Terms of Service

Last Updated: May 12, 2025

1. Introduction

Welcome to Zixt Secure Messaging ("Zixt," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Zixt Secure Messaging platform, including any mobile applications, websites, software, and services provided by Zixt (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. Please read these Terms carefully before using the Service.

2. Eligibility

To use the Service, you must be at least 16 years old and capable of forming a binding contract with Zixt. By using the Service, you represent and warrant that you meet these eligibility requirements.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, "you" and "your" will refer to both you as an individual and the organization.

3. Account Registration and Security

To use certain features of the Service, you may need to create an account. When registering for an account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account or any other security breach

We recommend enabling multi-factor authentication (MFA) to enhance your account security. You understand that the security of your account is critical due to the encrypted nature of communications within the Service.

4. Cryptographic Keys and Security

The Service uses advanced cryptographic technologies, including post-quantum cryptography, to secure your communications. You understand and acknowledge that:

  • Your private keys are encrypted with your password and stored on our servers
  • If you lose your password and have not enabled account recovery options, your encrypted data may be permanently inaccessible
  • You are responsible for maintaining the security of your authentication credentials
  • Session keys used for message encryption are managed by the system to enable secure communications between users

You agree not to attempt to circumvent, disable, or otherwise interfere with the cryptographic security features of the Service.

5. User Content and Conduct

You retain ownership of any content you create, upload, or share through the Service ("User Content"). By using the Service, you grant us a limited license to store, transmit, and process your User Content solely for the purpose of providing the Service.

You are solely responsible for your User Content and agree not to use the Service to:

  • Violate any applicable law, regulation, or the legal rights of others
  • Send spam, unsolicited messages, or engage in phishing attempts
  • Distribute malware, viruses, or other harmful computer code
  • Harass, abuse, or harm another person or group
  • Promote illegal activities or self-harm
  • Impersonate another person or entity
  • Interfere with or disrupt the Service or servers connected to the Service
  • Attempt to gain unauthorized access to the Service or other user accounts
  • Exploit the Service for any unauthorized commercial purpose

We reserve the right to remove any User Content that violates these Terms or that we determine is harmful, offensive, or otherwise inappropriate, although due to the encrypted nature of communications, our ability to monitor content is limited.

6. Distributed Hash Table and Federated Network

The Service may utilize a Distributed Hash Table (DHT) architecture for federated networking. By using the Service, you acknowledge and agree that:

  • Your encrypted messages and related metadata may be relayed through multiple servers in the federated network
  • Federation servers may be operated by third parties, each with their own terms of service
  • Network performance and message delivery might be affected by the distributed nature of the system
  • Participating nodes in the DHT network follow a specific protocol for communication and data storage

While we make reasonable efforts to ensure the security and reliability of the federated network, we cannot guarantee the behavior of all participating servers.

7. Blockchain Integration

The Service uses blockchain technology for message verification and integrity. You understand and agree that:

  • Certain metadata related to your messages may be recorded on a private blockchain
  • Blockchain records are designed for immutability and may persist even if messages are deleted
  • Blockchain data is used to verify message authenticity and detect tampering
  • The blockchain consensus mechanism may introduce slight delays in message verification

The blockchain implementation is designed to enhance security without compromising privacy. However, you acknowledge the technical limitations and implications of blockchain technology in the context of a messaging service.

8. Intellectual Property Rights

The Service and its contents, features, and functionality, including but not limited to all information, software, code, text, graphics, logos, images, and audio/video materials, are owned by Zixt or its licensors and are protected by intellectual property laws.

These Terms do not grant you any right, title, or interest in the Service or our intellectual property. You may not reproduce, modify, create derivative works from, display, perform, distribute, sell, or license any part of the Service without our prior written consent.

If you provide feedback, ideas, or suggestions regarding the Service ("Feedback"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use the Feedback for any purpose without compensation to you.

9. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose information about you in connection with your use of the Service. By using the Service, you agree to the collection, use, and disclosure of your information as described in our Privacy Policy.

10. Third-Party Services

The Service may contain links to third-party websites, applications, or services that are not owned or controlled by Zixt. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
  • ANY ERRORS OR DEFECTS WILL BE CORRECTED
  • THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS

WHILE WE EMPLOY ADVANCED CRYPTOGRAPHIC TECHNOLOGIES, INCLUDING POST-QUANTUM CRYPTOGRAPHY, TO SECURE YOUR COMMUNICATIONS, WE MAKE NO WARRANTIES REGARDING THE ABSOLUTE SECURITY OR CONFIDENTIALITY OF THE SERVICE. NO SECURITY SYSTEM IS IMPENETRABLE, AND WE CANNOT GUARANTEE THAT THE SERVICE WILL BE IMMUNE TO ALL SECURITY BREACHES OR THAT YOUR COMMUNICATIONS WILL REMAIN ABSOLUTELY PRIVATE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZIXT, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
  • ANY CONTENT OBTAINED FROM THE SERVICE
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
  • THE FAILURE OF CRYPTOGRAPHIC SYSTEMS TO PROTECT YOUR COMMUNICATIONS
  • SYSTEM FAILURES, SERVICE INTERRUPTIONS, OR DATA LOSS

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

13. Indemnification

You agree to defend, indemnify, and hold harmless Zixt and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right
  • Your User Content or any content that is submitted via your account

14. Modifications to the Service and Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

We may also, at our sole discretion, modify, update, or discontinue the Service or any part of it, temporarily or permanently, with or without notice.

15. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

Notwithstanding the foregoing, either party may seek equitable relief in any court having jurisdiction to protect its intellectual property rights or confidential information.

17. Export Controls

You agree to comply with all applicable domestic and international export control laws and regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or region to which export of the Service is restricted by laws of the United States or other applicable jurisdictions.

You acknowledge that the Service may include cryptographic software subject to export regulations, and you agree not to export, re-export, or transfer the Service to any country, person, or entity subject to U.S. export restrictions.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and Zixt regarding your use of the Service and supersede any prior agreements between you and Zixt relating to the Service.

20. Contact Information

If you have any questions about these Terms, please contact us at legal@zixt.app.