GTC File Sharing & File Management

WeSendit Media AG ("WeSendit") provides technical services for the electronic transmission, storage, organization, management, and provision of digital content.

The services include in particular File Sharing, File Management, and associated functions for data management, archiving, collaboration, and individual brand integration.

WeSendit acts solely as a technical infrastructure and platform provider. WeSendit does not act as a publisher, content provider, or controller of the content transmitted or stored by the user.

A user contract is established upon registration of a user account, a subscription, and/or through the use of a corresponding service from WeSendit.

The services are offered in different performance levels. The current scope of services is derived from the product and tariff descriptions published on the platform.

Free offerings may be subject to functional, technical, or time restrictions. WeSendit reserves the right to adapt, restrict, or discontinue free services at any time.

Paid offerings include additional functions in accordance with the booked tariff. The current scope of services is listed under the product information page at https://www.wesendit.com/plans-and-pricing

The "File Sharing" service allows the electronic transmission of digital files to recipients designated by the user.

The provision of the files can be limited in time or, depending on the chosen product model, permanent.

WeSendit provides a technical infrastructure for encrypted transmission and storage. The choice of recipients and the decision on release, access rights, and availability rest solely with the user.

WeSendit does not become a contract partner of the recipients nor responsible for the use or distribution of transmitted content by third parties.

The "File Management" service allows storage, organization, management, archiving, and technical control of digital content.

Users can manage, structure, share, migrate, archive, or delete content. All decisions regarding the use and management of the data remain with the user.

WeSendit provides the necessary technical tools but assumes no responsibility for the contents of stored data.

WeSendit continuously develops its services and reserves the right to adapt, merge, or discontinue products, service scopes, feature packages, storage quotas, pricing structures, and subscription models at any time.

If such an adjustment affects existing paid subscriptions, the affected user will be informed in due time before the change takes effect. Notification will be in an appropriate form, in particular via email, within the user account, or via other electronic communication channels.

If an existing subscription is discontinued or significantly modified, WeSendit is entitled to migrate the user to an equivalent or higher-value follow-up subscription. The modified services and the future prices will be communicated transparently.

From the date of notification, the user receives an extraordinary termination right. The user can terminate the affected subscription up until the changes take effect.

If the user does not object to the announced adjustment within the notified period or continues to use the services after the adjustment takes effect, this is deemed as consent to the migration to the new subscription model.

Automatic migration occurs solely for the purpose of maintaining service delivery and does not establish a claim to the preservation of historical products, prices, or performance scopes.

Depending on the product model, storage may occur via selected cloud infrastructures of external providers.

These providers are carefully selected and must meet defined safety, privacy, and compliance requirements. Notwithstanding this, they remain legally independent companies with their own infrastructure responsibility.

WeSendit assumes no liability for outages, service interruptions, or data losses that are solely due to technical malfunctions or breach of duty by such third-party providers.

Storage locations may differ geographically depending on the chosen product or provider, unless an express location agreement has been made.

The WeSendit Node Network is a decentralized storage infrastructure developed by WeSendit Media AG.

Storage is encrypted and technically fragmented across a network of independent node operators who are subject to contract, regulatory, and technical requirements of WeSendit.

The decentralized architecture prevents individual participants from accessing complete and legible content.

WeSendit ensures the technical coordination of the network but is not liable for the failure of individual nodes, provided that the overall functionality of the network remains guaranteed.

WeSendit may allow the user to manage storage solutions from various external providers via a single user interface.

In these cases, WeSendit acts solely as a technical intermediary and orchestrator. Contractual partners regarding the actual storage performance remain the respective third-party providers.

The respective business conditions, data protection provisions, and service levels of the providers apply to their services.

Certain paid offerings allow the use of an individual Branding Channel.

The Branding Channel allows integration of own trademarks, logos, graphics, and other design elements within the sharing environment.

Responsibility for all content and designs rests solely with the user. The user guarantees they possess all necessary rights for this purpose.

WeSendit reserves the right to restrict, suspend, or permanently deactivate Branding Channels if legal violations, security risks, or abusive uses are detected.

There is no claim to the permanent provision of a Branding Channel if objective reasons for restriction exist.

The user is solely responsible for the legality of all uploaded, transmitted, stored, or managed content.

