Terms of Service

These Terms of Service ("Terms") are an agreement between you and TOUCHEVER sp. z o.o., ul. 3 Maja 5/34, 41-300 Dąbrowa Górnicza, Poland, KRS 0000694587, NIP 6292482597 ("we", "us", "our"). They govern your use of Future Message — the website at futuremsg.app, the app at go.futuremsg.app and the emails we send (together, the "Service").

By creating an account, you agree to these Terms and confirm that you have read our Privacy Policy. If you don't agree, please don't use the Service.

1. What Future Message is

Future Message lets you record audio or video messages ("capsules") and have them delivered to people you choose at a time you choose. Messages are end-to-end encrypted on your device: we store them, but we cannot open them.

2. Beta

The Service is currently in beta. That means:

• it is still being built, and features may change, be limited or be removed;
• it may be unavailable at times, and errors may occur;
• we do not guarantee that your messages or other data will be preserved. Messages may be lost, or may not be delivered, including because of changes we make to the Service during the beta;
• the Service may end. If we decide to shut it down, we will try to tell you by email at least 30 days in advance.

Please don't rely on the Service, during the beta, as the only copy of anything that matters to you.

3. Who can use the Service

You must be at least 13 years old to use the Service. If you are under 18, or under the age of majority where you live, you may use it only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf.

You may not use the Service if the law prohibits you from doing so, including under applicable sanctions laws.

4. Your account

• Give us an email address that you own and can access. It is how we reach you, and how we confirm who you are when you write to us.
• Keep your password and your Recovery Key safe, and don't share your account. You are responsible for what happens under your account.
• Tell us at info@touchever.com if you believe someone else has accessed your account.

Your password and Recovery Key

Because your messages are encrypted with keys only you hold, we cannot reset your access to them.

• If you lose both your password and your Recovery Key, and you have no trusted contacts set up, your messages — the ones you created and the ones sent to you — can no longer be opened, by you or by us.
• If you regain access through trusted contacts, your account receives new encryption keys. Messages that were sealed to you before that can then no longer be opened.

We are not responsible for losses resulting from lost passwords or Recovery Keys.

5. Messages and delivery

• You choose the recipients and the delivery date. Recipients need a Future Message account to receive a message. If they don't have one, we send them an invitation on your behalf.
• Delivery. We deliver a message on or after the date you choose. We do not promise delivery at an exact minute, or at all if the Service is unavailable or has ended (see section 2).
• Date-locked messages. Some messages can be opened only after the public drand network publishes a value for their date. We don't operate that network. If it is unavailable, those messages cannot be opened until it is available again — and if it stops permanently, possibly never.
• Limits. The Service limits, among other things, how many messages you can create, how long a recording can be, and how far ahead a message can be scheduled. Current limits are shown in the app and may change.
• Changes after sealing. Once a message is sealed, its content cannot be changed. You can delete a message before it is delivered; after delivery, you can no longer delete it from your recipients' accounts, except by closing your account (section 10).
• Not for urgent or legal matters. The Service is not a substitute for a will, a legally binding instruction, or a way to deliver anything time-critical — such as emergency information, legal notices or deadlines. A message is not proof that something was said or received.

6. Your content

• It's yours. You keep all rights to the messages you create.
• What you allow us to do. You give us a worldwide, non-exclusive, royalty-free license to store, copy and transmit your messages in encrypted form, solely to provide the Service to you and your recipients. The license ends when the messages are deleted from the Service.
• What you promise. You have the rights needed to record and send your content — including the consent of anyone recorded where the law requires it — and your content and its delivery do not break the law or these Terms.
• Your responsibility. Because we cannot see your messages, we do not review or moderate them. You alone are responsible for what you send and to whom.

7. Acceptable use

You agree not to use the Service to:

• send anything illegal, including content that sexually exploits children, threatens violence, or infringes someone else's rights;
• harass, stalk, threaten or intimidate anyone, or send messages to people who have asked not to receive them;
• send spam or unsolicited invitations, or invite people whose email address you are not entitled to use;
• impersonate anyone or misrepresent who you are;
• interfere with the Service or its security — for example, by probing or testing vulnerabilities without our permission, overloading it, or bypassing its limits;
• access the Service through automated means, or resell it, without our written permission.

Recipients can decline an invitation and block a sender. If you believe someone is misusing the Service, write to us at info@touchever.com.

8. Price

The Service is currently free. We plan to introduce paid plans. Before anything you use becomes paid, we will tell you in advance, and we will never charge you without your explicit agreement. Paid plans will come with their own terms of purchase.

9. Our intellectual property

The Service — its software, design, name and logo — belongs to us or our licensors. These Terms give you a personal, non-transferable right to use the Service as intended; they don't give you any other rights in it.

If you send us feedback or ideas, we may use them without any obligation to you.

10. Ending your use

• You can stop using the Service at any time, and ask us to close your account by writing to info@touchever.com from the email address on the account. Closing an account deletes the messages you created, including messages already delivered, as described in our Privacy Policy.
• We may suspend or close your account if you seriously or repeatedly break these Terms, if the law requires it, or to protect other users or the Service. Unless the law or security reasons prevent it, we will tell you why and give you a chance to respond.
• If the Service ends, these Terms end with it (see section 2).

Sections 6 (license, until deletion), 9, 11, 12 and 14 continue to apply after these Terms end.

11. Disclaimers

To the extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind — express or implied — including warranties of merchantability, fitness for a particular purpose, non-infringement, and that the Service will be uninterrupted, secure, error-free, or that any message will be preserved or delivered.

Some jurisdictions don't allow some of these exclusions, so some may not apply to you.

12. Limitation of liability

To the extent permitted by law:

• we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, messages, profits or goodwill, arising from or related to the Service;
• our total liability for all claims related to the Service is limited to the greater of the amount you paid us in the 12 months before the claim, and USD 50.

These limits do not apply to liability that cannot be limited by law, such as liability for intentional misconduct or, where applicable, gross negligence.

13. Indemnity

To the extent permitted by law, you agree to compensate us for claims, losses and costs (including reasonable legal fees) that arise from your content or from your breach of these Terms or of the law.

14. Governing law and disputes

These Terms are governed by the laws of Poland. Disputes will be resolved by the courts having jurisdiction over our registered office. This does not take away the protection given to you by the mandatory consumer protection laws of the country or state where you live, or your right to bring a claim in its courts where those laws allow it.

Before bringing a claim, please write to us at info@touchever.com — most issues can be resolved that way.

15. Changes to these Terms

We may update these Terms. If a change is material, we will tell you by email at least 30 days before it takes effect, unless the change is required by law or needed urgently for security. If you continue to use the Service after a change takes effect, you accept the updated Terms. If you don't agree, you can close your account.

16. Other terms

• Emails. You agree to receive the emails the Service needs in order to work (see the Privacy Policy, section 9). They are part of the Service and cannot be turned off.
• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Service.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
• No waiver. If we don't enforce a provision, we are not giving up the right to enforce it later.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours in connection with a merger, acquisition or sale of assets.
• Language. These Terms are written in English. If they are translated, the English version prevails, to the extent permitted by law.

17. Contact

TOUCHEVER sp. z o.o., ul. 3 Maja 5/34, 41-300 Dąbrowa Górnicza, Poland
info@touchever.com