FileNotch
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Terms of Service

Last updated: January 2025

1. Acceptance of Terms

By accessing or using FileNotch ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

FileNotch provides a file sharing platform that allows users to upload files and share them via generated links. We act solely as a passive conduit for user-uploaded content. Files are stored temporarily and automatically deleted after a user-specified expiration period. The Service is provided "as is" without warranties of any kind. WE DO NOT REVIEW, VERIFY, SCREEN, EDIT, OR ENDORSE ANY CONTENT UPLOADED BY USERS.

3. User Responsibilities

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE for all content you upload, share, or distribute through the Service. FileNotch has no responsibility or liability for user content. You represent and warrant that:

  • You own or have the necessary rights to all content you upload
  • Your content does not violate any applicable laws or regulations
  • Your content does not infringe upon the intellectual property rights of any third party
  • You will not use the Service for any illegal or unauthorized purpose
  • You assume all risks associated with your content, including reliance on its accuracy or legality

3.1 Use at Your Own Risk

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

  • Uploaders: You are solely responsible for any consequences arising from the content you upload, including legal liability, damages, and any harm to third parties.
  • Downloaders: While we implement security measures such as blocking potentially harmful file extensions, we cannot guarantee that all files are safe. We recommend using antivirus software as an additional precaution. By downloading files, you acknowledge that you do so at your own risk and that FileNotch is not responsible for any issues that may arise from downloaded content.
  • All Users: We make no representations about the legality, safety, accuracy, or quality of any content on the Service.

4. Strictly Prohibited Content

You are strictly prohibited from uploading, sharing, or distributing any of the following content through the Service. Violation of these prohibitions will result in immediate account termination and may be reported to law enforcement authorities:

  • Child Sexual Abuse Material (CSAM): Any content depicting minors in sexual situations, child pornography, or any exploitative content involving children. We have zero tolerance for this content and will report all instances to the National Center for Missing & Exploited Children (NCMEC) and relevant law enforcement agencies.
  • Malware and Malicious Software: Viruses, trojans, ransomware, spyware, worms, or any other malicious code designed to damage, disrupt, or gain unauthorized access to computer systems.
  • Pirated Content: Copyrighted materials including movies, music, software, games, books, or any other content that you do not own or have explicit permission to distribute.
  • Illegal Content: Any content that violates local, state, national, or international laws, including but not limited to illegal drugs, weapons, stolen data, or content promoting illegal activities.
  • Terrorist Content: Content promoting terrorism, extremist violence, or content produced by designated terrorist organizations.
  • Non-Consensual Intimate Images: Revenge porn, deepfakes, or any intimate imagery shared without the consent of the individuals depicted.
  • Harassment and Threats: Content intended to harass, threaten, stalk, or intimidate individuals.

5. No Responsibility for User Content

FILENOTCH IS NOT RESPONSIBLE FOR ANY CONTENT UPLOADED, SHARED, OR DISTRIBUTED BY USERS. We are a neutral platform and passive conduit. We do not:

  • Pre-screen, review, verify, or approve any user content
  • Endorse, support, or guarantee any user content
  • Monitor content for legality, accuracy, or safety
  • Accept any liability for user content or its consequences
  • Make any representations about user content

Any content you encounter on the Service is the sole responsibility of the user who uploaded it. You may be exposed to content that is illegal, offensive, harmful, inaccurate, or otherwise objectionable. YOU WAIVE ANY CLAIMS AGAINST FILENOTCH RELATING TO USER CONTENT.

6. Content Monitoring and Removal

We do not actively monitor content uploaded to the Service and have no obligation to do so. However, we reserve the right (but not the obligation) to:

  • Remove or disable access to any content at our sole discretion, for any reason or no reason
  • Investigate potential violations of these Terms
  • Cooperate fully with law enforcement investigations
  • Preserve and disclose information as required by law or legal process
  • Terminate accounts of users who violate these Terms

7. DMCA and Copyright Policy

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA). If you believe content on our Service infringes your copyright, please submit a DMCA takedown notice to our designated agent:

DMCA Agent:
Email: hello@gnomeapps.com

Your notice must include:

  • Identification of the copyrighted work claimed to be infringed
  • Identification of the allegedly infringing material with sufficient information to locate it
  • Your contact information (name, address, telephone, email)
  • A statement that you have a good faith belief that the use is not authorized
  • A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner
  • Your physical or electronic signature

We will respond to valid DMCA notices by removing or disabling access to the allegedly infringing content. Repeat infringers will have their accounts terminated.

8. Law Enforcement Cooperation

We cooperate fully with law enforcement agencies investigating illegal activities. We may disclose user information and content to law enforcement when required by law, legal process, or when we believe in good faith that disclosure is necessary to protect the rights, property, or safety of FileNotch, our users, or the public.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR SECURITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT ON THE SERVICE, INCLUDING USER-UPLOADED CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FILENOTCH AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, exemplary, or punitive damages
  • Loss of profits, revenue, data, use, goodwill, or other intangible losses
  • Damages resulting from any content uploaded, downloaded, or shared by users
  • Damages from viruses, malware, or other harmful content obtained through the Service
  • Damages resulting from unauthorized access to or alteration of your data
  • Damages resulting from interruption, suspension, or termination of the Service
  • Damages resulting from any third-party content or conduct
  • Damages arising from your violation of any third-party rights
  • Any other damages arising from your use of or inability to use the Service

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF FILENOTCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF $50 USD OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FILENOTCH, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: (a) your use of or access to the Service; (b) any content you upload, share, download, or distribute through the Service; (c) your violation of these Terms; (d) your violation of any applicable laws or regulations; (e) your violation of any rights of any third party; (f) any claim that your content caused damage to a third party; or (g) any dispute between you and any third party. This indemnification obligation will survive termination of these Terms and your use of the Service.

12. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms. Upon termination, your right to use the Service will immediately cease, and we may delete your account and any associated content.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved in the courts of competent jurisdiction.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FileNotch regarding your use of the Service and supersede any prior agreements.

16. Assumption of Risk and Release

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • Your use of the Service is at your sole risk
  • You are solely responsible for any damage to your computer system or mobile device, loss of data, or other harm that results from your use of the Service
  • You are solely responsible for any content you upload, and any consequences thereof
  • Files available through the Service may contain harmful content, and you download them at your own risk
  • We have no obligation to verify the identity of users or the legality of content

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE FILENOTCH AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, OR EXPENSES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR ANY USER CONTENT.

17. Contact Information

If you have any questions about these Terms, please contact us at hello@gnomeapps.com

18. Reporting Violations

If you become aware of any content that violates these Terms or is otherwise illegal, please report it immediately to hello@gnomeapps.com. We take all reports seriously and will investigate promptly.