Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you — the person or organisation using the Service — and Offkeep SAS, a French société par actions simplifiée with registered office at 2E Fond Face, 22 avenue Laplace, 94110 Arcueil, France (SIRET 107 024 440 000 11) (“Offkeep”, “we”, “us”). They govern your access to and use of the Offkeep service (the “Service”): our website at offkeep.com, our web application at offkeep.com/app, our desktop and mobile applications, and the cloud storage, synchronisation, sharing, and related features they provide.

By creating an account, signing in, or otherwise using the Service, you accept these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you use the Service on behalf of a company or other organisation, you represent that you are authorised to bind that organisation, and “you” means the organisation.

If you are under 16, you may only use the Service with the consent of a parent or legal guardian, who agrees to these Terms on your behalf. Nothing in these Terms limits any rights you have under the mandatory consumer-protection law of your country of residence.

Offkeep is an end-to-end encrypted cloud storage service. Files and folders are encrypted on your device before they are uploaded; only the ciphertext ever reaches our servers, and the keys that could decrypt it are derived on your device and never leave it. This means we cannot read, search, index, or recover the contents of your files — by design.

The Service includes: file storage, organisation, and management; synchronisation across your devices, including automatic sync of folders you choose from your devices; a web application and native mobile apps for iOS and Android; a media library for photos, videos, and audio, with albums and playlists; sharing, through collaborative folders you share with other users and through read-only share links; family sharing, where members of a household share one storage pool while keeping separate, independently encrypted accounts; file history, which lets you restore earlier versions of files on paid plans; and two-factor authentication.

We may add, change, or retire features over time. We will give you reasonable notice before removing a feature that materially affects your use of the Service.

You are responsible for everything done through your account. Keep your password private, record your recovery key (or recovery passphrase) when you create your account, store it somewhere safe, and do not share your credentials with anyone.

Offkeep operates a zero-knowledge model: there is no way for us to reset a forgotten password or recover a lost master key. If you lose your password and your recovery key, your data is unrecoverable — even by us. Storing your recovery material offline is the only way to keep that from happening.

Each account belongs to one person. You may not share a single account between several people, and you may not create multiple accounts to circumvent the allowance of a plan. Family sharing gives each member a separate, independently encrypted account that draws on one shared storage pool, and each member remains responsible for their own account and credentials.

If you believe your account has been compromised, change your password immediately, revoke the affected sessions, and contact us at hello@offkeep.com.

You keep all rights in the files and other content you store with the Service (“Your Content”). We do not own it, and nothing in these Terms transfers ownership.

You grant us the limited permissions necessary to operate the Service: to store, replicate, transmit, and process the encrypted form of Your Content and the metadata required for synchronisation, sharing, billing, and security. Because of end-to-end encryption, these permissions never include reading, decrypting, or analysing the contents of Your Content.

You warrant that you have the rights to store and share Your Content through the Service and that doing so does not violate any law or any third party’s rights.

When you delete content, or when your account is closed, the corresponding ciphertext is scheduled for deletion and cannot be recovered once that deletion completes.

Files are encrypted on your device with the ChaCha20-Poly1305 authenticated-encryption algorithm, in 8 MB chunks; each chunk carries an authentication tag, so any tampering or corruption is detected when the file is decrypted. File and folder names are encrypted as well.

Each file is encrypted with its own random key, which is wrapped by the key of the folder that contains it; the server stores only the wrapped copies. Your master key is a random 256-bit key generated on your device. Depending on the option you choose when you create your account, it is either kept only on your devices, or wrapped by a key derived from your password or from a recovery passphrase; the server stores only the salt and the wrapped copy.

Because of this design, we cannot decrypt, recover, or reset anything for you. There is no back door, and we will not build one. You are responsible for your recovery material and for keeping backups of anything you cannot afford to lose.

We will never ask you for your password or recovery key by email, by message, or over the phone. Anyone who does is trying to defraud you.

