1 - OWNER OF THE 3NCRYPT3D SERVICE, WEBSITES AND APPLICATIONS
The website "3NCRYPT3D.com" and "Get33d.com" (hereinafter, "Website", "Site", "Public Website", "Account Site"), all its subdomains, as well as the Applications made available for access to the Service, with or without "branding" from our corporate partners, are the exclusive property of 3NCRYPT3D Messaging Services, Lda, (hereinafter "we", "the company", "3NCRYPT3D"). We are registered at the Commercial Registry Office of Vila Nova de Gaia under NIPC 514956062, which also corresponds to the tax identification number of the company, and are headquartered at:
Rua Daciano Baptista Marques, 245
Lake Towers Building D, 2nd Floor
4400-617 - Vila Nova de Gaia, Portugal
Our Company's fundamental values are those defended in the Universal Declaration of Human Rights, with special emphasis on the following articles:
Everyone has the right to life, liberty and security of person.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
2 - DEFINITIONS
Service: Fully automated service for conditional delivery of encrypted digital messages provided by the Company. With the exceptions listed in point 5 of these Terms and Conditions, all client’s information is encrypted on the User's/Client's device through a symmetric encryption process before being sent to our servers. The maintenance of the User/Client Account is also considered as a provided service even if the User/Client Account does not actively use it by configuring messages or, having done so, these are not delivered because the conditions determined for delivery are not met.
User / Client / Customer: Person who created a 3NCRYPT3D account in a demonstration context, with limited duration and functionality (Demo) Or person who subscribed to the Service by choosing and paying for one of the subscriptions available at the time of the subscription or obtained a commercial subscription (non-Demo) by other means legitimately recognized by the Company.
User Name: Means of identification of the User before our Service, which also corresponds to his personal email account.
Password: User-defined character set that must correspond to certain duly announced complexity requirements. Together with the User Name it will allow access to the Service through the Account Site or Application.
PIN Code: A 6-digit numerical code, which is used to validate sensitive operations in the User/Client Account when these are performed through the use of a web browser. The PIN Code can also be used to access the service through the Application.
Account: Set of data relating to the Customer, stored encrypted on our database servers in Microsoft Azure’s computing infrastructure.
- Active Account: State in which the Account is fully functional and the Service is provided according to the type of subscription selected by the Client and within the parameters defined by the Client.
- Inactive Account: State in which the operation of the account is limited to the possibility of access (Login), via web browser, by the customer. Content creation and editing is blocked, and the message delivery service is inactive.
Demo Account: Account type that allows anyone to try and test the features of our service, for free, for 16 days. During this 16-day period all test messages are sent to the user himself to avoid the involvement of third parties during this phase. Additionally, the default HeartBeat period in the Demo Account is 7 days and cannot be changed. At the end of the 16-day period all messages and files will be deleted and all non-primary devices will be disabled, resetting the account to its original state, with the exception that the user-created Contacts, as well as the Primary Device configured, will be maintained. If by the end of the Demo Account period a subscription is not purchased, the account will be automatically deactivated (Inactive Account) and, after 60 days it will be completely deleted. The creation of Demo account is limited to one per user/email address.
HeartBeat: Period, measured in days, during which the Users/Clients are expected to access their account, in order to demonstrate that they are alive. This is the only proof of life our service accepts.
Application: Software developed by the Company, to be installed and configured in smartphones and computers that run the operating systems listed on the web site and in our official communication. For security reasons, and with the exceptions listed in our support documentation, all access to the 3NCRYPT3D service is via this Application. The installation and configuration of the Application is done by the User.
Account Site: User/Client's reserved access site, where a limited set of actions can be performed such as, but not limited to, meta-information review, subscription management, management of authorized devices, content deletion, among others.
Message-link: Link sent, via email, to the recipients of the Clients' messages, through which the recipients will access the messages, after providing correct identification and correct answers to the Encryption Questions set by the Clients. Each message will be delivered via a unique Message-link.
Encryption: Process of encoding digital content (text, documents, images or any other files) so that only the authorized parties can access it.
Encryption key: Unique and mathematically unrepeatable file, generated for the User by the application, when it is first configured to access the user’s account. This Key is only available to the User on their device or others where they choose to store it. This key is used by the Application to encrypt all messages and files before they are sent to our servers. If the client loses access to the device on which the Application is installed and doesn’t have a backup copy of this key, read and write access to the previously created messages and files will be lost and the only possible action on this content is deletion, through the Account Site.
Partner: an external entity linked to us by functional, commercial or other partnerships. Our partners have they own privacy policies, cookie policies, Terms and Conditions and other proprietary content, under their sole control and responsibility, not explicitly or implicitly subscribed to by us.
3 - ACCEPTANCE OF THESE TERMS AND CONDITIONS
Please carefully read these Terms and Conditions (hereinafter, Terms) before creating an Account on the 3NCRYPT3D Service (hereinafter, "the Service"). In in doing so you declare that you have read, understood and accepted them without reservation or need for further action or consent. The same Terms regulate the access to the Service, creation and management of your Account, as well as the installation and legitimate use of the 3NCRYPT3D Secure Application (hereinafter, "the Application"), to the applicable extent.
If you come to us under an integration or sales partnership agreement, additional particular Terms (which, in case of conflict, will prevail over these Terms) may apply. If applicable, you will be informed of any particular terms in force and, by accessing and using the Service, will be declaring explicitly acceptance of the terms.
We reserve the right to, whenever necessary, update these Terms. Despite the fact that you will be notified, via email, whenever important changes to these Terms are made that may directly affect you, we advise you to periodically visit the most current version at
If, after online publication of the new terms, you decide to keep using our service, this will constitute an unequivocal sign that you have read, understood and accepted the Terms in their updated version.
4 - LINKS TO THIRD PARTIES
The Site and/or Service may contain links to third party sites and applications that are not under our ownership or control. We have no control over the privacy policies or practices of any third party site or application and as such assume no responsibility for their contents. Similarly, we cannot censor or edit the content of any third party site. By using the Service, you expressly release us from any and all liability arising from your utilization of any third party website or application.
Therefore, we encourage you to be aware of times when you leave the scope of our Site and/or Service and to read the terms and conditions and privacy policies of any other sites or applications you visit or use.
5 - SERVICE DESCRIPTION
3NCRYPT3D is an online conditional messaging service that allows the user to create encrypted messages, with or without attachments, which will be delivered to recipients specified by the user in the event of a specific circumstance, e.g. prolonged inactivity, disappearance, death, among others. It is, therefore, not a file storage service, e.g. cloud storage.
The Service, although accessible to any person - within the scope of application of these Terms and the applicable legal framework - was designed for people who hold very sensitive and important information, and who want to ensure that it will never be lost, even in the eventuality of death. In order to guarantee total Privacy and Confidentiality, we have designed the Service to be fully automated; that is, its operation does not require any kind of human intervention in the delivery of messages, unless otherwise programmed by the Customer.
To learn more about us and how our service works access the following link: https://3ncrypt3d.freshdesk.com/a/solutions/folders/44000172793
5.1. What types of messages can be created?
a. Heartbeat Messages: delivered to the recipients in case our user becomes inactive for a pre-determined number of days, set by the user - 30 days, by default - and if the user does not positively respond to a successive number of alert emails sent by our service;
b. Worst Case Scenario Messages: delivered to the recipients in case our user becomes inactive for a pre-determined number of days, set by the user - 30 days, by default - and if the user does not positively respond to a successive number of alert emails sent by our service, with additional confirmation of death from predetermined trusted persons, chosen by our user;
c. Timed Messages: delivered on a specific date and time, set by the user, with a mandatory time lag of at least 180 minutes (3 hours) in relation to the date/time of message creation;
d. Send Now Messages: sent within a maximum of 10 minutes after the user saves and confirms them.
In order to ensure that the user is fully aware of the conditions for delivery of the messages, a summary is presented at the final stage of the message creation process. The user must confirm the information displayed on the summary page before messages are encrypted and stored on our servers for delivery.
