Legal

3.8 FILE TRANSFER TERMS

4 min read

Effective Date: August 14, 2026

1. SCOPE AND DEFINITIONS

1.1. Service Description.

These Terms govern the "PinkTransfer" service (or equivalent file sharing functionality) provided by the Pinkdude Group ("Provider"). The Service allows users to upload digital files ("Content") to a temporary staging area and generate a download link ("Transfer Link") for recipients. In the event of a conflict between these File Transfer Terms and the Master Terms of Service, the Master Terms shall control.

1.2. Verified Uploads Only (No Anonymous Use).

The Service is available exclusively to authenticated Pinkdude Account holders.

  • (a) Login Required: You must be logged into a verified Account to upload files or generate Transfer Links. Anonymous or "Guest" uploads are strictly prohibited.

  • (b) Accountability: You acknowledge that every upload is logged and cryptographically tied to your Account identity. You are personally responsible for all Content uploaded under your credentials.

1.3. Ephemeral Nature (Crucial Distinction).

You acknowledge that the File Transfer Service is NOT a Cloud Storage Service.

  • (a) Temporary Staging: Files uploaded to the Service are stored only for a limited period (e.g., 7 days, or as defined in your Plan).

  • (b) Automatic Deletion: Once the transfer window expires, files are permanently deleted from our servers. This process is automated and irreversible.

  • (c) No Extension Duty: The Provider has no obligation to extend the availability window of a Transfer Link or recover files once the expiration date has passed.

  • (d) Abuse Investigation Hold: Notwithstanding the above, the Provider reserves the right to preserve files beyond the expiration period where necessary for abuse investigation, legal compliance, or law enforcement requests.

2. USER RESPONSIBILITY AND CONTENT

2.1. The "Passive Conduit" Status.

The Provider acts strictly as a passive conduit for the transmission of data. We do not index, browse, or curate the Content you upload.

  • (a) No Knowledge: We are not aware of the specific contents of your transfers unless we receive a valid abuse report or automated flag.

  • (b) User Liability: You are solely responsible for the content you upload. You warrant that you own the necessary rights/licenses to share the files.

2.2. Prohibited Content (Zero Tolerance).

You may not use the Service to transfer:

  • (a) Copyrighted Material: Movies, music, software, or games that you do not have the right to distribute (Piracy).

  • (b) Illegal Content: Child Sexual Abuse Material (CSAM), non-consensual sexual imagery ("revenge porn"), or terrorist propaganda. We report all CSAM to the National Center for Missing & Exploited Children (NCMEC) and relevant law enforcement immediately.

  • (c) Malware: Viruses, worms, trojans, ransomware, or spyware.

2.3. Operational Controls.

The Service is designed for person-to-person file transfer.

  • (a) Right to Refuse: The Provider reserves the right to refuse any upload or transfer at its sole discretion where necessary to protect infrastructure, comply with law, or mitigate risk.

  • (b) Storage Pressure: We reserve the right to delete transfers early (before the standard expiration date) where reasonably necessary to maintain platform stability or storage capacity.

  • (c) File Size Limits: The Provider reserves the right to enforce file size limits per transfer or per account based on the Customer’s plan or infrastructure requirements.

3. SECURITY, PRIVACY, AND COMPLIANCE

3.1. Link Security (Bearer Tokens).

Transfer Links are "Public" by nature.

  • (a) Access Control: Anyone who possesses the Link can download the files. There is no "login" required for the recipient unless you specifically enabled "Password Protection" (if available).

  • (b) User Duty: You are responsible for ensuring the Link is sent only to the intended recipient. The Provider is not liable if you email the link to the wrong person or if the link is leaked publicly.

3.2. Encryption and Hash Matching.

  • (a) Encryption: Files are encrypted in transit via SSL/TLS. Files at rest may be encrypted by the Provider, but the Provider retains the keys unless you use Client-Side Encryption (e.g., 7-Zip/PGP) before uploading.

  • (b) Automated Detection: The Provider may use automated technologies, including hash matching and content fingerprinting, to detect known illegal material (e.g., CSAM hashes) without manual review.

3.3. Jurisdictional Compliance.

  • (a) Data Export: You are responsible for ensuring that your transfer complies with applicable data export laws and regulations in your jurisdiction.

  • (b) Law Enforcement: We may preserve and disclose data, including User identity and IP logs, where legally required by valid court order, subpoena, or warrant.

4. TERMINATION AND TAKEDOWNS

4.1. DMCA / Copyright Takedowns.

If we receive a credible DMCA Notification claiming your Transfer infringes copyright:

  • (a) Immediate Removal: We will disable the Transfer Link immediately and without notice.

  • (b) Repeat Infringers: Since all uploads are tied to a verified Account, we will permanently terminate Accounts that receive multiple valid copyright complaints ("Repeat Infringer Policy").

4.2. Malware Scanning.

We reserve the right (but not the obligation) to scan uploads for malware. If a file is detected as malicious, it may be deleted without prior notice to protect recipients.

5. LIMITATION OF LIABILITY (TRANSFER SPECIFIC)

5.1. No Mission-Critical Use.

The Service is not designed for mission-critical or life-dependent use. You agree not to use the Service for emergency communications, medical data transmission, safety systems, or other environments where failure could result in injury or severe damages.

5.2. No Backup Warranty.

The Service is not a backup solution. You must retain original copies of all files. The Provider is not liable for any data loss, corruption, or expiration of files uploaded to the Service.

5.3. Liability Cap.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • (a) Free Users: THE PROVIDER’S TOTAL LIABILITY IS LIMITED TO ZERO EUROS (€0.00).

  • (b) Paid Users: LIABILITY IS LIMITED TO THE SUBSCRIPTION FEE PAID FOR THE MONTH IN WHICH THE INCIDENT OCCURRED.