EULA

REDKEY USB LIMITED
END USER LICENCE AGREEMENT (EULA)

Version: 9.0 (March 2026)
Effective Date: 11 March 2026
Previous Version: 8.0 (superseded in full)

SCOPE AND SUMMARY

This End User Licence Agreement ("EULA") governs the licensing, installation, activation, and use of Redkey USB software and related documentation. This EULA does NOT govern warranty, returns, refunds, shipping, or data protection matters which are addressed in separate policies incorporated by reference.

CUSTOMER SUMMARY (FOR GUIDANCE ONLY - FULL LEGAL TERMS BELOW APPLY)

BY INSTALLING, ACTIVATING, OR USING REDKEY USB SOFTWARE, YOU AGREE TO THESE TERMS.

WHAT YOU RECEIVE: A personal, non-exclusive, non-transferable licence to use the Redkey USB software edition you purchased, subject to the limitations and restrictions set out in this EULA.

WHAT YOU OWN vs WHAT YOU LICENCE: You OWN the physical USB device (Hardware) as tangible personal property. You are LICENSED to use the software - you do not own the intellectual property rights in the software. The USB device functions as a security dongle required for operation.

HOW THE SOFTWARE WORKS: The software runs primarily from your computer's RAM without permanent installation to your hard drive. The USB device must remain inserted during use. Some user preferences may persist between sessions.

EDITION CAPABILITIES:
(a) HOME: One host PC OR one remote PC via network (mobile devices NOT supported, PDF reporting NOT included)
(b) PROFESSIONAL: One host PC OR one remote PC via network (includes PDF reporting, mobile devices NOT supported)
(c) ULTIMATE: One host PC, one mobile device, OR one remote PC via network (includes PDF reporting, mobile support, and scripting/automation for local host only)
(d) ITAD: One local host PC with up to 16 disks OR up to 16 remote PCs/devices simultaneously (includes PDF reporting, mobile device support up to 16 devices, and scripting/automation for local host only)

YOUR RESPONSIBILITIES: Verify correct target device before wiping. Back up data you wish to preserve. Never remove USB device until system is powered off. Ensure continuous power during operations. Comply with all applicable laws.

IMPORTANT WARNINGS: DATA DESTRUCTION IS PERMANENT AND IRREVERSIBLE. Power interruption may damage devices. High-risk functions should only be used by experienced professionals. Automation features are used AT YOUR OWN RISK. SPECIFIC RISKS INCLUDE: Using ATA over USB mode on USB flash drives and MMC/flash media cards may permanently damage the device. Hidden sanitize overwrite operations on SSDs may cause permanent failure. HPA adjustments to values other than zero may render devices inoperable. Certain Mac disks are known to lock up or enter a fail state after wiping.

THIS SUMMARY IS FOR GUIDANCE ONLY. THE FULL LEGAL TERMS BELOW APPLY.

SECTION 1: INTRODUCTION, PARTIES AND ACCEPTANCE

1.1 Parties to this Agreement

This End User Licence Agreement ("EULA") is a legally binding contract between:
(a) Redkey USB Limited, a company registered in England and Wales with company number 11257207, whose registered office is at 128 City Road, London, EC1V 2NX, United Kingdom ("Licensor", "we", "us", "our", or the "Company"); and
(b) you, the person or entity acquiring and/or using the Product ("Licensee", "you", "your").

1.2 Application and Scope

This EULA applies to all use of the Redkey USB software, documentation, and USB installation media (together, the "Product"). By installing, activating, downloading, accessing, or using the Product in any way, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not agree to this EULA, you must not install, activate, or use the Product and must return the Hardware to us for a refund in accordance with our Warranty, Returns and Refunds Policy.

1.3 Consumer and Business Classification

(a) "Consumer User" means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft, or profession.
(b) "Business User" means any person or entity who is not a Consumer User, including companies, partnerships, sole traders, government bodies, educational institutions, and any other organisation purchasing for trade, business, or professional purposes.
(c) Certain terms in this EULA apply differently depending on your classification. Such terms are clearly marked.
(d) You warrant and represent that your selected classification accurately reflects your intended use of the Product. Misrepresentation of your classification constitutes a material breach of this EULA.

1.4 Digital Content and Consumer Rights Act 2015

(a) If you are a Consumer User, the Software constitutes "digital content" within the meaning of the Consumer Rights Act 2015. You have statutory rights that digital content must be:
(i) of satisfactory quality;
(ii) fit for a particular purpose made known to us; and
(iii) as described by us.
(b) If the digital content damages your device or other digital content belonging to you due to our failure to use reasonable care and skill, we will compensate you or repair the damage, even if we have excluded liability for other losses in this EULA. This is your statutory right and cannot be excluded.
(c) If you are a Consumer User and we fail to supply the digital content within a reasonable time or within the agreed time, you have the right to terminate the contract and receive a refund.

1.5 Relationship to Other Policies

This EULA governs software licensing, intellectual property, and technical operation ONLY. For matters relating to warranty, returns, refunds, shipping, data protection, product safety, and general terms, our Terms of Service and the policies incorporated therein apply and are incorporated by reference. In case of any inconsistency between this EULA and those policies regarding their respective subject matters, those policies shall prevail for their respective subjects.

SECTION 2: DEFINITIONS

2.1 General Definitions

For general definitions including "Business Day", "Consumer User", "Business User", "Force Majeure Event", "Hardware", "Intellectual Property Rights", "Product", "Software", and "Website", see our Terms of Service. In addition to those definitions, the following definitions apply in this EULA:

"Activation Code" means the unique alphanumeric code provided to you that enables activation and use of the Software on the Installation Media.

"Cloud Console" means the online portal and associated services provided to ITAD edition users for accessing, storing, and managing reports and related data.

"Documentation" means all user manuals, technical specifications, help files, release notes, and other materials provided by us relating to the Software, whether in printed or electronic form.

"Edition" means the specific version of the Software licensed to you (Home, Professional, Ultimate, or ITAD) as indicated at the time of purchase.

"Installation Media" means the Hardware (USB device) on which the Software is distributed and which functions as a Security Dongle.

"Licence Fee" means the fee paid by you to purchase the Product and obtain the licence granted under this EULA.

"Security Dongle" means the hardware-based copy protection mechanism that requires the physical presence of genuine Installation Media for the Software to operate.

"Subscription" means a recurring payment arrangement for ITAD edition premium features and Cloud Console access.

"Update" means any update, patch, fix, hotfix, service pack, or new version of the Software released by us during the support period.

SECTION 3: OWNERSHIP, TITLE AND INTELLECTUAL PROPERTY

3.1 Hardware Ownership

(a) Upon payment of the Licence Fee and delivery of the Product, you acquire legal and beneficial ownership of the physical USB device (Hardware) as tangible personal property, subject to the licence terms in this EULA.
(b) The Hardware functions as a Security Dongle. The Software is designed to operate only when genuine Redkey USB Hardware containing valid authentication credentials is physically present in a USB port of the computer on which the Software is running.
(c) You may sell, transfer, or otherwise dispose of the Hardware to a new owner in accordance with Section 3.5. The new owner will only be entitled to warranty, support, and other benefits after completing our Warranty Transfer Process and agreeing to be bound by this EULA.
(d) Defective Hardware remedies are governed exclusively by our Warranty, Returns and Refunds Policy, incorporated by reference.

3.2 Software Licensing - No Sale of Software

(a) The Software is licensed, not sold. We and our licensors retain all right, title, and interest in and to the Software including all Intellectual Property Rights therein. Your payment of the Licence Fee grants you only the limited licence rights expressly set out in Section 5.1.
(b) This EULA does not grant you any ownership interest in the Software, source code, object code, algorithms, know-how, trade secrets, or any related Intellectual Property Rights. All rights not expressly granted to you are reserved by us and our licensors.
(c) You acknowledge that the Software contains valuable trade secrets and confidential information belonging to us and our licensors. You agree to maintain the confidentiality of such trade secrets and confidential information and not to disclose them to any third party.

3.3 Security Dongle Protection

(a) The Software incorporates technical protection measures that require the physical presence of genuine Installation Media containing correct authentication credentials for the Software to operate. This Security Dongle protection is an essential feature of the Product.
(b) You acknowledge and agree that:
(i) backup copies of the Software cannot operate without the Installation Media;
(ii) any attempt to circumvent, disable, or bypass the Security Dongle protection constitutes a material breach of this EULA and may violate applicable laws; and
(iii) we have no obligation to provide workarounds or alternative activation methods if the Security Dongle protection prevents operation.
(c) You may NOT and agree not to:
(i) bypass, circumvent, disable, or otherwise interfere with the Security Dongle protection;
(ii) use emulators, virtual machines, USB pass-through devices, or any other technology to simulate the presence of Installation Media;
(iii) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software to remove or defeat the Security Dongle protection;
(iv) use network-attached USB devices, USB-over-IP solutions, or similar technologies to enable remote operation without physical presence of Installation Media; or
(v) distribute, publish, or share any method, tool, or information that would enable others to circumvent the Security Dongle protection.

3.4 Loss or Destruction of Installation Media

(a) Loss, theft, destruction, or unavailability of the Installation Media effectively terminates your right to use the Software under this EULA, as the Software cannot operate without the Security Dongle.
(b) You must take reasonable precautions to safeguard the Installation Media against loss, theft, damage, or destruction, including storing it securely when not in use.
(c) You must notify us immediately upon discovering any loss or theft of Installation Media. We may, at our sole discretion and subject to verification of your identity and purchase, offer to sell you a replacement Installation Media at a discounted price, but we are under no obligation to replace lost or stolen Installation Media.

3.5 Transfer of Hardware and Licence

(a) Subject to Section 3.5(b), you may transfer ownership of the Hardware to a new owner.
(b) Any transfer of the Hardware is subject to the following conditions:
(i) you must complete our Warranty Transfer Process before or contemporaneously with the transfer;
(ii) you must provide the new owner with a copy of this EULA and ensure they agree to be bound by it;
(iii) you must transfer all Documentation and materials provided with the Product;
(iv) you must not retain any copies of the Software or Documentation after transfer; and
(v) you must delete any reports, data, or other materials generated using the Software that you are not entitled to retain.
(c) Upon completion of a valid transfer in accordance with Section 3.5(b), the new owner will be entitled to use the Software subject to this EULA, and your licence will terminate.
(d) Any purported transfer that does not comply with Section 3.5(b) is void and does not transfer any rights to the transferee.

SECTION 4: EDITIONS, UPGRADES, AND SUBSCRIPTIONS

4.1 Available Editions and Capabilities

The Software is licensed in the following Editions with the specified capabilities and limitations:

(a) HOME EDITION: Licensed for use on ONE host PC (local) OR ONE remote PC connected via network. Supports up to 16 connected storage disks. Mobile device wiping is NOT included. PDF reporting is NOT included. Remote wipe must remain within your Local Area Network.

