Terms of Service

By accessing, downloading, installing, or using the Plainsight service, website, browser application, APIs, libraries, or any related software or documentation (collectively, the "Service"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms in their entirety, you are not authorized to use the Service and must cease all use immediately.

Your continued use of the Service following the posting of any changes to these Terms constitutes irrevocable acceptance of those changes. These Terms constitute a legally binding agreement between you and Plainsight.

Plainsight provides hosted steganography and encryption tools. The Service enables users to encrypt files and optionally conceal encrypted payloads inside carrier files such as images, audio, and documents. Processing may occur on Plainsight infrastructure through authenticated background jobs, caches, and queue-backed workflows.

The Service is provided as a general-purpose cryptographic utility. Plainsight makes no representation or warranty that the Service is suitable for any specific use case, security requirement, regulatory framework, or compliance obligation.

You must be at least 18 years of age or the age of legal majority in your jurisdiction (whichever is greater) to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Plainsight does not condone, encourage, facilitate, or support any illegal activity whatsoever. The Service is provided exclusively for lawful purposes. You agree that you bear sole and complete responsibility for ensuring that your use of the Service complies with all applicable local, state, national, and international laws, statutes, regulations, and ordinances.

You expressly agree that you will not:

• Use the Service to conceal, transmit, store, or distribute any illegal, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable content
• Use the Service to facilitate, aid, or abet any criminal activity, including but not limited to fraud, money laundering, terrorism, trafficking, exploitation of minors, distribution of child sexual abuse material, espionage, stalking, harassment, or any other illegal conduct
• Use the Service to circumvent, defeat, or evade security measures, access controls, digital rights management, lawful surveillance, or lawful monitoring of any third-party system
• Use the Service to violate the privacy, publicity, or other personal rights of any individual
• Use the Service in violation of applicable export control, sanctions, or encryption regulations, including but not limited to the U.S. Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR)
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service beyond what applicable law expressly permits
• Represent Plainsight output as forensic-grade, undetectable, military-grade, or certified concealment
• Use the Service to infringe upon the intellectual property rights, trade secrets, or any other rights of any third party
• Interfere with, disrupt, or impose an unreasonable burden on the Service or its infrastructure, or attempt to gain unauthorized access to any part of the Service
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service
• Use any automated means, including bots, scrapers, or crawlers, to access or use the Service without our prior written consent

Violation of this section may result in immediate termination of your access to the Service without notice or refund, and may be reported to the appropriate law enforcement authorities. Plainsight reserves the right, but has no obligation, to monitor use of the Service for violations of these Terms.

You assume all risk and full responsibility for your use of the Service and any consequences arising therefrom. This includes, without limitation:

• The selection, management, and safekeeping of your passphrases and encryption keys. Lost passphrases cannot be recovered by anyone, including Plainsight; we do not store, transmit, or have access to your encryption keys under any circumstances. Plainsight shall bear no liability whatsoever for lost, forgotten, or compromised passphrases.
• Ensuring that your use of encryption and steganography complies with all applicable laws and regulations in your jurisdiction, including but not limited to laws governing data protection, privacy, encryption, export controls, concealment of information, and evidence tampering or obstruction of justice.
• Verifying the suitability of the Service for your particular security, operational, commercial, or regulatory requirements before relying on it.
• Maintaining backups of your original files. Plainsight is not responsible for data loss, corruption, or any inability to recover encrypted or concealed files for any reason.
• Any reliance you place on the cryptographic strength, steganographic resistance, or security properties of the Service. You acknowledge that no encryption or concealment method is infallible.
• The security of your account and local computing environment, including your credentials, device, operating system, browser, browser extensions, network connection, and any other software that may have access to your files or browser session.

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Plainsight immediately of any unauthorized use of your account or any other breach of security. Plainsight shall not be liable for any loss or damage arising from your failure to protect your account credentials. You may not share, transfer, or sell your account to any other person or entity.

