Conditions of use and limitation of liability

These Conditions of Use and Limitation of Liability apply to the entire service of Planck Secure Email (“Software”) and to any correspondence by email between you and us. You should read these Terms and Conditions carefully before using the Software. By using the Software, you indicate that you accept these Conditions of Use and Limitation of Liability. If you do not wish to be bound by these Terms and Conditions, do not access, or use the Software.


  1. These Terms and Conditions are issued by Planck Security SA. When we use “Planck Security”, "we", "us" or "our"; in these Terms and Conditions we are referring to Planck security SA. and any of our affiliates. When we use “you” or your”, we are referring to you, the user accessing this Software. Reference to the “Consumer” or “Company” means a business entity including a company, its employees, officers, agents, subcontractors, and others acting at its direction and control or under contract to it in connection which uses Planck Secure Email.

  2. You will be bound by those Terms and Conditions where you are accessing and using the Software. Where you are accessing the Software in the course of employment you act as your employer’s agent; your acceptance of these Terms and Conditions is deemed acceptance by your employer of these Terms and Conditions and any reference to “you” shall be deemed to include your employer.

  3. We may modify these Terms and Conditions from time to time, and such modifications shall be effective immediately upon posting on the Software. You should check these Terms and Conditions periodically so that you are aware of such modifications, as your continued access or use of the Software will demonstrate your acceptance of the Terms and Conditions as modified. If you do not accept any modifications, then do not access or use the Software. You will be able to access material on most areas of the Software without going through a registration process.

Statutory rights

  1. Nothing in these Terms and Conditions will affect your statutory rights.

Copyright and Intellectual Property Rights

  1. The Software is owned and operated by Planck Security SA. All of the content featured or displayed on this Software including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content") is owned by Planck Security SA. All elements of Planck Secure Email including, but not limited to, the general design and the Content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. This Software, its Content and all related rights shall remain the exclusive property of Planck Security SA or its licensors unless otherwise expressly agreed.

  2. All material contained in this Software, provided by Planck Security SA is only intended for the lawful use by its Consumer, Clients, employees and members of the general public. The material shall not be copied, republished, incorporated into another Software or reproduced (whether by linking, framing or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the written consent of Planck Security SA.

Access to the Software

  1. We endeavour to make the Software available uninterrupted and fault free. However, we will not be liable if for any reason the Software is unavailable at any time or for any period. Access to the Software may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reason.

Your obligations

  1. You must not violate any applicable national or international law in accessing or using the Software.

  2. You must not manipulate or otherwise display the Software by using framing or similar navigational technology. You may not link to the Software without our prior written consent.

  3. You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Software and for meeting all costs associated with that equipment.

  4. You may not misuse the Software (including, without limitation, by hacking).

  5. You shall indemnify us and employees from and against all losses, expenses, damages and costs (including legal fees) arising as a result of your breach of these Terms and Conditions, your negligence or otherwise as a result of your use of the Software.

Limitation of Liability

  1. You assume responsibility and risk for your use of the Software and the Internet generally. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, advertising and other information provided on the Software, via a link or on the Internet generally.

  2. While we have taken all reasonable steps to ensure the accuracy and completeness of the content of the Software, we exclude any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, that the Software or (including without limitation) all or any part of the content or materials, accuracy, availability or completeness of the content of the Software or any part of the content or materials, are appropriate or available for use either in the Europe or in other jurisdictions. If you use this Software from other jurisdictions, you are responsible for compliance with applicable local laws.

  3. We may make changes to the material on the Software, or to the specifications described in it, at any time without notice. The material on the Software may be out of date, and we make no commitment to update such material.

  4. Any opinions, advice, statements, offers, advertising, products, or other information expressed or made available by third parties on the Software, or via a link, are those of the third party concerned. We neither endorse nor are responsible for the accuracy or reliability of any third-party material. Planck security SA does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such material published on the Software.

