Terms of service

Effective date

July 9, 2026

1. Agreement to these terms

These Terms of Service (“Agreement”) are a contract between Notakey Latvia, SIA, unified registration number 40103993632, registered address Ganu iela 3 – 12, Riga, LV-1010, Latvia (“Notakey”, “we”, “us”) and the entity or individual using the Services (“Customer”, “you”). By accessing or using notakey.cloud, the Notakey Appliance, or any related software, mobile applications, or services (together, the “Services”), you agree to be bound by this Agreement and by any Order Form you submit. If you accept this Agreement on behalf of an organization, you confirm you have authority to bind that organization. If you do not have that authority, or do not agree to these terms, you may not use the Services.

2. The subscription

A subscription grants Customer a non-exclusive, non-transferable right to use the Services for Customer’s own internal business purposes, for the number of users and the term set out in the applicable Order Form. The subscription may not be shared with, or used on behalf of, any other individual or organization.

3. Fees and payment

Fees are charged monthly or annually in advance, starting from the date of Customer’s first payment. Annual prepayment qualifies for a discount where offered. Self-service subscriptions are billed automatically through our payment processor, Stripe; Customer is responsible for keeping payment details current.

Subscriptions are pay-as-you-go: Customer pays only for the current billing period and may cancel at any time with effect from the end of that period (see section 6). Fees already paid are non-refundable, except where a refund is required by applicable law; Notakey may consider refund requests in exceptional circumstances case by case, at its sole discretion.

4. Free trials

Where Notakey offers a free trial, access is provided “as is” for the stated trial period. Notakey may suspend or end trial access at any time, including immediately upon expiry of the trial period, without liability to Customer.

5. Support and updates

Notakey provides technical support for the Services as described in the applicable plan. Where an Agent or client software is installed on Customer’s systems, Customer must promptly install updates when notified. Notakey is not liable for service disruption, security exposure, or suspension of access resulting from Customer’s failure to install a required update in a timely manner.

6. Term, suspension and termination

A subscription runs for the minimum period stated on the Order Form (monthly or annual) and renews automatically unless cancelled. Customer may cancel at any time; cancellation takes effect at the end of the then-current billing period, and the fee for that period remains payable.

Notakey may suspend Customer’s access to the Services, Software, mobile applications, or account if: (a) undisputed fees are overdue; (b) Customer does not renew the Services; or (c) Notakey reasonably believes continued access poses a security risk to Notakey or to other customers. Suspension does not relieve Customer of its other obligations under this Agreement.

7. Data protection

Where Notakey processes personal data of Customer’s end users on Customer’s behalf as part of the Services (for example, authentication or transaction-approval data), Notakey acts as a data processor and Customer acts as data controller for that data. The terms of that processing are set out in our Data Processing Agreement (“DPA”), which is incorporated into this Agreement by reference. For personal data Notakey collects directly about Customer’s own representatives (billing contacts, account administrators), Notakey acts as data controller as described in our Privacy Policy.

8. Confidentiality

Each party will protect the other’s confidential information using no less care than it uses for its own confidential information of similar importance, and will disclose it only to employees, representatives, or agents who need it to perform this Agreement and who are bound by confidentiality obligations at least as protective as this section. This section survives termination of this Agreement.

9. Intellectual property

Notakey and its licensors retain all right, title, and interest in the Services, including all software, documentation, and trademarks. Nothing in this Agreement grants Customer any right in Notakey’s intellectual property beyond the limited right to use the Services as permitted here. All rights not expressly granted are reserved.

10. Disclaimers

The Services are provided on an “as is” and “as available” basis. Notakey aims to provide a high degree of operating stability but does not guarantee uninterrupted or error-free operation, and is not responsible for failures caused by factors outside its reasonable control. Except as expressly stated in this Agreement, Notakey disclaims all other warranties, express or implied, to the maximum extent permitted by law.

Our site and Services may link to third-party sites. These links are provided for convenience only; we do not endorse and are not responsible for the content, security, or practices of any third-party site.

11. Limitation of liability

To the maximum extent permitted by law, neither party’s total liability arising out of or related to this Agreement will exceed the fees paid or payable by Customer for the Services in the 12 months preceding the event giving rise to the claim. Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages. These limitations do not apply to: (a) either party’s breach of the confidentiality section; (b) either party’s infringement of the other’s intellectual property rights; (c) Customer’s payment obligations; or (d) either party’s gross negligence or willful misconduct.

12. Governing law and disputes

This Agreement is governed by the laws of the Republic of Latvia, without regard to conflict-of-law rules. Any dispute arising out of or relating to this Agreement that cannot be resolved informally will be submitted to the competent courts of Riga, Latvia.

13. Changes to these terms

We may update this Agreement from time to time. For material changes, we will notify active customers by email or through the Service at least 30 days before the change takes effect. Continued use of the Services after a change takes effect constitutes acceptance of the updated Agreement.

14. General provisions

If any provision of this Agreement is found invalid or unenforceable, that provision will be struck and the remaining provisions remain in full effect. Our failure to enforce a provision is not a waiver of our right to enforce it later. Customer may not assign this Agreement without Notakey’s prior written consent. This Agreement, together with any Order Form and the DPA, is the entire agreement between the parties regarding the Services.

Contact

Questions about these Terms can be sent to info@notakey.com.