CryptPeer® is collaborative security and encryption software designed, developed and technologically operated by Freemindtronic, a company established in the Principality of Andorra, specialising in cybersecurity, safety and protection of sensitive data.
CryptPeer® incorporates encryption technologies that may be subject to national and international regulations on dual-use goods and technologies.
Marketing, distribution and invoicing of CryptPeer® licences are carried out by FullSecure Andorra, directly or through duly authorised official partners, whose list is available on the official website https://cryptpeer.com, in particular at https://cryptpeer.com/en/#partners.
Official reference in CryptPeer®: this page, published at the stable URL https://cryptpeer.com/en/software-use-license-terms-cryptpeer.html, is the text users must be able to review before certifying that they have read it in the context of a licence request and licence activation in the software. Proof, timestamping and signature mechanisms may rely on the software’s chain of trust, including in particular the HSM PKI TMP module built into CryptPeer®, as described in Sections 4, 7 and 11.
1. Purpose
These general terms define how licences to use the CryptPeer® software, together with related services and materials, are provided to the Customer, and the conditions under which the Customer is permitted to use that software.
Purchasing a licence and using the software implies full, complete and unreserved acceptance of these terms.
2. Identification
The CryptPeer® software is designed, developed and technologically operated by Freemindtronic, whose registered office is at:
Av. Copríncep de Gaulle, núm. 13
Edifici Valira – Planta Baixa
AD700 Escaldes – Engordany
Principality of Andorra
Marketing, distribution and invoicing of licences and related services are carried out by FullSecure Andorra or its duly authorised official partners.
“Customer” means any natural or legal person acquiring a licence to use the CryptPeer® software.
3. Nature of the right of use
The CryptPeer® licence grants the Customer a personal, non-exclusive, non-transferable right to use the software, for a term determined under the applicable commercial conditions.
This right is strictly limited to authorised use and does not confer any ownership rights. The software and all related technologies, concepts and mechanisms remain at all times the exclusive property of Freemindtronic.
4. Licence activation, security and integrity
Use of the software is subject to activation of a licence by means of a secure digital file generated by the ShardSign licence management system.
This file, in JSON format and signed using cryptographic mechanisms, contains the licence parameters, the rights granted and the validity period.
The ShardSign system is an essential element of security, traceability and integrity. Licence files, signatures, cryptographic fingerprints and related data help ensure authenticity, integrity and non-repudiation of generated materials.
Any alteration, modification, forgery or attempt to circumvent these mechanisms shall automatically invalidate the licence, without prejudice to any legal action.
The licence file is the sole technical source of truth enforceable with respect to the rights granted.
Where the software provides for it, acceptance of these terms, activation requests or binding to the licence may be strengthened by signatures or attestations created using the HSM PKI TMP module present in CryptPeer®, in accordance with the technical and security procedures described by the publisher.
5. User capacity — User Capacity Tokens (UTC)
5.1 Principle and scope of User Capacity Tokens (UTC)
The licence may be supplemented by additional units called User Capacity Tokens (UTC), which increase the number of users authorised to access the CryptPeer® software.
These units are inseparable from the main licence to which they are attached, cannot be used independently and remain subject to the same validity conditions as that licence. Their validity is strictly aligned with that of the main licence and may not, under any circumstances, exceed it.
5.2 Authorised users and Customer responsibility
Within the limits of the rights granted by the licence and the UTC purchased, the Customer may allow third-party users to access the CryptPeer® software.
These users (“authorised users”) act under the exclusive responsibility of the Customer. Accordingly, the Customer remains solely responsible for granting access, managing credentials and authorisations, ensuring that all authorised users comply with these terms, and for any use of the software through accounts or access the Customer has created or made available.
5.3 Obligations of authorised users
The Customer undertakes to inform authorised users of all obligations arising from these terms, in particular lawful use of the software, regulatory compliance, access security and compliance with applicable laws.
The Customer warrants that authorised users comply with all such obligations. Any breach by an authorised user is deemed to have been committed by the Customer itself, without prejudice to any personal liability of the user concerned.
5.4 Prohibition of transfer and non-compliant use
The Customer shall not assign, lease, lend or transfer access rights to the software outside the strict framework of authorised users defined by UTC. The Customer shall also not allow uncontrolled or anonymous access to the software, nor organise collective use that does not comply with the licence limits.
Any breach of these provisions may result in suspension, limitation or invalidation of the licence, without prejudice to any other measure or action.
