1. The Ground Rules: Introduction and Acceptance

1.1. The Binding Agreement

These Terms outline the ground rules for using UpLink Files. Think of these Terms of Service (or just "Terms") as a contract between You (referred to as "User") and UpLink Files (referred to as "we," "us," or "our").

These Terms govern your access to and use of our websites, applications, and all related content, products, and features (collectively, the "Service").

By using, accessing, or downloading any part of the Service, you confirm that you have read, understood, and agreed to all these Terms.

If you do not agree to these Terms under any circumstances, you must immediately stop using the Service and close your account.

1.2. Legal Notice: Arbitration and Waivers

These Terms require the use of binding, individual arbitration to solve nearly all disputes, rather than going to court. This means that both You and UpLink Files waive the right to a jury trial or to participate in a class action lawsuit.

You can opt out of this arbitration requirement by following the instructions in Section 8 (Dispute Resolution) within 30 days of joining and accepting these Terms.

1.3. Privacy and Contact

Our Privacy & Cookie Policy explains exactly how we handle your personal data. That policy is part of these Terms. If you have any questions about these Terms or the Service, contact our Data Protection Officer (DPO) at support@uplinkfiles.com.

2. Changes to the Service and Terms

2.1. Updating These Terms

We may update these Terms from time to time to reflect new features, changes in the law, or updates to our business practices.

If we make any major changes, we will notify you in advance through our Website or by email. Revised Terms will be effective as of the date posted at the top of this page, unless immediate updates are required for security or legal reasons.

Your continued use of the Service after the updates means you accept the new Terms. If you do not agree, you must stop using our Service and close your account before the new Terms take effect.

2.2. Service Changes

We regularly work to improve the Service. We may update, modify, suspend, or discontinue any feature, plan, or part of the Service at any time. We do not guarantee the Service will always be available, as maintenance, security, or unforeseen circumstances may require downtime.

3. Account Eligibility and Security

3.1. Age Requirements

The Service is not intended for or available to anyone under the age of 16. You must be at least 16 years old to use the Service. If you are under the age of majority in your area, your parent or guardian must consent to these Terms on your behalf before you use the Service.

3.2. Account Security & Responsibility

When you create an account, you agree to:

  • Provide accurate, true, and current information.
  • Keep your login details secure and confidential. You are responsible for all activity that happens under your account.
  • Use a strong, unique password.

YYou must never purchase, sell, share, or transfer your account details or credentials. Notify us immediately If you suspect any security breach.

3.3. Inactive Accounts

If you use a free account and do not log in for 6 consecutive months, we may consider your account inactive and reserve the right to delete your data and close the account.

4. Your Content: Ownership and Rules

4.1. You Own Your Content

This is the most important part. You keep 100% of the ownership and rights of the files ("Your Content") you upload, store, or share on UpLink Files, including all associated intellectual property rights.

4.2. License to UpLink Files (How We Use It)

You grant us a limited, royalty-free license to Your Content solely for the purpose of operating, improving, and developing the Service for you and other users. This license allows us to:

  • Host, display, and transfer your Content.
  • Make copies for security purposes.
  • Provide any sharing or publishing functionality you request.

This license does not allow us to use of Your Content to train any AI or machine learning models, or to sell or rent to third parties.

4.3. Content Responsibilities

You are solely responsible for Your Content. You confirm that:

  • You have all necessary rights, licenses, and permissions to upload and share Your Content on the Service.
  • Your Content complies with these Terms and all applicable laws.

4.4. Prohibited Content and Conduct

You may not upload, share, or transfer any Content, or use the Service in a way that is:

  • Illegal, fraudulent, defamatory, harmful, hateful, or promotes violence or self-harm.
  • Sexually explicit or pornographic.
  • Infringing on someone else’s intellectual property, privacy, or publicity rights.
  • Spam or unauthorized advertising.
  • Involves reverse-engineering, decompiling, or attempting to derive the source code of the Service.
  • Interferes with, degrades, or disrupts the Service, networks, or other users.

We use technical measures (both human and automated) to detect and investigate violations of these Terms. If a violation is found, we may, at our sole discretion, remove the Content, suspend, or terminate your account.

5. Payments, Subscriptions, and Renewal

5.1. Subscription and Auto-Renewal

Many features of the Service are offered through a paid plan ("Subscription Plan") for a set period ("Subscription Period").

Your Subscription Plan will automatically renew for an identical Subscription Period unless you cancel it before the renewal date. By purchasing any paid plan, you authorize us to charge the applicable fee ("Subscription Fee") to your chosen payment method for the initial period and automatically upon each renewal.

5.2. Cancellation

To stop auto renewal, you can simple just remove your credit/debit card information OR you must cancel your subscription through your account settings or by emailing us at support@uplinkfiles.com before the next billing date of your Subscription.

If you cancel, you will not receive a refund for the current period, but you will have access until the end of your current paid period.

5.3. No Refunds Policy

All fees paid for the Service are non-refundable. This includes Subscription Fees, processing fees, and any other charges, except where specifically required by applicable law.

