SecureShare Terms of Service

Last Updated: June 11, 2025

1. ACCEPTANCE OF TERMS

SuperHeavy Industries LLC is doing business as SecureShare ("we", "us", or "our"). By accessing or using SecureShare ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. DESCRIPTION OF SERVICE

SecureShare is a zero-knowledge, end-to-end encrypted file sharing service that allows users to securely share files either through temporary server storage or direct peer-to-peer transfers via WebRTC. We employ client-side encryption using AES-256-GCM, ensuring that we cannot access, view, or decrypt your files or filenames.

3. ZERO-KNOWLEDGE ARCHITECTURE

4. USER RESPONSIBILITIES AND CONDUCT

4.1 Lawful Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Share, upload, or distribute any content that infringes copyright, trademark, or other intellectual property rights
• Use the Service to share illegal, harmful, threatening, abusive, defamatory, or obscene content
• Share malware, viruses, or any other malicious code
• Use the Service for any commercial purpose without prior written consent
• Attempt to circumvent or disable any security features of the Service
• Share content that violates any applicable local, state, national, or international law

4.2 Content Responsibility

• You are solely responsible for all content you upload, share, or transmit through the Service
• You represent and warrant that you own or have the necessary rights to share all content you upload
• You acknowledge that due to our zero-knowledge architecture, we cannot monitor, filter, or review content for compliance with these Terms

4.3 Security

• You are responsible for maintaining the confidentiality of your encryption keys
• You acknowledge that we cannot recover lost encryption keys or encrypted files
• You agree to use strong, unique passwords and maintain reasonable security practices

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Your Content

You retain all rights to content you upload to the Service. By using the Service, you grant us a limited, non-exclusive license to store and transmit your encrypted content solely for the purpose of providing the Service.

5.2 Our Rights

The Service, including its software, design, and trademarks, is owned by SecureShare and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service.

6. DMCA COPYRIGHT POLICY

6.1 Notification Procedures

If you believe that content on our Service infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to our designated agent:

6.2 Limitations Due to Encryption

6.3 Repeat Infringer Policy

We will terminate users who are repeat infringers in appropriate circumstances, though our ability to identify specific infringing content is limited by our encryption architecture.

7. DISCLAIMERS AND WARRANTIES

7.1 AS-IS Service

The service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or security.

7.2 No Guarantee of Security

While we implement strong encryption and security measures, we do not warrant that:

• The Service will be error-free, uninterrupted, or secure
• Files will be permanently available or recoverable
• The Service will meet your specific requirements
• Any security vulnerabilities will be immediately identified or resolved

7.3 Encryption Limitations

You acknowledge that:

• No encryption method is 100% secure
• Future technological developments may compromise current encryption methods
• We cannot guarantee protection against all forms of attack or security breach

8. LIMITATION OF LIABILITY

8.1 Damages Limitation

To the maximum extent permitted by law, in no event shall SecureShare, its officers, directors, employees, or affiliates be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, data, use, goodwill, or other intangible losses
• Any damages resulting from unauthorized access to or alteration of your transmissions or data
• Any damages resulting from the loss or corruption of files or encryption keys

8.2 Liability Cap

Our total liability to you for all claims relating to the service shall not exceed the greater of: (a) $100 USD, or (b) the amount you paid us in the 12 months preceding the claim.

8.3 Third-Party Actions

We are not responsible for the actions, content, information, or data of third parties, and you release us from any claims and damages arising from or related to such third parties.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SecureShare, its officers, directors, employees, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including copyright, property, or privacy rights
• Any content you upload, share, or transmit through the Service

10. PRIVACY AND DATA PROTECTION

10.1 Privacy Policy

Our collection and use of information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10.2 International Data Transfers

By using the Service, you consent to the transfer of your information to the United States and other countries for processing and storage, subject to applicable privacy laws.

10.3 User Rights

You may have certain rights under applicable privacy laws, including GDPR and CCPA. Please refer to our Privacy Policy for information about exercising these rights.

11. TERMINATION

11.1 Termination by You

You may stop using the Service at any time. Due to our zero-knowledge architecture, any files stored on our servers cannot be recovered after your account termination.

11.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, including if we believe you have violated these Terms. We will provide reasonable notice when possible.

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Due to encryption, we cannot assist in data recovery after termination.

12. EXPORT CONTROLS

The Service may be subject to export control laws and regulations. You agree not to export, re-export, or transfer the Service to any prohibited country, person, or entity without proper authorization.

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by the laws of Oregon, United States of America, without regard to conflict of law principles.

13.2 Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except for claims that may be brought in small claims court.

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and SecureShare individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms constitute the entire agreement between you and SecureShare regarding the Service and supersede all prior agreements.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

14.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.

14.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 Updates to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

14.6 Contact Information

If you have questions about these Terms, please contact us at:

15. SPECIAL PROVISIONS FOR MINORS

If you are under 18 years of age, you may only use the Service with the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms.

16. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, or government regulations.