TERMS OF SERVICE

Effective Date: 1 January, 2026
Last Updated: 23 January, 2026

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and DARKHORSEONE LIMITED ("Company," "we," "us," or "our"), a private limited company incorporated in England and Wales (Company Number: 15002342), governing your access to and use of the SaidMe mobile application (the "Application," "Service," or "Platform").

BY ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must immediately cease all use of the Service and uninstall the Application.

Registered Office:
DARKHORSEONE LIMITED
Suite 3.1, 27 Castle Street
Canterbury, Kent
CT1 2PX
United Kingdom

Company Number: 15002342
Contact Email: jian.ma@darkhorseone.co.uk

2. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below:

• "Account" means the user profile created upon authentication via Apple Sign-In.
• "Check-In" means a user-initiated confirmation of continued engagement with the Service, required at intervals determined by the User's Entitlement Tier.
• "Entitlement Tier" means the subscription level (FREE or LIFETIME ACCESS) governing the features and limitations of the Service.
• "Secure Message" means encrypted content submitted by a User for conditional delivery to designated Recipients.
• "Recipient" means an individual designated by a User to receive a Secure Message upon triggering conditions (failure to Check-In within the configured interval).
• "Triggering Event" means the occurrence of a missed Check-In deadline while a Secure Message is armed, resulting in automatic delivery to Recipients.
• "Grace Period" means an additional time buffer after the Check-In deadline before a Triggering Event occurs.
• "Intellectual Property" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights in and to the Service.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Authentication

Account creation requires authentication via Apple Sign-In. You agree to provide accurate, current, and complete information during the authentication process. You are solely responsible for maintaining the confidentiality of your Apple ID credentials.

3.2 Account Responsibility

You are responsible for all activities conducted through your Account. You agree to:

• Notify us immediately of any unauthorized access or security breach
• Ensure that your email address (if provided) remains current and valid
• Not share your Account credentials with third parties
• Not create multiple Accounts to circumvent Entitlement Tier limitations

3.3 Account Suspension or Termination

We reserve the right to suspend or terminate your Account, without prior notice or liability, if you:

• Violate any provision of these Terms
• Engage in fraudulent, abusive, or illegal activities
• Attempt to reverse-engineer, decompile, or disassemble the Application
• Interfere with the proper functioning of the Service or servers

4. DESCRIPTION OF SERVICE

4.1 Core Functionality

The Service enables Users to:

1. Create and encrypt a Secure Message intended for designated Recipients
2. Configure Check-In intervals (ranging from 1 to 30 days, depending on Entitlement Tier)
3. Perform periodic Check-Ins to confirm continued engagement
4. Automatically deliver the Secure Message to Recipients if a Check-In is missed

4.2 Entitlement Tiers

The Service offers two main subscription levels:

4.2.1 FREE Tier

• Recipients: Maximum 1 Recipient
• Check-In Interval: 30 days only
• Grace Period: Not available
• Reminders: Not available
• Resend Functionality: Not available
• Cost: No charge

4.2.2 LIFETIME ACCESS (Paid)

• Recipients: Maximum 2 Recipients
• Check-In Intervals: Customizable from 1 to 30 days
• Grace Period: Customizable from 0 to 48 hours
• Reminders: Email notifications 24 hours before Check-In deadline
• Resend Functionality: Up to 3 automatic resend attempts at 24-hour intervals if initial delivery fails
• Cost: £7.99 GBP (British Pounds Sterling) one-time purchase or equivalent in your local currency (approximately ¥68 CNY, $9.99 USD, €9.99 EUR)

Note: "PRO" and "MAX" legacy tiers are consolidated into "Lifetime Access". Existing users retain their purchased benefits. Pricing is subject to currency conversion rates and local taxes (including VAT where applicable). Final prices are displayed in your local currency at the time of purchase through the Apple App Store.

