PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE theSHFT APPLICATION, 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 APPLICATION.
IMPORTANT: THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 24, WHICH AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
For purposes of this Agreement:
2.1. By downloading, installing, accessing, or using the Application, you represent and warrant that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and our End User License Agreement, all of which are incorporated herein by reference.
2.2. If you are using the Application on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.
2.3. We reserve the right to modify, amend, or update these Terms at any time without prior notice. Your continued use of the Application following any changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically.
2.4. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE APPLICATION AND DELETE IT FROM YOUR DEVICE.
3.1. Age Requirement: You must be at least seventeen (17) years of age to use this Application. By using the Application, you affirm that you are at least 17 years old and are fully able and competent to enter into and comply with these Terms.
3.2. Legal Capacity: You represent that you have the legal capacity to enter into a binding agreement in your jurisdiction.
3.3. Jurisdiction: You represent that you are not: (a) located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; (b) listed on any U.S. Government list of prohibited or restricted parties; (c) prohibited from receiving the Application under the laws of your jurisdiction.
3.4. Prior Termination: If we have previously terminated your account or banned you from the Application, you may not use the Application without our express written permission.
3.5. Compliance with Laws: Your use of the Application must comply with all applicable local, state, national, and international laws, rules, and regulations.
4.1. Account Creation: To use certain features, you must create an account by providing a unique username, setting a secure PIN, and saving a recovery phrase. You agree to provide accurate, current, and complete information.
4.2. Account Security: You are solely responsible for: (a) maintaining the confidentiality of your PIN and recovery phrase; (b) all activities that occur under your account; (c) notifying us immediately of any unauthorized access or security breach.
4.3. Recovery Phrase: Your recovery phrase is the ONLY way to recover your account. We do not store your recovery phrase and CANNOT help you recover it if lost. You acknowledge that loss of your recovery phrase may result in permanent loss of access to your account.
4.4. Account Limitations: Each device may only have one primary account. We reserve the right to limit the number of accounts per user, device, or household.
4.5. Account Integrity: You may not sell, transfer, license, or assign your account, username, or any account rights to any third party without our prior written consent.
5.1. Communication Platform: theSHFT is a private messaging application that provides end-to-end encrypted communication. The Application is designed as a neutral technology platform.
5.2. No Monitoring: Due to the nature of end-to-end encryption, we do not and cannot monitor, access, read, or store the content of messages sent through the Application.
5.3. User Responsibility: You acknowledge and agree that you are solely responsible for all Content you create, transmit, or share through the Application. We have no ability to view or moderate encrypted Content.
5.4. No Endorsement: We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content communicated through the Application.
5.5. Technology Provider Only: We provide the technology infrastructure only. We are not a party to any communications, transactions, or interactions between Users.
6.1. Lawful Use Only: You agree to use the Application only for lawful purposes and in accordance with these Terms. You are solely responsible for ensuring your use complies with all applicable laws.
6.2. Prohibited Activities: You agree NOT to use the Application to:
6.3. Your Sole Responsibility: You acknowledge that we cannot monitor encrypted communications, and therefore YOU are solely responsible for ensuring your use complies with these prohibitions and all applicable laws.
7.1. Ownership: You retain ownership of all Content you create or share through the Application. By using the Application, you do not transfer any ownership rights to us.
7.2. Sole Responsibility: You are solely and exclusively responsible for all Content you create, transmit, share, or make available through the Application, including any legal consequences arising from such Content.
7.3. No Liability for Content: Due to end-to-end encryption, we do not and cannot review, monitor, moderate, or store User Content. We expressly disclaim all liability for any User Content. WE ARE NOT RESPONSIBLE FOR ANY CONTENT TRANSMITTED THROUGH THE APPLICATION.
7.4. Representation and Warranty: By transmitting Content through the Application, you represent and warrant that: (a) you have all necessary rights to transmit such Content; (b) such Content does not violate any law or these Terms; (c) such Content does not infringe any third-party rights.
7.5. Backup Responsibility: We do not backup or store your Content. You are solely responsible for maintaining backups of any Content you wish to preserve.
8.1. Reporting Abuse: If you encounter abusive behavior or content, you may: (a) block the user within the Application; (b) report the user through our reporting system; (c) contact us at support@theshft.app.
8.2. Limited Enforcement Capability: You acknowledge that due to end-to-end encryption, our ability to investigate reports is limited. We cannot access, view, or verify the content of encrypted messages.
8.3. Account Actions: We reserve the right to suspend, terminate, or restrict any account at our sole discretion, with or without notice, for any reason or no reason, including suspected violations of these Terms.
8.4. Law Enforcement Cooperation: We will cooperate with law enforcement agencies to the extent required by law. However, due to our encryption design, we cannot provide access to encrypted message content.
theSHFT Pro is an optional paid subscription that provides additional features. Current subscription options include:
Prices are subject to change. All prices are in U.S. dollars unless otherwise indicated.
All payments are processed by Apple Inc. through the Apple App Store using your Apple ID account. We do not directly collect or process payment information. You agree to pay all applicable fees at the prices in effect when incurred. All payments are non-refundable except as expressly provided herein or as required by applicable law.
MONTHLY AND ANNUAL SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS CANCELED AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT BILLING PERIOD. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the same rate unless you change your subscription settings. You acknowledge and agree that you authorize recurring payments as described above.
You can manage and cancel subscriptions through your device's Settings → [Your Name] → Subscriptions. Cancellation takes effect at the end of the current billing period. No refunds will be provided for the remaining portion of any subscription period.
If a free trial is offered, it will automatically convert to a paid subscription unless canceled before the trial ends. Unused portions of free trials are forfeited upon purchasing a subscription.
ALL PURCHASES ARE FINAL AND NON-REFUNDABLE, except as required by applicable law. All purchases are processed by Apple, and refund requests must be submitted directly to Apple through their support channels. We have no ability to process refunds for App Store purchases.
We reserve the right to change subscription prices at any time. Price changes will take effect at the start of the next subscription period after notice has been provided. Your continued subscription after a price change constitutes acceptance of the new price.
Free accounts are subject to the following daily usage limits:
Limits reset at midnight in your local timezone. We reserve the right to modify these limits at any time without notice.
11.1. Our Intellectual Property: The Application, including all content, features, functionality, design, graphics, trademarks, service marks, trade names, logos, and other intellectual property, is owned by theSHFT or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
11.2. Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Application for your personal, non-commercial purposes.
11.3. Restrictions: You may not: (a) copy, modify, or distribute the Application; (b) use our trademarks without written permission; (c) create derivative works; (d) remove any proprietary notices; (e) use the Application for commercial purposes without authorization.
11.4. Feedback: Any feedback, suggestions, or ideas you provide regarding the Application may be used by us without any obligation to you.
12.1. Privacy Policy: Your use of the Application is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
12.2. End-to-End Encryption: Messages sent through the Application are end-to-end encrypted. This means: (a) only you and your intended recipient can read messages; (b) we cannot access, read, decrypt, or store message content; (c) we cannot comply with requests for message content because we do not have access to it.
12.3. Metadata: While message content is encrypted, certain metadata may be collected as described in our Privacy Policy.
12.4. Security Limitations: While we implement strong security measures, no system is completely secure. You acknowledge and accept the inherent risks of digital communication.
13.1. AS-IS BASIS: THE APPLICATION AND ALL SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.
13.2. DISCLAIMER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
13.3. JURISDICTION VARIATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13.4. NO GUARANTEE OF SECURITY: WE DO NOT GUARANTEE THE SECURITY OF ANY DATA OR COMMUNICATIONS. YOU USE THE APPLICATION AT YOUR OWN RISK.
14.1. EXCLUSION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL theSHFT, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2. LIABILITY CAP: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APPLICATION SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD).
14.3. ESSENTIAL PURPOSE: THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14.4. JURISDICTION VARIATIONS: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15.1. Your Indemnification Obligation: You agree to indemnify, defend, and hold harmless theSHFT, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and suppliers from and against any and all claims, demands, actions, suits, proceedings, losses, damages, costs, expenses, and liabilities (including reasonable attorneys' fees and court costs) arising out of or relating to:
15.2. Defense Rights: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
15.3. Survival: This indemnification obligation shall survive termination of these Terms and your use of the Application.
16.1. Termination by Us: We may suspend, disable, or terminate your account and access to the Application at any time, with or without cause, with or without notice, and without liability to you. Reasons for termination may include, but are not limited to: (a) violation of these Terms; (b) suspected fraudulent or illegal activity; (c) discontinuation of the Application.
16.2. Termination by You: You may terminate your account at any time through the Application's settings or by deleting the Application from your device.
16.3. Effects of Termination: Upon termination: (a) your right to use the Application ceases immediately; (b) you must delete the Application from all devices; (c) you forfeit any unused subscription time; (d) we may delete your account data.
16.4. Survival: The following sections shall survive termination: Definitions, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive.
16.5. No Refunds Upon Termination: Unless required by applicable law, termination does not entitle you to any refund of subscription fees or other payments.
17.1. Changes: We reserve the right to modify, suspend, or discontinue the Application (or any part thereof) at any time, with or without notice, and without liability to you.
17.2. Updates: The Application may automatically download and install updates. You consent to such automatic updates and agree that these Terms will apply to all such updates.