5.5 Traceability, identification and regulatory compliance
The Customer undertakes to maintain sufficient traceability to identify authorised users with access to the software. In regulated contexts, in particular encryption technology or dual-use goods, the Customer must be able to justify each user’s identity, role and access scope.
Where authorised users access features subject to specific regulations, the Customer ensures they hold necessary authorisations, that their access complies with applicable laws and that their use complies with regulatory obligations. The Customer bears full responsibility for any non-compliance related to use of the software by its authorised users.
5.6 Administrators and super-administrators
The Customer may designate one or more users with extended administration rights, including management of users, access, security settings and configuration of the CryptPeer® software.
These users (“administrators” or “super-administrators”) have technical privileges allowing them to act on all or part of the system. The Customer acknowledges that these roles are highly sensitive and therefore undertakes to designate duly authorised, competent persons, to implement appropriate security measures to protect these accesses and to manage rights and authorisations rigorously.
Any action performed through an administrator or super-administrator account is deemed carried out under the Customer’s responsibility. The Customer bears full responsibility for operations performed through these accounts, consequences of misconfiguration and any incident resulting from inappropriate use or failure to secure these accesses. Freemindtronic and FullSecure shall not be liable for consequences related to use of administrative privileges by the Customer or its authorised users.
5.7 Segregation of duties
The Customer acknowledges that use of CryptPeer® implies a clear distinction of roles and responsibilities between the Customer as licence holder, administrators and super-administrators responsible for technical and functional management, and authorised users accessing the software within the rights assigned to them.
The Customer bears overall responsibility for organising, allocating and controlling these roles. Administrators and super-administrators act under the Customer’s responsibility for any operation related to access management, system configuration, implementation of security settings and general administration of the software.
Authorised users remain responsible for their use of the software within the rights assigned to them, without prejudice to the Customer’s liability. The Customer remains solely responsible for any failure in role allocation, access management or user oversight.
Freemindtronic and FullSecure shall not be liable for consequences resulting from the Customer’s poor internal organisation of responsibilities.
6. Financial terms and distribution
CryptPeer® licences and related services are invoiced exclusively by FullSecure Andorra or its duly authorised official partners, as referenced on the official website https://cryptpeer.com.
Any acquisition or use of licences outside the official distribution channel may result in suspension or invalidation of the associated usage rights.
Prices are stated in euros and may include Andorran indirect tax (IGI) at the rate applicable under current regulations.
For Customers located outside the Principality of Andorra, it is the Customer’s responsibility to comply with all tax, customs and regulatory obligations applicable in its country, including payment of any taxes and duties due.
Use of an official partner does not extend licence rights beyond those expressly granted to the Customer.
Any request for a licence or additional capacity (UTC), when validated by the Customer or an authorised representative, constitutes a firm and final order.
The Customer acknowledges that such a request binds the Customer and may give rise to invoicing, regardless of actual use of the software.
7. Prior acceptance and evidence
From any licence request made from the CryptPeer® software, the user or authorised Customer must certify that they have read this document (official URL: https://cryptpeer.com/en/software-use-license-terms-cryptpeer.html) before any licence activation. This requirement applies from the request stage and remains enforceable in accordance with this Section.
On first commissioning of the software, the Customer or authorised user must also expressly accept these terms and the legal provisions associated with use of the software.
Acceptance of these terms is technically enforced within the software and is a mandatory precondition to licence activation. No licence activation or use of the software is possible without this prior acceptance.
This acceptance is recorded, time-stamped and retained for evidentiary purposes by technical means that ensure its integrity, which may include a signature or attestation created through the HSM PKI TMP module built into CryptPeer® when that feature is enabled.
Without acceptance, access to the software is technically blocked.
The Customer acknowledges that these general terms are available at all times to all authorised users of the CryptPeer® software, including users with access rights under User Capacity Tokens (UTC).
The Customer undertakes to ensure that each authorised user reads these terms and accepts them before any use of the software.
This acceptance may be collected by any technical means that ensures traceability and integrity, in particular on first login or when activating access.
These terms are enforceable against all authorised users, who are deemed to have accepted them when they access the software.
Acceptance of these terms may be technically linked to the licence issued, in particular by integrating a cryptographic fingerprint of the version of the terms accepted into licence files or related signature mechanisms.
The Customer acknowledges that this association helps establish an enforceable link between the usage rights granted and the version of the terms accepted.
8. Installation and modes of operation
8.1 Standalone, assisted and pre-installed deployment
The CryptPeer® software may be installed, deployed and operated directly by the Customer on its own equipment, without intervention by Freemindtronic, FullSecure or their partners.
The Customer acknowledges that this ability to install autonomously is an essential characteristic of the software, contributing to its portability and infrastructure independence. The Customer therefore assumes full responsibility for installation, configuration, integration and proper operation of the software in its technical environment.
The CryptPeer® software may also be subject to installation, integration or deployment services performed by FullSecure or official partners, in particular on servers, cloud infrastructure, VPS or any other Customer environment. Such hosting environments may be implemented, configured and tested in collaboration with official FullSecure partners, as referenced on the official CryptPeer® website. These services are subject to separate contractual terms.
Furthermore, CryptPeer® software may be supplied pre-installed on computing equipment offered by official FullSecure partners, tested and validated by Freemindtronic laboratories. In that case, installation is carried out in advance by FullSecure or its partners.
The Customer acknowledges that, regardless of deployment mode, it remains responsible for operating the software in its environment, in particular configuration, security, access, updates and use.
Unless expressly agreed otherwise under a specific service, Freemindtronic and FullSecure shall not be liable for malfunctions, incompatibilities or incidents resulting from the Customer’s technical environment, infrastructure or use of the software.
Such equipment constitutes technical media distinct from CryptPeer® software and does not, by itself, guarantee overall system performance, which depends in particular on the Customer’s environment, configuration and uses.
These partners act as independent service providers and, where applicable, under their own contractual obligations to the Customer.
8.2 Modes of operation
The Customer may choose to operate the software in an environment connected to open networks, including the Internet, or in an isolated environment, in particular via private networks or VPN solutions.
In an isolated environment, no Internet connection is required to use the software. The Customer acknowledges, however, that CryptPeer® update mechanisms require an Internet connection and cannot be performed in isolated mode.
Accordingly, access to updates, security patches and software enhancements is conditional on an active network connection at the time of deployment.
The Customer acknowledges that the software can run in a local environment, including via private network infrastructure or VPN solutions implemented under its responsibility, but that this mode of operation may limit access to updates and enhancements.
The Customer may temporarily restore an Internet connection to perform necessary updates before returning to isolated operation.
8.3 Supplementary network infrastructure
Where CryptPeer® is used for real-time communication features, including WebRTC-type technologies, the Customer may need to deploy and configure supplementary network infrastructure, including TURN or STUN servers.
The Customer acknowledges that such infrastructure is external to CryptPeer® and is solely its responsibility, in particular deployment, configuration and securing of these services, availability, performance and resilience of communications, and compliance with applicable network and telecommunications regulations.
Freemindtronic and FullSecure shall not be liable for malfunctions, limitations or interruptions related to such external infrastructure, nor for consequences of misconfiguration or unavailability.
8.4 Scope of this Section
This Section describes exclusively the technical modalities of installation and operation, without prejudice to liability provisions set out in Section 12.
9. Liability for the environment
This Section defines the Customer’s liability for its technical operating environment, without prejudice to the general liability provisions in Section 12.
The Customer assumes full responsibility for its IT architecture, level of security implemented, access management and consequences of its technical choices, in particular in case of missing or delayed updates.
Freemindtronic and FullSecure shall not be liable for consequences resulting from such choices, except where mandatory law provides otherwise.
10. Applicable regulations and export controls
CryptPeer® software may be subject to national and international regulations applicable to encryption technologies and dual-use goods, including European Union provisions and United States regulations such as the Export Administration Regulations (EAR), without this list being exhaustive.
The Customer acknowledges that export, re-export, making available, transfer or use of the software may require prior authorisation or filing with competent authorities.
The Customer undertakes to comply with all applicable regulations, not to export or re-export the software in violation of applicable laws, not to make the software available to persons or entities subject to international sanctions and not to use the software in embargoed jurisdictions.
The Customer bears full responsibility for compliance with these obligations.
The Customer further undertakes not to make the software available indirectly, in particular through intermediaries, shell structures or technical devices intended to circumvent applicable export control regulations.
The Customer acknowledges that supply of the software is not conditional on prior compliance validation by Freemindtronic or FullSecure where the Customer acts as importer, user or distributor and assumes responsibility for compliance with regulations applicable in its jurisdiction.
Accordingly, delivery or activation of the software may not be interpreted as regulatory compliance validation by Freemindtronic or FullSecure.
11. Traceability, audit and evidence
Materials delivered to the Customer, including in particular licences, documents or invoices, may bear visible or embedded digital signatures, including verification mechanisms such as cryptographic fingerprints or validation codes.
These materials allow the Customer or any authorised third party to verify the authenticity and integrity of delivered documents.
11.1 General principles of traceability and evidence
CryptPeer® incorporates logging, traceability, time-stamping and cryptographic signature mechanisms to help ensure integrity of operations performed.
Licence files, technical logs, digital signatures, cryptographic fingerprints and related data are deemed to constitute reliable and enforceable evidence, except upon proof to the contrary.
These materials may be used in internal controls, technical or regulatory audits, and in any judicial or administrative proceeding.
11.2 Enhanced technical evidence and fingerprint of contractual terms
In a logic of security, integrity and advanced traceability, CryptPeer® software and the ShardSign licence management system may incorporate mechanisms associating a cryptographic fingerprint of these general terms with technical licence elements.
This fingerprint, computed as a hash function, may be integrated into JSON licence files, signature manifests or any other technical element related to activation or use of the software.
The Customer acknowledges that this fingerprint helps establish a technical link between the version of the terms accepted and the usage rights granted.
The Customer acknowledges that signature and verification mechanisms implemented constitute reliable means of evidence within the meaning of applicable regulations on electronic evidence.
11.3 Enforceability and admissibility of technical elements
Accordingly, this fingerprint constitutes additional evidence of acceptance of the terms applicable at a given time.
The Customer accepts that these mechanisms may be used to demonstrate integrity, priority in time and enforceability of these terms in any dispute or proceeding.
Except upon proof to the contrary by the Customer, these technical elements are deemed reliable, intact and admissible as a mode of proof, including within the meaning of requirements applicable to electronic evidence.
12. Liability
12.1 General principles of liability
This Section constitutes the general and overriding liability framework applicable to these terms as a whole.
CryptPeer® software is a technical security and encryption tool; its use is solely the Customer’s responsibility. The Customer is responsible for configuration of the software, its use, user management and compliance with applicable laws and regulations.
Freemindtronic and FullSecure shall not be liable for damage resulting from non-compliant, inappropriate use or use contrary to applicable regulations, except where mandatory law provides otherwise.
The Customer acknowledges that operation of CryptPeer® may depend on third-party components, software or libraries, as well as operating systems or external environments.
Freemindtronic and FullSecure shall not be liable for failures, vulnerabilities or incompatibilities affecting such third-party elements.
12.2 Lawful use of the software
The Customer undertakes to use CryptPeer® in strict compliance with applicable laws and regulations, both nationally and internationally.
The Customer expressly prohibits any use of the software for unlawful, fraudulent or contrary-to-public-order purposes, including in particular any use intended to harm the security, integrity or operation of computer systems, networks or data, any use in connection with criminal offences including cybercrime, espionage, fraud, money laundering or attacks on automated data processing systems, any use in violation of regulations on export controls, dual-use technology or international sanctions, any use for unlawful surveillance or infringement of fundamental rights, privacy or individual liberties, and any use in contexts prohibited by applicable laws, including in particular activities related to terrorism, criminal organisations or activities subject to international sanctions.
The Customer acknowledges that it is solely responsible for its use of the software and the consequences thereof. In case of breach of these provisions, Freemindtronic and FullSecure reserve the right to suspend or terminate the licence ipso jure, without prejudice to any judicial or administrative action.
The Customer acknowledges that any use of the software in violation of these provisions may incur civil and criminal liability, including before competent courts in states where the software is used.
12.3 Sensitive use — defence, security and intelligence
The Customer is informed that CryptPeer®, because of its security and encryption features, may be used in sensitive contexts, including in particular defence, national security or intelligence.
Any use of the software in such contexts is strictly subject to compliance with applicable laws and regulations, including those relating to encryption technology, dual-use goods, export controls and security activities.
The Customer undertakes not to use, directly or indirectly, the software in connection with offensive military activities contrary to applicable international commitments, in connection with surveillance, interception or intelligence operations conducted in violation of applicable laws or fundamental rights, or in connection with activities involving entities or organisations subject to international sanctions or acting in violation of export control regimes.
Where use of the software occurs in a defence, security or intelligence context, the Customer declares that it holds all required legal, regulatory or administrative authorisations and acts under its sole responsibility.
