Terms of Service

FileDuck offers:

• a free service to share files ("FileDuck File Sharing");
• additional features and functionalities.

Your use of and access to our services, software, websites (including browser extensions) and/or applications (together: "Services") are governed by these Terms of Service ("Terms"). The Services may be provided to you online, in the form of a mobile and/or desktop application(s) and/or may be integrated in a third party service. The Services allow you to upload, submit, store, share, receive, collect, capture and/or visualize your ideas, texts, graphics, videos, data, information, files, presentation decks or other content, including third party content used by you (together: "Content"). You retain all rights in and responsibility and liability for all Content. FileDuck does not claim ownership of your Content. The Services are provided to you as the user of the Services by FileDuck.

Applicability

You are only allowed to use the Services when aged 16 or older.

Please read the Terms carefully. By using the Services (directly with us or through a third party application, plug-in, extension or integration) you agree and accept these Terms and our Notice and Take Down Policy ("NTD Policy"). To the use of personal data and cookies in relation to the Services our Privacy & Cookie Statement applies.

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. FileDuck is not responsible for any third party services, terms and/or policies.

If you want to file a complaint or notice about unlawful Content being stored or shared via the Services or the FileDuck API, please read our NTD Policy.

If you become aware of a vulnerability in any of the Services, please read our Responsible Disclosure Policy.

FileDuck can amend the Terms from time to time. The amended Terms will become effective upon them being posted on FileDuck's website(s) and/or on FileDuck'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 FileDuck's website(s) and/or on FileDuck's mobile and/or desktop application(s). In the event you don't accept a change you can cancel your subscription.

These Terms supersede any and all prior oral and written quotations, terms, communications, agreements and understandings between you and FileDuck.

All clauses apply to all Services.

FileDuck File Sharing

FileDuck File Sharing allows you to share your Content with others.

To share your Content you need to upload it (to your local machine in a database managed by FileDuck) and provide us with (a limited number of) email addresses of recipient(s) ("email transfer").

Because no content is ever stored on FileDuck servers, you can send files of any size over any time period. FileDuck never has access to the contents of your files.

FileDuck is in beta and the basic functionality of FileDuck file sharing is (currently) free from registration and charge.

FileDuck does not have access to your files but cannot 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.

Content ownership, permissions and responsibility

FileDuck 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 link, can access the Content it's connected with.

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.

FileDuck 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.

FileDuck does not provide any public search function, catalogue or listing to find Content.

FileDuck may show you ads from advertisers and artists selected by FileDuck (such as full-page wallpaper ads) when you use the Services.

More information on the use of your personal data and cookies (including for performance marketing) is available in our Privacy & Cookie Statement.

Restrictions

FileDuck respects your rights and expects that you respect those of others, including FileDuck, 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.

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.

In addition, you agree not to:

• abuse, harass, stalk, intimidate, threaten, commit violence, or otherwise act unlawful, or encourage anyone else to do so;
• impersonate or falsely pretend affiliation with any person or entity;
• 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.

Violation of the Terms of Service

FileDuck reserves the right to investigate, provide to third parties, (temporarily) block and/or permanently delete from it servers, without prior notice or liability, any Content and/or accounts or to block anyone from accessing any part of the Services, when FileDuck ascertains, at its sole discretion or after receiving substantiated and valid complaints, that you breach these Terms or act in violation of any applicable law or regulation. More information is available in our Notice and Takedown Policy.

Intellectual property rights

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 FileDuck 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.

FileDuck 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.

You will always respect and observe the good name and reputation of FileDuck and ensure that your use of the Services will in no way prejudice any rights and/or the good name and reputation of FileDuck and its licensors.

Disclaimer and account registration

FileDuck provides the Services "AS-IS", without any warranty of any kind. Without limiting the foregoing, FileDuck explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. FileDuck 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 FileDuck 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.

FileDuck may change, terminate or expand its Services 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.

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, FileDuck reserves the right to delete the account. FileDuck is not liable for any loss or damage arising from the unauthorized use of your account.

Indemnity and Liability

You will defend, indemnify and hold harmless FileDuck (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.

The Services may provide integration with third-party services. You acknowledge that: (i) FileDuck is not responsible for any acts or omissions of such third-party services; (ii) that FileDuck 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.

FileDuck 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 FileDuck. In the event FileDuck is liable for damage under mandatory law, FileDuck's aggregate liability to you for any and all claims arising out of or in connection with the use of the Services will in no event exceed the amount of one hundred euro (EUR 100) per incident.

Waiver, Severability & Assignment

FileDuck's failure to enforce a provision is not a waiver of its right to do so later.

If any (part of a) provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

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 so close to the invalid part.

You may not assign any of your rights under these Terms. FileDuck is at any time entitled to assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services without your consent or any other restriction.

Applicable law and Jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with it will be governed by and construed and interpreted in accordance with UK law. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

Any disputes regarding these Terms will be submitted to the exclusive jurisdiction of the competent court in the UK.

Contact

You can contact FileDuck at legal@fileduck.com. If you have any questions, just send us an email.