Cinchus User Agreement

1.1 "Cinchus", "we" or "us" means CINCHUS LIMITED, a company incorporated under the laws of the Hong Kong Special Administrative Region of the People's Republic of China, which operates the cinchus.io website and all services under the "信確仕 / Cinchus" brand, including the services previously provided under the name "XTrust".

1.2 "Service" means the encrypted clue file storage, status confirmation and conditional triggered delivery functions provided by Cinchus through the website and related channels, together with related support services.

1.3 "User" means a natural person who registers an account and uses the Service.

1.4 "Project" means a set of configurations created by the User within the Service, including the encrypted clue file, decryption hints and instructions, recipient information, trigger cycle and delivery method.

1.5 "Encrypted Clue File" means a file that the User encrypts on the User's local device using a tool of the User's own choosing and then uploads.

1.6 "Recipient" means a person designated by the User in a Project to receive the delivered content after triggering.

1.7 "Status Confirmation Process" means the process consisting of the waiting period, silent period, notification period and other stages, together with the activity detection and reminders carried out during that process through login activity, linked social media accounts, email, telephone and other channels.

1.8 "Trigger" means that the Status Confirmation Process has expired without the User completing confirmation, and the Project enters the delivery procedure.

1.9 "Delivery" means sending the Encrypted Clue File and the decryption hints and instructions to the Recipient in accordance with the Project configuration.

1.10 "Third-Party Services" means services provided by parties other than Cinchus, including social media platforms such as X, email service providers, telecommunications operators, postal and courier carriers, payment service providers and cloud infrastructure providers.

1.11 "Terms of Service" means this Agreement, the Privacy Policy, the Refund Policy and other rules published by Cinchus on the website, which together constitute the entire contract between the User and Cinchus.

2.1 By clicking "Agree", completing registration or using the Service in any manner, the User acknowledges having read, understood and accepted the Terms of Service in their entirety. The Terms of Service constitute a legally binding contract between the User and Cinchus.

2.2 Provisions of this Agreement that materially affect the User's rights and interests, including those on the scope of the Service, no guarantee of delivery, suspension of service for non-payment, disclaimers, limitation of liability, user indemnification, dispute resolution and waiver of class actions, are highlighted in bold. The User must read them carefully before agreeing. If the User does not agree to any provision, the User must not register for or use the Service.

2.3 The User confirms that the User's decision to use the Service is based on the User's own independent judgment and does not rely on any representation, promotion, example or oral promise outside the Terms of Service.

2.4 The User confirms that the User has had the opportunity to obtain independent professional advice on the Terms of Service.

3.1 The Service is solely a technical tool for storing Encrypted Clue Files uploaded by the User, running the Status Confirmation Process and, upon Trigger, carrying out Delivery in accordance with the User's configuration.

3.2 Cinchus is not an asset custodian, wallet provider, exchange or payment institution; it is not a provider of will, trust, estate administration or notarial services; and it is not a legal, tax, financial or investment adviser. Cinchus does not hold any funds or digital assets, does not hold any private keys, and does not execute any transaction or asset transfer.

3.3 Delivery has no legal effect of transferring, inheriting, gifting or authorizing any property. A Recipient's receipt of an Encrypted Clue File does not mean that the Recipient acquires ownership of, inheritance rights in, or the right to dispose of the relevant assets. The ownership of assets is determined by applicable inheritance law, wills and other legal instruments. The User should consult professionals on estate planning on the User's own account.

3.4 No trust, fiduciary, agency, custodial or other fiduciary relationship exists between Cinchus and the User, any Recipient or the User's heirs, and Cinchus owes no fiduciary duty to any person.

3.5 Descriptions of security, backup, redundancy, availability and audit trails on the website, in the help center, on demonstration pages and in marketing materials are general descriptions of the design objectives of the Service and do not constitute any warranty or commitment beyond the Terms of Service.

4.1 The User represents and warrants that: (a) the User is at least 18 years of age and has full civil capacity; (b) the User is not on any applicable sanctions list and is not a resident of any country or region subject to comprehensive sanctions; and (c) the laws of the User's place of residence do not prohibit the User from using the Service. Persons who do not meet these conditions must not register for or use the Service.

4.2 The User shall provide true, accurate and complete registration information and keep it updated and contactable throughout the period of use.

4.3 An account may be used only by the User personally and must not be transferred, leased, lent, shared or otherwise made available to any other person.

4.4 The User shall properly safeguard the account credentials and login devices. All operations carried out through the User's account are deemed to be the User's own acts, and the User bears the corresponding consequences. Upon discovering that credentials have been lost or disclosed or that the account is being used abnormally, the User shall immediately reset the credentials and notify Cinchus.

4.5 Cinchus accepts instructions only from the account holder personally through the account. Where any third party, including any person claiming to be the User's family member, heir, executor, estate administrator, lawyer or Recipient, requests to view, modify, suspend or cancel a Project or to obtain any file, Cinchus has the right to refuse, except under an effective court judgment or ruling, or a statutory requirement of a competent authority, that is binding on Cinchus.

4.6 Cinchus may (but is not obliged to) verify the User's identity. If the User refuses to cooperate or fails verification, Cinchus may restrict the account's functions.

5.1 The User is solely responsible for the accuracy, completeness and timely updating of all Project configurations, including the Recipient's name, email address, telephone number and mailing address, the trigger cycle, the decryption hints and instructions, and the linked social media accounts and the User's own contact details.

5.2 Cinchus does not verify the identity of any Recipient, the Recipient's relationship with the User or whether the Recipient is the User's lawful heir, nor does it verify whether any email address, telephone number or address provided by the User is valid or belongs to the Recipient.

5.3 The User bears all consequences of any mistaken Trigger, delayed Delivery, Delivery to an unintended party or failed Delivery caused by information configured by the User being incorrect, outdated, incomplete or unreachable, including where a Recipient changes email address, moves, dies or refuses receipt, or where an email is blocked or filtered into a spam folder.

5.4 The User represents and warrants that the User has obtained the Recipient's consent or has another lawful basis to provide the Recipient's personal information to Cinchus and to allow Cinchus to process such information and contact the Recipient for the purpose of Delivery, and that the User has given the Recipient any notice required by applicable law.

5.5 Where the Service provides testing, preview or validation functions, the User shall use such functions to check the configuration before a Project goes live and after each modification.

6.1 The Status Confirmation Process passes successively through the waiting period, silent period and notification period. If the process expires without the User completing confirmation, the Project enters Delivery. The duration of each stage and the reminder channels and frequency are as displayed on the Project settings page. The notification period is of fixed duration.

6.2 Activity signals include logging in to or using the web application, activity on a linked X account, clicking the link in a confirmation email, and responding to the final reminder call, subject to the methods actually supported by the Service at the relevant time. Cinchus may adjust the rules for recognizing activity signals for security or technical reasons and will notify the User before doing so.

6.3 The Status Confirmation Process is an automated inference based on technical signals and cannot confirm the User's actual physical condition or personal safety. If the User fails to confirm within the process period for any reason, including travel, hospitalization, communication outage, loss of device, account suspension or restriction of personal liberty, the Project may be Triggered and Delivered (a "Mistaken Trigger"). Conversely, activity generated by another person using the User's account or social media account may prevent the Project from being Triggered. The User bears all such consequences.

6.4 The User is responsible for ensuring that at least one activity signal channel remains continuously available. Where a Third-Party Service becomes unavailable or changes (including changes to the X platform's interfaces or suspension of accounts, blocked emails or unanswered calls), Cinchus may adjust or discontinue the relevant channel, and this does not constitute a breach of contract.

6.5 Before Delivery is actually dispatched, the User may stop the process and reset it to the waiting period by logging in to or using the Service. Once dispatched, Delivery cannot be recalled.

