Terms of Use

OTDrop is a free, browser-based file exchange utility. Files you upload are encrypted in your browser before leaving your device, stored in encrypted form on our infrastructure, and delivered to a recipient you designate. If you set a passphrase, the recipient must enter it before downloading. Transfers are automatically deleted seven (7) days after creation or upon first successful download, whichever is earlier.

We offer the Service free of charge as a convenience. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee delivery, retention, availability, or suitability for any particular purpose, and we undertake no specific standard of effort with respect to the Service.

You must be at least eighteen (18) years of age and legally competent to enter into these Terms. By using the Service you represent and warrant that you meet this requirement. The Service is not directed to children under 13, and we do not knowingly collect personal information from them.

Access to sender features requires authentication via a third-party identity provider (Google or Microsoft). You are responsible for maintaining the security of your identity-provider account and for all activity that occurs under your authenticated session.

Recipients claiming a transfer do not create an account; if the sender set a passphrase, the recipient enters it to unlock the file.

You agree not to use the Service, and not to permit any person acting through you to use the Service, to transmit, store, or request transmission of any of the following. The list is non-exhaustive — if content resembles any of the categories below, assume it is prohibited:

Regulated content the Service is not designed for:

• Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations, including electronic PHI (ePHI). We are not a HIPAA-covered entity or business associate, and no Business Associate Agreement is or will be in effect.
• FERPA-protected education records as defined by the Family Educational Rights and Privacy Act and its implementing regulations.
• Payment card data (primary account numbers, full magnetic stripe data, CVV/CVC) subject to PCI-DSS.
• Classified, export-controlled, or otherwise restricted information, including information subject to ITAR, EAR, or similar regimes, and information whose transfer would violate U.S. or applicable foreign sanctions.
• Personal information of EU/UK/California residents to the extent your use would require us to act as a processor under GDPR, UK GDPR, or CCPA/CPRA. We do not offer a Data Processing Addendum.
• Any other data category whose handling imposes statutory, regulatory, or contractual obligations on us that are not expressly accepted in writing.

Unlawful, harmful, or unethical content:

• Child sexual abuse material (CSAM), or any material that sexualizes minors, in any form.
• Pornography, sexually explicit material, or material depicting non-consensual sexual conduct.
• Content that threatens, harasses, stalks, defames, or incites violence against any person or group.
• Content promoting, enabling, or depicting terrorism, mass violence, self-harm, or cruelty to animals.
• Malware, viruses, ransomware, exploits, rootkits, credential-stealers, or any software intended to cause harm or gain unauthorized access.
• Content that infringes any intellectual-property, publicity, privacy, or contractual right of another person.
• Content used in furtherance of fraud, identity theft, money laundering, market manipulation, or any other unlawful act.
• Any activity that is illegal in your jurisdiction, in the recipient's jurisdiction, in the United States, or under the laws governing these Terms.

Abuse of the Service:

• Circumventing, probing, or attempting to bypass any security, authentication, rate-limiting, or access-control mechanism.
• Automated scraping, crawling, or non-human access except via interfaces we publish for that purpose.
• Reverse-engineering, decompiling, or extracting source code except to the extent such restriction is prohibited by applicable law.
• Using the Service to send unsolicited commercial communications (spam) or to harvest contact information.
• Creating multiple accounts to evade limits, suspensions, or bans.

We may, but are not obligated to, review, restrict, suspend, or terminate use of the Service at any time for any reason, including based on a good-faith belief that use of the Service may violate these Terms.

You retain all rights in content you transmit through the Service. You grant us a limited, non-exclusive, worldwide, royalty-free license to transmit, store, process, and deliver that content solely to operate the Service and comply with law. This license terminates when the content is deleted in the ordinary course (seven days or first download) except to the extent we retain anonymized or aggregated operational logs.

You represent and warrant that (a) you own or have the necessary rights and permissions to transmit the content, (b) your transmission and the recipient's receipt will not violate any third-party right or applicable law, (c) the recipient has consented to receive the content and to receive the email notifications the Service delivers on your behalf, and (d) the content does not fall within any prohibited category in Section 4.

You alone are responsible for the lawfulness, accuracy, and consequences of your transfers.We do not inspect content (we cannot — it is end-to-end encrypted), and we do not vet recipients.

Our collection and use of personal information is described in the Privacy Policy, which is incorporated into these Terms by reference. File contents are encrypted in your browser and we do not have access to the plaintext. Metadata (recipient contact information, filenames, file sizes, timestamps) is stored in readable form and is subject to the Privacy Policy.

By using the Service, you consent to receive communications from us necessary to operate the Service (transactional notifications, security alerts, legal notices), and you consent to receive marketing communications from us by email about products and services we believe may interest you. You may opt out of marketing communications at any time by following the unsubscribe link in any marketing email. Opting out of marketing will not end transactional communications required to operate the Service or fulfill legal obligations.

Email notifications are delivered through third-party communications providers on our behalf.

The Service integrates with third-party providers. Your use of those providers is governed by their respective terms and privacy policies. We are not responsible for the acts, omissions, availability, or data practices of any third party.

We do not commit to any level of uptime, throughput, or retention. We may add, remove, or modify features at any time, with or without notice, and we may suspend, limit, or discontinue the Service — or your access to it — at any time and for any reason or no reason. We are not liable for any such change or discontinuation.

The Service, including its software, design, branding, and documentation, is owned by us or our licensors and is protected by intellectual-property law. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. All rights not expressly granted are reserved. "OTDrop", the OTDrop logos, and related marks are our trademarks; no license to our marks is granted by these Terms.

If you send us suggestions, ideas, or feedback about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and exploit that feedback without obligation to you.

You may stop using the Service at any time. We may terminate or suspend your access at any time, with or without notice, with or without cause, and without liability to you. Upon termination, Sections 4–6, 9–19, and any provision that by its nature should survive will survive.

The Service is provided "as is" and "as available" without warranty of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, reliability, security, or absence of errors or viruses, and any warranty arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that transfers will be delivered, that content will be preserved, or that the Service will meet your requirements. No system is impenetrable and encryption and security controls may be circumvented. You use the Service at your own risk.

Some jurisdictions do not permit the exclusion of certain warranties; in those jurisdictions the exclusions apply to the maximum extent permitted by law.

To the maximum extent permitted by law, in no event will NuSecuritas, its owners, officers, employees, agents, licensors, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; for lost profits, lost revenue, lost data, loss of goodwill, or business interruption; or for any damages arising out of or relating to unauthorized access to or alteration, transmission, loss, corruption, or unauthorized disclosure of any content — whether based on contract, tort (including negligence), strict liability, or any other theory — even if we have been advised of the possibility of such damages.

Our aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, which for a free Service is zero dollars (US$0.00), or (b) five U.S. dollars (US$5.00).

The limitations in this Section apply whether or not we have been advised of the possibility of the damages and whether or not any limited remedy fails of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages; in those jurisdictions our liability is limited to the smallest amount permitted by law.

You will defend, indemnify, and hold harmless NuSecuritas, LLC and its owners, officers, employees, agents, licensors, and service providers from and against any and all claims, demands, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of or inability to use the Service, (b) content you transmit or cause to be transmitted through the Service, (c) your breach of these Terms or any representation, warranty, or covenant herein, (d) your violation of any law or any right of any third party, including any privacy, publicity, intellectual-property, contractual, or consumer-protection right, and (e) any dispute between you and any recipient, sender, or other third party relating to the Service. We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification, in which case you will cooperate in asserting available defenses.

These Terms are governed by the laws of the State of Michigan, United States, without regard to its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 17, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Hillsdale, Michigan for any matter not subject to arbitration.

Please read this Section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may bring a claim in small-claims court if it qualifies. The arbitration will be conducted in Hillsdale, Michigan or, at your election, by telephone or video. The arbitrator may award any relief that a court could award on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and we agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one party's claims or preside over any form of representative or class proceeding.

Thirty-day opt-out. You may opt out of this Section 17 by sending written notice to PO Box 702, Hillsdale, MI 49242 within thirty (30) days of first accepting these Terms, stating that you decline arbitration and including your name and the email address associated with your account. Opting out does not affect the remainder of these Terms.

If any portion of this Section 17 is found unenforceable, the remainder of the Section will remain in effect, except that if the class-action waiver is found unenforceable, the entirety of this Section will be void, and the parties will resolve the Dispute in court subject to Section 16.

We may revise these Terms at any time by posting the revised version at otdrop.com/terms and updating the Effective Date. Material changes will be noted on the page. Your continued use of the Service after a revision constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, stop using the Service.

• Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us about the Service and supersede any prior agreement on the same subject.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver of that provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign freely, including to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
• No agency. No partnership, joint venture, employment, or agency relationship is created by these Terms.
• Headings. Section headings are for convenience only and do not affect interpretation.
• Notices. Notices to us must be sent to to NuSecuritas, LLC, PO Box 702. Notices to you may be sent to the email address associated with your account or posted on the Service.
• Government users. If you are a U.S. government entity, the Service is "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202.

NuSecuritas, LLC

PO Box 702