Terms & Conditions (AGB)

Placeholder: Replace [Provider name], [Provider address] and [abuse@example.com] with the real operator details before this service goes live. Have these terms reviewed by a lawyer before relying on them.

1. Scope

These Terms and Conditions ("Terms") govern the use of the derUpload file-hosting and file-sharing service ("Service") operated by [Provider name], [Provider address] ("we", "us", "Provider"). By uploading a file or creating an account, you ("User") accept these Terms.

2. Description of the Service

derUpload lets Users upload files and share them via a link. Files can be uploaded anonymously or through a registered account. Registered accounts receive a higher per-file size limit and a total storage quota, shown in the account's "Limits" section. The Service may offer an optional paid upgrade (see clause 8).

3. Registration and account security

Registration requires a valid email address. The User is responsible for keeping their login credentials confidential and for all activity that occurs under their account. The User must notify us without delay if they suspect unauthorized access to their account. We recommend enabling two-factor authentication, available in the account's "Security" section.

4. Permitted use / prohibited content

The User must not upload, store or share content that:

  • infringes copyright, trademark or other third-party intellectual property rights;
  • is unlawful under applicable law, including but not limited to child sexual abuse material, content glorifying violence, or material that is defamatory, threatening or harassing;
  • contains malware, viruses or other harmful code (uploads are automatically scanned; files identified as malicious are rejected, see clause 6);
  • violates the privacy or personal rights of third parties; or
  • is used to send unsolicited bulk messages (spam) via the Service's email/recipient features.

We reserve the right to remove content and suspend or terminate accounts that violate this clause, without prior notice, and to report unlawful content to the competent authorities where required by law. Reports of abusive content can be sent to [abuse@example.com].

5. Storage duration and deletion

Unless the User selects a specific retention period at the time of upload, an anonymously uploaded file that receives no downloads for 30 consecutive days is automatically deleted. Every download resets this 30-day countdown. If the User selects a specific retention period, the file is instead kept until that chosen date regardless of download activity, and is deleted automatically once that date passes. Files can also be deleted manually at any time by the uploader via the delete link or account dashboard; deletion is permanent and cannot be undone. We reserve the right to delete files earlier where required by law, by a court order, or under clause 4.

6. Malware scanning

Every uploaded file is automatically scanned for known malware before it becomes available for download. Files identified as malicious are rejected and are not stored. This scan reduces but does not eliminate risk; it is not a substitute for the User's own security software. If the scanning service is temporarily unavailable, we may fail-open (allow the upload to proceed unscanned) rather than block the Service entirely; such files are flagged internally and not shown as "scanned" on the download page.

7. Availability and no warranty

We aim for high availability of the Service but do not guarantee uninterrupted access. The Service is provided "as is". We are not liable for loss of files caused by circumstances outside our reasonable control (e.g. force majeure, third-party infrastructure failure), except to the extent caused by our intent or gross negligence. Users are responsible for keeping their own backup copies of important files; derUpload is a sharing tool, not a backup service.

8. Paid upgrades

We may offer a one-time paid upgrade that removes the per-file size limit and total storage quota for the purchasing account, for as long as that account exists. Prices are shown in the purchase flow before payment and include statutory VAT where applicable. Payments are processed by a third-party payment provider; we do not store card details. As the upgrade is a digital service that is fully performed immediately upon purchase (instant activation), the User expressly agrees to immediate performance and acknowledges that, in doing so, they lose their statutory right of withdrawal pursuant to ยง 356(5) BGB, to the extent permitted by law.

9. Termination

Users may delete their account at any time by contacting us at [abuse@example.com] or, where available, via the account settings. We may suspend or terminate an account with notice for breach of these Terms, or without notice in cases of serious violations (e.g. uploading unlawful content). Termination does not entitle the User to a refund of any paid upgrade already consumed.

10. Data protection

Details on what personal data we process and why are set out in our Privacy Policy, which forms part of these Terms.

11. Changes to these Terms

We may update these Terms from time to time, e.g. to reflect new features or legal requirements. Registered Users will be notified of material changes (e.g. by email or an in-app notice) with reasonable notice before they take effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.

12. Final provisions

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Where the User is a consumer, mandatory consumer-protection provisions of the User's country of habitual residence remain unaffected. If any provision of these Terms is or becomes invalid, the remaining provisions stay in effect. [Insert place of jurisdiction if the User is a merchant, e.g. "Place of jurisdiction: ..."].

Last updated: 2026-09-16