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TERMS This document contains the conditions that apply to the use of the WeTransfer.com service.

In this document, amongst others, the following issues will be addressed: Creating an Account (Article 4); Use of the Service (Article 5); Intellectual Property Rights (Article 6); Availability (Article 7); Limitation of liability (Article 8); Applicable law (Article 10). For the WeTransfer.com Privacy Policy which applies to the collection of Personal Information by WeTransfer.com, please click here.

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Article 1 Definitions
In these Terms of Use the following terms are indicated with a capital letter. These terms have the following meaning: 1.1 1.2 1.3 1.4 Account: a personal section created and managed by you; Content: all the material sent by you when using the Service; Desktop Application: the application that enables you to. Intellectual Property Rights: all the intellectual property rights and associated rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighbouring rights as well as the rights to knowhow and one-line performances; Personal Information: information relating you that identifies or can identify you; Privacy Policy: WeTransfer.com policy regarding the collection and use of your Personal Information. Service: the service provided to you by WeTransfer.com by means of the Site and/or the Desktop Application and which is described on the Site and in Article 3 of these Terms of Use; Site: the website of WeTransfer.com, www.wetransfer.com, www.wetransfer.info as well as all the sub-domains or any other website hosted by WeTransfer.com; Terms of Use: these terms of use of WeTransfer.com; WeTransfer.com:

1.5 1.6 1.7 1.8 1.9 1.10

Article 2 Applicability
2.1 2.2 These Terms of Use are applicable to any use you make of the Service. WeTransfer.com may revise these Terms of Use and Privacy Policy from time to time. Each revision will be marked and will be posted on the Site. WeTransfer.com recommends that you review this page from time to time to mark any changes. If you do not agree with the amended or supplemented Terms of Use, the only option you have is to no longer use the Service and/or delete your Account. By continuing to use the Service, you agree to be bound by any Terms of Use and Privacy Policy in effect at the time of such use.

Article 3 Description of the Service


3.1 The Service enables you to send Content up to 2 GB to one of more recipients with a valid email address. WeTransfer.com offers the Service to you at no charge. The only software needed to access the Service is a standard web browser. It is possible to enter an other email address to which the primary given address will be linked. This will enable you to receive files at the other email address.

TERMS 3.2

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WeTransfer.com may also offer a Desktop Application which you can download on your computer.

Article 4 Desktop Application


4.1 If you have downloaded the Desktop Application, you must create an Account in order to use the Service. You guarantee that the information provided by you when creating the Account is complete, true and accurate. It is therefore not allowed to create an Account in the name of someone else. During the process of creating an Account, you must also provide a log-in name and password by which you can access the Account. You are responsible for keeping the log-in name and password combination confidential. You are therefore liable for all the use made of the Service via your Account. WeTransfer.com can therefore assume that you are indeed the person who has signed in with your log-in name and password. As soon as you know or have reason to assume that a log-in name and/or password has come into the hands of unauthorised persons, you should inform WeTransfer.com thereof notwithstanding your own obligations to take immediate effective measures such as for instance changing your password. WeTransfer.com reserves the right to change the log-in procedure, your password and/or your log-in name if it regards it as necessary in the interest of the operation of the Service.

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Article 5 Use of Service


5.1 You accept that the Service only includes the functionality and other characteristics as found in the Service at the time it is used. The Service is therefore delivered on an as is basis. The use of the Service is at your own risk. WeTransfer.com excludes expressly any explicit and tacit guarantees, undertakings and warranties of any nature whatsoever including, but not limited to, guarantees, undertakings and warranties with regard to the quality, safety, lawfulness, integrity and accuracy of the Service. You guarantee to WeTransfer.com that you are entitled to make use of the Service and that you will act in accordance with these Terms of Use. You are responsible for the activities performed via the Service, including the Content that is transferred by means of the Service. WeTransfer.com accepts no responsibility and/or liability for your use of the Service. Notwithstanding article 5.3, you guarantee you will not transfer any Content that: a. b. c. infringes on any applicable laws and/or regulations; infringes on any third party (intellectual property) rights; and/or contains any viruses, Trojan horses, worms other malicious software which might damage, render useless or inaccessible, delete or appropriate an automated work or data, and/or which may otherwise harm the computer systems of WeTransfer.com or any other users.