4.3 Service Limitations

The Service is designed for personal, non-commercial use. You agree NOT to use the Service for:

• Sending spam, unsolicited marketing, or bulk communications
• Transmitting illegal, harmful, threatening, abusive, or defamatory content
• Impersonating any person or entity
• Storing sensitive financial information (e.g., credit card numbers, banking credentials)
• Storing government-issued identification documents (e.g., passports, national insurance numbers)

5. ENCRYPTION AND DATA SECURITY

5.1 Encryption Architecture

Secure Messages are encrypted using envelope encryption:

1. Client-Side Encryption: Your message is encrypted in the Application using AES-256-GCM with a randomly generated Data Encryption Key (DEK)
2. Key Wrapping: The DEK is encrypted using our server's RSA-OAEP public key (4096-bit)
3. Server Storage: The encrypted message and wrapped DEK are stored separately in our database

5.2 Decryption Capability

IMPORTANT NOTICE: While your Secure Messages are encrypted at rest, our servers possess the cryptographic keys necessary to decrypt them for delivery purposes. This is essential to the Service's functionality and means that:

• We CAN decrypt your messages when a Triggering Event occurs
• We CAN access message content if compelled by law enforcement or court order
• The Service does NOT provide end-to-end encryption in the manner of peer-to-peer systems

5.3 Security Disclaimer

While we implement industry-standard security measures (see Privacy Policy), WE DO NOT GUARANTEE that:

• The Service will be free from unauthorized access, hacking, or data breaches
• Encryption will be unbreakable by future computational advances
• Third-party email providers (used to deliver Secure Messages) will maintain confidentiality

YOU ASSUME ALL RISKS associated with transmitting sensitive information through the Service.

6. PAYMENT TERMS

6.1 One-Time Purchase Model

Lifetime Access upgrades are provided on a one-time purchase basis. Upon successful payment via Apple In-App Purchase:

• You gain permanent access to the purchased tier's features
• No recurring subscription fees or renewals
• Access remains active for the lifetime of your Account

All prices are displayed in your local currency at the time of purchase and include applicable taxes (including UK VAT at the standard rate of 20% where applicable) as required by law.

6.2 Pricing

• Lifetime Access: £7.99 GBP one-time purchase (or local equivalent)

Note: Pricing is subject to currency conversion rates and local taxes. Final prices are displayed in your local currency at the time of purchase through the Apple App Store.

6.3 Payment Processing

• Payment Method: All purchases are processed exclusively through Apple In-App Purchase
• Immediate Access: Tier upgrades are activated immediately upon successful payment verification
• Purchase Restoration: You may restore previous purchases on new devices by using the same Apple ID

6.4 Refund Policy

ALL PURCHASES ARE FINAL AND NON-REFUNDABLE. Once you complete a one-time purchase and the tier upgrade is activated, no refunds will be issued under any circumstances, including but not limited to:

• Change of mind or accidental purchase
• Dissatisfaction with tier features
• Account deletion or termination
• Service discontinuation (except as provided in Section 14.2)

Important: You are encouraged to thoroughly review tier features and pricing before making a purchase. Purchasing a tier upgrade constitutes your acknowledgment that you have read and understood the features, limitations, and this non-refundable policy.

Apple Refund Requests: While we do not process refunds directly, you may submit a refund request to Apple Inc. through their standard refund process:

• iOS: https://support.apple.com/en-gb/HT204084

Refund decisions are made solely at Apple Inc.'s discretion and subject to their App Store refund policies. We have no control over Apple's refund determinations and cannot guarantee any refund outcome.

UK Consumer Rights: Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015. If the digital content is faulty or not as described at the time of purchase, you may be entitled to a repair, replacement, or refund under UK law. To exercise these rights, contact us at jian.ma@darkhorseone.co.uk with details of the fault or misdescription.

6.5 Price Changes

We reserve the right to modify purchase pricing for new customers at any time. However:

• Price changes will NOT affect users who have already completed a purchase
• Users who have purchased a tier retain access to that tier's features regardless of future price changes
• We will communicate significant price increases via in-app notification or the App Store product description

6.6 Taxes

Prices displayed include UK VAT (Value Added Tax) at the applicable rate. If you are located outside the UK, local taxes (such as GST, sales tax, or equivalent) may apply as determined by Apple Inc. and your local tax authorities.

