, perpetual, irrevocable, royalty-free license to use or incorporate the Feedback into our offerings.
- Acknowledge we owe you no compensation for using the Feedback.
- Agree we may use any ideas or techniques disclosed in the Feedback for any lawful purpose.
10. Service Availability & Support
- Uptime. We aim for 99.5% uptime but do not guarantee it. We disclaim liability for downtime or interruptions, and no credits or refunds are provided for unavailability.
- Support. We offer email support ([email protected]) on a best-effort basis without a formal SLA or guaranteed response times.
- Service Modifications. We may update or change any aspect of the Service at our discretion.
10.1. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet outages, or other force majeure events.
11. Indemnification & Limitation of Liability
11.1. Indemnification
You agree to indemnify and hold Secret.Broker, its affiliates, officers, agents, employees, and partners harmless from any claims, liabilities, damages, or expenses (including attorneys’ fees) arising from:
- Your Data (including infringement or legal violations).
- Your use or misuse of the Service.
- Your breach of any representation, warranty, or obligation in these Terms.
11.2. Limitation of Liability
To the maximum extent permitted by applicable law:
- No Indirect Damages. We are not liable for any indirect, incidental, or consequential damages.
- Liability Cap. Our total liability is capped at the amount you paid in the six months preceding the event giving rise to the claim.
- Your Default. We are not liable for damages arising from your breach, misrepresentation, or misuse of the Service.
11.3. Disclaimer of Warranties
To the fullest extent permitted by law, the Service is provided on an “as is” and “as available” basis, without warranties of any kind (express or implied), including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee:
- That the Service will be uninterrupted, error-free, or completely secure.
- That any data will remain free from loss or corruption.
- That the Service will meet your specific requirements.
12. Termination & Suspension
We may suspend or terminate your access for violating these Terms, failing to pay fees, or if we believe your use threatens the Service or other users.
12.1. Immediate Suspension
We reserve the right to suspend your account immediately if:
- We suspect fraud or malicious activity.
- We detect unauthorized access or a security breach.
- You engage in any unauthorized conduct (see Section 7.3).
- You pose a security risk to the Service or other users.
- We are required by law or a governmental authority.
12.2. Termination for Convenience
We may terminate the Service or this agreement for convenience by giving you notice (typically 30 days). You may terminate at any time by contacting us or through your account settings.
12.3. Effect of Termination
- Your access to the Service ends.
- We may delete or destroy your data unless the law requires retention.
- You remain liable for any outstanding fees.
13. Third-Party Links & Disclaimer
Our Service may contain links to third-party sites or services not controlled by us. We assume no responsibility for the content, security, or practices of these external resources. Review all applicable terms and policies before engaging with third-party sites.
14. Privacy & Data Protection
Use of the Service is also governed by our Privacy Policy. By using the Service:
- You consent to the processing of personal data in accordance with applicable laws (e.g., GDPR, CCPA).
- You acknowledge that data may be transferred across borders for hosting or processing.
- You understand no system is 100% secure.
15. Subcontractors & Third-Party Processors
We may engage subcontractors or third-party providers (e.g., hosting, payment processors) to facilitate the Service. They are bound to protect user data and comply with privacy and security standards. We remain responsible for safeguarding your data in accordance with these Terms and applicable law.
16. Jurisdiction, Mediation & Arbitration
- Governing Law. These Terms are governed by the laws of South Africa.
- Negotiation & Mediation. Parties agree to attempt to resolve disputes first by direct negotiation, then through mediation under the Arbitration Foundation of Southern Africa (“AFSA”) rules if needed.
- Arbitration. If mediation fails, disputes will be arbitrated under AFSA’s expedited rules in Pretoria, in English. The parties will attempt to agree on a single arbitrator; otherwise, AFSA will appoint one.
- Jurisdiction. You consent to the Magistrate’s Court’s jurisdiction for any action we bring, though we may choose another court of competent jurisdiction.
16.1. Local Consumer Protection
Nothing in these Terms is intended to restrict any mandatory consumer protections or rights that cannot be waived under local law. If any disclaimers or limitations in these Terms conflict with your jurisdiction’s mandatory rules, they shall be interpreted to the greatest extent allowed, without depriving you of such statutory protections.
17. Security Disclaimer
We employ industry-standard security measures to protect data. However, no system is fully immune to breaches or failures. In the event of a security incident, we are not liable for any direct, indirect, incidental, or consequential damages arising from unauthorized access or data compromise.
18. Changes to These Terms
We may update these Terms periodically. If changes are significant, we will notify you by email or in-app notice. Continued use after changes become effective constitutes acceptance of the revised Terms.
19. Contact Information
If you have any questions about these Terms, please contact us at: [email protected]
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