You may not use the Service to:

• store or share content whose possession or distribution violates the law of France or of your own country;
• distribute malware, phishing links, or material designed to attack, disrupt, or gain unauthorised access to computer systems;
• infringe anyone’s intellectual property or other rights;
• harass, threaten, or defraud other people;
• interfere with the Service, circumvent its limits or security measures, or attempt to access another user’s account or ciphertext;
• resell or provide the Service to third parties as a storage service without our written agreement;
• use automated means to create accounts or to scrape or probe the Service;
• use the Service in a way that creates disproportionate load or damages our infrastructure.

We enforce the rules above without reading your files. Because content is encrypted end to end, we act on the metadata we hold, on reports from other users or authorities, and on other evidence available to us — never on the contents of your files.

Where we have a good-faith reason to believe your account is being used in breach of these Terms, we may suspend it pending review and, where appropriate, terminate it in line with Section 15 (Suspension and termination).

The Service is offered on two paid plans (“Flex” and “Pro”), as described on our pricing page. There is no free tier. All prices are in US dollars and exclude any applicable taxes, which we may add to your invoice where required; where we offer local pricing, the invoice shows the currency you were charged in.

Each plan includes a monthly allowance of storage and downloads. Usage above the allowance is billed at the flat per-gigabyte rate published on our site — currently $0.01 per GB — with storage measured over time and downloads measured per gigabyte.

Plans are billed in advance for an included allowance of storage and downloads, either monthly or, at the discounted yearly price published on our pricing page, once for twelve months. Storage and downloads above the allowance are billed at the flat per-gigabyte rate on both plans and on both billing cycles; the rate never decreases with volume, and the yearly discount applies to the plan fee only.

Payments are processed by our payment provider (Airwallex) on our behalf; we do not receive or store your full card details. You can pay by card through our hosted checkout or a saved payment method, with prepaid credits, or — where offered — through in-app purchase in the Apple App Store or Google Play, in which case the store handles billing and its terms govern the purchase.

Metered usage is invoiced monthly in arrears; plan fees are invoiced in advance. Invoices are available in the Service and by email.

We may change prices at any time. An increase to the price of a plan you are on takes effect at the start of your next billing period, and we will notify you at least 30 days in advance; if you do not accept the new price, you may cancel before it takes effect with no penalty. The price you subscribed at is otherwise locked for as long as you stay on your plan. Changes to metered rates are published on our site and apply from the date shown there.

If a payment fails, we will notify you, retry it, and give you a reasonable grace period to update your payment method or pay the outstanding invoice. While an invoice remains unpaid, we may suspend the paid features of your account, and if it stays unpaid we may freeze the account: uploads and other paid features are suspended until the invoice is paid.

We will remind you before taking any irreversible step. If your account remains frozen and the outstanding amount unpaid, we delete your stored content 30 days after the freeze, keeping only the records the law requires us to keep. You can avoid this at any time by paying the outstanding invoice before the deadline.

You can cancel a paid plan at any time. The plan stays active until the end of the billing period you have already paid for and is not renewed; you can subscribe again at any time, or close the account entirely.

If you are a consumer in the European Union and this is your first paid subscription, you may withdraw from it within 14 days of purchase without giving a reason. For a recurring subscription the withdrawal period ends 14 days after the purchase; once the service has been fully provided with your consent, the right of withdrawal lapses. We will refund the amounts paid within 14 days of receiving your withdrawal, to the original payment method.

Metered usage that has already been consumed is non-refundable — it reflects storage and bandwidth we have already provided. Where we owe you a refund for any other reason (for example a billing error, or a plan change that leaves you with unused credit), we will issue it to the original payment method, or as account credit where that is not possible.

We aim to keep the Service available around the clock but do not guarantee uninterrupted availability. The Service may be unavailable for planned maintenance, which we will schedule at low-traffic times and announce on our status page where reasonably possible.

