Terms of Service

DATED 2024-04-25 · VERSION 20240501_rev01 · COMPARED WITH 20240301_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20240301_rev01 to 20240501_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 - And we should mention that you use our service at your own risk; we are not liable for any damages if things go wrong.
 And that's it. Seems fair right? You do you, we'll do us and everything will be fine.
 ## Terms of Service
+Last Updated: January 17, 2024
+Last Updated: April 25, 2024
 [Download PDF](https://wetransfer-info.s3.eu-west-1.amazonaws.com/docs/legal/Terms+of+Service+ENGLISH+-+January+2024.pdf+.pdf)
 WeTransfer offers tools to move ideas, such as:
 - a service to share files ("WeTransfer File Sharing");
 Your use of and access to our services, software, website(s) (located at www.wetransfer.com (including browser extensions)), and/or applications ("Services") are governed by these Terms of service ("Terms").
 The Services may be provided to you online, in the form of a mobile, desktop application(s) and may be integrated in a third-party service.
 The Services allow you to upload, submit, store, share, receive, collect, capture, visualize and request feedback of your ideas, designs, texts, graphics, videos, data, information, files, presentation decks or other content, including permitted and authorized third party content used by you ("Content"). You retain all rights in- and responsibility and liability for all Content. WeTransfer does not claim ownership of your Content.
+The Services are provided to you as the user of the Services by WeTransfer B.V. ("WeTransfer", "We, "**us**", or "**our**"), with its main office at Willem Fenengastraat 19, 1096 BL Amsterdam, the Netherlands, registered at the Dutch Chamber of Commerce under 34380998.
+The Services are provided to you as the user of the Services by WeTransfer B.V. ("WeTransfer", "We, "**us**", or "**our**"), with its main office at Keizersgracht 281, 1016 ED Amsterdam, the Netherlands, registered at the Dutch Chamber of Commerce under 34380998.
 BY ACCESSING OR USING THE SERVICES IN ANY WAY, ACCEPTING THESE TERMS BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, BROWSING THE WEBSITE OR DOWNLOADING MOBILE AND/OR DESKTOP APPLICATION(S), YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS; (2) YOU ARE AT LEAST SIXTEEN (16) YEARS OLD; (3) YOU ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, THE NETHERLANDS, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF THE INDIVIDUAL ENTERING INTO THESE TERMS IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO "**YOU**" OR "**YOUR**" IN THESE TERMS WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
+FOR ALL OF OUR US USERS: UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN CLAUSE 17) WITHIN 30 DAYS IN ACCORDANCE WITH CLAUSE 17.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
+FOR ALL OF OUR US USERS: PLEASE BE AWARE THAT SECTION 17 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND WETRANSFER. AMONG OTHER THINGS, SECTION 17 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 17 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 17 CAREFULLY. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS IN ACCORDANCE WITH CLAUSE 17.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
 . Applicability
 . You are only allowed to use the Services when aged 16 or older.
 . Please read Terms and the [Notice and Take Down Policy](https://wetransfer.com/legal/takedown) ("NTD Policy") carefully. To the use of personal data and cookies in relation to the Services our [Privacy & Cookie Statement](https://wetransfer.com/legal/privacy) applies.
 . You will not use WeTransfer Paid Transfer and/or your Stripe account to conduct a Restricted Business (as defined in the Stripe Connected Account Agreement and Stripe Services Agreement), transact with any such restricted business, or enable any individual or entity (including you) to benefit from any such restricted business.
 . You are solely responsible for (i) determining which, if any, taxes or fees apply in your, the Recipient's or any other's jurisdiction arising out of your use of WeTransfer Paid Transfer for the purpose of sharing Content and receiving payment for it; and (ii) assessing, collecting, reporting and remitting those taxes in accordance with any applicable law. In the event that WeTransfer is required by law to provide certain tax notices or tax forms you agree that we shall be entitled to receive these notices and forms and to provide the same to you.
 . You are responsible for initiating and processing any required refunds to the Recipient via the Stripe services.
+. WeTransfer is not liable for any issues regarding payments made by Recipients, including without limitation charges relating to the processing of your payment, failed payments, chargebacks all of which will be governed by Stripe's terms and conditions.
+. WeTransfer is not liable for any issues regarding payments made by Recipients, including without limitation charges relating to the processing of your payment, failed payments, chargebacks all of which will be governed by Stripe's terms and conditions.
