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These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) — whether accessing the Service as an individual, or on behalf of a company or organisation under a Company Plan — and ConfiShare Limited (“ConfiShare”, “we”, “us”, or “our”), governing your access to and use of the confishare.io website, and the associated web, desktop, and mobile applications and services (together, the “Service”).
PLEASE READ THESE TERMS CAREFULLY. By creating an account, clicking “I agree”, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
If you are entering into these Terms on behalf of a company, organisation, or other legal entity (a “Company Account”), you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” and “your” refers to that entity, and you and the entity are jointly responsible for compliance with these Terms.
Definitions
In these Terms, unless the context otherwise requires:
- (a)“Account” means the individual or Company Account you register to access the Service;
- (b)“Company Plan” means a paid subscription plan through which an organisation may provision multiple User seats under a single Account, administered by a designated Company Plan administrator;
- (c)“Content” or “File(s)” means any document, file, image, or other data that a User uploads, stores, or shares through the Service;
- (d)“Individual Plan” means a subscription plan (including the Free plan) held by a single natural person for personal or professional use, not provisioned as part of a Company Plan;
- (e)“Subscription Plan” means the Free, Starter, Starter Pro, or Company Plan (as applicable) selected by a User, as described in Clause 8;
- (f)“Recipient” means a third party to whom a User shares access to a File via the Service; and
- (g)“Applicable Law” means the Nigeria Data Protection Act 2023 and any other law, regulation, or rule applicable to the parties or the Service.
Eligibility
You must be at least 18 years old, and have the legal capacity to enter into a binding contract, to create an Account or use the Service. By using the Service, you represent and warrant that you meet these requirements.
You may not use the Service if you are located in, or are a national or resident of, any country or region subject to a comprehensive trade embargo under Applicable Law, or if you are listed on any restricted-party or sanctions list, as further described in Clause 21.
Description of the Service
ConfiShare provides a secure document-sharing platform that enables Users to upload, encrypt, store, share, and control access to Files, including through expiring and password-protected share links, digital rights management (“DRM”) and copy-protection features, instant access revocation, multi-factor authentication, and detailed audit trails, as further described on our website and in our plan documentation.
We may modify, enhance, suspend, or discontinue any feature of the Service, in whole or in part, at any time, provided that we will use reasonable efforts to notify Users of any material adverse change to a paid Subscription Plan's core functionality.
Account Registration and Security
To use the Service, you must register for an Account by providing accurate, current, and complete information. You agree to promptly update your Account information to keep it accurate.
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately at info@confishare.io of any unauthorised use of your Account or any other breach of security.
We strongly recommend that you enable multi-factor authentication on your Account. We are not liable for any loss or damage arising from your failure to comply with this Clause 4.
Individual Accounts and Company Accounts
Individual Plans. A User registering an Individual Plan uses the Service in their personal or individual professional capacity, and is solely responsible for their own compliance with these Terms and for the Files they upload and share.
Company Plans. A User registering a Company Plan designates one or more administrators (“Company Administrators”) who may: (a) invite and remove team members; (b) assign and modify roles and permissions; (c) access audit trails, compliance reports, and usage data for the Company Account and its team members; and (d) manage billing for the Company Account. By accepting an invitation to join a Company Account, an individual User acknowledges that the Company Administrator may access certain data relating to that User's use of the Service within the Company Account, including file metadata and audit logs, but not the decrypted content of Files, consistently with our zero-knowledge architecture described in Clause 12.
Each Company Account remains jointly responsible, together with its individual team members, for ensuring that all Users under that Company Account comply with these Terms.
Subscription Plans, Fees, and Billing
The Service is offered under Subscription Plans, the features and limits of which are as set out on our pricing page.
Current plans and limits
Storage limits, seat counts, retention periods, and the features included in the Free, Starter, Starter Pro, and Company Plans are published on our pricing page and form part of these Terms.
View plans and pricingPlan pricing, limits, and features are subject to change. We will provide at least thirty (30) days' notice of any price increase applicable to your then-current Subscription Plan, which will take effect at your next renewal date.
Paid Subscription Plans are billed in advance on a recurring monthly (or, where offered and selected, annual) basis via the payment method on file. All fees are exclusive of applicable taxes, which will be added to your invoice where required by law. Except as required by law or as expressly stated in these Terms, all fees are non-refundable.
You authorise us (or our third-party payment processor) to charge your payment method automatically at the start of each billing cycle until you cancel your Subscription Plan. If a payment fails, we may suspend or downgrade your Account until payment is successfully processed.