Deleted files stay restorable for 7 days on the metered option and 30 days on a paid plan; after that window they are permanently deleted. We cannot restore data beyond these windows, and we cannot recover content whose keys have been lost — see Section 5 (Encryption and your keys).

Support is provided through the channels listed on our site on a best-effort basis. Nothing in these Terms creates a service-level agreement or entitles you to service credits.

You may close your account at any time from your account settings. Closing your account does not by itself cancel a paid plan — cancel the plan first, or it may continue to renew. After closure we delete your ciphertext and account data in line with our Privacy Policy, keeping only what the law requires. Export anything you want to keep before closing.

We respect intellectual property rights and require that you do the same. You may not store or share content through the Service that infringes anyone’s copyright or other rights.

Under French law we act as a host for the content you store. If you believe in good faith that content stored on the Service infringes your rights, send us a notice identifying yourself, the content concerned, and why you believe it is unlawful, at hello@offkeep.com. We will review it and act where the law requires.

Because content is encrypted, we may not be able to locate a specific file; in that case we will act at the level we can — for example by disabling a share link or suspending the account concerned. We may also suspend or terminate the accounts of repeat infringers.

The Service, our software, our marks, and our documentation are owned by Offkeep or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, revocable right to use the Service for your own storage needs, and nothing else. You may not copy, modify, distribute, or reverse-engineer our software except where the law or an applicable open-source licence allows it — our clients are open source, and their licences govern that code.

If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Service.

We may suspend or terminate your access if: you breach these Terms (including the acceptable-use rules); a payment fails and the grace period expires; we reasonably believe continued operation of your account creates a security risk to us or others; or the law requires it. We will tell you why, unless doing so would violate the law or compromise security, and — except in urgent cases — give you a reasonable period to export your data before it is deleted.

If we suspend or terminate your access for breach of these Terms, we may delete your content sooner than the periods described in Section 11 (Availability and data retention), or keep it where the law or an ongoing investigation requires.

The Service integrates third-party services you may choose to use, such as signing in with a Google, Apple, or Facebook account, paying through a third-party provider, or buying through the Apple App Store or Google Play. Those services’ own terms and privacy policies govern the parts of the interaction they handle, and we are not responsible for them.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for fraud, for death or personal injury caused by negligence, or — for consumers — any mandatory protection under the consumer law of your country of residence.

Because the Service is end-to-end encrypted, Offkeep cannot read, restore, or recover Your Content under any circumstances: not after a lost password, not after deletion, and not after an account compromise. You are responsible for your recovery material and for keeping backups of anything you cannot afford to lose. To the maximum extent permitted by law, we are not liable for any loss of data that results from the loss of your keys or credentials.

Subject to the above, our total aggregate liability arising out of or in connection with these Terms or the Service is limited, to the maximum extent permitted by law, to the amounts you paid us in the twelve months preceding the event giving rise to the claim. We are not liable for any indirect, incidental, special, or consequential damages, or for lost profits or data, except where the law does not permit excluding them.

We may update these Terms from time to time. If a change is material, we will notify you by email and in the Service at least 30 days before it takes effect.

If you do not accept the new Terms, you may close your account before they take effect; continued use of the Service after that date means you accept the new Terms. A change required by law, or addressing a security or abuse issue, may take effect immediately.

These Terms are governed by French law, excluding its conflict-of-law rules. The commercial courts of Créteil, within whose jurisdiction Offkeep’s registered office is located, have jurisdiction over any dispute — except where mandatory consumer law gives you the right to bring or defend proceedings in your country of residence, in which case that right prevails.

If you are a consumer in the European Union, you may also use the European Commission’s Online Dispute Resolution platform (ec.europa.eu/consumers/odr). We will consider any reasonable request to resolve a dispute amicably before litigation.

Questions about these Terms? Email us at hello@offkeep.com. A complete list of our legal documents is on our Legal page.