Legal
Terms of Service
Last updated: March 1, 2026
Please read these terms carefully. They contain important limitations of liability, a binding arbitration clause, and critical notices about data irrecoverability.
Table of Contents
1. Introduction
Welcome to MissCaps. These Terms of Service ("Terms") govern your access to and use of the MissCaps application, website, and related services (collectively, the "Service"), provided by Yocaha (Chongqing) Smart Technology Co., Ltd. / 油菜花（重庆）智能科技有限公司 ("MissCaps", "we", "us", or "our").
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
These Terms apply to all users of the Service, including recipients who access capsule delivery links without creating an account.
2. Eligibility
You must be at least 18 years of age to create an account. MissCaps involves the creation and storage of personal, potentially sensitive content intended for posthumous or emergency delivery. Minors cannot lawfully consent to these Terms or the nature of this Service.
You represent that you have the full legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
3. Account Registration & Security
You are responsible for maintaining the confidentiality of your account credentials (email/phone and password). You agree to notify us immediately at contact@misscaps.com if you suspect unauthorized access to your account.
Accounts are personal and non-transferable. You may not share your account credentials or allow others to access your account.
We reserve the right to terminate or suspend accounts that we reasonably believe have been compromised or are being used in violation of these Terms.
4. The Service — What MissCaps Is and Is Not
MissCaps is a personal digital time-capsule and missed contact switch service that allows you to create encrypted messages, images, and videos for delivery to designated recipients if you stop checking in for a configured period.
MissCaps is NOT:
- A legal will, testament, or estate-planning instrument
- A medical alert or emergency response service
- A guaranteed-delivery communication platform
- A data backup or archival service
- A substitute for professional legal or financial advice
The Service is provided on a "best-efforts" basis. We do not guarantee 100% uptime, uninterrupted delivery, or that the Service will be available at any specific time. Service interruptions due to maintenance, infrastructure failures (including those of Amazon Web Services, Solana network, or other dependencies), or force majeure events do not constitute a breach of these Terms.
5. Privacy PIN — Critical Notice
The Privacy PIN is a 6-digit number you choose when setting up end-to-end encryption. It serves as the sole cryptographic credential for encrypting and decrypting your capsule content.
Your Privacy PIN can be reset using recovery codes — but only if you have saved them.
- • Your PIN is never transmitted to our servers. We store only an encrypted form of your private key — useless without the PIN.
- • When you set a Privacy PIN, the app generates 8 one-time recovery codes. Each code can be used once (in order) to reset your PIN without losing any capsule data. The recovery process re-encrypts your private key on-device — our servers never see your PIN or content in plaintext.
- • If you forget your PIN and have no remaining recovery codes, your encrypted capsule content is permanently inaccessible. We cannot recover it.
- • Store your recovery codes safely — treat them with the same care as your PIN. They are shown only once and cannot be regenerated without your current PIN.
By setting a Privacy PIN, you acknowledge that MissCaps has no ability to decrypt your content and accepts no liability for data loss resulting from a forgotten PIN combined with lost or exhausted recovery codes.
6. Data, Encryption & Storage
All capsule content (text, images, video) is encrypted on your device using AES-256-GCM before transmission. The encryption key is protected by your Privacy PIN via PBKDF2 key derivation. Our servers receive and store only ciphertext — we are technically incapable of reading your capsule content.
Storage infrastructure:
- Account data & encrypted content — Amazon Web Services (AWS), United States region. Subject to AWS Service Terms.
- Images & videos — Amazon S3, United States region, encrypted at rest and in transit.
- Integrity proofHash — Written to the Solana public blockchain as a SHA-256 fingerprint. This hash is public, immutable, and permanent. It contains no personal content, but it cannot be deleted even if you close your account.
You acknowledge and accept that content hashed to the Solana blockchain is permanently stored on a public, decentralized network beyond our control.
7. Missed Contact Switch — Trigger Disclaimer
The delivery trigger is purely time-based. If you do not check in within your configured "miss days" threshold, the Service will automatically deliver your capsules — regardless of your actual circumstances.
MissCaps will trigger even if you are alive.
The system cannot distinguish between death, hospitalization, travel without connectivity, device loss, or any other reason for missing check-ins. Capsules will be delivered if the threshold is exceeded.
- • Once a recipient opens their delivery link, the content is disclosed. Delivery cannot be recalled or undone.
- • We strongly recommend configuring a Secondary Confirmer who can verify your status and cancel a false trigger.
- • MissCaps is not liable for emotional distress, privacy harm, or any other consequence resulting from an unintended trigger.
- • Inform your recipients in advance that they may receive a capsule from you, so they are prepared for the context.
Delivery depends on the validity of each recipient's contact information at the time of triggering. We cannot guarantee delivery if email addresses or phone numbers are invalid, expired, or have been deactivated.
MissCaps is not responsible for failed deliveries due to recipient contact information changes, email spam filtering, SMS carrier issues, or any other factor outside our direct control.
8. Content Policy
Because capsule content is end-to-end encrypted, MissCaps cannot inspect, moderate, or review what you store. You are solely responsible for all content in your capsules.
