Last updated September 23, 2023 

AGREEMENT TO OUR LEGAL TERMS 

We are WeSendit Media Ltd (“WeSendit“, “Company,” “we,” “us,” “our“), a company registered in Switzerland at Baarerstrasse 8, 6300 Zug. Our VAT number is CHE-305.318.617. 

We operate the website: https://www.wesendit.com/  https://mvp.wesendit.com (the “Site“ or “Sites“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“). 

You can contact us by phone at +41 79 899 44 33 email at support@wesendit.com, or by mail to Baarerstrasse 8, 6300 Zug, Switzerland. 

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“, “Customer“), and WeSendit, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. 

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. 

We recommend that you print a copy of these Legal Terms for your records.  

1. OUR SERVICES 

1.1  WeSendit offers its Customers a robust digital infrastructure that enables them to effortlessly upload, transmit, and securely store data. Our services encompass various functions, including data transmission over the Internet and its storage and accessibility for designated recipients. 

1.2 The utilization of WeSendit services is generally free of charge. Non-registered users are provided with a generous data volume of up to 2 gigabytes (GB) per upload, which can be shared with a maximum of three chosen recipients. WeSendit is committed to ensuring the utmost security and confidentiality of transmitted data by employing encrypted connections. 

1.3 WeSendit strives to maintain uninterrupted availability of our platform and its associated services 24/7. However, occasional interruptions or limitations may arise due to routine maintenance, technical challenges, or unforeseen circumstances. While WeSendit cannot guarantee uninterrupted service availability, rest assured that we are dedicated to promptly restoring services in the event of disruptions or downtime. Your data’s accessibility and security remain our top priorities. 

1.4 The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

1.5 The Services are not tailored to comply with industry-specific regulations (e.g. financial regulations, etc.), so if your interactions would be subjected to such laws, you may not use the Services.  

2.INTELLECTUAL PROPERTY RIGHTS 

Our intellectual property 

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). 

Our Content and Marks are protected by the relevant copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties. 

The Content and Marks are provided in or through the Services “AS IS”. 

Your use of our Services  

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services. 

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@wesendit.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. 

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. 

Your submissions 

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you use our Services. 

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law. 

3. USER REPRESENTATIONS 

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

4. USER REGISTRATION 

As part of the Web2 registration process, you will need to create an Starter Trial, Basic, Pro or Business account, including a username & password. The password must be at least eight characters long and should contain a combination of letters, numbers and special characters. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach. 

5. SOLUTIONS, PLANS, PRICING, PURCHASES AND PAYMENT 

We offer our Services on two different platforms: 

• Web2 
• Web3 

Web2

Web2 users are Customers who use WeSendit’s services based on traditional Web 2.0 technology. These are centralized platforms where users can share content, interact and collaborate. Examples of Web2 services are social networks, cloud storage platforms and collaborative tools. In relation to our file transfer & storage platform wesendit.com, a Web2 User refers to Customers using the Basic, Pro and Business Packages to manage, share and transfer their files. 

Web3 

Web3 users, on the other hand, use services based on Web3 technology. Web3 stands for the next generation of the internet, which is built on blockchain and decentralized technologies. Web3 services offer increased security, transparency, and control over one’s own data and enable direct peer-to-peer interactions without central intermediaries. 

At WeSendit, Web3 users are customers who use the storage upgrade via decentralized Web3 storage providers with the use of the WSI WeSendit Utility Token. Further information on WeSendit’s Web3 services can be found on the website https://wesendit.io and in the white paper: https://docsend.com/view/p6nvtkkgrim59tw7.  

Plans and Pricing 

In general, in both, our Web2 and Web3 Services, we offer different price plans such as “Basic”, “Pro”, and “Business”. The details of each individual price plan can be found on our website. 

We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product, service, subscription, or plan is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). 

While Customers can pay for our Web2 Services using regular payment methods, such as PayPal, our Web3 Services can only be used by using WSI-Tokens. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method (Web2), and payment card expiration date (Web2), so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.  

You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. 

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 

We work with the following payment providers: 

• Worldline 
• Datatrans 
• PayPal 

Worldline 

WeSendit relies on the renowned payment service provider Worldline to provide our customers with a secure and user-friendly payment experience. Worldline is a leading provider of electronic payment services with many years of experience and expertise in payment processing. 

By working with Worldline, we can ensure high security standards. Worldline uses state-of the-art encryption technologies to protect the confidentiality and integrity of our customers’ payment data. In this way, your payments can be processed safely and securely for our customers. 

In addition, Worldline offers a wide range of payment methods, including credit cards, debit cards and alternative payment options. This variety allows you to choose your preferred payment method and make a seamless and convenient transaction. 

Partnering with a respected and established payment service provider like Worldline underlines our commitment to the professionalism and trustworthiness of payment processing at WeSendit. We want to ensure that your payments are processed reliably, securely and efficiently. 

