Encypher C2PA Certificate Subscriber Agreement

Version: 1.4 Status: Active Version Effective Date: August 9, 2026 Certificate Policy OID: 1.3.6.1.4.1.62558.1.1 Governing document versions: Encypher C2PA Certificate Policy (CP) v2.1 and Certification Practice Statement (CPS) v2.1 Agreement location: https://ca.encypher.com/repository/subscriber-agreement CP location: https://ca.encypher.com/repository/certificate-policy CPS location: https://ca.encypher.com/repository/cps

1. Parties and Acceptance

This Subscriber Agreement ("Agreement") is between Encypher Corp. ("Encypher," "we," the "CA") and the organization identified in the certificate application ("Subscriber," "you"). It governs each X.509 certificate issued to you by the Encypher C2PA Certificate Authority (each, a "Certificate").

Agreement formation. This Agreement becomes binding only if, before Encypher issues a Certificate, an authenticated individual who is an owner or administrator of the Subscriber's Encypher account, with organization membership verified server-side and who is authorized to bind the Subscriber, affirmatively accepts the exact Agreement, CP, and CPS versions identified in the acceptance presentation by checking an initially unchecked box or activating an acceptance control. Applying for, receiving, downloading, installing, or using a Certificate, silence, inactivity, a preselected control, or any other purported acceptance method does not constitute acceptance of this Agreement.

Electronic acceptance and records. The electronic acceptance presentation must identify the Subscriber organization and the exact Agreement, CP, and CPS version numbers, provide a reasonably conspicuous link to each document, and require the accepting individual to represent that they are authorized to bind that organization. Encypher must create and preserve an immutable acceptance record that binds the affirmative action to the accepting individual, the Subscriber organization, the authority representation, the exact Agreement, CP, and CPS versions, the timestamp, and the applicable application or order identifier. Encypher must fail closed and must not issue a Certificate if that complete record cannot be created and verified.

Certificate acceptance. After Agreement formation and issuance, installation or use of a Certificate by the identified Generator Product constitutes acceptance of that Certificate under CP Section 4.4. Certificate acceptance confirms receipt and acceptance of the issued Certificate; it does not form this Agreement or substitute for the pre-issuance assent required above.

Business use only. Certificates are offered only to organizations and only for business, professional, or institutional use. Certificates are not offered for personal, household, or consumer use.

If you do not agree, you must not apply for, accept, install, or use a Certificate, and you must notify Encypher to revoke any Certificate already issued.

2. Definitions

Capitalized terms not defined here have the meaning given in the Encypher CP and CPS.

C2PA Trust List: the certificate trust list published by the Coalition for Content Provenance and Authenticity (C2PA) against which Relying Parties validate Certificates.
Conforming Product / Generator Product: a content-signing product listed with a status of "conformant" on the C2PA Conforming Products List.
Certificate Beneficiaries: you, the C2PA, and Relying Parties who reasonably rely on a valid Certificate (C2PA CP Section 9.6.1).
Relying Party: any entity that validates a C2PA manifest signed with a Certificate.
Private Key: the private key corresponding to the public key in a Certificate.
Assurance Level (AL): the C2PA assurance level indicated in the Certificate (Encypher currently issues at Assurance Level 1).
Domain-Validated AL1 (DV AL1): the only self-service enrollment profile, in which Encypher validates only your authenticated account membership and your control of each exact named domain, and does not verify your legal existence or legal name.
Domain-Control Validation: the automated, deterministic DNS TXT and/or HTTPS well-known challenge by which you demonstrate control of a domain.
Hosted Signing Service: Encypher's separately enabled service that signs C2PA claims on your behalf using an Encypher-operated claim-signing key. For production hosted signing, that key is a non-exportable P-384 key generated inside, and permanently retained within, Encypher's Google Cloud KMS hardware security module (HSM) boundary under Encypher's exclusive control. Encypher certifies only the public key retrieved from that boundary; the private key never leaves the HSM and is never present in Encypher application software, memory, storage, or transport. Every production claim signature is computed inside the HSM through a KMS signing operation and is bound to a trusted RFC 3161 timestamp. Encypher generates, holds, and delivers no software private key for this service, and no Subscriber private key exists under it.
Encypher-Managed AL1: the non-self-service operational profile used for Hosted Signing Service claim-signing leaves and organization-provisioning leaves. Encypher selects the Common Name, copies the Organization attribute from your Encypher organization account display name, and sets the Country to US. Account membership, exact organization-bound assent and Registration Authority authorization, and Encypher's operation of the managed service are its validation basis. A leaf under this profile has a validity period of 1 to 366 days, and platform claim-signing leaves are issued at the 366-day default; this profile does not use minutes-scale certificate validity. The display name is not independently verified against legal-entity records, and the Certificate does not assert legal existence, incorporation, legal name, or entitlement to that name outside the managed-service relationship.
Confidential Information: non-public business, technical, security, pricing, product, roadmap, certificate-application, validation, or operational information disclosed by one party to the other. It does not include Certificate contents, certificate status information, CRLs, OCSP responses, timestamps, or information the CP, CPS, C2PA CP, or applicable law requires Encypher to publish or disclose.
Excluded Claims: the claims and matters listed in Section 15.3 that are not subject to the liability cap or the exclusion of consequential damages.

