Terms of Service
LetMeDrop — Version 1.0 — Effective from 8 November 2026
1. Preamble and Definitions
These Terms of Service (the "Terms") set out the conditions on which the Operator identified in Section 19 (the "Operator") makes the LetMeDrop service available to any person who accesses or uses it (the "User") and bind the Operator and a User as a contract once that User has accepted them as set out below. These Terms apply to the use of the LetMeDrop website, applications, application programming interfaces, or related services (together, the "Service"); the processing of personal data and the use of cookies are described in the Operator's Privacy Policy, available on the Service. The User accepts these Terms when the User places an order or creates an Account, and the full text of these Terms is made available to the User before either act. A User who does not accept these Terms may not place an order or create an Account.
In these Terms, a "Sender" is the User who uploads one or more digital objects ("Files") in a single upload session (a "Transfer"); a "Recipient" is any person to whom the Sender makes a Transfer available; a "Consumer" is a natural person acting for purposes outside the person's trade, business, craft or profession; a "Business User" is a User acting for such purposes; and "Illegal Content" is any information that, in itself or in relation to an activity, is not in compliance with the law.
2. Service Description
2.1. The Service enables a Sender to upload one or more Files and make them available to one or more Recipients for a limited period of time, in exchange for a fee paid by the Sender to the Operator, save for free sends under the free tier (Section 4B). The nature of the Service is described in Section 8.1.
2.2. Creation of a user account (an "Account") is not required in order to send a Transfer on a pay-per-Send basis; for that purpose, the Sender need only provide a valid e-mail address, to which the proof of the Transfer is sent. An Account is created solely by the User providing a valid e-mail address and confirming it through a single-use sign-in link sent to that address; no password or other personal data is required. An Account is required solely for the following purposes:
(a) to use the Drop & Charge feature (Section 6);
(b) to subscribe to a Monthly Plan or an Annual Plan (Section 5.1.4); and
(c) to make a free send under the free tier (Section 4B).
2.3. Transfer size limits:
(a) maximum aggregate size of a single Transfer: 100 GB;
(b) maximum size of a single File: 50 GB; and
(c) maximum number of Files per Transfer: 500.
2.4. Expiration: each Transfer is subject to an expiration period selected by the Sender at the time of creation, with a minimum and default of two (2) days and a maximum of thirty (30) days. The duration selected by the Sender runs from the moment the upload of the Files is complete. A Transfer whose payment or upload is not completed within forty-eight (48) hours of its creation lapses, and the Transfer, together with any Files already uploaded, is permanently deleted within a further twenty-four (24) hours, in accordance with Section 7.2. Upon expiration, the download link ceases to operate and the Files are permanently deleted from the Operator's storage infrastructure within twenty-four (24) hours, in accordance with Section 7.
2.5. Any File type may be uploaded, subject always to the Acceptable Use Policy set out in Section 4.
2.6. The Operator reserves the right, for a valid reason within the meaning of Section 16.1, to modify, suspend, or discontinue any portion of the Service, subject to Sections 15 and 16 where such action materially affects the rights or obligations of the User.
2.7. Compatibility. The Service is used through a current web browser with JavaScript and cookies enabled; no software needs to be installed on the User's device.
3. Eligibility and Accounts
3.1. The Service is available only to Users aged eighteen (18) or over who have full legal capacity to contract; by placing an order or creating an Account, the User confirms that this is the case.
3.2. A User acting as a Business User represents and warrants that the User has full legal capacity and authority to enter into these Terms on behalf of the legal person or business the User represents.
3.3. Where an Account is required, the User shall:
(a) provide a valid e-mail address that the User controls and keep it up to date;
(b) maintain the security of that e-mail address and keep confidential any single-use sign-in link sent to it; and
(c) accept responsibility for all activities occurring under the User's Account, save for activities resulting from unauthorised use that is not attributable to the User.
3.4. The User shall promptly notify the Operator at info@letmedrop.com of any unauthorised use of the User's Account.
3.5. The Operator reserves the right to suspend or terminate any Account and to refuse any current or future use of the Service in accordance with Section 14.
