Terms of Service
Pyramidion Password Manager
Effective date: [EFFECTIVE DATE]
Last updated: [LAST UPDATED DATE]
Summary (not part of the agreement)
This summary is provided for convenience only. It is not a substitute for the full Terms below, and in any conflict the full Terms control.
- Pyramidion stores your data in an encrypted vault on your device. We operate no servers that hold your vault and we have no account system.
- We cannot recover your master password, and we cannot decrypt your vault. If you lose your master password and your recovery materials, your data is permanently unrecoverable. This is a design property, not a defect.
- Keeping backups and your Rescue Kit is your responsibility.
- Basic vault features are free. Certain advanced features require a paid subscription billed through the Apple App Store or Google Play.
- The App is provided "as is," our liability is capped, and disputes are resolved individually by arbitration unless you opt out within 30 days.
1. Agreement to these Terms
These Terms of Service (the "Terms") form a binding legal agreement between you ("you" or "User") and [LEGAL ENTITY NAME], a [ENTITY TYPE — e.g. limited liability company] organized under the laws of the State of [STATE] ("[SHORT NAME]," "we," "us," or "our"), governing your download, installation, access to, and use of the Pyramidion Password Manager mobile application, together with any updates, documentation, and associated materials (collectively, the "App").
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not download, install, or use the App, and delete any copy in your possession.
These Terms incorporate by reference our Privacy Policy, available at [PRIVACY POLICY URL], and the platform-specific terms in Sections 22 and 23.
If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.
2. Definitions
- "Vault" means the encrypted data store the App maintains on your device, containing your Items.
- "Item" means any record you create in the App, including passwords, secure notes, cryptographic key pairs, peer public keys, digital identities, PIN codes, and associated metadata such as tags and favorites.
- "Master Password" means the passphrase you choose during setup, from which the App derives the cryptographic keys that protect your Vault.
- "Rescue Kit" means the recovery material the App can generate, which encodes your Vault's root key as a mnemonic phrase and QR code.
- "Recovery Materials" means, collectively, your Master Password, Rescue Kit, backup files, backup passphrases, PIN, and peer recovery keys.
- "Backup" means an encrypted, signed export of your Vault written to storage you control.
- "Paid Features" means the App features that require an active Subscription, as described in Section 9.
- "Subscription" means a recurring paid entitlement purchased through the Apple App Store or Google Play.
- "Platform" means Apple Inc. and its subsidiaries, or Google LLC and its affiliates, as applicable to your distribution channel.
3. Eligibility
You must be at least 13 years of age to use the App. If you are under the age of majority in your jurisdiction, you may use the App only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
We do not knowingly permit use of the App by children under 13. If we become aware that a person under 13 is using the App, we may take steps to terminate that use.
You represent that you are not barred from using the App under the laws of the United States or any other applicable jurisdiction, and you further make the representations set out in Section 15 (Export Control).
4. License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App on any mobile device that you own or control, solely for your personal or internal business purposes, and solely as permitted by the usage rules of the Platform from which you obtained the App.
This is a license, not a sale. We and our licensors retain all right, title, and interest in and to the App.
You may not:
- copy, modify, adapt, translate, or create derivative works of the App, except as expressly permitted by applicable law that cannot be contractually waived;
- reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent applicable law expressly permits despite this limitation, and then only after providing us with prior written notice;
- rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App to any third party;
- remove, alter, or obscure any proprietary notice in the App;
- use the App to build a competing product or service, or to copy its features or user interface;
- circumvent, disable, or interfere with any licensing, entitlement, security, or access-control mechanism in the App, including any mechanism that gates Paid Features; or
- use the App in any manner not expressly authorized by these Terms.