You agree that you will not use the Service to store or transmit:
- Content that violates any applicable law or regulation
- Child sexual abuse material (CSAM) or any content that sexually exploits minors
- Content that facilitates terrorism, violence, or hate crimes
- Information obtained through unauthorized access to another person's accounts or devices
- Content intended to harass, threaten, or harm any individual
MissCaps reserves the right to suspend or terminate accounts based on credible reports of prohibited use, technical metadata indicators, or legal compulsion — without the ability or obligation to decrypt and review encrypted content.
9. Not a Legal Document
MissCaps capsules are personal messages — not legal documents.
Content stored in capsules has no inherent legal standing and cannot be used as evidence in any court, administrative, or arbitral proceeding. MissCaps is not a licensed legal service provider.
Specifically, MissCaps is not a substitute for:
- A last will and testament (legally executed under applicable state/national law)
- A trust document, power of attorney, or advance healthcare directive
- Notarized or witnessed legal declarations
- Any other document requiring legal formality to be enforceable
If you require legally binding end-of-life planning documents, please consult a licensed attorney in your jurisdiction.
10. Third-Party Services
The Service integrates with third-party providers. Your use of these integrations is subject to their respective terms and privacy policies. MissCaps is not responsible for the acts, omissions, or failures of any third-party provider.
| Provider | Purpose |
|---|---|
| Amazon Web Services | Data & file storage (United States) |
| Solana Blockchain | Immutable content proof (public ledger) |
| RevenueCat | Subscription billing (if applicable) |
| Apple App Store / Google Play | In-app purchase processing |
| SMTP / SMS providers | Transactional email & SMS delivery |
11. Payments & Subscriptions
Paid subscriptions are processed exclusively through the Apple App Store or Google Play Store. MissCaps does not directly collect or store your payment card information.
Refunds are governed by the platform's own refund policies (Apple or Google). MissCaps has no control over refund decisions made by these platforms.
If a paid subscription expires or is cancelled, your account reverts to the free plan. Your data is retained; premium-only features become inaccessible until the subscription is renewed.
12. Limitation of Liability
Without limiting the foregoing, MissCaps expressly disclaims liability for:
- Data loss resulting from a forgotten or compromised Privacy PIN
- Emotional distress, reputational harm, or privacy violations resulting from an unintended missed contact switch trigger
- Failed or delayed capsule delivery due to invalid recipient contact information
- Service disruptions caused by AWS, Solana network, or other infrastructure failures
- Any consequence arising from the legal inadmissibility of capsule content
- Third-party disclosure or misuse of received capsule content
In any case, MissCaps' total aggregate liability to you shall not exceed the greater of (a) USD $100 or (b) the total subscription fees you paid to MissCaps in the 12 months immediately preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Yocaha (Chongqing) Smart Technology Co., Ltd. / 油菜花（重庆）智能科技有限公司 and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) any content you store in or deliver through the Service; or (d) your violation of any applicable law or the rights of any third party.
14. Intellectual Property
Your content: You retain all ownership rights to the content you store in MissCaps. By using the Service, you grant MissCaps a limited, non-exclusive, royalty-free license to store, process, and transmit your content solely as necessary to provide the Service. This license terminates when you delete the content or close your account.
Our platform: The MissCaps application, website, brand, trademarks, and underlying technology are the exclusive property of Yocaha (Chongqing) Smart Technology Co., Ltd. / 油菜花（重庆）智能科技有限公司. Nothing in these Terms grants you any right to use our intellectual property outside the scope of using the Service.
15. Service Modification & Termination
MissCaps reserves the right to modify, suspend, or discontinue the Service (in whole or in part) at any time. We will provide reasonable advance notice (no less than 30 days for full discontinuation) to allow you to export or back up your data where technically possible.
We may terminate or suspend your account immediately, without prior notice, for violations of these Terms, legal requirements, or to prevent harm to other users or third parties.
You may close your account at any time through the app settings. Account data will be permanently deleted within 30 days of closure. Content hashed to the Solana blockchain cannot be deleted and will remain on the public ledger permanently.
16. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law principles.
Informal Resolution
Before initiating formal proceedings, you agree to contact us at contact@misscaps.com and give us 30 days to attempt an informal resolution.
Binding Arbitration
If informal resolution fails, any dispute shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in English. The arbitration may be conducted online. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver
To the fullest extent permitted by law, you waive the right to participate in a class-action lawsuit or class-wide arbitration against MissCaps. All disputes must be brought on an individual basis.
17. Changes to These Terms
We may update these Terms from time to time. For material changes, we will notify you by email at least 30 days before the new Terms take effect. Non-material changes (such as corrections, clarifications, or legal compliance updates) may take effect immediately upon posting.
Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Service and delete your account before the effective date.
18. Contact
For questions about these Terms, please contact:
Yocaha (Chongqing) Smart Technology Co., Ltd. / 油菜花（重庆）智能科技有限公司
contact@misscaps.com© 2026 Yocaha (Chongqing) Smart Technology Co., Ltd. / 油菜花（重庆）智能科技有限公司. All rights reserved.