Datatrans

As a Swiss company, we rely on trusted Swiss payment service provider Datatrans to provide you with a secure and smooth payment experience. Datatrans has an outstanding reputation, many years of experience and reliability in payment processing. 

Datatrans attaches great importance to security and data protection. They use advanced technologies such as SSL encryption and fraud prevention measures to protect our customers’ sensitive payment data. This means you can be sure that your payments are processed confidentially and securely. 

In addition, Datatrans offers a wide range of payment methods and currencies to provide you with a flexible and user-friendly payment experience. You can seamlessly use credit cards, debit cards and alternative payment methods and process payments in real time. 

By partnering with an established and trusted payment service provider such as Datatrans, we can guarantee you a high quality of service and trustworthiness when processing payments for our customers. 

PayPal 

In case you are using our Web2 Pro and Business Services, you have the option of using PayPal as a payment method. PayPal is a leading global provider of online payment services and stands for security and user-friendliness. 

By integrating PayPal as a payment provider, we enable you to process your payments easily and quickly. PayPal offers a variety of payment methods, including credit cards, debit cards and direct debits from your bank account. This gives you the flexibility to choose the payment option that is most convenient for you. 

PayPal is characterised by robust security measures. The platform uses advanced encryption technologies to ensure the confidentiality and security of your payment data. Inaddition, PayPal offers buyer protection that gives you extra peace of mind during transactions. You can rest assured that your payments are protected. 

The integration of PayPal as a payment option underlines our commitment to high standards of security, ease of use and global accessibility. Partnering with a reputable payment service provider like PayPal adds to the professionalism and trustworthiness of payment processing at WeSendit and ensures that you experience a smooth and reliable payment process. 

As a Web2 Basic, Pro and Business customer, you can choose from the following payment methods: Visa, Mastercard, American Express and PayPal. Billing is according to the selected subscription plan (monthly/annually). The Basic, Pro and Business subscription is automatically renewed monthly or annually until revoked by cancelling or deleting the account. 

Please note that the use of the payment services of Worldline, Datatrans and PayPal is subject to their respective terms of use and privacy policies. 

6. STARTER TRIAL 

We offer a 14-day trial to new users who register with the Service. The account will not be charged, and the subscription will be suspended until upgraded to a paid version at the end of the trial phase. Unused trial accounts will be deleted after 60 days. 

7. CANCELLATION AND ACCOUNT DELETION 

Cancellations 

All purchases are non-refundable. You can cancel your subscriptions at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. 

Account deletion 

At WeSendit, we acknowledge that there may be various reasons prompting you to consider deleting your member account. We are committed to offering a transparent and secure solution, but we also want to make you aware of the potential implications associated with account deletion. 

When you choose to delete your account, it’s essential to understand that we adhere to a 60-day retention period for your data, primarily for security and data protection reasons. During this period, your data and information will remain securely stored within our systems before undergoing permanent and irreversible deletion. 

This retention period serves to provide you with ample time for reflection and ensures that you do not inadvertently lose any crucial data or information that you may require in the future. Following the 60-day period, your data will be meticulously and permanently removed from our systems. 

However, we respect your unique needs and preferences concerning your data. If you wish to expedite the deletion of your data before the 60-day period elapses, please don’t hesitate to inform us. You can reach out to us via the contact form or by sending an email to support@wesendit.com with your deletion request. Our dedicated support team will promptly process your request and delete your data according to your specifications. 

It’s crucial to recognize that the premature deletion of your data is irreversible, and once deleted, it cannot be restored. Therefore, we strongly advise you to back up any essential data before initiating the deletion process to ensure you can retrieve it if needed. 

Our primary objective is to offer you the highest level of service while safeguarding your privacy. If you have any additional questions or require clarification regarding account deletion and data retention, please do not hesitate to reach out to us. Our dedicated support team is always available to assist you. 

Outstanding payments and account deactivation:

We believe in keeping you well-informed about the potential consequences of delayed payments and account deactivation so that you have a clear understanding of what may transpire if payments are not made on time. 

Please be aware that after three failed payments, your account will be subject to deactivation. Account deactivation entails a temporary loss of access to your data and services. It’s important to note that, following account deactivation, your data will be scheduled for deletion within 60 days. 

Hence, it is of utmost importance to ensure that your payments are completed punctually and successfully to prevent service interruptions and safeguard your data. We strongly recommend verifying that your Web3 Wallet in WSI or your chosen means of payment maintains sufficient funds. Additionally, ensure that your payment information is accurate and up-to-date to avoid unintended account deactivations. 

In the event of any outstanding payments, pending account deactivation, or imminent data deletion, rest assured that we will promptly notify you through both your dashboard and email. We are committed to keeping you informed about the status of your account, offering ample time to settle outstanding payments and restore access to your account. 

Should you have any questions or uncertainties regarding outstanding payments, account deactivation, or the potential deletion of your data, we are always here to assist you. Please feel free to reach out to us at your convenience. Our dedicated support team is ready and eager to address any issues or concerns you may have. Your satisfaction is our top priority, and we are here to help ensure a seamless experience for you. 

