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 and us, 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 are confirming that you have read, understood, and agreed to all of these Terms.

If you cannot agree to these Terms, you must immediately stop using the Service, close your account, and uninstall any related software.

1.2. Crucial Legal Notice: Arbitration and Waivers

These Terms include an important provision that requires the use of binding, individual arbitration to resolve 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 against us.

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

1.3. Privacy and Contact

Our Privacy & Cookie Policy explains exactly how we handle your personal data and outlines your rights under key global regulations, including the GDPR and CCPA. That policy is incorporated into these Terms by reference. If you have any questions about these Terms or the Service, contact our Data Protection Officer (DPO) at support@uplinkfiles.com.

2. Platform Updates and Changes

2.1. Changes to These Terms

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

When we make material changes, we will notify you in advance through the Service or by email. The revised Terms will become effective no sooner than 30 days after notice is provided, unless immediate changes are required for legal or security reasons.

Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms. If you do not agree, you must discontinue use and close your account before the new Terms take effect.

2.2. Service Changes

We constantly work to improve the Service. We reserve the right to update, modify, suspend, or discontinue any feature, plan, or part of the Service at any time, without liability. We do not guarantee continuous availability, as downtime may be needed for maintenance, security, or unforeseen circumstances.

3. Eligibility and Security

3.1. Minimum Age

The Service is not intended for or available to anyone under the age of 16. If you are between 16 and the legal age of majority in your area, you must have your parent or legal guardian review and consent to these Terms before you use the Service.

3.2. Account Responsibility

When you create an account, you agree to:

  • Provide only accurate, true, and current information.
  • Keep your login information secure and confidential—you are responsible for all activity that occurs under your account, authorized or not.
  • Choose a strong, unique password.

You must never purchase, sell, share, or transfer your account or credentials. If you suspect any breach of security, notify us immediately.

3.3. Inactive Accounts

If you do not have an active paid Subscription Plan and do not access your account 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. Your Ownership is Absolute

This is the most important part. Your creativity is yours. You retain 100% of the ownership and rights to the content you upload, store, create, or share on UpLink Files ("Your Content"), 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 backup and security purposes.
  • Provide any sharing or publishing functionality you request.

This license explicitly excludes the 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 unlawful, fraudulent, defamatory, harmful, hateful, or promotes violence or self-harm.
  • Is sexually explicit or pornographic.
  • Infringes upon any third-party intellectual property, privacy, or publicity rights.
  • Constitutes spam, unsolicited advertising, or unauthorized commercial communication.
  • 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 employ 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 via a paid subscription 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 a Subscription 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. How to Cancel Renewal

To prevent automatic renewal, you can simple just remove your credit/debit card information OR you must cancel your subscription at least one month before the end of the current Subscription Period by notifying us in writing via email at support@uplinkfiles.com.

If you cancel, you will not receive a refund for the current period, but you will retain access until the end of that period.

5.3. No Refunds Policy

All fees paid for the Service are generally 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 our fees 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 payment with your designated payment method, 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 may suspend or terminate your account access.

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 ("Feedback"), you agree that we can use that Feedback without any restriction or compensation to you. You assign to us all rights and title to that Feedback.

7. The Safety Net: Disclaimers and Liability

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

YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK.

The Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, 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, secure, or free from viruses. You assume the entire cost of any servicing, repair, or correction if the Service proves defective.

7.2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE 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 for all damages exceed the greater of the amount you paid us in the 12-month period prior to the event giving rise to the claim or One Hundred U.S. Dollars (USD 100).

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 (including reasonable attorneys' fees) arising out of or related to:

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

8. Dispute Resolution (Governing Law and Arbitration)

8.1. Governing Law

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

8.2. Binding Arbitration

You and UpLink Files agree to resolve all disputes or claims arising under these Terms or your use of the Service through final and binding individual arbitration, administered by a recognized arbitration service.

Opt-Out: You may opt out of this arbitration provision by sending a written notification to support@uplinkfiles.com within 30 days of accepting these Terms. Your written notice 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 and UpLink Files agree that any arbitration will be conducted solely on an individual basis. Neither you nor UpLink Files may seek to have any dispute heard as a class action, a consolidated action, or in any proceeding in which either party acts or proposes to act in a representative capacity.

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 or our Acceptable Use Policy.
  • Your use poses a security, operational, or legal risk to UpLink Files or other users.
  • You engage in fraudulent or abusive activity.

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

You may terminate your account at any time by contacting support@uplinkfiles.com. Upon termination, your right to use the Service will immediately cease, and your stored data will be permanently deleted after applicable retention periods.

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 represent and warrant 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, analytics services, or communication plugins.

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. Updates to These Terms

We may revise these Terms of Service periodically to reflect new features, operational improvements, or changes in applicable law.

When we make material updates, we will provide advance notice through the Service, email, or other reasonable means. Unless otherwise required by law, the updated Terms will become effective thirty (30) days after notice is given.

Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must discontinue using the Service before the new Terms take effect.

We encourage you to review this page regularly so you always understand the terms governing your use of UpLink Files.

13. 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.

14. 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.

15. Contact Information

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

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