Terms of Service
These Terms of Service constitutes an offer to conclude an agreement between you and ByMyFile. The agreement will govern your use of our services and comes into effect as of your first use of our services. The services include the use of the “ByMyFile” website.
Please read carefully these Terms of Service before starting to use our Platform. By using our Platform, you accept these Terms of Service and the Privacy Notice in full. If you disagree with any part of these Terms of Service, please don’t use the Platform.
GENERAL PROVISIONS
BYMYFILE is a file exchange service that allows you store and exchange files through the Platform.
You can store files on the platform for free for unlimited days from the moment of the uploading without registration.
You may:
use the file storage for personal purposes;
In order to provide anonymous access to the file on the file sharing service to unauthorized persons, send them an access key. By providing the access key, you give to third parties the right to use, store, record, play, transfer, display and delete files.
REGISTRATION AND DELETION
To use certain services of the Platform (e.g. use a paid account), you must register an account first.
During registration, you will be required to provide contact information that may include your phone number, e-mail address, and username.
For the safety of his/her account, we will require you to create password. Safeguard your password to the Platform and keep your account information up-to-date. Don’t share your account credentials or give others access to your account.
PAID ACCOUNT
To increase your storage space and add a paid functiond, you will be required to register an account and pay for the storage services.
After you pay off our services, your user account will be upgraded to the Paid Account. You will be able to store files as long as you have a relevant subscription to the Platform
Dear users, when paying for a subscription, please pay attention:
Different tariff plans are not cumulative. Buying a tariff plan of a certain volume, which differs from the current one, you get the purchased volume. At the same time, the shelf life of your files will be recounted, to the larger side (if you bought a volume less), and the smaller side (if you bought a volume more).
Activation of a new tariff plan occurs automatically after payment.
Deleting an account implies the end of using our services, but a refund is made upon request to our support service [email protected], in case of not timely contact (within 14 days), the funds are not returned.
PAYMENT CONDITIONS
You can make the payment using cashless payment systems, by the method indicated in a corresponding webpage on the Platform.
After initial payment, we’ll automatically bill you from the date you convert to a paid account and on each periodic renewal until cancellation 14 days before the end of the tariff plan. You can withdraw the automate billing on the user account page.
If you have a Premium account, we will send you an email notification or notification on other communication channels you specify (for example, SMS, Viber) with a reminder that your subscription must be renewed within a reasonable period of time until it is automatically renewed.
AGE OF USERS
To use our Platform, you must be at least 16 or older, if it is required by your local data protection laws and local requirements for the age of digital consent. Please check your local law for the age of digital consent and age for lawful data processing. If you don’t meet these age requirements, you may not use the Platform. Parents or legal guardians may not agree to these Terms of Service on your behalf.
If we become aware that a person under the age of 16, or the minimum age for entering into transactions and legal data processing, which is set by applicable law to such person, provided us or attempted to provide us with personal information and registered an account, we will make all possible efforts to delete such information from the files of our Platform and delete the account of such a person.
ACCEPTABLE USE
You may use our Platform for lawful purposes only and only in the ways consistent with the law. You must not copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all the source code of the Platform.
You must not use our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access, test, scan or probe the vulnerability of our Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
Also, you must not do the following:
Upload materials of pornographic or erotic nature, photos and videos, as well as any other pornographic content, materials containing extreme acts of violence, discriminatory statements, terrorist nature and/or calls for violence;
Use or upload to the Platform materials containing automated programs for collecting information or interaction with the Platform (e.g. “scraping”, “crawling”);
Send spam or any other unsolicited communications, deceptive, altered or false information, including “phishing” and “fake news”or upload such materials to the Platform;
Upload materials violating intellectual property rights or other rights of third parties;
Upload materials violating privacy or personal data protection of other people;
Abuse referrals or promotions to get more storage space than deserved;
Harass or abuse our personnel or representatives or agents performing services for you;
and Upload materials containing any viruses, malicious code, programs sorting the file numbers or otherwise creating a high load on the Platform, as well as programs that may damage the Platform and/or cause the failure of the Platform hardware or software and/or otherwise disrupt its normal operation.
For certain tariff plans, we reserve the right to change the terms of service, including, but not limited to, to decrease/increase the daily traffic that you can use.
We are not responsible for the content you post and share via the Platform. However, we may review your conduct and content for compliance with these Terms of Service.
In case we identify that you are in breach of the Terms of Service and, in particular, of the “Acceptable Use” paragraph, we reserve the right to remove or block uploaded content. We also have right to suspend or terminate your account due to such violations.