(b) PROFESSIONAL EDITION: Licensed for use on ONE host PC (local) OR ONE remote PC connected via network. Supports up to 16 connected storage disks. Mobile device wiping is NOT included. PDF reporting IS included. Remote wipe must remain within your Local Area Network.

(c) ULTIMATE EDITION: Licensed for use on ONE host PC (local), ONE mobile device, OR ONE remote PC connected via network. Supports up to 16 connected storage disks. PDF reporting IS included. Mobile device support IS included. Scripting and automation features are included for local host PC use ONLY. Remote wipe must remain within your Local Area Network.

(d) ITAD EDITION: Licensed for use on ONE local host PC with up to 16 connected storage disks OR up to 16 remote PCs or mobile devices simultaneously. PDF reporting IS included. Mobile device support IS included (up to 16 devices simultaneously). Scripting and automation features are included for local host PC use ONLY. Requires continuous internet connection for Cloud Console access. Remote wipe must remain within your Local Area Network.

4.2 Edition Upgrades

(a) You may upgrade to a higher Edition by purchasing an upgrade through our Website. Upon purchase and activation of the upgrade, your licence will be converted to the higher Edition and you will be bound by the terms applicable to that Edition.
(b) DOWNGRADES ARE NOT PERMITTED. Once you have upgraded to a higher Edition, you cannot revert to a lower Edition or receive a refund for the upgrade.
(c) Upgrade pricing, availability, and eligibility are at our sole discretion and subject to change without notice.

4.3 ITAD Subscription Terms

(a) The ITAD Edition may be offered on a Subscription basis which includes Cloud Console access and multi-device wiping capabilities.
(b) If your Subscription expires or is cancelled for any reason:
(i) the Software may downgrade to a lower Edition or limit functionality;
(ii) Cloud Console access may be suspended or terminated;
(iii) reports and data stored in the Cloud Console may become inaccessible; and
(iv) multi-device wiping capabilities may be disabled.
(c) It is your responsibility to download and retain copies of any reports or data stored in the Cloud Console before Subscription expiry or cancellation. We are not liable for any loss of data from the Cloud Console following Subscription termination.
(d) Subscription terms including price, billing frequency, and renewal terms are as specified at the time of purchase and may be updated in accordance with Section 20.

4.4 Cloud Console (ITAD Edition)

(a) ITAD Edition users are granted access to the Cloud Console for report storage, management, and retrieval during the Subscription period or as otherwise specified.
(b) Reports are transferred to the Cloud Console manually through the Software interface. You are responsible for initiating and confirming successful transfer of reports.
(c) We do not guarantee indefinite storage of reports in the Cloud Console. You must maintain your own backups of all reports and data stored in the Cloud Console. We strongly recommend downloading and storing copies of all important reports locally.
(d) Cloud Console access requires a valid ITAD licence and active Subscription (if applicable). We may suspend or terminate Cloud Console access immediately upon expiry or termination of your ITAD licence or Subscription.

4.5 PDF Reporting (Professional, Ultimate, and ITAD Editions)

Professional, Ultimate, and ITAD Editions include PDF reporting functionality. You may need an external PDF viewer to open reports. Reports contain our logo, authentication information, and details of the wiping operation. You are responsible for ensuring the security and appropriate use of generated reports.

4.6 Scripting and Automation (Ultimate and ITAD Editions)

(a) Scripting functionality allows you to create and execute automated wiping procedures.
(b) SCRIPTING LIMITATION: Scripting and automation features are available for local host PC use ONLY. Scripting does NOT work with remote PCs, mobile devices, or in ITAD multi-device mode.
(c) AUTOMATION RISK WARNING: Use of scripting and automation is ENTIRELY AT YOUR OWN RISK. Automation may bypass or override safety safeguards and confirmation prompts that would normally require user intervention. You assume full responsibility for all consequences of using scripting and automation features.
(d) We strongly recommend testing all scripts thoroughly in Safe Mode before using them for live data destruction operations.

SECTION 5: LICENCE GRANT, PERMITTED USE AND RESTRICTIONS

5.1 Grant of Licence

Subject to your compliance with this EULA and payment of the Licence Fee, we grant you a limited, personal, non-exclusive, non-transferable (except as provided in Section 3.5), non-sublicensable licence to use the Software during the term of this EULA in accordance with:
(a) the capabilities and limitations of your Edition as set out in Section 4.1;
(b) the permitted uses in Section 5.2; and
(c) subject to the restrictions in Section 5.4.

5.2 Permitted Use

You may use the Software to:
(a) erase data from storage devices in accordance with the capabilities of your Edition;
(b) use the Software for personal, business, commercial, professional, or service-provider purposes on equipment you own or lawfully have authority to access and wipe;
(c) make one backup copy of the Software for archival purposes only, provided that such backup copy cannot operate without the Installation Media and is used solely for backup and not for operational purposes; and
(d) use the Documentation solely for your internal use in connection with your authorised use of the Software.

5.3 Third-Party Use and Service Provider Activities

If you use the Software to provide data destruction services to third parties or to wipe equipment belonging to third parties:
(a) you remain solely responsible for ensuring you have lawful authority to perform the wipe on such equipment;
(b) you must comply with all applicable laws including data protection laws;
(c) you must not make the Software available to third parties to use independently;
(d) you must not represent or imply that we endorse your services or that you are our agent, partner, or affiliate;
(e) you are solely responsible for any claims, damages, or liabilities arising from your provision of services to third parties; and
(f) you must indemnify and hold us harmless from any claims arising from your third-party activities as set out in Section 13.