If you are unsatisfied with our Services, please email us at support@wesendit.com or call us at +41798994433. 

8. PROHIBITED ACTIVITIES 

You may not access or use the Services for any purpose other than that for which we make the Services available. You are responsible for what you store or send by using ours Services. 

As a user of the Services, you agree not to: 

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. 

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. 
• Use any information obtained from the Services in order to harass, abuse, or harm another person. 
• Make improper use of our support services or submit false reports of abuse or misconduct. 
• Use the Services in a manner inconsistent with any applicable laws or regulations. 
• Engage in unauthorized framing of or linking to the Services. 

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. 
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 

• Delete the copyright or other proprietary rights notice from any Content. 
• Attempt to impersonate another user or person or use the username of another user. 
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. 
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. 

• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. 
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services. 
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software. 
• Use a buying agent or purchasing agent to make purchases on the Services. 

• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise. 

9. CONTRIBUTIONS / PROHIBIT CONTRIBUTIONS / MEASURES 

We may provide you with the opportunity to transmit, store, distribute, or broadcast content and materials on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). As such, any Contributions you transmit may be treated in accordance with our Privacy Policy. When using our Services, you thereby represent and warrant that: 

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. 
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. 

• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms. 
• Your Contributions are not false, inaccurate, or misleading. 
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 

• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. 
• Your Contributions do not violate any applicable law, regulation, or rule. 
• Your Contributions do not violate the privacy or publicity rights of any third party. 
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 

• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation. 

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services. 

At WeSendit, safeguarding the security and integrity of our platform is paramount. To achieve this, we have established a set of measures in the event of a breach of our guidelines: 

Blocking Access 

If we identify content that violates our guidelines or a user engaging in such activities, we retain the right to block their access to WeSendit, regardless of their membership level (Starter Trial, Basic, Pro, or Business). This action is taken to restrict their access to our platform. 

Data Deletion 

In instances of policy breaches, we have the authority to remove data associated with the responsible member. This deletion aligns with our privacy policy and is irreversible. 

Criminal Prosecution 

We take violations of our regulations very seriously and may pursue legal action against customers who breach our guidelines, seeking compensation for any damages incurred. We maintain close collaboration with law enforcement agencies and relevant authorities to combat illicit activities, ensuring the safety of our platform and its users. 

Automated Monitoring 

We are committed to providing you with a comprehensive understanding of how cloud storage services like WeSendit utilize automated systems for content monitoring. Our platform employs advanced algorithms and cutting-edge technologies to continually analyze and identify potentially inappropriate or illegal content in real-time. These proactive measures are designed to preserve the integrity, security, and legality of shared content on our platform. 

At WeSendit, your safety and trust are of paramount importance to us. We strongly encourage our users to promptly report any policy violations they encounter. Please rest assured that all reports are treated with the utmost confidentiality by our support team. Upon receiving a report, we take appropriate actions to review and, when necessary, address the reported violations. 

We encourage you to use WeSendit responsibly, respecting the rights of fellow users and adhering to applicable laws and regulations. By working together to identify and remove inappropriate or illegal content from our platform, we can collectively nurture a secure environment for sharing digital data. Your active involvement is pivotal in preserving the integrity and value of our platform. 

10. CONTRIBUTION LICENSE 

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of our Privacy Policy and your choices (including settings). 

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

11. SERVICES MANAGEMENT 

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. 

12. PRIVACY POLICY 

We care about data privacy and security. Please review our Privacy Policy:   https://wesendit.io/privacy-policy/.  

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Switzerland. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Switzerland, then through your continued use of the Services, you are transferring your data to Switzerland, and you expressly consent to have your data transferred to and processed in Switzerland. 

13. TERM AND TERMINATION 

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

14. MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith. 

15. CORRECTIONS 

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. 

16. DISCLAIMER 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

17. LIMITATIONS OF LIABILITY 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

18. INDEMNIFICATION 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

19. USER DATA 

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

21. CALIFORNIA USERS AND RESIDENTS 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 

22. MISCELLANEOUS 

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms. 

23. SEVERABILITY CLAUSE 

If any provision of these Terms and Conditions is invalid, void or unenforceable in whole or in part, the remaining provisions shall continue to be valid and enforceable in full. In place of the invalid provisions, a valid provision shall apply that comes as close as possible to the economic purpose of the invalid provision. 

24. GOVERNING LAW / JURISDICTION 

These Legal Terms are governed by and interpreted following the laws of Switzerland, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. WeSendit and yourself both agree to submit to the exclusive jurisdiction of the courts of Zug, Switzerland. 

25. CONTACT US 

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: 

WeSendit Media Ltd 
Baarerstrasse 8 
6300 Zug 
Switzerland 
Phone: +41798994433 
support@wesendit.com