Terms of Service

20260811_rev01 · COMPARED WITH 20250616_rev01

Full text changes — 20250616_rev01 to 20260811_rev01

1- [Terms of Service](https://wetransfer.com/explore/legal/terms)
2- [Privacy & Cookie Statement](https://wetransfer.com/explore/legal/privacy)
3- [Your Privacy Choices](https://wetransfer.com/explore/legal/manage-cookies)
4- [Notice and Takedown Policy](https://wetransfer.com/explore/legal/takedown)
5- [Responsible Disclosure](https://wetransfer.com/explore/legal/disclosure)
6- [Content Moderation Policy](https://wetransfer.com/explore/legal/content-moderation-policy)
7- [Advertising Terms & Conditions](https://wetransfer.com/explore/legal/advertising)
8- [Information for Law Enforcement Authorities](https://wetransfer.com/explore/legal/law-enforcement)
1We have deep roots in the creative community and respect for the people who bring creativity to life-your voices, your stories, your work.
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10## Simple speak introduction for Terms of Service
3Legal terms can be long to navigate, so we've explained the most important bits in our [Principles of Content Protection](https://wetransfer.com/explore/legal/principles-of-content-protection).
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12You're busy. We get it. So we've summed up our Terms of Service in a few simple sentences. They don't replace the official legal stuff, but they will give you an idea of what's in there. Any questions or concerns - please contact us.
5With WeTransfer...
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14Here are the headlines (imagine them with a clock bonging in the background if you like):
7- **You own your content. Always.**
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16- ##### You have to be 16 years or older to use our tools.
9- **Your content isn't used to train AI.**
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18- ##### Your content is yours - you own it, and you are responsible for it. We'll only do what's needed for our services to work properly...
11- **Your content isn't sold to anyone.**
1912
20- ##### ...unless you are doing something illegal, in which case we can block and/or delete your stuff, and suspend your accounts.
13- **Your content is secure.**
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22- ##### We may make changes to our terms, service and/or fees from time to time. If you have an account and don't like something we change, you can always cancel at any time.
15If your usual residence is in the United States of America, [these Terms of Service]() apply.
2316
24- ##### And we should mention that you use our service at your own risk; we are not liable for any damages if things go wrong.
17[Download pdf](https://wetransfer.com/documents/WeTransfer%20-%20Terms%20of%20Service%20/(US/).pdf)
2518
26And that's it. Seems fair right? You do you, we'll do us and everything will be fine.
19If your usual residence is outside the United States of America, [these Terms of Service]() apply.
2720
28## Terms of Service
21[Download pdf](https://wetransfer.com/documents/WeTransfer%20-%20Terms%20of%20Service%20/(non-US/).pdf)
2922
30Last Updated: April 25, 2024
23## Terms of Service - United States of America
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32[Download PDF](https://wetransfer-info.s3.eu-west-1.amazonaws.com/docs/legal/WeTransfer+Terms+of+Service+-+April+25%2C+2024+-+formatted.pdf)
25Last update: August 3, 2026.
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34WeTransfer offers tools to move ideas, such as:
27If your usual residence is in the United States of America
3528
36- ##### a service to share files ("WeTransfer File Sharing");
29## 1\. Introduction
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38- ##### a free (online) magazine ("WePresent"); and
311.1. **Agreement. Please read carefully:** These Terms of Service (these "**Terms**") constitute a legally binding agreement between you ("**you**" or "**your**") and Wetransfer B.V. ("**WeTransfer**", "**we**, "**us**", or "**our**"). These Terms govern your access and use of our websites where these Terms are posted (the "**Sites**"), our mobile applications (the "**Apps**"), and our related content, products, and services (collectively, and together with the Sites and the Apps, the "**Service**"). **THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS ALSO CONTAIN PROVISIONS REGARDING THE AUTOMATIC RENEWING OF YOUR SUBSCRIPTION. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THEM CAREFULLY.**
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40- ##### additional features and functionalities, amongst others to present and discuss your files ("Portals and Reviews").
331.2. **Important Notice.** **THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER, WHICH MEANS YOU AND WETRANSFER AGREE TO RESOLVE MOST DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL (SEE SECTION 16 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION)). YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS; INSTRUCTIONS FOR OPTING OUT ARE IN SECTION 16 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION) BELOW.**
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42Your 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").
351.3. **Binding Agreement.** By downloading, installing or using the Service in any manner, you agree to these Terms and you agree to comply with and be bound by any applicable guidelines, policies and additional terms-which form part of these Terms-as made available to you on one or more of the Sites, as well as by any specific, supplemental or third-party licenses, terms, or policies when using the Service. **IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS IN THESE TERMS, DO NOT ACCESS AND IMMEDIATELY STOP USING THE SERVICE, CANCEL ANY ACCOUNT, AND IMMEDIATELY UNINSTALL AND DELETE ANY COPIES OF ANY APPS OR SOFTWARE INCLUDED IN THE SERVICE IN YOUR POSSESSION.**
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44The 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.
371.4. **Language.** These Terms were originally drafted in English. If there is any conflict between the English-language version of these Terms and a version translated into another language, the English-language version will prevail.
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46The 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.
391.5. **Privacy.** Our [Privacy & Cookie Policy](https://wetransfer.com/explore/legal/privacy) provides information about the processing of personal data in connection with the Service, including how data is collected, for which purposes it is processed, and for how long it is retained. To the extent that we process personal data on your behalf as a data processor under applicable privacy laws, the [Data Processing Agreement](https://wetransfer.com/documents/WeTransfer_Data_Processing_Agreement.pdf) applies and is incorporated by reference into these Terms.
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48The 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.
411.6. **Contact Information.** You can contact us via our [Help Center](https://help.wetransfer.com/hc/en-us). If we have to contact or notify you, we will do so by using the contact or account information you provided to us or via notification within the Service or other reasonable method.
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50BY 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.
43## 2\. Changes to the Terms and the Service
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52FOR 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.
452.1. **Changes to the Terms.** We may update these Terms from time to time, in our sole discretion (for example, when we remove or release new features, technologies, or services, to comply with legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances). In such cases, we will take reasonable measures to inform you, in accordance with the significance of the changes performed, for example, by revising the date at the top of the updated Terms, via email or as a pop-up or push notification within the Service. It is your responsibility to review the Terms regularly, and to check the Service for updates to these Terms regularly. Unless otherwise noted, the updated Terms will be effective as of the time at which we post the updated Terms in the Service. By continuing to access or use our Service after updates become effective, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must immediately stop using our Service, uninstall and delete any copies of any Apps or software included in the Service in your possession, and cancel your subscription and any account.
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541. Applicability
472.2. **Changes to the Service.** We have no obligation to provide updates, upgrades, or future versions of the Service. We may update, change, suspend or discontinue the Service (or any part, content or feature) or Subscription Plan (as defined below) at any time, without notice and without liability to you or anyone else (for example, to offer or test new or different features, technologies, or services, to repair, improve or further develop the Service, to comply with legal, regulatory or contractual requirements, or in response to exceptional or unforeseen circumstances). Such changes, updates, suspensions, discontinuations may also result in adjustment to the applicable Subscription Fee (as defined below), including price increases, which will be effective upon the renewal of your Subscription Plan. Some services and features may not be available in all countries, in all languages, or in all operating systems.
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56 1. You are only allowed to use the Services when aged 16 or older.
49## 3\. Eligibility
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58 2. 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.
513.1. **Age.** THE SERVICE IS NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 16. If you are an individual over the age of 16 but under the legal age of majority in your state of residence, your parent or guardian must review and agree to be bound by these Terms on your behalf and must supervise your use of the Service. YOU MAY NOT ACCESS OR USE THE SERVICE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US OR YOUR PARENT OR LEGAL GUARDIAN HAS NOT AGREED TO THESE TERMS AND YOUR USE OF OR ACCESS TO THE SERVICE, OR (C) ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THE SERVICE.
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60 3. If the Services include, are used in connection with, or are integrated in the services of third parties, the terms and conditions, notice and take down policies and/or privacy and cookie policies of those third parties may apply in addition to these Terms. If you are using the Services on behalf of your employer or another organization, you are agreeing to the terms of that organization and you represent and warrant that you have the authority to do so. WeTransfer is not responsible for any third party services, terms and/or policies.
533.2. **Legal Entities**. If you are using the Service, opening an account, or accepting these Terms on behalf of a legal entity: (a) you agree to these Terms on behalf of yourself and such legal entity, (b) you represent and warrant that you are authorized to agree to these Terms on such entity's behalf and to bind such entity to these Terms, and (c) all references to "you" throughout these Terms other than this sentence will mean such legal entity.
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62 4. If you want to file a complaint or notice about unlawful Content being stored or shared via the Services or the WeTransfer API, please read our [NTD Policy](https://wetransfer.com/legal/takedown).
553.3. **Economic Sanctions and Export Controls**. You agree to comply with all applicable trade, economic sanctions, and export control laws, including those of the United States, the European Union, the United Kingdom, and any other relevant jurisdictions ("**Export Laws**"), in connection with your access to and use of the Service. You may not access, use, export, re-export, transfer, or otherwise make available the Service, directly or indirectly: (a) into any country or territory subject to comprehensive trade sanctions or embargoes under applicable Export Laws, or (b) to any individual, entity, or organization listed on any applicable restricted party list maintained by relevant authorities. You state that: (i) you are not located in, organized under the laws of, or ordinarily resident in any country or territory that is the subject of comprehensive sanctions or embargoes under applicable Export Laws; (ii) you are not an individual or entity that appears on any applicable sanctions or restricted parties lists maintained by competent government authorities; and (iii) you will not use the Service for any purposes prohibited by Export Laws and in any manner that would cause any party to be in violation of applicable Export Laws. We reserve the right to suspend or terminate your Subscription Plan or your access to the Service in accordance with section 14, if we determine that such an action is required to comply with applicable Export Laws.
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64 5. If you become aware of a vulnerability in any of the Services, please read our [Responsible Disclosure Policy](https://wetransfer.com/legal/disclosure).
57## 4\. Your Account
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66 6. WeTransfer can amend the Terms from time to time. The amended Terms will become effective upon them being posted on WeTransfer's website(s) mobile and/or desktop application(s), or at such later date as may be stated on the amended Terms. Therefore, we recommend that you review the Terms from time to time and take note of any changes. By continuing your use of the Services you accept the amended Terms. In case of material changes to the Terms, you will be informed prior to the change: (i) at the moment you use the Services, or (ii) by a message to the contact details you provided to us, or (iii) by a posting of the notice of the change on WeTransfer's website(s) and/or on WeTransfer's mobile and/or desktop application(s).In the event you do not accept any change in our Terms you may cancel your subscription. Where a user has paid for a subscription package in advance you shall receive a pro-rated refund for the remainder of your subscription package from the date at which the rejected amended Terms come into effect.
594.1. **Account Information.** Although these Terms apply regardless of whether you create or use an account, the use of certain features of the Service may require you to have an account. In such cases, these Terms also govern your account. You must provide only true, current and accurate information when you create your account or provide us with the required information and meet the eligibility requirements under these Terms and [Pricing](https://wetransfer.com/pricing). You agree to update your registration information to keep it accurate and current. We may ask you to confirm your registration information (such as your email address) to continue using the Service. If you choose not to do so, your access to the Service may be restricted or terminated. When you choose a username or otherwise create a nickname, you agree not to use any name that is unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist, or any name that infringes or violates another person's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You agree not to impersonate any person or misrepresent your identity or affiliation with any person. You further agree not to purchase, sell, rent, or give away your account, or share your registration information. To the maximum extent permitted under applicable law, you are responsible for anything that happens through your account and all uses of your registration information, including, but not limited to, purchases, whether or not authorized by you.
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68 7. These Terms supersede any and all prior oral and written quotations, terms, communications, agreements and understandings between you and WeTransfer.
614.2. **Account Security.** In the event you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure, of your registration information, you must immediately notify us and modify your registration information. You are responsible for maintaining the security of your account and the confidentiality of your registration information. If required, you must use a strong password for your account that is unique to the Service and not used by you in any other service.
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70 8. The following parts of these Terms apply to specific Services only:
634.3. **Multi-Seat Account.** If your Subscription Plan permits it, you may enable more than one individual user to access and use the Service ("**Authorized Users**") under your account ("**Multi-Seat Account**") during the Subscription Period (as defined below), subject to the number of seats and other conditions as specified in [Pricing](https://wetransfer.com/pricing) or in the order form through which you purchased your Subscription Plan ("**Order Form**"). Each seat on a Multi-Seat Account may only be used by one Authorized User. Subject to the terms of the applicable Subscription Plan, a Multi-Seat Account may allow you to, or require that you, enable one or more administrators ("**Account Administrators**") to manage, access, and use the account and any associated Content (as defined below), and to enable or remove Authorized Users. We may provide you with instructions on how to enable access to the Multi-Seat Account by the Authorized Users, which may include, without limitation, the provision of a private link to access our account creation portal for the Service. If you purchase a Subscription Plan for a Multi-Seat Account as a legal entity in connection with your business, you may assign seats to your employees or those of your affiliates, who will be considered your Authorized Users. In this case, seats on your Multi-Seat Account may only be used for activities related to your business or that of your affiliates. If an employee leaves your or your affiliate's organization, you must notify us with the account details associated with the relevant seat, and we will then disable that seat. Once disabled, it may be reassigned to a new employee, provided that the new Authorized User completes the onboarding process and a new account is created. Any subscriptions acquired by Authorized Users outside the onboarding method we provide will not be considered part of your Multi-Seat Account and may incur separate billing. You agree that we are not responsible for the use of your Multi-Seat Account or the Service by your Authorized Users, and you are responsible for ensuring that they comply with the Terms. You are also solely responsible for implementing any measures you deem reasonably necessary to safeguard your proprietary or confidential information. We may monitor and enforce Subscription Plan limitations and restrictions, including, but not limited to, the right to charge for overages.
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72 - ##### Clause 2: WeTransfer File Sharing;
654.4. **Inactive Account.** We will consider your account as inactive if you have not accessed your account for 12 months and you do not have an active paid Subscription Plan. You are responsible for keeping your account active. We may delete or close your account if it becomes inactive.
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74 - ##### Clause 3: WePresent;
674.5. **Device.** If you use or access the Service with any mobile phone, tablet, laptop, desktop computer or other device not owned by you, you must have the device owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.
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76 - ##### Clause 4: Collect;
69## 5\. Service License
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78 - ##### Clause 5 Paper;
715.1. **Service License.** Subject to your compliance with these Terms and your payment of any applicable Subscription Fee, we hereby grant you, for the purposes specified in the terms of your Subscription Plan, a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to use the Service and to download and install a copy of the applicable App provided to you by us or on our behalf on a permitted device that you own or control. Except as expressly permitted by these Terms and the terms applicable to the mobile application store where we make the applicable App available (each, an "**App Marketplace**"), you cannot: (a) rent, lease, lend, sell, distribute, sublicense, or otherwise transfer or make available the Service; or (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, alter, mimic, adapt, translate, or create derivative works of the Service, any updates, content or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Service).
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80 - ##### Clause 6: WeTransfer Paid Transfer;
735.2. **Service Level.** This section applies to you only if you purchase a Subscription Plan. We will make reasonable efforts to provide the Service during the Subscription Period. In any event, we do not guarantee the availability of the Service. You agree that the Service may be disrupted, unavailable, or inoperable, including due to (a) unforeseeable circumstances, or foreseeable circumstances that despite our reasonable measures to prevent are not within our ability to fully prevent (including, but not limited to, widespread internet disruptions, interruption of services by our service providers that was not caused by us, and malicious third-party acts), (b) emergency security measures, or (c) planned downtime (in this case, we will use reasonable efforts to inform you, for example, with a notice within the Service). We are not responsible for any disruption or loss that you may suffer as a result of any unavailability of the Service in accordance with this section.
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82 - ##### Clause 7 and 8: all paid subscription Services;
755.3. **Trials and Betas.** We may offer optional access to features on a free, trial, beta, or early access basis ("**Trials and Betas**") and we may perform other product validations techniques. Use of Trials and Betas is permitted only for your internal evaluation during the period set out in the Trials and Betas offer, as applicable. You acknowledge that Trials and Betas may be inoperable, incomplete or include features that are not released outside of Trials and Betas. We offer no warranty, indemnity, or support for Trials and Betas and any product validation techniques we may perform. We may, at our sole discretion, terminate your use of Trials and Betas or discontinue any Trial and Betas at any time for any reason.
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84 - ##### Clause 9: WeTransfer Teams;
77## 6\. Content
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86 - ##### Clause 10: paid and non-paid subscription Services. All other clauses apply to all Services.
796.1. **Content.** The Service provides features that may allow you to upload, store, receive, create, modify, share, or publish textual, visual, audio or other content or files (collectively, the "**Content**").
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882. WeTransfer File Sharing
816.2. **Ownership of Content.** We do not claim any ownership rights to the Content. You or your licensors own and retain all right, title, and interest, including all intellectual property rights, in and to the Content.
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90 1. WeTransfer File Sharing allows you to share your Content with others.
836.3. **License to WeTransfer.** In order to allow us to operate, provide you with, and improve the Service and our technologies, we must obtain from you certain rights related to Content that is covered by intellectual property rights. You hereby grant us a royalty-free license to use your Content for the purposes of operating, developing, and improving the Service, all in accordance with our [Privacy & Cookie Policy](https://wetransfer.com/explore/legal/privacy).
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92 2. To share your Content you need to upload it and provide us with (a limited number of) email addresses of recipient(s) ("email transfer") or choose to distribute a download link yourself ("link transfer"). If you use link transfer you will not be informed of any downloads by others. WeTransfer reserves the right to limit downloads and/or attempted downloads by users for all File Sharing activity. You warrant that you will not use email transfers to send spam or otherwise unsolicited, unlawful or unwanted Content to the recipients whose email addresses you provide to us.
856.4. **License to Others.** You hereby grant other users a license to access, view, and use your Content, as enabled by one or more features of the Service.
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94 3. WeTransfer File Sharing provides the possibility to upload and share Content up to a maximum total capacity. Uploaded Content is stored on WeTransfer's servers for a limited period of time after which the ability to download expires. Depending on the transfer type and your subscription, limitations apply, which you can find [here.](https://wetransfer.com/pricing)
876.5. **Your Responsibilities.** You are solely responsible for your Content, including, but not limited to, for how others interact with or use your Content, for determining how and with whom it is shared or published, and for regularly backing it up. You state that all your Content complies with these Terms and any applicable law, and that you have all the rights and authorizations necessary to grant the licenses in these Terms and to upload, store, receive, create, modify, share, publish or sell the Content on or through the Service. Some features may allow you to restrict access to your Content with a password, and you are responsible for the confidentiality and your sharing of such passwords and password-protected Content. Your Content will be available to you to export or download depending on your Subscription Plan and only during the period specified under the terms of the applicable feature or your Subscription Plan, after which we have no obligation to maintain, and we may delete your Content from the Service. We may also delete your Content if your account is inactive in accordance with section 4.4. This section does not affect section 12.
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96 4. After the expiry period WeTransfer will permanently delete the uploaded files. These files will not be available nor retrievable anymore.
896.6. **Infringement of Third-Party Rights**. We respond to notices of alleged infringement of third-party rights that comply with and satisfy the requirements set out by applicable law, and we may, where appropriate, remove or disable access to allegedly infringing Content. For instructions on how to submit a notice of infringement or file a counter-notice, please consult the notice and take down policy on our Sites.
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98 5. The basic functionality of WeTransfer File Sharing is (currently) free from registration and charge.
91## 7\. Prohibited Uses
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100 6. WeTransfer treats Content as confidential and does not control the use of download links, regardless of whether they are originally distributed by us or by you. Recipients can forward the links and allow others to use them. You are solely responsible for the Content you upload and share.
937.1. **Prohibited Uses.** You agree that you will not, and will not permit any person accessing the Service using your account or device to do any of the following:
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102 7. There are a number of paid subscription packages which - compared to the free version - offer you a set of additional services and different subscription terms. You can find more information here.
95a. Use the Service in any manner not permitted by these Terms;
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104 8. WeTransfer Premium offers you (amongst others) unlimited WeTransfer File Sharing storage. You will have 5 Terabyte of capacity at your disposal. Should you require more, then you can file a request at [support@wetransfer.com](mailto:support@wetransfer.com).
97b. Use the Service for any purposes prohibited by the terms of your Subscription Plan or applicable laws, or in any manner that violates or infringes upon the rights of others;
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106 9. WeTransfer reserves the right to permanently delete Content from your account (including from Portals and Reviews) when you stop interacting with WeTransfer for a period of at least 12 consecutive months, when you delete your Content from your account, when you cancel your WeTransfer subscription or when you delete your account. Full payment of applicable fees is considered to be active use of your account. For more information on WeTransfer's data retention policy, please read our [Privacy Policy.](https://wetransfer.com/legal/privacy)
99c. Import, submit, upload, publish, post, communicate, or transmit to others in any way whatsoever, any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist content; content containing explicit nudity, pornography, or sexually explicit material; graphic content depicting acts of cruelty, violence, assault, or harm towards humans or animals, including imagery of abuse, slaughter, or death; content promoting or facilitating illegal activities, such as drug use, terrorism, or human trafficking; content promoting or facilitating the sale or distribution of illegal or prohibited goods or services, including drugs, weapons, or similar items; content supporting terrorist organizations; content encouraging or promoting self-harm, suicide, or other harmful behaviors; misinformation; content that infringes or violates another person's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity); or content which otherwise violates our content guidelines or policies;
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108 10. WeTransfer Teams ("Teams") allows you to add team members to your paid WeTransfer account. Team members can be easily added and removed per subscription period.
101d. Copy (except as expressly permitted by these Terms) or modify the Service;
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110 11. The start date of the Teams' paid subscription period is when you have signed up as team owner ("Team Owner") of the Teams account.
103e. Frame, mirror, display or incorporate the Service or any portion into any other program, site, service or product;
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112 12. For Teams, additional payment and cancellation terms apply. These are listed in Clause 9.
105f. Use the Service in a manner that interferes with, degrades, or disrupts the integrity or performance of any of our networks, technologies, products or services;
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1143. WePresent
107g. Use any data mining or similar automated or manual data extraction, gathering or scraping methods in connection with the Service;
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116 1. WePresent is an (online) magazine that presents creative stories and showcases art, photography, music and more from around the world. Any content included on WePresent is owned by or licensed to WeTransfer and can only be used with express prior written permission from WeTransfer.
109h. Circumvent, bypass, defeat, modify, tamper, or disable any content protection system, digital rights management, security feature or functionality in the Service;
117110
118 2. WeTransfer offers WePresent as a free service. Although care and attention are devoted to the content of our (online) magazine, WeTransfer cannot warrant that it is always complete and accurate. WeTransfer disclaims any liability in relation to the use of such content.
111i. Use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations or spam;
119112
1204. Collect
113j. Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless or frivolous submissions; or
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122 1. Collect allows you to store, organize, share and receive Content from multiple sources using the Collect Services.
115k. Allow or encourage others to do any of the foregoing.
123116
124 2. The basic functionality of Collect is (currently) free from registration and charge. The Content you use, share or receive in the Collect application will be stored on your device and/or on our servers. We are not responsible for any Content stored on your device. Your Content may be lost if you remove your Content from the Collect application, if you remove the Collect application from your device, or if you lose your device.
1177.2. **Content and Account Review.** We may use human and automated means to detect or receive reports of suspected violations of these Terms, our content guidelines or policies, and applicable law. We may investigate any suspected violations. During such investigation, we may temporarily block access to your Content, review or screen the Content, or suspend your access to all or part of the Service. Following our investigation, we may take one or more of the following actions at our discretion: (a) remove or permanently disable access to some or all of your Content, (b) suspend or terminate your account (if any) and your access to any portion or all of the Service in accordance with section 14, and (c) disclose your Content, your registration information, or both to governmental or public authorities, law enforcement agencies, or third parties, where legally required or reasonably deemed necessary to comply with our legal obligations, protect our interests, or safeguard third parties. More information is available in our notice and takedown policy and content moderation policy published on our Sites.
125118
126 3. For additional functionality (such as the "Save to Collect" browser extension) you have to create an account and provide us with your email address and/or other details. You can find more information [here](https://collect.wetransfer.com/).
119## 8\. Subscription Plan and Automatic Renewals; Fees and Payments
127120
128 4. WeTransfer also offers Collect Pro, which is a paid subscription service that offers a set of enhanced services. This subscription can be purchased as a stand alone mobile application.
1218.1. **Subscription Plan.** One or more features of the Service may require a subscription plan ("**Subscription Plan**") which may automatically renew. The license period for the applicable Subscription Plan ("**Subscription Period**") may vary, for example, with weekly, monthly or annual terms as specified at checkout when you purchase your Subscription Plan or in your Order Form. Each Subscription Plan and any feature may have one or more eligibility requirements and authorized uses as set out in [Pricing](https://wetransfer.com/pricing), in these Terms, or in the Service. **Upon expiration of the Subscription Period, your Subscription Plan will automatically renew for recurring Subscription Periods of the same duration,** unless the Subscription Plan is canceled or not renewed in accordance with these Terms. **If you purchase a Subscription Plan other than through an Order Form, (a) you authorize us to charge the applicable Subscription Fee to your designated payment method for your initial Subscription Period and automatically upon each renewal with no further action required by you**, and (b) you must keep your payment method up to date in your account settings or by contacting us via our [Help Center](https://help.wetransfer.com/hc/en-us).
129122
130 5. WeTransfer reserves the right to permanently delete Content when you stop interacting with Collect, when you delete your Content from the Collect Services, when you delete the Collect Services from your device(s), when you cancel your Collect or WeTransfer subscription or when you delete your account. Full payment of applicable fees is considered to be active use of Collect. For more information on WeTransfer's data retention policy, please contact our [Help Center](https://we.tl/help).
1238.2. **Non-Renewal. If you purchase your Subscription Plan through one of the Sites, you can manage and cancel your subscription and any automatic renewals at any time from your account settings. If you purchase your Subscription Plan through an App, you can cancel your subscription and automatic renewals at any time in your account settings with the App Marketplace according to the policies of each App Marketplace. Uninstalling an App will not result in the cancellation of your subscription. If you purchase your Subscription Plan through an Order Form, you can cancel your subscription and any automatic renewals by providing written notice of termination to the contacts specified in your Order Form, at least one month before the end of the then-current Subscription Period.** We may elect to not renew a Subscription Plan by providing notice to you before the end of the then-current Subscription Period. If you have begun a Subscription Period and you then decide to cancel your subscription during such period, you will not receive a refund for the fees you already paid for such Subscription Period, and you will continue to be able to use the Service for which you subscribed until the end of such Subscription Period. The expiration of the Subscription Plan due to any non-renewal will be effective as of the end of the then-current Subscription Period. Unused add-ons, features, seats, or any other items of your Subscription Plan will not be reimbursed and do not rollover to any subsequent Subscription Period or renewal term, if applicable. You can downgrade your Subscription Plan or reduce your add-ons, features, or seats in your account, but such downgrades will not become effective until the end of your current Subscription Period, and you will not receive a refund or credit for such downgrade or reductions. Downgrading your Subscription Plan may cause loss of features, seats, data, or functionality of the Service available to you, and we will not be responsible for any such loss.
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1325. Paper
1258.3. **Fees.** You agree to pay all fees, including the then-current subscription fee applicable to your Subscription Plan ("**Subscription Fee**"), and any applicable taxes for the use of the Service in the manner, currency, and on the dates specified at checkout when you purchase your Subscription Plan or in your Order Form with us, if applicable, and upon the renewal of your Subscription Plan. If you have a Multi-Seat Account, you agree that you will be charged for each seat that is enabled in your account at the price per seat shown at checkout when you purchase your Subscription Plan or in your Order Form. If additional seats are added to your Multi-Seat Account after your Subscription Period has started, you will be charged a pro-rated amount based on the remaining days of the then-current Subscription Period and, on the following Subscription Period, such additional seats will be charged in full. If seats are removed from your Multi-Seat Account after your Subscription Period has started, you will not receive any refunds for the then-current Subscription Period, but no charges will apply for the removed seats in the following Subscription Period. You further agree that we may charge a fee for each Digital Purchase (as defined below), subject to any additional rules or terms governing Paid Transfers (as defined below).
133126
134 1. Paper allows you to capture your ideas with tools to sketch, type, paint, draw, etc. using the Paper Services. Any content included in the "journals" (including but not limited to digital workbooks, planners, drawings, tutorials, videos) is owned by or licensed to WeTransfer and can only be used with express prior written permission from WeTransfer.
1278.4. **Fees and Payment Terms Changes.** **We may update or change our fees (including, but not limited to, any Subscription Fee) and payment terms at any time at our sole discretion. Changes to fees will not apply retroactively and changes to Subscription Fee will become effective upon the renewal of your Subscription Plan.** We may offer and discontinue free trials, promotional subscription fees, or other offers at any time at our sole discretion, including on the basis of automated decision-making. Upon expiration of such offers, you will be charged the applicable Subscription Fee (if any).
135128
136 2. The Content you create with Paper will be stored on your device and not on our servers. Your Content may be lost if you remove your Content from the Paper Services, if you remove the Paper Services from your device or if you lose your device. If you choose to export any Content and share it with others, it may be stored elsewhere.
1298.5. **Taxes.** All fees are exclusive of taxes, unless otherwise specified by us. We will charge any applicable taxes in connection with the Service or any fees under these Terms as required by law. You may not withhold any taxes or charges or set off any amounts due to us. We reserve the right to withhold the payment of any amounts owed to you under these Terms and dispose of them as required by law, in each case as determined by us, or to seek later payment from you of any amounts on taxes uncollected and unremitted.
137130
138 3. The basic functionality of Paper ("Paper Basic") is (currently) free from registration and charge.
1318.6. **Late or Non-Payment**. **If we do not receive your payment of the applicable Subscription Fee or other fees, we may, at our discretion, take one or more of the following actions: (a) revoke any credit terms or other payment accommodation which might have been previously afforded to you, (b) accelerate your entire account balance, (c) suspend or terminate your access to your account and to any portion or all of the Service in accordance with section 14, or (d) downgrade your Subscription Plan and charge you the Subscription Fee applicable to the downgraded Subscription Plan (if any),** without any responsibility for any loss of features, data, or functionality of the Service caused by such downgrading. If your payment of outstanding Subscription Fee or other fees fails as a result of insufficient funds in or other issues with your designated payment method, we may seek to recover the outstanding amount by, at our discretion, continuing to attempt to charge the outstanding amount to the same designated payment method, or dividing the outstanding amount into one or more smaller amounts and charging such smaller amounts to the same designated payment method, in which case we will use reasonable efforts to notify you.
139132
140 4. We also offer "Paper Pro", a paid subscription service that - compared to Paper Basic - offers you a set of premium services. You can find more information [here](https://paper.bywetransfer.com/).
1338.7. **No Refunds.** Except as otherwise expressly stated in these Terms, all fees and taxes are non-refundable.
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142 5. When your Paper (Pro) subscription is linked to your Apple ID, you are also allowed to store your Paper Content in the iCloud or to synchronize the Paper Content on your device(s) through your iCloud account. The terms and limitations of Apple (including retention policies) may apply in addition to these Terms.
1358.8. **Credit Card Payment Fee**. Payments with credit cards may be subject to an additional processing fee as specified in [Pricing](https://wetransfer.com/pricing) or at checkout.
143136
1446. WeTransfer Paid Transfer
137## 9\. Our Intellectual Property Rights
145138
146 1. WeTransfer offers a service that enables certain WeTransfer users ("Uploaders") to distribute their Content to others ("Recipients") and collect payment from them via our integrated third party payment service provider ("WeTransfer Paid Transfer").
1399.1. **Ownership.** We or our licensors retain and exclusively own all rights, title and interest in and to the Service and its content, including all intellectual proprietary rights, whether registered or not, which include, but are not limited to, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to the Service. We reserve all rights not expressly granted to you under these Terms.
147140
148 2. WeTransfer Paid Transfer allows Uploaders to distribute their Content to others and collect payment for it.
1419.2. **Feedback.** If you provide feedback, comments or suggestions for improvements related to the Service ("**Feedback**"), you state that you (a) have the right to disclose the Feedback, (b) the Feedback does not violate third-party rights, and (c) the Feedback does not contain the confidential or proprietary information of any third party. You (i) acknowledge that we may have something similar to the Feedback already under consideration or in development, and (ii) assign to us your entire right, title, and interest (including any intellectual property rights) in and to Feedback. To the extent that any right, title, or interest cannot be assigned under applicable law, you hereby grant us an irrevocable, exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any compensation, and waive any right, title or interest and consent to any action by us, our service providers, successors, and assigns that would violate such right, title, or interest in the absence of such consent. You agree to execute any documents necessary to effect the assignment, waivers, or consents described in this section.
149142
150 3. WeTransfer does not offer a marketplace for the sale of Content and is not responsible for the distribution of a link transfer whether via WeTransfer's own services or otherwise. WeTransfer Paid Transfer solely provides a service that enables Uploaders to share Content that has been uploaded to the service and collect payment for it. Uploaders are responsible for concluding the contract of sale with Recipients and, without limiting the foregoing, are responsible for complying with any applicable laws related to the sale of their Content and for resolving any disputes (if any) with a Recipient directly.
143## 10\. Promotional Activities
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152 4. To use WeTransfer Paid Transfer, an Uploader must upload their Content to the service and choose to distribute a link transfer. The Uploader must set an expiration date for the link transfer, add a price and share the link transfer with others. Recipients must then click on the link transfer and pay the applicable price for the Content via our third party payment provider, after which the Recipient will be able to download the Content from our service. Uploaders will be informed of any completed purchases by others. Recipients are responsible for downloading Content prior to the expiry date set by the Uploader and for ensuring safe storage of that Content. WeTransfer does not retain any copies of Content after the expiry date of the Content set by the Uploader.
145Sweepstakes, contests, raffles, surveys, games, or similar promotions that you enter on the Service or in connection with the Service (each, a "**Promotion**") may be subject to official rules or conditions that are supplemental to these Terms, and which may provide eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in a Promotion, please refer to the applicable official rules or conditions. If a Promotion's official rules or conditions conflict with these Terms, the provisions contained in the official rules or conditions govern and control the relevant Promotion.
153146
154 5. Content ownership, permissions and responsibility
147## 11\. Third-Party Materials and Services; Advertising
155148
156 1. As an Uploader, you are solely responsible for the Content you upload, share and sell. You retain all rights in- and responsibility and liability for all Content you upload and distribute via WeTransfer Paid Transfer. WeTransfer does not claim ownership of the Content you upload and share via WeTransfer Paid Transfer. You are solely responsible for sharing the link transfer with potential Recipients.
14911.1. **Third-Party Materials and Services.** The Service may display, include or make available content and information from third parties, including Content (collectively, "**Third-Party Materials**"). The Service may also enable access to Digital Purchases, third-party services, software, and websites (collectively, "**Third-Party Services**") or provide links to certain Third-Party Services or Third-Party Materials. You understand that by using the Service, you may encounter content, including Third-Party Services and Third-Party Materials, that may be deemed inaccurate, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search may automatically and unintentionally generate links or references to objectionable material. By using the Service, you further acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, merchantability, fitness for a particular purpose or any other aspect of such Third-Party Services or Third-Party Materials. We do not warrant or endorse and do not assume and will not have any responsibility for any Third-Party Services or Third-Party Materials. Such Third-Party Services and Third-Party Materials are provided solely as a convenience to you. You agree to use the Service and any Third-Party Services or Third-Party Materials at your sole risk. In addition, Third-Party Services and Third-Party Materials that may be accessed from, displayed on or linked from your device may not be available in all languages, in all countries, or in all operating systems. We make no representations that such Third-Party Services and Third-Party Materials are appropriate or available in any particular location. We do not endorse any Third-Party Services or Third-Party Materials, regardless of any advertising of such services or materials on the Service. To the extent you choose to access or use such Third-Party Services or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws. We, and our providers and licensors, reserve the right to change, suspend, remove, limit, or disable access to any Third-Party Services or Third-Party Materials at any time without notice. We will not be liable for the limitation, removal of, or disabling of access to any such services or materials. You acknowledge and agree to comply with applicable third-party terms, conditions, and policies related to the use of the Service, Third-Party Services and Third-Party Materials. This section does not affect section 12.
157150
158 2. Any Content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you hereby grant us a limited, worldwide, royalty-free, sublicensable and transferable licence to use, store and copy that Content and to distribute and make it available for promotional purposes (of WeTransfer Paid Transfer) by WeTransfer.
15111.2. **Advertisement.** The Service may contain advertisements. In consideration for your access and use of the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service.
159152
160 3. Without prejudice to the other provisions of the Terms (which shall continue to apply to your use of WeTransfer Paid Transfer), as an Uploader you agree that:
153## 12\. Disclaimer of Warranties and Limitation of Liability
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162 1. You cannot sell Content or use WeTransfer Paid Transfer in a manner that violates clause 10 (Content ownership, permissions and responsibility) or 11 (Restrictions) of our Terms, or any other applicable laws.
15512.1. **Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE (EXPRESSLY INCLUDING ALL CONTENT AND FEATURES MADE AVAILABLE VIA THE SERVICE), IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF COURSE OF DEALING, OF TRADE USAGE OR PRACTICE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE USE OF AND ACCESS TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.**
163156
164 2. By using WeTransfer Paid Transfer, you warrant that you have, for any Content you create, use, share, and collect payment for using WeTransfer Paid Transfer, all required permissions (including from copyright and other intellectual property rights owners) to distribute, sub-license, transfer, store, sell and/or make the Content available to all Recipients as part of WeTransfer Paid Transfer.
15712.2. **Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE (AND OUR AFFILIATES, PARENT COMPANIES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSORS, CONTRACTORS, PERMITTED SUCCESSORS AND PERMITTED ASSIGNS) WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, MORAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR ANY CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), OR WHETHER SUCH DAMAGE WAS FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR (AND OUR AFFILIATES, PARENT COMPANIES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSORS, CONTRACTORS, PERMITTED SUCCESSORS AND PERMITTED ASSIGNS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO US IN THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED U.S. DOLLARS (USD 100). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN TYPES OF DAMAGES IN WHICH CASE SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. THE ABOVE LIMITATIONS OR EXCLUSIONS DO NOT AFFECT YOUR STATUTORY CONSUMER RIGHTS IN YOUR APPLICABLE JURISDICTION.**
165158
166 3. You hereby agree that you will not upload, share or collect payment for any Content that is false or misleading or use WeTransfer Paid Transfer in a manner that is fraudulent or deceptive. WeTransfer is not liable to you or any third party for any damages arising out of or in relation to the Content shared and sold by you within WeTransfer Paid Transfer, including but not limited to, copyright protected works and/or trademarks.
159## 13\. Indemnification
167160
168 4. As a Recipient you agree that:
161You will defend, indemnify and hold us, our affiliates, our and our affiliates' directors, officers, agents, employees, partners, licensors, contractors, permitted successors and permitted assigns (each of the foregoing, an "**Indemnitee**") harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, but not limited to, professional fees and reasonable attorneys' fees incurred by one or more Indemnitees, to the extent directly or indirectly arising out of or resulting from one or more of the following: (a) your or your Authorized Users access to or use of the Service; (b) your or your Authorized Users' Feedback; (c) any breach of these Terms by you, your Authorized Users, or any person accessing the Service using your account or device; (d) your or your Authorized Users' violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your or your Authorized Users' violation of any applicable law or regulation; (f) any and all claims for property damage, personal injury or bodily injury or death, to the extent caused by your or your Authorized Users' breach of these Terms; or (g) your or your Authorized Users' conduct in connection with the Service. You will promptly notify us of any third-party claims subject to indemnification. You agree that we will have the right to control the defense, negotiation, and settlement of any claim subject to indemnification by you and that you will fully cooperate with us in the defense, negotiation, or settlement of any such claim, and that we will have the right to select counsel handling such defense, negotiation or settlement in our sole discretion. This section does not affect any other indemnities set out in a separate written agreement between you and us or the other Indemnitees.
169162
170 1. You will purchase the Content directly from the Uploader. If there is any dispute between you and the Uploader, please contact the Uploader directly. The Uploader is responsible for resolving any dispute between you and them.
163## 14\. Suspension; Termination
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172 2. WeTransfer is not liable to you or any third party for any damages arising out of or in relation to the Content purchased by you within WeTransfer Paid Transfer.
16514.1. **Suspension.** We may suspend without prior notice your access or your account (if any) and any portion or all of the Service for any reason, including if, in our sole judgment, we determine: (a) there is a threat or attack on any of our services or systems, or any data stored thereon; (b) your use of the Service disrupts or poses a security risk to us or any of our customers or vendors; (c) you are using the Service for purposes of engaging in, or your account is being used to engage in, fraudulent or illegal activities; (d) our provision of the Service to you is prohibited by applicable law; (e) you fail to comply with one or more provisions of these Terms, or we suspect that you are in violation of, or reasonably likely to be in violation of, one or more provisions of these Terms; or (f) any of our licensors or vendors restricts, suspends, or terminates our access to one or more Third-Party Service or Third-Party Materials that are required for the provision of or access to the Service. We will not be liable to you or any third party for any such suspension. This section does not affect your payment obligations under section 8.3.
173166
174 6. Payments
16714.2. **Termination by You.** These Terms are effective until you perform each of the following: (a) stop using the Service, (b) uninstall and delete any copies of any Apps or software included in the Service in your possession, (c) cancel all active Subscription Plans in accordance with these Terms, and (d) cancel your account, if you have one. Your termination of these Terms or cancellation of your account does not relieve you from your payment of any outstanding Subscription Fee or other fees.
175168
176 1. WeTransfer has integrated Stripe Connect to process the payments on WeTransfer Paid Transfers. As an Uploader, to use WeTransfer Paid Transfer, you must create a Stripe account and agree to [Stripe's Terms and Conditions](https://stripe.com/nl-us/legal/ssa). You warrant that all information that you provide to Stripe in connection with the creation and operation of your account with Stripe will be complete and accurate and that you will not use the Stripe account in any way or for any purpose in breach of Stripe's Terms and Conditions, these Terms or any applicable laws. Payments will be processed, collected by Stripe and paid to you by Stripe in accordance with Stripe's Terms and Conditions. Stripe may charge a transaction fee for each transfer sold with WeTransfer Paid Transfer. You agree that you are responsible for this fee.
16914.3. **Termination by Us.** We may terminate these Terms or your right to access or use the Service at any time (a) for any reason by providing you with prior notice, and (b) without notice where we reasonably consider that you have failed to comply with these Terms or applicable law, or we are unable to continue to provide the Service, including due to technical or business reasons.
177170
178 2. As an Uploader, you warrant and agree that:
17114.4. **Effect of Termination** **and** **Survival.** Upon expiration, termination, or cancellation of these Terms for any reason, (a) you must stop using the Service and uninstall and delete all copies of any Apps or software included with the Service in your possession, and (b) all rights granted to you under these Terms, including all licenses, will immediately terminate. The provisions of these Terms that are by their nature intended to survive termination or expiration of these Terms will so survive.
179172
180 1. You will not use WeTransfer Paid Transfer and/or your Stripe account in any way or for any purpose in breach of Stripe's Connected Account Agreement or for any activity that law or Stripe's terms and conditions prohibits. If WeTransfer becomes aware that or reasonably believes that you are engaging any activity that is fraudulent, deceptive or harmful, or in breach of Stripe's Connected Account Agreement or Stripe's Services Agreement, we reserve the right to suspend or terminate your account without notice. You agree that you will cooperate with us to reduce the risk of fraud or other misuse of Stripe's services, including for us to receive all relevant information which will be provided to Stripe.
173## 15\. Governing Law and Jurisdiction
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182 2. 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.