5.4 Licence Restrictions

You may NOT and agree not to:
(a) copy the Software except as expressly permitted in Section 5.2(c);
(b) modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to discover the source code of the Software or any part thereof;
(c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software or any features or functionality of the Software to any third party;
(d) remove, alter, or obscure any proprietary notices, labels, or marks on the Software or Documentation;
(e) use the Software for any illegal, fraudulent, or unauthorised purpose or in any manner that violates any applicable law or regulation;
(f) circumvent, disable, or interfere with any technical protection measures, licence controls, or security features of the Software;
(g) use the Software on more devices or in a manner that exceeds the limitations of your Edition as set out in Section 4.1;
(h) use the Software in any jurisdiction where such use would violate applicable law or regulation;
(i) use the Software to develop, train, or improve any competing product or service;
(j) use the Software in any way that could damage, disable, overburden, or impair our systems or networks or interfere with any other party's use of the Software; or
(k) attempt to do any of the foregoing or permit or assist any third party to do any of the foregoing.

5.5 Open Source Software

The Software may include or be distributed with certain third-party open source software components that are subject to their respective open source licences. Your use of such open source components is governed by the terms of the applicable open source licences and not by this EULA, except that Sections 3.2 (ownership), 5.4 (restrictions on reverse engineering), and 11 (liability) shall continue to apply to the Software as a whole. A list of open source components and their licences is available upon request.

SECTION 6: TECHNICAL REQUIREMENTS AND OPERATION

6.1 RAM-Based Operation

(a) The Software is designed to operate primarily from system RAM without permanent installation to your computer's hard drive or other storage.
(b) When you boot from the Installation Media, the Software loads into RAM as a self-contained operating environment.
(c) During operation, the Software may read from and write to the Installation Media for configuration data, updates, and report storage.
(d) Upon proper shutdown and removal of the Installation Media, no trace of the Software should remain on the host computer's storage devices, except that certain user preferences and settings may be stored on the Installation Media to persist between sessions.
(e) You acknowledge that you have no right to extract, copy, or transfer the Software from RAM or to create derivative works based on the Software in RAM.

6.2 Installation Media Requirements

(a) The Installation Media must remain physically inserted in a USB port throughout each Software session. Removal of the Installation Media during operation will cause immediate termination of the Software session.
(b) REMOVAL DURING OPERATION WILL:
(i) immediately terminate the Software session without warning;
(ii) potentially leave the target device in an unbootable or unstable state;
(iii) may affect warranty coverage for that session;
(iv) may result in partial or incomplete data destruction;
(v) risk file system corruption and controller issues on the target device; and
(vi) may cause data loss or corruption on the Installation Media itself.
(c) SAFE REMOVAL: Never remove the Installation Media until the system has been completely powered off and all drives have spun down.

6.3 Device Limitations by Edition

(a) HOME and PROFESSIONAL EDITIONS are licensed for use with ONE DEVICE ONLY, which may be either a host PC (local) or a remote PC connected via network. Mobile device wiping is expressly prohibited with these Editions.
(b) ULTIMATE EDITION is licensed for use with ONE DEVICE ONLY, which may be either a host PC (local), a mobile device, or a remote PC connected via network.
(c) ITAD EDITION is licensed for use with either ONE local host PC with up to 16 connected storage disks OR up to 16 remote PCs or mobile devices simultaneously via network.
(d) Simultaneous wiping operations on multiple devices using non-ITAD Editions is expressly prohibited and constitutes a material breach of this EULA.
(e) You may not circumvent device limitations by any technical means including but not limited to virtualisation, containerisation, or network sharing.

6.4 Remote and Mobile Wipe Limitations

(a) Remote wipe functionality is permitted for one remote PC (or up to 16 remote PCs/devices for ITAD Edition) connected via your Local Area Network.
(b) Remote wipe must remain within your Local Area Network. Use over wide area networks, VPNs, or the public internet is not supported and may not function correctly.
(c) Mobile device wipe requires physical connection of the mobile device to your local host PC through appropriate cables and adapters.
(d) You are solely responsible for providing compatible auxiliary equipment including cables, adapters, and drivers required for mobile device connection.

6.5 System Requirements

UPDATER APPLICATION (Windows PC required for updates and activation): Windows 10 or later (x86 or x64 architecture), minimum 2GB RAM, direct internet connection (download size approximately 2GB), USB 2.0 port or higher.

SOFTWARE (Bootable Environment): x86 or x64-based PC (Intel-based Macs may work but are not officially supported or guaranteed), minimum 1GB RAM (4GB recommended for Remote Mode), USB 2.0 port with USB boot capability enabled in BIOS/UEFI.

WITH REMOTE MODE: Minimum 4GB RAM, suitable wired or wireless network connection with adequate bandwidth.

ITAD EDITION: Minimum 16GB RAM, continuous internet connection for Cloud Console access, suitable network infrastructure for simultaneous multi-device operations.

SECTION 7: ACTIVATION, UPDATES AND DATA COLLECTION

7.1 One-Time Activation Requirement

(a) Activation is required ONCE per Installation Media before first use. Properly activated devices should not require reactivation under normal circumstances.
(b) Before first use, you MUST:
(i) download and install the Redkey USB Updater Application from our Website;
(ii) connect the Installation Media to your computer;
(iii) establish a direct internet connection;
(iv) complete the online activation process using the Activation Code provided with your Product; and
(v) download and apply all available Updates.
(c) Do not attempt to activate the same Installation Media more than once unless reactivation is specifically required due to circumstances described in Section 7.2.

7.2 Reactivation

(a) If the security partition on the Installation Media is accidentally wiped or corrupted, reactivation may be required to restore functionality.
(b) We typically provide one reactivation per device for genuine accidental wiping of the security partition. Repeated or frequent reactivation requests may indicate cloning, duplication, or other unauthorised activity and may result in suspension of activation privileges pending investigation.
(c) To request reactivation, contact our support team at contact@redkeyusb.com. Proof of original purchase may be required. We reserve the right to refuse reactivation if we reasonably suspect fraud, unauthorised copying, or breach of this EULA.

7.3 Connection and Security Requirements

(a) The Updater Application requires a direct internet connection to our activation servers. Use of VPNs, proxy servers, Tor, or other anonymisation or traffic routing tools may interfere with activation and may result in activation failure.
(b) We may refuse activation where the connection prevents us from conducting reasonable security checks or where we reasonably suspect the activation request is fraudulent or unauthorised.
(c) You are responsible for ensuring your network configuration allows communication with our activation servers on the required ports.

7.4 Periodic Check-In

(a) You must periodically connect the Installation Media to the Updater Application with an internet connection to maintain full functionality. The Software will notify you when a check-in is required.
(b) Failure to check in within the required timeframe may result in reduced functionality, warning messages, or a requirement to reactivate.
(c) The check-in process verifies licence validity, applies critical updates, and synchronises configuration data.

7.5 Data Collection During Activation and Updates

(a) During activation, update, and check-in processes, we automatically collect and process certain data including but not limited to:
(i) IP address;
(ii) Installation Media serial number;
(iii) Activation Code;
(iv) hardware information (CPU type, amount of RAM, operating system version);
(v) timestamp of activation/update; and
(vi) geographic location derived from IP address.
(b) You consent to this collection and processing as a condition of using the Software. This data is used for licence verification, fraud prevention, security, product improvement, and compliance purposes.
(c) For information about how we process personal data, please see our Privacy and Data Protection Policy.

7.6 Safe Mode

(a) The Software includes a Safe Mode that allows you to familiarise yourself with the interface and functionality without performing actual data destruction.
(b) We strongly recommend testing all automation scripts and unfamiliar features in Safe Mode before using them for live data destruction operations.
(c) Safe Mode does not guarantee identical behaviour to live mode in all circumstances, particularly regarding hardware compatibility and error handling.

SECTION 8: DATA DESTRUCTION, RISKS AND RESPONSIBILITIES

8.1 Data Destruction Efficacy and Standards

(a) The Software is designed to destroy data with 99.99966% (six sigma) confidence or higher when used correctly on properly functioning hardware, meeting or exceeding NIST SP 800-88 and IEEE 2883 standards for media sanitisation in ideal conditions.
(b) Real-world results may vary due to factors outside our control including but not limited to:
(i) hardware condition and age;
(ii) firmware versions and bugs;
(iii) system limitations;
(iv) hidden or reserved storage areas;
(v) defective or failing storage media; and
(vi) user error.
(c) You are solely responsible for selecting an appropriate sanitisation method and level that meets your specific security, compliance, and regulatory requirements.

8.2 Nature of Data Destruction - IRREVERSIBLE

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) data destroyed by the Software CANNOT BE RECOVERED by any means known to current technology;
(b) the Software destroys ALL data on target devices including operating systems, applications, user files, and system files;
(c) target devices will normally require complete reinstallation of operating system and applications after wiping; and
(d) while mobile devices may in some cases retain their operating system, this is not guaranteed and depends on device-specific factors.

8.3 Your Responsibilities Before Wiping

BEFORE initiating any data destruction operation, you MUST:
(a) VERIFY that you have selected the correct target device and have not accidentally selected the wrong drive;
(b) BACK UP any data you wish to preserve to separate, secure storage that will not be affected by the wipe operation;
(c) RECORD all passwords, encryption keys, licence keys, and credentials you may need to access backed-up data or reinstall systems;
(d) ENSURE you have legal authority to destroy all data on the target device; and
(e) CONFIRM your understanding that the data destruction is PERMANENT and IRREVERSIBLE.

8.4 Assumption of Risk

BY USING THE SOFTWARE FOR DATA DESTRUCTION, YOU ASSUME ALL RISKS INCLUDING BUT NOT LIMITED TO:
(a) accidental destruction of data you intended to keep;
(b) selection of the wrong target device;
(c) rendering devices unbootable or inoperable;
(d) loss of access to accounts, encrypted data, or systems;
(e) business interruption;
(f) regulatory non-compliance; and
(g) all other consequences of irreversible data loss.

8.5 Equipment Faults and Limitations

(a) Data destruction efficacy depends on the target device being in good working order. We are not liable for data remaining on devices with hardware defects, firmware issues, inaccessible storage areas, or other equipment faults.
(b) Certain storage devices contain hidden or reserved areas including Host Protected Areas (HPA), Device Configuration Overlays (DCO), and firmware service areas that may not be accessible to the Software. You are responsible for verifying whether your target devices contain such areas and whether additional measures are required for your security or compliance needs.

8.6 Rare Device Issues - Risk of Device Failure

(a) Certain storage devices, including some SSD and NVMe devices, may in rare cases cease functioning following particular wipe, sanitize, or controller-level operations. This is typically due to device-specific firmware or controller behaviour and is outside our reasonable control.
(b) This is not a universal risk and is understood to arise only in certain devices, connection methods, or technical scenarios.
(c) You are responsible for ensuring that the selected wipe method is appropriate for the relevant device and connection type before proceeding.
(d) To the fullest extent permitted by law, we are not liable for loss, damage, or device failure arising from such hardware-specific behaviour, except to the extent liability cannot lawfully be excluded or limited.

8.7 Advanced Functions - Locked by Default

(a) Certain advanced functions, including controller-level operations, ATA sanitize-related functions, and similar low-level device commands, are locked by default and require deliberate user action to enable.
(b) These functions are intended for users who understand the relevant storage technology and may affect device operability, capacity, configuration, or available features.
(c) By enabling or using any such function, you accept responsibility for the consequences of that use.

8.8 Known Higher-Risk Scenarios

(a) Certain functions and usage scenarios present an elevated risk of device failure, reduced capacity, altered behaviour, or loss of operability.
(b) Examples of known higher-risk scenarios include, without limitation:
   (i) the use of ATA or similar controller-level commands via USB adapters, bridges, or other non-native interfaces, particularly with USB flash drives and flash-based removable media;
   (ii) the use of ATA sanitize overwrite or similar controller-managed operations on certain SSD or NVMe devices whose firmware may respond unpredictably;
   (iii) the adjustment of HPA or DCO values away from their normal or expected settings;
   (iv) the wiping of certain Apple / Mac storage devices or configurations known in some cases to enter a locked, failed, or unrecoverable state after particular wipe operations.
(c) The above examples are illustrative only and do not constitute an exhaustive list. Storage hardware behaviour may vary by manufacturer, model, firmware, controller, interface, and system configuration.
(d) High-risk operations should only be used where you understand the selected method and the possible consequences.

8.9 No Recovery Services

(a) We do not provide and cannot provide data recovery services for data destroyed by the Software.
(b) No third party can recover data destroyed by the Software to the specified efficacy level using current technology. Claims by data recovery companies to the contrary should be treated with extreme scepticism.

8.10 Embedded Storage and Secure Enclaves

(a) The Software may not destroy data stored in embedded flash memory, firmware service areas, secure enclaves, or other specialised storage areas that are not accessible through standard storage interfaces.
(b) You agree to verify the capabilities and limitations of your specific target devices and to take additional measures if required for your security or compliance needs.

8.11 Data Access and Privacy During Operation

(a) The Software operates at a low level (sector/block) and does NOT:
(i) read or interpret file content in a human-readable or meaningful form;
(ii) scrape, extract, or collect personal information from your files;
(iii) upload your data to our servers; or
(iv) bypass or defeat encryption.
(b) A hex viewer is available that displays raw disk content in hexadecimal format, but this does not extract user data in a usable or meaningful form.

SECTION 9: POWER REQUIREMENTS AND INTERRUPTION

9.1 Continuous Power Requirement

Data destruction operations require CONTINUOUS, UNINTERRUPTED power to both the host computer and the target device. Power interruption during an active wipe is a CRITICAL FAILURE that may leave the target device UNBOOTABLE, CORRUPTED, or DAMAGED.

9.2 Your Power Responsibilities

You agree to:
(a) ensure a reliable power source for the duration of the wipe operation;
(b) use uninterruptible power supplies (UPS) where practical, particularly for critical operations;
(c) not initiate wipe operations on devices with known power issues, faulty power supplies, or unstable power environments;
(d) monitor wipe operations and remain present to address any power issues that may arise; and
(e) not leave devices unattended during active wipe operations.

9.3 Power Interruption Effects

Power interruption during a wipe operation may cause:
(a) device instability;
(b) incomplete or partial sanitisation;
(c) file system corruption;
(d) controller malfunction; or
(e) permanent loss of device operability.
The effects on warranty coverage will be assessed in accordance with our Warranty, Returns and Refunds Policy.

9.4 No Liability for Power Interruptions

To the fullest extent permitted by law, we are not liable for any loss or damage resulting from power interruption during wipe operations including but not limited to device damage, data loss, or business interruption, except for liability that cannot lawfully be excluded under applicable consumer protection legislation.

SECTION 10: WARRANTY, SUPPORT AND CERTIFICATION

10.1 Incorporated Policies

Warranty coverage, returns, refunds, and technical support are governed exclusively by our Warranty, Returns and Refunds Policy and our Terms of Service, both incorporated by reference. This EULA does not create any warranty or support obligations beyond those expressly stated in those policies.

10.2 Certification Status

(a) The Software may or may not hold third-party certifications at any given time. Certification status is subject to change without notice.
(b) Lack of certification does not affect the functionality of the Software or your rights under this EULA.
(c) Your licence is not conditional on certification status, and we make no representation that the Software will maintain any specific certification.
(d) You are solely responsible for ensuring that your use of the Software meets any applicable regulatory, compliance, or certification requirements for your specific use case or industry.

SECTION 11: LIABILITY AND LIMITATION

IMPORTANT: The liability provisions in this Section apply ONLY to matters relating to software licensing, activation, technical operation, and use of the Software as expressly licensed under this EULA. FOR ALL OTHER LIABILITY MATTERS including product liability, warranty claims, data loss, consequential losses, technical support, delivery issues, and after-sales matters, refer to the relevant incorporated policy as set out in Section 1.5.

