Ciphers Terms of Service

1. About Our Services

• Purpose. Ciphers provides communications and media features, including messaging, live audio/video, and content sharing. Some features are private end-to-end encrypted; others (e.g., public profiles or public “spaces”) are intended to be discoverable.
• Beta & Changes. Parts of the Services may be invite-only or beta. We may add, change, or remove features at any time.
• No Emergency Services. Our Services do not provide access to emergency service providers (e.g., 911, police, fire, hospitals) and are not a replacement for your phone or fixed-line services. Keep alternate means to contact emergency services.
• Registration. You must register with accurate, current information (e.g., a valid mobile number or email) and keep it updated. We may send verification codes or service notices.
• Age. You must be at least 13 years old (or the age required by your jurisdiction for you to consent to these Terms). If you are under the age of majority, a parent or legal guardian must accept these Terms on your behalf.
• Devices & Updates. You are responsible for compatible devices, data plans, and installing updates. The Services may send you notifications as needed to operate the Services.
• Fees & Taxes. You are responsible for carrier and data charges and applicable taxes from your use of the Services.
• Global Operations. We may process and store information in the United States and other countries. Service availability may be limited in certain locations. During the current rollout, service is unavailable in certain territories, which presently include France.
• Safety & Integrity. We work to protect the safety, security, and integrity of the Services and may take appropriate action against misuse, including enforcement and lawful disclosures.

2. Privacy & User Data

Your privacy matters. Please review the Ciphers Privacy Policy to understand how we collect, use, and share information, your choices, and your rights. Certain communications are end-to-end encrypted; for these, we cannot access message content. For public or discoverable features you choose to use, information may be visible to others.

3. Acceptable Use

You agree to use the Services only for lawful, authorized purposes and in accordance with these Terms and posted policies.

• Do Not: (a) violate others’ rights (privacy, publicity, IP, or other proprietary rights); (b) engage in illegal, abusive, harassing, hateful, or fraudulent behavior; (c) impersonate others or misrepresent your affiliation; (d) send spam, bulk, auto-messaging, auto-dialing, or platform abuse; (e) upload malware or attempt to compromise the Services; (f) scrape, index, or harvest data without permission; (g) reverse engineer, decompile, or create derivative works of the Services except as permitted by law; (h) resell or rent the Services without our prior written consent; (i) bypass rate limits or technical protections; (j) misuse reporting or appeals channels.
• Security. Maintain the security of your account and device. Notify us promptly of suspected unauthorized access.
• Non-personal Use. Non-personal or commercial use may require our written authorization or a separate agreement.

4. Third-Party Services

The Services may interoperate with third-party products (e.g., cloud backups, app stores, payment providers, telecom/PSTN carriers, content delivery, or identity systems). Third-party terms and privacy policies govern those services. We are not responsible for third-party products or services.

5. Intellectual Property & Licenses

• Your Content. You retain your rights to content you submit, upload, store, send, or display through the Services (“User Content”). You must have all rights necessary to do so.
• License to Ciphers (Service Operation Only). To operate and provide the Services (e.g., transmit messages, route live media, store undelivered E2EE messages for limited time, host public spaces, display your profile), you grant Ciphers a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, reproduce, process, adapt, transmit, display, and distribute your User Content solely for operating, improving, and securing the Services and as you otherwise direct through product settings.
• Ciphers IP. We and our licensors own all rights in the Services and related intellectual property. Except for the rights expressly granted to you, no rights are granted by implication. Any use of our brands is subject to our published brand guidelines (if any) and our prior written consent.
• Open Source. Some components may be provided under open-source licenses. In case of conflict, those licenses control for their components.

6. Reporting IP Infringement

If you believe content on the Services infringes your copyright, trademark, or other rights, please send a detailed notice including your contact information, the specific content at issue (URL or in-app location), a statement of good-faith belief, and your signature.

Please see the Notices section for the appropriate mailing and email address.

We may remove or disable access to allegedly infringing content and may suspend repeat infringers, consistent with applicable law.

7. Disclaimers

YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM MALICIOUS CODE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR USERS’ CONTENT OR CONDUCT.

No Emergency Services. The Services do not connect to public safety answering points or emergency providers. Maintain alternative communication methods.