7. TIER DOWNGRADES AND ACCOUNT MANAGEMENT

7.1 Tier Features Access

Once you purchase a Lifetime Access upgrade:

• You retain permanent access to that tier's features for the lifetime of your Account
• There are no subscription renewals or recurring charges
• Your tier status cannot expire due to non-payment (as it is a one-time purchase)

7.2 Voluntary Tier Downgrade

If you wish to downgrade from a purchased tier back to the FREE tier:

1. Open the Application
2. Navigate to Settings → Account → Downgrade Tier
3. Confirm downgrade via on-screen prompts

WARNING: Downgrading is IRREVERSIBLE. Once you downgrade:

• You immediately lose access to paid tier features (additional recipients, custom check-in intervals, reminders, resend functionality, grace period)
• No refund will be issued for the original purchase
• You must make a new purchase to upgrade again in the future
• Existing Secure Messages and Recipients exceeding FREE tier limits will be preserved but you cannot activate new messages until limits are met (maximum 1 recipient on FREE tier)

Recommendation: Consider carefully before downgrading, as you will forfeit access to features you have already paid for without compensation.

7.3 Account Deletion

To permanently delete your Account and all associated data:

1. Open the Application
2. Navigate to Settings → Account → Delete Account
3. Confirm deletion via on-screen prompts

WARNING: Account deletion is IRREVERSIBLE. All Secure Messages, Recipient lists, Check-In history, and tier purchases will be permanently erased within 30 days. No refunds will be issued for tier purchases upon Account deletion. See our Privacy Policy for data retention details.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership

The Service, including but not limited to software code, user interface design, logos, trademarks, documentation, and underlying algorithms, is the exclusive property of DARKHORSEONE LIMITED and is protected by UK copyright law, international copyright treaties, and other intellectual property laws.

8.2 Limited License

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable, limited license to:

• Download and install the Application on devices you own or control
• Access and use the Service for personal, non-commercial purposes

You do NOT acquire any ownership rights in the Service or Intellectual Property.

8.3 Restrictions

You agree NOT to:

• Copy, modify, adapt, translate, or create derivative works of the Application
• Reverse-engineer, decompile, disassemble, or attempt to discover source code
• Remove, alter, or obscure any proprietary notices (copyright, trademark, etc.)
• Rent, lease, lend, sell, sublicense, or distribute the Application
• Use the Service to develop competing products or services
• Extract data via scraping, crawling, or automated tools

8.4 User Content License

By submitting Secure Messages or other content to the Service, you grant us a worldwide, royalty-free, non-exclusive license to:

• Store, process, and transmit your content as necessary to provide the Service
• Decrypt and deliver Secure Messages to designated Recipients upon Triggering Events
• Retain encrypted copies for backup and audit purposes

You retain all ownership rights to your content. This license terminates when you delete your Account, except for content already delivered to Recipients.

9. PROHIBITED CONDUCT

You agree NOT to use the Service to:

9.1 Illegal Activities

• Violate any local, national, or international law
• Transmit content that infringes third-party intellectual property rights
• Facilitate illegal gambling, money laundering, or fraud

9.2 Harmful Content

• Send messages containing malware, viruses, or malicious code
• Transmit hate speech, harassment, threats, or incitements to violence
• Share sexually explicit content involving minors (child sexual abuse material)

9.3 Service Abuse

• Overload or interfere with servers or networks connected to the Service
• Use automated scripts, bots, or crawlers to access the Service
• Attempt to gain unauthorized access to other users' Accounts or data

9.4 Misrepresentation

• Impersonate another person, entity, or Company employee
• Provide false or misleading information during Account registration
• Create fake Accounts or manipulate Entitlement Tier limitations

Violation of this Section may result in immediate Account termination and referral to law enforcement.