  5. We accept no liability however caused (to the maximum extent permitted by applicable law) arising out of the use of or access to this Software (which includes without limitation) any errors or omissions contained in this Software or if the Software is unavailable and we shall not be liable, direct or indirect, for:
    1. any business loss including loss of revenue, profits or anticipated savings (whether those losses are the direct or indirect result of our default);
    2. loss of goodwill or reputation; or
    3. economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings); or
    4. any loss which was not reasonably foreseeable to us when you accessed or used the Software (even if it results from our failure to comply with these Terms and Conditions or our negligence); or
    5. any other loss or damage whatsoever which you suffer (even if it results from our failure to comply with these Terms and Conditions or our negligence and even if it was foreseeable to you and us when you accessed or used the Software); arising in connection with your use or inability to use the Software; or any information, or transactions provided on the Software, via a link, or downloaded from the Software or any delay in the provision of such information.

  6. You may use the Software to link to third party Software. If you use any link, you will leave the Software. Your use of any third-party Software will be subject to that third party’s terms and conditions. We do not monitor the content of third-party web sites and any links provided are for your convenience only.

  7. To the maximum extent permitted by applicable law, in no event shall we be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruptions, loss of business information or any other real or pecuniary loss). In any potential litigation our entire liability under any provision of this agreement shall be limited to the amount actually paid by you under subscription package.

  8. In no event shall we be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of any software, our technical support, failure to provide services, any loss of data or use of your computer equipment.

Governing law

  1. These Conditions of Use shall be governed by, and construed in accordance with, the laws of Luxembourg.


  1. These Terms and Conditions are personal to you. You shall not assign or transfer to anyone any of your rights or obligations under these Terms and Conditions without our prior written consent. You agree that this Agreement may be automatically assigned by Planck security, in its sole discretion, to a third party in the event of a merger or acquisition.

  2. Nothing in these Terms and Conditions shall be deemed to grant any rights or benefits to any person other than you or us.


  1. Any waiver by either you or us of any right under these Terms and Conditions will be confined to the circumstance in which it is given. It shall not affect the subsequent enforcement of the same right or the enforcement of any other right.


  1. If any part of these Terms and Conditions is for any reason found by a court or any other authority of competent jurisdiction to be void or otherwise unenforceable, that part shall be deemed omitted from these Terms and Conditions. The remainder of these Terms and Conditions shall remain in full force and effect to the maximum extent permitted by law.

Entire agreement

  1. These Terms and Conditions contain all our commitments and constitute the entire agreement between you and us in relation to your use of the Software. No other statement we make, including statements in any brochure or promotional literature published by us, may be incorporated into this agreement or have any legal effect.


  1. In order to avail our services, you will be required to use your email account. You may be asked to provide some personal information as well. You agree at all times that all the information you provided to us is accurate and complete, and you will oblige to regularly update this information as and when required. You agree to not impersonate any other individual or entity, misrepresent affiliation with any person/entity, or hide any required information from Planck security for any purpose. We agree to protect the information you provide to us, in accordance with our privacy policy. Failure to do so will constitute a breach of our terms and may lead to the termination of your account.
  2. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices, which includes but is not limited to computers, mobile devices and/or any other device a substantial purpose of which is facilitating telephonic communication, but which also incorporates functionality that allows viewing of the Software and its contents. You agree to accept responsibility for all activities that occur from your account or password.

Termination/Access restriction

  1. You and/or we may terminate these Terms and Conditions at any time, without prior notice, for any reason. All provisions of these Terms and Conditions which grant continuing rights or impose continuing obligations shall survive termination of these Terms and Conditions. 30. We may, in our sole discretion, terminate your access to the Software, at any time, without notice.

Internet Communications

  1. Planck security cannot guarantee continuous or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of Planck security control. For avoidance of doubt, Planck security is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.


  1. Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.


  1. Please kindly note that where this Agreement has been translated to any other non-English language, in the event of any inconsistencies in the meaning of any provision of the English language text of this Agreement, the English language text shall prevail.


  1. You hereby agrees and undertakes that you shall not, except as authorised by the Planck security in writing, communicate, divulge, reveal to or use for the benefit of any other person, firm or company any Trade Secrets and confidential information of the Planck security SA or any information concerning the Affiliates programme or the business, transactions or affairs relating hereto which may come to its knowledge hereunder and shall not use or attempt to use any such information in any manner which may injure or cause loss either directly or indirectly to Planck security SA or their businesses, and will procure their employees, agents and representatives and all other persons who had access to such information to keep strictly secret and confidential all such information

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