5. How the App Works — No Accounts, No Server-Side Vault
You should understand the App's architecture, because it determines what we can and cannot do for you.
a. Local storage. The App creates your Vault on your device. Items are encrypted on the device using keys derived from your Master Password. Key material is held in platform secure storage (the iOS Keychain or Android Keystore).
b. No account. There is no registration, no login server, and no account we hold on your behalf. Your Master Password is never transmitted to us and is never stored by us or by the App in recoverable form.
c. No vault transmission. The App does not upload your Vault, your Items, or your Master Password to us. We operate no service that receives, stores, or processes your Vault contents.
d. Limited network activity. The App's network activity is limited to (i) the Platform's purchase and subscription services, and our subscription infrastructure provider, for the purpose of validating entitlements (see Section 14), and (ii) any operating-system services you have enabled. The App does not include analytics, advertising, crash-reporting, or telemetry services that transmit your data to us.
e. Platform keychain synchronization. Where enabled in a given build, certain key material may be marked as synchronizable with your own Platform-provided keychain service (for example, iCloud Keychain), so that it can move between devices signed in to your own Platform account. That synchronization is a service of the Platform, governed by the Platform's terms and privacy policy, and is outside our control. It does not transmit anything to us.
f. Diagnostics. The App maintains local diagnostic logs viewable within the App. These remain on your device unless you choose to share them.
6. Your Master Password — No Recovery Is Possible
READ THIS SECTION CAREFULLY. IT DESCRIBES A PERMANENT AND IRREVERSIBLE RISK OF TOTAL DATA LOSS.
a. We hold no key. The keys that protect your Vault are derived from your Master Password on your device. We do not possess, escrow, store, or have any means of reconstructing your Master Password, your Vault's root key, or any key derived from them. There is no master key, backdoor, administrative override, or support process by which we or anyone else can decrypt your Vault.
b. Loss is permanent. If you forget or lose your Master Password and do not have valid Recovery Materials, your Vault and every Item in it will be permanently and irreversibly inaccessible. Neither we, nor the Platform, nor any third party can restore access, reset your Master Password, or recover your data. No support request, legal process, or payment can change this.
c. You accept this risk. You acknowledge that this design is the intended and advertised behavior of the App, that it is inseparable from the security guarantees the App provides, and that data loss resulting from lost or forgotten Recovery Materials is not a defect, failure, or breach of these Terms.
d. Other events causing loss. Your Vault may also become inaccessible or be destroyed if you delete the App, erase or reset your device, lose or damage your device, restore your device from a backup that does not include the App's protected storage, change device passcode or biometric settings in a way that invalidates platform secure storage entries, or use the App's data-deletion feature. You are solely responsible for the consequences of these events.
7. Your Responsibilities
You are solely responsible for:
- Choosing a strong Master Password and not reusing it elsewhere;
- Recording and safeguarding your Recovery Materials, including generating a Rescue Kit and storing it securely offline, separate from your device;
- Creating and maintaining current Backups, and storing them in a location you control and can access if your device is lost;
- Verifying that your Backups can actually be restored before you rely on them;
- Securing your device, including using a device passcode, keeping the operating system and the App updated, and not installing the App on a jailbroken, rooted, or otherwise compromised device;
- All activity conducted through your copy of the App, and all Items you store in it;
- The lawfulness of the data you store, including any credentials, keys, or notes; and
- Any decision to share Recovery Materials, Backups, or peer recovery keys with another person.
We strongly recommend maintaining an independent Backup and a Rescue Kit at all times. Failure to do so is the single most common cause of unrecoverable data loss in products of this kind.
8. Feature-Specific Acknowledgements
a. Backups. Backups are encrypted and signed. A Backup is only as protected as the passphrase that locks it and the storage location you choose. A Backup written to removable media, shared storage, or a cloud-synchronized folder may be exposed to the risks of that location. We do not store, host, or have access to your Backups.
b. Hardened Backups. A hardened Backup adds a second passphrase to the unlock path. If you lose that second passphrase, the hardened Backup cannot be opened, even with a correct Master Password.
c. Rescue Kit. A Rescue Kit encodes your Vault's root key. Anyone who obtains it can obtain access to your Vault. Treat it with the same care as the Vault itself. Store it offline and physically secured; do not photograph it to a cloud-synchronized photo library, email it, or store it in an unencrypted file.
d. Peer Recovery. Peer recovery involves exchanging identity keys with a person you select. You choose that person, and you assume all risk arising from their conduct, competence, availability, loss of their own keys, or breach of your trust. We are not a party to that arrangement, cannot verify the identity of any peer, and have no role in or visibility into any peer recovery exchange.