Plainsight is designed for human-inspection-first concealment. It uses AES-256-GCM authenticated encryption with Argon2id key derivation. However, the Service does not guarantee or promise resistance to forensic analysis, steganalysis tooling, statistical analysis, format-aware machine inspection, or any other detection methodology. Cryptographic and steganographic techniques can and do have limitations, vulnerabilities, and failure modes.

You acknowledge and accept these limitations and agree that Plainsight shall have no liability whatsoever arising from the detection, interception, decryption, or exposure of any content processed through the Service, whether caused by limitations of the technology, advances in cryptanalysis, software defects, or any other reason.

The Service does not constitute and shall not be construed as legal, security, compliance, financial, or professional advice of any kind. Plainsight does not advise you on whether your particular use of encryption or steganography is lawful in your jurisdiction, adequate for your security needs, or compliant with any regulatory framework. You should consult qualified professionals regarding your specific legal, security, and compliance requirements. Plainsight disclaims all liability for any decisions you make, or actions you take, in reliance on the Service.

You retain ownership of all content you encrypt, conceal, or process using the Service ("User Content"). However, you are solely and exclusively responsible for your User Content and for ensuring that it complies with all applicable laws and regulations.

Plainsight has no knowledge of, access to, control over, or responsibility for your User Content. We do not screen, monitor, review, or inspect User Content, and we expressly disclaim any and all liability arising from or related to your User Content, including but not limited to any claims that your User Content is illegal, infringing, harmful, or objectionable.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PLAINSIGHT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "PLAINSIGHT PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE
• ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, VIRUS-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR QUALITY OF ANY CONTENT, INFORMATION, OR RESULT OBTAINED THROUGH THE SERVICE
• ANY WARRANTY THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS
• ANY WARRANTY REGARDING THE CRYPTOGRAPHIC STRENGTH, STEGANOGRAPHIC UNDETECTABILITY, OR SECURITY PROPERTIES OF THE SERVICE'S OUTPUT
• ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PLAINSIGHT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU USE THE SERVICE AT YOUR OWN RISK AND DISCRETION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PLAINSIGHT PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, PRIVACY, SECURITY, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE PLAINSIGHT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, THE PLAINSIGHT PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: (A) THE DETECTION, INTERCEPTION, OR EXPOSURE OF CONTENT YOU PROCESSED THROUGH THE SERVICE; (B) LOSS OF OR INABILITY TO RECOVER ENCRYPTED OR CONCEALED FILES; (C) LOST, FORGOTTEN, OR COMPROMISED PASSPHRASES; (D) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA; (E) ANY THIRD-PARTY CONDUCT, PRODUCTS, OR SERVICES; (F) BUGS, VIRUSES, OR OTHER MALICIOUS CODE TRANSMITTED THROUGH THE SERVICE; OR (G) ANY CONTENT OR CONDUCT OF ANY USER OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE PLAINSIGHT PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE ACTUALLY PAID TO PLAINSIGHT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE PLAINSIGHT PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

You agree to indemnify, defend, and hold harmless the Plainsight Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and court costs) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms or the Privacy Policy
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, or publicity right
• Any User Content you encrypt, conceal, transmit, or process using the Service
• Any dispute between you and any third party arising from your use of the Service
• Your negligence, willful misconduct, fraud, or failure to comply with applicable laws
• Any claim that your use of the Service caused damage to a third party

Plainsight reserves the right, at your 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. This indemnification obligation shall survive the termination of these Terms and your use of the Service.

Plainsight reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to the Service at any time, for any reason or no reason, with or without cause, with or without notice, and without any liability to you. Without limiting the foregoing, Plainsight may terminate your access immediately if we reasonably believe you have violated these Terms or any applicable law. Upon termination, all rights and licenses granted to you under these Terms shall immediately cease.

You may cease using the Service at any time. Termination does not relieve you of any obligations incurred prior to termination, including any indemnification obligations. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 4, 5, 8 through 12, 14 through 17, and 19 through 24.

Plainsight reserves the right to cooperate fully with any law enforcement authority, regulatory body, government agency, or court order that requests or directs us to disclose the identity, account information, or other information of any user of the Service. You irrevocably waive and hold harmless the Plainsight Parties from any and all claims resulting from any action taken by the Plainsight Parties during, as a result of, or as a consequence of investigations by law enforcement authorities or governmental agencies.

