Terms of Service and End User License Agreement

These terms are an agreement between you and ENACCS Communications Inc., a Florida corporation ("ENACCS", "we", "us"), the owner of the DATARMA apps for Windows, Mac, iPhone, iPad and Android (the "App") and the DATARMA Cloud service (the "Service"). By installing or using the App or the Service, you agree to these terms. If you do not agree, do not use them.

If you got the App from Apple's App Store, Google Play or the Microsoft Store, that store's terms also apply. Section 14 has extra terms for Apple users.

1. License

While your subscription (or free trial) is active, we give you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your own personal use or your organization's internal business use. The App is licensed, not sold.

2. Subscription, billing and cancellation

The DATARMA subscription costs US$7.00 per month (plus any tax) and includes the App on all your devices and 5 GB of DATARMA Cloud storage. Extra storage is US$5.00 per month for each additional 5 GB. Prices outside the United States may differ and are shown before you buy.

You are billed through the store or payment service you subscribed with (Apple, Google, Microsoft or our payment partner Paddle.com, which acts as reseller and merchant of record for purchases on our website). Your subscription renews automatically each month at the then-current price until you cancel. Cancel at least 24 hours before the renewal date in your store account settings, or in the App for website purchases. You keep access until the end of the paid period. Refunds follow the rules of the store or service you paid through; where we handle a refund ourselves, we will refund a first payment requested within 14 days.

If we offer a free trial, you will not be charged if you cancel before it ends. We will give you advance notice of price changes as required by law and store rules.

A DATARMA Cloud account is created when you subscribe. If your subscription ends, your cloud backups are kept for 60 days so you can restore them or subscribe again; after that they are permanently deleted. Files on your own devices and drives are never affected.

3. Your account

You must be at least 13 years old (or the age of digital consent in your country) to use DATARMA, and old enough to form a contract where you live or have a parent's or guardian's permission. Keep your password, recovery key and authenticator device safe; you are responsible for activity in your account. You can delete your account at any time in the App (Settings › Delete my account) or by emailing support@enaccs.com.

4. Your files and encryption

Your files belong to you. DATARMA encrypts your files on your own device before they are stored in a backup or sent to DATARMA Cloud. We cannot see your files, their names, your password, your recovery key or the codes for your shared vaults. Because of this, if you lose both your password and your recovery key, neither we nor anyone else can recover your encrypted files.

You give us only the permission needed to store and transfer your encrypted files for you. You are responsible for having the right to store and share the files you put in DATARMA.

5. Acceptable use

You will not use DATARMA to store or share unlawful content, content that infringes others' rights or material that exploits children; to attack, overload or probe the Service; to share your account; or to resell the Service. We may suspend accounts that break these rules or the law, and we will report child sexual abuse material to the authorities as the law requires.

6. Restrictions

You may not copy, modify, reverse engineer, decompile or disassemble the App (except where the law allows it despite this restriction), remove notices, rent or resell it, or use it to build a competing product.

7. Backups are your responsibility to check

DATARMA helps you back up, organize, de-duplicate and protect files, but no software is perfect. Features that move, lock or delete files act on your instructions. Keep more than one backup of important data and check your backups regularly.

8. Ownership

The App, the Service, their code and design, and the DATARMA name and logo are owned by ENACCS Communications Inc. and protected by copyright, trademark and other laws. DATARMA™ and the vault-wheel logo are trademarks of ENACCS Communications Inc. Everything not expressly licensed is reserved. If you send us feedback, we may use it without obligation to you.

9. Changes, updates and ending the agreement

We may update the App and the Service and change these terms. We will tell you about material changes in the App or by email at least 30 days before they take effect; continuing to use DATARMA after that means you accept them. This license ends if your subscription ends or you break these terms. You may stop using DATARMA at any time. Sections 4, 6–8 and 10–13 survive.

10. No warranty

TO THE EXTENT ALLOWED BY LAW, THE APP AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WITHOUT ANY GUARANTEE THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limit of liability

TO THE EXTENT ALLOWED BY LAW, ENACCS IS NOT LIABLE FOR LOST DATA, LOST PROFITS, OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, AND OUR TOTAL LIABILITY FOR ALL CLAIMS IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. Some places do not allow these limits, so they may not apply to you.

12. Disputes and governing law

These terms are governed by the laws of the State of Florida and applicable U.S. federal law. Please contact us first at support@enaccs.com; most concerns can be solved quickly. Any dispute that cannot be solved informally will be decided in the state or federal courts located in Collier County, Florida, and you and we consent to their jurisdiction, except that either of us may bring a claim in small-claims court where eligible. If you live in the European Union or the United Kingdom, you also keep the protection of the mandatory laws of your country.

13. Export and general

You will follow U.S. and other applicable export laws and will not use DATARMA in an embargoed country or if you are on a U.S. government restricted-party list. These terms are the entire agreement about DATARMA between you and us. If any part is unenforceable, the rest stays in effect. We may assign these terms to a successor; you may not assign them without our consent.

14. Extra terms for Apple users

These terms are between you and ENACCS only, not Apple. Apple has no obligation to provide maintenance or support for the App. If the App fails to meet any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); Apple has no other warranty obligation. Apple is not responsible for any product claims, legal-compliance claims or intellectual-property claims about the App; ENACCS is. You confirm you are not in an embargoed country or on a U.S. restricted-party list. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. Your use must also follow Apple's Usage Rules.

Contact

ENACCS Communications Inc. · 7901 4th Street North, Suite 300, St. Petersburg, Florida 33702, USA · support@enaccs.com · enaccs.com/datarma