The user guarantees that the use of the services does not violate any statutory provisions, official orders, third-party rights, or contractual obligations.

In particular, the user ensures they have all copyright, trademark, privacy, data protection, and other required rights.

The user is obliged to protect their access data appropriately and take suitable security precautions.

Use of the services for unlawful or abusive purposes is prohibited.

Prohibited actions include in particular content or actions that violate applicable law, infringe protection rights of third parties, contain discriminatory, extremist, or criminal content, distribute malware, or affect the technical infrastructure.

Also prohibited are manipulation attempts, bypassing technical protection mechanisms, or actions that threaten the security or availability of the services.

WeSendit endeavors to ensure high availability of the services. However, uninterrupted or error-free provision cannot be guaranteed at all times.

Maintenance, security updates, technical developments, or infrastructural adjustments may cause temporary limitations.

WeSendit reserves the right to adapt services, functions, technical parameters, or infrastructure partners if this is objectively justified and reasonable for the user.

WeSendit is entitled to take appropriate measures if there are concrete indications of legal violations, security risks, or abusive use.

This includes in particular blocking content, restricting individual functions, deactivating Branding Channels, temporary suspension of services, and extraordinary termination of the user relationship.

To the extent legal obligations, official orders, or court decisions exist, WeSendit is entitled to disclose data or implement corresponding measures.

WeSendit provides its services as a technical infrastructure and platform provider. The services are provided with due diligence, according to recognized technical standards, and using appropriate technical and organizational security measures.

WeSendit is liable for damages exclusively to the extent they are proven to be based on intentional or grossly negligent behavior of WeSendit. Liability for light negligence is excluded to the extent permitted by law.

WeSendit assumes no liability for content, data, or information uploaded, stored, transmitted, managed, or made accessible to third parties by users. Responsibility for legality, completeness, correctness, and admissibility of content lies solely with the respective user.

WeSendit is further not liable for actions or omissions of recipients of transmitted files, for the redistribution of content by third parties, or for the use of Branding Channels, brand contents, or other design elements provided by users.

Insofar as services are provided in whole or in part through the inclusion of external infrastructure partners, cloud providers, node operators, payment service providers, or other third-party providers, WeSendit is not liable for their behavior, performance disruptions, failures, or contract violations, provided these lie outside WeSendit's immediate sphere of influence.

To the extent permitted by law, any liability for indirect damages, consequential damages, lost profits, lost revenues, business interruptions, reputational damages, data loss, or claims of third parties is excluded.

The user acknowledges that digital communication, storage, and network infrastructures can be subject to technical limitations, operational risks, cyberattacks, failures of external networks, and other unpredictable events despite reasonable security precautions. Continuous availability of the services and absolute data security cannot therefore be guaranteed.

The user is obliged to take appropriate backup measures and perform independent data backups as required. WeSendit assumes no liability for damages resulting from the user's failure to back up their data.

The above liability limitations also apply in favor of organs, employees, agents, node operators, sub-processors, and other vicarious agents of WeSendit Media AG.

WeSendit reserves the right to adapt these General Terms and Conditions at any time if necessary due to technical developments, legal requirements, changes in services, or other objective reasons.

Users will be informed of significant changes in an appropriate form. If the user does not object to the amended conditions within the notified period or continues to use the services after they take effect, the changes are deemed accepted.

Mandatory statutory rights of the user remain reserved.

All legal relations between the user and WeSendit Media AG are subject exclusively to Swiss substantive law, excluding conflict of law rules and international agreements.

The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and the use of services is Zug, Switzerland, unless mandatory statutory provisions dictate otherwise.

Should individual provisions of these GTC be or become wholly or partially invalid, illegal, or unenforceable, the validity of the remaining provisions remains unaffected.

In place of the invalid or unenforceable provision, a regulation that comes closest to the economic purpose of the original provision shall apply.

These General Terms and Conditions, together with the documents listed below, form the legal basis for the use of WeSendit Media AG services:

Data Sovereignty, Termination, Contract End and Data Deletion, Privacy & Cookie Policy, Use of Sub-processors, Notice and Takedown Policy, Content Moderation Policy, Philosophy & Guidelines, Responsible Disclosure, Trademark Protection, Brand Usage Policy.