5.4. Fee Adjustments and Non-Payment

We may change the price of your subscription plans or payment terms at any time. Any changes to your Subscription Fee will be effective upon the renewal of your Subscription Plan.

If we face any issue in processing your subscription payment, we may continue to attempt to charge the outstanding amount from your designated payment method. If we cannot process your payment after multiple attempts, we reserve the rights to suspend, terminate or downgrade your account/subscription.

6. Our Intellectual Property and Feedback

6.1. Our Ownership

We and our licensors own all rights, title, and interest in and to the Service itself, including all underlying technology, software, design, branding, trademarks, patents, and other intellectual property. We grant you a limited, non-exclusive license to use the Service, but we do not sell you any part of it.

6.2. Your Valuable Feedback

If you provide us with any feedback, ideas, or suggestions for improving the Service, you agree that we can use that Feedback without any restriction or compensation to you. You assign to us all rights and titles to that Feedback.

7. The Safety Net: Disclaimers and Liability

7.1. Disclaimer of Warranties (Use at Your Own Risk)

YOU AGREE THAT YOU USE THE SERVICES OF UPLINK FILES AT YOUR OWN RISK.

We provide the Service "AS IS" and "AS AVAILABLE," without any warranties, whether express, implied, or statutory. We expressly disclaim all warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Service will be uninterrupted, error-free, or free from viruses or malware, as the files you receive or share could contain such threats.

7.2. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY THE APPLICABLE LAW, UPLINK FILES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, MORAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. This includes, without limitation, damages for lost profits, lost data, or business interruption.

In no event shall our total liability to you will not exceed the amount you paid us in the last 12 month period prior to the event or $100 (One Hundred U.S. Dollars) whichever is greater.

7.3. Your Responsibility (Indemnification)

You agree to defend, indemnify, and hold us and our partners, officers, and employees harmless from any and all costs, claims, damages, liabilities, and expenses arising out of or related to:

  • Your use of the Service.
  • Your Content or Feedback.
  • Your breach of these Terms.

8. Dispute Resolution

8.1. Governing Law

These Terms and your use of the Service are governed by the laws of the United States of America. If mandatory consumer protection laws like the GDPR or CCPA grant you broader rights, those laws will apply to that extent.

8.2. Binding Arbitration

You and UpLink Files agree to solve any disputes or claims arising under these Terms or your use of the Service through individual arbitration.

  • Opt-Out: You can opt out of this arbitration provision by emailing us at support@uplinkfiles.com within 30 days of creating your account and accepting these Terms. Your email must include your name, phone number, address, and a clear statement that you wish to opt out of the arbitration agreement.
  • No Class Actions: You may only bring claims against us as an individual, not as a member of a group or class action.

9. Termination and Suspension

We reserve the right to suspend or terminate your access to the Service, or delete your account and associated data, at our sole discretion if:

  • You breach these Terms.
  • Your use poses a security, operational, or legal risk to UpLink Files or other users.
  • You engage in fraudulent, illegal or abusive activity.

If we terminate your account for cause, we are not required to refund any fees.

You can close your account at any time through your account settings or by contacting us at support@uplinkfiles.com. Once you close your account, your data will be permanently deleted according to our Privacy Policy.

Certain provisions of these Terms will continue to apply even after termination, including, but not limited to, Sections 4 (Your Content), 6 (Intellectual Property), 7 (Disclaimers and Liability), 8 (Dispute Resolution), and this Section 9.

10. Export Control and Legal Compliance

You agree that you are not located in, or ordinarily resident in, any country subject to comprehensive sanctions under U.S. or international law.

You agree not to use the Service to upload, transfer, or share any files or data in violation of export control, sanctions, or trade laws of the United States, the European Union, or other applicable jurisdictions.

UpLink Files reserves the right to restrict access to the Service in regions where local laws prohibit or limit online data transfers.

11. Third-Party Services and Integrations

The Service may include integrations with third-party tools or platforms, such as payment processors or analytics services.

Your use of those third-party services is governed by their own terms and privacy policies. UpLink Files does not control or endorse such third parties and is not responsible for their actions, performance, or content.

By enabling any integration, you authorize us to share limited information necessary to make the integration work.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

If arbitration is not enforceable in your jurisdiction, you agree that any legal proceedings arising out of or related to these Terms shall be brought exclusively in the courts located in San Francisco County, California, and you consent to personal jurisdiction there.

If you are a consumer in the European Union or the United Kingdom, you may bring disputes before the competent court in your country of residence, as permitted under applicable consumer protection laws.

13. Severability and Entire Agreement

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

These Terms, together with our Privacy Policy and any additional policies or guidelines posted within the Service, constitute the entire agreement between You and UpLink Files regarding your use of the Service and supersede any prior agreements or communications.

14. Contact Information

For questions about these Terms, or to submit feedback or complains, contact us at:

UpLink Files Legal Team
support@uplinkfiles.com
The Frank Agency, Inc
8400 W. 110th Street, Suite 630, Overland Park, KS 66210