Definitions
For the purposes of these terms of use (the “terms”):
- “Account” means a registered user account created to access and use the service.
- “Agreement” means the legally binding contract formed between you and Enkryptify under these terms.
- “Beta features” means experimental, pre-release or early-access features that are identified as beta, preview or similar.
- “Personal data” has the meaning given to it under the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
- “Service” means Enkryptify's website, platform, software, CLI tool, APIs, integrations, documentation and related services.
- “Subscription” means the paid or free plan under which the service is licenced to you.
- “User” or “you” means the individual or legal entity using the service.
Agreement to terms and formation of contract
These terms constitute a legally binding agreement between you and ENKRYPTIFY, a company incorporated under Belgian law, with registered offices at Jenny Tanghestraat 6 bus 307, 9050 Gent, Belgium (“Enkryptify”, “we”, “us”, “our”).
The agreement is concluded, and a contractual relationship comes into existence, at the earlier of:
- your creation of an account.
- your access to or use of the service.
By accessing or using the service, you confirm that you have read, understood and accepted these terms and our privacy policy, which forms an integral part of the agreement. If you do not agree, you must not use the service.
We may amend these terms from time to time. Updated terms will be published on our website and become effective upon publication, unless otherwise required by law. Continued use of the service constitutes acceptance of the revised terms.
Nature of the service
- Enkryptify provides software tools for securely finding, storing, managing and distributing application secrets (including API keys, access tokens, certificates, environment variables and configuration files) across multiple environments.
- The service may include integrations with third-party platforms (e.g., AWS, Google Cloud, GitHub), compliance tooling, and analytics services.
- The service is provided on a best-efforts basis. Enkryptify does not guarantee that the service will achieve any specific result or outcome, nor that it will be error-free or uninterrupted.
Beta features
The service, including all features (and in particular beta features), is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, to the maximum extent permitted by law.
Beta features are experimental, may be incomplete or unstable and may be modified or discontinued at any time without notice. Use of beta features is entirely at your own risk.
Eligibility
You must be at least eighteen (18) years old to use the service. If you use the service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to this agreement.
You are responsible for ensuring that your use of the service complies with all applicable laws and regulations, including export control and data protection laws.
Account registration and security
To access certain features, you must register an account and provide accurate, current, and complete information. You are solely responsible for safeguarding your account credentials and for all actions taken under your account. If you suspect unauthorised access, you must notify us immediately.
We will not be liable for any loss or damage arising from your failure to secure your account. You are responsible for configuring access controls and ensuring any data stored in the service is lawful.
Subscriptions, licences and business model
Subject to your compliance with these terms, Enkryptify grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to use the service during the term of your subscription, solely for your internal business purposes.
Subscriptions may be:
- user-based, usage-based or feature-based, as described at the time of purchase.
- offered on a free, trial or paid basis.
Specific limits, features, and pricing applicable to your subscription will be communicated via the service or a separate order form.
Payment terms and price changes
If you subscribe to a paid subscription:
- fees are payable in advance, unless stated otherwise.
- invoices are payable within fourteen (14) days of the invoice date.
- payments must be made using the payment methods supported by Enkryptify.
Enkryptify may adjust prices from time to time. Price changes will not apply retroactively and will take effect at the start of the next renewal term, following reasonable prior notice.
Failure to pay fees when due may result in suspension or termination of your account.
Duration and termination
The agreement is entered into for an initial fixed term corresponding to your subscription period and will automatically renew for successive periods of equal length, unless either party provides notice of termination before the end of the then-current term.
Either party may terminate the agreement:
- for convenience, in accordance with the notice requirements applicable to the subscription.
- immediately, in case of a material breach that is not cured within a reasonable period.
Upon termination, your right to access and use the service ceases immediately.
Data protection and GDPR
We process personal data in accordance with the General Data Protection Regulation (GDPR) and our privacy policy. We implement appropriate technical and organisational measures to protect the confidentiality, integrity and availability of personal data, including encryption at rest and in transit, regular system testing and restricted access controls.
We process personal data where:
- It is necessary for the performance of a contract or pre-contractual measures.
- It is required to comply with a legal obligation.
- It is necessary for our legitimate interests, balanced against your privacy rights.
- You have provided explicit consent, which may be withdrawn at any time.
By using the service, you confirm that you have informed all affected parties and obtained any necessary consents for the storage and processing of data through our systems.
Acceptable use
You agree not to:
- Store or transmit unlawful, harmful, defamatory, infringing or otherwise prohibited content.
- Attempt unauthorised access to systems, data or accounts.
- Interfere with or disrupt service performance or security.
- Reverse-engineer, decompile, or otherwise attempt to obtain the source code.
- Circumvent access controls or security mechanisms.
- Use the service to compete with us or develop a similar service.
We reserve the right to suspend or terminate your account for violations of this acceptable use clause.
Confidentiality
Each party may receive confidential or proprietary information of the other (“confidential information”).
You agree to:
- use confidential information solely for purposes of the agreement.
- not disclose it to third parties without prior written consent.
These obligations survive termination of the agreement.
Third-party services
Certain features may depend on integrations with third-party services (e.g., Google Cloud, AWS, GitHub). We are not responsible for their performance, security or compliance. Your use of those services is governed by their own terms.
Intellectual property
All intellectual property rights in the service, including but not limited to software, designs, trademarks, and content, belong to Enkryptify or its licensors. Subject to these terms, you are granted a limited, non-exclusive, non-transferable licence to access and use the service for your internal purposes. No rights are granted except as expressly stated in these terms.
User contributions and submissions
The service does not generally host public user content, but if you submit feedback, suggestions, or other materials (“contributions”), you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify and distribute them without restriction.
Any questions, comments, or feedback provided are deemed non-confidential and will become our exclusive property. You waive all moral rights to such submissions.
Force majeure
Enkryptify shall not be liable for failure or delay in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, cyberattacks, governmental actions or failures of infrastructure.
If performance becomes excessively burdensome due to unforeseeable circumstances, the parties shall negotiate in good faith to adapt the agreement.
Netting
You waive any right to set off amounts owed to Enkryptify against amounts allegedly owed by Enkryptify, to the extent permitted by law.
Limitation of liability
To the maximum extent permitted by law, Enkryptify shall not be liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data or goodwill, even if advised of the possibility of such damages. Our total liability for any claim shall not exceed the amount paid by you in the 12 months preceding the claim.
Indemnification
You agree to indemnify and hold harmless Enkryptify, its affiliates and its personnel against claims, damages, liabilities and expenses arising from your use of the service, breach of these terms or violation of third-party rights.
Governing law and jurisdiction
These terms are governed by Belgian law. The courts of Belgium have exclusive jurisdiction.
Entire agreement
These terms and the privacy policy constitute the entire agreement between you and Enkryptify and supersede all prior agreements, whether oral or written.