Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and Passary Team ("Passary", "we", "us", or "our") governing your access to and use of the Passary password manager application (the "Service") available at passary.com.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Passary is a local-first, zero-knowledge password manager that allows you to securely store and manage passwords, credentials, and other sensitive information on your local device. Key characteristics of the Service include:

• Local Storage: All data is stored exclusively on your device using browser storage mechanisms
• Client-Side Encryption: All encryption and decryption occur in your browser using AES-256-GCM
• Zero-Knowledge Architecture: We cannot access, view, or recover your vault data or master password
• No Account Required: No registration, email, or personal information is required to use the Service
• No Cloud Sync: We do not provide server-based backup or synchronization services

3. Eligibility and User Obligations

3.1 Age Requirement

You must be at least 16 years of age to use this Service. By using the Service, you represent and warrant that you meet this age requirement.

3.2 Lawful Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates any applicable national or international law or regulation
• Use the Service for any fraudulent, criminal, or unauthorized purpose
• Attempt to circumvent, disable, or interfere with the security features of the Service
• Reverse engineer, decompile, or disassemble the Service (except as permitted by applicable law)
• Introduce viruses, malware, or other malicious code
• Attempt to gain unauthorized access to any portion of the Service or related systems
• Use the Service to store or manage credentials for illegal activities

3.3 Data Backup Responsibility

CRITICAL: You are solely responsible for creating and maintaining backups of your encrypted vault file. We do not provide backup services. Loss of your vault file and/or master password will result in permanent, irrecoverable loss of your data.

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Service, including its source code, design, functionality, features, and all related intellectual property rights, are and will remain the exclusive property of Passary and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws.

These Terms do not grant you any rights to our trademarks, service marks, or logos. You may not use our branding without our prior written consent.

4.2 Your Data

You retain all rights, title, and interest in and to any data you store in your vault. We make no claim to ownership of your vault contents. Due to our zero-knowledge architecture, we have no access to your data and therefore cannot use, modify, or distribute it.

4.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

5. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, PASSARY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability: We do not warrant that the Service is suitable for commercial use
• Fitness for a Particular Purpose: We do not guarantee the Service will meet your specific requirements
• Non-Infringement: We do not warrant that use of the Service will not infringe third-party rights
• Accuracy or Reliability: We do not guarantee error-free, uninterrupted, or secure operation
• Data Security: While we implement industry-standard security measures, we cannot guarantee absolute security

We do not warrant that the Service will be available at all times, will be free from bugs, viruses, or errors, or that any defects will be corrected.

6. Limitation of Liability

This includes, without limitation, liability for:

• Loss of Data: Including but not limited to loss of passwords, vault files, or encrypted data
• Loss of Profits: Any lost revenue, income, or business opportunities
• Business Interruption: Any interruption of business operations
• Loss of Goodwill: Damage to reputation or business relationships
• Unauthorized Access: Damages resulting from data breaches, hacking, or unauthorized access to your device
• Software Errors: Bugs, errors, or malfunctions in the Service
• Compatibility Issues: Incompatibility with your device, browser, or other software

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

6.1 Maximum Aggregate Liability

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. In any event, our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed €100 (one hundred euros).

6.2 Exceptions

The limitations of liability set forth in this Section do not apply to liability resulting from our gross negligence, willful misconduct, or fraud, to the extent such limitations are prohibited by applicable law.

7. Indemnification

You agree to indemnify, defend, and hold harmless Passary and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

8. Service Availability and Modifications

8.1 Availability

We strive to provide continuous availability of the Service, but we do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, technical issues, or events beyond our control.

8.2 Right to Modify or Discontinue

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

8.3 Updates and Changes

We may release updates, patches, or new versions of the Service. While we may notify you of significant updates, you acknowledge that we are not obligated to maintain backward compatibility or provide support for older versions.

9. Termination

9.1 Termination by You

You may stop using the Service at any time by ceasing access to the website and deleting any local data stored by the Service.

9.2 Termination by Us

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

9.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Since the Service is local-first, your vault data will remain on your device unless you delete it. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, disclaimers, limitations of liability, and dispute resolution provisions.

10. Governing Law and Jurisdiction

10.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of Hungary, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

10.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of Budapest, Hungary. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to the venue of such courts.

10.3 EU Users

If you are a consumer based in the European Union, you may also have the right to bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under mandatory provisions of EU consumer protection law.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating formal legal proceedings, we encourage you to contact us at contact@passary.com to attempt to resolve disputes informally.

11.2 EU Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) available at: https://ec.europa.eu/consumers/odr

We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but we may choose to do so on a case-by-case basis.

12. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your data (minimal as it is) are governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you acknowledge and agree to the practices described in the Privacy Policy.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on this page with a new "Last updated" date
• Displaying a notice on the homepage of the Service

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service.

It is your responsibility to review these Terms periodically. We recommend checking this page each time you use the Service.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

15. Waiver

No waiver by Passary of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Passary to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Passary regarding the Service and supersede all prior agreements, understandings, representations, and warranties, both written and oral, regarding the Service.

17. Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our prior written consent. We may assign these Terms or any rights under these Terms without your consent. Any attempted assignment in violation of this section shall be void.

18. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by Passary. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Passary shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services.

20. Contact Information

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us: