Terms of Service

Last Updated: March 2026

Patent Pending

Vesperly LLC ("Vesperly," "we," "us," or "our"), a Virginia limited liability company, provides an online service that allows users to store encrypted text-based digital assets (passwords, cryptocurrency seed phrases, final messages, instructions, and other personal notes) in a zero-knowledge vault ("Service").

Zero-Knowledge Encryption means that, under the Service's intended design (Patent Pending), encryption and decryption of User Content occur on the user's device using keys that Vesperly does not receive or store in plaintext, such that Vesperly cannot ordinarily access the plaintext of User Content. For clarity, Vesperly may process and store non-content data such as account identifiers (e.g., email), billing status, device and usage metadata, and security logs as described in the Privacy Policy.

No Security Guarantee. While we use commercially reasonable administrative, technical, and physical safeguards, no method of transmission or storage is 100% secure, and we do not warrant that the Service will be error-free or immune from unauthorized access or future cryptographic advances (including quantum computing). We make no absolute claims of invulnerability.

Eligibility; Authority. You represent that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms.

By accessing or using the Service, you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.

Prohibited Content. You may not upload, store, or transmit any illegal content, including child sexual abuse material (CSAM), terrorist materials, violent extremism, non-consensual intimate images, or content intended to facilitate crime. Vesperly does not monitor or scan encrypted Content but will cooperate with law enforcement when presented with a valid legal process (subpoena, court order, or warrant). Violations may result in immediate account termination.

1. Service Description

The Service provides client-side AES-256-GCM encryption (Patent Pending). The Service is designed so that encryption and decryption occur on your device and we do not have access to your master password or decrypted Content in the ordinary course. We store encrypted Content (ciphertext) and related service data (e.g., account identifiers and metadata) as described in the Privacy Policy.

2. Account Security; No Access to Your Secret

You are solely responsible for maintaining the confidentiality and security of your master password, recovery code(s), and any device or authentication method used to access the Service. Vesperly does not store your master password in recoverable form and cannot retrieve, reset, or bypass it.

3. Heartbeat Monitoring & Access After Death or Incapacity

You configure a check-in interval and grace period. Failure to check in triggers notifications. After the grace period, your executor may request access by submitting a death certificate or Durable Power of Attorney + proof of incapacity. We perform a limited administrative review for facial completeness and apparent consistency with applicable law (including RUFADAA where adopted). We do not authenticate documents or provide a legal determination of validity.

Fiduciary Access; Deceased or Incapacitated Users

Vesperly may be a "custodian" under applicable digital assets laws (including RUFADAA). We respond to requests from a legally authorized fiduciary only in accordance with applicable law and our verification procedures. We do not guarantee access in every jurisdiction.

4. User Responsibilities

You agree to maintain accurate account information and use reasonable security measures to protect your devices. You are responsible for securely sharing your master password or recovery code offline with your executor while you are alive.

5. Limitation of Liability

To the maximum extent permitted by law, the Service is provided "as is." Our total liability shall not exceed the amount you paid us in the 12 months prior to the claim. Some jurisdictions do not allow certain exclusions; to the extent such limitations are not permitted, they will not apply.

6. Indemnification

You agree to indemnify Vesperly against claims arising from your use of the Service, any access request, or your violation of these Terms, including any allegation that uploaded documents were forged or unauthorized.

7. Governing Law

Virginia law governs these Terms. Disputes are resolved in Richmond, Virginia courts.

8. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (e.g., by email or in-Service notice) before the changes take effect. By continuing to use the Service, you agree to the updated Terms.

Questions? support@vesperly.com