Terms of Service

1. Service Description

Truestamp provides cryptographic timestamping services that create immutable proof of data existence and integrity. Our service allows you to:

• Submit data for cryptographic timestamping
• Generate verifiable proofs of data existence
• Access and manage your timestamped items
• Redact submitted data while preserving cryptographic proofs
• Verify timestamps and cryptographic proofs

AI Assistant

The Service includes an AI assistant. Assistant responses are generated by a machine and may be inaccurate, incomplete, or outdated. They are provided for information only, are not legal, financial, or professional advice, and do not form part of any cryptographic proof. Verify important statements independently before relying on them. Conversation content is processed by the AI subprocessors listed in our Privacy Policy, which also describes how conversations are stored and for how long. Daily usage limits apply and vary by plan.

2. User Accounts and Registration

To use our services, you must:

• Be at least 13 years of age, or the age of digital consent in your jurisdiction if higher (which ranges from 13 to 16 across EU member states under GDPR Article 8). Users between 13 and the local age of digital consent, where that age is higher than 13, must have verifiable parental or guardian consent. Users under 13 are not permitted to use the Service, in accordance with the U.S. Children's Online Privacy Protection Act (COPPA) and equivalent laws
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3. Acceptable Use

Permitted Uses

You may use our service for legitimate purposes including:

• Protecting intellectual property
• Creating audit trails and compliance records
• Verifying document authenticity
• Research and academic purposes
• Any lawful business or personal use

Prohibited Uses

4. API Access and Usage

If you access our services through our REST or GraphQL APIs:

• You are responsible for maintaining the confidentiality of your API keys and must revoke any compromised keys immediately
• You must respect published rate limits and usage quotas for your plan tier
• All API activity under your keys is your responsibility, whether authorized by you or not
• Automated access must identify itself accurately and must not circumvent rate limiting or access controls
• We may suspend API access if we detect abuse, excessive load, or security concerns

5. Content and Data Management

Your Responsibilities

• You are solely responsible for all data and content you submit
• You must have the right to submit any data you timestamp
• You must comply with all applicable laws regarding your content
• You must not submit content that violates third-party rights

Item Visibility

Every item has a visibility setting: private, team, or public. A public item can be viewed, found through search, and verified by anyone, with or without a Truestamp account, and the claims you submitted with it (such as its name, description, tags, and any location or metadata) are exposed to the public. Items submitted through the web interface on the free plan are created with public visibility; items submitted through the APIs default to private. You are responsible for choosing the visibility of your items and for what they contain. Changing a public item back to private stops new access through the Service, but it cannot recall information that others have already viewed or saved.

Our Rights

Complaint and Appeal Process

If your content is restricted or your account is suspended, you may contest the decision by contacting [email protected] within six months of the action. We will review complaints in a timely, non-discriminatory, and non-arbitrary manner, using qualified human review where practicable. We will notify you of the outcome and provide reasons. This process is provided in accordance with the EU Digital Services Act and equivalent laws.

6. Service Availability and Support

We strive to provide reliable service but cannot guarantee:

• Uninterrupted or error-free service
• Specific uptime percentages
• Compatibility with all systems or devices
• Recovery of data after system failures

We may suspend or discontinue service for maintenance, updates, or legal compliance. Paid plans may include specific service level commitments, which will be detailed in the applicable plan description.

Free Plan Data Retention

Items submitted on the free plan automatically expire 90 days after submission. We send warning emails in advance, and expired items pass through a short grace period during which upgrading your plan restores them. After the grace period, all server-side data for the item is permanently removed from our systems, including the data required to generate or verify its cryptographic proofs. Hash values previously committed to public blockchains remain on those networks indefinitely, but we cannot reconstruct a proof for an expired item. If you want a permanently verifiable record, download the complete proof while the item is still active; any proof you download remains independently verifiable after the item has expired. Paid plans are not subject to this automatic expiry.

7. Fees and Payment

Truestamp offers both a free plan and paid subscription tiers. The following terms apply to any paid plans:

• Fees for services are clearly displayed before purchase
• All fees are non-refundable unless required by law or by applicable consumer protection regulations
• We may change pricing with at least 30 days' advance notice. If we increase fees for a subscription you have prepaid, you may terminate the affected subscription before the change takes effect and receive a pro-rata refund of fees paid for the unexpired period
• You authorize us to charge your payment method
• Overdue accounts may result in service suspension

EU and UK Consumer Withdrawal Right

If you are a consumer resident in the European Union, European Economic Area, or United Kingdom, you have the right to withdraw from a contract for paid services within 14 days of entering it, without giving any reason, in accordance with EU Directive 2011/83/EU and the UK Consumer Contracts Regulations 2013. To exercise this right, notify us at [email protected] using any clear statement, or use the model withdrawal form at Annex I(B) of Directive 2011/83/EU.

