Terms of Use

1. The service

Wisp lets you transfer files using a generated code, without an account. Transfers are temporary: each one expires automatically, or is removed after a one-time download completes, per the settings chosen at send time. Wisp is provided free of charge and may change, be limited, or be discontinued at any time without notice or liability to you.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use Wisp. By using the service you represent that you meet this requirement and that you have the legal authority to agree to these Terms.

3. Acceptable use

You may not use Wisp to store or transfer content that is illegal, infringing, or that you do not have the right to share, including material that is sexually exploitative of minors, which we do not tolerate under any circumstance and will report to the appropriate authorities where legally required. You may not use Wisp to harass, defraud, or harm others, to distribute malware, to violate any third party's rights, or to attempt to disrupt, overload, probe, scan, or gain unauthorized access to the service or its infrastructure.

You may not use automated means to access the service in a way that sends more requests than a human could reasonably send by hand, or in a way that circumvents any rate limit, size limit, or other technical restriction we've put in place.

You are solely responsible for the files you upload, for having all necessary rights and permissions to share them, and for who you give a transfer code to. Because Wisp cannot see the contents of what you upload, you bear full responsibility for what you transfer — see our Privacy Policy for how encryption works.

4. No obligation to monitor; right to act

Wisp encrypts your files in your browser before upload, so we generally cannot see their contents and do not monitor transfers as a matter of course. This does not limit our right to act: we may investigate, restrict, suspend, remove, or disclose any transfer, account activity, or associated metadata, without prior notice, where we reasonably believe doing so is necessary to comply with law, respond to a valid legal request, protect the rights, property, or safety of TwoBits, our users, or the public, or enforce these Terms.

To report suspected illegal or abusive use of Wisp, contact us using the information in Section 11. We will cooperate with law enforcement requests to the extent required by applicable law.

5. Indemnification

You agree to indemnify, defend, and hold harmless TwoBits and its owners, operators, contributors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the service; (b) content you upload, transfer, or share through Wisp; (c) your violation of these Terms; or (d) your violation of any right of a third party, including intellectual property, privacy, or publicity rights.

6. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY FILE YOU TRANSFER WILL ARRIVE, REMAIN AVAILABLE FOR ITS FULL EXPIRATION WINDOW, OR BE FREE OF LOSS OR CORRUPTION. DO NOT USE WISP AS YOUR ONLY COPY OF ANYTHING IMPORTANT.

7. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TWOBITS, ITS OWNERS, OPERATORS, CONTRIBUTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, FILES, PROFITS, REVENUE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED FIFTY US DOLLARS ($50.00) OR THE AMOUNT YOU PAID TO USE THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Termination

We may suspend or terminate your access to Wisp at any time, with or without cause, and with or without notice, including for suspected violation of these Terms. Sections of these Terms which by their nature should survive termination (including Sections 5, 6, 7, 9, and 10) will survive.

9. Governing law and disputes

These Terms are governed by the laws of the State of Arizona, USA, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the service will be brought exclusively in the state or federal courts located in Arizona, and you consent to the personal jurisdiction of those courts. Before filing a claim, you agree to first contact us using the information in Section 11 so we can attempt to resolve the dispute informally.

10. General

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of it. These Terms, together with our Privacy Policy, constitute the entire agreement between you and TwoBits regarding Wisp. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign your rights or obligations under these Terms.

11. Changes to these Terms; contact

We may update these Terms as the service evolves or as required by law. Continued use of Wisp after a change is posted means you accept the updated Terms. For questions, abuse reports, or legal requests, contact us at [email protected].