The Service may incorporate cryptographic technology that is subject to export control laws and regulations. By using the Service, you represent and warrant that:

• You are not located in, a national or resident of, or ordinarily resident in any country or territory that is the subject of comprehensive U.S. sanctions (including, as of the date of these Terms, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
• You are not listed on, or owned or controlled by any person listed on, any U.S. government restricted or denied parties list, including the Specially Designated Nationals and Blocked Persons List (SDN List) maintained by OFAC, the Entity List maintained by BIS, or any equivalent list maintained by the EU, UK, or other applicable jurisdiction
• You will not use, export, re-export, or transfer the Service in violation of any applicable export control or sanctions laws or regulations

The Plainsight name, logo, and Service design are the property of their respective owners. All content, features, and functionality of the Service — including but not limited to text, graphics, logos, icons, images, software, code, algorithms, and documentation — are owned by Plainsight or its licensors and are protected by United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws. Your use of the Service does not grant you any ownership interest, license, or intellectual property rights in the Service itself, except for the limited right to use the Service in accordance with these Terms.

If you provide Plainsight with any feedback, suggestions, ideas, improvements, or other input regarding the Service ("Feedback"), you hereby assign to Plainsight all right, title, and interest in and to such Feedback. Plainsight shall be free to use, reproduce, modify, distribute, and commercialize such Feedback without restriction, attribution, or compensation to you.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Service, including the determination of the scope or applicability of this agreement to arbitrate ("Dispute"), shall be resolved exclusively through final and binding arbitration, rather than in court, except that: (a) you may assert claims in small claims court if they qualify; and (b) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator, in English, and shall take place in the State of Delaware, United States. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees in connection with the arbitration, unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award attorneys' fees to the prevailing party.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PLAINSIGHT EACH WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND PLAINSIGHT EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION WITH RESPECT TO ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR THE SERVICE. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THE ARBITRATION PROVISION IN SECTION 18 SHALL BE NULL AND VOID.

These Terms 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 provisions. To the extent that any lawsuit or court proceeding is permitted under these Terms (including the arbitration carve-outs in Section 18), you irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Delaware, and you waive any objection based on inconvenient forum.

Plainsight shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Plainsight's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, embargoes, acts of governmental authorities, sanctions, power failures, internet or telecommunications failures, cyberattacks, infrastructure failures, labor disputes, or shortages of materials or supplies.

If any provision of these Terms is held to be invalid, unenforceable, or illegal by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties to the maximum extent possible.

These Terms, together with the Privacy Policy and any other policies, agreements, or terms expressly referenced herein or presented to you in connection with specific features of the Service, constitute the entire agreement between you and Plainsight regarding the Service. These Terms supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written, oral, or implied.

You may not assign, transfer, or delegate your rights or obligations under these Terms, in whole or in part, without the prior written consent of Plainsight. Plainsight may assign, transfer, or delegate its rights and obligations under these Terms without restriction and without notice to you, including in connection with a merger, acquisition, reorganization, or sale of assets. Any purported assignment by you in violation of this section shall be null and void.

These Terms are for the sole benefit of you and Plainsight and do not confer any rights, remedies, or benefits upon any third party, except that the Plainsight Parties are intended third-party beneficiaries of the indemnification, limitation of liability, and disclaimer provisions herein.

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, employment, or franchise relationship between you and Plainsight. Neither party has the authority to bind or obligate the other in any manner.

By using the Service, you consent to receiving electronic communications from Plainsight. You agree that all agreements, notices, disclosures, and other communications that Plainsight provides to you electronically satisfy any legal requirement that such communications be in writing.

We reserve the right to modify these Terms at any time in our sole discretion. Changes will be posted on this page with an updated revision date. It is your sole responsibility to review these Terms periodically. Your continued use of the Service after any changes constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service immediately.

The failure of Plainsight to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Plainsight. No waiver shall constitute a continuing waiver unless expressly stated.

Questions about these Terms may be directed to legal@plainsight.dev.