10. DISCLAIMER OF WARRANTIES

10.1 "AS IS" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY: Fitness for a particular purpose
• NON-INFRINGEMENT: Freedom from third-party claims
• ACCURACY: Correctness of information or content
• RELIABILITY: Uninterrupted, timely, or error-free operation
• SECURITY: Freedom from viruses, malware, or unauthorized access

10.2 Email Delivery

We do NOT guarantee that:

• Secure Messages will be successfully delivered to Recipients
• Recipient email providers will not classify messages as spam
• Email delivery will occur within a specific timeframe
• Recipients will read or act upon delivered messages

10.3 Third-Party Services

The Service relies on third-party infrastructure, including:

• Apple Inc. (authentication, In-App Purchases)
• Brevo (email delivery)
• Internet Service Providers (network connectivity)

We are NOT RESPONSIBLE for failures, interruptions, or errors caused by third-party services.

10.4 Data Loss

We implement regular backups, but we do NOT warrant against data loss due to:

• Hardware failure or catastrophic events
• Software bugs or security breaches
• User error (e.g., accidental Account deletion)

YOU ARE SOLELY RESPONSIBLE for maintaining independent backups of critical Secure Messages.

11. LIMITATION OF LIABILITY

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARKHORSEONE LIMITED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• EMOTIONAL DISTRESS OR REPUTATIONAL HARM
• DAMAGES RESULTING FROM:
  • Unauthorized access to or alteration of your transmissions or data
  • Failure to deliver Secure Messages or missed Check-In reminders
  • Errors, omissions, or inaccuracies in the Service
  • Third-party conduct or content

11.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE LESSER OF:

1. The amount you paid to us in the 12 months preceding the claim, OR
2. One Hundred British Pounds Sterling (£100.00 GBP)

11.3 UK Consumer Rights

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under English law

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DARKHORSEONE LIMITED, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable solicitors' fees) arising out of or relating to:

• Your violation of these Terms or applicable laws
• Your use or misuse of the Service
• Content you submit, including Secure Messages sent to Recipients
• Your infringement of any third-party rights (intellectual property, privacy, etc.)
• Disputes between you and Recipients regarding delivered messages

This indemnification obligation survives termination of these Terms.

13. TERMINATION

13.1 Termination by You

You may terminate this Agreement at any time by:

1. Cancelling your subscription (if applicable)
2. Deleting your Account via Application settings
3. Uninstalling the Application from your devices

13.2 Termination by Us

We may suspend or terminate your access to the Service, with or without notice, if:

• You breach any provision of these Terms
• You engage in fraudulent, illegal, or abusive activities
• We cease operations or discontinue the Service (see Section 14)
• We are compelled to do so by law or court order

13.3 Effect of Termination

Upon termination:

• Your license to use the Service immediately ceases
• We may delete your Account and associated data per our Privacy Policy
• You remain liable for any outstanding payment obligations
• Sections 8 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 16 (Dispute Resolution) survive termination

14. SERVICE MODIFICATIONS AND DISCONTINUATION

14.1 Right to Modify

We reserve the right to:

• Modify, suspend, or discontinue any feature of the Service at any time
• Change Entitlement Tier limitations or pricing (see Section 6.5)
• Update the Application to address security vulnerabilities or bugs
• Alter these Terms (see Section 18)

14.2 Notice of Discontinuation

If we elect to permanently discontinue the Service, we will:

1. Provide at least 90 days' advance notice via email and in-app notification
2. Disable automatic subscription renewals
3. Provide instructions for exporting your Secure Messages and Recipient lists
4. Process refunds for any prepaid, unused subscription periods (prorated to the discontinuation date)

14.3 No Liability

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 14.2, WE SHALL HAVE NO LIABILITY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SERVICE.

15. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, pandemics)
• War, terrorism, civil unrest, or government actions
• Internet service provider failures or cyberattacks
• Labour strikes or supply chain disruptions
• Third-party service outages (Apple, Brevo, etc.)

Our obligations will be suspended for the duration of the force majeure event.

