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 Willem Fenengastraat 19-23, 1096 BL Amsterdam, the Netherlands, registered at the Dutch Chamber of Commerce under 34380998.
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.
2. WeTransfer API
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.
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
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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
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
You can contact WeTransfer at firstname.lastname@example.org. If you have any questions, just send us an email in English.