Terms of Service

1. Scope, provider, and contract language

These are pre-launch draft terms for yasync.com (the “Service”). The legal provider has not been verified or published, so these terms are not ready for public paid service. The remaining operator fields are listed on the imprint.

These terms are drafted in English for readability. Where they refer to concepts of German law, the German legal meaning prevails.

2. Who may use the Service

The Service is available to consumers and businesses alike. Users must be at least 16 years old. Recipients of transfer links do not need an account and do not enter into a contract with us by downloading files; Sections 6 and 11 nevertheless apply to their use of the Service.

Anonymous senders use the Service without registration; these terms apply to them from the moment they start an upload.

3. Service description and development status

yasync is a file-transfer service: senders upload files, receive a link, and share it; recipients download the files through that link. Anonymous sending up to 5 GB is live. The implemented Free account tier supports 50 GB transfers. Credentials signup is enabled behind a development access code; it is not an open public-registration launch. The Pro tier covers larger transfers, whitelabel designs, links without automatic expiry, and included storage. Protected accounts can exercise checkout with Stripe test payment details; no real charge or production sale can occur. Limits are described on the pricing page at the time of use. Optional password protection is available on all tiers.

The Service is under active development. For the free tiers and features provided free of charge, the following applies:

• Features and limits may be changed, extended, or discontinued. When we change or discontinue a feature, we do so having reasonable regard to users’ legitimate interests.
• No specific availability level (uptime) is owed for free services. We operate the Service with reasonable care, but interruptions can occur.
• Scheduled maintenance may cause temporary unavailability. Where reasonably possible, we perform maintenance outside typical working hours.

The planned free-tier model uses consent-gated advertising on certain pages (see the Privacy Policy for the launch requirements). Advertising is disabled in development; Pro is designed to remain ad-free.

To the extent permitted by law, and except as expressly stated in these terms, the Service is provided without further warranties or guarantees — in particular, we do not guarantee that the Service is suitable for a specific purpose of the user or that it is available without interruption. Statutory rights, the warranty rules in Section 10, and our liability under Section 11 remain unaffected.

4. Accounts

Creating an account requires an email address and a password. The account holder must keep their credentials confidential and must not share them with third parties. The account holder is responsible for activity that occurs under their account and must inform us without undue delay if they suspect unauthorized use.

Accounts may not be created by automated means or for the purpose of circumventing tier limits.

5. Planned Pro plan, prices, payment, term, and termination

No production checkout is enabled. The development checkout is visibly isolated in Stripe test mode and creates test subscriptions only. The Pro price is €39.99 per month with 1 TB of stored transfers. Storage beyond the included capacity (and any committed capacity) is billed through optional auto-scale storage at €7 per 100 GB per month, pro-rated by the day for the storage actually held. Auto-scale can be disabled in the dashboard at any time; while it is disabled, uploads that would exceed the available capacity are rejected with a clear notice instead of incurring charges. Additional committed capacity can be added in packs of 1 TB at €39.99 per month each. Increases start immediately and are charged pro-rata for the remainder of the current subscription period; decreases take effect at the next billing-period boundary without a partial-period refund. Committed capacity is consumed before any auto-scale billing. The applicable tax treatment and total amount due are shown before the customer places the order.

If launched after the operator and consumer gates are complete, checkout, payment, invoices, subscription management, and cancellation would be handled through the Stripe customer billing portal. The planned Pro subscription would run monthly and renew unless cancelled via the billing portal before the current period ends. Cancellation takes effect at the end of the current billing period; amounts already paid for that period are not affected. When Pro ends, transfers that exceed the free-tier rules (in particular transfers set to never expire) are scheduled for deletion after a reasonable grace period; export your files first.

Withdrawal notice for consumers (EU digital services). If you are a consumer in the EU, you have the statutory right to withdraw from the Pro subscription contract within 14 days of conclusion without giving reasons (§§ 312g, 355 BGB; Directive 2011/83/EU). A production checkout must provide a reachable withdrawal channel and statutory model form before paid sales are enabled. To withdraw, send an unambiguous statement through that published channel before the period expires; if you withdraw, we refund payments received for the withdrawn contract without undue delay. Because Pro is a digital service that begins immediately, we ask at checkout for your express consent to begin performance before the withdrawal period ends and for your acknowledgment of the consequences; where you use the service during the withdrawal period and then withdraw, you owe a proportionate amount for the service provided until withdrawal (§ 357a BGB).

The right of both parties to terminate for cause (§ 314 BGB) remains unaffected.

6. Acceptable use

The Service must be used lawfully. Users must hold all rights necessary for the files they upload or share through the Service — including rights to third-party works contained in them. It is prohibited to upload or distribute through the Service:

• content that infringes copyright, trademark, or other intellectual-property or personality rights of third parties;
• malware, ransomware, phishing material, or any content designed to compromise systems or deceive recipients;
• child sexual abuse material (CSAM) of any kind;
• doxxing material or dumps of personal data — personal data published or shared without a legal basis, in particular to expose, endanger, or harass the persons concerned;
• any other content whose possession or distribution is illegal under German or EU law.

In addition, users must:

• not attempt to penetrate or probe our systems, circumvent access controls, signed links, passwords, rate limits, or tier limits;
• not use the Service to send unsolicited bulk messages or to harm other users or third parties.

The development system has an authenticated transfer kill switch, but no staffed decision, notification, response, strike, or account-termination workflow is operational. Before public launch, a justified and documented process must be able to block unlawful transfers, notify affected users where legally permitted, provide reasons and redress, and handle repeat infringement as described in the takedown & abuse policy.

Anyone can report content they believe to be illegal via our report form; the implementation status and requirements for copyright (DMCA), counter-notices, and EU notice-and-action under the Digital Services Act are described in the takedown & abuse policy and on our compliance page.

7. Content and rights

Senders retain all rights to the files they upload. The sender grants us the non-exclusive right to process these files solely to the extent needed to provide the Service — in particular to store them and deliver them to the recipients the sender designates. We do not use uploaded files for any other purpose, and we do not scan them for advertising or profiling.

The software, platform, and all associated intellectual property of the Service remain the property of the Provider or its licensors.

8. Data protection

How we process personal data — including the advertising on free-tier pages and the consent it requires — is described in our Privacy Policy. The service providers we use, our infrastructure, and our security practices are listed on our compliance page.

9. Storage, expiry, and backups

yasync is a delivery service, not an archive. Transfers on the Anonymous and Free tiers are inaccessible when their links expire 24 hours after upload. Their files leave active storage at that point and are permanently purged from recovery storage within seven days. Pro transfers without an expiry remain stored while the subscription covers the storage they use.

Users remain responsible for keeping their own copies of their files. A deleted transfer may be recoverable only during the short recovery window; after permanent purge, we cannot restore it.

10. Warranty for defects

The statutory warranty rules apply, with the following modifications:

• The no-fault (strict) liability for defects that already existed at the time of contract conclusion (§ 536a(1) BGB, first alternative) is excluded.
• Users must report defects to us without undue delay.
• For services provided free of charge, we are liable for defects only where we have maliciously concealed them.

11. Liability

We are liable without limitation for damage caused by intent or gross negligence, for injury to life, body, or health, under the German Product Liability Act (Produkthaftungsgesetz), and where we have expressly assumed a guarantee.

In cases of slight negligence, we are liable only for the breach of essential contractual obligations — obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user regularly relies and may legitimately rely (cardinal obligations). In these cases, our liability is limited to the foreseeable damage typical for this type of contract. This limitation does not apply in the cases of unlimited liability described in the first paragraph of this section.

For loss of data, our liability is limited to the effort that would typically have been required to recover the data if the user had made regular, risk-appropriate backups. This limitation does not apply in the cases of unlimited liability described in the first paragraph of this section.

In all other respects, our liability is excluded. These limitations also apply in favour of our employees, representatives, and vicarious agents (Erfüllungsgehilfen).

For services provided free of charge — including the Anonymous and Free tiers — we are liable only for intent and gross negligence, in line with the statutory liability standard for gratuitous contracts (cf. §§ 521, 599 BGB). Our unlimited liability for injury to life, body, or health and under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

12. Indemnification

The user indemnifies us against all claims that third parties assert against us due to a culpable violation by the user of these terms or of applicable law — in particular due to content the user uploaded or shared through the Service in breach of Section 6. This includes the reasonable costs of our legal defense (statutory attorney and court fees).

The user will support us in defending such claims to a reasonable extent. The indemnification obligation does not apply where the user is not responsible for the violation. Our own claims and rights remain unaffected.

13. Changes to these terms

We may propose changes to these terms only where this is required by changes in the law or case law, by new or changed features, or by security or operational requirements, and only where the change does not upset the contractual balance to the user’s disadvantage. Proposed changes are announced in text form through a durable contact channel available to account holders at least four weeks before they take effect.

A proposed change takes effect if the user does not object within the notice period, provided we have expressly informed the user in the announcement of their right to object and of the consequences of not objecting. If the user objects, the change does not take effect against them, and either party may terminate the contract with effect from the date on which the change would have taken effect.

Changes to the core obligations of the contract — the Service itself or the prices — require the user’s consent, for example, by acceptance at the next login or checkout.

14. Final provisions

This draft assumes German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The verified operator and counsel must confirm the governing-law clause before these terms can govern a public contract; mandatory consumer protections remain unaffected.

[Any merchant-jurisdiction clause must be selected from the verified operator’s seat and approved before launch. No venue is asserted by this draft.]

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions is not affected.

[The verified operator must publish its decision and required disclosure under § 36 VSBG before public consumer service begins.]

15. Contact

A reachable electronic contact must be added before public launch: