Effective as of March 11th, 2025
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 LLC 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 LLC ("Download Securely LLC" 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"). We reserve the right to update these terms at any time with or without notice to users. It is the users responsibility to check occoasionally these terms to see when they were last updated or if any new terms have been modified or updated.
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 agree to receive emails while using our services, you must stop using the services and/or unsubscribe.
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. Opening and viewing attachments uploaded by recipients or signers is at your own risk. Make sure you trust the file a signatory or recipient has uploaded before viewing or opening it.
Download Securely LLC 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 9 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 and/or our business needs change.
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 CONTENT 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 OR IF ANYTHING HAPPENS TO THEM. 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.
WE STRIVE TO TARGET A 100% ERROR FREE SERVICE WITHIN OUR PRODUCTS. HOWEVER, WE CANNOT GUARATEE THAT 100% OF THE TIME THE ACCURACY, QUALITY, AND INFORMATION WILL BE 100% ERROR FREE WITHIN OUR PRODUCTS, PORTALS, AND ELECTONRIC SIGNATURE FEATURES.
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 LLC, 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 LLC HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF DOWNLOAD SECURELY LLC 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 LLC 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 LLC actions); or (b) violates applicable law or these Terms. Download Securely LLC will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
You waive the right to a trail by jury and class action lawsuits. Since most disputes can be resolved by cordial communications and counter measures, you agree to first contact us via email by using our Contact Us link with a written version of what the dispute is, your contact information, and any account information with Download Securely. Both parties must in good faith try to resolve the dispute before any party initiates any arbitration or lawsuit. Negotiations between both parties in most cases will resolve any dispute that would arise.
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 Clark County, Nevada. You also agree that Download Securely LLC 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 9 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 file space limit will also need to be in compliance with the new subscription/plan or Download Securely will remove files to enforce compliance under the same timeframe as above. It is important to note that if you have any eSign documents active/completed, you must download any audit logs and signed PDFs before the purging of the files takes place between plan adjustments. Failure to do so will result in permanently deleted content that cannot be restored. If the plan space limit is still above the threshold after all the file portals and eSign documents have been removed, the eSign templates will be the last section to be processed and purged.
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.
The file space limit accounts for the total active file size (non deleted files) uploaded by you or by the recipient. Once this limit has been reached or surpassed, you and any recipients will not be able to upload more files until the limit is in compliance.
A business may purchase a customized enterprise subscription which may include one or more licenses to share with other users. In order to share a license, the recipient must already have a Download Securely account created and must not be currenlty subscribed to a paid plan. The business provisioning the plan and sharing licenses may revoke the recipient's license at any time or the recipient can choose themselves to revoke it through their subscription page.
When someone joins using your referral code, you will receive a month of free service for each referral when they purchase/subscribe to their first plan. One free month of service will be added on to your currently paid subscription plan, or if you are on the personal subscription plan, you will be upgraded to the silver subscription plan. While these referral terms are not valid for users that are on an enterprise subscription plan when their referral purchases/subscribes to their first subscription plan, we express our appreciation for referring them to our platform!
It is the users responsibility to check if the local laws and regulations of where they reside are suitable for electronic signatures and if we are in compliance with those said regulations and laws to have it be legally binding. Keep in mind that the end user can share links to images and documents that can be considered confidential. We are not liable for the sharing of links that end users save and/or copy and distribute to other individuals outside of your intended recipient list before the expiration time expires from those confidential links. Make sure you trust your signatory in that regard.
Download Securely provides features and tools to help determine the authenticity of a signatory. These can include: access codes, email addresses, file attachments within documents (Signers can upload government identification), and unique signing links. These tools are meant to help secure the signing process and to verify the authenticity of the signer. It is the responsibility of the initiating user/party to identify and verify the documents and the authenticity of the signer, to guarantee that they are who they say they are, and that they were the ones who signed the document or record. Download Securely itself cannot guarantee the authenicity of the signer.
It is important to note that bandwidth limits and file space limits on your current plan may prevent you from reaching the eSign document limit on your plan. These take precedence over the any limits for electronic signatures and templates. Plans that include unlimited eSign documents are also bound to bandwidth and file space limits. Users can reach their plan eSign document limits without hitting their file space or bandwidth limits. This will depend on document and template file sizes and the file sizes the signatories upload if there are upload fields added to the eSign document.
Some features of the site may not be used in certain ways in order to comply with HIPPA regulations. For example, File Portal names/titles and eSign Document names are sent through email to the signatory or document owner. There are reminder emails that the platform sends out through email and if any health or personal information must be left out to comply with regulations, do not include them in portal titles/names, and document names. For electronic documents that require signatures, do not enable including the signed PDF as an attachment through email when it's completed if it contains anything that needs to adhere to any regulations or laws for your use case (such as HIPPA). It is your responsibilty to make sure any feature used or any automated platform function does not contain information inputted by you that must remain internal and not be sent externally to comply with any laws or regulations. We are not responsible if any user input is sent externally due to user error or negligence. If you have any concerns or questions on automated processes or potential field compliance issues, please contact us.
