Direct Share Secure direct data sharing

Privacy Policy & Terms of Service

Privacy Policy

Last updated: May 02, 2023

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies on the Cookie information for Google's ad products article.

We use both Session and Persistent Cookies for the purposes set out below:

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

We may share Your personal information in the following situations:

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

Terms of Service

Effective as of May 3, 2024.

The following terms and conditions (the "Agreement") govern all use of the "Send Anywhere" application ("Application"). The Application is owned and operated by Direct Share. The Application is subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein.

BY USING OR ACCESSING ANY PART OF THE APPLICATION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

Direct Share reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. User's continued use of the Application following email notification of any changes to this Agreement constitutes acceptance of those changes. This Agreement is void where prohibited by law, and the right to access and use the Application is revoked in such jurisdictions.

1. Age Restriction

User hereby certifies to Direct Share that if User is an individual (i.e., not a corporation), User is at least 14 years of age. User also certifies that it is legally permitted to use the Application.

2. License

Subject to the terms and conditions of this Agreement, User is hereby granted a non-exclusive, non-transferable, non-sublicensable, terminable license to access downloads and use the Application solely for the purposes for which the Application is provided, provided that Direct Share reserves the right to charge User fees for the license with advanced notices of not less than seven (7) days. This license is personal to User and User will not use the Application for any commercial purpose.

3. Restrictions

User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, Direct Share shall own all titles, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof.

User shall not (i) submit false information to the Application, or (ii) use the Application for any purpose that is unlawful or prohibited by this Agreement.

4. File Sharing and User Content

The Application allows Users to store, sync, and share documents, files, materials, content, data, and any other information User submits to, or through, the Application (User's "Content").

USER ACKNOWLEDGES AND AGREES THAT BY UTILIZING ANY OF THE AFOREMENTIONED FEATURES, USER CONSENTS TO Direct Share AND ITS AGENTS AND PROVIDERS (I) ACCESSING YOUR DEVICE FOR SUCH PURPOSES, AND (II) STORING, SYNCING, AND SHARING USER'S CONTENT AS INDICATED/REQUESTED BY USER THROUGH USER'S USE OF THE APPLICATION. USER HEREBY GRANTS TO Direct Share ALL NECESSARY RIGHTS AND LICENSES (SUCH AS THE RIGHT AND LICENSE TO USE, COPY, MODIFY, TRANSMIT, DISTRIBUTE, STORE, AND CACHE SUCH CONTENT) AS REASONABLY NECESSARY FOR Direct Share TO ACHIEVE SUCH ACTIVITIES.

User is solely responsible for maintaining and protecting all Content that is stored, retrieved, or otherwise processed by or in connection with the Application. Without limiting the foregoing, User will be responsible for all costs and expenses that User or others may incur with respect to backing up, and restoring and/or recreating any Content that is lost or corrupted. User accesses/uses/relies on the Content of other Application users at User's own and sole risk.

With respect to all Content, User represents and warrants that (i) User has the full right and authority to access and distribute, (ii) no such Content will infringe or misappropriate or otherwise violate the rights of any third party, (iii) no such Content will violate any law or regulation, (iv) no such Content will be disparaging or defamatory toward others, sexually explicit, or abusive, (v) no such Content will be contrary to, or inconsistent with, the social mores, ethics, or public policies, (vi) no such Content will contain any direct or indirect messages or nuances that may be seen as advocating or promoting any illegal, illicit, immoral, violent, or unethical activities or ideas, (vi) no such Content will damage or otherwise adversely affect the Application or any of the systems used by or on behalf of Direct Share to host or otherwise provide the Application.

5. Registration; Security

As a condition to using certain products and services of the Application, User will be required to register with Direct Share and enter their name, email address, and password ("Send Anywhere User ID"). User shall provide Direct Share with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a Send Anywhere User ID a name or email address of another person; or (ii) use as a Send Anywhere User ID a name or email address subject to any rights of a person other than User without appropriate authorization. Direct Share reserves the right to refuse registration of, or cancel a Send Anywhere User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Send Anywhere password and other account information.

6. Provision of Information and Posting of Advertisements

  1. Direct Share may post a variety of information on the screen of the Application or provide it to its users via email or through other methods.
  2. Direct Share may post various advertisements related to the services of the Company and affiliated companies on the screen of the Application or provide them to its users via email or through other methods after obtaining consent from its users.
  3. Users, both with and without membership, shall not take any measure to change, modify, or restrict the postings or other information related to the service provided by Direct Share.
  4. Communicating or making transactions with an advertiser by interacting with the advertisement posted in the service or through the service when there is a promotion activity, is entirely a matter between the User and the advertiser. In the event that there is a dispute or a problem between a User and an advertiser, it shall be resolved directly by the User and the advertiser, and Direct Share shall not take any responsibility or liability in this respect.

7. Service Fees

Direct Share offers two kinds of paid services as follows. Paid services are all prepaid, and service details and usage fees are posted on each platform.

  1. One-time app purchase

    This service is available after a one-time app purchase at the Google Play Store and Microsoft Store Store. Once purchased, it allows user to use application using the Google Play Store account or the Microsoft Store account.

    The refund policy for the ad removal in-app purchase follows the terms and conditions of each store.

  2. Subscription service

    (i) Subscription service allows you to remove ads on all platforms and use the premium features and add-ons with your Send Anywhere account.

    There are two plans of subscription service: Standard plan and Lite plan. You can find more information about the features of each plan on the Application’s website.

    If User changes from Standard plan to Lite plan, the change will take effect from the next payment date.

    If User changes from Lite plan to Standard plan, the change will take effect immediately. The refund for the remaining time of the Lite plan will be made on a pro-rata basis, commencing from the completion of the change.

    This is a subscription model for paying service fees on a monthly basis or yearly basis. You can purchase this subscription service on the Application’s website. For monthly payment, you will be automatically charged on the same day of the month and at the same time, based on the date of your first payment. However, in the month that does not include the payment date, the payment will be made on the last day of the month. For yearly payment, you will be automatically charged on the same day of the same month and at the same time, based on the date of your first payment. However, if the same day of the same month is not present in the following year, the payment will be made on the last day of the month.

    If you change your payment method from yearly to monthly, the new payment method will be applied from the next payment date. However, if you change your payment method from monthly to yearly, the new payment method will take effect immediately. The refund for monthly payment will be made on a pro-rata basis, commencing from the completion of the change.

    If you cancel your recurring payment, your one-month period for monthly payment or one-year period for yearly payment will be retained and any funds already paid will not be refunded. You must request a refund within 7 days of payment by contacting ModernSoftwareSolutions@outlook.com. Refunds can only be made if there is no history of use after payment, and no refund will be given if the service is used even once.

    (ii) When you exceed the transfer data limit while using this subscription service, you can reset the transfer data limit by making a separate payment on the Application’s website. Refunds will not be made after the transfer data limit has been reset.

The following information applies to all paid services:

(i) The user must check the details of the service before using the paid service, (ii) Direct Share shall not be liable for any problems arising from payment made by the User without confirming the details of the Paid Services, (iii) Users must use their own payment method when paying for paid services. You are responsible for any issues that Users may incur with the use of others' payment methods, (iv) Repeated payment or unauthorized access is prohibited unless you intend to use paid services, (v) paid services shall be used only by Users at least 18 years of age, (vi) Direct Share can change the rates and charges and notify you within 30 days of the change.

8. API

Terms governing User's use of Send Anywhere API must be separately entered and are accessible to download from here. Under the separate terms, if applicable, Direct Share may also grant you a separate non-exclusive, non-transferable, non-sublicensable, non-assignable license to access and use the Send Anywhere Services for personal or business purposes. Such terms governing User's use of Send Anywhere API may contain pricing policies.

9. Indemnification

User is responsible for all of its activity in connection with the Application, including any Contents. User shall defend, indemnify, and hold harmless Direct Share, its affiliates and each of its affiliates' employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with User's (i) access to or use of the Application, (ii) Content, or (iii) violation of this Agreement.

10. Warranty Disclaimer

THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Direct Share MAKES NO WARRANTY THAT (I) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (II) THE APPLICATION WILL NOT DAMAGE OR ALTER CONTENT, OR (III) THE RESULTS OF USING THE APPLICATION WILL MEET USER'S REQUIREMENTS OR EXPECTATIONS. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11. Limitation of Liability

IN NO EVENT SHALL Direct Share, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY DAMAGE CAUSED TO ANY CONTENT BY THE APPLICATION OR OTHERWISE, OR (IV) FOR MATTERS BEYOND Direct Share'S REASONABLE CONTROL. USER UNDERSTANDS THAT THE APPLICATION MAY CONTAIN BUGS OR THE LIKE, OR MAY FOR OTHER TECHNICAL REASONS SUCH AS FORMAT COMPATIBILITY, CAUSE ALTERATION OR DAMAGE TO CONTENT – AND USER ACCEPTS SUCH RISK. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12. Termination

Direct Share may terminate, and subsequently further refuse to grant, User's access to the Application at any time, with or without cause. Upon termination, User will no longer access (or attempt to access) the Application. User may terminate User's account at any time through User's account page. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers and limitations of liability. User acknowledges and agrees that upon termination, User's contents will no longer be available if not sooner deleted per Direct Share's policies, which may be amended from time to time without notice to Users.

13. Request from Law Enforcement Agencies

User agrees that Direct Share may from time to time receive requests from law enforcement agencies to search and deliver any data concerning Contents, User's identification, User's usages, Content itself, and other similar information and may comply with such requests with or without advance notices to User.

14. Miscellaneous

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Direct Share shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Direct Share's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). Parties may seek equitable reliefs such as injunctions and specific enforcements in addition to damages. In any proceedings or actions arising out of this Agreement, the prevailing party is entitled to reasonable attorney's fees and all costs incurred in connection with such proceedings and actions. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary and all other provisions of this Agreement shall otherwise remain in full force, in effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by User except with Direct Share's prior written consent. Direct Share may transfer, assign, or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the country where Direct Share's headquarter is located. User waives any defense based on lack of personal jurisdiction, inconvenient venue, lack of notice, defect in services of court documents, forum, and any other similar doctrines. User agrees that a notice by an email specified by User constitutes a valid notice for delivery of summons and other court documents. User agrees that Direct Share may enforce any orders or judgments (which it may obtain from a court located in the country where Direct Share's headquarter is then located) in a country where User resides. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Direct Share in any respect whatsoever.

15. Acknowledgment of Complete Understanding

By downloading, accessing, and/or using Application in any way, User explicitly acknowledges that User has read, understood, and agreed to all of the provisions of this Agreement regardless of whether User's primary language is English or not.