4. Acceptable Use Policy
4.1. The User shall not use the Service to upload, transmit, store, share, or otherwise make available any File or other content that:
(a) constitutes Illegal Content;
(b) infringes any intellectual property right of a third party, including but not limited to copyright, related rights, trade marks, database rights, trade secrets, and any other proprietary right;
(c) contains child sexual abuse material, non-consensual intimate imagery, or any material glorifying or facilitating acts of terrorism;
(d) constitutes defamation, harassment, threats, incitement to violence or to hatred on any protected ground, or any other tortious or criminal content under Union or Member State law;
(e) infringes the right to one's image, privacy or other personality rights of any person depicted in a photograph or video, including where the person depicted has not given any consent required by law for its reproduction, distribution or commercial use;
(f) contains malicious software, including without limitation viruses, worms, ransomware, keyloggers, spyware, cryptominers, or any code designed to damage, disrupt, or compromise the integrity, confidentiality, or availability of information systems;
(g) circumvents or is designed to circumvent any technical protection measure or digital-rights-management mechanism, or removes or alters rights-management information (such as copyright notices or metadata identifying the author) without authorisation;
(h) is transmitted in violation of applicable export-control laws or international sanctions;
(i) is used for the sending of unsolicited commercial communications in violation of applicable law; or
(j) impersonates any person or entity or falsely states or misrepresents the User's affiliation with any person or entity.
4.2. The User represents and warrants that the User holds all necessary rights, licences, and authorisations in respect of any File uploaded, and that the uploading, storage, and distribution of such File through the Service does not violate the rights of any third party, any applicable law, or these Terms.
4.3. Breach of this Section 4 may trigger removal of the offending content, suspension or termination of the User's access to the Service, and the remedies set out in Sections 8, 13, and 14.
4A. Fair Use Policy (Subscription Plans)
4A.1. This Section 4A applies to Users who have subscribed to a Monthly Plan or an Annual Plan as referred to in Section 5.1.4.
4A.2. Quantitative limits. Each subscription is subject to the following hard limits, which apply at all times for the duration of the subscription:
(a) Active storage — the aggregate size of all Transfers belonging to the User that are simultaneously in a non-expired, non-deleted state shall not exceed two hundred gigabytes (200 GB) at any moment;
(b) Per-Transfer size — no single Transfer may exceed one hundred gigabytes (100 GB);
(c) Cumulative monthly volume — the aggregate size of all Transfers initiated by the User during any rolling thirty (30)-day period shall not exceed one terabyte (1,024 GB);
(d) Cumulative monthly transfer count — the User shall not initiate more than one hundred (100) Transfers during any rolling thirty (30)-day period; and
(e) Maximum link duration — no Transfer may be configured with an expiration period exceeding thirty (30) days.
4A.3. Qualitative criteria. The Operator reserves the right to suspend or terminate, in accordance with Section 14 and with the procedure set out in Section 4A.4, any subscription whose usage pattern, in the Operator's reasonable assessment based on objective and verifiable indicators, demonstrates one or more of the following:
(a) sustained operation at or above ninety-five per cent (95%) of any of the limits set out in Section 4A.2 over three (3) or more consecutive rolling thirty (30)-day periods, in a manner inconsistent with the personal or single-business use for which the subscription plans are offered;
(b) usage patterns indicative of resale of the Service or of its capacity to third parties (including, without limitation, the systematic creation of Transfers on behalf of, or for the benefit of, identifiable third parties not associated with the User), in circumstances where the User has not entered into a separate written reseller or partner agreement with the Operator; and
(c) usage of the Service as a means of permanent file hosting, content distribution network, or backup repository (including, without limitation, the systematic re-uploading of identical or substantially identical content immediately upon expiration), rather than as the time-limited file-transfer service for which the Service is designed.
The sending of Files by the User to the User's own clients, collaborators, or other recipients in the course of the User's own personal use or of the User's own single business is permitted use and is not resale; nor is use of the Service up to the limits of Section 4A.2 in that course, by itself, a breach of this Section 4A.
4A.4. Notification and cure. Before suspending or terminating a subscription on the basis of this Section 4A, and save in the cases of manifest abuse or where required by law or by a competent authority to act without notice, the Operator shall:
(a) send to the User, by e-mail to the address associated with the User's Account, a prior written warning identifying the specific limit, indicator, or pattern relied upon and the factual basis for it;
(b) afford the User a cure period of at least fourteen (14) calendar days from the date of dispatch of the warning, during which the User may bring the User's usage into conformity with this Section 4A or submit observations to the Operator at info@letmedrop.com; and
(c) provide, at the time of any subsequent suspension or termination decision, the statement of reasons described in Section 8.4.
4A.5. Refunds. Where a subscription is suspended or terminated by the Operator on the basis of a confirmed and substantiated breach of this Section 4A, no refund is due for the period of a suspension; where the subscription is terminated, the Operator refunds, within fourteen (14) days, the part of the subscription fee paid for the then-current billing period that corresponds to the period after the termination takes effect, without prejudice to the Operator's right to compensation for loss actually caused by the breach. Where a suspension is later lifted as unfounded, the subscription period is extended by a duration equal to that of the suspension, at no additional cost to the User, without prejudice to any other right of the User in respect of the unfounded suspension. The remedies of this Section 4A.5 are without prejudice to mandatory consumer-protection rules that cannot be derogated from by agreement under the applicable law.
4A.6. The limits and indicators set out in this Section 4A may be amended in accordance with Section 16 (Modifications to these Terms), with not less than thirty (30) days' prior notice to subscribers.
4A.7. Exceeding subscription limits.
Where a Transfer initiated by a User holding a subscription would, at the time of its creation, cause any of the limits set out in Sections 4A.2(a), 4A.2(c), or 4A.2(d) to be exceeded, the Operator shall not refuse the Transfer outright but shall instead offer the User the option to complete that Transfer on a pay-per-Send basis at the prices then published on the Service's pricing page for non-subscriber Users.
The pay-per-Send option offered under this Section 4A.7:
(a) does not extend or otherwise modify the quantitative limits of the User's subscription within the relevant rolling thirty (30)-day period;
(b) does not entitle the User to a refund or pro-rata reduction of the subscription fee;
(c) does not affect the Operator's rights under Sections 4A.3 to 4A.5 in cases of sustained or qualitatively abusive usage; and
(d) does not apply to the per-Transfer size limit set out in Section 4A.2(b), which is a hard technical limit applicable to all Users regardless of their subscription status.
4B. Free Tier
4B.1. Nature of the Free Tier. In addition to the pay-per-Send and subscription options described in Section 5, the Operator may make available a free tier, by which a User may create a limited number of Transfers without paying an upload fee (each a "free send"), subject to the limits and conditions set out in this Section 4B. The free tier is offered as a gratuitous facility and a courtesy to Users, on the terms set out in Section 4B.2; it is not a paid service, and no fee, consideration, or other payment is required from, or made by, the Sender in respect of a free send as such.
4B.2. Eligibility. The free tier is available only to Users who hold an Account (Section 2.2) and who are signed in to that Account at the time the Transfer is created. A User sending without an Account pays the applicable pay-per-Send price under Section 5.1.2. Once a User's free allowance under Section 4B.3 is exhausted, further Transfers by that User may be made on a pay-per-Send basis at the price under Section 5.1.2. The free tier is not available to a User while that User holds an active Monthly or Annual subscription, whose Transfers are instead governed by the subscription and by Section 4A.
4B.3. Limits of a free send. Each free send is subject to the following limits, which are enforced by the Operator at the time the Transfer is created:
(a) Per-send size — the aggregate size of a free send may not exceed three gigabytes (3 GB). A Transfer larger than this limit is not eligible to be sent free of charge; it may instead be completed as a pay-per-Send at the prices set out in Section 5.1.2, at the Sender's election;
(b) Number of free sends — a User may make no more than five (5) free sends in any rolling thirty (30)-day period;
(c) Cumulative volume — the aggregate size of all of a User's free sends in any rolling thirty (30)-day period may not exceed six gigabytes (6 GB); and
(d) Fixed link duration — each free send has a fixed link duration of five (5) days, within the range permitted by Section 2.4. The duration surcharges of Section 5.1.2(b) and any extension of the link duration are not available on a free send; the choice of a different link duration and any extension of the link duration are paid features.
