Encrypt.me Terms of Service

Your responsibilities

Encrypt.me is a powerful tool; please use it for good, not evil. There are some things you shouldn’t do with Encrypt.me. You shouldn’t:

Send spam emails
Spam the usenet, message boards, blog comments, etc.
Steal other people’s intellectual property or violate intellectual property laws
Attempt to gain unauthorized access to other devices or networks
Try to exploit our “share for rewards” programs
Open too many accounts for yourself, or open only one account for too many people.
Execute any other abusive activities, determined at our sole discretion

If we discover that you’re doing any of these things, we may decide to disable your account. In the very rare case that we decide to do this, we’ll notify you, and we’ll be crystal clear about why we’ve done so.

Refunds

If you’re unhappy with Encrypt.me for any reason, please email us and let us know.

If you’ve purchased service through our website, we will happily refund your most recent payment, within 30 days of purchase.

If you’ve purchased service directly through one of the Encrypt.me apps, we are (unfortunately) unable to directly refund your purchase. Please get in touch with iTunes Support and request a refund through them — they are the only people who can provide this refund.

Automatic Renewal

If you signed up for an automatically renewing subscription, at the end of each term your subscription will automatically renew and you will be automatically charged the then-current renewal price for the subscription. You may cancel autorenewal of your subscription any time by following the cancellation procedures set forth at help.encrypt.me.

Binding Arbitration and Class Action Waiver

You and we agree that all disputes and claims between you and us shall be settled by binding arbitration instead of in courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, any dispute, claim or controversy arising out of or relating in any way to the Services, our software, our website, the Terms or any aspect of the relationship between you and us. You agree that, by agreeing to the Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of these Terms and the termination of your account.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be addressed to: Encrypt.me, ATTN: Legal Department, 700 S. Flower St., Suite 1500 Los Angeles, CA 90017, USA (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. You may download or copy a form Notice and a form to initiate arbitration at www.jams.com. If you are required to pay a filing fee, after we receive notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000.

The arbitration will be governed by the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Expedited Arbitration Procedures (collectively, “JAMS Rules”) of JAMS, as modified by the Terms, and will be administered by JAMS. JAMS Rules and Forms are available online at www.jamsadr.com. The arbitrator is bound by the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless you and we agree otherwise, any arbitration hearings will take place by video or telephone conference. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Agreement.

We may make a written settlement offer anytime before an arbitrator is selected. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by JAMS Rules.

Legal requests

We are subject to federal, state, and local laws and we will absolutely uphold them.

Should it ever become necessary to respond to a legal request, we will do so. We will always strive to both protect our users and uphold the law of the land.

There are some important things to keep in mind about this. First, we would only respond to a legally binding request. This means that the request would have to come from a United States federal, state, or local authority. Second, our data collection and retention policies are quite specific; in practice, there is likely to be little or no valuable data that we could share with law enforcement.

We have a separate page that details our DMCA policies; mostly, that page is for the benefit of big media companies who might want to lodge a complaint against us. But if you’ve read this far, you might also find it interesting.