5.2. What kind of information might these messages contain?
Without prejudice to any part of these Terms, you may save any piece of information that seems convenient to you. The most common examples:
a. Access credentials to online accounts;
b. Data related to subscription services and direct bank payment systems;
c. Access data to bank accounts and cryptocurrency wallets;
d. Life insurance policies data;
e. Research and other work in progress materials;
f. Personal or professional secret information;
g. Reporting of illegal activities (whistleblowing);
h. Links to folders and documents stored in online storage accounts held by the User;
i. Copy of last will and testament
Our Service implements some of the highest currently available encryption standards never, to date, broken. All messages and attachments created are triple encrypted in the Application before they are sent to our servers. On our servers these data are stored encrypted with a symmetric encryption key (only accessible to the user) and additional database encryption (Transparent Data Encryption), making it impossible to access them in clear form.
The data of the message recipients (name, email address and encryption questions), are subject to double encryption during the communication between the Application and our servers and Transparent Data Encryption applied on the servers, with no symmetric encryption applied. Only this way it is possible for the message delivery service to have access to the names and email addresses of the recipients and be able to deliver the messages.
In the same way, all metadata related to the user Account and necessary for the operation of the service, are protected by Transparent Data Encryption.
NOTE: in the above situation, the level of security and protection of the information is still assured, as it continues to be treated by the Service as confidential and is automatically encrypted on our servers. It is, however, technically possible for us to decrypt it so we are be able to provide the Service, respond to customer support requests, or legal to comply with legal provisions.
For security reasons, the messages created by the user are delivered to the recipients via a link sent by email (Message-link) that forwards them to a web page developed by us, with communication protected by TLS/SSL. After confirmation of the identity of the recipient and correct answers to the encryption questions set by the user, the message will be decrypted and shown in readable format.
6 - SERVICE SUBSCRIPTION CONDITIONS
6.1. Subscription to the our Service is only allowed to adults, as per applicable laws in the country of residence of the User.
6.2. The user must be proficient in the use and configuration of the devices where the application can be installed (Android, iOS, Windows10 or others that may be available in the future), under penalty of not being able to correctly make use of the Service.
6.3. The User should get familiar with the terms and concepts used in the Service before subscribing to it, under penalty of making serious mistakes, only imputable to him/her, in the delivery of the messages. All the necessary information is available in our Support Centre and on the help screens in the Application. If any doubt persists, the user should contact us through our Support Centre.
6.4. The access to user account is exclusive to the user who created the account and he/she is not allowed to transmit, it in any way, to third parties.
6.5. It is the user’s sole responsibility to manage his/her Account. If the messaging service is active, without prejudice to the special conditions that apply to Timed or Send Now Messages, the only way a user can avoid the delivery of the messages created is by accessing (logging in to) the service within the established heartbeat period. If, for any reason, the user wishes to disable the delivery of any and all messages, the messaging service can be temporarily disabled through the options available in the Application or on the Account Site.
6.6. If no other specific contractual conditions apply, the Service is always contracted cyclic time periods, in accordance with the subscription plan selected by the user, and is automatically renewed for equal periods of time. Recurring payments will be done through the means of payment originally used, unless the user expressly indicates otherwise or cancels automatic renewal through the Account Site.
6.7. Payment for our Service is made the moment you choose a subscription, and is valid for the period of time set in the selected subscription level. The price of the subscriptions may vary depending on the features available and the period of validity for the subscription, according to the information available on our public website and at the time you choose a subscription on the Account Site.
6.8. Subscription prices and options may change at any time. In the event of a change the user will receive a 30 days' prior notice, in response to which he may express the will to cancel the automatic renewal of the subscription at the end of the contracted period. If the user does not express the will to cancel the renewal the subscription will be normally renewed at the end of the contracted period, under the new prices and conditions.
