Terms and Conditions
MakeSends provides You with the infrastructure and facilities to send up to 2 gigabytes of data or an unlimited number of digital files (“File” or “Files”) to others and/or themselves over the internet via our Website. Special features and functionalities are available at a charge.
MakeSends transfers all kinds of Files. All File transfers between You and the designated recipient(s) (“Recipient” or “Recipients”) are treated confidentially. MakeSends does not check, open or view the type or content of Files being sent, nor does it offer a search function, catalogue or listing to find Files that are available for transfer. In addition, because the File or Files are End-to-End encrypted, it is not possible for di55erent to know the contents of the File or Files being transferred by You. Uploaded Files are stored on di55erent’s servers for a period of 10 days. After this period Files are permanently deleted to make room for new transfers. Each File can be sent to as many Recipients as intended, though each email is sent separately to each individual Recipient. Once You have uploaded the preferred File, both You and the Recipient receive a confirmation email, with information and instructions on how to download the File.
MakeSends provides the technically necessary facilities to transfer your File. di55erent does not claim any ownership of the Files You transfer through our Service. You are fully and solely responsible for the Files You wish to transfer through our Service. By using our Service You acknowledge and agree that di55erent is not responsible for any failure of the Service to store, transfer or delete a File or for the corruption or loss of any data, information or content contained in a File. By using our Service You acknowledge and agree that You have the permission to grant di55erent the non-exclusive, worldwide, royalty free right (license), including the right for di55erent to sublicense this right to third parties, to store and transfer Your File as part of our Service.
di55erent respects your rights and demands that You respect those of di55erent, its advertisers and third parties. This includes privacy and intellectual property rights, such as trademarks, service marks, trade names and logos. You are not allowed to use our Service to infringe on any rights, including privacy or intellectual property rights or to promote, enable or facilitate others to infringe on any rights. As a condition to make use of the Service You agree not to transfer any Files that:
In addition You agree not to:
Your privacy is of utmost importance to us.
We try hard to provide the best service and user experience, but we cannot be held responsible for any losses or damages arising directly or indirectly by the use of this service.
Please do not transfer files that you do not have the right to transfer. We do not have access to your files – hence, this responsibility is entirely on you.
For questions about these terms, please contact di55erent at email@example.com. We speak English, French, and German.
di55erent reserves the right to investigate and/or remove, without warning, any Files from its servers or block You from accessing the Website or Service, when di55erent finds, at their own discretion, or receives substantiated and valid complaints, that You violate these Terms including the Privacy and/or NTD Policy) or act in violation of any applicable law or regulation. di55erent reserves the right to disclose Files in so far necessary
di55erent provides its Service "AS-IS", without warranty of any kind. Without limiting the foregoing, di55erent explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. di55erent makes no warranty that the Service is available on an uninterrupted, secure or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that di55erent is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.
Indemnity and Liability
You will defend, indemnify and hold harmless di55erent, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms, including any third party claims that Files submitted to the Service by You infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of MakeSends for the intentional and/or deliberate recklessness of MakeSends themselves (“their own acts”) and or the management of di55erent.com.
In no event will di55erent be liable to You or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not di55erent has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. MakeSends will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event di55erent is liable for damage under mandatory law, di55erent's aggregate liability to you for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (€100) per incident.
Controlling Law and Jurisdiction
These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of Switzerland. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Lausanne, the Netherlands, unless stipulated otherwise by mandatory Swiss or international laws. You waive any objection to jurisdiction and venue in the courts of the Netherlands.
These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between You and di55erent. These Terms shall apply in preference to and supersede any and all Terms of any use or kind by You. In the occasion that these Terms shall become partly invalid, You and di55erent remain bound to the remainder.
To enable you to use our service, di55erent needs to process some data that is personal, like your IP-address, your email address, that of the intended recipient and any personal message you might include when sending a file. We will principally use your personal data for sending your file and improving our service. We will not sell it to third or affiliate parties or use it for annoying commercial messages.
di55erent takes your trust and privacy very seriously and therefore aims to process as little personal data as necessary. You therefore do not have to sign up for an account, nor is there any other kind of log-in procedure. In order to use our Service and send your File, it is indispensable to enter your own email address, add the File(s) You wish to transfer (up to 2 GB) and the email addresses of the Recipients (upto 20). You might also add a personal message for the Recipients along with your File.
di55erent processes personal data for the purpose of (i) operating the Service and/or Website and (ii) to follow up on abuse reports, to cooperate with law enforcement and NTD Reports. di55erent does not sell or otherwise distribute your personal data to affiliate or third parties and will not send You newsletters or use your personal data for any other purposes then stated above. To evaluative the use of our Website and Service as well as for statistical purposes, only anonymised data shall be used.
di55erent takes appropriate technical and organisational measures to protect your personal data against loss or other forms of unlawful processing. For technical and operational reasons, personal data can be transferred through servers in the United States or other countries outside the European Union, where the European data protection rules are not applicable. Privacy regulations outside the EU might not provide the same high level of protection. By using our Service and/or Website You acknowledge and agree that di55erent transfers your personal data through servers that are possibly outside the EU.
You are only allowed to use our Website and/or Service when of or over the age of 16 years, or with the approval of your parents or guardians.