6.6 Completion of Delivery: email Delivery is complete when the Cinchus system submits the email to the email sending service provider; postal Delivery is complete when the mail is handed to the postal or courier carrier. Any subsequent failure of delivery, delay, loss, opening by another person or wrongful collection falls outside Cinchus's responsibility. Cinchus will use reasonable efforts to provide system dispatch records.

6.7 Cinchus may (but is not obliged to) conduct a manual review before Delivery. Any review is limited to technical and compliance matters and does not constitute a determination of the User's status or any form of warranty. Cinchus is not liable for conducting or not conducting any review.

6.8 Cinchus has the right to suspend, delay or refuse Delivery in any of the following circumstances: (a) laws and regulations, court orders or regulatory requirements; (b) reasonable grounds to suspect that the Project involves illegality, fraud, extortion or infringement of the rights of others; (c) suspected unauthorized use of the account; (d) sanctions compliance requirements; or (e) the subscription being in arrears or suspended.

6.9 Cinchus does not guarantee that Delivery will be completed at any particular time. System maintenance, Third-Party Service failures, carrier delays and other factors may delay Delivery.

6.10 After Delivery is completed, Cinchus may delete the Project's files after 90 days. Within that period, Cinchus may (but is not obliged to) resend to the originally configured address at the Recipient's request. Cinchus will not provide any copy to any person other than as originally configured.

7.1 The User chooses the encryption tool, algorithm and password strength and completes encryption locally. Any encryption guide published by Cinchus is for reference only. Cinchus does not provide, review or warrant any encryption tool.

7.2 Cinchus does not receive or store the User's decryption password or answers, cannot read the plaintext of any file, and cannot provide password recovery, file repair or content reconstruction services.

7.3 The User bears all losses where a file is decrypted early by the Recipient or decrypted by a third party, or where the Recipient is unable to decrypt it, as a result of the User using a weak password or an unsuitable tool, failed encryption, uploading an unencrypted file, or disclosing too much information in the decryption hints.

7.4 The User must not write, in plaintext in any file, decryption hint or instruction, any information that directly controls assets, including a complete private key, complete seed phrase, account password or payment password. The User bears any loss caused by a breach of this clause.

7.5 Cinchus cannot verify whether an uploaded file has in fact been encrypted or whether it is complete or usable. The User shall retain the original file and an independent backup. The Service should not be the User's only backup.

8.1 Without a subscription, the User may only save local drafts; nothing is uploaded to the cloud, the Status Confirmation Process does not run and no Delivery takes place.

8.2 The Service offers monthly and annual plans billed per Project. The annual plan includes postal Delivery capability. Prices, currency, taxes, entitlements and their scope are as displayed on the checkout page.

8.3 At the end of each billing cycle, the subscription automatically renews at the then-current price and is charged to the User's designated payment method until the User cancels. Before an annual renewal, Cinchus will send a reminder to the User's registered email address at least 7 days in advance.

8.4 Upgrades generally take effect immediately, with any difference calculated under the checkout page rules. Downgrades or cancellations take effect at the end of the current billing cycle. Fees already paid are handled under the Refund Policy.

8.5 Price changes will be notified at least 30 days in advance and take effect from the next billing cycle. If the User does not accept a change, the User may cancel the subscription before it takes effect.

8.6 Non-payment and suspension: if a charge fails, Cinchus will send an email reminder and allow a grace period of 14 days. If payment is still not made when the grace period expires, the Project will be suspended: the Status Confirmation Process stops and no Delivery of any kind takes place. After 90 days of suspension, Cinchus may delete the relevant Project and files. The User understands and agrees that if an incident befalls the User while the subscription has lapsed or is suspended, the Project will not be Delivered. Keeping the payment method valid and renewing on time is the User's responsibility.

8.7 Payments are processed by third-party payment service providers, and Cinchus does not store the User's full card number. Taxes not included in the price are borne by the User. Differences arising from exchange rates and cross-border bank fees are borne by the User.

