TERMS OF SERVICE
Effective date:
This page sets out the conditions for accessing NETHERWALL's website and using its encrypted file storage.
===== 1. AGREEMENT TO TERMS =====
By accessing netherwall.com, opening an account or using a NETHERWALL application or tool, you accept these terms. Together, the website, applications, tools and all current and future features provided through your account are referred to as the "Service".
When accepting these terms for an organization or other entity, you confirm that you are authorized to act on its behalf and bind it to this agreement. In that case, "you" and "your" mean that entity, except for your personal confirmation of authority in this paragraph.
You confirm that you are legally permitted to use the Service and accept responsibility for choosing, accessing and using it. If you do not agree to these terms, do not create an account or use the Service.
Individuals must be at least 18 years old to create an account or use the Service, including when acting on behalf of an organization or other entity.
===== 2. USING THE SERVICE =====
NETHERWALL provides end-to-end encrypted file storage through browser or native applications. Under the current terms, each account is allowed 1 GB of storage space.
Use the Service lawfully, comply with these terms, and respect others’ intellectual property and privacy rights. Fraud, threats, harassment, exploitation, distributing malicious software and accessing accounts or data without permission are prohibited.
Do not bypass access controls or storage limits, damage infrastructure or disrupt service availability. Tools and automated requests accessing your own account are permitted, provided they follow these terms and do not overload the Service.
Accounts used for unlawful activity may be suspended or closed, including when we receive a binding order from a court or other competent authority. Unless applicable law requires otherwise, account closure ends any obligation to retain the account's data, make it available for download or transfer it elsewhere.
The Service restricts further uploads when an account reaches its storage allowance. Before suspending or deleting a free account solely for exceeding that allowance, we will display a warning in the application and give the account owner 30 days from that warning to download their files or reduce the stored data to within the allowance. If the account remains over its allowance after that period, we may suspend or delete the account and its stored data. This warning and download period do not prevent immediate action where a separate breach of these terms warrants it, subject to applicable law. Material changes to the storage allowance follow the notice provisions below.
We may suspend or delete a free account and its stored data after six consecutive months of inactivity. For this purpose, inactivity means no authenticated use of the account through a browser, native application or connected tool during that period.
NETHERWALL may evolve as we develop the Service. We may add, alter, limit, suspend or retire features, or discontinue some or all of the Service. Material changes that adversely affect existing accounts are subject to the notice provisions below. Urgent legal or security circumstances may require changes without advance notice.
To the extent permitted by applicable law, we also reserve discretion to suspend or close a free account or remove its stored data for reasons beyond those expressly listed here. Such decisions remain subject to the notice provisions below and do not shorten the 30-day period for an over-quota account unless a separate breach warrants immediate action.
NETHERWALL cannot decrypt your files or their encrypted metadata. Access depends on your password, restore code or a device that can still unlock the data. If none remains available, we have no technical means to recover your files, restore access or restore or reset your password, as explained in the account security and recovery section below.
===== 3. ACCOUNT SECURITY, ENCRYPTION AND RECOVERY =====
Keep your account email address current and under your control. Use a strong password, store your restore code somewhere safe, and take reasonable precautions to prevent unauthorized use of your account.
The application manages encryption keys automatically and encrypts file contents, filenames, directory names and image thumbnails on your device before upload. Your password, restore code and unencrypted encryption keys are not sent to NETHERWALL.
If you lose your credentials while a session remains usable, use any recovery options still available in the application or download your files before signing out or replacing the device. By design, NETHERWALL has no access to the contents of your files. Verifying your identity or email address does not enable us to unlock your encrypted data or replace or reset your password.
You remain responsible for actions you authorize through your account. If you suspect that someone has gained access without your permission, take steps to secure the account and let us know through CONTACT. Never include your password or restore code in a support message.
Encryption does not protect files or credentials from someone who controls the browser or device where they are unlocked. Keep your devices secure, use a trusted browser and log out on shared devices. For details of the account information and operational metadata visible to NETHERWALL, see PRIVACY.
===== 4. PRIVACY AND HOSTING =====
Our PRIVACY policy forms part of these terms. It explains how NETHERWALL handles account information, encrypted storage, operational logs, cookies and browser storage. By using the Service, you accept that policy as part of this agreement. Acceptance of these terms does not replace consent where consent is required by data protection law.
NETHERWALL is hosted on servers in Germany. If you connect from another country, information you submit is transmitted to those servers for storage and processing as described in the Privacy Policy. Your files reach the servers already encrypted.
We may act on valid legal orders and disclose information when required by applicable law. Any disclosure is limited to information we actually hold.
===== 5. COPYRIGHT COMPLAINTS =====
If you believe that files stored through NETHERWALL infringe a copyright you own or are authorized to enforce, send a report through CONTACT or write to contact@netherwall.com. Identify the protected work, explain the alleged infringement and your authority to act, and provide any information you already have that helps identify the account or file concerned.
Where we can identify the account concerned, we will send its owner a copy of the report or a summary sufficient to explain the allegation, unless disclosure is restricted by law or would create a safety or security risk. Personal details that are not needed to understand or respond to the complaint will be omitted. Reports are assessed under the account restrictions and termination provisions below.
Check the facts and submit reports honestly. You may be responsible under applicable law for harm caused by materially false or misleading allegations. If you are unsure whether a use infringes copyright or whether you are entitled to submit a complaint, seek legal advice before making a report.