6.9. If, before the end of the period for the subscription initially selected, the user decides to purchase a subscription with more features (i.e. Upgrade), he will be charged the price of the new subscription subtracted of the value already used of the initial subscription, calculated on a daily basis and having into account the base price of the initial subscription, without any applied coupons or discounts, if any. To upgrade your subscription, please contact us through the Support Centre.
6.10. For technical reasons and reasons related to our compliance with these Terms, we can’t automatically change an active subscription with more features to one with less features (i.e downgrade), as this would potentially force us to delete some of the contents already created by the user, which would be a violation of these Terms on our part. If the user wishes to do so, he can contact us through the Support Centre and we will do our best to find a solution that, nonetheless, shall not include reimbursement of any amounts already paid and not used.
6.11. We provide a free demonstration subscription (DEMO), valid for a period of 16 days, so that the user can fully understand and test our service, by configuring recipients and sending test messages before deciding to purchase it.
6.11.a. During the DEMO subscription period all test messages created, with no exception, will be sent to the user’s own email address. This allows the user to completely test our service without involving third parties.
6.11.b. Only one Demo subscription can be created for each email address. If the user allows the Demo period to expire without subscribing to the Service and later attempts to create a new Account on the previous username, the new account will be created with a fixed duration of only 24 hours, which is enough time for the user to purchase one of the available subscription levels. At the end of this period, of the user does not complete a purchase, the account will automatically be deactivated and we reserve the right to block the corresponding email address from creating new accounts to prevent attempts to abuse the Service.
6.11.c. The Demo period ends when the user lets the 16 days expire without purchasing a subscription or before that if the user purchases a subscription. In any case, all previously created messages will be deleted as well as any uploaded files. With the exception to the Primary Device, all devices where the Application has been configured will be disabled. Thus, only the user-created Contacts will be maintained when the Demo subscription ends.
6.12. With few exceptions, decided by our sales department, we will exclusively use a specialized partner company located in England (Paddle.com Market Limited) to manage subscriptions and payments of our service. Paddle will be our merchant of record and all subscription management, processing of payments and means of payment, invoicing and corresponding tax treatment are the responsibility of this partner, under the tax conventions in force between the Portuguese government, the EU and England. In practical terms for our users, this means that they will be buying our service from an English company and the receipt/invoice they will get will be emitted by an English company, not from 3NCRYPT3D Messaging Services, Lda.
6.13. The user is the sole responsible for keeping the payment data updated on our partner Paddle.com. Under the impossibility of automatically renewing a user’s subscription the user’s account is deactivated, which implies the disabling of message delivery.
6.1 - Account Creation and Application Installation
6.1.1. To create an account the user must indicate his/her first and last names and a valid PERSONAL email address. This must also be the user’s main email address because all vital communications between our service and the user will be done through this channel. Due to the security implementation we use, which involves Hashing techniques and Encryption Keys for user validation, this email address will also correspond to the Username and cannot be changed after the account is created.
6.1.2. By clicking the link that is sent to you at account creation, you have to:
6.1.2.a. Create a password that will respect complexity requirements. This password should be unique and non-transferable. It is the exclusive responsibility of the user to ensure its good use and conservation;
6.1.2.b. Create a PIN Code that will respect complexity requirements. It should be unique and non-transferable. It is the exclusive responsibility of the user to ensure its good use and conservation;
6.1.2.c. Select two Security Questions and provide accurate answers. These security questions will be used to confirm the user’s identity if the user forgets the password and needs to reset it. It is the exclusive responsibility of the user to ensure its good use and conservation of the answers initially provided.
6.1.3. After the account is activated the user will be prompted to install and configure our Application on a Windows 10 device or on a smartphone. During the configuration of the device, an automated local process will generate the user’s encryption key. This key is unique, personal and non-transferable.
6.1.4. The encryption key should be exported immediately and saved by the user in a safe place. If the user loses all previously configured devices, a new device will need to be configured and this key will be required to allow access to all previously created messages.
6.1.5. The good use and conservation of the encryption key is exclusive responsibility of the user, since we don’t keep any copy of it on our servers. If the user loses this key we will not be able to help recover the previously created messages.