By starting to use our paid services within the 14-day withdrawal period, you expressly request immediate performance and acknowledge that your right of withdrawal is lost once performance has begun, to the extent permitted by applicable law.

8. Intellectual Property

Our Rights

Truestamp retains all rights to our platform, technology, trademarks, and proprietary methods. This includes our cryptographic algorithms, user interface, and service infrastructure.

Your Rights

You retain ownership of your original content. By submitting content to the Service, you grant us a limited, worldwide, non-exclusive license to host, store, reproduce, process, transmit, and display that content as necessary to operate the Service: to compute and maintain cryptographic proofs, to show items to the users your visibility settings authorize, and, for items with public visibility, to make them available to the general public through our search and verification pages. This license ends when the relevant content is deleted or your account is closed, except for cryptographic hash values, which remain in our records and on public blockchains for integrity purposes as described in Section 9.

If you send us suggestions or feedback about the Service, we may use them without restriction or obligation to you. Feedback does not include your timestamped content.

Notices of Infringement and Illegal Content

If you believe that content submitted to the Service infringes your copyright or other intellectual property rights, or that any content is unlawful, you may send a notice to [email protected]. To be actionable, a notice should include: (a) a sufficiently detailed description of the allegedly infringing or illegal content and its location on the Service; (b) the legal basis for the claim, including the rights allegedly infringed where applicable; (c) your name, address, and contact information; (d) a statement made under penalty of perjury (for copyright claims under the U.S. Digital Millennium Copyright Act) that the notice is accurate and that you are the rights-holder or authorized to act on their behalf; and (e) your physical or electronic signature.

We will review valid notices without undue delay and may restrict or remove content in accordance with Section 5. We will notify the affected user and, where required by the EU Digital Services Act or equivalent law, provide both parties with a statement of reasons and information about available redress. Submission of a materially false or misleading notice may subject the sender to liability for damages under applicable law.

For copyright claims under U.S. law, our designated DMCA agent is: DMCA Agent, Truestamp Inc., 2810 N Church St Ste 82200, Wilmington, DE 19802-4447, United States, phone +1 415 234 3202, email [email protected]. This designation is on file in the U.S. Copyright Office DMCA Designated Agent Directory (registration DMCA-1079689).

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these terms by reference. Key points include:

• We do not sell or share your personal data for marketing
• You can redact submitted data while preserving cryptographic proofs
• Blockchain records are immutable by design
• You have rights to access, correct, and delete your personal information

Business Customers and Data Processing

If you use the Service on behalf of an organization and our processing of personal data through the Service makes you a controller and Truestamp a processor under the EU General Data Protection Regulation (GDPR), the UK GDPR, or an equivalent law, our Data Processing Addendum (DPA) applies and is incorporated into these Terms by reference. The DPA incorporates the European Commission Standard Contractual Clauses (Commission Decision 2021/914) and the UK International Data Transfer Addendum where applicable. See our Data Processing Addendum page for more detail, or email [email protected] to request an executable copy.

International Data Transfers

Truestamp is based in the United States and may process your information in the United States and other jurisdictions. Where personal data is transferred out of the European Economic Area, the United Kingdom, or Switzerland, we rely on lawful transfer mechanisms, namely the European Commission Standard Contractual Clauses, the UK International Data Transfer Addendum, and their Swiss equivalents, together with supplementary technical and organizational measures such as encryption in transit and at rest. We do not currently rely on the EU-US Data Privacy Framework. Details are in our Privacy Policy.

Blockchain Commitments and Personal Data

Data committed to the Truestamp internal blockchain and to external public blockchains (such as Stellar and Bitcoin) consists solely of cryptographic hash values. These hashes are produced using SHA-256 cryptographic hashing and are structurally salted by: (a) verifiable external entropy sources, including the U.S. NIST Randomness Beacon and block hash values of prior public blockchain blocks; (b) the hashes of all other items submitted to the Service before yours, via inclusion in a Merkle tree; and (c) internally generated identifiers. As a result, published hashes are not reversible to recover your original content and do not, on their own, identify you.

When you delete your content or account, we erase your original data, metadata, and the internal mappings that would allow any published hash to be associated with you. Once those mappings are destroyed, we consider the remaining on-chain hash values to fall outside the definition of personal data in GDPR Article 4(1) and equivalent laws. This approach is designed to reconcile cryptographic integrity with the right to erasure, but does not itself replace or modify your statutory rights, which remain governed by our Privacy Policy and applicable law.

10. Disclaimers and Limitations

Service Disclaimers

Electronic Timestamps and Evidentiary Effect

Truestamp proofs are electronic timestamps within the meaning of Regulation (EU) 910/2014 (eIDAS), as amended. Truestamp is not a qualified trust service provider, and our proofs are not qualified electronic timestamps under Article 42 of that Regulation. Under Article 41, an electronic timestamp may not be denied legal effect or admissibility in legal proceedings solely because it is not qualified, but the evidentiary weight given to any proof is determined by the court, tribunal, or authority before which it is presented.

A Truestamp proof establishes that specific data existed and was submitted to the Service within a provable submission window. It does not establish when the data was originally created, who authored it, or that its contents are accurate or true. Nothing in the Service constitutes legal advice. You are responsible for determining whether a Truestamp proof satisfies the evidentiary, regulatory, or retention requirements that apply to your use case.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUESTAMP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION. Our total aggregate liability arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) one hundred US dollars (USD 100) or its local-currency equivalent.

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; (d) any liability that cannot lawfully be excluded or limited under applicable law, including statutory rights of consumers under the EU Digital Content Directive (2019/770), the EU Consumer Sales Directive, the UK Consumer Rights Act 2015, and equivalent legislation. If you are a consumer, these Terms do not affect your mandatory statutory rights.

11. Indemnification

This Section 11 applies only to users acting in the course of a trade, business, craft, or profession (including organizations and teams on paid plans). It does not apply to individual consumers acting outside their trade, business, craft, or profession.

If this Section applies to you, you agree to defend, indemnify, and hold harmless Truestamp and its officers, directors, employees, and agents from and against third-party claims, damages, losses, and reasonable expenses (including reasonable attorneys' fees) to the extent arising from: (a) your material breach of these Terms; (b) your willful or negligent violation of applicable law in connection with your use of the Service; or (c) your infringement of a third party's intellectual property or privacy rights through content you submit to the Service.

This indemnification does not apply to the extent a claim arises from Truestamp's own negligence, willful misconduct, or breach of these Terms. We will promptly notify you of any claim for which we seek indemnification, allow you to control the defense with counsel of your choice (subject to our approval, not unreasonably withheld), and cooperate reasonably. You may not settle any claim in a way that imposes obligations on us without our prior written consent.

12. Termination

Termination by You

You may terminate your account at any time by:

• Using account deletion features in our platform
• Contacting our support team
• Following account closure procedures

Termination by Us

We may suspend or terminate your account for:

• Violation of these terms or our policies
• Illegal or harmful activity
• Non-payment of fees
• Protecting our service or other users
• Legal or regulatory requirements

Effect of Termination

Upon termination, your access to the Service ends. We will delete your Items, associated metadata, and the internal mappings between those Items and any published hash values within a reasonable period not exceeding sixty (60) days, except as set out below. Items you created that are owned by another user or by a team that retains ownership of its items are not deleted; they remain with their owner, and our record of you as their creator is replaced with an anonymous placeholder. If you created a team that retains ownership and that team still holds team-owned items, you must remove those items or delete that team before your account can be deleted. Previously downloaded proofs remain independently verifiable.

We may retain limited information after termination where required or permitted by applicable law, including for: billing, tax, and accounting records; the defense or assertion of legal claims; fraud and abuse prevention; compliance with a legal hold, subpoena, regulator request, or sanctions obligation; and backup or log data pending its scheduled rotation. Retained records are access-restricted, used only for the stated purpose, and deleted at the end of their lawful retention period.

Hash values previously committed to public blockchains (such as Stellar and Bitcoin) cannot be removed from those networks, which are outside our control. As described in Section 9, those hashes are structurally salted by external entropy and by the hashes of unrelated submissions, and once we erase the internal mappings linking them to you, they are not, on their own, personal data. Your statutory rights, including rights of access, rectification, and erasure under GDPR and equivalent laws, are governed by our Privacy Policy.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. If you are a consumer resident in the European Union, European Economic Area, United Kingdom, or Switzerland, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence, in accordance with Regulation (EC) No 593/2008 (Rome I) Article 6 and equivalent national law. If you are a consumer resident in the United States, this choice of law does not deprive you of the protection of mandatory consumer protection provisions of the law of your state of residence.

Informal Resolution

Before bringing a formal proceeding, you agree to first attempt to resolve any dispute by contacting [email protected] and allowing us thirty (30) days to respond in good faith.

Arbitration and Class Action Waiver (U.S. Users)

If you are a resident of the United States, any unresolved dispute arising out of or related to these Terms or the Service shall be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (for claims under USD 250,000) or its Comprehensive Arbitration Rules and Procedures (for larger claims), as then in effect. The seat of arbitration is Wilmington, Delaware, and the arbitration shall be conducted in English. Hearings will be held by videoconference unless the parties agree otherwise; if you are an individual consumer and an in-person hearing is held, it will take place in your hometown area, as provided by the JAMS Consumer Arbitration Minimum Standards. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information. Small-claims actions may also be brought in an appropriate small-claims court.

You and Truestamp agree to bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. The arbitrator has no authority to consolidate claims or preside over any representative proceeding. If this class-action waiver is found unenforceable as to any claim, that claim (but only that claim) shall be severed and litigated in court.

You may opt out of this arbitration agreement entirely, with no effect on any other part of these Terms, by emailing [email protected] within 30 days of first accepting these Terms, stating your account email and that you opt out of arbitration. If you are an individual consumer, arbitration fees will be allocated as required by the JAMS Consumer Arbitration Minimum Standards: you pay no more than the then-current consumer filing fee, and we pay the remaining JAMS fees and arbitrator compensation. If 25 or more similar demands are filed by or with the assistance of the same or coordinated counsel, the parties agree that the demands may be resolved in staged proceedings, with a first set of bellwether arbitrations proceeding while the remainder are held in abeyance, so that filing fees are incurred only as cases actually proceed.

EU, EEA, UK, and Swiss Consumers

If you are a consumer resident in the European Union, European Economic Area, United Kingdom, or Switzerland: (a) you may bring claims against us, and we may bring claims against you, only in the courts of the member state or country of your habitual residence, or in the courts where Truestamp is established; (b) the arbitration and class-action-waiver provisions above do not apply to you; and (c) the European Commission provides an Online Dispute Resolution (ODR) platform for out-of-court resolution of consumer disputes, available at https://ec.europa.eu/consumers/odr. We do not commit to using any specific alternative dispute resolution body but are willing to engage in good-faith dispute resolution.

14. Changes to Terms

We may update these terms from time to time. Material changes will be notified through:

• Email notification to registered users
• Prominent notice on our website
• In-app notifications

For material changes, we will provide at least 30 days' advance notice before the updated terms take effect. You may reject the revised Terms by closing your account before they take effect, in which case we will refund, on a pro-rata basis, any prepaid fees for paid services not yet rendered. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Export Controls and Compliance

You agree to comply with all applicable export control, import, and economic sanctions laws, including those administered by the U.S. Department of Commerce Bureau of Industry and Security (BIS), the U.S. Office of Foreign Assets Control (OFAC), the European Union (Regulation (EU) 2021/821 on dual-use items and Council sanctions regulations), the United Kingdom (HM Treasury's Office of Financial Sanctions Implementation and the Export Control Joint Unit), the Swiss State Secretariat for Economic Affairs (SECO), and equivalent authorities in the jurisdiction from which you access the Service. You may not use the Service if you are located in, ordinarily resident in, or a national of any country or territory subject to comprehensive sanctions under these regimes, or if you are listed on any applicable restricted-party, denied-persons, or sanctioned-party list.

16. General Provisions

• Severability: If any provision is unenforceable, the remainder remains in effect
• Entire Agreement: These terms constitute the complete agreement between parties
• No Waiver: Failure to enforce any provision does not waive our rights
• Assignment: We may assign these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms. If you are a consumer and you do not agree to the assignment, you may terminate your account without penalty within 30 days after we notify you, and we will refund any prepaid fees for services not yet rendered. You may not assign these Terms without our prior written consent.
• Force Majeure: We are not liable for delays due to circumstances beyond our control
• Survival: Provisions that by their nature should survive termination do so, including Sections 8 (Intellectual Property), 10 (Disclaimers and Limitations), 11 (Indemnification), 12 (Effect of Termination), and 13 (Governing Law and Disputes)
• Language: These Terms are published in English. The English text is the authoritative version and governs in the event of any conflict or question of interpretation. Translated content elsewhere on this site is provided for convenience, does not form part of these Terms, and does not modify them.

17. Contact Information

Truestamp Inc., a Delaware corporation registered at 16192 Coastal Hwy, Lewes, DE 19958, United States, is the entity contracting with you under these Terms. For questions about these Terms of Service, please contact us:

• [email protected]