Sendly Terms of Service

1. Provider and scope

Sendly is run by Aaron Gerkens, operating as a part under the brand CNS Studios, Mittelstraße 79, 22869 Schenefeld, Germany (see the Legal Notice). These terms apply to your use of the hosted Sendly service at https://sendly.zip. The source code is licensed separately under AGPL-3.0; that license governs the code, these terms govern the hosted service.

2. What Sendly is

Sendly lets you share files with end-to-end encryption through link share, quick share, transfers to other users and tunnels. The service is free of charge. Files are encrypted in your browser, so we cannot read their contents.

3. Who may use Sendly

You must be at least 16 years old. If you use Sendly for an organisation, you confirm that you may act for it.

4. Accounts and keys

You can use some functions without an account. Others require a CNS Accounts account. You are responsible for your credentials and your devices: keep them safe and revoke devices you lose. We cannot restore your encryption keys. If you lose access to all of your approved devices, files that depend on those keys may become unreadable, and we may be unable to help.

5. Limits and availability

Current limits: 750 MB per file and storage for 7 days without an account; 1.5 GB per file and storage for 90 days with an account. Files shared in a tunnel are kept until the tunnel ends. We apply rate limits.

We may change limits and features and will give reasonable notice where possible. Sendly is not a backup or archive; do not rely on it as the only copy of anything. We do not promise a particular level of availability. We may carry out maintenance, and we may discontinue the service with at least 90 days notice where possible.

6. Your content

You keep all rights in what you share. You give us the right we need to store and transmit the encrypted file as the service requires (non-exclusive, worldwide, free of charge, limited to operating Sendly).

You are responsible for your content and for who you share it with. Anyone who has the link and the password can open the file. If your content contains other people's personal data, you must have a legal basis to share it.

7. Acceptable use

You must not use Sendly to:

• share content that is illegal in Germany or the EU, including child sexual abuse material, terrorist content, incitement to hatred or violence, and content that infringes copyright, trademarks or other rights
• distribute malware, or attack or disrupt Sendly or other systems
• harass, threaten, defraud or spy on people, or share private data or intimate images of others without consent
• circumvent limits, probe the service for weaknesses without permission, scrape it, or run automated bulk uploads
• use Sendly as permanent hosting, a content delivery network or a public file mirror

Because content is encrypted, we do not and cannot review it in advance. We rely on reports.

8. Reporting illegal content

Anyone, with or without an account, can notify us of content they consider illegal:

• through the report function on the file or transfer page, or
• by email to [email protected]

A notice should contain:

• an explanation of why the content is illegal
• the exact location of the content (the link, file ID or 12-digit code)
• your name and email address (not needed for notices about child sexual abuse offences)
• a statement that you believe the information in the notice is accurate and complete

We confirm receipt, review notices diligently and without arbitrariness, and tell you our decision and how to object to it. Because we cannot see file contents, we decide on the basis of the notice and the surrounding information. We may block access to the encrypted file or delete it. If the uploader is known to us (a signed-in user), we tell them the reason. For anonymous uploads we cannot.

What end-to-end encryption means for moderation

Files are encrypted in your browser and we never hold the keys. We therefore cannot view, scan, filter or search file contents, and we do not use automated tools to analyse them. As a result:

• we can act on a specific file only when a report or notice identifies it (by link, file ID, 12-digit code or the in-app report button)
• we generally cannot verify what a reported file contains, and we cannot find other copies of the same content
• where a notice concerns content we cannot pinpoint, for example a file sent between users, we act on the account or feature involved instead

Every report is forwarded to our moderators and, to the extent our technical limits allow, reviewed by a person. If a notice identifies a specific file and gives sufficient reason to believe it is illegal, we delete it. Deletion is permanent and applies to everyone the file was shared with.

A file is also deleted automatically, without prior human review, once several different signed-in users have reported it (currently three). Reports from anonymous users are reviewed but never trigger automatic deletion on their own. Where we become aware of information suggesting a criminal offence that threatens the life or safety of persons, we inform the competent authorities.

9. Our measures

If you violate these terms or the law, or if we receive a valid order, we may delete files, block links, restrict your account or IP address, or end your access. We act proportionately and, where we can reach you, tell you the reason and how to contest it.

Repeat infringers and misuse of reports

If an account frequently shares manifestly illegal content, we will, after a prior warning, suspend its use of the service or of specific features (uploads, quick shares, sending files to other users) for a reasonable period. Where no account is involved, we may block IP addresses.

If someone frequently submits manifestly unfounded reports or notices, we may, after a prior warning, stop processing their reports for a reasonable period.

In deciding, we consider how often and how seriously the service was misused, and the intent of the person concerned where it can be determined.

Statement of reasons

If we remove your file or restrict your account because of a report or notice and we can reach you (for example through your signed-in account), we tell you what we did and why, whether automated means were used, and how you can challenge the decision (below). Files uploaded anonymously cannot be linked to a person, so we cannot notify their uploader.

You can contest any decision by emailing [email protected]. We review it and reply within 1 month. We may report suspected serious criminal offences to the authorities. We answer valid legal requests with the data we hold, which is metadata and encrypted files, never file contents. If we do not resolve it, you may also use an out-of-court dispute settlement body certified under Art. 21 DSA or go to the competent court.

10. Privacy

The Privacy Policy explains how we process personal data.

11. Warranty and liability

Sendly is provided free of charge and 'as is'. We do not guarantee uninterrupted or error-free operation, or that files will remain available for the whole storage period.

We are fully liable for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and where we have given a guarantee. For slight negligence we are liable only for breach of an essential contractual obligation (one that the service depends on and on which you may rely), and then only for the foreseeable damage typical for this kind of service. Otherwise our liability is excluded. For loss of data our liability is limited to the effort typically needed to restore data had you made regular backups. These limits also apply to our team members and assistants.

12. Changes to these terms

We may change these terms for good reason, for example new features, legal changes or abuse trends. We will announce changes at least 14 days before they take effect. If you do not agree, you can stop using Sendly and delete your account before then. Continued use and/or acceptance via a site modal after that date counts as acceptance. For changes that fundamentally alter the balance of the agreement we will ask for your explicit consent.

13. Governing law and disputes

German law applies. If you are a consumer, the mandatory consumer protection rules of your country of residence remain unaffected. For merchants the place of jurisdiction is Hamburg. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

14. Final provisions

If a provision is invalid, the others stay in force. Questions about these terms: [email protected].