16. DISPUTE RESOLUTION

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does NOT apply.

16.2 Jurisdiction

Subject to Section 16.3 (Arbitration), the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

For EU/EEA Consumers: If you are a consumer habitually resident in the EU/EEA, you may also bring proceedings in the courts of your country of residence.

16.3 Alternative Dispute Resolution (Optional)

Before initiating formal court proceedings, we encourage you to contact us at jian.ma@darkhorseone.co.uk to attempt informal resolution for at least 30 days.

If you are a consumer in the EU, you may use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/

Note: Unlike the previous version, we do NOT require binding arbitration for UK/EU consumers, in compliance with UK/EU consumer protection laws. You retain the right to bring claims in court.

17. CHANGES TO THESE TERMS

17.1 Right to Amend

We may modify these Terms at any time by posting the updated version in the Application with a revised "Last Updated" date.

17.2 Notice of Material Changes

For material changes (e.g., modifications to payment terms, liability limitations, or governing law), we will:

• Email registered Users at least 30 days in advance
• Display a prominent in-app notification requiring acknowledgment

17.3 Acceptance

Continued use of the Service after the effective date of changes constitutes acceptance. If you do not agree to the revised Terms, you must cancel your subscription and delete your Account before the effective date.

18. MISCELLANEOUS PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DARKHORSEONE LIMITED and supersede all prior negotiations, understandings, or agreements (whether written or oral).

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to reflect the parties' intent to the maximum extent permitted by law.

18.3 Waiver

Our failure to enforce any provision of these Terms does NOT constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by an authorized representative of DARKHORSEONE LIMITED.

18.4 Assignment

You may NOT assign or transfer these Terms or your Account to any third party without our prior written consent. We may assign these Terms to any affiliate or successor entity without restriction.

18.5 Relationship of Parties

These Terms do NOT create a partnership, joint venture, employment, or agency relationship. You have no authority to bind us or make representations on our behalf.

18.6 Third-Party Beneficiaries

Except as expressly provided in Section 21 (Apple App Store Requirements), these Terms do NOT confer any rights or remedies upon any person other than you and DARKHORSEONE LIMITED (and our respective successors and permitted assigns).

18.7 Export Control

You agree to comply with all applicable export control laws and regulations, including those of the United Kingdom and the European Union. You represent that you are not located in a country subject to UK or EU trade embargo or designated as a "terrorist supporting" country, and you are not listed on any UK or EU government restricted parties list.

18.8 Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of conflict between the English version and a translation, the English version shall prevail.

18.9 Notices

All notices to DARKHORSEONE LIMITED must be sent in writing to:

Email: jian.ma@darkhorseone.co.uk
Registered Office:
DARKHORSEONE LIMITED
Suite 3.1, 27 Castle Street
Canterbury, Kent
CT1 2PX
United Kingdom

Notices to you may be sent via email to the address associated with your Account or via in-app notification.

19. CONTACT INFORMATION

For questions, concerns, or disputes regarding these Terms, contact us at:

DARKHORSEONE LIMITED
Email: jian.ma@darkhorseone.co.uk
Registered Office:
Suite 3.1, 27 Castle Street
Canterbury, Kent
CT1 2PX
United Kingdom

Response Time: We endeavor to respond to all inquiries within 5 business days.

20. APPLE APP STORE REQUIREMENTS

20.1 Acknowledgment

You acknowledge that:

• These Terms are between you and DARKHORSEONE LIMITED only, not Apple Inc.
• Apple has no obligation to provide maintenance or support for the Application
• Apple is not responsible for addressing claims relating to the Application or your use thereof
• In the event of third-party claims that the Application infringes intellectual property rights, DARKHORSEONE LIMITED (not Apple) is responsible for investigation and defense

20.2 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your use of the Application. Upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

END OF TERMS OF SERVICE

Document Version: 1.2
Language: English
Governing Law: The laws of England and Wales
Jurisdiction: Courts of England and Wales

ACKNOWLEDGMENT: By clicking "I Accept," creating an Account, or accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.