e. Vault Re-Keying. Re-keying derives a new root key and re-encrypts your Vault. This is a substantial operation. Create a verified Backup before initiating a re-key. Interruption, insufficient device storage, power loss, or system termination during a re-key may result in an incomplete state. The App reports such a state explicitly rather than as a success, but recovery may still require restoring from your Backup.
f. Geo-Lock and Location Data. The geo-lock feature, if you enable it, requires access to your device's location services and will prompt you for permission. Location is used on-device to protect the Items you designate; it is not transmitted to us. Location determination depends on hardware, network conditions, and operating-system behavior and may be inaccurate or unavailable. Enabling geo-lock may prevent you from accessing an Item when you expect to. You assume that risk.
g. Biometric and PIN Unlock. Biometric unlock relies on the Platform's biometric subsystem. Any person whose biometric data is enrolled on your device, or who knows your PIN, may be able to unlock your Vault. These are convenience mechanisms layered on top of your Master Password, and they do not increase the cryptographic strength of your Vault.
h. Post-Quantum Signatures. The App implements hash-based signature schemes intended to resist attack by quantum computers. This is a description of the algorithms used for signing. It is not a warranty that the App, your Vault, or any Item is immune to any present or future cryptanalytic attack. See Section 16.
i. Feature availability. Features may be added, changed, disabled, or removed between releases, and some features may be unavailable on a given operating system version, device, or distribution channel. We do not warrant that any particular feature will remain available.
9. Subscriptions, Billing, and Cancellation
a. Free and paid tiers. Core vault functionality is available at no charge. The following are Paid Features requiring an active Subscription: peer recovery, vault re-keying, post-quantum signing identities, and hardened backups. We may change which features are included in each tier on a going-forward basis, with notice as required by Section 19.
b. Purchase through the Platform. All Subscriptions are sold and processed by the Platform (Apple or Google), not by us. Payment is charged to your Apple ID or Google account at confirmation of purchase. Current pricing, billing period, and any introductory or trial terms are displayed in the App and at the point of purchase before you complete the transaction.
c. Automatic renewal. Subscriptions renew automatically at the then-current price for the same billing period unless you cancel. Your account is charged for renewal within 24 hours prior to the end of the current period.
d. How to cancel. You may cancel at any time through your Apple ID subscription settings or the Google Play subscriptions page. Cancellation takes effect at the end of the current billing period; it does not terminate the current period or produce a partial refund. Deleting the App does not cancel a Subscription.
e. Free trials. Where a free trial is offered, you must cancel at least 24 hours before the trial ends to avoid being charged. Any unused portion of a free trial is forfeited when you purchase a Subscription.
f. Refunds. All charges are non-refundable except where required by law or by the applicable Platform's refund policy. Refund requests are handled exclusively by the Platform. We have no ability to issue, approve, or deny a refund for a Platform-processed transaction.
g. Price changes. We may change Subscription pricing. Price changes apply to renewal periods beginning after notice is given to you in the manner required by the Platform, and you may cancel before the change takes effect.
h. Loss of Paid Features. If your Subscription lapses, is refunded, or is revoked by the Platform, your ability to create new items or start new operations using a Paid Feature ends. Items, keys, recovery peers, and backups you created while subscribed remain in your Vault and remain readable and exportable, so a lapsed Subscription does not strand your own data behind a paywall. This continued access is subject to the feature remaining available in your version of the App (Section 8(i)).
i. Offline entitlement. The App caches your entitlement so Paid Features continue to work while your device is offline, subject to bounded grace periods. Extended offline use, a device clock that has been set backward, or a change of store account may cause Paid Features to become temporarily unavailable until the App can verify your entitlement again.
10. Acceptable Use
You agree that you will not, and will not permit any third party to:
- use the App in violation of any applicable law, regulation, or third party's rights;
- store, manage, or transmit credentials, keys, or other data that you obtained unlawfully, or that you are not authorized to possess or use;
- use the App to facilitate unauthorized access to any system, account, network, or data;
- use the App to store or distribute malware, or content that is unlawful under applicable law;
- attempt to gain unauthorized access to the App, to another user's Vault, or to any system or network associated with the App;
- interfere with, disrupt, or impose an unreasonable load on any infrastructure used to deliver or validate the App or Subscriptions;
- circumvent, or attempt to circumvent, subscription gating, entitlement validation, or any other technical protection measure;
- misrepresent the App's security properties to third parties, or represent yourself as affiliated with, endorsed by, or acting on behalf of us; or
- use the App in any application in which failure or unauthorized disclosure could reasonably be expected to lead to death, personal injury, or severe physical or environmental damage.