Freemindtronic and FullSecure shall not be liable for use of the software in such contexts where such use falls exclusively within the Customer’s choices and obligations.
The Customer acknowledges that any use of the software in a sensitive context may be subject to specific compliance, traceability and control obligations, which it bears alone.
12.4 No assistance and refusal of support
Freemindtronic and FullSecure reserve the right to refuse, suspend or limit any technical assistance, maintenance, support or service related to CryptPeer® where there are reasonable grounds to believe the software is used in violation of applicable laws or regulations, in contradiction with these terms, or in a context likely to harm security, public order or fundamental rights.
The Customer acknowledges that technical assistance is a service distinct from the right of use and may be suspended without, in principle, affecting licence validity, except in case of serious breach of these terms.
Where CryptPeer® is used in sensitive contexts, including in particular defence, security or intelligence, Freemindtronic and FullSecure also reserve the right to refuse any support, assistance or technical intervention where applicable legal, regulatory or administrative conditions are not met, necessary authorisations cannot be justified by the Customer, or use of the software appears incompatible with applicable compliance obligations.
Such refusal of support shall not incur liability for Freemindtronic or FullSecure where it is based on legal, regulatory or compliance considerations.
12.5 Suspension, termination and cooperation with authorities
Freemindtronic and FullSecure reserve the right to suspend or terminate ipso jure, without notice or compensation, all or part of the rights to use CryptPeer® in case of identified legal risk.
Legal risk includes in particular any situation in which there are serious grounds to believe the software is used in violation of applicable laws or regulations, exposure to national or international sanctions, or use likely to incur civil or criminal liability for Freemindtronic or FullSecure.
Suspension or termination may occur on a protective basis, without it being necessary to establish definitively that a breach occurred.
Freemindtronic and FullSecure may also comply with any legal or regulatory obligation requiring disclosure of information to competent authorities. In exceptional cases, and where the law requires or permits, strictly necessary information may be transmitted to competent administrative or judicial authorities, in particular in criminal investigations, national security proceedings or regulatory compliance checks.
The Customer acknowledges that such transmission may occur without prior notice where applicable regulations so require.
12.6 Isolated environment, customer compliance and security mechanisms
The Customer acknowledges that CryptPeer® licences may be used in isolated “air gap” environments that do not allow real-time verification. In that context, Freemindtronic and FullSecure reserve the right to refuse renewal of a licence, suspend rights attached to an existing licence at expiry or limit certain features, in particular in case of non-compliance with these terms, risk of non-compliance or lack of elements allowing verification of legitimate use.
Non-renewal of a licence shall not give rise to compensation.
In the course of distributing CryptPeer® licences, Freemindtronic, FullSecure or their partners may carry out checks relating to the Customer’s identity, activity, location or regulatory status. These checks may include “Know Your Customer” (KYC) measures, in particular where required by applicable regulations on security, export or combating illicit activities.
The Customer undertakes to provide accurate, complete and up-to-date information. In case of refusal to cooperate, inaccurate information or inability to verify the Customer’s compliance, Freemindtronic and FullSecure reserve the right to refuse to supply the software, suspend services or not renew the licence.
Under their security, compliance and risk-management obligations, CryptPeer® may incorporate technical mechanisms allowing automatic limitation, suspension or restriction of certain usage rights attached to a licence, in particular in case of detected alteration of licence files or related cryptographic elements, inconsistency in activation or integrity parameters, manifestly non-compliant use of these terms, or identified risk regarding security or regulatory compliance.
The Customer acknowledges that these mechanisms constitute a legitimate protective measure to safeguard system integrity, security of use and compliance with legal obligations. Activation of these mechanisms shall not incur liability for Freemindtronic or FullSecure where justified by technical, security or compliance considerations.
The Customer expressly acknowledges and accepts that these mechanisms are an essential condition of the licence and a legitimate compliance measure, implementation of which may not be characterised as abusive termination nor give rise to compensation.
12.7 Logging, regulatory restrictions and limitation of liability
Where CryptPeer® is used in sensitive contexts, including in particular defence, security, intelligence or activities subject to specific regulation, the Customer undertakes to implement appropriate logging, traceability and retention mechanisms for usage data.
These mechanisms must allow, in compliance with applicable laws, tracing of operations performed, identification of authorised users, retention of elements needed to demonstrate compliance of use and, where applicable, response to requests from competent authorities.