11.1 Liability That Cannot Be Excluded

Nothing in this EULA excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14, and 15 of the Sale of Goods Act 1979 and sections 3, 4, and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose, and samples); or
(e) any other liability which cannot be limited or excluded by applicable law including statutory rights under the Consumer Rights Act 2015.

11.2 Consumer User Liability

(a) If you are a Consumer User, your statutory rights under the Consumer Rights Act 2015 are not affected by this EULA. These include rights that digital content must be of satisfactory quality, fit for purpose, and as described.
(b) Subject to Section 11.1, our total liability for EULA matters shall not exceed the price paid for the Product.
(c) We are not liable for business losses unless we have breached statutory obligations regarding satisfactory quality or fitness for purpose.
(d) If digital content damages your device or other digital content due to our failure to use reasonable care and skill, we will compensate you or repair the damage as required by the Consumer Rights Act 2015.

11.3 Business User Liability

Subject to Section 11.1:
(a) we exclude all liability for loss of profits, revenue, sales, business, anticipated savings; loss or damage to data, software, or information; business interruption; loss of goodwill or reputation; and any indirect, consequential, special, or punitive loss or damage howsoever arising;
(b) our total liability for EULA matters shall not exceed the greater of (i) GBP 5,000, or (ii) the total fees paid by you in the 12 months preceding the claim; and
(c) all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this EULA.

11.4 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this EULA where such failure or delay results from a Force Majeure Event. If the Force Majeure Event continues for more than 30 days, either party may terminate this EULA by giving written notice to the other party.

SECTION 12: CONSUMER RIGHTS (CONSUMER USERS ONLY)

12.1 Application

This Section applies to Consumer Users only. Business Users are not entitled to the rights in this Section.

12.2 Statutory Rights Under Consumer Rights Act 2015

Consumer Users have the following statutory rights under the Consumer Rights Act 2015 which are not affected by this EULA:
(a) the right to receive digital content that is of satisfactory quality;
(b) the right to receive digital content that is fit for a particular purpose made known to us;
(c) the right to receive digital content that matches the description provided;
(d) the right to receive digital content that is installed correctly (if we install it); and
(e) the right to compensation if digital content damages your device or other digital content due to our failure to use reasonable care and skill.

12.3 Remedies for Faulty Digital Content

If the digital content is faulty, you are entitled to:
(a) a repair or replacement within a reasonable time and without significant inconvenience to you; or
(b) if repair or replacement is not possible or is unsuccessful, a price reduction of an appropriate amount up to a full refund.

12.4 Time Limits for Claims

Claims for faulty digital content must be made within 6 years from the date of purchase (England and Wales) or 5 years from the date of discovery of the fault (Scotland).

12.5 Exercise of Rights

To exercise your consumer rights, contact us at contact@redkeyusb.com. Full details of remedies and procedures are in our Warranty, Returns and Refunds Policy.

SECTION 13: BUSINESS USER INDEMNITY

13.1 Application

This Section applies to Business Users only. Consumer Users are not subject to the indemnity obligations in this Section.

13.2 Indemnification

You agree to indemnify, defend, and hold harmless Redkey USB Limited and its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees and court costs) arising from or relating to:
(a) your breach of this EULA;
(b) your misuse of the Software;
(c) your infringement of any third-party rights including Intellectual Property Rights;
(d) your provision of data destruction services to clients or third parties;
(e) claims by your clients or third parties relating to data destruction services you performed using the Software;
(f) your violation of any applicable law or regulation; and
(g) your negligence or wilful misconduct.

13.3 Insurance Recommendation

We strongly recommend that Business Users maintain appropriate insurance coverage including professional indemnity insurance and cyber liability insurance to cover potential losses arising from the use of the Software and provision of data destruction services.

SECTION 14: TERM, SUSPENSION AND TERMINATION

14.1 Term

This EULA begins on the date you accept it (by installing, activating, or using the Product) and continues until terminated in accordance with this Section 14.

14.2 Termination by You

You may terminate this EULA at any time by:
(a) ceasing all use of the Software;
(b) uninstalling or removing the Software from all computers and devices;
(c) destroying all copies of the Software and Documentation in your possession or control; and
(d) notifying us of termination at contact@redkeyusb.com.

14.3 Termination by Us

We may terminate this EULA immediately by notice to you if:
(a) you commit a material breach of this EULA which is not remedied within 14 days of written notice (where capable of remedy);
(b) you breach Section 5.4 (Licence Restrictions) or Section 3.3 (Security Dongle circumvention);
(c) you attempt to circumvent technical protections or licence controls;
(d) you use the Software for any illegal or fraudulent purpose;
(e) you fail to comply with Periodic Check-In requirements after written notice;
(f) you become insolvent, file for bankruptcy, or cease business operations; or
(g) we are required to do so by law, regulation, or court order.

14.4 Suspension

We may suspend your licence and access to the Software immediately without prior notice if:
(a) we suspect a breach of this EULA requiring investigation;
(b) we detect VPN, proxy, or anonymisation tool use during activation attempts;
(c) we detect repeated failed activation attempts suggesting unauthorised activity;
(d) you fail to make payment when due;
(e) you have an unresolved delivery dispute; or
(f) we reasonably believe suspension is necessary for security or fraud prevention.

