ClipSend Terms of Use (End User License Agreement)

Welcome to ClipSend. These Terms of Use ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and ClipSend ("we", "us", "our", or "Company") regarding your use of the ClipSend cross-device file transfer application and services, including our mobile applications (iOS and Android), web application (clipsend.io), and related services (collectively, the "Service").

Please read these Terms carefully before using our Service. By accessing, downloading, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you disagree with any part of these Terms, you may not access or use the Service.

You must be at least 13 years old (or 16 years old in the European Economic Area) to use this Service. By using the Service, you represent and warrant that you meet this age requirement.

2. Description of Service

ClipSend is a cross-device file transfer application that enables users to:

• Transfer files and text content between devices (mobile, web, desktop)
• Store files in cloud storage (AWS S3, Aliyun OSS, or custom S3-compatible storage)
• Share files via email notifications and push notifications
• Access file transfer history and manage devices
• Use premium features with a subscription (unlimited transfers, custom storage, extended retention)

3. User Accounts and Registration

3.1 Account Creation

To use certain features of the Service, you must register for an account by providing:

• A valid email address
• A secure password
• Acceptance of these Terms and Privacy Policy

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Providing accurate and complete information during registration

3.3 Third-Party Authentication

You may register or log in using third-party authentication services (Google Sign-In, Apple Sign-In). By using these services, you agree to be bound by their respective terms of service and privacy policies.

4. Service Usage and Restrictions

4.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Transmit, upload, or distribute any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringe upon intellectual property rights, privacy rights, or other rights of third parties
• Transmit viruses, malware, or any malicious code
• Attempt to gain unauthorized access to the Service, accounts, or systems
• Interfere with or disrupt the Service or servers
• Use automated systems or bots to access the Service without permission
• Reverse engineer, decompile, or disassemble the Service
• Use the Service for any commercial purpose without our prior written consent
• Impersonate any person or entity or misrepresent your affiliation with any entity

4.2 Service Limits

The Service may have usage limits depending on your subscription tier:

• Free Users: Limited to 10 transfers, files expire after 3 days
• Premium Users: Unlimited transfers, extended retention (up to 1 year), custom storage options

4.3 File Storage and Retention

• Free users' files are automatically deleted after 3 days
• Premium users can configure retention periods up to 1 year
• Files stored in custom S3 storage are managed by the user
• We are not responsible for files deleted due to expiration or user action

5. Subscription and Payment Terms

5.1 Premium Subscriptions

ClipSend offers premium subscription plans with additional features:

• Monthly Subscription: Auto-renewing monthly subscription
• Annual Subscription: Auto-renewing annual subscription (typically with discount)

5.2 Subscription Terms

• Subscriptions are auto-renewing unless cancelled
• Payment is charged to your Apple ID or Google Play account at confirmation of purchase
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage subscriptions and turn off auto-renewal in your device's account settings

5.3 Pricing and Changes

• Subscription prices are displayed in your local currency
• We reserve the right to change subscription prices with advance notice
• Price changes will not affect your current subscription period
• Future renewals will be charged at the new price

5.4 Cancellation and Refunds

• You may cancel your subscription at any time through your device's account settings
• Cancellation will take effect at the end of the current billing period
• You will continue to have access to premium features until the end of your billing period
• Refunds are subject to Apple's and Google Play's refund policies
• We do not provide direct refunds; all refund requests must be processed through the respective app store

5.5 Free Trial

If offered, free trial periods are subject to the following terms:

• Free trials automatically convert to paid subscriptions unless cancelled
• You may cancel during the free trial period to avoid charges
• Free trial eligibility is limited to one per user

6. Intellectual Property Rights

6.1 Service Ownership

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of ClipSend or its content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 User Content

You retain ownership of any content you upload, transmit, or store through the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to:

• Store, process, and transmit your User Content as necessary to provide the Service
• Display, distribute, and perform User Content as permitted by your use of the Service
• Create derivative works (such as thumbnails, previews, or summaries) for Service functionality

6.3 License to Use Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

7. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

Privacy Policy: https://clipsend.io/privacy-policy-overseas.html

8. Third-Party Services and Content

8.1 Third-Party Integrations

The Service integrates with third-party services including:

• Firebase (Google): Authentication, push notifications, real-time database
• Cloud Storage Providers: AWS S3, Aliyun OSS, or your custom S3-compatible storage
• RevenueCat: Subscription and payment processing
• SendCloud: Email delivery services

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of third-party services.

8.2 Third-Party Links

The Service may contain links to third-party websites or services. We do not endorse or assume responsibility for the content, privacy policies, or practices of third-party websites or services.

9. Disclaimers and Limitation of Liability

9.1 Service Availability

We strive to provide reliable service but do not guarantee:

• That the Service will be available at all times or error-free
• That files will be permanently stored or accessible
• That the Service will meet your specific requirements
• That any defects or errors will be corrected

9.2 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIPSEND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Unauthorized access to or alteration of your transmissions or data
• Any conduct or content of third parties on the Service
• Any other matter relating to the Service

9.4 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless ClipSend, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

11. Termination

11.1 Termination by You

You may terminate your account at any time by:

• Deleting your account through the Service settings
• Contacting us at support@clipsend.io

Upon termination, your access to the Service will cease, and your account data may be deleted in accordance with our Privacy Policy.

11.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms or our Privacy Policy
• You engage in fraudulent, abusive, or illegal activity
• Your account is inactive for an extended period
• We are required to do so by law

11.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• You will lose access to your account and stored files
• We may delete your account data in accordance with our Privacy Policy
• Provisions that by their nature should survive termination will remain in effect

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page with an updated "Last Updated" date
• Sending email notifications to registered users (for material changes)
• Displaying a prominent notice in the Service

Your continued use of the Service after changes become effective constitutes acceptance of those changes. If you do not agree to the modified Terms, you must stop using the Service and may delete your account.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where ClipSend operates, without regard to its conflict of law provisions.

13.2 Dispute Resolution Process

In the event of any dispute arising out of or relating to these Terms or the Service, the parties agree to:

1. First attempt to resolve the dispute through good faith negotiation
2. If negotiation fails, engage in mediation through a mutually agreed mediator
3. If mediation fails, resolve the dispute through binding arbitration in accordance with applicable arbitration rules

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. General Provisions

14.1 Entire Agreement

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

14.2 Severability

If any provision of these Terms 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.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms to any successor entity in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms resulting from acts beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet failures.

15. Contact Information

16. Acknowledgment

Last Updated: October 26, 2025