6.1.6. The user is exclusively responsible for all activity that occurs in his/her Account, arising from authorized or unauthorized access. Immediate action must be taken, which may include notifying us via support centre, if any breach of security or unauthorized access is detected by the user.
6.1.7. When the service is accessed, regardless of the platform used, it implies permanent and stable data connection. All data transmission costs will be the responsibility of the user and will depend on the conditions agreed between the user and the internet service providers used.
6.1.8. At any time within the Demo period, when a user decides to subscribe to our service and after choosing a subscription level, the Paddle.com's payment system will be initiated. All required information for payment and billing must be provided at this time. Paddle.com will be responsible for the storage and protection of the data collected at this stage, in accordance with the applicable legislation and Paddle’s terms of service (https://paddle.com/legal-buyers/ and / https://paddle.com/privacy-buyers/)
7 - CONDITIONS TO USE THE SERVICE
7.1. The use of our Service assumes that the legal framework in the country where the Customer is located does not prohibit the use of strong encryption systems (i.e. end-to-end encryption), as it is our case.
7.2. We grant the user a non-exclusive, personal and non-transferable license to use our Application on one or more devices, depending on the user’s purchased subscription level.
7.3. The user acknowledges and agrees that the provided Application and Service are the exclusive property of the Company and shall refrain from modifying, decompiling, reverse engineering or translating the software or any part of our service interfaces, under penalty of legal action.
7.4. Access to the user’s account and any part of the service can only be made through the applications, API and Account Site developed by us. The use of any other means to access the account or service (including, but not limited to, third-party software and APIs) to access the Service is not permitted and legal action can be taken if such situation is detected.
7.5. The user account is for the user’s exclusive utilization, personal and non-transferable. The user is solely responsible for ensuring the confidentiality of all authentication and access information.
7.6. The only way that a user can authenticate and perform operations in their account is to use one, or more, of the authentication and confirmation factors, alone or combined (Username, Password, PIN Code, Authentication Code or others that we may implement in the future). Except in very exceptional situations, analysed on a case-by-case basis and in accordance with our internal policy, our support staff cannot accept any unforeseen means of identification or authentication as proof of ownership of an account by an alleged user.
7.7. The user is exclusively responsible for the consequences of messages delivered under the conditions summarized and agreed upon at the time the user created the message. This includes the possibility of the user being unable to access his/her account due to the forgetting of access credentials or otherwise losing access to the service.
7.8. Without prejudice to future developments, all communication between our Service and the User is based on the public email infrastructure. As such, the user shall ensure that, upon subscribing to the Service, (s)he adds the email addresses used by the Service to the list of trusted senders so that all alerts and notifications, of vital importance for the provision of Service, are received in the user’s inbox. Inherently, the user shall completely refrain from adding these addresses to the Spam list.
7.9. The user is exclusively responsible for entering, managing and keeping updated all the relevant information on their Contacts.
7.10. The Company is not, in any way, responsible for the contents of messages created by the user. However, when using our service the user must comply with all applicable national, regional or international laws and regulations, and the Service cannot be used for any illegal purpose.
7.1 - Deactivation and Deletion of Account
7.1.1. In the event that the user does not subscribe to the Service within the Demo period or does not renew an existing subscription, at the end of the periods established for each of the cases, the respective account will automatically be placed in “Inactive” state, without prejudice to the following:
7.1.1.a. The Account may be reactivated by the user within 60 days following the expiration of the established period, either by subscribing or renewing the subscription, through the Account Site;
7.1.1.b. The user’s account and all data entered by the user will be automatically and irreversibly deleted from our servers on the 61st day after the end of the subscription.
7.1.1.c. Only one Demo period is allowed per user. To be able to enforce this, we maintain a HASH (fingerprint) of all email addresses previously registered. This data is completely anonymous as it is impossible for us to infer the original email address, but allows us to ensure compliance with the EU’s General Data Protection Regulation.
7.1.2. As a consequence of the verification of any of the facts mentioned in 7.1, all the message-links previously delivered will become invalid, making it impossible for any recipient who has already received them to open related messages.