14.5 Consequences of Termination

Upon termination of this EULA for any reason:
(a) all rights and licences granted to you under this EULA cease immediately;
(b) you must immediately cease all use of the Software;
(c) you must destroy all copies of the Software and Documentation in your possession or control;
(d) Cloud Console access terminates immediately (ITAD users);
(e) Subscription benefits cease immediately; and
(f) any provisions which by their nature should survive termination shall survive.

14.6 Survival

Sections 3.2 (ownership), 5.4 (restrictions), 11 (liability), 13 (indemnity), 14.5 (consequences of termination), 16 (export control), 17 (governing law), 19 (general provisions), and any other provisions which by their nature should survive termination, shall survive termination of this EULA for any reason.

SECTION 15: DATA PROTECTION

15.1 Privacy Policy

Our collection and use of personal data is governed by our Privacy and Data Protection Policy, incorporated by reference. Please review that Policy for information about how we process your personal data.

15.2 Your Data Protection Responsibilities

You are solely responsible for:
(a) ensuring you have lawful authority to destroy any data you process using the Software;
(b) complying with all applicable data protection laws including the UK GDPR and Data Protection Act 2018;
(c) obtaining any necessary consents from data subjects;
(d) maintaining appropriate records of processing activities; and
(e) implementing appropriate technical and organisational measures to protect personal data.

SECTION 16: EXPORT CONTROL AND INTERNATIONAL USE

16.1 Export Controls

The Software may be subject to UK and international export control laws and regulations including the Export Control Act 2002, the Export Control Order 2008, and US Export Administration Regulations. You may not use, export, re-export, transfer, or divert the Software in violation of any applicable export control laws or regulations.

16.2 Sanctions Compliance

You may not use, access, or download the Software if you are:
(a) located in, or a national or resident of, any country subject to UK, US, or international sanctions or trade embargoes including but not limited to Cuba, Iran, North Korea, Syria, Russia (in relation to certain activities), or any other country designated by the UK government, US government, or United Nations;
(b) listed on any UK, US, EU, or UN sanctions list or list of designated persons including the Specially Designated Nationals and Blocked Persons List; or
(c) owned or controlled by any person described in (a) or (b).

16.3 International Use

(a) Use of the Software outside the United Kingdom is at your own risk. You are solely responsible for ensuring your use complies with all applicable local laws and regulations.
(b) We make no representation that the Software is appropriate for use in any particular jurisdiction or that its use complies with any local laws.
(c) Use of the Software in jurisdictions with different data protection, privacy, or consumer protection laws is at your own risk.

SECTION 17: GOVERNING LAW AND JURISDICTION

17.1 Governing Law

This EULA and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

17.2 Jurisdiction

For Consumer Users: You may bring proceedings in the courts of England and Wales or in the courts of your country of residence if you are resident in the European Union. We may bring proceedings against you only in the courts of your country of residence.

For Business Users: You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this EULA, its subject matter, or formation (including non-contractual disputes or claims).

SECTION 18: THIRD-PARTY SOFTWARE

18.1 Third-Party Components

The Software may include third-party open source software components that are governed by their respective open source licence terms. A list of such components and their licences is available upon request.

18.2 No Liability for Third-Party Software

We are not liable for any third-party software or services including open source components, except to the extent that liability cannot be excluded by applicable law.

SECTION 19: GENERAL PROVISIONS

19.1 Severability

If any provision of this EULA is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, shall be deemed deleted, and the remaining provisions shall continue in full force and effect.

19.2 Waiver

No failure or delay by us in exercising any right or remedy under this EULA shall operate as a waiver of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.

19.3 Assignment

We may assign, transfer, or sub-contract all or any of our rights and obligations under this EULA without your consent. You may not assign, transfer, or sub-contract any of your rights or obligations under this EULA without our prior written consent, except as provided in Section 3.5.

19.4 Third-Party Rights

This EULA does not create any rights enforceable by any person who is not a party to it under the Contracts (Rights of Third Parties) Act 1999, except that our successors and assigns may enforce this EULA.

19.5 Notices

Notices under this EULA must be in writing and sent to the addresses specified in Section 21 or as otherwise notified by the parties.

19.6 Entire Agreement

This EULA constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior agreements, understandings, and representations.

19.7 No Partnership or Agency

Nothing in this EULA creates a partnership, joint venture, or agency relationship between the parties.

SECTION 20: CHANGES TO THIS EULA

20.1 Right to Amend

We may amend this EULA at any time to reflect changes in law, implement technical enhancements, respond to business changes, improve clarity, or for any other reason in our sole discretion.

20.2 Notice of Amendments

Material changes will be notified by:
(a) posting the updated EULA on our Website with a revised effective date at least 30 days before the changes take effect; and
(b) email notification to registered account holders (where we have a valid email address).

20.3 Acceptance of Amendments

Your continued use of the Software after the effective date of amended terms constitutes your acceptance of those amendments. If you do not agree to the amended terms, you must terminate this EULA in accordance with Section 14.2 before the changes take effect.

SECTION 21: CONTACT INFORMATION

21.1 Contact Details

For questions about this EULA, technical support, or licence matters:
Email: contact@redkeyusb.com
Website: https://redkeyusb.com/contact

21.2 Company Information

Redkey USB Limited
Company Registration Number: 11257207 (England and Wales)
Registered Office: 128 City Road, London, EC1V 2NX, United Kingdom

This EULA forms part of our Terms of Service

Document Version: 9.0 (March 2026)
Last Updated: 11 March 2026
Next Review Date: March 2027

Copyright (c) Redkey USB Limited. All rights reserved.