Terms of Service

Effective Date: 12/04/2026
Last Updated: 12/04/2026

1. Introduction

Welcome to Exclu. These Terms of Service govern your access to and use of the Exclu website, mobile applications, desktop applications, communications platform, and any related services, features, tools, or support channels made available by Exclu.

By accessing or using Exclu, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the service.

Exclu is a private communications platform built around controlled onboarding, secure-by-design application architecture, and privacy-focused identity handling. Exclu does not operate as an open public messaging network, and access to the service may be reviewed, approved, denied, limited, suspended, or revoked in accordance with these Terms and our platform security requirements.

2. About Exclu

Exclu provides a private communications environment designed for high-trust messaging, controlled access, and identity-conscious use. Depending on the product version and feature availability, the service may include:

  • encrypted direct messaging
  • encrypted group messaging
  • media and file sharing
  • session and device management
  • privacy and security controls
  • vetted onboarding and access review workflows
  • website, support, and administrative functions related to the service

Some features may be added, changed, restricted, or removed over time.

3. Eligibility

You may use Exclu only if:

  • you are legally capable of entering into a binding agreement
  • you are authorized to use the service under applicable law
  • you are not prohibited from using the service under sanctions, export-control rules, or other legal restrictions applicable to you or to us
  • your access has been approved where Exclu uses an access review or invitation workflow

If you are using Exclu on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4. Controlled Access and Onboarding

Exclu uses a controlled onboarding model. Access to the platform is not guaranteed merely because a person submits a request, receives an invitation, or downloads the application.

We may review onboarding requests, invitations, trust indicators, access history, and related information in order to:

  • preserve platform security
  • reduce fraud, impersonation, and abuse
  • maintain a higher-trust communications environment
  • enforce internal access criteria
  • protect the integrity of the service

We reserve the right, in our sole discretion and to the extent permitted by law, to approve, deny, defer, limit, or revoke access requests and accounts.

Exclu does not require a phone number or email address for onboarding. However, if you voluntarily provide contact information in support, business, billing, or account-recovery contexts, that information may be processed in accordance with our Privacy Policy.

5. Your Account

You are responsible for maintaining the confidentiality and security of your account, devices, credentials, recovery materials, and local environment.

You agree to:

  • provide accurate information where required
  • keep your login credentials secure
  • promptly notify us of suspected unauthorized access
  • use only devices and environments you are authorized to use
  • review your linked sessions and devices where that functionality is available

You are responsible for all activity that occurs under your account unless prohibited by applicable law.

6. Acceptable Use

You may use Exclu only for lawful and authorized purposes. You may not use the service to:

  • violate applicable law or regulation
  • impersonate another person or misrepresent affiliation
  • harass, threaten, stalk, or abuse others
  • distribute malware, spyware, ransomware, or malicious code
  • engage in phishing, fraud, social engineering, or credential theft
  • attempt unauthorized access to accounts, devices, systems, or networks
  • scrape, crawl, harvest, or extract data from the service without authorization
  • reverse engineer, decompile, disassemble, or probe the service except to the extent such restriction is prohibited by law
  • interfere with the integrity, performance, availability, or security of the platform
  • circumvent onboarding controls, abuse-review systems, rate limits, or technical protections
  • use the service to facilitate unlawful activity

We may investigate conduct that appears to violate these Terms and may take action including content restriction, access limitation, suspension, termination, or referral to appropriate authorities where legally justified.

7. Communications Security and Encryption

Exclu is designed to support end-to-end encrypted communications for supported content flows. In ordinary operation, the service is intended to protect message content from unauthorized third-party access during transmission and use.

However, you understand and agree that:

  • no communications system can guarantee absolute confidentiality in every circumstance
  • endpoint compromise may expose content regardless of transmission security
  • recipients may copy, export, screenshot, record, or otherwise disclose content outside the Exclu environment
  • unsupported features, third-party integrations, or user-side workflows may not have the same protections as core encrypted messaging
  • device theft, malware, weak local security, or insecure backups may defeat otherwise strong protections

Exclu provides security features to reduce risk, not to eliminate all possible avenues of exposure.

8. Device and Endpoint Responsibility

You are responsible for the security of the devices you use to access Exclu. This includes:

  • maintaining operating-system updates
  • using device authentication such as PIN, passcode, or biometrics
  • protecting local storage and backups
  • avoiding rooted, jailbroken, or otherwise compromised environments unless you knowingly accept the associated risk
  • preventing unauthorized physical access to your devices

Exclu is not responsible for loss or disclosure caused by endpoint compromise, local malware, insecure local storage, or unauthorized access to your device.

9. Content and User Responsibility

You retain responsibility for the content you send, receive, store, upload, or otherwise process through Exclu, to the extent allowed by applicable law.

You represent and warrant that your use of the service and any content you handle through it will not:

  • infringe intellectual property rights
  • violate confidentiality obligations you owe to others
  • breach privacy, publicity, or data-protection rights
  • violate export-control or sanctions rules
  • be unlawful, defamatory, abusive, or fraudulent

Exclu does not claim ownership of your message content solely because you use the service. However, you grant us the limited rights necessary to operate, secure, maintain, troubleshoot, and improve the service, subject to our Privacy Policy and the technical constraints of encrypted messaging.

10. Abuse Reporting and Trust Operations

Exclu may provide mechanisms for users to report:

  • impersonation
  • abuse
  • security concerns
  • fraud
  • spam
  • unauthorized access
  • other conduct that threatens users or the service

Reports may be reviewed by authorized personnel and may be retained for trust, safety, legal, and incident-response purposes in accordance with our Privacy Policy.

