Terms of Use

1. Overview of the Service

Securely Send is a cloud-based platform that enables users to send and receive secure messages and share files with designated recipients. The Service includes both free and paid subscription plans, which vary by feature availability, storage capacity, and usage limits. Details of current plans can be found on our Plans page.

Securely Send may utilize third-party providers such as Amazon Web Services (AWS) for data storage and Amazon Simple Email Service (SES) for email delivery. Your use of the Service constitutes acknowledgment and acceptance that these third parties assist in the operation of our platform.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or use this Service. By using Securely Send, you represent and warrant that you have the legal authority to enter into this Agreement.

3. Change to Terms

We may update these Terms or our Privacy Policy from time to time. Any changes will take effect when posted on our website. For material updates, we may notify registered users by email. Your continued use of the Service after changes have been posted means you accept those changes.

4. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to notify Securely Send immediately of any unauthorized access or security breach.
Securely Send is not liable for losses arising from unauthorized account activity caused by your failure to safeguard your login information.

5. Data Retention and File Storage

Files uploaded through Securely Send are temporarily stored on our secure servers and automatically deleted after the designated retention period or upon account termination. Securely Send does not guarantee the availability, restoration, or continued accessibility of any uploaded file once deleted or expired.

While Securely Send employs reasonable encryption and security practices, no method of transmission or storage is completely secure , and we cannot guarantee absolute protection against all forms of data loss or unauthorized access.

6. User Responsibilities and Prohibited Use

By using Securely Send, you agree not to:

• Upload, share, or transmit any file or message that violates applicable law, including copyright or intellectual property laws.
• Upload or distribute content that contains malware, viruses, or other harmful code.
• Use the Service to harass, defame, or distribute hateful or pornographic material.
• Attempt to access other users’ files or interfere with the normal operation of the Service.
• Use Securely Send for the transfer of regulated or sensitive data (including HIPAA-protected health information, financial account details, or government-classified data).

Securely Send reserves the right to suspend or terminate accounts and delete files that, in its sole discretion, are found to be in violation of these Terms or applicable law.

7. Intellectual Property and Copyright (DMCA)

All content and technology used to operate Securely Send, including trademarks, graphics, and source code, are the property of Vantux LLC or its licensors and are protected under copyright and intellectual property laws. If you believe your copyrighted material has been uploaded or shared through Securely Send without authorization, please submit a DMCA Takedown Notice to: support@securelysend.com
Include the following:

1. A description of the copyrighted work.
2. A link or reference to the material you claim is infringing.
3. Your contact information and a statement made under penalty of perjury that you are authorized to act on behalf of the copyright owner.

8. Paid Plans and Billing

Paid subscriptions are billed in advance according to the selected plan. You may cancel your subscription at any time and your remaining term of plan will remain but you would not be charged again.

Securely Send reserves the right to modify plan pricing, features, or availability, provided reasonable notice is given for existing subscribers.

9. Termination

Securely Send may suspend or terminate your account at any time, with or without notice, if you violate these Terms or engage in conduct harmful to the Service or other users.

Upon termination:

• Access to your account and files will be disabled.
• All stored files may be permanently deleted and cannot be recovered.
• For paid plans terminated without cause, a prorated refund may be issued.

10. Privacy and Data Protection

Your use of Securely Send is also governed by our Privacy Policy. We collect and process personal data as necessary to provide our Service, including account registration, file transfers, and support communications.

We comply with applicable privacy laws, including the California Consumer Privacy Act (CCPA) and the EU General Data Protection Regulation (GDPR) where applicable. By using the Service, you consent to our collection, processing, and transfer of data as described in the Privacy Policy.

11. Warranties Disclaimer

The Service is provided “as is” and “as available.” Securely Send makes no warranties, express or implied, including but not limited to:

• The Service being error-free, uninterrupted, or compatible with all devices.
• Guarantee of data retention or retrieval after deletion or expiration.
• Security of transmissions against all possible threats.

All implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, are disclaimed to the fullest extent permitted by law.

12. Limitation of Liability

To the maximum extent permitted by law, Vantux LLC, its officers, employees, and affiliates shall not be liable for:

• Any indirect, incidental, or consequential damages (including data loss, downtime, or lost profits).
• Any corruption, interception, or loss of files transmitted through the Service.
• Any damages exceeding the total fees paid by you to Securely Send in the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of liability, so certain portions of this clause may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless Vantux LLC, its affiliates, employees, and contractors from any claims, losses, or expenses arising out of:

• Your violation of these Terms
• Your use or misuse of the Service, or
• Any file, message, or content you upload, transmit, or distribute through Securely Send.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions. Any disputes arising under or relating to these Terms shall be resolved exclusively in the state or federal courts located in Denton County, Texas, and you consent to such jurisdiction.

15. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, along with the Privacy Policy and any applicable subscription agreements, constitute the entire agreement between you and Vantux LLC and supersede all prior communications or understandings related to the Service.