+. P2B Regulation clauses _The provisions listed below apply only to Uploaders who have their place of establishment or residence in the EU and who offer Content to consumers located in the EU as part of their business activities._
+. In the event of changes to these Terms, we will provide you with reasonable notice, with a minimum notice period of 15 days. During this notice period, you may terminate your account due to the proposed changes. The proposed changes to the Terms will not take effect until the notice period has expired. This 15-day notice period does not apply if WeTransfer changes the Terms on the basis of a legal or regulatory obligation, or in order to address an unforeseen and imminent danger relating to defending WeTransfer's business. In such a scenario, the amended Terms will take effect immediately after notification and publication.
+. Eligible Uploaders who have a complaint about WeTransfer Paid Transfer in relation to their business may submit it via our complaint handling system. More information about the filing of such a complaint and the system can be found [here](https://help.wetransfer.com/hc/en-us/articles/17969709747474-How-to-file-a-complaint-EU-users-only).
+. If we are not able to resolve your issue through our complaint-handling system, then the issue can be referred to a third-party mediation service. The mediation costs will be shared by both parties.
+. Without prejudice to the other provisions of the Terms (which shall continue to apply to your use of WeTransfer Paid Transfer), WeTransfer may in certain situations decide to restrict, suspend or terminate your account, and accordingly, your access to our services. This can for example, be the case if you have violated our Terms, if our invoices remain unpaid, if there is an infringement of intellectual property rights of WeTransfer or of other third parties or, if in the opinion of WeTransfer, your use of the services is harmful to WeTransfer's good name and reputation. If we impose such a restriction, suspension, or termination, we will explain our decision in a statement of reasons. If you disagree with the restriction, suspension, or termination, you may file a complaint via our complaint handling system, as set out above under complaint handling system.
+. WeTransfer may terminate your account with immediate effect in the event that (i) legal or regulatory obligations require WeTransfer to terminate its services which does not allow it to respect a notice period, (ii) WeTransfer exercises an imperative termination right under national law, or (iii) WeTransfer can demonstrate that you have repeatedly infringed our Terms which resulted in the termination of your account.
 . Payment conditions
 . If you use a paid subscription Service, the initial subscription term starts once the fees due have been paid in full.
 . WeTransfer uses Stripe, Inc. and its affiliates and PayPal, Inc. and its affiliates as its third-party service providers for payment services (e.g., card acceptance, merchant settlement, and related services) (each a **"Third-Party Service Provider"**). If you make a purchase on the Services, you will be required to provide your payment details and any additional information required to complete your order directly to one of our Third-Party Service Providers. You agree to be bound by Stripe's Privacy Policy (currently accessible at [https://stripe.com/us/privacy](https://stripe.com/us/privacy)) and its Terms and Conditions (currently accessible at [https://stripe.com/ssa](https://stripe.com/ssa) ) or Paypal's User Agreement (currently accesible at [https://www.paypal.com/us/legalhub/useragreement-full?locale.x=en\_US](https://www.paypal.com/us/legalhub/useragreement-full)) and Privacy Statament (currently accessible at [https://www.paypal.com/us/legalhub/privacy-full?locale.x=en\_US](https://www.paypal.com/us/legalhub/privacy-full) ) and hereby consent and authorize WeTransfer and the relevant Third- Party Service Provider to share any information and payment instructions you provide, to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Third-Party Service Providers and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Third-Party Service Providers use various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Third-Party Service Providers may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
 . If any (part of a) provision of these Terms is found to be illegal, unenforceable or otherwise invalid, then (i) the rest of the Terms will remain in full force and effect to the extent permissible under or consistent with the relevant laws; and (ii) that part will be deemed to be deleted and substituted by a valid one which in its economic effect comes closest to the invalid part.
 . You may not assign any of your rights or obligations under these Terms. WeTransfer is at any time entitled to assign its rights and obligations under these Terms to any of its affiliates or subsidiaries, or to any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise)without your consent or any other restriction.
 . Arbitration agreement
+. **Applicability of Arbitration Agreement. This applies to US residential users only.** Subject to the terms of this Arbitration Agreement, you and WeTransfer agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, or the Terms and prior versions of the Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a **"Dispute"**) will be resolved by binding arbitration, rather than in court, except that: (i) you and WeTransfer may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or WeTransfer may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.
