TwoKey+ Terms of Service

1. Who we are, and who agrees

TwoKey+ is provided by I Totally Need That LLC ("we", "us"), an Arizona limited liability company. By installing or using TwoKey+ you agree to these terms. If you use TwoKey+ for an organisation, such as a law firm, you agree on its behalf and confirm you are authorised to. If you do not agree, do not use the app.

2. What TwoKey+ is

A messaging app for professionals in which two devices cannot communicate until one has scanned a pairing code shown on the other's screen. The people you talk to use the free TwoKey app. TwoKey+ adds a record: for conversations you choose, it keeps the messages on your phone, organised by matter, with legal holds, retention schedules and signed exports. There are no accounts. We do not sell, rent or monetize your personal data or content, in any way.

3. What you are responsible for

• Your device. TwoKey+ encrypts messages between the two phones and encrypts the record on your phone. It cannot protect a phone that is unlocked, shared or compromised. The app lock is a convenience, not a substitute for locking the phone.
• The law that applies to recording. TwoKey+ tells the other person before it records and shows them that it is recording. You are responsible for making sure that recording, keeping and disclosing a conversation is lawful where you and they are, including any requirement for consent.
• Your professional obligations. Confidentiality, privilege, record-keeping, retention and supervision rules that apply to you or your organisation remain yours. TwoKey+ provides tools — holds, retention schedules, exports, a privilege-notice template — not legal advice or compliance. Templates in the app are drafts for you to adapt.
• Comparing verification codes. After pairing, compare the short code shown on both phones out loud. That is what detects an intercepted pairing.
• Your keys, backups and exports. We cannot recover any of them. Records are not in the contacts backup and leave the phone only as exports you make; keep exports, recovery keys and passphrases safe.
• Lawful use. You agree not to use TwoKey+ to break the law where you are.

4. The record and its exports

• The record is kept on your phone only. It is lost if the phone is lost or erased and you have not exported it. "Erase everything", the quick reset and the automatic erase you can set destroy records including those on legal hold.
• Retention schedules act. If you set a retention period, TwoKey+ destroys that record when the period ends, after a 30-day warning, unless it is on hold or postponed. Set periods with care.
• What a signed export proves. An export is signed by a key on your phone. The signature shows that the export has not been changed since it was made. It does not show who wrote any message, and the times in a record are your phone's clock.
• TwoKey+ is not a certified archive, and we make no representation that a record or export meets any particular evidentiary, regulatory or record-keeping standard.

5. What we cannot do

• We cannot read your messages or your records, and cannot make them readable.
• We cannot recover a lost key, record, export, recovery key or passphrase.
• We cannot produce a record in answer to a demand; only the person holding it can.
• We cannot delete a message or record from someone else's phone.
• We cannot prevent the person you are messaging from screenshotting, photographing or repeating what you said.

6. Availability

We aim to keep the relay running but do not guarantee it. The service may be interrupted for maintenance, upgrades, or network or equipment failures, and we may discontinue some or all of it at any time. Undelivered messages are held in memory for at most 24 hours and are lost if the relay restarts. Treat delivery as best-effort. Do not rely on TwoKey+ where a failure to deliver would cause serious harm; it provides no access to emergency services.

7. Subscriptions

The people you pair with never pay. They use the free TwoKey app.

A free trial lets you start conversations of your own, and record up to ten of them, for 14 days from the first time one of your codes completes a pairing. After that, starting conversations and recording need a Practice subscription. The plans differ by how many conversations can be recorded at one time; prices are shown in the app and on the App Store before anything is charged.

• Subscriptions are billed through Apple, including through Apple Business Manager for organisations, and managed in the Apple account that bought them. They renew automatically unless cancelled at least 24 hours before the current period ends. Cancelling stops the next renewal; it does not refund the current one.
• If a subscription lapses, nothing is deleted. Recording stops and the people you were recording are told; every record already kept stays on your phone and can still be exported. Conversations you started stop being delivered through the relay after a grace period, until you subscribe again.
• Refunds are handled by Apple under Apple's policies. We cannot issue them.