Where a Transfer would exceed the allowance in Section 4B.3(b) or 4B.3(c), or the size limit in Section 4B.3(a), the Operator does not refuse the Transfer outright but offers the User the option to complete it as a pay-per-Send at the prices then published under Section 5.1.2, in a manner analogous to Section 4A.7. The per-Transfer limits of Section 2.3 and the Acceptable Use Policy of Section 4 apply to a free send in the same way as to any other Transfer.
4B.4. Nature of the free tier. The free tier is provided free of charge and confers no entitlement beyond the free sends set out in Section 4B.3 while it is offered, without prejudice to the mandatory rights of a Consumer preserved in Section 4B.5(d). In particular:
(a) the free tier is offered for as long as the Operator makes it available, and may be changed or withdrawn only as set out in paragraph (b);
(b) the Operator may change, reduce or withdraw the limits set out in Section 4B.3, or the free tier as a whole, in respect of free sends not yet created, for one of the valid reasons listed in Section 16.1, by giving Users with an Account at least thirty (30) days' notice by e-mail and by a notice on the Service; a change affecting an individual Account is made only under Sections 4B.7 and 14. Free sends already created are not affected, and the User may close the Account at any time free of charge; and
(c) the withdrawal, restriction, or suspension of the free tier does not constitute a suspension or termination of the User's Account or of the User's access to the paid Service, which continue to be governed by Sections 5, 6, and 14; a User whose free-tier access is withdrawn or restricted remains able to use the Service on a pay-per-Send or subscription basis.
4B.5. Boundary of Section 4B.4. The rights reserved to the Operator in Section 4B.4 apply only to the gratuitous free tier. They do not apply to, and shall not be construed as affecting:
(a) any pay-per-Send for which the User has paid, or any Transfer already created and paid for;
(b) any Drop & Charge Transfer already created;
(c) any Monthly or Annual subscription, which is governed by Sections 4A, 5.4, and 5.5;
(d) any right that has already accrued to the User, or any mandatory right of the User as a Consumer, which in every case prevails over this Section 4B to the extent of any conflict (Section 4B.9); and
(e) any free send already created, which remains available for the fixed link duration of Section 4B.3(d) and is kept, protected, and deleted on the same terms as any other Transfer, save where it is removed in accordance with Section 8 or Section 14.
4B.6. Drop & Charge on a free send. A free-tier Sender may enable the Drop & Charge feature (Section 6) on a free send, subject to holding an Account as required by Section 6.1. Where a free-tier Sender does so:
(a) the free send itself carries no base price and no duration surcharge (Section 5.1.2(a)–(b)); the Sender pays no upload fee for the send;
(b) the Sender pays no amount whatsoever to the Operator in respect of that send: there is no base price, no duration surcharge (paragraph (a)), and no commission (Section 6.2);
(c) Sections 6.3 to 6.7 apply without modification: the payment of the Recipient Price is a transaction between the Recipient and the Sender, settled directly into the Sender's own payment account with Stripe (Section 6.3.2), and the Operator neither receives nor retains any part of it; and
(d) a free send on which Drop & Charge is enabled remains a free send for the purposes of the allowances in Section 4B.3.
4B.7. Acceptable use and abuse of the free tier. The Acceptable Use Policy (Section 4) applies to a free send in full. The Fair Use Policy in Section 4A applies to subscription plans only and does not apply to the free tier; the free tier is instead governed by the limits in Section 4B.3 and by this Section 4B. Without prejudice to Section 4B.4, the Operator may, in accordance with Sections 8 and 14, restrict, suspend, or terminate a User's access to the free tier, or remove a Transfer, where the free tier is used in breach of Section 4, in a manner designed to circumvent the limits in Section 4B.3 (including the systematic use of successive e-mail addresses, Accounts, or free sends to evade those limits), or otherwise abusively.
