Terms of Service

WeTransfer is the simplest way to send your files around the world. Part of the WeTransfer application programming interface through the WeTransfer gateway (collectively the “WeTransfer API”) is open for you (“you” or “user”), to encourage the sharing of creative ideas.

The WeTransfer API is provided to you by WeTransfer B.V. (“WeTransfer”, “we”, etc.), with its main office at Oostelijke Handelskade 751, 1019 BW Amsterdam, the Netherlands, registered at the Dutch Chamber of Commerce under 34380998.

1. Applicability

1.1

These API Terms of Use govern the use of and the transfers made by the WeTransfer API. By using the WeTransfer API you agree to be bound by the Terms of Service API Terms of Use, the Terms of Service and the Notice and Take Down policy and the Privacy & Cookie Statement. API Terms of Use prevail in case of conflict with any of the applicable terms and conditions as set in this clause.

1.2

If the WeTransfer API includes services of third parties, the terms and conditions, notice and take down policies and/or privacy and cookie policies of these third parties may apply. WeTransfer is not responsible for those services, terms and/or policies.

1.3

WeTransfer can amend the API Terms of Use from time to time. WeTransfer recommends that you review the API Terms of Use from time to time and take note of any changes. By continuing to use the WeTransfer API you accept any change made to the API Terms of Use.

1.4

These API Terms of Use supersede any and all prior oral and written quotations, terms, communications, agreements and understandings between you and WeTransfer.

2. WeTransfer API

2.1

To use WeTransfer API, you have to authenticate with a third party account and obtain a token from WeTransfer to get access to the WeTransfer gateway.

2.2

The WeTransfer gateway gives access to restricted and/or specific parts of our API, which allows you to build your own functionality.

3. IP and License

3.1

All intellectual property rights and/or similar rights to the (content and design of the) WeTransfer website, the WeTransfer API, the WeTransfer gateway, including the software, wallpapers, photography, graphic design, typography, portraits and logos, as well as trademarks, copyrights and trade names featured on wallpapers used within the WeTransfer API, are vested in WeTransfer or its licensors.

3.2

As long as you follow these API Terms of Use, WeTransfer grants you a limited, non-exclusive, non-transferable license to use the WeTransfer API to develop, test and support any software application, website or product.

3.3

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

4. Ownership and responsibility

4.1

Anything you do or build using the WeTransfer API (the “Application”) is owned by you. WeTransfer does not claim any ownership of the Application. You are fully and solely responsible and accountable for the Application.

4.2

Once you use the Application and transfer content via the Services of WeTransfer, the content will be stored on our servers. You grant WeTransfer the right to store and distribute this content in the performance of the Services and the Application.

4.3

The content you might share through the Application will be stored on our servers, unless you delete the content from the Application. In case you haven’t interacted with your Application content for more than 3 months, we will permanently delete the content from our servers. Should you delete the Application, the content on our servers will be permanently deleted after 3 months.

4.4

WeTransfer is not liable to you or any third party for any damages arising out of what you do or build using any of the WeTransfer API.

5. Confidentiality

5.1

WeTransfer will not look into the Application unless this is necessary and in line with our Privacy & Cookie Statement, for instance to provide you with (technical) support on your request or if we are by law obliged to do so.

6. Obligations

6.1

You represent and warrant to WeTransfer that, excluding WeTransfer materials, you have, for the Application, each software application, website, file or other product, all required permissions, including from copyright and other intellectual property rights holders, to develop, transfer, test, distribute, store and/or make available online as part of our WeTransfer API.

7. Restrictions

7.1

WeTransfer respects your rights and demands that you respect those of WeTransfer, its artists, advertisers and third parties. This includes respecting the right to privacy, corporate intelligence and business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the WeTransfer API to commit or promote, enable or facilitate unlawful or criminal acts or violations of these API Terms of Use or facilitate or promote others to do so.