We may take action based on such reports, including temporary restrictions, account review, content-related enforcement where technically possible, or account suspension.

11. Service Availability and Changes

We may modify, update, suspend, restrict, or discontinue any part of the service at any time, including features, workflows, technical requirements, and access models.

We do not guarantee that the service will always be available, uninterrupted, error-free, or compatible with every device, network, or operating-system environment.

From time to time, we may:

  • release updates, patches, or upgrades
  • change user-interface elements
  • modify security requirements
  • remove unsupported features
  • add or remove platform integrations
  • change onboarding or eligibility criteria

Where reasonable, we may provide notice of material changes.

12. Intellectual Property

Exclu, including its software, design, trademarks, branding, interfaces, documentation, website content, and related materials, is owned by or licensed to Exclu and is protected by intellectual property law.

Except for the limited right to use the service under these Terms, no rights are granted to you by implication, estoppel, or otherwise.

You may not:

  • copy, modify, distribute, sell, lease, sublicense, or commercially exploit the service except as expressly permitted
  • remove proprietary notices
  • use our trademarks without prior written permission
  • create derivative services designed to replicate or compete with core protected elements of Exclu using unauthorized means

13. Feedback

If you provide suggestions, comments, feedback, bug reports, or ideas regarding Exclu, you grant us a non-Exclu, worldwide, royalty-free right to use and incorporate that feedback for any lawful purpose without compensation to you, unless otherwise agreed in writing.

This section does not transfer ownership of your confidential message content merely because you use the service.

14. Privacy

Your use of Exclu is also governed by our Privacy Policy and Cookies Policy, which explain how we process personal data, support data, website data, and limited operational metadata.

By using the service, you acknowledge that such policies apply to your use of Exclu.

15. Suspension and Termination

We may suspend, restrict, or terminate your access to Exclu, with or without notice where legally permitted, if:

  • you violate these Terms
  • we reasonably suspect fraud, abuse, or unauthorized access
  • your use creates security, legal, or operational risk
  • we are required to do so by law
  • your access no longer meets our onboarding or trust requirements
  • the service or a portion of it is discontinued

You may stop using the service at any time.

Upon termination or deactivation:

  • your right to access the service ends
  • some data may remain subject to retention for security, legal, audit, or dispute-resolution purposes
  • certain provisions of these Terms survive by their nature, including provisions relating to intellectual property, disclaimers, liability limitations, governing law, and dispute handling

16. Disclaimers

To the maximum extent permitted by law, Exclu is provided on an “as is” and “as available” basis.

We do not warrant that:

  • the service will be uninterrupted or error-free
  • all vulnerabilities or defects can be prevented or corrected
  • the service will meet every specific operational, regulatory, or security expectation you may have
  • communications will remain confidential in every possible scenario
  • the service will be compatible with every device, platform, or network environment

No advice or information, whether oral or written, creates any warranty unless expressly stated in these Terms.

17. Limitation of Liability

To the maximum extent permitted by applicable law, Exclu and its affiliates, officers, employees, contractors, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, loss of goodwill, service interruption, device compromise, or unauthorized disclosure resulting from:

  • your use of or inability to use the service
  • endpoint compromise
  • recipient-side disclosure
  • unauthorized third-party access beyond our reasonable control
  • changes to or discontinuation of the service
  • reliance on the service for mission-critical, emergency, or safety-critical use cases without separate written agreement

To the extent permitted by law, our aggregate liability for claims arising out of or relating to the service shall not exceed the greater of:

  • the amount you paid us, if any, in the 12 months preceding the claim, or
  • [Insert nominal cap, e.g. EUR 100]

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law.

18. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Exclu and its affiliates, officers, employees, contractors, and service providers from and against claims, liabilities, damages, losses, and expenses arising out of:

  • your misuse of the service
  • your violation of these Terms
  • your violation of applicable law
  • your infringement of third-party rights
  • content you submit, transmit, or otherwise handle through the service

19. Export Control and Sanctions

You may not use, export, re-export, or transfer Exclu except as authorized by applicable export-control and sanctions laws. You represent that you are not located in, ordinarily resident in, or acting on behalf of a party restricted under applicable export or sanctions rules to the extent such rules apply to the service.

20. Governing Law

These Terms are governed by the laws of France, without regard to conflict-of-law principles, except where mandatory consumer-protection rules require otherwise.

21. Dispute Resolution

Any dispute arising out of or relating to these Terms or the use of Exclu shall be submitted to the competent courts of France, unless mandatory law requires another forum.

If you are a consumer and local law grants you additional rights or forums, those rights remain unaffected to the extent they cannot be waived.

22. Changes to These Terms

We may update these Terms from time to time to reflect changes in the service, security model, business operations, or legal requirements.

When we do, we will update the “Last Updated” date above. Where required by law, we will provide additional notice. Your continued use of Exclu after the updated Terms become effective constitutes acceptance of the revised Terms, unless applicable law requires a different mechanism.

23. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect to the maximum extent permitted by law.

24. Entire Agreement

These Terms, together with our Privacy Policy, Cookies Policy, and any additional terms expressly incorporated by reference, form the entire agreement between you and Exclu regarding your use of the service, unless a separate written agreement applies.

25. Contact

For legal notices or questions about these Terms, contact:

Exclu Legal Team
France
Email: Contact us