Terms of Service

1. Service and Open Source Notice

‍Send Files is a service provided by Publishd Pty Ltd ("the Company"). This service utilizes the SFTPGo software as part of our backend. In accordance with the AGPLv3 license, the source code for our implementation is available upon request or at the official SFTPGo repository.

2. Commercial Use and Restrictions

‍You are granted a non-exclusive, non-transferable right to use the Service for personal or internal commercial purposes. However, you may not:

  • Sell, resell, rent, lease, or sub-license access to the Service to any third party.
  • White-label or "wrap" the Service as your own product without express written consent.
  • Use the Service to build a competing file-transfer product.

3. User Content and Agency

‍You retain ownership of all data ("User Content"). To operate the service, you grant the Company a license to host and move your content. For the Sync feature, you expressly appoint Publishd Pty Ltd as your agent to access and transfer data between your linked third-party accounts (e.g., Dropbox, Google Drive, Box, SFTP/FTP Servers or external email addresses).

4. Acceptable Use and Prohibited Content

You agree to use the Service only for lawful purposes. Publishd Pty Ltd maintains a zero-tolerance policy regarding the use of the Service for illegal activities. You are strictly prohibited from uploading, storing, or sharing any content that:

  • Illegal Acts & CSAM: Is illegal under the laws of Australia, the USA, the UK, or the jurisdiction in which you operate. This includes the storage or distribution of Child Sexual Abuse Material (CSAM) or any content that promotes human trafficking or non-consensual sexual content.
  • Intellectual Property Infringement: Infringes on any third-party intellectual property, including copyrights, trademarks, or patents. This specifically includes the unauthorized hosting or distribution of copyrighted media (e.g., movies, music, or software) for which you do not hold the distribution rights.
  • Malicious Activities: Contains malware, ransomware, viruses, or any harmful code intended to damage or provide unauthorized access to a computer system.
  • Fraud & Phishing: Is used to facilitate phishing, spoofing, or social engineering attacks, or to host deceptive pages designed to steal user credentials or financial information.
  • Spam & Network Abuse: Is used to host files that facilitate the sending of bulk unsolicited messaging (Spam) or to carry out Denial of Service (DoS/DDoS) attacks.

Monitoring and Enforcement: While we prioritize user privacy and do not proactively monitor all private content, we reserve the right to investigate reports of abuse. We may, at our sole discretion and without notice, remove any material and permanently terminate accounts found to be in violation of these terms. We cooperate fully with law enforcement agencies in the investigation of suspected illegal activity.

5. Copyright Policy (Takedown Procedure)

‍If you believe your copyright is being infringed on our platform, please email support@send-files.com with the specific URL and evidence of ownership. We act expeditiously to remove infringing content and maintain a "repeat infringer" policy, where users with multiple violations will have their accounts permanently closed.

6. Limitation of Liability and Indemnification

The Service is in a testing phase and provided "as is." Publishd Pty Ltd is not liable for data loss or service interruptions. You are responsible for your own backups.

In no event shall Publishd Pty Ltd, its directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of data, loss of profits, or service interruption, arising out of your use or inability to use the Service. You agree that you cannot hold us accountable for any failures of the Service. It is your sole responsibility to take the necessary steps to ensure that any data you transmit to the Service is securely backed up elsewhere.

You agree to indemnify and hold harmless Publishd Pty Ltd and its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.

7. Cancellation/Change of Mind/Right of Withdrawal Policy

Refunds are granted if the Service is found to be non-functional and our technical team cannot provide a resolution within 72 hours of a reported issue.

Refunds for 'change of mind' are at our sole discretion but will generally be honored within the first 7 days of service provided no significant data transfer (over 5GB) has occurred.

EU/UK Right of Withdrawal

‍Residents of the European Union and United Kingdom have the right to withdraw from their paid subscription within 14 days without giving any reason. However, by using the Service (uploading/downloading files), you expressly request that the service begins immediately.

Pro-Rata Deduction: If you exercise your right to withdraw after having utilized the service, we reserve the right to deduct a proportionate amount from your refund based on either your storage usage, or download usage (whichever is greater.)

  • Single Use Only: Once a user has withdrawn from a contract, they cannot generally re-subscribe and trigger a new 14-day withdrawal period for the same service.

8. Termination and Data Deletion Upon termination of a paid plan, we provide a 7-day grace period before permanent deletion. Free accounts are terminated after 180 days of inactivity.

9. Governing Law This agreement is governed by the laws of New South Wales, Australia. Nothing in these terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy implied or imposed by the Australian Consumer Law.