We may investigate and take any action we consider appropriate for a suspected violation, including terminating your license under Section 18.
11. Security Research and Vulnerability Disclosure
We welcome good-faith security research. If you believe you have found a vulnerability, please report it to [SECURITY CONTACT EMAIL] before disclosing it publicly, and allow a reasonable period for remediation.
Nothing in Section 4 or Section 10 is intended to prohibit good-faith security research conducted on your own device, against your own Vault, in a manner that does not access, damage, or degrade the data or devices of any other person, does not disrupt any service, and does not involve extortion or the sale of findings to third parties. We will not pursue action under these Terms against research conducted within those boundaries. We do not currently operate a paid bug bounty program, and a report does not entitle you to compensation.
12. Intellectual Property
a. Our property. The App, including its software, source and object code, cryptographic implementations, user interface, designs, graphics, wordlists, text, and the "Pyramidion" name and logo, is owned by us or our licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. All rights not expressly granted in Section 4 are reserved.
b. Your data. You retain all rights in your Items and your Vault. We claim no ownership, license, or interest in your data, and we do not receive it.
c. Third-party components. The App incorporates third-party open-source components, each licensed under its own terms. Those licenses are made available in the App's acknowledgements screen and, in the event of a conflict, govern your use of the corresponding component.
d. Feedback. If you send us suggestions, feature ideas, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation to you. Please do not send us confidential information or any Item content.
13. Privacy
Our collection and handling of information is described in our Privacy Policy at [PRIVACY POLICY URL], which is incorporated into these Terms. We do not receive your Vault contents, your Master Password, your Recovery Materials, or your location. Information handled by the Platform or by our subscription infrastructure provider in connection with a purchase is governed by their respective policies.
14. Third-Party Services
a. Platform services. Distribution, purchase processing, subscription management, refunds, biometric authentication, secure key storage, and any keychain synchronization are provided by the Platform under the Platform's own terms. We are not responsible for the Platform's services, availability, pricing decisions, refund determinations, or handling of your information.
b. Subscription infrastructure. We use a third-party subscription management provider to validate entitlements. That provider receives purchase and entitlement metadata associated with your Platform account. It does not receive your Vault contents, your Items, or your Master Password.
c. No endorsement. Reference to any third-party service in the App is not an endorsement, and your dealings with any third party are solely between you and that third party.
15. Export Control and Sanctions Compliance
The App contains cryptographic functionality and is subject to the U.S. Export Administration Regulations and other applicable export control and sanctions laws. Cryptographic software may be restricted or prohibited in some jurisdictions; you are responsible for determining and complying with the law that applies to you.
You represent and warrant that: (i) you are not located in, and are not a national or resident of, any country or territory subject to a U.S. Government embargo or designated as a "terrorist-supporting" country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List and the Denied Persons, Entity, or Unverified Lists; and (iii) you will not export, re-export, or transfer the App in violation of applicable law.
16. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
- THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VULNERABILITIES;
- THE APP WILL PREVENT UNAUTHORIZED ACCESS TO, DISCLOSURE OF, OR LOSS OR CORRUPTION OF YOUR DATA;
- ANY CRYPTOGRAPHIC ALGORITHM, PARAMETER, PROTOCOL, OR IMPLEMENTATION USED BY THE APP IS OR WILL REMAIN SECURE AGAINST ANY PRESENT OR FUTURE ATTACK, INCLUDING ATTACKS ENABLED BY ADVANCES IN CRYPTANALYSIS OR QUANTUM COMPUTING;
- DEFECTS WILL BE CORRECTED, OR THAT ANY PARTICULAR FEATURE WILL BE MAINTAINED OR REMAIN AVAILABLE; OR
- THE APP IS COMPATIBLE WITH, OR WILL CONTINUE TO FUNCTION ON, ANY PARTICULAR DEVICE OR OPERATING SYSTEM VERSION.
