Terms of Service

1. The parties and the agreement

These Terms form a contract between Nullsend Ltd, a company incorporated in the United Kingdom (the "Service Provider"), and the business entity that creates a Nullsend tenant account ("Customer"). They will incorporate by reference our Privacy Notice and our Data Processing Agreement.

2. Description of the service

Nullsend is a privacy-first, white-label, business-to-business file transfer SaaS. Each tenant receives a branded subdomain and the ability to send encrypted file transfers. The final Terms will set out:

• What's included in each pricing tier (storage, transfer size, retention, users, custom SMTP, etc.)
• Service limits and rate-limiting policies
• The architectural model — files are encrypted in the sender's browser, Nullsend's servers store ciphertext only
• What Nullsend can and cannot do (no virus scanning, no preview, no key recovery — see our security page)

3. Accounts, users, and acceptable use

The final Terms will require, among other things:

• Accurate registration information
• Responsibility for keeping login credentials secure
• That Customer's use of Nullsend complies with applicable law
• That Customer does not use Nullsend to transmit illegal content, malware, or material that violates third-party rights
• That Customer's recipients (the people Customer sends files to) are not deemed to have agreed to these Terms — they interact with Customer's branded experience and Customer is responsible for any communications to them

4. Fees, payment, and renewal

The final Terms will detail:

• Subscription tiers and monthly/annual pricing (current tiers are listed on the pricing page)
• VAT treatment for UK and EEA customers
• The 14-day money-back guarantee for the first month on Starter, Growth, and Business tiers
• Storage overage at £0.05/GB/month
• Automatic renewal terms, cancellation timing, and refund policy
• Consequences of failed payment (suspension, then deletion after a defined grace period)

5. Customer data, encryption, and AI commitment

This is the section that distinguishes Nullsend's contract from a generic SaaS agreement. The final Terms will include:

• A binding commitment that Customer content (file plaintext, filenames, transfer metadata in plaintext) is not used for AI model training, model development, or model fine-tuning — by Nullsend or any third party. This is not a courtesy; it's a material contractual term that survives any future change in Nullsend's ownership, pricing, or product direction.
• An architectural acknowledgement that Nullsend cannot decrypt file content, even if compelled to do so. Customer data confidentiality is structural, not policy.
• Customer retention of all intellectual property rights in their files. Nullsend acquires no licence to Customer content, because Nullsend cannot read Customer content.
• Reference to our Data Processing Agreement, which governs the GDPR-relevant data flows in detail.

6. Availability, support, and SLA

The final Terms will state:

• Our target service availability (99.5% monthly at launch, moving to 99.9% post-v1.2)
• What downtime is excluded from the target (scheduled maintenance, force majeure, third-party sub-processor outages, etc.)
• Support response times by tier (community/email at Starter, priority email at Business, contractual SLA on Enterprise)
• Service credits or remedies for SLA breaches on Enterprise

7. Intellectual property

The final Terms will state, summarily:

• Nullsend retains all IP in the Nullsend platform, brand, code, and documentation.
• Customer retains all IP in Customer content.
• Customer grants Nullsend a limited licence to process Customer's branding assets (logo, colours) for the purpose of operating the white-label service.
• Trademark notices, copyright, and any open-source attribution will be set out.

8. Warranties and disclaimers

The final Terms will set out, in legally enforceable language, what Nullsend warrants (basic service operation, compliance with stated security claims, GDPR processor obligations) and what it does not (uninterrupted service, freedom from bugs, fitness for any specific Customer's particular regulatory environment).

These warranty terms will be drafted to comply with UK and EU consumer-protection law where the Customer is a small business, recognising that some standard SaaS warranty disclaimers are unenforceable against UK micro-businesses.

9. Limitation of liability

The final Terms will include a properly drafted limitation-of-liability clause appropriate to the subscription value of the tier. Indicatively, total aggregate liability will be capped at fees paid in the preceding 12 months, with the usual exceptions for things that can't be limited under UK law (fraud, death or personal injury through negligence, deliberate breaches).

10. Term, termination, and what happens to your data

The final Terms will detail:

• Renewal cadence (monthly or annual) and notice required to cancel
• Customer's right to terminate for material breach by Nullsend
• Nullsend's right to suspend for non-payment, breach of acceptable use, or legal compulsion
• What happens to existing transfers after cancellation (they honour their normal expiry; no new transfers can be created)
• The 30-day post-final-expiry hard-deletion timeline
• Customer's right to request immediate deletion under GDPR Article 17
• Survival of confidentiality, IP, and liability-limitation clauses after termination

11. Changes to these Terms

The final Terms will include a change-of-terms clause that gives Customer a right to terminate without penalty if Nullsend makes any material adverse change. Notice of changes will be at least 30 days, sent by email to the account administrator, and the current version will always be available at this URL with a "last updated" date.

12. Governing law and disputes

The final Terms will state:

• Governing law: the laws of England and Wales
• Jurisdiction: the courts of England and Wales (with appropriate carve-outs for consumer-protection law where Customer is a UK micro-business)
• Optional pre-litigation dispute escalation (good-faith discussion, then mediation)
• No requirement for binding arbitration — UK practice differs from US norms here

Contact

For commercial questions, custom contract negotiation, or to receive the current draft of these Terms for procurement review: