Terms of Service
Summary. These Terms are between you and MyColdKey LLC (United States). They cover our website, desktop software, accounts and licensing, checkout, and optional online features (such as Cloud+). They include important disclaimers and limits on liability. If you do not agree, do not use the Services.
1. Agreement; who we are
These Terms of Service (“Terms”) are a binding agreement between you and MyColdKey LLC (“MyColdKey,” “we,” “us,” or “our”). They govern your access to and use of (a) our websites and marketing pages at mycoldkey.com and related domains (the “Site”), (b) our desktop application and related software we make available (the “Software”), (c) online accounts, licensing, activation, and checkout used to purchase or use the Software, and (d) optional online services we offer, such as end-to-end encrypted sync (“Cloud+”) when you enable them (collectively, the “Services”).
By accessing the Site, downloading or using the Software, creating an account, purchasing a license, subscribing to updates, or otherwise using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference.
2. Eligibility
You represent that you are at least 18 years old (or the age of majority where you live) and have legal capacity to enter into these Terms. You are responsible for activity that occurs under your account.
3. Software license
Subject to these Terms and payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the Software for your own legitimate backup, recovery, and password-management purposes, in accordance with our documentation and your purchased entitlements.
Restrictions
You may not: reverse engineer, decompile, or attempt to extract source code from the Software except where applicable law expressly permits; rent, lease, sell, sublicense, or timeshare the Software; circumvent licensing, activation, or technical limitations; use the Services to develop a competing product; scrape or overload our systems; or use the Services in violation of law or third-party rights.
We reserve all rights not expressly granted. The Software is licensed, not sold.
4. Accounts, purchases, and payments
Some features require an online account. You agree to provide accurate registration information and to keep your credentials secure. You are responsible for actions taken through your account, except where our systems are compromised through no fault of yours.
Fees, taxes, renewals (for subscription add-ons such as Cloud+ where applicable), and device entitlements are shown at checkout and in-product. Prices may change for new purchases; applicable fees are presented before you pay.
Payment processors
Payments may be processed by third-party payment processors. Their terms and privacy notices apply to payment transactions. We do not receive or store your full payment card number on our own systems when a processor handles card data.
Refunds
Unless required by applicable law or expressly stated at checkout, fees for software licenses and other digital products are generally non-refundable once delivered, activated, or made available. Subscription add-ons may be canceled before renewal as described at checkout or in the product. If you believe a charge is in error, contact us promptly at info@mycoldkey.com.
5. No custody; not financial, investment, or legal advice
The Services are software tools. They are not a bank, exchange, custodian, broker, or money transmitter. We do not hold or control your digital assets. Nothing we provide is financial, investment, tax, or legal advice. Digital assets involve substantial risk. You alone decide how to use the Software and how to protect seeds, keys, passwords, and recovery materials.
6. Your responsibilities; assumption of risk
- You maintain control of your passwords, recovery phrases, keys, artifacts, and backups. If you lose credentials or backups, recovery may be impossible — we cannot decrypt your vault without them.
- You are responsible for compliance with laws applicable to you, including export controls, sanctions, and securities rules.
- You will not use the Services for unlawful, fraudulent, or abusive activity, including distributing malware, attacking systems, or infringing others’ rights.
7. Optional Cloud+ and third-party infrastructure
If you enable Cloud+ or similar features, encrypted data may be stored or transferred using third-party infrastructure. As described in our Privacy Policy, our Subprocessors page, and product materials, we may process certain metadata (for example, account identifiers, file names, or sizes) even though we are not intended to have access to your plaintext vault contents or your vault password.
8. Updates; changes to the Services
We may ship updates, patches, or upgrades. Some updates may be required for continued use or security. We may also modify, suspend, or discontinue parts of the Services where reasonably necessary, with notice when practicable.
Features described on the Site or in marketing are subject to change. Pre-release or roadmap information is not a commitment to ship any specific capability by any date.
9. Intellectual property
MyColdKey™, the MyColdKey logo, the Site, the Software, and our documentation are protected by intellectual property laws. Except for the limited license above, no rights are granted. You may not remove proprietary notices.
If you submit feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation or compensation to you.
10. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT DATA WILL NEVER BE LOST OR COMPROMISED.
Some jurisdictions do not allow certain disclaimers; in those jurisdictions, our warranties are limited to the minimum extent required.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- IN NO EVENT WILL MYCOLDKEY LLC OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, DIGITAL ASSETS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
- OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) U.S. $100, EXCEPT WHERE PROHIBITED BY LAW.
Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the maximum extent permitted.
12. Indemnity
You will defend, indemnify, and hold harmless MyColdKey LLC and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your breach of these Terms, or your violation of law or third-party rights.
13. Suspension and termination
We may suspend or terminate access to the Services if you materially violate these Terms, if we must comply with law, or if we reasonably believe continued access creates risk. You may stop using the Services at any time. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnity, export and sanctions, governing law, and general terms (Sections 9–15 and 17) — remain in effect after termination.
14. Export and sanctions
You may not use or export the Services except as authorized by United States and other applicable export control and sanctions laws. You represent that you are not prohibited from receiving U.S. software or services under those laws.
15. Governing law; disputes
If you qualify as a consumer habitually resident in the European Economic Area, United Kingdom, or Switzerland, mandatory consumer protections in your country of residence may apply in addition to these Terms where those laws require.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, subject to the preceding sentence. Subject to non-waivable consumer rules, you agree that the state and federal courts located in California, United States, have jurisdiction over disputes arising out of these Terms or the Services, and you consent to venue in those courts.
16. Changes to these Terms
We may modify these Terms by posting an updated version and changing the “Last updated” date. If changes are material, we will provide notice where required by law (for example, by email or an in-product notice). Your continued use after the effective date constitutes acceptance. If you do not agree, stop using the Services.
17. General
These Terms, together with our Privacy Policy and any terms presented at checkout, are the entire agreement about the Services and supersede prior understandings on this subject. If any provision is unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms limits non-waivable rights you may have under the laws of your jurisdiction.
18. Contact
Questions about these Terms: info@mycoldkey.com. For product support, you may also use support@mycoldkey.com where referenced in our product materials.