+. **Applicability of Arbitration Agreement. This applies to U.S. residential users only.** Subject to the terms of this Arbitration Agreement, you and WeTransfer agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, or the Terms and prior versions of the Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a **"Dispute"**) will be resolved by binding arbitration, rather than in court, except that: (i) you and WeTransfer may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or WeTransfer may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.
+. **Informal Dispute Resolution.** There might be instances when a Dispute arises between you and WeTransfer. If that occurs, WeTransfer is committed to working with you to reach a reasonable resolution. You and WeTransfer agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and WeTransfer therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("**Informal Dispute Resolution Conference**"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("**Notice**"), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to WeTransfer that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@wetransfer.com or regular mail to our offices located at Keizersgracht 271-287, 1016 ED, Amsterdam, the Netherlands. The Notice must include: (i) your name, telephone number, mailing address, email address associated with your account (if you have one); (ii) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (iii) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this clause.
+. **Informal Dispute Resolution.** There might be instances when a Dispute arises between you and WeTransfer. If that occurs, WeTransfer is committed to working with you to reach a reasonable resolution. You and WeTransfer agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and WeTransfer therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("**Informal Dispute Resolution Conference**"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("**Notice**"), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to WeTransfer that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@wetransfer.com or regular mail to our offices located at Keizersgracht 281, 1016 ED, Amsterdam, the Netherlands. The Notice must include: (i) your name, telephone number, mailing address, email address associated with your account (if you have one); (ii) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (iii) a description of your Dispute. WeTransfer will send a Notice and a description of the Dispute to your email address or regular address on file. It is your responsibility to keep your contact information up to date. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this clause.
 . **Waiver of Jury Trial.** YOU AND WETRANSFER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and WeTransfer are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subclause entitled "Applicability of Arbitration Agreement" above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
+. **Waiver of Class and Other Non-Individualized Relief.** YOU AND WETRANSFER AGREE THAT, EXCEPT AS SPECIFIED IN SUBCLAUSE 17.9, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subclause 17.9 entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subclause, "Waiver of Class and Other Non-Individualized Relief," are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and WeTransfer agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This subclause does not prevent you or WeTransfer from participating in a class-wide settlement of claims.
+. **Waiver of Class and Other Non-Individualized Relief.** YOU AND WETRANSFER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subclause 17.9 entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subclause, "Waiver of Class and Other Non-Individualized Relief," are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and WeTransfer agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This subclause does not prevent you or WeTransfer from participating in a class-wide settlement of claims.
+. **Rules and Forum**. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within 60 days after receipt of your Notice, you and WeTransfer agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association ("**AAA**"), in accordance with the Consumer Arbitration Rules (the "**AAA Rules**") then in effect, except as modified by this clause of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "**Request**"). The Request must include: (i) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (iv) a statement certifying completion of the Informal Dispute Resolution process as described above; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and WeTransfer otherwise agree, or the Batch Arbitration process discussed in subclause 17.9 is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules.
+. **Rules and Forum**. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within 60 days after receipt of a Notice, you and WeTransfer agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association ("**AAA**"), in accordance with the Consumer Arbitration Rules (the "**AAA Rules**") then in effect, except as supplemented, where applicable, by AAA's Mass Arbitration Supplementary Rules and as modified by this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/Rules. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "**Request**"). A Request to WeTransfer should be sent either by mail to Keizersgracht 281, 1016 ED, Amsterdam, the Netherlands or by email to legal@wetransfer.com. A Request to you will be sent to your email address or regular address on file. It is your responsibility to keep your contact information up to date. The Request must include: (i) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (iv) a statement certifying completion of the Informal Dispute Resolution process as described above; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitration will be conducted in the English language by a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. If an in-person hearing is required, it will be held in the county where you live, or as determined by the arbitrator (in the case of Batch Arbitration). Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. You and WeTransfer agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. You and WeTransfer also agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party's costs from the time of the offer.
+. You and WeTransfer agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
+. **Arbitrator**. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators, provided that if the Batch Arbitration process under subclause 17.9 is triggered, the AAA will appoint the arbitrator for each batch. If the parties are unable to agree upon an arbitrator within 14 days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
+. **Arbitrator**.The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 35 days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under subclause 17.9 is triggered, the AAA will appoint the arbitrator for each batch.