3. Order of Precedence and Incorporation of the CP and CPS

Only the exact CP and CPS versions identified in the acceptance record are incorporated by reference into this Agreement. Later publication or amendment of any document does not change the versioned agreement package except through the affirmative assent process in Section 22. If documents conflict:

The C2PA Certificate Policy controls to the extent it imposes mandatory requirements.
The Encypher CP and CPS control certificate lifecycle, technical profile, identity validation, issuance, repository, revocation, security, and PKI operations.
This Agreement, and any order form, control commercial terms only to the extent they do not conflict with the C2PA CP, CP, or CPS.
An order form controls pricing, service levels, and business terms for that order, unless it purports to waive or reduce any C2PA CP, CP, CPS, security, trust-list, or legal-compliance obligation.

4. Certificate Application and Identity Validation

For self-service enrollment, you apply through the authenticated Encypher dashboard or API as an owner or administrator of the applying organization and provide all information required by the CP, including each exact FQDN for which you request validation. Encypher-Managed AL1 leaves are available only through the Hosted Signing Service or organization-provisioning operation and not through self-service enrollment.
Per C2PA CP Section 3.2.3, Encypher issues Certificates only for use with a Generator Product that exists on the C2PA Conforming Products List with a status of "conformant," and only at an Assurance Level at or below that product's recorded maximum. You must provide the Generator Product name, its C2PA Conforming Products List record number, its current conformant status, and its maximum assurance level.
For self-service DV AL1, you must submit a Certificate Signing Request (CSR) demonstrating control of the Private Key; Encypher does not generate your self-service keypair, and that Private Key stays in your sole possession. Where you separately enable the Hosted Signing Service under Section 9, Encypher generates no Subscriber key in software and delivers no private key to you: it certifies a non-exportable P-384 key generated inside and permanently retained within its Google Cloud KMS HSM boundary, performs every production claim signature inside that boundary, and timestamps the signature. The resulting Encypher-Managed AL1 leaf is issued within the 1-to-366-day validity range, at the 366-day default for platform claim-signing leaves.
Encypher acts as the Registration Authority for self-service enrollment through a fully automated, deterministic DV AL1 process. DV AL1 is the only self-service profile: Encypher authenticates your account and owner or administrator membership server-side and validates control of each exact FQDN through automated DNS TXT and/or HTTPS well-known challenges, recording the evidence. The Subject is CN=<validated FQDN> only, derived by Encypher from that evidence. DV AL1 does not verify your legal existence, legal name, corporate registration, country, or any organization attribute.
For an Encypher-Managed AL1 leaf, Encypher selects the CN, copies O from your organization account display name, and sets C=US. The exact organization-bound assent and Registration Authority authorization, authenticated account membership, and Encypher's operation of the Hosted Signing Service or provisioning service are the validation basis. The O value is not independently verified against government, corporate-registry, or other legal-identity evidence and must not be represented as a legal-organization-validated identity. Encypher offers no legal-organization-validated, extended-validation, or other legal-identity profile.
For DV AL1, you authorize Encypher to re-validate your exact-FQDN control at intervals of no more than 398 days by re-running the automated challenge (C2PA CP Section 3.4). Failure to complete re-validation, or loss of control of a validated FQDN, may result in non-renewal or revocation. For issued enrollment certificates under either applicable lifecycle check, a missing or false linked-authorization check—including inability to match exact versions and digests because the governing document metadata is inactive, future-effective, malformed, unapproved, or otherwise unreadable—causes revocation as stated in the CP and CPS.

5. Authorized Use

Each Certificate must identify the applicable C2PA Conforming Generator Product as required by the C2PA CP and the certificate profile. You may use a Certificate only with the Generator Product identified in the Certificate and corresponding C2PA Conforming Products List record, and only at or below the Assurance Level stated in the Certificate, to digitally sign C2PA claims (content provenance manifests). You may also use it for the document-signing purposes defined in CP Section 1.4 (C2PA CP Sections 4.5 and 4.6).

6. Prohibited Use

You must not, and must not permit any third party to:

Use a Certificate outside the C2PA Content Credentials Specification or the C2PA Conformance Program (C2PA CP Section 1.5.2). Any such use is strictly prohibited.
Use a Certificate with any product that is not a C2PA Conforming Product, or at an Assurance Level higher than that for which the associated Conforming Product is eligible.
Use a Certificate for TLS/SSL server authentication, code signing, or S/MIME encryption (key transport or key agreement), or for any purpose not expressly authorized in CP Section 1.4.
Use a Certificate after it has expired or been revoked, or after you know or suspect the Private Key has been compromised.
Transfer, sublicense, or share a Certificate or its Private Key, or use a Certificate to misrepresent the identity of the signer or to imply endorsement by Encypher, the C2PA, or any Relying Party.

7. Subscriber Obligations

Key protection and exclusive control. You are solely responsible for the generation, protection, and management of your Private Keys (C2PA CP Section 6; key escrow and recovery are not supported). You must ensure each Private Key remains under the exclusive control of the applicable Generator Product instance or an approved key management system operating on your behalf, and is not exported, copied, transferred, escrowed, sublicensed, shared, or used by any other device, application instance, system, or party except as expressly permitted by the C2PA Generator Product Security Requirements. This obligation applies to Private Keys you generate or hold. Under the Hosted Signing Service there is no Subscriber-held Private Key: the certified key is a non-exportable key retained inside Encypher's HSM, and your obligations for that service are the credential, authorization, accuracy, and conformity obligations in the remainder of this Section 7 and in Section 9.2.
Credential protection. You must protect all CA access credentials, API tokens, bearer tokens, account credentials, and signing-service credentials against unauthorized access.
Compromise notification. You must notify Encypher at ca@encypher.com within twenty-four (24) hours of learning of, or suspecting, any compromise, loss, theft, or unauthorized use of a Private Key or of any credential described above, and request revocation where applicable.
Platform security. You must maintain platform-appropriate security controls for the Generator Product, including secure development, malware protection, security updates, authentication, authorization, and access controls.
Accuracy. You must provide accurate, complete, and truthful information in every application and promptly notify Encypher of any change to information contained in or relevant to a Certificate.
Acceptance review. You must review each newly issued Certificate and report any error to Encypher within seven (7) days of issuance (CP Section 4.4).
Conformity. You must keep the associated Generator Product in conformant status on the C2PA Conforming Products List for the period in which you use the Certificate, and cease use of the Certificate if that product loses conformant status.
Cessation and destruction. You must stop using a Certificate immediately upon its expiry or revocation, and on termination, expiration, revocation, or cessation of relevant activities, you must destroy or render unusable the affected Private Keys that you hold, using industry best practices, except where retention is required by law or the C2PA Generator Product Security Requirements. Where the affected Certificate covers a key retained inside Encypher's HSM under the Hosted Signing Service, Encypher is responsible for retiring that key and you must cease submitting signing requests.