THE APP IS ONE COMPONENT OF A SECURITY POSTURE AND IS NOT A SUBSTITUTE FOR SOUND SECURITY PRACTICES, INCLUDING DEVICE SECURITY, MULTI-FACTOR AUTHENTICATION ON YOUR ACCOUNTS, AND INDEPENDENT BACKUPS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, any implied warranty is limited in duration to the minimum period permitted by applicable law.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
a. Excluded damages. IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF OR INABILITY TO ACCESS ANY VAULT, ITEM, PASSWORD, KEY, OR BACKUP, LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR COMPROMISE OF ANY ACCOUNT, SYSTEM, OR CREDENTIAL, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. Aggregate cap. OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP, FOR ALL CLAIMS IN THE AGGREGATE, WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM, OR (ii) FIFTY U.S. DOLLARS (US$50.00).
c. Basis of the bargain. YOU ACKNOWLEDGE THAT THE APP IS OFFERED FREE OF CHARGE OR AT A LOW SUBSCRIPTION PRICE, THAT THESE LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK, AND THAT WE WOULD NOT OFFER THE APP WITHOUT THEM. THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
d. Exceptions. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
18. Indemnification
You will indemnify, defend, and hold harmless [SHORT NAME] and its officers, directors, members, employees, contractors, and agents from and against any third-party claim, demand, action, proceeding, loss, liability, damage, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the App; (b) your violation of these Terms; (c) your violation of any law or of any third party's rights; (d) the content or lawfulness of any Item you store; or (e) your disclosure of Recovery Materials or Backups to any person.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense. You will not settle any such matter without our prior written consent.
19. Term, Termination, and Changes
a. Term. These Terms apply from your first use of the App until terminated.
b. Termination by you. You may terminate at any time by ceasing use and deleting the App. See Section 6(d): deleting the App may permanently destroy your Vault. Cancel any Subscription separately through the Platform (Section 9(d)).
c. Termination by us. We may suspend or terminate your license immediately, with or without notice, if you materially breach these Terms, if we reasonably believe your use creates a risk of legal exposure or harm to others, or if required by law or by the Platform.
d. Discontinuation. We may modify, suspend, or discontinue the App, or any feature of it, at any time. If we permanently discontinue the App, we will use commercially reasonable efforts to provide advance notice through the App or at [WEBSITE URL] so that you can export a Backup. Because your Vault resides on your device, discontinuation does not by itself delete your data; however, the App may cease to function following operating-system changes.
e. Changes to these Terms. We may revise these Terms. For material changes, we will provide notice through the App or at [WEBSITE URL] at least thirty (30) days before they take effect, and will update the "Last updated" date. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the App and cancel any Subscription before the effective date.
f. Survival. Sections 6, 7, 12, 15, 16, 17, 18, 20, 21, and 24 survive termination.
20. Dispute Resolution — Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
a. Informal resolution first. Before initiating arbitration, you agree to send a written Notice of Dispute to [LEGAL NOTICE EMAIL / ADDRESS] describing the dispute and the relief sought. We will do the same for any dispute we have with you. The parties will attempt in good faith to resolve the dispute informally for sixty (60) days from receipt of the notice. This process is a condition precedent to commencing arbitration.
b. Agreement to arbitrate. If the dispute is not resolved, any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted by a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
c. Location and format. Arbitration will take place in [COUNTY], [STATE], or, at your election, by telephone, videoconference, or on documents only.
d. Class action waiver. YOU AND WE EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the remainder of this Section remains in effect.
e. Small claims exception. Either party may bring an individual action in small claims court in a court of competent jurisdiction, so long as the action remains individual and in that court.
f. Injunctive relief exception. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized access to or misuse of the App.
g. 30-day right to opt out. You may opt out of this arbitration agreement and the class action waiver by sending written notice to [LEGAL NOTICE EMAIL / ADDRESS] within thirty (30) days of first accepting these Terms. The notice must state your name, the device or Platform account used, and a clear statement that you are opting out of arbitration. Opting out will not affect any other part of these Terms, and we will not retaliate or restrict your access for doing so.
h. Jury trial waiver. Except as provided above, you and we waive any right to a jury trial.
i. Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, except where a longer period is required by applicable law.