If you are a U.S. resident, you waive California Civil Code §1542 (and similar laws) regarding unknown claims, to the extent permitted by law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIPHERS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) USD $100 OR (B) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow certain limitations; in those cases, the foregoing applies to the fullest extent permitted by law.

9. Indemnification

You will indemnify and hold harmless Ciphers and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms or applicable law; or (d) your infringement or misappropriation of third-party rights.

10. Dispute Resolution

Governing Law. Except as preempted by U.S. federal law, these Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.

Time to Bring Claims. Any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim accrues, or be permanently barred, to the maximum extent permitted by law.

If you are located in the United States or Canada, the Special Arbitration Provision applies. Otherwise, unless prohibited by law, you agree that the state and federal courts located in Los Angeles County, California will have exclusive jurisdiction for disputes not subject to arbitration, and you consent to personal jurisdiction and venue there.

11. Availability & Termination

• Service Changes. We may modify, suspend, or discontinue the Services or any feature at any time, including for maintenance, upgrades, or force majeure events.
• Account Actions. We may suspend or terminate your access for violations of these Terms or policies, unlawful or harmful conduct, inactivity, or to protect users or the Services. Certain sections of these Terms survive termination (including Sections 5–13).

12. Other Terms

• Entire Agreement. These Terms (plus any supplemental terms we designate and our Privacy Policy) are the entire agreement between you and us regarding the Services.
• Changes. We may update these Terms. We will indicate the Effective Date above and, if changes are material, provide appropriate notice. Continued use after changes means you accept the updated Terms. If you do not agree, you must stop using the Services and delete your account.
• Assignment. We may assign these Terms and our rights and obligations to affiliates, a successor, or in connection with a merger, acquisition, restructuring, asset sale, or by operation of law. You may not assign these Terms without our prior written consent.
• Export & Sanctions. You must comply with applicable export control and sanctions laws. You may not use or access the Services in embargoed or sanctioned countries or by prohibited parties.
• Severability; Waiver. If a provision is invalid or unenforceable, it will be enforced to the maximum extent possible and the remainder will remain in effect. Our failure to enforce a provision is not a waiver.
• Language. These Terms are in English (U.S.). Translations are for convenience; the English version controls.
• Feedback. You have no obligation to provide feedback, but if you do, we may use it without restriction or compensation.
• Contact. For questions, Please see the Notices section for the appropriate mailing and email address.

13. Special Arbitration Provision for U.S. & Canada Users

Please read carefully: If you are located in the United States or Canada, you and Ciphers agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) through binding individual arbitration and not in court, except for (A) disputes relating to intellectual property rights or unauthorized access/interference with the Services, and (B) claims that may be brought in small-claims court (“Excluded Disputes”). Class actions and class arbitrations are not permitted.

• Arbitration Rules & Forum. The arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable rules, before a single arbitrator. Issues of arbitrability are for a court to decide. The arbitrator may award relief individually (including injunctive relief) consistent with applicable law.
• Location & Fees. The arbitration will take place in Los Angeles County, California, or another location we mutually agree to, or by video/telephone where appropriate. AAA rules govern fees and cost allocations.
• Pre-Arbitration Notice. Before starting arbitration, the party seeking arbitration must send a written Notice of Dispute with their name, contact information, account identifier, a description of the dispute, and requested relief. Please see the Notices section for the appropriate mailing and email address. If the dispute is not resolved within 60 days, either party may commence arbitration.
• Opt-Out. You may opt out of this arbitration agreement by mailing a signed opt-out notice within 30 days after you first accept these Terms. Please see the Notices section for the appropriate mailing and email address. Include your name, address, and the phone number or email associated with your account. If you opt out, the Dispute Resolution section (courts in Los Angeles County, California) applies.
• No Class Actions. Each party may bring claims only in its individual capacity, not as a class member or representative. If a court finds the class-action waiver unenforceable for a claim, that claim must proceed in court, not arbitration.
• Federal Arbitration Act. This arbitration provision is governed by the U.S. Federal Arbitration Act.

14. Notices

All legal notices, requests, or communications regarding these Terms, including matters related to arbitration, intellectual property, or account inquiries, must be sent to:

We may update this contact information by posting a revised version of this section. Any notices sent to the most recently published address or email will be considered properly delivered.