TwoKey+ Firm, with your own relay server, is sold directly under a separate written agreement, which governs where it differs from these terms.

8. Early versions

TwoKey+ is new. Features, limits and appearance may change between versions, and a version may be withdrawn. We will not remove a record you have kept.

9. Acceptable use

You must use TwoKey+ only for legal, authorised and acceptable purposes. You will not use it, or help anyone else use it, to:

• violate the rights of I Totally Need That LLC, of other users, or of anyone else, including rights of privacy, publicity and intellectual property;
• send unlawful, harassing or unwanted communications, or send bulk or automated messages;
• record anyone without the disclosure TwoKey+ gives them, or by defeating it;
• gain unauthorised access to the relay or to any device, disrupt or degrade the service, pair devices by automated means, collect information about users, or resell or repackage the service.

We have no way to see what you send, so enforcement of this clause is limited to refusing relay service where we become aware of misuse through other means.

10. Export and sanctions

You will comply with all applicable export-control and trade-sanctions laws. TwoKey+ contains encryption, and its export and re-export from the United States are governed by United States law; you may not use it where doing so would breach that law or the law of your own country.

11. Liability

Disclaimers. You use TwoKey+ at your own risk. TwoKey+ is provided as is, without express or implied warranties of any kind, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the service will be uninterrupted, timely, secure or error-free, that any message will be delivered, or that any record will be kept, retained or recoverable.

Limitation of liability. To the fullest extent permitted by law, I Totally Need That LLC and its members will not be liable for any lost profits or for any consequential, special, punitive, indirect or incidental damages arising out of or relating to these terms or the use of TwoKey+, including loss of data or records and harm resulting from a message or record being disclosed, intercepted, delayed, not delivered or destroyed, even if we have been told such damages are possible. Our total liability for all claims relating to these terms or the service will not exceed the amount you paid for TwoKey+ in the twelve months before the claim arose.

The laws of some states and countries do not allow some of these exclusions or limitations. Where that is so, our liability is limited to the fullest extent the applicable law permits.

12. Security disclosure

TwoKey+ has not been independently audited. The encryption is built on standard, well-studied components, but the way they are assembled has not yet been reviewed by anyone outside the project. An independent review is planned; we will publish its result when there is one.

If you find a vulnerability, please tell us at support@itotallyneedthat.com before disclosing it publicly. We will respond.

13. Support and feature requests

TwoKey+ users can reach support and request features from the app. Feature requests are considered for every TwoKey+ user; none is guaranteed. Paid development, where we offer it, is agreed separately in writing.

14. Changes

We may update these terms at any time. When we do, the effective date above changes, and material changes will be noted in the release notes of the app update that carries them and on this page. Your continued use of TwoKey+ after a change takes effect confirms your acceptance of the updated terms.

15. Governing law and disputes

These terms are governed by the law of the State of Arizona, without regard to its conflict-of-law provisions. You agree to resolve any dispute relating to these terms or to TwoKey+ exclusively in the United States District Court for the District of Arizona or a state court in Maricopa County, Arizona, and you consent to the personal jurisdiction of those courts.

16. Apple

The app is distributed through Apple's App Store under Apple's standard end-user licence agreement, which governs the licence to the software. These terms govern the relay service and any subscription. Apple is not a party to these terms and has no obligation under them.

17. Age

You must be at least 18 years old to use TwoKey+.

18. Termination

You may end these terms at any time by deleting the app; "Erase everything" in Settings removes everything from your phone first, including records. We may suspend or refuse relay service at any time, including for a breach of §9. That is the only enforcement available to us. Sections 4, 5, 11, 12, 15, 16 and this section survive any termination.

19. Contact

support@itotallyneedthat.com — put "Terms" in the subject line.

I Totally Need That LLC — TwoKey+
1909 E Ray Rd
Ste 9 - 1033
Chandler, AZ 85225
United States