8. Subscriber Representations and Warranties

Under this Agreement, you represent and warrant that (C2PA CP Section 9.6.2):

The information furnished in the certificate application is accurate, complete, and truthful.
You possess the requisite legal authority to request and use Certificates under the CP, and the individual accepting this Agreement is authorized to bind you.
You will adhere to all stipulations and restrictions set out in the CP, the CPS, and this Agreement.
You will use Certificates solely for their intended purpose and refrain from any prohibited activity.
You have all rights, permissions, licenses, consents, and legal bases necessary for the content, metadata, C2PA assertions, manifests, product names, organization names, trademarks, and personal data submitted to or signed using the Certificate.
Your C2PA claims and assertions are not false, misleading, deceptive, unlawful, infringing, defamatory, or in violation of privacy, publicity, consumer-protection, advertising, election, employment, biometric, child-safety, or regulated-content laws, and you will not use Certificates to imply Encypher, C2PA, or Relying-Party endorsement of content.

9. Key Management

Except under the Hosted Signing Service, you generate your key pair and submit a CSR; Encypher never possesses or escrows your Private Key. Encypher does not generate, hold, serialize, or transmit Subscriber private key material in software on any production signing path.
Hosted Signing Service. Where you enable it, Encypher signs on your behalf with a non-exportable P-384 claim-signing key that is generated inside, and permanently retained within, its Google Cloud KMS hardware security module boundary (FIPS 140-2 Level 3) under Encypher's exclusive control. Encypher certifies only the public key retrieved from that boundary. The private key never leaves the HSM, is never present in Encypher application software, memory, storage, or transport, and is never delivered to you or to any third party. Every production claim signature is computed inside the HSM through a KMS signing operation, and the signature is bound to a trusted RFC 3161 timestamp. The certificate over that key is issued within the Encypher-Managed AL1 validity range of 1 to 366 days, at the 366-day default for platform claim-signing leaves; production hosted signing does not use minutes-scale certificate validity. Because no private key exists outside the HSM, there is no software key for Encypher to escrow, retain, or destroy after a signing operation, and Encypher makes no claim that hosted signing reduces the key-compromise window to minutes. Residual exposure is limited by non-exportable hardware custody, revocable key access, and certificate revocation through OCSP and CRL. You remain responsible for the content, assertions, signing requests, user authorization, account credentials, API credentials, and Generator Product conformance.
Non-production software helper. Encypher operates a software helper that certifies a P-384 public key supplied by the caller and whose default certificate validity is 10 minutes. It is available for non-production use only, and the production configuration refuses it. The helper certifies only the public key supplied to it; it never generates a key pair, never serializes a private key, and never returns private key material. The caller generates, holds, and destroys its own private key. This helper is never used to issue a production hosted-signing certificate or to create a production claim signature, and its minutes-scale validity never applies to production hosted signing or to any Certificate issued to you for production use.
You must use key lengths and algorithms consistent with the CP (ECDSA P-384).
No re-key. Re-key and certificate modification are not permitted. Any renewal or replacement requires a new key pair, a new CSR, and the full issuance process.