7.1.3. The user may, on his/her own initiative, delete his/her account by taking appropriate action in the control panel of the Account Site. This is a 3-step process: 1) correct authentication; 2) PIN Code confirmation 3) clicking a link sent to his/her email. After all 3 operations are complete it will be impossible to recover the user account. The deletion of the Account by the user does not imply any kind of refund for amounts paid and not used by the user.
Violation of any of these Terms by the user may result in unilateral and immediate termination of the user’s account by the Company, without prejudice to any civil or criminal charges we may decide to pursue under applicable laws, when harm, in any form, is caused to the company.
8 - LIMITATION OF LIABILITY
8.1. The only rules governing our relationship with the user and conditions of the provision of the Service, are those listed in these Terms and the ones made available on our official Website, Support Center and Application help screens.
8.2. The Company may cancel a subscription or withhold amounts paid by the user by virtue of an order from a judicial, administrative or other competent authority in accordance with current legislation, without any liability or the duty to refund, indemnify or compensate the user.
8.3. To comply with an order from a judicial, administrative or other competent authority under the terms of the legislation in force, we may be obligated to make available information stored on our servers to the ordering authority, despite the fact that only information that is technically susceptible to decryption can be accessed in an intelligible manner.
8.4. We shall not be liable for damages of any kind, caused to users or third parties, that cannot be directly or reasonably imputable to us and, in particular, by damages attributable to the users themselves, namely those arising from non-compliance with the best practices publicized in the help articles made available in the Application and in our Support Centre or by actions of third parties that could not reasonably be avoided by the us, within the current technological landscape.
8.5. We make constant efforts to ensure that the reputation of our message delivery service is in line with the industry best practices, in order to ensure that all email messages are delivered to customers and third parties under the desired conditions. However, due to the multiplicity of factors beyond our control such as the technical characteristics of the IP (Internet Protocol) network architecture, the multiple email hosting services (IMAP and SMTP) that can be used by recipients and the good or bad configuration practices in the SPAM filters they implement, we cannot absolutely make sure that all emails are, in fact, received by recipients.
8.6. We shall not be liable for the technical impossibility of delivering messages to the recipients in cases where the answers provided by them to the Encryption Questions do not correspond to those provided by the user at the time (s)he saved the messages.
8.7. We host our solution in the cloud computing platform "Microsoft Azure" with an announced availability of 99.95% and, although we make every effort to maintain the availability of the service at all times, we cannot fully guarantee it because we are not in full control of the infrastructure.
8.8. Although our Service and applications implement the most secure standards known to date, whether in terms of encryption algorithms and processes, we cannot predict or guarantee that they may not be surpassed in the future and, as such, we cannot be held responsible if this happens. We ensure, however, that a team of professionals is permanently updated on the "state of the art", particularly in terms of information security, and to the emergence of new threats, proceeding to software and service updates whenever deemed necessary.
8.9. In the event of a threat that could jeopardize the integrity of our systems or our users’ information, we would find ourselves in the contingency of totally or partially redesigning the security solution implemented in our Service or applications. Such interventions, if needed, could involve temporary suspension of the contracted Service. We would, however, make our best efforts to make the Service available to the users again, according to the highest security standards, in a fast and efficient manner.
8.10. In the context of the previous point, the user will be notified, as applicable, of the suspension of the Service and of the respective grounds and that his/her subscription will be extended for a period equivalent to that of the suspension and that (s)he can, if (s)he so wishes, ask for a deletion of the data considered sensitive from our systems. If, as a result of suspension, and for not agreeing with the proposed mitigation solutions, the Client decides to cancel the subscription before the end of its term, there will be no refund of the amounts already paid and not used.
8.11. All versions of our Application have been subjected to stability tests over several Alpha and Beta versions, by a total of 50 testers, on multi-branded devices with different Operating Systems’ versions. Additionally, the applications were subject to execution tests by the technological platforms where they are hosted (Apple Store®, Windows Store®, Play Store®). All technical issues detected and reported during the tests were corrected by us, as well as several suggested improvements, so that the user experience is as straightforward and error-free as possible. However, due to the multiplicity of factors beyond our control that can affect the device where the user installs the Application (memory, processor, stability of the internet connection, proxy settings, previously installed applications, used browser, user settings, OS version, among others) we cannot ensure the stability of the Application at all times in all devices available on the market and all use contexts, even when, in a first analysis, these devices appear to match the installation requirements listed for the applications. As such, there is a non-negligible probability that the application presents momentary failures in normal operation, which, nevertheless will never jeopardize the security of the user’s information. If this happens, the user shall:
8.11.a. Restart the Application and check if operation in progress at the time of the failure was successfully completed despite the failure in the Application. If not, the user can retry at a later time;
8.11.b. Report the problem in as much detail as possible through our Support Centre so that we can identify and correct the problem as quickly as possible, within the priority level of the issue reported, according to our internal procedures.
8.12. We will permanently make the best human and material efforts, including the adoption of active security measures and configuration of high availability services, to make sure all information stored on our servers is available at all times . Despite these efforts, unforeseeable technical issues may arise, like accidents, including, among others, those potentially caused by unauthorized access to the servers by third parties. By creating an account you will be explicitly acknowledging the possibility, even if unlikely, of losing your stored contents, and exempting us from any legal liability in the event of such loss.
8.13. We may decide or be forced to discontinue the Service in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we will give you as much notice time as possible so that you can take any action you think is necessary in relation to your account contents. If we discontinue the Service before the end of the period for which you have paid a subscription, and if requested within 30 days after the notice, we will reimburse you the amount for the portion of the time of the Service not provided, calculated per day. For one-time payment subscriptions, the amount to be refunded will also be calculated on a daily basis, based on the value of our most comprehensive annual subscription. Naturally, any refund will only happen if the calculations result in a positive value. The limit of liability for refunds shall be, without prejudice to all applicable legal provisions, the limit of the Company's share capital at that time.
8.14. In case of doubts in the interpretation or application of these terms, the user should contact us at the following email address: firstname.lastname@example.org or directly at our Support Centre.
9 - INTELLECTUAL PROPERTY RIGHTS
9.1. The software and contents, namely text, image and audio-visuals existing in this Website, trademarks and associated logo and all domains mentioned in Section 1 of these Terms are the property and exclusive use of the 3NCRYPT3D and are protected under the general terms of law and, in the applicable part, by national and international legislation for the protection of Copyright and Industrial Property Law.
9.2. Reproduction of materials for personal use is permitted, as well as free uses authorised by law, any other uses depend on the prior consent of the holder of the rights.
9.3. The copyright of some of the materials on this website, from third-party suppliers or partners, is owned by said third parties.
10 - LANGUAGE OF THE TERMS
The original Terms are written in Portuguese. This translated version is available for your convenience, but you expressly agree and accept that the Portuguese language version is the one that prevails and is the legally binding version for all legal purposes.
12 - DISPUTES, LAW AND JURISDICTION
The agreement between the Company and the user arising from the user’s acceptance of these Terms is governed by Portuguese law. In the event of a potential dispute, the Company will always attempt to address the matter in question without recourse to a formal legal case. Similarly, before making a claim against the Company, the user agrees to attempt to resolve the dispute informally by contacting us via email at email@example.com. We will do our best to resolve the dispute informally by communicating with the user via email or other means if deemed more efficient. If the dispute is not resolved within 30 days after it has been initiated, the Company or the user may initiate formal legal procedures. Any dispute arising from the application of these Terms shall be settled by exclusive recourse to the judicial court of Vila Nova de Gaia, Portugal, with express waiver of any other.
The waiver or inability of the Company to enforce any of its rights under these Terms does not constitute an implicit or explicit waiver of said rights or the possibility of doing so in the future, within the applicable legal framework.
In the event that any provision of these Terms is found to be invalid, only that provision shall be nullified and all others shall remain in full force and effect.
Last Update: June 2, 2019