17515.1. **Governing Law.** These Terms, and any dispute, claim (including non-contractual disputes or claims), or matters arising out of or in connection with these Terms will be governed by, and construed in accordance with, the laws of the State of New York, U.S., excluding any conflict-of-laws rule or principle that might refer the governance or the construction of these Terms to the law of any other jurisdiction.
183176
184 3. 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.
17715.2. **Jurisdiction.** If a dispute, claim or matter arising out of or in connection with these Terms is not subject to arbitration pursuant to section 16, you agree that any claim or dispute you may have against us must be resolved exclusively by a state or federal court located in New York, New York, U.S., and you agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York, U.S. (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes.
185178
186 4. You are responsible for initiating and processing any required refunds to the Recipient via the Stripe services.
179## 16\. Dispute Resolution; Binding Individual Arbitration
187180
188 5. 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.
181**PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND WETRANSFER TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND WETRANSFER CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND WETRANSFER FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND WETRANSFER AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. WETRANSFER AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.**
189182
190 7. 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._
183**THE PARTIES ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS.**
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192 1. 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.
185**FOLLOW THE INSTRUCTIONS BELOW IN SECTION 16(K) IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.**
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194 2. 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).
187**a) Claims Subject to this section.** The dispute resolution and binding arbitration terms in this section 16 apply to all Claims between you and WeTransfer. A "Claim" is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and WeTransfer, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory for which either party wishes to seek legal recourse and that arises from or relates to these Terms or the Service, including any related to privacy or data-security or to the formation, validity, enforceability, revocability, performance, breach, or scope of these Terms or arbitration agreement or any portion of it or arising out of or relating to interpretation or application of these Terms or arbitration agreement. "Claim" also includes disputes that arose or involve facts occurring before the existence of this or prior versions of the Terms as well as claims that may arise after the termination of these Terms.
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196 3. 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.
189**b) Informal Dispute Resolution Prior to Arbitration**. If you have a Claim against WeTransfer or if WeTransfer has a Claim against you, you and WeTransfer must first attempt to resolve the Claim informally in order to try to resolve the Claim faster and reduce costs for both parties. You and WeTransfer will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, ("**Informal Resolution Period**") from the day either party receives a written notice of a dispute from the other party (a "**Claimant Notice**") in accordance with these Terms.
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198 4. 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.
191You will send any Claimant Notice to WeTransfer by certified mail addressed to Nieuwezijds Voorburgwal 162, 1012 SJ Amsterdam, the Netherlands or by email to legal@wetransfer.com. WeTransfer will send any Claimant Notice to you by certified mail or email using the contact information you have provided to WeTransfer or via reasonably available means of notice if you have not provided certified mail or email contact information to WeTransfer. The Claimant Notice sent by either party must (i) include the sender's name, address, email address, telephone number, and any relevant purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
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200 5. 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.
193The Informal Resolution Period is intended to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or WeTransfer cannot initiate arbitration before the end of the Informal Resolution Period. If you or WeTransfer file a Claim in court or initiate arbitration without first providing a compliant Claimant Notice and waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court or arbitrator to enjoin the filing or arbitration and seek damages from the party that has not followed the informal dispute-resolution process to reimburse it for any costs and fees-including arbitration, attorney, and expert fees-incurred as a foreseeable consequence of that breach.
201194
2027. Payment conditions
195The statute of limitations and any filing-fee deadlines for a Claim shall be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.
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204 1. If you use a paid subscription Service, the initial subscription term starts once the fees due have been paid in full.
197**c) Claims Subject to Binding Arbitration; Exceptions**. Except for individual disputes that qualify for small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual-property rights of you or WeTransfer, including any disputes in which you or WeTransfer seek injunctive or other equitable relief for the alleged unlawful use or infringement of your or WeTransfer's intellectual property ("**IP Claims**"), all Claims, including Claims that are not related to intellectual property but are jointly filed with IP Claims, that are not resolved in accordance with section 16(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury.
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206 2. 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.
199**d) Binding Individual Arbitration**. Subject to the terms of this section, Claims may only be adjudicated by binding individual arbitration conducted by National Arbitration and Mediation ("**NAM**"), [https://namadr.com](https://namadr.com/), according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., ("**FAA**") and NAM's Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Claim arose ("**Rules**"), as modified by these Terms.
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208 3. You shall pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee is due and payable. By providing WeTransfer with your payment information, you agree that WeTransfer is authorized to immediately invoice your account for all fees due and payable to WeTransfer hereunder and that no additional notice or consent is required. You shall immediately notify WeTransfer of any change in your payment information to maintain its completeness and accuracy. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us.
201These Terms affect interstate commerce, and the enforceability of this section 16 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy or relief that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or WeTransfer to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
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210 4. Your subscription will continue and automatically renew at the price detailed at your time of check-out for such subscription until terminated in accordance with these Terms. The frequency at which your subscription renews (i.e., monthly, annually, etc.) will be designated at the time at which you sign up for the subscription. By subscribing, you authorize WeTransfer to charge the payment method designated in your account now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if WeTransfer does not receive payment, (i) you shall pay all amounts due on your account upon demand and/or (ii) you agree that WeTransfer may either terminate, cancel or suspend your subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). Termination, cancellation or suspension of the Services for non-payment can result in a loss of access to and use of your account and your Content.
203**e) Arbitration Procedure and Location.** You or WeTransfer may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with NAM.
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212 5. We may introduce or change the fees for the Services from time to time, for which we will give you advance notice. If you do not agree with the price change, you may cancel your subscription in accordance with clauses 8.3 and 8.4 and stop using the Services by the end of the then-current Service term. If you continue to use the Services after the price change goes into effect, you agree to pay the changed price. Fee introductions will require your prior consent and registration.
205Instructions for filing a demand for arbitration with NAM are available on the NAM website or by emailing NAM at commercial@namadr.com. You will send a copy of any demand for arbitration to WeTransfer by certified mail addressed to Nieuwezijds Voorburgwal 162, 1012 SJ Amsterdam, the Netherlands or by email to legal@wetransfer.com. WeTransfer will send any demand for arbitration to you by certified mail or email using the contact information you have provided to WeTransfer or via reasonably available means of notice if you have not provided certified mail or email contact information to WeTransfer.
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214 6. You can change your payment method in your account settings of the respective Service or by contacting our [Help Center.](https://help.wetransfer.com/hc/en-us)
207The arbitration will be conducted by a single arbitrator in the English language. You and WeTransfer both agree that the arbitrator will be bound by these Terms.
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216 7. If you subscribe and pay us through the Apple App Store or Google Play Store, the terms of Apple or Google may also apply.
209For Claims in which the claimant seeks USD 10,000 or less, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks more than USD 10,000, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York, unless you are a consumer and the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant's state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
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2188. Term and cancellation of a subscription
211The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and WeTransfer agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator's essential factual and legal findings and conclusions.
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220 1. The initial subscription term varies depending on your choice and/or the Service it applies to.
213An arbitration award and any judgment confirming it apply only to that specific case; they cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
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222 2. Apart from your cancellation rights under local mandatory consumer law, you have the right to cancel your subscription during the first 14 days, unless you start using the Service during this period whereby you waive your right to cancel.
215**f) Arbitration Fees**. Except for circumstances outlined in section 16(g), each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.
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224 3. The subscription period will be renewed automatically for the selected subscription period, unless you have cancelled your subscription on time (before the last day of your subscription). If you do not wish your account to renew automatically, or if you want to change or cancel your subscription, you must contact WeTransfer at support@wetransfer.com, or log in and go to the "Cancel Subscription" section in your "Account / Workspace" area.
217**g) Frivolous or Improper Claims**. To the extent permitted by applicable law, a claimant must pay all costs and fees incurred by the defending party-including arbitration, attorney, and expert fees-related to a Claim if an arbitrator determines that (i) the Claim was frivolous or (ii) the Claim was filed for any improper purpose, such as to harass the responding party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
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226 4. Upon cancellation you will continue to have access to the Services until the end of your then current paid subscription period. For instance: if the commencement date of your annual subscription is 2 February and you cancel your subscription on 17 December, you will continue to have access until the end of day on the following 1 February and your subscription will not automatically renew. Where a cancellation occurs as a result of your breach to our terms and conditions, you shall lose access to the Services immediately. For the avoidance of doubt, a Collect subscription is linked to your WeTransfer subscription. A cancellation of this subscription will result in a loss of access to Collect. The initial subscription term varies depending on your choice and/or the Service it applies to. Cancellation pursuant to clause 8.3 does not give you any right to reimbursement of (part of) the subscription fee, unless local mandatory consumer law obliges us to do so.
219**h) One Year to Assert Claims. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU OR WETRANSFER AGAINST THE OTHER MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM ARISES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU OR WETRANSFER WILL NO LONGER HAVE THE RIGHT TO ASSERT THAT CLAIM.**
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228 5. In case your subscription is automatically renewed for a period of more than three (3) months, you will have the right to cancel the subscription at any time after such renewal with a cancellation term of one (1) month. In case of cancellation based on this clause you may request reimbursement of part of the subscription fee. This means that you pay for the period until the cancellation enters into force, based on the standard monthly fee for the respective Service.
221**i) Confidentiality**. If you or WeTransfer submits a Claim to arbitration, you and WeTransfer agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and WeTransfer agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
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230 6. If you subscribe through the Apple App Store or Google Play store, the terms of Apple App Store or Google Play store may apply to the terms and cancellation of your subscription instead of or in addition to the terms in this clause.
223**j) Coordinated Filings**. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered "Coordinated Claims" and will be treated as mass filings, mass arbitrations or multiple case filings according to the Rules, if and to the extent Coordinated Claims are filed in arbitration as set forth in these Terms. You or WeTransfer may advise the other of your or its belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of "Coordinated Claims" will be decided by the arbitration provider as an administrative matter. The following procedures are intended to supplement the Rules, and to the extent the procedures conflict with those Rules, to supersede them.
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2329. WeTransfer Teams - Payment, term and cancellation
225**COORDINATED CLAIMS MAY ONLY BE FILED IN ARBITRATION AS PERMITTED BY THE BELLWETHER PROCESS SET FORTH BELOW. APPLICABLE STATUTES OF LIMITATIONS WILL BE TOLLED FOR CLAIMS ASSERTED AS COORDINATED CLAIMS FROM THE TIME A COMPLIANT CLAIMANT NOTICE HAS BEEN RECEIVED BY A PARTY UNTIL THESE TERMS PERMIT SUCH COORDINATED CLAIMS TO BE FILED IN ARBITRATION OR COURT.**
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234 1. A Teams account is registered on behalf of its Team Owner. The Team Owner will be billed for all team members that are subscribed to the Teams account.
227Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided.
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236 2. The Team Owner and individual team members can add team members to the Teams account, after which such new team members have immediate access to the account. If team members are added during a current subscription period, the Team Owner is charged pro rata for the days that remain during that subscription period. After that, the Team Owner will be fully charged for the new team member in the next paid subscription period.
229After that point, counsel for the parties shall select 20 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its claims and arguments. Each side shall select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process. Any remaining Coordinated Claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this section 16(j).
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238 3. The Team Owner and individual team members can remove team members from the Teams account, after which such team members will immediately lose access to the account. If team members are removed during a current subscription period, the Team Owner will be charged for this team member until the end of that paid subscription period. The Team Owner will not be charged for the removed team member in the next paid subscription period.
231A single arbitrator shall preside over each Coordinated Claim chosen for a bellwether proceeding, and only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
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240 4. Any unused days in a paid subscription period due to the removal of a team member, may be used for a newly added team member during that same paid subscription period.
233Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator's fee paid for by WeTransfer. Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
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242 5. If a Teams account is cancelled, the Team Owner and team members continue to have access to the Teams account until the end of the paid subscription period. After the paid subscription period, the Team Owner and the team members will automatically get access to an individual, free WeTransfer account.
235Remaining Claims: If the mediation does not yield a global resolution of all remaining Coordinated Claims, the arbitration requirement in this section 16 shall no longer apply to Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Coordinated Claims released from the arbitration requirement must be resolved in accordance with section 15.2.
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24410. Content ownership, permissions and responsibility
237To the extent you are asserting the same Claim as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.
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246 1. WeTransfer does not claim any ownership of the Content you create, use, store or share through the Services and you are solely responsible for it. Also, you are solely responsible for sharing it with the correct recipients. Any liability for damages relating to the Content lies with the individual that creates, uses, stores and/or shares it within the Services. You acknowledge that download and/or access links can be forwarded and that recipients having access to such links, can access the Content it's connected with.
239If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.
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248 2. Some of the Services allow you to protect Content or transfers with a password. The user is solely responsible for the confidentiality and/or the distribution of passwords.
241A court shall have authority to enforce the bellwether and mediation processes defined in this section 16(j) and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
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250 3. By using the Services you warrant that you have, for any Content you create, use, store or share using the Services, all required permissions (including from copyright and other intellectual property rights owners) to distribute, sub- license, transfer, store and/or make the Content online available as part of the Services.
243**k) Opting Out of Arbitration**. You have the right to opt out of binding arbitration within 30 days of the date you first accept these Terms by providing us with notice of your decision to opt out via email at legal@wetransfer.com or by certified mail addressed to Nieuwezijds Voorburgwal 162, 1012 SJ Amsterdam, the Netherlands. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with section 15.2. If you opt out of this updated arbitration clause and were previously subject to an arbitration clause in effect prior to this updated arbitration clause, then that prior arbitration clause will remain as part of the agreement between us. If you are a new user and did not previously consent to the prior arbitration clause and you choose to opt-out of this updated agreement, then we will also not be bound by this updated arbitration clause. Changes to this section 16 do not provide you with a new opportunity to opt out of the binding arbitration if you have previously agreed to a version of these Terms and did not validly opt out of binding arbitration.
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252 4. WeTransfer is not liable to you or any third party for any damages arising out of or in relation to the Content created, used, stored or shared by you within the Services, including but not limited to, copyright protected works and/or trademarks.
245**l) Rejection of Future Arbitration Changes**. You may reject any change we make to section 16 (except address changes) by sending us notice of your rejection within 30 days of the change via email at legal@wetransfer.com or by certified mail addressed to Nieuwezijds Voorburgwal 162, 1012 SJ Amsterdam, the Netherlands. Changes to section 16 may only be rejected as a whole, and you may not reject only certain changes to section 16. If you reject changes made to section 16, the most recent version of section 16 that you have not rejected will continue to apply.
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254 5. WeTransfer requires a license from you with regards to the Content to enable us to provide the Services to you. You hereby grant: (1) us an unlimited, worldwide, royalty-free, sublicensable, and transferable license to (i) use, host, store, scan, search, sort, index, create previews and (ii) reproduce, communicate, publish, publicly display, distribute and edit and prepare derivative works from (including but not limited to scaling, cropping, adapting and translating) the Content in connection with our operating, enabling, providing, making available, commercializing and improving the Services and (2) other users the right to access and use your Content in accordance with their use of the Service. The foregoing license may be sublicensed by us to our service providers, partners, contractors and other persons and entities providing services for us. Notwithstanding any term of this provision, this license will survive any termination of these Terms and any deletion of your account or your Content with respect to Content archived in storage media (but otherwise rendered inaccessible to the public).