17.3. No Obligation: We have no obligation to maintain, support, update, or provide any particular features or functionality.
18.1. Third-Party Services: The Application may integrate with or provide access to third-party services, including Apple's App Store, Firebase, and RevenueCat. Your use of such services is subject to their respective terms and privacy policies.
18.2. No Endorsement: We do not endorse and are not responsible for any third-party services, content, or websites.
18.3. No Liability: We have no liability for your interactions with third parties, including any third-party services accessed through the Application.
19.1. Export Laws: The Application may be subject to U.S. export control laws and regulations, including the Export Administration Regulations. You agree to comply with all applicable export and re-export control laws and regulations.
19.2. Encryption: The Application contains encryption technology. You acknowledge that the import, export, and use of encryption software may be regulated in your country.
19.3. Representations: You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo; (b) you are not on any U.S. Government list of prohibited or restricted parties; (c) you will not export or re-export the Application in violation of any laws.
The Application is "commercial computer software" and "commercial computer software documentation" as described in 48 C.F.R. 2.101. If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software subject to the terms of this Agreement as specified in 48 C.F.R. 12.212. If acquired by or on behalf of any agency within the Department of Defense, the U.S. Government acquires this commercial computer software subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3.
21.1. Choice of Law: These Terms and any dispute arising out of or related to these Terms or the Application shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
21.2. Exclusion of UN Convention: The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
22.1. Exclusive Jurisdiction: Subject to the arbitration provisions below, you agree that any dispute arising out of or related to these Terms or the Application shall be brought exclusively in the state or federal courts located in Wilmington, Delaware, United States.
22.2. Consent to Jurisdiction: You hereby consent to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens, or any similar grounds.
22.3. Process: You agree that service of process may be made by mail or any other manner permitted by law.
23.1. Informal Resolution: Before initiating any formal dispute resolution proceeding, you agree to contact us at support@theshft.app to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If the dispute is not resolved within thirty (30) days of submission, you or we may pursue formal dispute resolution.
23.2. Notice Requirement: Any notice of a dispute must include your name, address, email address, the nature of the dispute, and the relief sought.
24.1. Agreement to Arbitrate: EXCEPT FOR DISPUTES THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND theSHFT AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.
24.2. Arbitration Rules: Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Agreement. The AAA Rules are available at www.adr.org.
24.3. Arbitration Procedures: The arbitration shall be conducted in the English language by a single arbitrator. The arbitrator shall have exclusive authority to resolve all disputes, including the scope of this arbitration clause.
24.4. Location: Unless otherwise agreed, the arbitration shall take place in Wilmington, Delaware, or at your election, may be conducted by telephone or video conference.
24.5. Fees: Each party shall bear its own costs and fees. If you cannot afford arbitration fees, we will pay them if you request.
24.6. Award: The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
24.7. Opt-Out: YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE TO support@theshft.app WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
25.1. Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND theSHFT AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
25.2. Jury Trial Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND theSHFT WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE APPLICATION.
25.3. Severability of Waiver: If the class action waiver is found to be unenforceable as to a particular claim, then that claim shall be severed and proceed in court, while the remaining claims shall proceed in arbitration.
26.1. Global Availability: The Application may be accessed from countries around the world. We make no representation that the Application is appropriate or available for use in any particular location.
26.2. Local Laws: If you access the Application from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
26.3. European Economic Area: If you are located in the European Economic Area, additional terms and rights may apply under the General Data Protection Regulation (GDPR). See our Privacy Policy for details.
26.4. California Residents: If you are a California resident, additional rights may apply under the California Consumer Privacy Act (CCPA). See our Privacy Policy for details.
26.5. Other Jurisdictions: Users in other jurisdictions may have additional rights under local consumer protection laws. Nothing in these Terms limits any rights that cannot be waived under applicable law.
If you are using the Application on an Apple device, the following terms apply:
These Terms, together with our Privacy Policy and EULA, constitute the entire agreement between you and theSHFT regarding the Application and supersede all prior agreements, understandings, and communications, whether written or oral.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or our right to enforce it in the future. No waiver shall be effective unless in writing and signed by an authorized representative of theSHFT.
You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations without restriction.
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
We may provide notices to you through the Application, email, or other means. Notices to us must be sent to support@theshft.app.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
These Terms shall not be construed against the drafter. The word "including" means "including without limitation."
By using the Application, you agree to receive these Terms and related communications electronically. Your electronic acceptance constitutes a legally binding agreement.
For questions, concerns, or notices regarding these Terms:
Legal Inquiries: support@theshft.app
Privacy Inquiries: support@theshft.app
Abuse Reports: support@theshft.app
General Support: support@theshft.app
Response time may vary. We aim to respond to legal inquiries within 30 business days.