===== 6. ACCOUNT RESTRICTIONS AND TERMINATION =====
Access to NETHERWALL depends on compliance with these terms. Breaches may result in restrictions on some or all account functions, removal of stored data, suspension or account closure. These measures may apply to an individual or an organization, and repeated violations may lead to permanent termination.
We may act without advance warning where a breach warrants immediate intervention, including to protect the Service or others or comply with law. The grounds and specific warning and download periods in USING THE SERVICE continue to apply; in particular, the 30-day period for an over-quota account is not shortened unless a separate breach justifies immediate action. We will take steps proportionate to the circumstances and comply with applicable law. Liability for restrictions or termination is subject to SERVICE WARRANTIES AND LIABILITY EXCLUSIONS below.
Where reasonably possible, we will explain a restriction or closure, allow an opportunity to correct a breach and give you an opportunity to download your files before access ends, where permitted by law. We may send notices through the Service or to the account's email address. We will provide any reasons and information about review options required by law, but may withhold details where disclosure is prohibited or would compromise security or an investigation.
Report suspected breaches through CONTACT, providing the information you have that identifies the account or file concerned and explains the issue. We assess each complaint using the information supplied and the account and operational records available to us, and take action where justified. A report does not by itself establish a violation. You can also use CONTACT to ask us to review a restriction or closure.
===== 7. SERVICE CHANGES AND INTERRUPTIONS =====
We may add, alter, replace or remove features, limit access to parts of the Service, or suspend or discontinue some or all of it. Except where these terms expressly promise notice or applicable law requires it, we may make these decisions at our discretion without advance warning.
For material changes that adversely affect existing accounts, we will give reasonable advance notice through the Service and explain what is changing and when. If we discontinue the Service, we will give reasonable advance notice and an opportunity to download your files where reasonably possible. Urgent legal or security circumstances may require a shorter notice period or action without advance notice.
Maintenance, equipment failures, software defects, security incidents and network disruptions may cause delays or make the Service unavailable. We do not guarantee uninterrupted access. Except as expressly stated in these terms or required by applicable law, we are not obliged to continue operating any particular feature or provide ongoing support, corrections, updates or new releases.
The exclusions in SERVICE WARRANTIES AND LIABILITY EXCLUSIONS below apply to losses connected with changes, interruptions, suspension or discontinuation of the Service, to the fullest extent permitted by applicable law.
Keep an independent, offline backup of important files using our offline backup/sync tool or other means.
===== 8. SERVICE WARRANTIES AND LIABILITY EXCLUSIONS =====
NETHERWALL is made available on an "as is" and "as available" basis. Our efforts to protect the Service and user data do not amount to a guarantee of reliability, uninterrupted operation or data security. To the fullest extent permitted by applicable law, we exclude all express and implied warranties other than the commitments expressly made in these terms.
To the fullest extent permitted by applicable law, NETHERWALL accepts no liability for losses arising from the performance, failure or unavailability of the Service, and you agree not to seek damages, compensation or indemnification from us for those losses. This exclusion covers direct, indirect, incidental and consequential losses, including loss of use, data or profits; deleted or corrupted files; unauthorized access; and losses caused by lost passwords or restore codes, or loss of access to your account or devices.
This exclusion also covers losses caused by the accidental disclosure of confidential information resulting from a security failure, software flaw or other vulnerability affecting the Service.
We may improve, modify, suspend or discontinue the Service at our discretion, including without giving a reason or advance notice where permitted by applicable law. The specific notice and download commitments in sections 2, 6 and 7 remain applicable.
===== 9. INDEMNITY FOR THIRD-PARTY CLAIMS =====
To the extent permitted by applicable law, you agree to indemnify and hold harmless NETHERWALL and, where applicable, its parent or subsidiary entities, officers, employees and contractors against third-party claims, demands, damages and reasonable legal expenses, including attorneys' fees, arising from your use of the Service. This obligation applies only to the extent that you are legally responsible for the acts or omissions giving rise to the claim.
===== 10. CONTENT OWNERSHIP AND BACKUPS =====
You retain the ownership rights you hold in files stored with NETHERWALL. We acquire no ownership of your data by storing it. You are responsible for ensuring that you have the rights or permission required to upload and store each file.
End-to-end encryption prevents NETHERWALL from reading the contents of your files. You authorize us only to receive, store and transmit the encrypted data needed to provide the Service for you; that permission does not give us access to the underlying content.
We use encryption and other security measures to safeguard stored data, but these measures do not replace independent backups. Maintaining those backups is your responsibility. Section 7 describes options for keeping offline copies.
===== 11. RIGHTS IN THE SERVICE =====
Rights in the NETHERWALL name, visual design and software remain with their respective owners. These terms permit you to use the Service without transferring ownership of those materials. Software or components supplied under separate licenses remain governed by those licenses. Rights granted by applicable law are unaffected.
===== 12. KEEPING THESE TERMS CURRENT =====
We may revise these terms to reflect changes in the Service, security needs or legal requirements. Each revised version will be published here with its effective date.
For material revisions affecting existing accounts, we will provide reasonable advance notice through the Service or another appropriate channel, explain what is changing and when, and follow any notice requirements imposed by law. Urgent legal or security circumstances may justify shorter notice only where permitted by applicable law; we will notify you as soon as reasonably possible.
===== 13. QUESTIONS AND COMPLAINTS =====
For questions about these terms or a complaint about the service, use CONTACT or write to contact@netherwall.com.