4B.8. Interaction with the paid tiers. A free send is not a paid Transfer. In particular:
(a) no service-level commitment is made in respect of a free send; Section 12.2 (no service-level agreement for free and pay-per-Send Users) applies;
(b) the higher per-Transfer size limits, the choice of link duration and duration extensions, and the absence of the periodic allowances in Section 4B.3 are features of the pay-per-Send and subscription options, not of the free tier; and
(c) on a free send, the Sender pays the Operator nothing: a plain free send carries no price (Section 4B.1), and on a free send with Drop & Charge enabled the Operator charges no upload fee and no commission (Sections 4B.6 and 6.2). The refund arrangements in Section 5.3 and the reimbursements under Section 5.5 concern amounts paid for a paid pay-per-Send; because the Sender pays the Operator no amount in respect of a free send, no refund by the Operator can arise in respect of the send itself. For information on the processing of personal data, see the Operator's Privacy Policy. Where a Recipient pays the Recipient Price, that payment is a separate transaction between the Recipient and the Sender, governed by Section 6 and by the consumer-protection rules applicable to the Recipient, and is unaffected by this paragraph. Nothing in this paragraph excludes, restricts, or waives any mandatory right that the Sender may have as a Consumer under Portuguese or European Union law, which prevails in accordance with Section 4B.9.
4B.9. Statutory consumer rights. This Section 4B does not exclude, restrict, or waive any right that a User has as a Consumer under mandatory provisions of applicable law that cannot be derogated from by agreement. The right reserved in Section 4B.4(b) is a characteristic of a gratuitous facility offered without consideration and is not intended, and shall not be construed, to apply to any service for which the Consumer has paid; in the event of any conflict between this Section 4B and a mandatory consumer-protection rule applicable to the User, the mandatory rule prevails.
5. Pricing, Payment, and Refunds
5.1. Pricing
5.1.1. The Service is offered on a pay-per-Send basis, through the free tier where the Operator offers it under Section 4B and, where available, through the Monthly Plan and the Annual Plan (Section 5.1.4), on the terms displayed on the Service's pricing page.
5.1.2. The price of a pay-per-Send is determined at the time of creation and equals the sum of:
(a) a base price, determined by the aggregate size of the Transfer according to the following tiers:
| Transfer size (up to) | Base price (EUR, VAT included) |
|---|---|
| 2 GB | 1.49 |
| 5 GB | 1.99 |
| 10 GB | 2.99 |
| 25 GB | 3.99 |
| 50 GB | 5.99 |
| 100 GB | 8.99 |
(b) a duration surcharge, determined by the expiration period selected by the Sender, according to the following schedule:
| Expiration period | Surcharge (EUR, VAT included) |
|---|---|
| 2 days (default, minimum) | 0.00 |
| 3 days | 0.30 |
| 5 days | 0.70 |
| 7 days | 1.20 |
| 10 days | 2.00 |
| 15 days | 3.50 |
| 30 days | 6.00 |
5.1.3. All prices displayed on the Service are inclusive of value-added tax (VAT) at the applicable rate; the price displayed is the price charged to the User.
5.1.4. Subscription plans are offered as follows:
(a) Monthly Plan — nine euro and ninety-nine cents (€9.99) per month, VAT included, payable monthly in advance; and
(b) Annual Plan — ninety-nine euro (€99.00) per year, VAT included, payable annually in advance.
The Annual Plan also allows the subscriber to show a logo and a background image of the subscriber's choice on the page through which Recipients access the subscriber's Transfers (the "personalisation"). The personalisation is shown on that page, for every Transfer made from the subscriber's Account — including those sent before it was added or changed — only while the Annual Plan is in force. Sections 4 and 9.3 apply to the images as they apply to Files, save that the images are kept, and the licence of Section 9.3 lasts, until they are deleted: by the subscriber, while the Annual Plan is in force; by the Operator, on request to info@letmedrop.com or under Section 4.3; or when the Account is erased after its deletion. When the Annual Plan ends, the images are no longer shown but are kept, so that the personalisation is shown again if the subscriber takes out the Annual Plan again.