+. **Authority of Arbitrator.** The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled "Waiver of Class and Other Non-Individualized Relief," including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that that such subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
+. **Authority of Arbitrator.** The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (i) all Disputes arising out of or relating to the subclause entitled "Waiver of Class and Other Non-Individualized Relief," including any claim that all or part of the subclause entitled "Waiver of Class and Other Non-Individualized Relief" is unenforceable, illegal, void or voidable, or that such subclause entitled "Waiver of Class and Other Non-Individualized Relief" has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (ii) except as expressly contemplated in the subclause entitled "Batch Arbitration," all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (iii) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (iv) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subclause entitled "Batch Arbitration." The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. **Attorneys' Fees and Costs.** The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or WeTransfer need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.
+. **Attorneys' Fees and Costs.** The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or WeTransfer need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration.
+. **Batch Arbitration.** To increase the efficiency of administration and resolution of arbitrations, you and WeTransfer agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against WeTransfer by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (i) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("**Batch Arbitration**"). All parties agree that Requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (**"Administrative Arbitrator"**). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by WeTransfer. You and WeTransfer agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
+. **Batch Arbitration.** To increase the efficiency of administration and resolution of arbitrations, you and WeTransfer agree that in the event that there are ten (10) or more individual Requests of a substantially similar nature filed against WeTransfer by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or as soon as possible thereafter), the AAA shall (i) administer the arbitration demands in batches of 100 Requests per batch (or, if between ten (10) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests) (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("**Batch Arbitration**"). All parties agree that Requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (**"Administrative Arbitrator"**). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by WeTransfer. You and WeTransfer agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
+. **30-Day Right to Opt Out.** You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Willem Fenengastraat 19, 1096 BL Amsterdam, the Netherlands, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your WeTransfer account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
+. **30-Day Right to Opt Out.** You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out via mail to: Keizersgracht 281, 1016 ED, Amsterdam, the Netherlands, or via email to legal@wetransfer.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your WeTransfer account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
 . **Invalidity, Expiration.** Except as provided in the subclause entitled "Waiver of Class or Other Non-Individualized Relief", if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with WeTransfer as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
+. **Modification.** Notwithstanding any provision in these Terms to the contrary, we agree that if WeTransfer makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within 30 days of such change become effective by writing to WeTransfer at Keizersgracht 271-287, 1016 ED, Amsterdam, the Netherlands. your continued use of the WeTransfer Services, including the acceptance of products and services offered on the WeTransfer website following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the WeTransfer website, any communications you receive, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. WeTransfer will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
+. **Modification.** Notwithstanding any provision in these Terms to the contrary, we agree that if WeTransfer makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within 30 days of such change become effective by writing to WeTransfer at Keizersgracht 281, 1016 ED, Amsterdam, the Netherlands. Your continued use of the WeTransfer Services, including the acceptance of products and services offered on the WeTransfer website following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the WeTransfer website, any communications you receive, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. WeTransfer will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
+. **Governing Courts**. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in the State of California (except for small claims court actions which may be brought in the county where you reside).
 . Governing Law
+. **FOR** **US RESIDENTS USERS ONLY:** These Terms and any actions arising out of or in connection with it will be governed by and construed and interpreted in accordance with the State laws of California, without giving effect to any conflict of law or other principles that provide for the application of the law of another jurisdiction. The United Nations Convention on contracts for the international sale of goods does not apply to these Terms.
+. **FOR** **US RESIDENTS USERS ONLY:** These Terms and any actions arising out of or in connection with it will be governed by and construed and interpreted in accordance with the State laws of California, without giving effect to any conflict of law or other principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.
+. **FOR ALL OTHER USERS**: If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by Dutch law. Any disputes regarding these Terms will be submitted to the exclusive jurisdiction of a competent court in the Netherlands (with the exception of Dutch private international law).
+. **FOR ALL OTHER USERS**: Because your contract is with WeTransfer B.V., these Terms, including their subject matter and their formation, and any disputes between us, are governed by Dutch law (with the exception of Dutch private international law). Any disputes arising from or relating in any way to these Terms will be submitted to the exclusive jurisdiction of a competent court in the Netherlands. If you are an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If WeTransfer needs to enforce its rights against you as an individual consumer, we will do so only in your country of residence. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.
+. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
+. If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Dutch law and you agree to the exclusive jurisdiction of any competent court of the Netherlands.
 . Contact
 . You can contact WeTransfer at [legal@wetransfer.com](mailto:legal@wetransfer.com) or by using our Help Center. If you have any questions, just send us an email in English or Dutch. In accordance with California Civil Code §1789.3, you may also report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.