247**m) Severability**. If any portion of this section 16 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section 16 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this section 16; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section 16 is found to prohibit an individual claim seeking public injunctive relief (that is, injunctive relief whose primary purpose and effect is to prohibit and enjoin conduct harmful to the general public), that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section 16 will be enforceable. To the extent that you prevail on a Claim and seek public injunctive relief, the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.
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256 6. WeTransfer does not provide any public search function, catalogue or listing to find Content.
249## 17\. General
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258 7. WeTransfer may show you ads from advertisers and artists selected by WeTransfer (such as full-page wallpaper ads) when you use the Services.
25117.1. **Assignment.** You will not assign, subcontract, delegate, or otherwise transfer these Terms, or your rights and obligations hereunder, without obtaining the prior written consent of one of our authorized representatives, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be void. We may assign these Terms or delegate our obligations hereunder, in whole or in part, without your consent, to any person or entity at any time. These Terms will be binding upon the parties and their respective successors and permitted assigns.
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260 8. More information on the use of your personal data and cookies (including for performance marketing) is available in our [Privacy & Cookie Statement](https://wetransfer.com/legal/privacy).
25317.2. **Severability.** If any provision or part of these Terms is found to be unlawful, void or for any reason unenforceable, that provision, or the affected part thereof, will be deemed amended so that it is valid and enforceable to the maximum extent permitted by law. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms as possible. Any unaffected provision of these Terms will remain in full force and effect.
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262 9. With respect to any mobile application(s) that we offer subject to these Terms and accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple Media Terms of Service([https://www.apple.com/legal/internet-services/itunes/](https://www.apple.com/legal/internet-services/itunes/)), except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple's Family Sharing function, volume purchasing, or Legacy Contacts function ([https://www.apple.com/legal/internet-services/itunes/](https://www.apple.com/legal/internet-services/itunes/)). Notwithstanding the first sentence in this clause, with respect to any mobile application accessed through or downloaded from the Google Play store (a **"Google Play Sourced Application"**), you may have additional license rights with respect to use of any mobile application(s) offered by WeTransfer on a shared basis within your designated family group.
25517.3. **No Waiver.** Any failure by us to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights will only be effective if it is in writing and signed by one of our authorized representatives. The rights and remedies under these Terms are cumulative and are in addition to and not in substitution of any other rights and remedies available at law, in equity or otherwise.
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264 10. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
25717.4. **No Third-Party Beneficiaries.** Except as expressly provided in sections 9 (**Our Intellectual Property Rights**), 11 (**Third-Party Materials and Services; Advertising**), 13 (**Indemnification**), 17 (**General**), and 19 (**Additional Terms for App Marketplaces**), there are no third-party beneficiaries to these Terms other than each of our affiliates.
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266 1. you acknowledge and agree that (a) these Terms are concluded between you and WeTransfer only, and not Apple, and (b) WeTransfer, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with its applicable Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
25917.5. **Publicity.** If you have purchased a Subscription Plan through an Order Form, you hereby grant us a non-exclusive, worldwide, royalty-free license to use your name and logos solely to identify you as a WeTransfer customer on our Sites and in marketing and communications materials. We will use reasonable efforts to cease use and remove your name and logos from our Sites and our marketing and communication materials following the termination of your Subscription Plan, except where such removal is not reasonably possible.
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268 2. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between WeTransfer and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WeTransfer.
261## 18\. Paid Transfers
269262
270 3. You and WeTransfer acknowledge that, as between WeTransfer and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (a) product liability claims; (b) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
263The Service may include functionality ("**Paid Transfers**") that enables our users to request and collect payments ("**Sellers**") to allow other users to access or download Content ("**Buyers**").
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272 4. You and WeTransfer acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between WeTransfer and Apple, WeTransfer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
265### 18.1. Additional Terms for Sellers
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274 5. You and WeTransfer acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these WeTransfer Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
267If you are a Seller, the following terms apply to you in addition to the Terms.
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276 6. Without limiting any other terms of these Terms, you must comply with all applicable third party terms of the agreement when using the App Store Sourced Application.
26918.1.1. **Limited Use.** You may use Paid Transfers only for the purpose of facilitating the payment transaction between you and Buyers who purchase a Paid Transfer ("**Digital Purchase**") of your Content in accordance with these Terms. You may not use Paid Transfers to offer anything other than Content.
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27811. Restrictions
27118.1.2. **Digital Purchase.** You are responsible for offering and setting the price and any additional terms and conditions for Digital Purchases for your Content. You are also solely responsible for complying with any applicable laws related to Digital Purchases and for resolving any disputes with Buyers. You acknowledge and agree that each Digital Purchase is a transaction solely between you and the Buyer, and that we are not a party to it.
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280 1. WeTransfer respects your rights and expects that you respect those of others, including WeTransfer, its artists, advertisers and third parties. This includes respecting the right to privacy, corporate intelligence, business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the Services to commit, promote, enable or facilitate any unlawful or criminal acts or breach of these Terms or facilitate or promote others to do so.
27318.1.3. **Processing Payments.** We have no responsibility for any Digital Purchases, and we have no liability to you or the Buyer for any payment or billing error, failure, or fraud for Digital Purchases. We may employ one or more third-party payment processing service providers for Paid Transfers ("**Third-Party Payment Processing Service**"), and we may monitor and review payment transactions through Paid Transfers. You may be required to create and maintain an account with the Third-Party Payment Processing Service associated with your account within the Service to use Paid Transfers. You must agree and comply with the terms and conditions of the Third-Party Payment Processing Service. A transaction fee may apply to each Digital Purchase processed through the Third-Party Payment Processing Service. You agree that you are solely responsible for paying this fee. We do not collect or have access to credit card information used to make Digital Purchases.
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282 2. As a condition to make use of the Services you agree not to create, use, store or share any Content that: • features CSAI (child sexual abuse imagery); • is obscene, defamatory, libelous, slanderous, profane, indecent, discriminating, threatening, abusive, harmful, lewd, vulgar, or unlawful; • promotes racism, violence or hatred; • is factually inaccurate, false, misleading, misrepresenting or deceptive; • you don't hold the rights to; • infringes, violates or misappropriates intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights; • infringes on or violates any applicable law or regulation; and/or • constitutes 'hate speech', whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation, language or another characteristic of such individual or group.
27518.1.4. **Taxes and Refunds.** You are responsible for calculating, collecting, reporting, and remitting applicable taxes for the Digital Purchases you offer. You are also solely responsible for handling refunds and addressing any requests related to Digital Purchases that you offer. If we receive refund requests or other inquiries from Buyers regarding your Digital Purchase offerings, we may forward these requests to you and inform Buyers that all questions or complaints must be directed to the Seller. You must resolve such matters in compliance with applicable law and any agreements you have with Buyers, your bank, card or payment networks, or other parties you engage for transaction payment processing. You further agree to cooperate and provide any information reasonably requested by us to address chargebacks or respond to communications received from such parties or governmental authorities regarding transaction payments in connection with your Digital Purchase offerings.
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284 3. In addition, you agree not to: • abuse, harass, stalk, intimidate, threaten, commit violence, or otherwise act unlawful, or encourage anyone else to do so; •use the Services with the purpose of or involving activities with, in, or involving countries, regions, governments, persons, or entities that are the target of U.S. or EU sanctions, unless such activities are expressly authorized, whether by general or specific license or a license exception, by the applicable governmental authority; • impersonate or falsely pretend affiliation with any person or entity;access any non-public areas of the Services; • access any non-public areas of the Services; • interfere with any access or use restrictions; • use any data mining or data gathering or extraction methods, or otherwise collect information about the users of the Services; • send viruses, worms, malware, ransomware, junk email, spam, chain letters, phishing emails, unsolicited messages, promotions or advertisements of any kind and for any purpose; • interfere with, damage or disrupt the Services or act in a way that may do so; • attempt to probe, scan, compromise or test the vulnerability of the Services or any related service, system or network or breach any security or authentication, unless you do so in accordance with our Responsible Disclosure Policy; • use automated means to access or use the Services without our permission; • reverse engineer or decompile any (part) of the Services; • resell, sublicence, rent, lease, offer or otherwise commercialize the Services without our permission; and/or • allow others to use your account.
277### 18.2. Additional Terms for Buyers
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286 4. By using the Services, you represent and certify that you are not the target of any economic sanctions administered by the U.S. Government, the Dutch Government, the European Union, or other governmental authority (collectively, "Governmental Authority"), including designation on a list of prohibited or restricted parties maintained by such governmental authorities. You also represent and certify that you are not located or maintain a residence in a country or territory that is subject to an embargo by a Government Authority, including Cuba, Iran, North Korea, Syria and the Crimea. You are solely responsible for compliance with all applicable laws and you will not use the Services for any purposes prohibited by U.S., Dutch, European Union, or other applicable laws.
279If you are a Buyer, the following terms apply to you in addition to the Terms.
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288 5. WeTransfer may use human and automated means to detect or receive reports of suspected violations of these terms, the Content Moderation Policy, and applicable law and regulations.
28118.2.1. **Digital Purchases**. By making a Digital Purchase, you agree to comply with these Terms, as well as any additional terms set by the Seller from whom you are purchasing Content. When you make a Digital Purchase, whether as a single purchase or as part of a subscription, you enter into a direct transaction with the Seller. We are not the merchant of record and we do not process or manage payments on behalf of the Seller. You are responsible for reviewing and agreeing to any additional specific terms and conditions related to the Digital Purchase set by the Seller before completing the transaction.
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29012. Violations
28318.2.2. **Pricing and Delivery**. The price of Digital Purchases is determined by the Seller. Once a Digital Purchase is completed, you will be granted access to the purchased Content in accordance with the terms set by the Seller.
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292 1. In the event of any suspected violation of these terms, the Content Moderation Policy or applicable laws or regulations, WeTransfer reserves the right to investigate. While WeTransfer investigates, it may temporarily block Content, review the Content or suspend (your) access to the Services or certain features of the Services. Subsequently, based on the results, WeTransfer may decide to temporarily or permanently terminate your account or your access to (certain) features of the Services. In any such event, WeTransfer may also (be obligated to) provide your Content or information to third parties. More information is available in our [Notice and Takedown Policy](https://wetransfer.com/legal/takedown) and Content Moderation Policy.
28518.2.3. **Refunds and Support**. All refunds, disputes, or complaints regarding Digital Purchases must be directed to the Seller from whom you purchased the Content. We do not process refunds, handle chargebacks, or mediate disputes related to Digital Purchases. If you have concerns about your Digital Purchase, you must contact the Seller directly.
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29413. Intellectual property rights
28718.2.4. **Taxes**. Any applicable taxes on Digital Purchases are determined and collected by the Seller. You are responsible for reviewing any tax charges applied at the time of purchase.
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296 1. All intellectual property rights and/or similar rights on the Services (including the software, wallpapers, WePresent content, photography, graphic design, typography, portraits, logos, trademarks, trade names, domain names, copyrights and patents) are vested in WeTransfer and/or its licensors and you are not allowed to use, remove, modify, copy, mirror, distribute, decompile, or reverse engineer any of it in any way.
28918.2.5. **Payment Processing**. Payments for Digital Purchases are handled through the Third-Party Payment Processing Service. By proceeding with a Digital Purchase, you authorize the Third-Party Payment Processing Service to charge your selected payment method for the transaction amount, including applicable taxes. When making a Digital Purchase, we do not store or have access to your payment details, including credit card information. We may employ, and we may monitor and review payment transactions through Digital Purchases. You must agree to and comply with the terms and conditions of the Third-Party Payment Processing Service.
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298 2. WeTransfer is not responsible or liable for third party content published within the Services, in-ad links to external websites or the content, products or services offered on external websites. You acknowledge and accept that all use outside the Services is at your own risk.
29118.2.6. **No Liability for Digital Purchases**. We are not responsible for the Content, pricing, availability, delivery or fulfillment of Digital Purchases. All issues related to the access, quality, or functionality of purchased Content must be resolved directly with the Seller. By making a Digital Purchase, you agree that we are not responsible for any claims, losses, or damages arising from or related to your transaction with the Seller.
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300 3. You will always respect and observe the good name and reputation of WeTransfer and ensure that your use of the Services will in no way prejudice any rights and/or the good name and reputation of WeTransfer and its licensors.
293## 19\. Additional Terms for App Marketplaces
301294
30214. Disclaimer, termination and account registration
295When you access, purchase, or download our App from the Apple App Store, you acknowledge and agree that:
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304 1. WeTransfer provides the Services "AS-IS", without any warranty of any kind. Without limiting the foregoing, WeTransfer explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. WeTransfer makes no warranty that the Services are available on an uninterrupted, secure or error-free basis. Your use of the Services is at your own risk. You acknowledge and agree that WeTransfer is not responsible for any damages to the computer system or mobile device of you or any third party that result from the use of the Services and is not responsible for any failure of the Services to store, transfer or delete a file or for the corruption or loss of any data, information or Content contained in a file.
297• These Terms are concluded between you and WeTransfer, and not with Apple Inc. or its subsidiaries (collectively, "**Apple**"), and as between WeTransfer and Apple, WeTransfer is solely responsible for the App and the content thereof.
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306 2. WITHOUT PREJUDICE TO THESE TERMS, WETRANSFER IS NOT LIABLE FOR AND HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY DAMAGE OR PERSONAL INJURY RESULTING FROM ANY USE OF WETRANSFER PAID TRANSFER, INCLUDING ANY (TEMPORARY) UNAVAILABILITY OR (ACCIDENTAL) REMOVAL OF YOUR CONTENT OR ACCOUNT, WRONGFULLY DELIVERY OF YOUR CONTENT OR FAILURE OF ANY PAYMENTS VIA STRIPE.
299• You may only use the App on an Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the terms and guidelines that govern your use of the Apple App Store (including the Apple Media Services Terms and Conditions), except that the App may be accessed and used by other accounts associated with your account from which you made your purchase via Family Sharing or volume purchasing.
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308 3. To the extent permissible under local mandatory law, WeTransfer may change, terminate or expand its Services and site from time to time and reserves the right to limit access to or eliminate any features or functionality of the Services in its own discretion, without giving prior notice. We will use reasonable efforts to give you notice of any major changes in our Services including cancellation, upgrades, downgrades and where applicable, prorated refunds of subscription packages.
301• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
309302
310 4. Some of the Services require you to register and provide us with data such as your email address, password and/or payment details. You must ensure that these are accurate and keep them updated in your account settings. You are responsible for any activity from or by your account, so you should not share your password and you should protect it carefully. Should registrations or account data appear to be misused, WeTransfer reserves the right to delete the account. WeTransfer is not liable for any loss or damage arising from the unauthorized use of your account.
303• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you where applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WeTransfer.
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312 5. Notwithstanding the foregoing, it is WeTransfer's policy to terminate membership privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to WeTransfer by the respective intellectual property owner or their legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes intellectual property rights infringement, please provide our legal department with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner's behalf. Contact information for WeTransfer's designated legal department is as follows: [legal@wetransfer.com](mailto:legal@wetransfer.com)
305• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
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31415. Indemnity and Liability
307• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, as between Apple and WeTransfer, WeTransfer will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
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316 1. You will defend, indemnify and hold harmless WeTransfer (including its employees and affiliates) from and against any claims, incidents, liabilities, procedures, damages, losses and expenses (including legal and accounting fees), arising out of or in any way connected with your access to or use of the Services or your breach of these Terms, including any third party claims that Content created, used, stored or shared using the Services by you or through your account, infringe or violate any third party rights.
309• You must comply with applicable third-party terms of agreement when using the App.
317310
318 2. The Services may provide integration with third-party services. You acknowledge that: (i) WeTransfer is not responsible for any acts or omissions, terms and/or policies of such third-party services; (ii) that WeTransfer is not an agent of such third-party services; and (iii) your use of those services is subject to any applicable terms and conditions between you and the providers of such services.
311• Apple is a third-party beneficiary of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
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320 3. To the extent permissible under local mandatory law, WeTransfer is not liable for any damage or personal injury resulting from any use of the Services, including any (temporary) unavailability or (accidental) removal of your Content or account. The limitation of liability referred to in this clause shall not apply if the liability for damage caused by intent or gross negligence on the part of WeTransfer. In the event WeTransfer is liable for damage under mandatory law, WeTransfer's aggregate liability to you - to the extent permissible under local mandatory law - for any and all claims arising out of or in connection with the use of the Services will in no event exceed the greater amount of (i) one hundred dollars ($100) per incident or (ii) the fees paid by you in the month of the occurrence giving rise to the liability.
313## Terms of Service - Outside the United States of America
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32216. Waiver, Severability & Assignment
315Last update: August 3, 2026.
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324 1. WeTransfer's failure to enforce a provision is not a waiver of its right to do so later.
317If your usual residence is outside the United States of America
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326 2. 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.
319## 1\. Introduction
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328 3. 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.
3211.1. **Agreement. Please read carefully:** These Terms of Service (these "**Terms**") constitute a legally binding agreement between you ("**you**" or "**your**") and Wetransfer B.V. ("**WeTransfer**", "**we**, "**us**", or "**our**"). These Terms govern your access and use of our websites where these Terms are posted (the "**Sites**"), our mobile applications (the "**Apps**"), and our related content, products, and services (collectively, and together with the Sites and the Apps, the "**Service**").
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33017. Arbitration agreement
3231.2. **Binding Agreement.** By downloading, installing or using the Service in any manner, you agree to these Terms and you agree to comply with and be bound by any applicable guidelines, policies and additional terms-which form part of these Terms-as made available to you on one or more of the Sites, as well as by any specific, supplemental or third-party licenses, terms, or policies when using the Service. **These Terms contain provisions that govern the resolution of claims you may have, disclaimers of certain warranties, automatically renewing subscriptions, and certain limitations on our liability. If you do not agree to all terms and conditions in these Terms, do not access and immediately stop using the Service, cancel any account, and immediately delete any copies of any Apps or software included in the Service in your possession.**
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332 1. **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.
3251.3. **Language.** These Terms were originally drafted in English. If there is any conflict between the English-language version of these Terms and a version translated into another language, the one most favorable to the consumer will prevail.
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334 2. **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.
3271.4. **Privacy.** Our [Privacy & Cookie Policy](https://wetransfer.com/explore/legal/privacy) provides information about the processing of personal data in connection with the Service, including how data is collected, for which purposes it is processed, and for how long it is retained. To the extent that we process personal data on your behalf as a data processor under applicable privacy laws, the [Data Processing Agreement](https://wetransfer.com/documents/WeTransfer_Data_Processing_Agreement.pdf) applies and is incorporated by reference into these Terms.
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336 3. **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.
3291.5. **Contact Information.** You can contact us via our [Help Center](https://help.wetransfer.com/hc/en-us). If we have to contact or notify you, we will do so by using the contact or account information you provided to us or via notification within the Service or other reasonable method.
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338 4. **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.
331## 2\. Changes to the Terms and the Service
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340 5. **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.
3332.1. **Changes to the Terms.** We may update these Terms from time to time as we remove or release new features, technologies, or services, or to comply with legal, regulatory, or contractual requirements, in response to exceptional or unforeseen circumstances, or for other justifiable business reasons. In such cases, we will take appropriate measures to inform you in accordance with the significance of the changes performed, for example, by notifying you via email or a pop-up or push notification within the Service. It is your responsibility to review the Terms regularly, and to check the Service for updates to these Terms regularly. By continuing to access or use our Service after updates become effective, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must immediately stop using our Service, uninstall and delete any copies of any Apps or any software included in the Service in your possession, and cancel your subscription and any account.
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342 6. **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.
3352.2. **Changes to the Service.** We may also update, change, suspend or discontinue the Service (or any part, content or feature) or Subscription Plan (as defined below) at any time to offer or test new or different features, technologies, or services, to repair, improve or further develop the Service, to comply with legal, regulatory or contractual requirements, in response to exceptional or unforeseen circumstances, or for other justifiable or business reasons. Such changes, updates, suspensions, discontinuations may also result in adjustment to the applicable Subscription Fee (as defined below), including price increases, which will be effective upon the renewal of your Subscription Plan. In such cases, if reasonably necessary or if required under applicable law, we will notify you via email or a pop-up or push notification within the Service. If any such update, change, suspension or discontinuation of the Service (or any part, content or feature) would reasonably be expected to have a significant adverse impact on your access or use of the Service, we will notify you in advance and you will be entitled to withdraw from these Terms free of charge during the notice period. Some services and features may not be available in all countries, in all languages, or in all operating systems.
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344 7. **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.
337## 3\. Eligibility
345338
346 8. **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.
3393.1. **Age.** You may access and use the Service only if you are capable of entering into a legally binding agreement with us.
347340
348 9. **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.
3413.2. **Legal Entities**. If you are using the Service, opening an account, or accepting these Terms on behalf of a legal entity: (a) you agree to these Terms on behalf of yourself and such legal entity, (b) you represent and warrant that you are authorized to agree to these Terms on such entity's behalf and to bind such entity to these Terms, and (c) all references to "you" throughout these Terms other than this sentence will mean such legal entity.
349342
350 10. **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.
3433.3. **Economic Sanctions and Export Controls**. You agree to comply with all applicable trade, economic sanctions, and export control laws, including those of the United States, the European Union, the United Kingdom, and any other relevant jurisdictions ("**Export Laws**"), in connection with your access to and use of the Service. You may not access, use, export, re-export, transfer, or otherwise make available the Service, directly or indirectly: (a) into any country or territory subject to comprehensive trade sanctions or embargoes under applicable Export Laws, or (b) to any individual, entity, or organization listed on any applicable restricted party list maintained by relevant authorities. You state that: (i) you are not located in, organized under the laws of, or ordinarily resident in any country or territory that is the subject of comprehensive sanctions or embargoes under applicable Export Laws; (ii) you are not an individual or entity that appears on any applicable sanctions or restricted parties lists maintained by competent government authorities; and (iii) you will not use the Service for any purposes prohibited by Export Laws and in any manner that would cause any party to be in violation of applicable Export Laws. We reserve the right to suspend or terminate your Subscription Plan or your access to the Service in accordance with section 14, if we determine that such an action is required to comply with applicable Export Laws.
351344
352 11. **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.
345## 4\. Your Account
353346
354 12. **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.
3474.1. **Account Information**. Although these Terms apply regardless of whether you create or use an account, the use of certain features of the Service may require you to have an account. In such cases, these Terms also govern your account. You must provide only true, current and accurate information when you create your account or provide us with the required information, and meet the eligibility requirements under these Terms and [Pricing](https://wetransfer.com/pricing). You agree to update your registration information to keep it accurate and current. We may ask you to confirm your registration information (such as your email address) to continue using the Service. If you choose not to do so, your access to the Service may be restricted or terminated. When you choose a username or otherwise create a nickname, you agree not to use any name that is unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist, or any name that infringes or violates another person's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You agree not to impersonate any person or misrepresent your identity or affiliation with any person. You further agree not to purchase, sell, rent, or give away your account, or share your registration information. To the maximum extent permitted under applicable law, you are responsible for anything that happens through your account and all uses of your registration information, including, but not limited to, purchases, whether or not authorized by you.
355348
356 13. **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).
3494.2. **Account Security**. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure, of your registration information, you must immediately notify us and modify your registration information. You are responsible for maintaining the security of your account and the confidentiality of your registration information. If required, you must use a strong password for your account that is unique to the Service and not used by you in any other service.
357350
35818. Governing Law
3514.3. **Multi-Seat Account**. If your Subscription Plan permits it, you may enable more than one individual user to access and use the Service ("**Authorized Users**") under your account ("**Multi-Seat Account**") during the Subscription Period (as defined below), subject to the number of seats and other conditions as specified in [Pricing](https://wetransfer.com/pricing) or in the order form through which you purchased your Subscription Plan ("**Order Form**"). Each seat on a Multi-Seat Account may only be used by one Authorized User. Subject to the terms of the applicable Subscription Plan, a Multi-Seat Account may allow you to, or require that you, enable one or more administrators ("**Account Administrators**") to manage, access, and use the account and any associated Content (as defined below), and to enable or remove Authorized Users. We may provide you with instructions on how to enable access to the Multi-Seat Account by the Authorized Users, which may include, without limitation, the provision of a private link to access our account creation portal for the Service. If you purchase a Subscription Plan for a Multi-Seat Account as a legal entity in connection with your business, you may assign seats to your employees or those of your affiliates, who will be considered your Authorized Users. In this case, seats on your Multi-Seat Account may only be used for activities related to your business or that of your affiliates. If an employee leaves your or your affiliate's organization, you must notify us with the account details associated with the relevant seat, and we will then disable that seat. Once disabled, it may be reassigned to a new employee, provided that the new Authorized User completes the onboarding process and a new account is created. Any subscriptions acquired by Authorized Users outside the onboarding method we provide will not be considered part of your Multi-Seat Account and may incur separate billing. You agree that we are not responsible for the use of your Multi-Seat Account or the Service by your Authorized Users, and you are responsible for ensuring that they comply with the Terms. You are also solely responsible for implementing any measures you deem reasonably necessary to safeguard your proprietary or confidential information. We may monitor and enforce Subscription Plan limitations and restrictions, including, but not limited to, the right to charge for overages.
359352
360 1. **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.
3534.4. **Inactive Account**. We will consider your account as inactive if you have not accessed your account for 12 months and you do not have an active paid Subscription Plan. You are responsible for keeping your account active. We may delete or close your account if it becomes inactive.
361354
362 2. **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.
3554.5. **Device**. If you use or access the Service with any mobile phone, tablet, laptop, desktop computer or other device not owned by you, you must have the device owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.
363356
36419. Contact
357## 5\. Service License
365358
366 1. 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.
3595.1. **Service License.** Subject to your compliance with these Terms and your payment of any applicable Subscription Fee, we hereby grant you, for the purposes specified in the terms of your Subscription Plan, a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to use the Service and to download and install a copy of the applicable App provided to you by us or on our behalf on a permitted device that you own or control. Except as expressly permitted by these Terms and the terms applicable to the mobile application store where we make the applicable App available (each, an "**App Marketplace**"), you cannot: (a) rent, lease, lend, sell, distribute, sublicense, or otherwise transfer or make available the Service; or (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, alter, mimic, adapt, translate, or create derivative works of the Service, any updates, content or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Service).
360
3615.2. **Service Level.** This section applies to you only if you purchase a Subscription Plan. We will make reasonable efforts to provide the Service during the Subscription Period. In any event, we do not guarantee the availability of the Service. You agree that the Service may be disrupted, unavailable, or inoperable, including due to (a) unforeseeable circumstances, or foreseeable circumstances that despite our reasonable measures to prevent are not within our ability to fully prevent (including, but not limited to, widespread internet disruptions, interruption of services by our service providers that was not caused by us, and malicious third-party acts), (b) emergency security measures, or (c) planned downtime (in this case, we will use reasonable efforts to inform you, for example, with a notice within the Service). We are not responsible for any disruption or loss that you may suffer as a result of any unavailability of the Service in accordance with this section.
362
3635.3. **Trials and Betas.** We may offer optional access to features on a free, trial, beta, or early access basis ("T**rials and Betas**") and we may perform other product validations techniques. Use of Trials and Betas is permitted only for your internal evaluation during the period set out in the Trials and Betas offer, as applicable. You acknowledge that Trials and Betas may be inoperable, incomplete or include features that are not released outside of Trials and Betas. We offer no warranty, indemnity, or support for Trials and Betas and any product validation techniques we may perform. We may, at our sole discretion, terminate your use of Trials and Betas or discontinue any Trial and Betas at any time for any reason.
364
365## 6\. Content
366
3676.1. **Content.** The Service provides features that may allow you to upload, store, receive, create, modify, share, or publish textual, visual, audio or other content or files (collectively, the "**Content**").
368
3696.2. **Ownership of Content.** We do not claim any ownership rights to the Content. You or your licensors own and retain all right, title, and interest, including all intellectual property rights, in and to the Content.
370
3716.3. **License to WeTransfer.** In order to allow us to operate, provide you with, and improve the Service and our technologies, we must obtain from you certain rights related to Content that is covered by intellectual property rights. You hereby grant us a royalty-free license to use your Content for the purposes of operating, developing, and improving the Service, all in accordance with our [Privacy & Cookie Policy](https://wetransfer.com/explore/legal/privacy).
372
3736.4. **License to Others.** You hereby grant other users a license to access, view, and use your Content, as enabled by one or more features of the Service.
374
3756.5. **Your Responsibilities.** You are solely responsible for your Content, including, but not limited to, for how others interact with or use your Content, for determining how and with whom it is shared or published, and for regularly backing it up. You state that all your Content complies with these Terms and any applicable law, and that you have all the rights and authorizations necessary to grant the licenses in these Terms and to upload, store, receive, create, modify, share, publish or sell the Content on or through the Service. Some features may allow you to restrict access to your Content with a password, and you are responsible for the confidentiality and your sharing of such passwords and password-protected Content. Your Content will be available to you to export or download depending on your Subscription Plan and only during the period specified under the terms of the applicable feature or your Subscription Plan, after which we have no obligation to maintain, and we may delete your Content from the Service. We may also delete your Content if your account is inactive in accordance with section 4.4. This section does not affect section 12.