SOFTWARE
Some of our services allow you to download software, which may update automatically. We give you a limited, nonexclusive, nontransferable, revocable license to use the software, solely to access the Platform. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Platform, attempt to do so, or assist anyone in doing so.
INTELLECTUAL PROPERTY RIGHTS
We have all the necessary rights to, including all trademarks, service marks, logotypes, brands, marks and other markings, copyrights, including proprietary intellectual property rights to the code, Platform design and other not specified objects of intellectual property.
Except as expressly set forth in the Terms of Service, we and you do not grant each other any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property.
You must not copy, modify, create a derivative work of, translate, distribute or otherwise use any movies or other video files provided by bymyfile on the Platform.
Intellectual property rights infringement:
We respect intellectual property right, especially copyright, and from you to respect intellectual property as well.
If you believe the content on the Platform was copied or used in violation of the copyright, please contact us by the following email address: [email protected]. The notification of an alleged copyright infringement shall be done in accordance with applicable law.
We reserve the right to remove or block files, if we are notified that they infringe the copyright and suspend or terminate the respective account.
PRIVACY POLICY
Our use of personal information you supply to the Platform, especially contact information, information from your social networks accounts and any information about your use of the Platform is subject to our privacy policy, specified in the by law.
DENIAL OF RESPONSIBILITY
We hereby declare and warn that we are not responsible for:
the legality of your use of content (video, audio and other materials) that you post on our website;
for the accuracy of the information and content of the content that you post;
for the quality of goods / services purchased by you or any third party, after viewing advertising messages (banners, videos, etc.) posted on the website, and their possible non-compliance with generally accepted standards or expectations;
Under no circumstances shall we be liable to you or any third parties for any direct, indirect, unintentional damage, including lost profits or lost data, harm to honor, dignity or business reputation, caused in connection with the use of our platform to post content or results intellectual activities posted on the website.
You guarantee and independently bear responsibility to third parties for compliance with the law of the content content, for the legality of using the content, its placement, distribution, accessibility for third parties and further use.
In the event that we receive claims, claims from third parties regarding the unlawful use of content, violation of intellectual property rights on our website, we will send you a notification of violation of the rights of third parties and indicate the period for removal of the relevant content from our website.
In case of failure to comply with the requirement regarding the removal of content, we reserve the right to independently remove the content, which we additionally warn you about.
In the event of a repeated violation, we reserve the right to remove content on our own and to suspend / restrict / block access to you, by which we will send a corresponding notification.
DISCLAIMER OF WARRANTIES AND LIABILITY
We do not guarantee that our Platform is error-free, reliable or will operate without interruption. Our Platform works on the “as-is” principle.
To the extent permitted by law, we hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Platform or in connection with the use, inability to use, or results of the use of our Platform, any websites under the links on our Platform or linked to them, and any materials posted on the Platform. These loss and damages include, but are not limited to loss of income or revenue, loss of business, profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, loss of access to any website or any loss caused by your use of the Platform.
However, nothing in these Terms of Service shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability, which cannot be excluded or limited under applicable law.
You agree to defend, indemnify and hold harmless us, our employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses that arise from your use or misuse of our Platform.
THIRD-PARTY SERVICES
Our Platform may contain links to third-party websites and services. We are not responsible for the content, terms and conditions or privacy policies of third-party websites.
We encourage you to be aware when they leave our Platform and to read their terms of use and privacy statements of the websites that collect personally identifiable information.
CHANGES TO THE TERMS OF SERVICE
We may change the Terms of Service from time to time.
We advise you to check this page occasionally to ensure you are happy with any changes. However, we will endeavor to provide you with the announcement about any significant changes.
ENTIRE AGREEMENT
These Terms of Service, together with our Privacy Notice, other policies, rules, and guidelines posted on the Platform constitute the entire agreement between you and us in relation to your use of our Platform.
If any part of the Terms of Service is held invalid or unenforceable under the applicable law, the other parts of Terms of Use shall remain in full force and effect.
DISPUTES RESOLUTION AND APPLICABLE LAW
All disputes and disagreements that may arise in connection with the performance of this Agreement shall be resolved byp the Parties through negotiations. If it is not possible to resolve disputes arising between the Parties through negotiations, they shall be addressed in accordance with the law.
CONTACT US
Should you believe that any materials available on the Platform infringe your rights, third-party rights, or are offensive, please notify us.
You may email us at: [email protected]