Terms of Service

1. Provider & scope

The provider is KyotoTech LLC (合同会社KyotoTech), Kyoto, Japan ("KyotoTech", "we"). These terms govern the use of saqura.de, the SaQura software (SDKs), the hosted crypto API and the related licences. Deviating customer terms apply only with our express written consent.

2. Subject matter

SaQura comprises two products: (i) the SaQura Library — cryptographic software components (SDKs for .NET, Android/Kotlin, Swift and Web/JavaScript) that you embed into your own application and that run entirely on your infrastructure; and (ii) the hosted SaQura Crypto API — a REST service we operate for cryptographic operations. The scope depends on the chosen tier or licence model.

The Crypto API is offered in the Free, Basic, Standard, Pro, Scale and Enterprise tiers; the SaQura Library in the Free, Developer and Per-Product licence models as well as Enterprise. The Free tier/licence model may be functionally limited (watermark, size limits), is intended for evaluation only and is provided free of charge "as is". For the processing of personal data via the hosted Crypto API, the Data Processing Agreement (DPA) applies in addition.

3. Conclusion of contract

The website presentation is an invitation to make an offer. By completing the order (payment via Stripe) you make a binding offer; the contract is concluded upon our confirmation or provision.

4. Prices & payment

The prices shown on saqura.de at the time of order apply. The display and billing currency may depend on your region (including EUR, USD, GBP, JPY). For consumers, prices are inclusive of any applicable statutory taxes; for businesses, prices may be shown net plus applicable taxes, and the reverse-charge mechanism may apply to cross-border B2B supplies. Taxes are shown and remitted as legally required.

Payment is made via our payment service provider Stripe. Crypto API subscription fees are due in advance for the respective billing period (monthly or yearly); SaQura Library licences are purchased as a one-time payment for the chosen period (section 5).

For usage-based (metered) Crypto API tiers, each billing period includes an allowance of requests. Requests beyond the included allowance are billed by usage on monthly plans (overage: €1 per 1,000 additional requests, or the equivalent in the selected currency); annual plans include no usage-based overage. The provider's server-side request counters are authoritative for measuring volume. The applicable allowances and overage prices are shown at the time of order and in the product documentation (saqura.de/docs/api); they are starting values and may be adjusted with effect for future billing periods.

We will notify price changes for ongoing subscriptions in text form at least 30 days before they take effect; they apply from the next renewal period. You may cancel the subscription effective at the end of the current period before such changes take effect; if you continue to use the service thereafter, the changed prices are deemed accepted. If the customer is in default of payment, we may temporarily restrict access to the paid services after an unsuccessful payment request.

5. Term & cancellation

Crypto API subscriptions run for the chosen period (monthly or yearly) and renew automatically for the same period unless cancelled before expiry. You may cancel at any time effective at the end of the current billing period (self-service via the customer portal). SaQura Library licences are purchased as a one-time payment for the chosen period (typically one year) and do not renew automatically; continuing the licensed use requires a renewed purchase. The right to extraordinary termination for good cause remains unaffected.

6. Consumer right of withdrawal

A right of withdrawal exists only for consumers (§ 13 German Civil Code). Businesses (§ 14 German Civil Code) have no statutory right of withdrawal.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us (KyotoTech LLC, Kyō-machi 2-237-202, Fushimi-ku, Kyoto 612-8083, Japan, email: support@kyototech.co.jp) by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the form below, although it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

Early expiry of the right of withdrawal

For a contract for the supply of digital content not on a tangible medium, or of digital services, the right of withdrawal expires once we have begun performance after you have expressly consented to us beginning performance before the end of the withdrawal period and confirmed your knowledge that you thereby lose your right of withdrawal (§ 356(5) German Civil Code).

Withdrawal form

(If you want to withdraw from the contract, please complete and return this form.)

— To KyotoTech LLC, Kyō-machi 2-237-202, Fushimi-ku, Kyoto 612-8083, Japan, support@kyototech.co.jp:
— I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date
(*) Delete as appropriate.

7. Licence & usage rights

Subject to full payment, you receive a non-exclusive, non-transferable and — within statutory and contractual limits — revocable right of use within the scope of the chosen tier or licence model. All intellectual property and copyright in the software remain with KyotoTech LLC.

For the SaQura Library, the scope of use depends on the licence model:

• Free — free of charge, solely for testing and evaluation; functionally limited (watermark, size limits). No use in production environments and no distribution to third parties.
• Developer — purchased per developer (seat) and entitles the licensed developers to watermark-free use of the Library for internal development, internal tools and evaluation. The Developer licence does not permit distribution of the Library within a product delivered to third parties.
• Per-Product — comprises both a watermark-free right of use for development and the right to embed the compiled SaQura Library into one specified product you name and to distribute it to your end customers as part of that product, in unlimited units and royalty-free (without per-unit fees). For this you receive a standard licence and a distribution licence (provided by email). The licence is product-specific; each further shipped product requires its own Per-Product licence.
• Enterprise — organisation-wide use and/or distribution across multiple products on separately agreed terms.

For the hosted Crypto API, you receive the right to use the service within the scope of the chosen tier (rate limits, included allowances, feature scope) via your API key. Any use beyond the respective licensed scope — in particular distributing the Library outside a product covered by a Per-Product or Enterprise licence — remains excluded under section 8.

8. Usage restrictions

In particular, you may not: pass on, redistribute, rent, sublicense or make the software available to third parties, in whole or in part, except to the extent expressly covered by the licence model purchased (embedding into the licensed shipped product under a Per-Product or Enterprise licence); reverse-engineer, decompile or disassemble it (except where mandatorily permitted by law); remove or circumvent proprietary notices, watermarks or licensing/security mechanisms; share or disclose licence keys without authorisation; use the software for unlawful purposes (malware, unlawful surveillance, money laundering, terrorist financing).

9. Export control

The software contains cryptography that may be subject to export controls (Wassenaar, Japanese foreign-trade law/METI, EU Dual-Use). You are solely responsible for compliance with all applicable export control and sanctions rules.

10. Key and data backup

You are solely responsible for generating, securely storing and backing up your keys and for backups of your unencrypted data. KyotoTech stores no keys and cannot recover lost keys or data.

11. Warranty

For free components (Free tier), liability for defects is limited to intent and gross negligence, where permitted. For paid services, statutory warranty rights apply; vis-à-vis businesses they may be limited to the extent permitted.

12. No assurance of absolute security

Cryptographic methods are considered secure by today's state of the art but are not provably unbreakable. We do not warrant uninterrupted, error-free operation or security against all (including future) attacks.

13. Liability

We are liable without limit for intent and gross negligence, for injury to life, body or health, under product liability law, and within a given guarantee. For slight negligence we are liable only for breach of essential contractual obligations (cardinal duties), limited to the foreseeable damage typical for the contract. Further liability (indirect damage, lost profit, data loss due to improper key management) is excluded, except where liability is mandatory.

14. Indemnification (businesses)

If you are a business, you indemnify KyotoTech against third-party claims arising from your culpable unlawful use or breach of these terms (including export control law).

15. Changes to these terms

We may amend these terms with effect for the future. We will notify you of material changes; continued use constitutes acceptance (with notice of your right to object).

16. Governing law & jurisdiction

Japanese law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For EU consumers, the mandatory consumer protection provisions of their country of residence remain unaffected (Art. 6 Rome I). Place of jurisdiction for merchants is, where permitted, Kyoto, Japan.

17. Final provisions

Invalid provisions do not affect the validity of the remainder. Amendments require text form.