FileLock Key Custody, Key Loss and Limitation of Liability
Version 0.1 (draft, VOIMAR's attorney is reviewing it). Fingerprint of these terms and the six statements: 28487fae28c5910eff6f62df2ba64df4d88ed7c7f9b1eaf9b12822902122d207
# Voimar GPG {GPG}: Key Custody, Key Loss and Limitation of Liability
> **DRAFT v0.1 (16 Oct 2026) for review by VOIMAR's attorney before any client sees it.** Prepared by InsideOut Protector (an AI assistant). This is not legal advice. South African consumer law (Consumer Protection Act 68 of 2008, s48-s51) limits how far liability can be excluded for some clients. The attorney should adapt it for business clients and consumers.
**Provider:** VOIMAR (Pty) Ltd ("VOIMAR"). **Service:** Voimar GPG {GPG} ("the Service").
**You:** the client organisation and every user who accepts these terms.
## 1. What the Service is
1.1 The Service lets you encrypt files on **your own device**, using free, open-source OpenPGP software ("GPG software") that you download and run yourself. You then store or share the encrypted files on VOIMAR's platforms.
1.2 VOIMAR provides:
- guidance;
- a register of **public** keys;
- checks that uploads are encrypted;
- storage of encrypted files.
VOIMAR does not provide, develop or warrant the GPG software. It is third-party software, supplied by its authors "as is" under its own licence.
## 2. You alone hold your keys
2.1 Your **private key**, its **passphrase** and your **revocation certificate** are created and kept by you. VOIMAR never receives, stores, has access to, or can recreate them, and must never be sent them.
2.2 VOIMAR **cannot decrypt** your files. No VOIMAR person, system, administrator, contractor or automated agent can, including AI assistants.
## 3. Loss of a key is permanent
3.1 If any of the following happens, your encrypted files **cannot be recovered by VOIMAR or by anyone else**:
- you lose, forget, damage or delete your private key or its passphrase;
- your key expires, or is revoked, without a valid backup;
- the only person who holds a key leaves your organisation or becomes unavailable.
3.2 VOIMAR has **no technical means and no obligation** to recover, reset, bypass or "unlock" encrypted files, keys or passphrases. Encrypted files stay unreadable even when VOIMAR still holds them.
## 3A. Recovery options (the only ways a lost key can be worked around)
3A.1 **Self-Recovery (default):** your organisation recovery key and any sealed paper keys are created and kept by you. VOIMAR has no role, holds nothing and has no liability.
3A.2 **Recovery Circle (optional paid add-on):** your organisation recovery key is split into shares, any three of five of which rebuild it. VOIMAR keeps **one** share in its FileLock Key Service.
- VOIMAR's share alone cannot decrypt anything.
- VOIMAR releases it only:
- after verifying the identity of your authorised custodians;
- on your organisation's written request;
- with the approval of two VOIMAR officers.
- The key is rebuilt on your device, never by VOIMAR.
- If you, your custodians and your share-holders cannot provide enough shares, your files are unrecoverable.
- To the extent the law allows, VOIMAR's liability in connection with the Recovery Circle is limited to the Recovery Circle fees you paid in the 12 months before the claim.
3A.3 **VOIMAR does not offer, and will not operate, any escrow that lets VOIMAR open your files on its own.**
## 4. Your responsibilities
You are solely responsible for:
- (a) keeping at least one secure offline backup of every private key and revocation certificate;
- (b) choosing, protecting and remembering strong passphrases;
- (c) renewing keys before they expire;
- (d) business continuity, including keys held by staff who leave. VOIMAR recommends an organisation recovery key held offline by a director;
- (e) the security of your own devices (malware, theft, unauthorised use);
- (f) encrypting to the correct recipients;
- (g) keeping unencrypted copies where the law requires you to be able to produce records. This includes the Companies Act 71 of 2008, the Tax Administration Act 28 of 2011, POPIA, regulators and courts. Losing a key does not remove those duties.
## 5. No liability for key loss
5.1 **To the maximum extent permitted by law**, VOIMAR and its directors, employees, contractors and agents are **not liable** for any loss, damage, cost, claim, fine or penalty that arises from or relates to:
- (a) the loss, compromise, expiry or revocation of any key or passphrase;
- (b) your inability to decrypt, access, read or produce any file;
- (c) the GPG software or any third-party software, including defects;
- (d) encryption to wrong or missing recipients;
- (e) any act or omission described in clause 4.
This applies whether the loss is direct, indirect or consequential, and whether it is loss of data, records, profit, revenue, business, goodwill or opportunity, and whether the claim is in contract, delict or otherwise.
5.2 Nothing in these terms limits liability that the law does not allow to be limited, such as liability for gross negligence or wilful misconduct, or where the Consumer Protection Act applies and prohibits the limitation.
## 6. Indemnity
You indemnify VOIMAR against any third-party claim, regulatory action, fine or penalty that arises from your loss of a key or your inability to decrypt or produce your own records.
## 7. Storage, termination and lawful requests
7.1 Your encrypted files remain subject to your service agreement's retention, deletion and termination terms. Download your files before termination.
7.2 If VOIMAR receives a lawful request (e.g. a court order) for your data, it can supply only the encrypted files and records it holds. It will tell you where the law allows.
7.3 You warrant that your use of encryption is lawful.
## 8. POPIA
Encryption is a security safeguard that helps you, as responsible party, meet section 19 of POPIA. You remain the responsible party for your personal information. VOIMAR acts as operator for the encrypted data it stores.
## 9. Acceptance and records
9.1 You accept these terms by ticking each statement in the {GPG} wizard and confirming. No signature, typed or scanned, is used.
9.2 VOIMAR records:
- the date and time;
- IP address;
- device;
- location, if you allow it;
- your identity;
- this version's number and its sha256 fingerprint.
You receive an emailed receipt.
9.3 If these terms change, the Service asks you to accept the new version before you continue.
## 10. Law
These terms are governed by the laws of the Republic of South Africa.
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**Tick-box statements in the wizard (each must be ticked):**
1. I understand that VOIMAR never holds my private key or passphrase and cannot decrypt my files.
2. I understand that if I lose my key or passphrase, my encrypted files are **permanently** unrecoverable, by VOIMAR or anyone.
3. I have made, or will make before I upload, an offline backup of my key and revocation certificate.
4. My organisation is responsible for business continuity, using Self-Recovery or, if we subscribe, the Recovery Circle. We are also responsible for keeping the records the law requires us to produce.
5. I accept that VOIMAR is not liable for any loss caused by lost, expired or compromised keys, or by third-party GPG software, as set out above.
6. I have read and accept the Voimar GPG Key Custody, Key Loss and Limitation of Liability terms (version 0.1).