🔒 TempSend

Terms of Service

Terms of Service

Last Updated: December 2024

1. Acceptance of Terms

By accessing and using TempSend ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

TempSend reserves the right to modify these terms at any time. We will notify users of any changes by updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated terms.

2. Description of Service

TempSend is a privacy-first file sharing service that provides:

  • End-to-end encrypted file sharing
  • Temporary encrypted rooms for multiple users
  • Encrypted chat functionality within rooms
  • Automatic expiry and deletion of content

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

3. Acceptable Use

You agree NOT to use TempSend for any of the following purposes:

  • Illegal Activities: Any activity that violates local, state, national, or international laws
  • Malicious Content: Uploading malware, viruses, trojans, ransomware, or any other harmful software
  • Copyright Infringement: Sharing copyrighted material without authorization
  • Harassment or Abuse: Using the Service to harass, threaten, or abuse others
  • Spam: Sending unsolicited messages or content
  • Child Exploitation: Any content involving minors in an exploitative manner
  • Terrorism or Violence: Content promoting terrorism, violence, or illegal activities
  • Fraud or Scams: Using the Service for fraudulent purposes or scams
  • Privacy Violations: Sharing personal information of others without consent
  • System Abuse: Attempting to overload, disrupt, or damage the Service

Violation of these terms may result in immediate termination of access and deletion of content.

4. Prohibited Use & Automatic Removal

Users may not use TempSend to store or share content that is illegal, harmful, or infringes others' rights.

TempSend cannot see the contents of any files and does not manually review uploads.

Content that is reported by multiple independent users is automatically and irreversibly deleted.

  • Individual files are deleted after three (3) unique reports
  • Entire rooms are deleted after ten (10) unique reports or after their expiration time (maximum twelve hours), whichever occurs first
  • These deletions occur automatically and without human review
  • Room creators can still delete files and ban users in their own rooms

False Reporting: Filing false or malicious reports may result in your access being restricted.

5. User Responsibilities

You are solely responsible for:

  • Key Management: Safeguarding your encryption keys. If you lose a key, files cannot be recovered
  • Content: Ensuring all content you upload complies with these terms and applicable laws
  • Room Security: Sharing room links securely and only with intended recipients
  • Accountability: All actions taken using the Service
  • Compliance: Complying with all applicable laws and regulations

6. No Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Availability or uptime guarantees
  • Data loss prevention
  • Security guarantees beyond our security measures

We do not warrant that the Service will be uninterrupted, secure, or error-free. We do not guarantee that files will be available for the full duration of their expiry period.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEMPSEND SHALL NOT BE LIABLE FOR:

  • Any direct, indirect, incidental, special, consequential, or punitive damages
  • Loss of data, files, or content
  • Loss of encryption keys
  • Service interruptions or downtime
  • Security breaches or unauthorized access (though we implement security measures)
  • Errors or bugs in the Service
  • Third-party actions or content
  • Any damages resulting from use or inability to use the Service

IN NO EVENT SHALL TEMPSEND'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO USE THE SERVICE (WHICH IS CURRENTLY ZERO, AS THE SERVICE IS FREE).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

8. Data Loss and Expiry

IMPORTANT WARNINGS:

  • Files and rooms automatically expire based on their expiry settings
  • Expired content is permanently deleted and cannot be recovered
  • If you lose your encryption key, files cannot be decrypted or recovered
  • We are not responsible for data loss due to expiry, key loss, or deletion
  • We recommend backing up important files before uploading
  • We do not provide data recovery services

9. Intellectual Property

Your Content: You retain all rights to content you upload. By uploading content, you grant TempSend a limited license to store and serve encrypted versions of your content solely for the purpose of providing the Service.

TempSend Content: The Service, including its design, code, and functionality, is the property of TempSend and is protected by copyright and other intellectual property laws.

Third-Party Content: You are responsible for ensuring you have the right to share any content you upload. TempSend is not responsible for copyright infringement by users.

10. Termination

We reserve the right to:

  • Terminate or suspend access to the Service at any time, with or without cause
  • Delete content that violates these terms
  • Ban users who violate these terms
  • Modify or discontinue the Service at any time

Upon termination, your access to the Service will cease, and your content may be deleted in accordance with our data retention policies.

11. Indemnification

You agree to indemnify, defend, and hold harmless TempSend, its operators, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

  • Your use of the Service
  • Content you upload or share
  • Violation of these Terms of Service
  • Violation of any law or regulation
  • Infringement of any third-party rights

12. Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding data collection and use.

13. Disclaimers

TempSend disclaims all responsibility for:

  • Content uploaded by users
  • Actions taken by users in rooms or chat
  • Loss of encryption keys
  • Data loss or corruption
  • Service availability or uptime
  • Third-party services or integrations
  • Security breaches beyond our reasonable control

14. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising from these terms or the Service shall be resolved in Swiss courts.

15. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and TempSend regarding the use of the Service and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • Email: [Your contact email]
  • Website: TempSend

18. Acknowledgment

By using TempSend, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use the Service.