7.2

As a condition to make use of the WeTransfer API you agree not to develop, transfer, test distribute, store or support an Application or any software application, website or product that:

  • feature child pornography;
  • are obscene, defamatory, libellous, slanderous, profane, indecent or unlawful;
  • promote racism, violence or hatred;
  • are factually inaccurate, false, misleading or deceptive;
  • you don’t have the right to copy and/or transfer;
  • infringe, violate or misappropriate intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
  • infringe on or violate any applicable law or regulation;
  • constitute 'hate speech', whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group, and/or;
  • facilitate or promote gambling, terrorism or weapons, or the sale or use of liquor, tobacco products or illicit drugs.

In addition, you agree not to:

  • impersonate or falsely pretend affiliation with any person or entity;
  • access any non-authorised areas of the WeTransfer website or the WeTransfer API;
  • use the WeTransfer API in violation of any law or regulation;
  • use any of the WeTransfer API in a matter that changes the WeTransfer API, that breaks or circumvents any of WeTransfer’s or third parties technical, administrative, process of security measures, that disrupts or degrades the performance of the WeTransfer API;
  • send or transmit viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
  • attempt to probe, scan, compromise or test the vulnerability of the WeTransfer website, the WeTransfer API or any related service, system or network or breach any security or authentication, unless you do so in accordance with our Responsible Disclosure Policy;
  • compete with or replicate the core products of services offered by WeTransfer;
  • attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the WeTransfer API or portion thereof.
7.3

In case of any suspicion of violations of the API Terms of Use, WeTransfer is allowed to monitor your use of the WeTransfer API to verify compliance with the API Terms of Use.

8. Violation of the API Terms of Use

8.1

WeTransfer reserves the right to investigate, provide to third parties, (temporarily) block and/or remove from its servers, without warning, any Application, product, files and/or accounts or to block anyone from accessing any part of the WeTransfer website or the WeTransfer API, when WeTransfer ascertains, at their own discretion or after receiving substantiated and valid complaints, that you violate these API Terms of Use or act in violation of any applicable law or regulation.

8.2

When WeTransfer API is used in violation of these API Terms of Use and/or any applicable law or regulation, WeTransfer reserves the right to investigate and/or remove, without warning, your authentication account which provided you access to WeTransfer API and revoke the token, to prevent you from further access to WeTransfer API.

8.3

If we terminate your use of WeTransfer API for any reason, you must permanently and immediately delete all data and any other information that you stored pursuant to your use of the WeTransfer API, except when doing so causes you to violate any law or regulation.

9. Disclaimer

9.1

WeTransfer provides its WeTransfer API “as-is”, without warranty of any kind. Without limiting the foregoing, WeTransfer explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. WeTransfer makes no warranty that the WeTransfer API is available on an uninterrupted, secure or error-free basis. Your use of the WeTransfer API is at your own risk. You acknowledge and agree that WeTransfer is not responsible for any damages to your computer system or the computer system of any third party that result from use of the WeTransfer API and is not responsible for any failure of the WeTransfer API to store, transfer or delete a file or for the corruption or loss of any data, information or content contained in a file.

10. Indemnity and Liability

10.1

You will defend, indemnify and hold harmless WeTransfer, including its employees and affiliates, from and against any third party claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your use of the WeTransfer API, any of the other services provided by WeTransfer or violation of these API Terms of Use, including any third party claims that your use of the WeTransfer API infringe or violate any third party rights.

10.2

WeTransfer is not liable for any damage or personal injury resulting from any use of the WeTransfer API. The limitation of liability referred to in this clause shall not apply if the liability for damage is caused by intent or gross negligence on the part of WeTransfer. In the event WeTransfer is liable for damage under mandatory law, WeTransfer’s aggregate liability to you for any and all claims arising out of or in connection with the use of the WeTransfer API will in no event exceed one hundred euro (€100) per incident.

11. Applicable Law and Jurisdiction

11.1

These API Terms of Use are governed by Dutch law. These API Terms of Use will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

11.2

Any disputes regarding these API Terms of Use will be submitted to the Court that has jurisdiction under Dutch law.

Contact

You can contact WeTransfer at developers@wetransfer.com. If you have any questions, just send us an email in English.

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