What these terms cover

These terms apply to this website and the browser transfer service. They are offered by the developer of File Sender (the “Developer”, “we”, “us”). By using this website or the service you accept them; if you do not accept them, please do not use it.

The File Sender application for Windows is licensed under the File Sender End User License Agreement (the “License Agreement”), which the setup program shows in full and asks you to accept, and which the application shows again under Help > License Agreement. The License Agreement alone governs the application. If anything on this website differs from it, the License Agreement prevails.

Licensing

Personal use is free. Use by or for an organization requires a paid license, which begins with a free 14-day trial. For the Windows application, a license covers a stated number of computers and may not be resold, published or shared outside the organization that bought it; the License Agreement sets out the full terms.

The browser transfer service

A file sent from this website is encrypted in your browser before it is uploaded. A one-time link works until the file has been downloaded once, or for 72 hours if it is never collected; a persistent transfer stays available until you remove it. Anyone who has a link can download the file, so send it only to the person it is meant for. You are responsible for what you send and for having the right to send it.

We do not guarantee that a transfer will complete. Keep your own copy of anything important: do not rely on this service as the only copy of a file.

Acceptable use

You may not use this website or the transfer service to distribute unlawful material, to infringe the rights of others, or to attempt to disrupt, overload or gain unauthorized access to the service or to the computers of other people. We may withdraw access, and remove files, where the service is being used in those ways.

No warranty

This website, its content and the browser transfer service are provided as they stand and without warranty of any kind, to the extent the law allows. We do not guarantee that they will be available, uninterrupted or free of error, or that the content is complete or current. Descriptions of the application on this website explain what it is designed to do; they are not promises of any result. The disclaimers in Section 9 of the License Agreement apply to this website and the browser transfer service as they apply to the application.

Limitation of liability

To the extent the law allows, the exclusions and the limit on liability in Section 10 of the License Agreement apply to this website and the browser transfer service as they apply to the application. In particular, we are not liable for indirect or consequential loss, for loss of data or for loss of profit, and our total liability for all claims together is limited to the greater of the amount you paid us for the application in the twelve months before the claim arose and US$10. Nothing here limits liability that cannot lawfully be limited.

Disputes and governing law

Disputes about this website and the browser transfer service are resolved in the same way as disputes under the License Agreement. Where Section 17 of the License Agreement applies to you (in general, if you live in the United States), that means binding individual arbitration administered by the American Arbitration Association, not a court case and not a class, collective or representative proceeding, except that either side may bring an individual claim in small-claims court. You may opt out of arbitration within 30 days, as Section 17 of the License Agreement describes, by e-mailing software@clue.im with the subject “Arbitration Opt-Out - File Sender”. If you have not accepted the License Agreement, the 30 days run from your first use of this website or the service. An opt-out already sent under the License Agreement covers this website and the browser transfer service too.

These terms are governed by the same law as the License Agreement.

Privacy

How information is handled is described in the privacy notice.

Changes

We may revise these terms. The date at the top shows when they last changed. A revision applies only to use of this website or the service after it is published here, never to anything that happened before. A revision of these terms does not change the License Agreement you accepted; that agreement changes only as it describes, with a new version of the application that you accept. A change to the dispute terms does not apply to a dispute already notified, and you may reject it as Section 17.12 of the License Agreement describes.

How to reach us

Questions, notices, opt-outs and requests: software@clue.im.