9.1 The User represents and warrants that all content uploaded and all Project configurations are lawful and that the User has the right to process and transmit such content.

9.2 The User must not use the Service to engage in any of the following:

1. storing or transmitting any content that violates the laws of the Hong Kong Special Administrative Region or the prohibitive provisions of the laws of the country or region where the User is located;
2. storing or transmitting content that violates any other applicable law;
3. extortion, threats, blackmail or harassment, including setting up Projects of the type "if the User loses contact, disclose someone's private or damaging information to others";
4. money laundering, terrorist financing, sanctions evasion, fraud, or assisting others to evade debts or enforcement of court judgments;
5. infringing the intellectual property rights, privacy, trade secrets or other lawful rights and interests of others;
6. uploading malware or any harmful code;
7. processing the personal information of others without authorization, or designating another person as a Recipient for the purpose of harassment;
8. reverse engineering, scraping, stress testing, or circumventing billing or security mechanisms;
9. registering accounts in bulk, reselling the Service or providing it commercially to third parties;
10. impersonating another person or using a fictitious identity.

9.3 Because of the zero-knowledge architecture, Cinchus does not review file content and is not responsible for it. However, upon receiving a complaint or legal requirement, or where it has reasonable suspicion, Cinchus has the right to restrict functions, suspend Delivery, delete content, terminate the account and report to the competent authorities in accordance with law.

10.1 This Agreement creates rights and obligations only between the User and Cinchus. Recipients, the User's heirs, estate administrators and any other third parties are not parties to this Agreement, have no rights under this Agreement and may not assert any right against Cinchus under this Agreement (to the extent applicable, including by excluding the application of the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong).

10.2 The User shall ensure on the User's own account that designating any Recipient does not breach any legal obligation owed by the User, including obligations relating to matrimonial property, maintenance, distribution of estate and repayment of debts. Cinchus does not participate in, and bears no liability for, any family, inheritance or other dispute that may arise after a Recipient receives the delivered content.

10.3 Where any Recipient, heir or other third party makes any claim against Cinchus in connection with the User's Project (including Delivery, non-Delivery, delayed Delivery or Mistaken Trigger), the User shall indemnify Cinchus in accordance with Article 14.

10.4 Third-Party Services are governed by their own terms. Cinchus is not responsible for the availability, security, policy changes or conduct of any Third-Party Service.

11.1 All intellectual property rights in the software, website, interface design, documentation, trademarks, brand logos and other materials relating to the Service belong to Cinchus or its licensors. Except for the limited right of use expressly granted under this Agreement, the User acquires no rights by using the Service.

11.2 Ownership of content uploaded by the User remains with the User. The User grants Cinchus a worldwide, royalty-free, non-exclusive licence to store, copy (including multi-copy backups), transmit and deliver such content in accordance with the User's configuration, solely for the purpose of providing, maintaining and improving the Service.

11.3 Cinchus may freely use any suggestions or feedback the User provides to Cinchus without paying the User any fee or assuming any obligation.

To the maximum extent permitted by applicable law:

12.1 The Service is provided on an "as is" and "as available" basis. Cinchus makes no express or implied warranty of any kind, including any warranty of merchantability, fitness for a particular purpose, non-infringement, uninterrupted service, freedom from errors or absence of data loss.

12.2 In particular, Cinchus does not guarantee that: (a) a Project will be Triggered, or will not be Mistakenly Triggered; (b) Delivery will succeed, be completed on time or actually be received by the Recipient; (c) the Recipient will be able to decrypt successfully or obtain any asset as a result; or (d) the relevant assets will still exist, have value or be recoverable at the time of Delivery.

12.3 Cinchus is not liable for the value, price fluctuations, loss, theft or irrecoverability of any asset (including cryptocurrencies, bank deposits, securities, insurance policies and other property).

