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Terms of Use

Last updated: November 18, 2025

Agreement to Terms

By accessing or using MarcoSend ("the Service"), you agree to be bound by these Terms of Use ("Terms"). If you disagree with any part of these terms, then you may not access the Service. These Terms apply to all users of the Service, including without limitation users who are browsers, mobile app users, and contributors of content.

Description of Service

MarcoSend is a peer-to-peer file transfer platform that enables secure file sharing between devices using QR codes and WebRTC technology. The Service:

  • Facilitates direct connections between your devices for file transfer
  • Uses end-to-end encryption to protect your files during transfer
  • Does not store files on our servers
  • Provides temporary session management and connection signaling

Acceptable Use

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

  • Use the Service to transmit any material that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Violate any applicable local, state, national, or international law
  • Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Use the Service to distribute malware, viruses, or other harmful code
  • Circumvent or attempt to circumvent any usage quotas, rate limits, or security measures
  • Use automated systems (bots, scripts) to access the Service in a manner that exceeds reasonable usage patterns
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

Usage Quotas and Limits

MarcoSend implements usage quotas to prevent abuse and ensure fair access to the Service:

  • Anonymous users: Restricted quotas (e.g., 1 file under 10 MB per 24 hours or per week, as configured)
  • Authenticated users: Higher quotas based on account type (free or paid tiers)
  • Rate limits: We may impose rate limits on session creation, join attempts, and TURN credential requests

Quotas are enforced at the mobile identity level. When quotas are exceeded, TURN credential minting may be blocked, though direct peer-to-peer connections may still function if network conditions allow. We reserve the right to modify quotas and limits at any time.

Accounts, Billing, and Subscriptions

MarcoSend offers both free and paid subscription tiers:

  • Free accounts: Available to all users with authenticated accounts. Free accounts have higher quotas than anonymous users but are subject to usage limits.
  • Paid subscriptions: Paid plans offer increased quotas, higher file size limits, priority support, and additional features. Subscription details, pricing, and features are available on our website or within the Service.
  • Account creation: You may create an account to access authenticated features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • Billing: Paid subscriptions are billed on a recurring basis (monthly or annual, as specified). By subscribing to a paid plan, you agree to pay all fees associated with your subscription. Fees are charged in advance and are non-refundable except as required by law or as specified in our refund policy.
  • Payment: Payment is processed securely through our third-party payment processor. You agree to provide accurate and complete payment information. You are responsible for any taxes applicable to your subscription.
  • Subscription changes: You may upgrade, downgrade, or cancel your subscription at any time through your account settings. Changes to your subscription will take effect at the next billing cycle, unless otherwise specified.
  • Automatic renewal: Paid subscriptions automatically renew unless cancelled before the renewal date. You authorize us to charge your payment method for the renewal period.
  • Refunds: Refund policies vary by subscription type and jurisdiction. Please contact us for information about refund eligibility.

Intellectual Property

The Service and its original content, features, and functionality are owned by MarcoSend and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not:

  • Copy, modify, or create derivative works of the Service
  • Reverse engineer, decompile, or disassemble the Service
  • Remove or alter any copyright, trademark, or other proprietary notices
  • Use the Service or any part of it for commercial purposes without our express written consent

User Content and Responsibility

You are solely responsible for the files and content you transfer using the Service. You represent and warrant that:

  • You have the right to transfer the files you send
  • Your use of the Service does not violate any law or regulation
  • You will not use the Service to infringe on the rights of others, including intellectual property rights
  • You will not use the Service to transmit content that violates privacy rights or contains personal information of others without consent

MarcoSend does not monitor, review, or have access to the content of files transferred through the Service. However, we reserve the right to investigate and take appropriate action if we become aware of any misuse of the Service.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • Any defects or errors will be corrected
  • The Service is free of viruses or other harmful components
  • Peer-to-peer connections will always be possible (network conditions may require relay)

You acknowledge that file transfers may fail due to network conditions, device limitations, or other factors beyond our control. We are not responsible for any loss of data or files during transfer.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MARCOSEND, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

Our total liability to you for all claims arising from or related to the use of the Service is limited to the amount you have paid us in the past twelve months, or $100, whichever is greater.

Indemnification

You agree to defend, indemnify, and hold harmless MarcoSend and its affiliates, officers, agents, employees, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which MarcoSend operates, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Contact Information

If you have any questions about these Terms of Use, please visit our Contact page for information on how to reach us.