Terms of Service

This website is operated by Auslogics Labs Pty Ltd (FileWhopper.com). Throughout the site, the terms “we”, “us” and “our” refer to FileWhopper.com. FileWhopper.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation visitors, customers and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Summary of the FileWhopper.com Service

FileWhopper.com was created to provide services for transferring very large files and folders (with no size limit) over the web from one person to another. Users are required to pay a one-time fee that depends on the file size every time they send a file with the Service. FileWhopper.com does not require purchasing a monthly storage plan. Uploading, sending and receiving files through the Service is subject to specific terms listed further in this document.

2. Prohibited uses

Users of the FileWhopper.com Service are solely responsible for the content they upload to the FileWhopper.com website. By using the service you confirm that you have full legal rights to the content you upload and are authorized to use it in the way it is used.
You are prohibited from using the site or its content:
  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for any of the prohibited uses.

3. Copyrights

You are solely responsible and liable for the files and folders you upload. You must have the appropriate permission or the copyright to transfer files and folders to another person.
Failure to ensure that the copyright laws are kept may result in civil or criminal penalties.

4. File upload terms

  • - File uploading and downloading is done using a desktop client application, which is available for download from the online account once a user signs up for the Service.
  • - Files or folders may be uploaded after payment is made. The upload process must be completed within 14 days. After that eligibility for a refund expires.
  • - The FileWhopper client applications support simultaneous uploading and downloading. A link to the file is provided once the upload process begins, so the recipient may be given the link and may start the download right away, without waiting for the upload to complete.
  • - To upload a folder, the sender must have administrator rights to its contents, otherwise the folder will be identified as empty.
  • - Once a folder had been assessed and paid for, its contents may not be modified in any way, or the upload will not be possible.
  • - Files are encrypted before being transmitted to ensure secure transfer. A password is automatically generated when the upload is started. This password is required for the recipient to start the download, so it must be provided to the recipient along with the download link.
  • - The password is only known to the file owner and whoever they share it with. FileWhopper does not have access to the password and therefore is unable to access the files being transmitted.
  • - The password may be changed by the file owner before its is saved. The new password must be 6 to 64 characters in length.
  • - The password may be saved on the file owner's desktop as a .txt file (optional). Once it is saved, it may not be changed or restored, so it is important that the file owner keep the password until the file is downloaded by the recipient.
  • - Once a file has been paid for and started uploading, it is stored on the server for 14 days, unless an optional storage extension has been ordered and paid for. It is the user’s sole responsibility to ensure that the recipient gets the download link and downloads the file within the storage time that has been paid for.

5. File storage terms

  • - The uploaded file is stored on the server for 14 days from the moment the upload begins, unless an optional storage extension has been ordered and paid for. At the end of the paid for storage term, the file gets automatically deleted.
  • - The uploaded file gets automatically deleted after it has been downloaded by 1 (one) user, unless an optional service of multiple downloads has been ordered and paid for.
  • - Links to all uploaded files that are being stored with the Service can always be found in the user’s online account on FileWhopper.com.

6. File download terms

  • - The file recipient has 14 days to download the file from the moment the file starts uploading. File download is done through the desktop client application.
  • - To start the download, the recipient needs to get a unique link from the file owner and a password, which is required for accessing the download.
  • - The file may be downloaded once only, unless additional downloads are ordered and paid for in advance by the file owner. Once the file is downloaded, it gets deleted from the server.
  • - If a download is already in progress, the file link gets disabled for all other users, unless additional downloads have been ordered and paid for by the file owner.

7. Third-party tools and links

We may provide you with access to third-party tools or links to third-party sites over which we have no control.
You acknowledge and agree that we provide access to such tools or links ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools or links.
You acknowledge and agree that we provide access to such tools or links ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools or links.
We may also, in the future, offer new services and/or features through the website (including, the addition of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

8. Warranties

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate, reliable or will not disappoint you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

9. Payment and refund policy

All services received from FileWhopper.com are subject to this refund policy. A customer pays a one-time fee that depends on the file/folder size and is quoted prior to ordering. After making the payment, the user is able to upload the file or folder of the specified size to the Service. The upload must be completed within 14 days of when it starts or no refund will be available.
Full refunds (regular price + additional services if paid for) are provided within 3 calendar days of payment for one of the following reasons:
  • - File or folder could not be sent due to FileWhopper.com's fault, such as server issues that prevented or interrupted data transfer;
  • - You changed your mind and decided not to send the file/folder, AND it has not actually been uploaded yet.
Also, a 25% refund can be issued upon the User’s request in case there were no downloads within 14 days after the file started uploading.
Refunds for additional services are issued upon the User’s request in the following cases:
1) 5 additional downloads
  • - a full refund for this additional service is issued in case there were no downloads within 14 days after the file started uploading.
  • - a 50% refund for this additional service is issued in case there were only 1 or 2 downloads of the file
  • - a 25% refund for this additional service is issued in case there were only 3 or 4 downloads of the file
2) Additional 14 days of storage
  • - a full refund for this additional service can be issued before the additional 14 days begin, in case you change your mind and decide not to store the file/folder for this additional time. The storage time limit will be set back to the standard 14 days from the upload start date.
3) File insurance (storing the file/folder for 90 days + 2 additional downloads)
  • - a full refund for this additional service can be issued in case you change your mind and decide not to use this option. The storage time limit will be set back to the standard 14 days from the upload start date, and no extra downloads will be available for this file/folder. The refund is possible if the User applies for it within 14 days from the upload start date.
  • - a 50% refund for this additional service is issued in case you decide to set the storage time limit back to the original 14 days (instead of 90), but keep the 2 additional downloads that come with the service. The refund is possible if the User applies for it within 14 days from the upload start date.
  • - a 25% refund for this additional service is issued in case you decide to give up the 2 extra downloads, but keep the additional storage days. The downloads number will be reduced to the original 1 as soon as the User’s request is received and confirmed by FileWhopper support team. The refund is possible if the User applies for it within 14 days from the upload start date, and as long as none of the additional 2 downloads have been started.

10. Limitation of liability

In no case shall FileWhopper.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend and hold harmless FileWhopper.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

12. Personal information

Your submission of any personal information to the FileWhopper.com Service is governed by our Privacy Policy. If you provide any personal information directly to other users you deal with using the FileWhopper.com Service, you agree that sharing information in this way falls under your sole responsibility and may not be protected, secured or guaranteed by FileWhopper.com.

13. Changes to these Terms

FileWhopper.com reserves the right to change, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes in the Terms of Service will be effective when posted. You agree to review these Terms periodically to stay up to date on any changes. Your continued use of this website after any changes to these Terms of Service are considered acceptance of those changes.

14. Contacts

If you have any questions regarding these Terms or any other legal document on FileWhopper.com, please contact info@filewhopper.com