The Customer acknowledges that lack of appropriate logging in such contexts may incur its exclusive liability. Freemindtronic and FullSecure shall not be liable for traceability failures attributable to the Customer.
The Customer is further informed that supply, export, re-export or use of CryptPeer® may be subject to restrictions, authorisations or prohibitions under applicable national or international regulations, in particular on export controls, encryption technology or dual-use goods.
Accordingly, Freemindtronic and FullSecure shall not be liable for refusal of export or re-export authorisation, limitation or prohibition of use imposed by a competent authority, regulatory blockage affecting delivery, activation or use of the software, or any consequence of application of international sanction measures. The Customer acknowledges that these situations fall exclusively within applicable regulatory frameworks and may not give rise to any compensation or liability on the part of Freemindtronic or FullSecure.
To the fullest extent permitted by applicable law, the total liability of Freemindtronic and FullSecure, for all causes combined, is strictly limited to amounts actually paid by the Customer for the relevant licence during the twelve (12) months preceding the occurrence of the event giving rise to liability.
In no event shall Freemindtronic or FullSecure be liable for indirect, intangible or consequential damages, even if the possibility of such damages was brought to their attention, including in particular any loss of data, loss of business, loss of revenue or profit, harm to image or reputation, or business interruption. Direct damages, if any, are strictly limited as set out in this Section.
This limitation applies to the fullest extent permitted by applicable law, except in case of gross negligence, wilful misconduct or any other case where such limitation is legally excluded.
Any liability action against Freemindtronic or FullSecure must be brought within a maximum period of twelve (12) months from the occurrence of the event giving rise to liability.
The provisions of this Section prevail over any other liability clause in these terms, including those relating to installation and the technical environment.
12.8 Obligation of means
CryptPeer® is supplied on a best-efforts basis, not as an obligation to achieve a specific result.
Freemindtronic and FullSecure undertake to use all reasonable means to ensure proper operation, security and availability of the software, without guaranteeing complete absence of errors, interruptions or vulnerabilities.
The Customer acknowledges that the effectiveness of the software depends in particular on its technical environment, configuration, use and adherence to security good practice.
12.9 “As is” supply
CryptPeer® is supplied “as is”, without warranty of any kind other than those expressly set out herein.
The Customer acknowledges that it uses the software at its own risk and under its sole responsibility.
Freemindtronic and FullSecure shall not be liable for consequences resulting from misconfiguration, failure to secure, inadequate access management or failure to implement security good practice by the Customer.
This “as is” supply applies without prejudice to the obligation of means defined in Section 12.8.
No implied warranty, including merchantability or fitness for a particular purpose, is granted.
12.10 Backups, continuity and infrastructure availability
The Customer is solely responsible for implementing, managing and verifying its backup, archiving and data restoration procedures.
It is responsible for ensuring that data processed, exchanged or stored via CryptPeer® is subject to regular backups suited to its needs.
The Customer acknowledges that CryptPeer® is, by nature, intended to run on infrastructure it controls or has chosen, including in particular self-hosted environments, dedicated servers, VPS, cloud infrastructure or any other technical platform.
Accordingly, availability, service continuity and performance of the software depend directly on the reliability of that infrastructure.
Freemindtronic and FullSecure shall not be liable for any interruption, degradation, unavailability or loss of service resulting in particular from:
- hardware failure;
- system outage;
- network unavailability;
- a hosting incident; or
- any other event affecting the Customer’s or a third party’s infrastructure.
The Customer acknowledges that these events are inherent risks of any IT environment, in particular in self-hosted contexts.
Freemindtronic and FullSecure guarantee neither service continuity nor any availability level (SLA), except under a separate express contractual commitment.
Accordingly, no interruption or service degradation related to these elements shall give rise to compensation.
12.11 No warranty of interoperability
Freemindtronic and FullSecure do not warrant compatibility or interoperability of CryptPeer® with third-party systems, software, hardware, networks, infrastructure or specific environments not expressly validated.
The Customer acknowledges that integrating the software into an existing environment or with third-party solutions is solely its responsibility, in particular regarding performance, compatibility, security and continuity of operation.
12.12 Sovereign use and Customer responsibility
The Customer acknowledges that use of CryptPeer® in sovereign, sensitive or critical contexts, including in particular governmental, strategic, industrial, defence or national security environments, is exclusively its responsibility.
The Customer assumes all risks related to such use, in particular regulatory compliance, operational security, business continuity and fitness for the specific requirements of its environment.
Freemindtronic and FullSecure provide no warranty of fitness for specific sovereign or critical needs, except under a separate express contractual commitment.
12.13 No availability warranty and no SaaS model
The Customer acknowledges that CryptPeer® is supplied as deployable software and not as a hosted SaaS service.
Accordingly, Freemindtronic and FullSecure do not provide hosting, continuous operation or supervision of the software, except under a separate service expressly agreed.
No warranty of availability, service continuity, uptime or service level (SLA) is provided under these terms.
The Customer acknowledges that any requirement for availability, redundancy, fault tolerance or business continuity lies exclusively with its technical architecture, infrastructure choices and measures it implements.
Accordingly, no unavailability, interruption or service degradation shall be attributed to Freemindtronic or FullSecure nor give rise to compensation, except under a separate express contractual commitment.
12.14 No obligation to restore after an incident
The Customer acknowledges that Freemindtronic and FullSecure have no obligation to restore, resume operations or return the software to service in case of an incident affecting the Customer’s or a third party’s infrastructure.
In case of hardware, software, network or hosting failure, it is exclusively the Customer’s responsibility to take measures to restore its environment, including rebuilding systems, reinstalling the software and restoring data from its own backups.
Any intervention by Freemindtronic, FullSecure or their partners in this context constitutes a separate service, subject to specific contractual conditions, and may not be considered an obligation under these terms.
No incident of this nature shall incur liability for Freemindtronic or FullSecure nor give rise to compensation.
13. Intellectual property
All elements comprising CryptPeer®, including in particular technologies, algorithms, concepts and related mechanisms, remain the exclusive property of Freemindtronic.
Any reproduction, modification, decompilation, reverse engineering or unauthorised use is strictly prohibited.
14. Prohibitions
Any attempt to circumvent security mechanisms, alter licence systems, reproduce without authorisation or use the software in violation of applicable laws is strictly prohibited.
15. Changes to these terms
Freemindtronic reserves the right to modify these terms at any time to reflect technical, regulatory or commercial developments.
Any new version may require prior acceptance when using the software.
The version of these terms in force is that identified by its version number and update date, as stated at the top of this document.
15.1 Force majeure
Freemindtronic and FullSecure shall not be liable for non-performance or delay in performance of their obligations resulting from an event of force majeure within the meaning of applicable law.
Events considered force majeure include, without limitation, natural disasters, armed conflict, acts of terrorism, civil unrest, cyber-attacks of exceptional scale, interruption of networks or essential services, decisions of administrative or regulatory authorities, and any event reasonably beyond the parties’ control.
Performance of obligations is suspended for the duration of the force majeure event.
16. Applicable law and jurisdiction
These terms are governed by the laws of the Principality of Andorra.
Any dispute relating to the validity, interpretation, performance or termination of these terms falls within the jurisdiction of the courts of Andorra, except where mandatory law provides otherwise.
17. Primacy of mandatory provisions and applicable international law
These terms are interpreted and applied in accordance with the laws of the Principality of Andorra, subject to mandatory provisions applicable under international, European or national law.
If any provision of these terms conflicts with mandatory rules applicable in a given jurisdiction, that provision shall be deemed unwritten only to the extent of such incompatibility, without affecting the validity of the remaining provisions.
The Customer acknowledges that international use of CryptPeer® may result in cumulative application of regulations from several jurisdictions, in particular on export controls, security, data protection or international sanctions.
It is responsible for complying with all such obligations, independently of the law governing this agreement.
18. Survival of essential obligations
Termination, for any reason, of the contractual relationship or the licence to use CryptPeer® does not affect the validity or enforceability of obligations which by their nature or purpose are intended to survive such termination.
These include in particular, without limitation:
- obligations relating to intellectual property;
- obligations of regulatory compliance and respect for applicable laws;
- clauses relating to lawful use of the software;
- provisions on liability;
- obligations relating to export controls and dual-use technology;
- provisions on evidence, traceability and data integrity; and
- any clause intended to produce effects after the end of the contractual relationship.
The Customer remains bound to comply with these obligations after termination of the licence or use of the software.
19. Severability
If one or more provisions of these terms are held null, invalid or unenforceable, in whole or in part, under applicable law or by final decision of a competent court, the remaining provisions shall retain full force and effect.
The parties shall then endeavour to replace the affected provision with a valid provision producing economic and legal effects as close as possible to those originally intended.