5.2 5.3

5.4

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If you breach any provision of this Terms of Use WeTransfer.com will have the right to immediately and without prior notice terminate your use of the Service.

Article 6 Intellectual Property Rights


6.1 All right, title, and interest in and to the Service is and will remain the exclusive property of WeTransfer.com and its licensors. Nothing in these Terms of Use is meant to assign any Intellectual Property Rights to you. Under the conditions as set out in these Terms of Use, WeTransfer.com grants you a limited right to use the Service. You are not entitled to use the Service for any other means than described in this Terms of Use and/or on the Site. It is expressly not allowed to reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform and/or transmit or otherwise use the Service and/or Site and/or parts thereof and/or to use it for direct or indirect commercial purposes.

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TERMS 6.3 6.4

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You are furthermore not entitled to reserve engineer, decompile and/or disassemble the Service or part thereof, unless explicitly allowed under mandatory law. You shall not perform any acts which may infringe upon the Intellectual Property Rights of WeTransfer.com such as registering domain names or trademarks which are similar or identical to any object of which WeTransfer.com has the Intellectual Property Rights. Furthermore, you may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without WeTransfer.coms prior written consent.

Article 7 Availability
7.1 WeTransfer.com does not guarantee that the Service will be accessible at all times and without any interruptions or failures. Failures in the Service can also occur, but not exclusively, as a result of failures in the internet or phone connection or by viruses or faults/defects. WeTransfer.com is not liable or obliged to you to pay compensation in any way whatsoever for any damage resulting or arising from the Service being (temporarily) unavailable or (temporarily) broken down, including but not limited to loss of data and Content. The technical requirements and facilities required in order to be able to use the Service including, but not limited to, hardware, internet connection and/or mobile telephones as well as the costs of their use, will be at your own expense. WeTransfer.com is entitled to put the Site and/or the Service (temporarily) out of service and/ or to reduce the use of it without any prior notification and without being obliged to pay compensation to you if WeTransfer.com deems this is necessary, for instance in connection with the reasonably required maintenance of the Site and/or the Service and/or procedural and technical changes or improvements WeTransfer.com is entitled to (temporarily) suspend and/or terminate your use of the Service and to delete Content and/or your Account if WeTransfer.com deems this necessary, for instance, but not limited to, situations in which the Content causes problems to the computers systems of WetTransfer.com and/or if you violate this terms of Use. WeTransfer.com does not accept any liability for suspending and/or terminating your use of the Service as described above.

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Article 8 Limitation of Liability


8.1 WeTransfer.com will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event WeTransfer.com is liable for damage under mandatory law, WeTransfers aggregate liability to you for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (100) per incident. The only action that you can take if you think that you have suffered damage is to discontinue the use of the Service and/or delete your Account. You indemnify WeTransfer.com against all claims by third parties on any ground whatsoever with regard to compensation for losses, costs or interests in connection with or resulting from your use of the Service and/or a violation of these Terms of Use and/or any other rights of third parties. However, this limitation of liability does not intend to exclude the liability of WeTransfer.com for the intentional and/or deliberate recklessness of WeTransfer.com themselves (their own acts) and or the management of WeTransfer.com.

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8.5

Article 9 Privacy Policy


9.1 During the provision of the Service, you will supply WeTransfer.com with Personal Information. This Personal Information will be saved and processed according to the Privacy Statement of WeTransfer.com and the applicable legislation and regulations.

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Article 10 Controlling Law and Jurisdiction


10.1 The rights and obligations arising out of or in connection with these Terms of Use and/or the use of the Service shall be governed, construed, interpreted and enforced according to the laws of the Netherlands. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Any suits, actions or proceedings that may arise between you and WeTransfer.com shall be instituted only in the competent courts of the Netherlands, unless stipulated otherwise by mandatory Dutch or international laws.

10.2

Article 11 Varia
11.1 These General Terms and Conditions supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties and shall apply in preference to and supersede any and all terms and conditions of any use of the Site by you and any other terms and conditions submitted by you. If these Terms of Use are or become partly invalid, you as well as WeTransfer.com continue to be bound to the remaining part. WeTransfer.com will replace the invalid part by clauses which will indeed be valid and of which the legal consequences considering the contents and purport of these Terms of Use correspond as much as possible with those of the invalid part. If you have any questions about this Agreement, please contact WeTransfer.com at legal@wetransfer.com.

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