You may upgrade, downgrade, or cancel your Subscription Plan at any time through your Account settings. Downgrades and cancellations take effect at the end of the then-current billing cycle. Where a downgrade or cancellation would cause your stored Files to exceed the limits of your new plan, we will notify you and provide a reasonable opportunity to export or delete excess Files before any action is taken.
Free Trial
The Free plan includes a seven (7) day trial period during which certain features may be made available. At the end of the trial period, your Account will automatically continue on the Free plan's standard terms and limits unless you upgrade to a paid Subscription Plan. We reserve the right to modify or discontinue trial offers at any time.
User Content and Files
Ownership. As between you and ConfiShare, you retain all right, title, and interest in and to the Files you upload to the Service, including all associated intellectual property rights. We do not claim ownership over your Files.
Limited Licence to Us. You grant us a limited, non-exclusive, royalty-free licence to host, store, encrypt, transmit, and display your Files solely to the extent necessary to provide the Service to you and your authorised Recipients, in accordance with your instructions and these Terms. This licence terminates when you delete the relevant File or close your Account, subject to residual copies in encrypted backups, which are purged in accordance with our data retention practices.
Your Responsibilities and Warranties. You represent and warrant that:
- (a)you own, or have all necessary rights and consents to upload, store, and share, each File you submit to the Service;
- (b)your Files, and your use of the Service, do not and will not infringe, misappropriate, or violate any third party's intellectual property, privacy, or other rights;
- (c)your Files do not contain any material that is unlawful under Applicable Law; and
- (d)where your Files contain Personal Data of third parties, you have a lawful basis to process and share that data and have complied with your own obligations as a Data Controller under Applicable Law.
We do not pre-screen Files due to our zero-knowledge architecture (see Clause 12), and we take no responsibility and assume no liability for any Content uploaded by you or any other User.
Acceptable Use Policy
You agree not to use the Service to upload, store, share, transmit, or otherwise make available any Content or engage in any conduct that:
- (a)is unlawful, defamatory, obscene, or infringes any third party's intellectual property, privacy, publicity, or other legal rights;
- (b)contains, promotes, or facilitates child sexual abuse material (“CSAM”) or any content exploiting or endangering minors — ConfiShare has zero tolerance for such material, will immediately terminate any Account found to contain it, preserve relevant records, and report it to the National Agency for the Prohibition of Trafficking in Persons, the Nigeria Police Force, and/or the National Center for Missing & Exploited Children or equivalent authorities, as applicable;
- (c)contains any virus, malware, ransomware, trojan horse, or other harmful or malicious code;
- (d)attempts to gain unauthorised access to the Service, other Users' Accounts, or our systems and networks, including by circumventing encryption, DRM, or access controls;
- (e)involves scraping, crawling, or using automated means to access the Service, except through APIs we expressly authorise;
- (f)resells, sublicenses, or provides third-party access to the Service otherwise than as expressly permitted under your Subscription Plan;
- (g)interferes with or disrupts the integrity or performance of the Service or the data contained therein; or
- (h)violates any Applicable Law, including export control, anti-money laundering, or sanctions laws.
We reserve the right, but have no obligation (save as required by Applicable Law or in respect of Clause 9.1(b)), to investigate and take appropriate action against any User who violates this Clause 9, including removing Content, suspending or terminating the User's Account, and reporting the User to law enforcement authorities.
Security Features and Limitations
The Service includes security features such as AES-256 encryption, DRM and copy-protection controls (including screenshot-blocking functionality where supported by the Recipient's device and operating system), expiring and password-protected links, and instant access revocation. These features are designed to reduce, but cannot eliminate, the risk of unauthorised access to, or copying of, shared Content.
You acknowledge and accept that:
- (a)DRM and copy-protection controls, including screenshot-blocking, are dependent on the Recipient's device, operating system, and software, may not function on all platforms, and can be circumvented by determined third parties using means outside our control, including photographing a screen with a separate device;
- (b)no security measure is completely secure; and
- (c)you remain responsible for assessing whether the Service's security features are adequate for the sensitivity of the Content you choose to share, and for exercising independent judgment before sharing highly sensitive Content.
Intellectual Property Rights
The Service, including its software, design, text, graphics, logos, and all related intellectual property (excluding User Content), is owned by ConfiShare or our licensors and is protected by applicable intellectual property laws. Except for the limited right to use the Service in accordance with these Terms, no right, title, or interest in the Service is transferred to you.
You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works based on the Service, except to the extent such restriction is prohibited by Applicable Law.
Zero-Knowledge Architecture; No Content Monitoring
The Service is built on a zero-knowledge encryption architecture, under which we do not hold the decryption keys to, and cannot access, read, or monitor, the content of Files you upload. This means we generally cannot detect violations of Clause 9 through automated or manual content review, except in respect of File metadata, usage patterns, or matters reported to us by Users or third parties. You acknowledge this limitation and agree that it does not relieve you of your obligations under Clause 9.