10. Revocation

You may request revocation of your Certificate at any time via the Encypher API or by contacting ca@encypher.com; Encypher will authenticate the request and revoke within seventy-two (72) hours (C2PA CP Section 3.6), and in practice processes revocation immediately.
Encypher may, and where required by the CP, CPS, C2PA CP, the C2PA Governing Authority, or the C2PA must, revoke a Certificate, including for: Private Key compromise or suspected compromise; inaccurate, misleading, or changed identity information; issuance error; loss, suspension, revocation, or non-conformant status of the associated Generator Product on the C2PA Conforming Products List; request by you, the C2PA, or the C2PA Governing Authority; non-compliance with the CP, CPS, C2PA CP, or this Agreement; certificate misuse; or use after expiration or revocation.
Revocation status is published via OCSP (https://ca.encypher.com/ocsp) and CRL. Revocation takes effect upon publication, and you remain responsible for ceasing use immediately.

11. CA Obligations and Warranties

Encypher will issue, manage, and revoke Certificates in accordance with the CP and CPS, and will operate a publicly accessible repository (CP, CPS, CA certificates, CRL, OCSP) on a 24x7 basis.
Scope of warranty (C2PA CP Section 9.6.1). During the period a Certificate is valid, Encypher warrants to the Certificate Beneficiaries that it complied with the C2PA CP, the Encypher CP, and the CPS in issuing and managing the Certificate, including the required procedures for validating the certificate subject to the applicable assurance profile (for Domain-Validated AL1, control of the named domain and authenticated account membership, not verified legal identity), requester authorization, certificate information, Subscriber Agreement acceptance, repository status, and revocation. These warranties are limited to PKI issuance and lifecycle facts.
Content disclaimer. Encypher does not warrant, and is not responsible for, the accuracy, authorship, provenance, lawfulness, licensing, originality, human or AI origin, integrity, safety, or commercial fitness of any content, C2PA manifest, assertion, metadata, or asset signed using a Certificate. Encypher warrants only the validated identity binding of the signer (for Domain-Validated AL1, control of the named domain and authenticated account membership), not the trustworthiness of signed content (Encypher CP Section 9.2).

For an Encypher-Managed AL1 Certificate, the warranties in this Section cover only the account-and-managed-service authorization described in Section 4. They do not warrant that an organization account display name is a verified legal name, that the organization is legally constituted, or that it owns the display name outside the managed-service relationship.

12. Confidentiality

Each party may receive Confidential Information from the other. The receiving party will use Confidential Information only to perform this Agreement, protect it using at least reasonable care, and not disclose it except to personnel, contractors, professional advisers, auditors, subprocessors, the C2PA, the C2PA Administering Authority, or service providers who need to know and are bound by confidentiality obligations, or as required by law, regulation, court order, audit, the CP, CPS, C2PA CP, or trust-list operations. Encypher retains the right to disclose to the C2PA, auditors, and relying-party infrastructure as required for PKI and trust-list operations.

13. Intellectual Property

You retain ownership of your content, the C2PA assertions you supply, your Generator Product implementation, and your Subscriber-generated Private Keys.
Encypher retains ownership of the CA and TSA services, APIs, software, documentation, certificate templates, repository, trust operations, know-how, inventions, patents and patent applications, trade secrets, and Encypher marks. Certificates, CRLs, OCSP responses, timestamps, audit records, and repository records may be generated, stored, used, published, and disclosed by Encypher as required for PKI, C2PA, legal, audit, security, and trust-list operations.
You grant Encypher a limited license to use your name, product names, trademarks, and submitted information solely to validate, issue, manage, publish, revoke, audit, and support Certificates and trust-list operations, and for marketing only with your prior written consent.
No license to either party's marks is granted except as expressly stated. No license is granted by implication, exhaustion, estoppel, or otherwise to any Encypher patents or patent applications (including ENC0100-related technology), except the limited right to use valid Certificates and services during the term as expressly permitted by this Agreement. Feedback you provide may be used by Encypher without restriction or obligation.

14. Disclaimer of Warranties

Except for the limited warranty in Section 11.2, each Certificate and all related services are provided "as is" and "as available," and Encypher disclaims all other warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. Nothing in this Section disclaims warranties that cannot be disclaimed under the C2PA CP or applicable law.