Each subscription plan renews automatically at the end of every billing period — monthly for the Monthly Plan, every twelve (12) months for the Annual Plan — for a further period of the same duration, at the price applicable to the plan at that time, unless the subscriber cancels the subscription before the paid-through date in accordance with Section 5.4.1. The fee for each renewal period is charged in advance, on the renewal date, to the payment method on record for the subscription (Section 5.4.4).
For the Annual Plan, the Operator sends the subscriber, to the e-mail address associated with the Account, a reminder of the forthcoming renewal approximately forty-five (45) days before the renewal date, which states, in a prominent box, the day by which the Operator recommends that a subscriber who does not wish the subscription to renew cancel it under Section 5.4.1, where that day has not yet passed when the reminder is sent; the reminder does not affect the subscriber's right to cancel at any time under Section 5.4.1, and no such reminder is sent for the Monthly Plan.
The price of a subscription does not change during a billing period for which the subscriber has already paid. The Operator may alter the price of a plan for future billing periods; any such alteration is an amendment within the meaning of Section 16.1(a) and is notified accordingly, takes effect only from the first renewal occurring after the end of the notice period referred to in that Section, and does not affect the subscriber's right to cancel under Section 5.4.1 before that renewal. For the Annual Plan, the reminder referred to in the preceding paragraph states the price applicable to the forthcoming renewal, and that renewal is not charged at a price higher than the one the reminder states, whatever the date on which an alteration of price takes effect. Where an alteration cannot be applied to the recurring payment authorisation already given by the subscriber, the subscription ends at the paid-through date and the subscriber may take out a new subscription at the price then in force, the notice referred to above stating that this is the case.
Both subscription plans are subject to the limits and conditions set out in Section 4A (Fair Use Policy).
5.1.5. When an order is placed. An order is placed at the moment the User activates the control that completes the ordering process on the Service. That control is, for a subscription, the confirmation control on the subscription checkout page; for a pay-per-Send, the control that submits the composed Transfer for payment; and, for a change of plan under Section 5.4.2 that gives rise to an immediate charge, the confirmation control in the dialog that states the amount to be charged. Each of those controls is labelled, legibly, with nothing other than the expression "order with obligation to pay" or a corresponding unambiguous formulation indicating that the placing of the order entails an obligation to pay the Operator. Any step taken afterwards with a payment service provider concerns the execution and the authentication of the payment and is not itself the placing of the order.
5.1.6. What the Operator shows immediately before the order, and what the User confirms by placing it. Immediately before the control referred to in Section 5.1.5, and in a clear and prominent manner, the Operator displays, for an order placed on the subscription checkout page or on the Transfer composition page, the main characteristics of the service ordered and the total price inclusive of taxes; and, where that order is for a subscription, in addition the total price per billing period, the fact that the subscription is extended automatically, the conditions on which it may be terminated, and the minimum duration of the User's obligations. Where the order is a change of plan under Section 5.4.2, the Operator displays the amount to be charged, the date on which the new period ends, and the same information on automatic extension, termination and minimum duration; the dialog also states the price of the Annual Plan per billing period, and that the features of the subscription and its limits under Section 4A do not change. By activating the control, the User expressly and knowingly confirms that the order entails an obligation to pay the Operator; the label of the control is how that confirmation is given, and the Operator does not treat acceptance of these Terms under Section 1, or the express request and acknowledgement under Section 5.5.2, as constituting it.
5.1.7. When the contract is concluded. The contract between the Operator and the User is concluded at the moment the order is placed in accordance with Section 5.1.5. The confirmation of the contract that the Operator subsequently makes available on a durable medium, and any message confirming payment, are evidence of the contract and of its performance; neither is the acceptance that concludes it. Accordingly, any period counted from the conclusion of the contract — including the fourteen (14)-day withdrawal period stated in Section 5.5 — runs from that same moment. Where the payment of an order is not completed and confirmed by the payment service provider, the Operator does not begin to perform the contract; the order then lapses and the contract ends without any amount being due by either party, and any Files already uploaded are deleted in accordance with Section 7.
