Effective as of March 27th, 2024
Welcome to Download Securely!
Download Securely is an online platform where files can be sent and received securely. Files are able to be uploaded by mobile device, laptop, desktop, or tablet.
The Download Securely Terms of Use ("Terms"), outlines the terms regarding your use of our products. These Terms are a legally binding contract between you and Download Securely so please read carefully. If you do not consent to these Terms, do not sign up or use any of the services we provide.
By accessing our platform and using our services, you are agreeing to be lawfully held to the Privacy Policy and Terms of Use stated in these documents. By signing up for a Download Securely account ("Service") you are agreeing to the Terms of Use provided by Download Securely ("Download Securely" or "We").
If you are using our service for an organization, you agree to be held to this Terms of Use document unless another Terms of Use has been agreed upon between us and said organization. In this event, "you" and "your" will represent the organization.
Please see our Privacy Policy to understand how we use and protect your information.
We reserve the right to make changes to these terms. Any modification or addition to these terms will be posted on https://downloadsecurely.com ("Site").
You are solely responsible for the documents and files you upload to our site. You are required to provide accurate and truthful information while signing up. You are also required to keep said information up to date if it changes. If there has been any unauthorized access to your account, reach out immediatly to us and change your password.
By signing up on our site, you give consent for us to electronically email you. This could be for special offers or general information and updates. If you do not agreee to receive emails while using our services, you must stop using the services.
All content and files that are uploaded using our services are yours. We do not verify, control, or endorse any file uploaded by you. You are under the obligation to verify you own the content being transferred or have the right to do so if you are not the owner. Any content uploaded must not violate any Terms of Use policies or laws. You give us the right to comply by any means necessary to satisfy any request for content uploaded as required by law, regulation, or emergency to do so.
Download Securely respects intellectual property and will respond to any copyright infringement notices. We reserve the right to modify or remove any content that is found to be in contrary to any of these terms. User accounts will also be terminated and any money spent with subscriptions will be forfeited.
By using our service you agree to have your content stored in the cloud within the United States under an encrypted connection in transit and at rest.
We reserve the right to suspend or delete any account found to be in contrary with any of these policies. When any subscription ends, you will have 6 days to download any files within your account. A reminder will be sent via email 3 days after the subscription ends.
It is possible that we may remove certain features and add others as our consumers request them.
TO THE EXTENT NOT PROHIBITED BY LAW, WE DO NOT GUARANTEE A ONE HUNDRED PERCENT UPTIME ON ALL OF OUR SERVICES. WE DO NOT GUARANTEE THAT ALL CONTNET IN OUR SERVERS AT ALL TIMES DURING THE DAY WILL BE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. YOU AGREE TO ACCEPT OUR SERVICES WE PROVIDE IN AN "AS IS" STATE. YOU ACCCEPT THAT "ALL FAULTS" THAT OCCUR OR ARE CONTAINED WITH IN OUR SERVICE BASE ARE AS IS AND THAT WE WILL DO OUR BEST TO FIX AND REMEDY THEM AS THEY OCCUR AND CANNOT BE HELD RESPONSIBLE FOR DOWN TIME. YOU DOWNLOAD USER CONTENT AS IS AND WE ARE NOT LIABLE FOR ANY HARMFUL FILES OR DAMAGES TO YOUR DEVICES AS A CONSEQUENCE OF A MALICIOUS DOWNLOAD OR UPLOAD.
IF YOU DO NOT CONSENT TO ANY OF THESE TERMS, YOU HAVE THE RESPONSIBILITY TO DISCONTINUE AND NOT USE ANY OF THE SERVICES.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL DOWNLOAD SECURELY, ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF DOWNLOAD SECURELY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF DOWNLOAD SECURELY AND ITS OFFICERS, EMPLOYEES, OR AGENTS WILL BE A TOTAL OF ONE DOLLAR ($1 USD).
To the extent not prohibited by law, you will defend Download Securely against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Download Securely's actions); or (b) violates applicable law or these Terms. Download Securely will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
You must comply with all laws within your respective country or workspace. These laws can included, but are not limited to, who you can send content to and what you can receive by them.
If you are a user within the United States, you agree that the terms within this document are to be held in Orem County, Utah. You also agree that Download Securely can apply for injunctive remedies in any jurisdiction.
You may sign up for a free personal subscription. This subscription allows for 1 active file upload and 1 active upload portal at any given time. If a plan isn't renewed or purchased after expiration, the account will be put on this plan as a default.
All subscriptions are billed monthly. Upon signing up for a subscription/plan, you will be automatically enrolled in monthly payments. It is your responsibility to cancel the service to avoid being charged for any months you do not intend on having. All payments are non-refundable if you have forgetten to cancel a subscription. Failure to pay for your subscription will end in termination of the user's services. We recommend cancelling at least 3 days before the renewal date.
We do not market or intend for persons under the age of 13 to use our services. If you are under the age of 13 please do not use our services or provide any personal information. If we become aware of an individual using our services 13 years of age or lower, we will remove their personal information and deactivate their account.
Content that contains any type of pornography or unmentioned illegalities is strictly prohibited. If we are advised of such content being used by a user, we will take strong actions to remove and ban users from using our services. If the content requires any legal actions, we will pursue them via those means.
When a subscription is purchased or when on the free personal plan, if your accounts number of active portals is greater than the subscription your account is on, you will have 6 days to manually become compliant with the portal limit on your plan or the platform will remove and delete the number of portals necessary to put the account in compliance with the plan. For example, if your current plan has a limit of 1 active upload and download portal but from the previous subscription which allowed 10 active upload portals and 10 active download portals, the system will remove 9 active upload portals and 9 active download portals to become compliant with the current plan. You will receive a notice if your account is non compliant 3 days after the plan change.
The bandwidth limit accounts for the total downloaded and uploaded file size amounts exchanged on the account. This also includes files uploaded and downloaded from portals by the recipient.