Third-Party Services and Links
The Service may integrate with, or contain links to, third-party services, websites, or applications that are not owned or controlled by ConfiShare. We do not endorse and are not responsible for the content, privacy practices, or terms of any third-party service. Your use of any third-party service is at your own risk and subject to that third party's own terms.
Suspension and Termination
You may close your Account at any time through your Account settings or by contacting info@confishare.io. Closing your Account will terminate your right to use the Service, subject to Clause 6.5.
We may suspend or terminate your Account or access to the Service, in whole or in part, immediately and without notice, if:
- (a)you materially breach these Terms, including the Acceptable Use Policy in Clause 9;
- (b)required to do so by Applicable Law or a competent authority;
- (c)your Account is inactive or delinquent on payment; or
- (d)we reasonably believe such action is necessary to protect the security or integrity of the Service or other Users.
Upon termination, your right to access the Service will immediately cease. We will retain your Files and Account data for the period described in our Privacy Policy, after which they will be deleted, save where retention is required by Applicable Law. Clauses that by their nature should survive termination (including Clauses 11, 15, 16, 17, 18, 20, and 22) will survive.
Warranty Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ALL SECURITY FEATURES, INCLUDING DRM AND SCREENSHOT-BLOCKING, WILL OPERATE ON EVERY DEVICE OR PREVENT ALL UNAUTHORISED ACCESS OR COPYING.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONFISHARE, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE LESSER OF (A) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY THOUSAND NAIRA (₦50,000).
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Applicable Law.
Indemnification
You agree to indemnify, defend, and hold harmless ConfiShare and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your Files or your use of the Service; (b) your violation of these Terms or Applicable Law; or (c) your violation of any third party's rights, including intellectual property or data protection rights.
Confidentiality
Each party agrees to protect the other party's confidential information disclosed in connection with these Terms using at least the same degree of care it uses to protect its own confidential information of similar nature, and not to disclose such information to third parties except as necessary to perform its obligations under these Terms, as required by Applicable Law, or as otherwise permitted under these Terms or the Privacy Policy.
Data Protection
Our collection and processing of Personal Data in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. Where you use the Service under a Company Plan to process Personal Data of third parties as a Data Controller, our Data Processing Agreement, available on request, applies to that processing and forms part of the contractual arrangement between the parties in respect of such data.
How we handle your data
Our Privacy Policy explains what we collect, the legal basis for each purpose, how long we keep it, and the rights you can exercise under the Nigeria Data Protection Act 2023.
Read the Privacy PolicyExport Control and Sanctions
You represent and warrant that you are not located in, and will not use the Service in, any country subject to a comprehensive trade embargo, and that you are not identified on any restricted-party or denied-persons list maintained by the Nigerian government or any other competent authority. You agree to comply with all applicable export control and economic sanctions laws in your use of the Service.
Governing Law and Dispute Resolution
These Terms are governed by, and construed in accordance with, the laws of the Federal Republic of Nigeria, without regard to conflict of law principles.
The parties will first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation. If the dispute is not resolved within thirty (30) days of written notice, either party may refer the dispute to arbitration in Lagos, Nigeria, in accordance with the Arbitration and Mediation Act 2023, conducted by a sole arbitrator appointed by agreement of the parties or, failing agreement, by the Lagos Court of Arbitration. The arbitration will be conducted in English, and the arbitral award will be final and binding on the parties. Nothing in this Clause prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction in Nigeria.
General Provisions
Modifications. We may amend these Terms from time to time. We will notify you of material changes by email or in-app notice at least fourteen (14) days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the amended Terms.
Assignment. You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Force Majeure. Neither party will be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, riot, labour disputes, internet or telecommunications failures, or governmental action.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.
Waiver. No waiver of any provision of these Terms will be effective unless in writing and signed by the waiving party. No failure or delay in exercising any right under these Terms will operate as a waiver of that right.
Entire Agreement. These Terms, together with our Privacy Policy and, where applicable, our Data Processing Agreement, constitute the entire agreement between you and ConfiShare regarding the Service and supersede all prior agreements and understandings, whether written or oral, relating to the same subject matter.
Notices. We may provide notices to you via email to the address associated with your Account, or by posting a notice within the Service. You may send notices to us at info@confishare.io.
Contact Us
If you have any questions about these Terms, please contact us at: info@confishare.io
Questions about this document?
Our team is happy to walk you through anything here, including requests to exercise your data protection rights.
info@confishare.io