21. Governing Law and Venue
These Terms and any dispute arising out of them are governed by the laws of the State of [STATE], and by applicable U.S. federal law, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any dispute not subject to arbitration under Section 20, the state and federal courts located in [COUNTY], [STATE] have exclusive jurisdiction and venue, and each party consents to personal jurisdiction there and waives any objection based on inconvenient forum.
If you are a consumer residing in a jurisdiction whose law provides you with mandatory protections that cannot be overridden by contract, nothing in this Section deprives you of those protections or of the right to bring proceedings in the courts of your place of residence.
22. Additional Terms for Apple App Store Users
These terms apply if you obtained the App from the Apple App Store, and supersede any conflicting provision of these Terms with respect to Apple.
- Acknowledgement. These Terms are concluded between you and [SHORT NAME] only, not with Apple Inc. ("Apple"). [SHORT NAME], not Apple, is solely responsible for the App and its content.
- Scope of license. The license granted in Section 4 is a non-transferable license to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
- Maintenance and support. [SHORT NAME] is solely responsible for providing maintenance and support for the App as described in Section 25. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty. [SHORT NAME] is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be [SHORT NAME]'s sole responsibility.
- Product claims. [SHORT NAME], not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- Intellectual property claims. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, [SHORT NAME], not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
- Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. See Section 15.
- Developer name and address. Questions, complaints, and claims regarding the App should be directed to: [LEGAL ENTITY NAME], [MAILING ADDRESS], [SUPPORT EMAIL].
- Third-party terms. You must comply with applicable third-party terms of agreement when using the App.
- Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
23. Additional Terms for Google Play Users
These terms apply if you obtained the App from Google Play.
- Not a party. Google LLC and its affiliates ("Google") are not a party to these Terms and have no responsibility for the App. Your use of Google Play is governed by the Google Play Terms of Service.
- Billing. Subscriptions purchased through Google Play are processed by Google. Cancellation and refunds are handled through Google Play under Google's policies, and are subject to Section 9.
- Support. Google has no obligation to provide maintenance or support for the App. Support is provided solely by us under Section 25.
- Device and permissions. Certain features require Android permissions, including location (for geo-lock) and external storage (for backups written to removable media). You may grant or revoke these in system settings; revoking a permission will disable the corresponding feature.
- Distribution outside Google Play. If you obtained the App from a source other than Google Play or the Apple App Store, we make no representation as to the integrity or authenticity of that copy, and Sections 22 and 23 do not apply. Obtain the App only from an official distribution channel.
24. General Provisions
a. Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior or contemporaneous understandings.
b. Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will remain in full force.
c. No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
d. Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. Any attempted assignment in violation of this Section is void.
e. Force majeure. Neither party is liable for any delay or failure to perform resulting from causes beyond its reasonable control.
f. Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
g. Notices and electronic communications. You consent to receive communications from us electronically, including through the App or at the email address you provide when contacting us, and agree that electronic communications satisfy any legal requirement that a communication be in writing. Notices to us must be sent to [LEGAL NOTICE EMAIL / ADDRESS].
h. U.S. Government end users. The App is "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. U.S. Government end users acquire only those rights set out in these Terms.
i. Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafting party.
j. Language. These Terms are made in the English language. Any translation is provided for convenience only, and the English version controls in the event of a conflict.
25. Support and Contact
We provide support on a commercially reasonable, best-effort basis by email. Support cannot include recovery of a lost Master Password, decryption of a Vault, or recovery of a Backup for which you do not hold the passphrase — see Section 6.
[LEGAL ENTITY NAME]
[MAILING ADDRESS]
- General and support: [SUPPORT EMAIL]
- Security reports: [SECURITY CONTACT EMAIL]
- Legal notices: [LEGAL NOTICE EMAIL]
- Website: [WEBSITE URL]
By using Pyramidion Password Manager, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service — including the acknowledgement in Section 6 that your data cannot be recovered by anyone if you lose your Master Password and Recovery Materials.