5.1.8. Correction of errors, archiving of the contract, and codes of conduct. (a) Until the control referred to in Section 5.1.5 is activated, the User can review every element of the order on the page on which it is placed and correct any error of input, by changing that element on that page or by leaving the page, and no order is placed before that control is activated; (b) the Operator archives, for every contract, the version of these Terms in force when the order was placed (Section 16.2) and, for a User who holds an Account, the record of the User's acceptance of these Terms, and, for a paid Transfer, a new subscription or an upgrade to the Annual Plan under Section 5.4.2(a), the confirmation of the contract that it makes available under Section 5.5.2, for the periods set out in Section 8 of the Privacy Policy, and gives the User a copy of any of them on request to info@letmedrop.com; and (c) the Operator has not subscribed to any code of conduct.
5.2. Payment processing
5.2.1. Payments made to the Operator — the base price and the duration surcharge referred to in Section 5.1.2, and subscription fees — are processed by the following entities, in each case where the Operator makes that processor available on the Service and has contracted with it for the provision of payment processing services in respect of the Service, for the payment methods indicated:
(a) Easypay — Instituição de Pagamento, Lda., in respect of payments by credit or debit card and MB WAY and, where the Operator makes them available through that processor, by Apple Pay and Google Pay; and
(b) PayPal (Europe) S.à r.l. et Cie, S.C.A., in respect of payments by PayPal.
This Section 5.2 concerns only payments made to the Operator. The payment of the Recipient Price under the Drop & Charge feature (Section 6) is not made to the Operator, and is processed by a different payment service provider, identified in Section 6.3.2.
The Operator may engage an alternative payment processor, or replace either of the processors named above, at any time, in which case this Section shall be amended in accordance with Section 16 before the change takes effect.
5.2.2. The following payment methods may be accepted, in each case to the extent supported by the applicable payment processor identified in Section 5.2.1:
(a) MB WAY — available only to Users holding an account at a participating Portuguese bank; (b) credit and debit cards (Visa, Mastercard); (c) Apple Pay; (d) Google Pay; and (e) PayPal.
5.2.3. By submitting payment information, the User authorises the Operator (through its payment processors) to charge the amount indicated. The Transfer is made available to Recipients only upon confirmation of payment by the applicable processor.
5.3. Refunds in respect of pay-per-Send use
5.3.1. Without prejudice to the right of withdrawal under Section 5.5 and to any statutory right more favourable to the Consumer, the Operator offers the following refund policy:
(a) Technical fault attributable to the Operator — where an upload does not successfully complete for a reason attributable to the Operator, where the Files are corrupted through fault of the Operator, or where the Service is subject to prolonged unavailability materially preventing the Recipient from downloading the Files, the User is entitled to a full refund of the amount paid in respect of the affected Transfer; and
(b) Transfer whose selected period has elapsed — the Transfer has been fully provided within the meaning of Section 5.5.2(c) and, save in the cases referred to in paragraph (a), no refund is due under this refund policy.
5.3.2. Refunds, where due, shall be made using the same means of payment as the original transaction, unless the User has expressly agreed otherwise, and in any event within fourteen (14) days of the date on which the Operator is informed of the refund request.
5.3.3. The Consumer's right of withdrawal, and any reimbursement due on withdrawal, are governed by Section 5.5.
5.4. Subscription lifecycle
5.4.1. Voluntary cancellation by the subscriber.
A subscriber may cancel a Monthly or Annual subscription at any time through the subscription management interface accessible from the User's Account dashboard. Without prejudice to the right of withdrawal under Section 5.5, cancellation does not entitle the subscriber to a refund of any portion of the subscription fee already paid. The subscription continues to provide its full benefits until the end of the then-current billing period (the "paid-through date"), after which the User's Account continues automatically without a subscription, with access to the free tier where the Operator offers it under Section 4B. Transfers created prior to the paid-through date remain accessible until their own expiration in accordance with Section 7.