376
3776.6. **Infringement of Third-Party Rights**. We respond to notices of alleged infringement of third-party rights that comply with and satisfy the requirements set out by applicable law, and we may, where appropriate, remove or disable access to allegedly infringing Content. For instructions on how to submit a notice of infringement or file a counter-notice, please consult the notice and take down policy on our Sites.
378
379## 7\. Prohibited Uses
380
3817.1. **Prohibited Uses.** You agree that you will not, and will not permit any person accessing the Service using your account or device to do any of the following:
382
383a. Use the Service in any manner not permitted by these Terms;
384
385b. Use the Service for any purposes prohibited by the terms of your Subscription Plan or applicable laws, or in any manner that violates or infringes upon the rights of others;
386
387c. Import, submit, upload, publish, post, communicate, or transmit to others in any way whatsoever, any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist content; content containing explicit nudity, pornography, or sexually explicit material; graphic content depicting acts of cruelty, violence, assault, or harm towards humans or animals, including imagery of abuse, slaughter, or death; content promoting or facilitating illegal activities, such as drug use, terrorism, or human trafficking; content promoting or facilitating the sale or distribution of illegal or prohibited goods or services, including drugs, weapons, or similar items; content supporting terrorist organizations; content encouraging or promoting self-harm, suicide, or other harmful behaviors; misinformation; content that infringes or violates another person's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity); or content which otherwise violates our content guidelines or policies;
388
389d. Copy (except as expressly permitted by these Terms) or modify the Service;
390
391e. Frame, mirror, display or incorporate the Service or any portion into any other program, site, service or product;
392
393f. Use the Service in a manner that interferes with, degrades, or disrupts the integrity or performance of any of our networks, technologies, products or services;
394
395g. Use any data mining or similar automated or manual data extraction, gathering or scraping methods in connection with the Service;
396
397h. Circumvent, bypass, defeat, modify, tamper, or disable any content protection system, digital rights management, security feature or functionality in the Service;
398
399i. Use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations or spam;
400
401j. Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless or frivolous submissions; or
402
403k. Allow or encourage others to do any of the foregoing.
404
4057.2. **Content and Account Review.** We may use human and automated means to detect or receive reports of suspected violations of these Terms, our content guidelines or policies, and applicable law. We may investigate any suspected violations. During such investigation, we may temporarily block access to your Content, review or screen the Content, or suspend your access to all or part of the Service. Following our investigation, we may take one or more of the following actions at our discretion: (a) remove or permanently disable access to some or all of your Content, (b) suspend or terminate your account (if any) and your access to any portion or all of the Service in accordance with section 14, and (c) disclose your Content, your registration information, or both to governmental or public authorities, law enforcement agencies, or third parties, where legally required or reasonably deemed necessary to comply with our legal obligations, protect our interests, or safeguard third parties. More information is available in our notice and takedown policy and content moderation policy published on our Sites.
406
407## 8\. Subscription Plan and Automatic Renewals; Fees and Payments
408
4098.1. **Subscription Plan.** One or more features of the Service may require a subscription plan ("**Subscription Plan**") which may automatically renew. The license period for the applicable Subscription Plan ("**Subscription Period**") may vary, for example, with weekly, monthly or annual terms as specified at checkout when you purchase your Subscription Plan or in your Order Form. Each Subscription Plan and any feature may have one or more eligibility requirements and authorized uses as set out in [Pricing](https://wetransfer.com/pricing), in these Terms, or in the Service. **Upon expiration of the Subscription Period, your Subscription Plan will automatically renew for recurring Subscription Periods of the same duration,** unless the Subscription Plan is canceled or not renewed in accordance with these Terms. **If you purchase a Subscription Plan other than through an Order Form, (a) you authorize us to charge the applicable Subscription Fee to your designated payment method for your initial Subscription Period and automatically upon each renewal with no further action required by you**, and (b) you must keep your payment method up to date in your account settings or by contacting us via our [Help Center](https://help.wetransfer.com/hc/en-us).
410
4118.2. **Non-Renewal.** **If you purchase your Subscription Plan through one of the Sites, you can manage and cancel your subscription and any automatic renewals at any time from your account settings. If you purchase your Subscription Plan through an App, you can cancel your subscription and automatic renewals at any time in your account settings with the App Marketplace according to the policies of each App Marketplace. Uninstalling an App will not result in the cancellation of your subscription. If you purchase your Subscription Plan through an Order Form, you can cancel your subscription and any automatic renewals by providing written notice of termination to the contacts specified in your Order Form, at least one month before the end of the then-current Subscription Period.** We may elect to not renew a Subscription Plan by providing notice to you before the end of the then-current Subscription Period. If you have begun a Subscription Period and you then decide to cancel your subscription during such period, you will not receive a refund for the fees you already paid for such Subscription Period, and you will continue to be able to use the Service for which you subscribed until the end of such Subscription Period. The expiration of the Subscription Plan due to any non-renewal will be effective as of the end of the then-current Subscription Period. Unused add-ons, features, seats, or any other items of your Subscription Plan will not be reimbursed and do not rollover to any subsequent Subscription Period or renewal term, if applicable. You can downgrade your Subscription Plan or reduce your add-ons, features, or seats in your account, but such downgrades will not become effective until the end of your current Subscription Period, and you will not receive a refund or credit for such downgrade or reductions. Downgrading your Subscription Plan may cause loss of features, seats, data, or functionality of the Service available to you, and we will not be responsible for any such loss.
412
4138.3. **Fees.** You agree to pay all fees, including the then-current subscription fee applicable to your Subscription Plan ("**Subscription Fee**"), and any applicable VAT or other taxes for the use of the Service in the manner, currency, and on the dates specified at checkout when you purchase your Subscription Plan or in your Order Form with us, if applicable, and upon the renewal of your Subscription Plan. If you have a Multi-Seat Account, you agree that you will be charged for each seat that is enabled in your account at the price per seat shown at checkout when you purchase your Subscription Plan or in your Order Form. If additional seats are added to your Multi-Seat Account after your Subscription Period has started, you will be charged a pro-rated amount based on the remaining days of the then-current Subscription Period and, on the following Subscription Period, such additional seats will be charged in full. If seats are removed from your Multi-Seat Account after your Subscription Period has started, you will not receive any refunds for the then-current Subscription Period, but no charges will apply for the removed seats in the following Subscription Period. You further agree that we may charge a fee for each Digital Purchase (as defined below), subject to any additional rules or terms governing Paid Transfers (as defined below).
414
4158.4. **Fees and Payment Terms** **Changes.** We may update or change our fees (including, but not limited to, any Subscription Fee) and payment terms from time to time to reflect circumstances such as changes to the Service (including the addition of new features), changes in our business, changes in legal, regulatory, or contractual requirements, changes to the economic environment we operate in, or other justifiable or business reasons. In such cases, we will notify you in advance via email or a pop-up or push notification within the Service. Changes to fees will not apply retroactively and changes to Subscription Fee will become effective upon the renewal of your Subscription Plan. If you are a consumer resident in the European Economic Area and do not agree with the new fees or payment terms, you will have the statutory right to cancel your Subscription Plan and withdraw from these Terms free of charge before the new fees or payment terms become effective by following the instructions on section 8.2 above. We may offer and discontinue free trials, promotional subscription fees, or other offers at any time at our sole discretion, including on the basis of automated decision-making. Upon expiration of such offers, you will be charged the applicable Subscription Fee (if any).
416
4178.5. **Taxes.** All fees are exclusive of any applicable VAT or other taxes, unless otherwise specified by us. We will charge any applicable taxes in connection with the Service or any fees under these Terms as required by law. You may not withhold any taxes or charges or set off any amounts due to us. We reserve the right to withhold the payment of any amounts owed to you under these Terms and dispose of them as required by law, in each case as determined by us, or to seek later payment from you of any amounts on taxes uncollected and unremitted.
418
4198.6. **Late or Non-Payment. If we do not receive your payment of the applicable Subscription Fee or other fees, we may, at our discretion, take one or more of the following actions: (a) revoke any credit terms or other payment accommodation which might have been previously afforded to you, (b) accelerate your entire account balance, (c) suspend or terminate your access to your account and to any portion or all of the Service in accordance with section 14, or (d) downgrade your Subscription Plan and charge you the Subscription Fee applicable to the downgraded Subscription Plan (if any),** without any responsibility for any loss of features, data, or functionality of the Service caused by such downgrading. If your payment of outstanding Subscription Fee or other fees fails as a result of insufficient funds in or other issues with your designated payment method, we may seek to recover the outstanding amount by, at our discretion, continuing to attempt to charge the outstanding amount to the same designated payment method, or dividing the outstanding amount into one or more smaller amounts and charging such smaller amounts to the same designated payment method, in which case we will use reasonable efforts to notify you.
420
4218.7. **No Refunds.** Except as otherwise expressly stated in these Terms, all fees and taxes are non-refundable.
422
4238.8. **Credit Card Payment Fee**. Payments with credit cards may be subject to an additional processing fee as specified in [Pricing](https://wetransfer.com/pricing) or at checkout.
424
425## 9\. Our Intellectual Property Rights
426
4279.1. **Ownership.** We or our licensors retain and exclusively own all rights, title and interest in and to the Service and its content, including all intellectual proprietary rights, whether registered or not, which include, but are not limited to, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to the Service. We reserve all rights not expressly granted to you under these Terms.
428
4299.2. **Feedback.** If you provide feedback, comments or suggestions for improvements related to the Service ("**Feedback**"), you state that you (a) have the right to disclose the Feedback, (b) the Feedback does not violate third-party rights, and (c) the Feedback does not contain the confidential or proprietary information of any third party. You (i) acknowledge that we may have something similar to the Feedback already under consideration or in development, and (ii) assign to us your entire right, title, and interest (including any intellectual property rights) in and to Feedback. To the extent that any right, title, or interest cannot be assigned under applicable law, you hereby grant us an irrevocable, exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any compensation, and waive any right, title or interest and consent to any action by us, our service providers, successors, and assigns that would violate such right, title, or interest in the absence of such consent. You agree to execute any documents necessary to effect the assignment, waivers, or consents described in this section.
430
431## 10\. Promotional Activities
432
433Sweepstakes, contests, raffles, surveys, games, or similar promotions that you enter on the Service or in connection with the Service (each, a "**Promotion**") may be subject to official rules or conditions that are supplemental to these Terms, and which may provide eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in a Promotion, please refer to the applicable official rules or conditions. If a Promotion's official rules or conditions conflict with these Terms, the provisions contained in the official rules or conditions govern and control the relevant Promotion.
434
435## 11\. Third-Party Materials and Services; Advertising
436
43711.1. **Third-Party Materials and Services.** The Service may display, include or make available content and information from third parties, including Content (collectively, "**Third-Party Materials**"). The Service may also enable access to Digital Purchases, third-party services, software, and websites (collectively, "**Third-Party Services**") or provide links to certain Third-Party Services or Third-Party Materials. You understand that by using the Service, you may encounter content, including Third-Party Services and Third-Party Materials, that may be deemed inaccurate, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search may automatically and unintentionally generate links or references to objectionable material. By using the Service, you further acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, merchantability, fitness for a particular purpose or any other aspect of such Third-Party Services or Third-Party Materials. We do not warrant or endorse and do not assume and will not have any responsibility for any Third-Party Services or Third-Party Materials. Such Third-Party Services and Third-Party Materials are provided solely as a convenience to you. You agree to use the Service and any Third-Party Services or Third-Party Materials at your sole risk. In addition, Third-Party Services and Third-Party Materials that may be accessed from, displayed on or linked from your device may not be available in all languages, in all countries, or in all operating systems. We make no representations that such Third-Party Services and Third-Party Materials are appropriate or available in any particular location. We do not endorse any Third-Party Services or Third-Party Materials, regardless of any advertising of such services or materials on the Service. To the extent you choose to access or use such Third-Party Services or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws. We, and our providers and licensors, reserve the right to change, suspend, remove, limit, or disable access to any Third-Party Services or Third-Party Materials at any time to offer new or different features, technologies, or services, to repair, improve or further develop the Service, to comply with legal, regulatory or contractual requirements, in response to exceptional or unforeseen circumstances, or for other justifiable or business reasons. In such cases, if reasonably necessary or if required under applicable law, we will notify you via email or a pop-up or push notification within the Service. If you are a consumer resident in the European Economic Area and any such update, change, suspension or discontinuation of the Service (or any part, content or feature) would reasonably be expected to have a significant adverse impact on your access or use of the Service, we will notify you in advance and you will be entitled to withdraw from these Terms free of charge during the notice period. We will not be liable for the limitation, removal of, or disabling of access to any such services or materials in accordance with these Terms. You acknowledge and agree to comply with applicable third-party terms, conditions, and policies related to the use of the Service, Third-Party Services and Third-Party Materials. This section does not affect section 12.
438
43911.2. **Advertisement.** The Service may contain advertisements. In consideration for your access and use of the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service.
440
441## 12\. Disclaimer of Warranties and Limitation of Liability
442
44312.1. **Disclaimer of Warranties.** **You expressly acknowledge and agree that your use of the Service is at your sole risk. To the maximum extent permitted by law, we disclaim all warranties and conditions of merchantability, of satisfactory quality, and of fitness for a particular purpose. We cannot warrant against interference with your enjoyment of the Service, that the functions contained in, or services performed or provided by, the Service will meet your requirements, or that the operation of the Service will be constantly available, uninterrupted, secure, or error-free. No oral or written information or advice given by us or our authorized representatives will create a warranty. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you (for example, this section does not affect the legal protections, including the statutory warranties, granted to consumers under the law of the European Union). If you have questions or complaints in connection with this section, we encourage you to contact us by visiting our [Help Center](https://help.wetransfer.com/hc/en-us). This section does not affect section 12.2.**
444
44512.2. **Limitation of Liability. To the maximum extent permitted under applicable law, we (and our affiliates, parent companies, officers, agents, employees, partners, licensors, contractors, permitted successors and permitted assigns) will not be liable for any moral, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Service, unless such damages are caused by our breach of these Terms. In no event shall our (and our affiliates, parent companies, officers, agents, employees, partners, licensors, contractors, permitted successors and permitted assigns) total liability to you for all damages (other than as may be required by applicable law) exceed the greater of the amounts you have paid to us in the 12-month period prior to the event giving rise to the liability or one hundred U.S. dollars (USD 100). This amount represents our total aggregate liability to you for all claims arising out of or in connection with your use of the Service, including under or in relation to the Data Processing Agreement. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and us. These Terms do not limit our liability for death, personal injury, fraud, or gross negligence. The above limitations or exclusions do not affect your statutory consumer rights in your applicable jurisdiction, including the remedies available to consumers for lack of conformity.**
446
447## 13\. Indemnification
448
449You will defend, indemnify and hold us, our affiliates, our and our affiliates' directors, officers, agents, employees, partners, licensors, contractors, permitted successors and permitted assigns (each of the foregoing, an "**Indemnitee**") harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, but not limited to, professional fees and reasonable attorneys' fees incurred by one or more Indemnitees, to the extent directly or indirectly arising out of or resulting from one or more of the following: (a) your or your Authorized Users access to or use of the Service; (b) your or your Authorized Users' Feedback; (c) any breach of these Terms by you, your Authorized Users, or any person accessing the Service using your account or device; (d) your or your Authorized Users' violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your or your Authorized Users' violation of any applicable law or regulation; or (f) your or your Authorized Users' conduct in connection with the Service. You will promptly notify us of any third-party claims subject to indemnification. You agree that we will have the right to control the defense, negotiation, and settlement of any claim subject to indemnification by you and that you will fully cooperate with us in the defense, negotiation, or settlement of any such claim, and that we will have the right to select counsel handling such defense, negotiation or settlement in our sole discretion. This section does not affect any other indemnities set out in a separate written agreement between you and us or the other Indemnitees.
450
451## 14\. Suspension; Termination
452
45314.1. **Suspension.** We may suspend without prior notice your access or your account (if any) and any portion or all of the Service for any reason, including if, in our sole judgment, we determine: (a) there is a threat or attack on any of our services or systems, or any data stored thereon; (b) your use of the Service disrupts or poses a security risk to us or any of our customers or vendors; (c) you are using the Service for purposes of engaging in, or your account is being used to engage in, fraudulent or illegal activities; (d) our provision of the Service to you is prohibited by applicable law; (e) you fail to comply with one or more provisions of these Terms, or we suspect that you are in violation of, or reasonably likely to be in violation of, one or more provisions of these Terms; or (f) any of our licensors or vendors restricts, suspends, or terminates our access to one or more Third-Party Service or Third-Party Materials that are required for the provision of or access to the Service. We will not be liable to you or any third party for any such suspension. This section does not affect your payment obligations under section 8.3.
454
45514.2. **Termination by You.** These Terms are effective until you perform each of the following: (a) stop using the Service, (b) uninstall and delete any copies of any Apps or software included in the Service in your possession, (c) cancel all active Subscription Plans in accordance with these Terms, and (d) cancel your account, if you have one. Your termination of these Terms or cancellation of your account does not relieve you from your payment of any outstanding Subscription Fee or other fees.
456
45714.3. **Termination by Us.** We may terminate these Terms or your right to access or use the Service at any time (a) for any reason by providing you with prior notice, and (b) without notice where we reasonably consider that you have failed to comply with these Terms or applicable law, or we are unable to continue to provide the Service, including due to technical or business reasons.
458
45914.4. **Effect of Termination** **and** **Survival.** Upon expiration, termination, or cancellation of these Terms for any reason, (a) you must stop using the Service and uninstall and delete all copies of any Apps or software included with the Service in your possession, and (b) all rights granted to you under these Terms, including all licenses, will immediately terminate. The provisions of these Terms that are by their nature intended to survive termination or expiration of these Terms will so survive.
460
46114.5. **Withdrawal and Termination Rights**. If you are a consumer resident in the European Economic Area or the United Kingdom, you may exercise your statutory right of withdrawal within 14 days of purchasing or upgrading a Subscription Plan. If your Subscription Plan is automatically renewed, you may also terminate your Subscription Plan with a prior notice of one month, and you may request a reimbursement of the pro-rated amount of the Subscription Fee for the remainder of your Subscription Period after termination is effective. If you have purchased your subscription through an App, you can exercise your right of withdrawal or your right of termination through your account settings with the App Marketplace, according to the policies of each App Marketplace. If you have purchased your Subscription Plan through the Site, you can exercise your right of withdrawal or your right of termination and request reimbursement by contacting us via our [Help Center](https://help.wetransfer.com/hc/en-us).
462
463## 15\. Governing Law and Jurisdiction
464
46515.1. **Governing Law**. The laws of the Netherlands will govern these Terms and your use of the Service, excluding any conflict of law provisions. If you are a consumer resident in the European Union, these Terms will not affect the mandatory laws and statutory consumer rights of your country of residence.
466
46715.2. **Jurisdiction**. Any controversy or claim in relation to the application or interpretation of these Terms and arising out of your use of the Service will be submitted to the exclusive jurisdiction of the Court of Amsterdam, the Netherlands. If you are a consumer resident or domiciled in the European Union, you may submit your claim to the court of your place of residence or domicile.
468
469## 16\. General
470
47116.1. **Assignment.** You will not assign, subcontract, delegate, or otherwise transfer these Terms, or your rights and obligations under these Terms, without obtaining the prior written consent of one of our authorized representatives, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be void. We may assign these Terms or any right set out in these Terms, in whole or in part, without your consent, to any person or entity at any time, on condition that the assignment does not diminish the protection of your rights. These Terms will be binding upon the parties and their respective successors and permitted assigns.
472
47316.2. **Severability.** If any provision or part of these Terms is found to be unlawful, void or for any reason unenforceable, that provision, or the affected part thereof, will be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms as possible. Any unaffected provision of these Terms will remain in full force and effect.
474
47516.3. **No Waiver.** Any failure by us to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights will only be effective if it is in writing and signed by one of our authorized representatives. The rights and remedies under these Terms are cumulative and are in addition to and not in substitution of any other rights and remedies available at law.
476
47716.4. **No Third-Party Beneficiaries.** Except as expressly provided in sections 9 (**Our Intellectual Property Rights**), 11 (**Third-Party Materials and Services; Advertising**), 13 (**Indemnification**), 16 (**General**), and 18 (**Additional Terms for App Marketplaces**), there are no third-party beneficiaries to these Terms other than each of our affiliates.
478
47916.5. **Publicity.** If you have purchased a Subscription Plan through an Order Form, you hereby grant us a non-exclusive, worldwide, royalty-free license to use your name and logos solely to identify you as a WeTransfer customer on our Sites and in marketing and communications materials. We will use reasonable efforts to cease use and remove your name and logos from our Sites and our marketing and communication materials following the termination of your Subscription Plan, except where such removal is not reasonably possible.
480
481## 17\. Paid Transfers
482
483The Service may include functionality ("**Paid Transfers**") that enables our users to request and collect payments ("**Sellers**") to allow other users to access or download Content ("**Buyers**").
484
485### 17.1. Additional Terms for Sellers
486
487If you are a Seller, the following terms apply to you in addition to the Terms.
488
48917.1.1. **Limited Use.** You may use Paid Transfers only for the purpose of facilitating the payment transaction between you and Buyers who purchase a Paid Transfer ("**Digital Purchase**") of your Content in accordance with these Terms. You may not use Paid Transfers to offer anything other than Content.
490
49117.1.2. **Digital Purchase.** You are responsible for offering and setting the price and any additional terms and conditions for Digital Purchases for your Content. You are also solely responsible for complying with any applicable laws related to Digital Purchases and for resolving any disputes with Buyers. You acknowledge and agree that each Digital Purchase is a transaction solely between you and the Buyer, and that we are not a party to it.
492
49317.1.3. **Processing Payments.** We have no responsibility for any Digital Purchases, and we have no liability to you or the Buyer for any payment or billing error, failure, or fraud for Digital Purchases. We may employ one or more third-party payment processing service providers for Paid Transfers ("**Third-Party Payment Processing Service**"), and we may monitor and review payment transactions through Paid Transfers. You may be required to create and maintain an account with the Third-Party Payment Processing Service associated with your account within the Service to use Paid Transfers. You must agree and comply with the terms and conditions of the Third-Party Payment Processing Service. A transaction fee may apply to each Digital Purchase processed through the Third-Party Payment Processing Service. You agree that you are solely responsible for paying this fee. We do not collect or have access to credit card information used to make Digital Purchases.
494
49517.1.4. **Taxes and Refunds.** You are responsible for calculating, collecting, reporting, and remitting applicable taxes for the Digital Purchases you offer. You are also solely responsible for handling refunds and addressing any requests related to Digital Purchases that you offer. If we receive refund requests or other inquiries from Buyers regarding your Digital Purchase offerings, we may forward these requests to you and inform Buyers that all questions or complaints must be directed to the Seller. You must resolve such matters in compliance with applicable law and any agreements you have with Buyers, your bank, card or payment networks, or other parties you engage for transaction payment processing. You further agree to cooperate and provide any information reasonably requested by us to address chargebacks or respond to communications received from such parties or governmental authorities regarding transaction payments in connection with your Digital Purchase offerings.
496
497### 17.2. Additional Terms for Buyers
498
499If you are a Buyer, the following terms apply to you in addition to the Terms.
500
50117.2.1. **Digital Purchases**. By making a Digital Purchase, you agree to comply with these Terms, as well as any additional terms set by the Seller from whom you are purchasing Content. When you make a Digital Purchase, whether as a single purchase or as part of a subscription, you enter into a direct transaction with the Seller. We are not the merchant of record and we do not process or manage payments on behalf of the Seller. You are responsible for reviewing and agreeing to any additional specific terms and conditions related to the Digital Purchase set by the Seller before completing the transaction.
502
50317.2.2. **Pricing and Delivery**. The price of Digital Purchases is determined by the Seller. Once a Digital Purchase is completed, you will be granted access to the purchased Content in accordance with the terms set by the Seller.
504
50517.2.3. **Refunds and Support**. All refunds, disputes, or complaints regarding Digital Purchases must be directed to the Seller from whom you purchased the Content. We do not process refunds, handle chargebacks, or mediate disputes related to Digital Purchases. If you have concerns about your Digital Purchase, you must contact the Seller directly.
506
50717.2.4. **Taxes**. Any applicable taxes on Digital Purchases are determined and collected by the Seller. You are responsible for reviewing any tax charges applied at the time of purchase.
508
50917.2.5. **Payment Processing**. Payments for Digital Purchases are handled through the Third-Party Payment Processing Service. By proceeding with a Digital Purchase, you authorize the Third-Party Payment Processing Service to charge your selected payment method for the transaction amount, including applicable taxes. When making a Digital Purchase, we do not store or have access to your payment details, including credit card information. We may employ, and we may monitor and review payment transactions through Digital Purchases. You must agree to and comply with the terms and conditions of the Third-Party Payment Processing Service.
510
51117.2.6. **No Liability for Digital Purchases**. We are not responsible for the Content, pricing, availability, delivery or fulfillment of Digital Purchases. All issues related to the access, quality, or functionality of purchased Content must be resolved directly with the Seller. By making a Digital Purchase, you agree that we are not responsible for any claims, losses, or damages arising from or related to your transaction with the Seller.
512
513### 17.3. Additional Terms for EU Sellers
514
51517.3.1**. P2B Regulation.** This section 17.3 (the "**Additional Terms for EU Sellers**") is provided in accordance with the Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on Promoting Fairness and Transparency for Business Users of Online Intermediation Services ("**P2B Regulation**"). If (1) you are a Seller, (2) your place of establishment or residence is in the European Union, and (3) you offer Content to consumers located in the EU through the Service as part of your business activity, you are deemed a "Business User" (as this term is defined in the P2B Regulation) and the Additional Terms for EU Sellers are in addition to the Terms and apply to you, in accordance with the P2B Regulation. If this section 17.3 conflicts with the other provisions of the Terms, this section will prevail.
516
51717.3.2. **Access to Information and Data**. A Business User has access to and control over its Content and data in accordance with the Terms. We have access to and retain (including following the termination of the Terms) the data collected through the Service, including personal data and any other data provided by WeTransfer's users, Buyers, and Sellers, including Business Users in accordance with our [Privacy & Cookie Policy](https://wetransfer.com/explore/legal/privacy) and, where applicable, the Data Processing Agreement. Business Users and consumers have access to the data generated by their use of the Service as further described in the [Privacy & Cookie Policy](https://wetransfer.com/explore/legal/privacy). A Business User cannot access any data generated by other Business Users in their use of the Service. The data generated on the Service by Business Users and consumers can be provided to third parties that support us in the provision of the Service and in the processing activities described in the [Privacy & Cookie Policy](https://wetransfer.com/explore/legal/privacy).
518
51917.3.3. **Internal Complaint-Handling System**. If a Business User has a complaint regarding any of the following issues, such Business User may lodge it through [EU P2B Complaints](https://help.wetransfer.com/hc/en-us/articles/17969709747474-How-to-file-a-complaint-EU-users-only), free of charge, and the complaint will be handled within a reasonable time frame:
520
521a. alleged non-compliance by us with any obligations laid down in the P2B Regulation which affects the Business User lodging the complaint;
522
523b. technological issues which relate directly to the provision of the Service, and which affect the Business User lodging the complaint;
524
525c. measures taken by us, or our behavior, which relate directly to the provision of the Service, and which affect the Business User lodging the complaint.
526
52717.3.4. **Mediation**. If a Business User is not satisfied with the outcome of a complaint or does not want to make use of our internal complaint-handling system, the Business User may initiate a mediation process with one of the mediators listed in [EU P2B Complaints](https://help.wetransfer.com/hc/en-us/articles/17969709747474-How-to-file-a-complaint-EU-users-only).
528
52917.3.5. **Changes**. We may update the Terms from time to time as we remove or release new features, technologies, or services, or to comply with legal, regulatory, or contractual requirements, in response to exceptional or unforeseen circumstances, or for other justifiable or business reasons. In such cases, we will provide the Business User with reasonable notice, with a minimum notice period of 15 days. During this notice period, the Business User may terminate its Subscription Plan 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 (i) we change 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, or (ii) the Business User waives the notice period, either explicitly or implicitly by continuing to use Paid Transfers during the notice period. In such a scenario, the amended Terms will take effect immediately after notification and publication. We will not impose any retroactive changes to the Terms, except when the changes are required to comply with a legal or regulatory obligation or when the retroactive changes are beneficial to the Business User.
530
531## 18\. Additional Terms for App Marketplaces
532
533When you access, purchase, or download our App from the Apple App Store, you acknowledge and agree that:
534
535• These Terms are concluded between you and WeTransfer, and not with Apple Inc. or its subsidiaries (collectively, "**Apple**"), and as between WeTransfer and Apple, WeTransfer is solely responsible for the App and the content thereof.
536
537• You may only use the App on an Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the terms and guidelines that govern your use of the Apple App Store (including the Apple Media Services Terms and Conditions), except that the App may be accessed and used by other accounts associated with your account from which you made your purchase via Family Sharing or volume purchasing.
538
539• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
540
541• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you where applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WeTransfer.
542
543• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
544
545• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, as between Apple and WeTransfer, WeTransfer will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
546
547• You must comply with applicable third-party terms of agreement when using the App.
548
549• Apple is a third-party beneficiary of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.