12.4 The User understands that internet transmission, cloud storage and electronic communications carry inherent risks that Cinchus cannot completely eliminate.

13.1 To the maximum extent permitted by applicable law, Cinchus and its affiliates, directors, employees and agents are not liable for any indirect, incidental, special, punitive or consequential loss, including without limitation loss or irrecoverability of assets, loss of profits or income, loss of inheritance benefits, loss of data, loss of goodwill, mental distress, and costs arising from family or inheritance disputes. This clause applies whether the claim is based on contract, tort (including negligence), strict liability or any other legal theory, and whether or not Cinchus has been advised of the possibility of such loss.

13.2 To the maximum extent permitted by applicable law, Cinchus's total aggregate liability to the User and to any person claiming through the User arising out of the Terms of Service or the Service is limited to the greater of: (a) the total fees actually paid by the User to Cinchus for the relevant Project in the twelve (12) months before the event giving rise to the claim; and (b) one hundred (100) US dollars.

13.3 Nothing in this Agreement excludes or limits the following liabilities: (a) property loss caused by the intentional misconduct or gross negligence of Cinchus; (b) death or personal injury caused by the negligence of Cinchus; (c) fraud or fraudulent misrepresentation; or (d) any other liability that cannot be excluded or limited under applicable law. Where applicable law contains mandatory provisions on limitation of liability, Cinchus's liability is limited to the minimum permitted by that law.

13.4 The User acknowledges that this Article forms the basis of the allocation of risk between the parties and that the pricing of the Service reflects that allocation. Without this Article, Cinchus would be unable to provide the Service at its current prices.

13.5 To the extent permitted by applicable law, any claim by the User against Cinchus must be brought within one (1) year from the date on which the User knew or ought to have known of the grounds for the claim, failing which it is deemed waived.

14.1 The User shall indemnify and hold harmless Cinchus and its affiliates, directors, employees and agents against any third-party claim, loss, liability, fine and cost (including reasonable legal and arbitration fees) arising from: (a) the User's breach of the Terms of Service or applicable law; (b) content uploaded by the User; (c) the User's Project configuration and any resulting Delivery, non-Delivery, delayed Delivery or Mistaken Trigger, including claims by Recipients, heirs or other third parties; or (d) the User's infringement of any third party's rights.

14.2 Cinchus has the right to control the defence and settlement on its own, and the User shall cooperate reasonably. The User shall not settle any claim involving Cinchus without Cinchus's written consent.

14.3 The obligations under this Article survive termination of this Agreement and, to the extent permitted by applicable law, are binding on the User's heirs, estate and estate administrators.

15.1 Cinchus may modify, add or discontinue functions of the Service, including adjusting or discontinuing any Third-Party Service channel. Changes that have a material adverse effect on the User will be notified at least 30 days in advance.

15.2 Cinchus may carry out scheduled maintenance and will use reasonable efforts to give advance notice.

15.3 Cinchus may immediately suspend or terminate the provision of all or part of the Service to the User, without prior notice, in any of the following circumstances: (a) the User breaches the Terms of Service; (b) legal, judicial or regulatory requirements; (c) the User's account poses a security risk to the Service or to others; (d) a chargeback, fraud or suspicious payment occurs; or (e) continued non-payment. Where termination results from the User's fault, fees already paid are non-refundable.

15.4 The User may delete the account at any time on the settings page. Upon deletion, the related Projects, files and Delivery configurations are erased and cannot be recovered. Cinchus is not liable for any failure of Delivery resulting from the User's deletion of the account.

15.5 If Cinchus decides to discontinue the Service, it will notify the User at least 60 days in advance, and the User shall make alternative arrangements during that period. Unexpired prepaid fees will be refunded pro rata under the Refund Policy. Save for the foregoing, Cinchus bears no other liability for discontinuing the Service.

15.6 Articles 3, 7, 10, 12, 13, 14 and 18, and any other provisions that by their nature should survive, survive termination of this Agreement.

16.1 Cinchus is not liable, to the extent affected, for any delay or failure to perform its obligations caused by force majeure. Force majeure includes natural disasters, war, terrorism, epidemics, government actions, sanctions, cyberattacks, power outages, and widespread outages of Third-Party Services such as cloud services, telecommunications, email service providers, social media platforms, and postal or courier services.

16.2 During a force majeure event, Cinchus will use reasonable efforts to restore the Service and will notify the User by practicable means.

16.3 If a force majeure event continues for more than 90 days, either party may terminate this Agreement by written notice. Prepaid fees for the unused period are handled under the Refund Policy.

17.1 Cinchus may give notices to the User through site announcements, in-account messages or the User's registered email address. An email is deemed received twenty-four (24) hours after it is sent; a site announcement is deemed received upon publication.

17.2 The User shall keep the registered email address valid and able to receive email normally. The User bears the consequences of failing to receive a notice because the email address is invalid or blocked or because the User did not check it in time.

17.3 Notices from the User to Cinchus shall be submitted through the in-account support channel or sent to [email protected], and are deemed received when actually received by Cinchus.

17.4 The parties agree that the Terms of Service concluded electronically and electronic records have legal effect. Operation logs, audit records and dispatch records retained by the Cinchus system may be used as evidence for determining the relevant facts.

18.1 The formation, validity, interpretation, performance and dispute resolution of the Terms of Service are governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict of laws rules.

18.2 In the event of a dispute, the party raising it shall first give written notice to the other party, and the parties shall negotiate amicably within thirty (30) days after the notice is served.

18.3 If negotiation fails, either party shall submit the dispute to the Hong Kong International Arbitration Centre (HKIAC) for arbitration under the HKIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The seat of arbitration is Hong Kong, the tribunal shall consist of a sole arbitrator, and the language of the arbitration is Chinese. The arbitral award is final and binding on both parties.

18.4 Either party may choose to bring a dispute that falls within the jurisdiction of the Small Claims Tribunal of Hong Kong before that tribunal, notwithstanding Clause 18.3.

18.5 To the extent permitted by applicable law, the User agrees to resolve disputes only on an individual basis and not to bring or participate, as a plaintiff or class member, in any class action, class arbitration, representative action or consolidated proceeding.

18.6 Where the laws of the User's place of residence grant consumers rights that cannot be excluded by contract (including the right to sue in the courts of the place of residence), this Article does not affect such rights.

18.7 To protect intellectual property, system security or to prevent imminent harm, Cinchus may apply to any court of competent jurisdiction for an injunction or other interim relief.

19.1 Updates to the Agreement: Cinchus may update the Terms of Service in light of product functions, laws and regulations or operational needs. Material changes will be notified at least 30 days in advance by site announcement or email. If the User continues to use the Service after an update takes effect, the User is deemed to have accepted the updated content; if the User does not accept it, the User shall stop using the Service and cancel the subscription before it takes effect.

19.2 Entire agreement: the Terms of Service constitute the entire agreement between the parties regarding the Service and supersede all prior oral or written understandings.

19.3 Severability: if any provision of the Terms of Service is held invalid or unenforceable, the validity of the remaining provisions is not affected, and such provision shall be interpreted and enforced to the maximum extent permitted by law in the manner closest to its original intent.

19.4 No waiver: any failure or delay by Cinchus in exercising any right does not constitute a waiver of that right.

19.5 Assignment: the User may not assign any rights or obligations under the Terms of Service without Cinchus's written consent. Cinchus may assign the Terms of Service in a merger, acquisition, reorganization or sale of assets, and will notify the User.

19.6 Language: the Terms of Service are published in Chinese and English. In the event of any inconsistency between the two versions, the Chinese version prevails.

19.7 Headings are for convenience only and do not affect the interpretation of the provisions.

19.8 Contact: CINCHUS LIMITED, email: [email protected].