15. Limitation of Liability

No indirect damages. Except for Excluded Claims, and to the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill. This exclusion does not limit your indemnification obligations (Section 16) or your payment obligations.
Encypher liability cap. Except for liabilities that cannot be limited under applicable law, Encypher's total, aggregate, cumulative liability to you, your affiliates, and all Certificate Beneficiaries claiming through or based on Certificates issued to you under this Agreement, collectively as one shared liability pool and not separately per claimant, Certificate, event, or claim, arising out of or relating to this Agreement, any Certificate, the CP, the CPS, or related CA services, whether in contract, tort including negligence, strict liability, statute, or otherwise, will not exceed USD 100. The parties agree that this cap is a material part of the bargain, reflects the limited CA function of identity validation, certificate issuance, lifecycle management, repository operation, and revocation status, and allocates risk consistently with the liability cap imposed on Encypher under its C2PA Certification Authority Agreement. Encypher does not insure content, provenance assertions, Subscriber systems, Generator Product behavior, Relying Party decisions, market outcomes, or downstream use of signed content. If a court of competent jurisdiction finally holds the USD 100 cap unenforceable as applied to a particular claim, the cap must be reformed and enforced to the maximum extent permitted by law; if the court does not reform it, Encypher's aggregate liability for that claim will not exceed the greater of USD 100 and the fees paid or payable by you to Encypher for the CA services giving rise to the claim during the twelve (12) months before the event giving rise to the claim.
Your uncapped liability (Excluded Claims). Nothing in this Section 15 limits your indemnification obligations (Section 16) or your payment obligations, and, as to you only, the following matters (the "Excluded Claims") are not subject to any cap or to the exclusion of indirect damages: your breach of Sections 5, 6, 7, 9, 10, 12, 13, or 19; certificate misuse; use outside the CP, CPS, C2PA CP, or C2PA Content Credentials Specification; use after expiration, suspension, or revocation; Private Key or access-credential compromise attributable to you or your systems; content signed by or for you; claims of infringement, defamation, privacy, publicity, consumer-protection, false-advertising, regulated-content, or misrepresentation related to your content or C2PA assertions; fraud; willful misconduct; or gross negligence. Your liability for the Excluded Claims is uncapped.
Subscriber-fault losses. Encypher is not liable for any loss arising from your failure to protect a Private Key or credential, your use of a Certificate outside the authorized purposes, your use of a Certificate after expiry, suspension, or revocation, or the content you sign, except to the extent the loss directly arises from Encypher's negligence or willful misconduct (Encypher CP Section 9.2; C2PA CP Section 9.2.2). Any Encypher liability preserved by the preceding sentence remains subject to Section 15.2 except to the extent it cannot be limited under applicable law.
Optional enterprise cap (applies only if invoked by an order form). Notwithstanding Section 15.2, solely for a paid enterprise order that expressly identifies and invokes this Section 15.5, Encypher's aggregate liability to the Subscriber will not exceed the fees paid or payable under that order form during the twelve (12) months before the event giving rise to the claim. This Section 15.5 does not increase Encypher's liability to Relying Parties or any other Certificate Beneficiary, and does not apply unless an order form expressly invokes it.

16. Indemnification

You will defend, indemnify, and hold harmless Encypher and its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against all third-party claims, demands, investigations, losses, liabilities, damages, penalties, settlements, costs, and expenses (including reasonable legal fees) arising out of or relating to any Excluded Claim, including claims by the C2PA, the C2PA Governing Authority, the Administering Authority, Relying Parties, regulators, content owners, or data subjects, and including amounts Encypher is required to pay, reimburse, defend, or indemnify under its C2PA Certification Authority Agreement to the extent arising from your acts, omissions, content, systems, credentials, Private Keys, Generator Product, or breach.
Defense procedure. Encypher will give you prompt notice of the claim; you will not settle any claim in a manner that admits Encypher fault or imposes any obligation or restriction on Encypher without Encypher's prior written consent; and Encypher may assume sole control of the defense and settlement of any matter affecting trust-list status, revocation, injunctive relief, its reputation, or its obligations to the C2PA.

17. Term and Termination

This Agreement is effective on acceptance and continues for as long as you hold any valid Certificate.
Either party may terminate on written notice if the other materially breaches and fails to cure within thirty (30) days. Encypher may suspend or terminate immediately for security reasons or for use that violates Section 6.
On termination, all Certificates issued to you may be revoked, you must cease all use of Certificates and Private Keys, and you must destroy affected Private Keys per Section 7.8. The following survive termination: Section 8; Section 11.2 (for claims arising while a Certificate was valid); and Sections 11.3, 12, 13, 14, 15, 16, 19, and 20.

18. Fees and Service Levels

Certificate issuance and related fees, if any, are controlled by an applicable written order form and are non-refundable except as required by law. Service levels, support, usage limits, and service credits, if any, are stated only in the applicable order form or SLA. The CP/CPS repository and status-service obligations are PKI obligations and do not create any uptime warranty, service credit, or remedy except as expressly stated in an order form or SLA.

19. Data Protection

The parties will comply with applicable privacy and data-protection laws. If the parties separately execute a data processing agreement, that separately executed agreement controls the processing within its stated scope and is not incorporated into this Agreement by publication or reference. Where Encypher processes personal data as an independent controller for CA operations, compliance, security, fraud prevention, audit, legal, trust-list, certificate-status, or repository purposes, the Encypher Privacy Policy applies. You acknowledge that certificate contents, serial numbers, subject information, validity periods, revocation status, OCSP responses, CRLs, logs, and trust-list or audit disclosures may be retained and disclosed as required by the CP, CPS, C2PA CP, law, security, or PKI operations, and may not be deletable on ordinary data-subject request where retention is legally or operationally required.

20. Governing Law and Disputes

This Agreement, and any dispute arising out of or relating to this Agreement, the CP, the CPS, any Certificate, or the C2PA CP, is governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles (C2PA CP Section 9.14.1). The state and federal courts located in Delaware have exclusive jurisdiction, and each party waives objection to venue and personal jurisdiction in those courts. Either party may seek temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction for certificate misuse, key compromise, confidentiality breach, data-security breach, or infringement or misuse of intellectual property.

21. Notices

Official notices to Encypher must be sent to ca@encypher.com and, for legal notices, to Encypher's registered address. Notices to you will be sent to the contact information in your account. Each party must keep its contact information current (C2PA CP Section 9.11).

22. Amendments

Encypher may publish proposed updated versions of this Agreement, the CP, or the CPS in its repository and may provide notice by email, account notice, or repository notice. No updated Agreement, CP, or CPS version modifies the exact versioned agreement package accepted by a Subscriber unless, before any Certificate is issued under the updated package, an authenticated authorized individual affirmatively accepts the identified updated versions through the process in Section 1. Continued application for, receipt, acceptance, installation, or use of a Certificate does not constitute assent to an updated agreement package. If a Subscriber does not accept an updated package required for future issuance, Encypher may decline future applications, and the Subscriber may terminate the affected order. Encypher may implement operational changes required by law, a security incident, trust-list status, or the C2PA CP, but publication or implementation alone does not amend the Subscriber's agreement package.

23. General

Assignment: you may not assign this Agreement without Encypher's prior written consent; Encypher may assign to an affiliate or successor.
Severability and reformation: if any provision of this Agreement, including any exclusion, cap, or limitation in Section 15, is held invalid or unenforceable, it will be enforced to the maximum extent permitted by law and reformed to the valid, enforceable provision that most closely reflects the parties' original intent, and the remainder of this Agreement stays in effect (consistent with C2PA CP Section 9.16.3).
Entire agreement: this Agreement, together with the exact CP and CPS versions identified in the acceptance record, any separately executed data processing agreement, and any written order form, is the entire agreement between the parties regarding Certificates.