5.4.2. Plan change.
(a) Upgrade from Monthly to Annual. A subscriber on the Monthly Plan whose subscription is not cancelled under Section 5.4.1, not the subject of a scheduled downgrade under paragraph (b), and not within the retry period of Section 5.4.5 may upgrade to the Annual Plan at any time. Upon upgrade, the Operator shall charge the difference between (i) the Annual Plan price and (ii) a credit equal to the unused fraction of the then-current monthly billing period, calculated on a pro-rata basis at the daily rate of the Monthly Plan. The new Annual Plan period begins on the date of the upgrade and runs for twelve (12) consecutive months.
(b) Downgrade from Annual to Monthly. A subscriber on the Annual Plan whose subscription is not cancelled under Section 5.4.1 and not within the retry period of Section 5.4.5 may schedule a downgrade to the Monthly Plan at any time. The downgrade does not take effect immediately and does not entitle the subscriber to any refund. The Annual Plan continues to provide its full benefits until the end of the then-current annual billing period; on that date, the subscription transitions to the Monthly Plan and is charged at the Monthly Plan rate from that date forward.
5.4.3. Reactivation during the paid period.
Where a subscriber has cancelled the subscription but the paid-through date has not yet been reached, the subscriber may reactivate the subscription through the subscription management interface, at no additional cost, for as long as the recurring payment authorisation held with the payment service provider remains open. In order to ensure that no renewal charge is taken after a cancellation, the Operator closes that authorisation shortly before the paid-through date, and no earlier than three (3) days before it; from that moment the subscription can no longer be reactivated, the subscriber retains the full benefits of the subscription until the paid-through date in accordance with Section 5.4.1, and a subscriber who wishes to continue may take out a new subscription under Section 5.1.4 once the paid-through date has passed. The same applies where the cancellation results from a request to delete the Account (Section 14.3): if the Account is restored within the period set out in Section 7.3, the subscription is reactivated only where that authorisation is still open. Reactivation is also conditional on the subscriber having accepted the version of these Terms then in force (Section 16); where that acceptance is outstanding, the subscription management interface remains accessible and states that acceptance is required, and reactivation becomes available as soon as the acceptance is given. These conditions attach to reactivation only; cancellation under Section 5.4.1 is not subject to them. Reactivation restores automatic renewal at the end of the then-current billing period at the price applicable to the plan at that time.
5.4.4. Payment methods accepted for subscription auto-renewal.
Subscription auto-renewal is available exclusively through the following payment methods, in each case where the Operator makes the method available through the applicable payment processor: credit and debit cards (Visa, Mastercard), Apple Pay, Google Pay, and PayPal.
5.4.5. Failed renewal payments.
Where the charge of the subscription fee on the renewal date is unsuccessful (for example, due to expired credit or debit card, insufficient funds, revoked payment authorisation, or temporary unavailability of the payment processor), the Operator shall:
(a) allow a period of seven (7) consecutive days counted from the original renewal date, during which the payment service provider through which the subscription is paid may attempt the charge again, on the occasions and under the rules that the provider sets;
(b) notify the subscriber by e-mail each time the payment service provider informs the Operator that a charge was unsuccessful, indicating that the User must update the payment method to avoid loss of subscription benefits;
(c) if no renewal charge has succeeded by the end of that period, terminate the subscription at the end of the seventh (7th) day; the User's Account thereafter continues without a subscription, with access to the free tier where the Operator offers it under Section 4B. Transfers created prior to that date remain accessible until their own expiration in accordance with Section 7; and
(d) the User may take out a new subscription at any time after termination through the subscription management interface, provided that the User has accepted the version of these Terms then in force (Section 16); where that acceptance is outstanding, that interface remains accessible and states that acceptance is required, and the new subscription may be initiated as soon as the acceptance is given.
5.5. Consumer's right of withdrawal
5.5.1. The Consumer's right of withdrawal applies, in principle, to a paid pay-per-Send, to the conclusion of a Monthly Plan or Annual Plan contract under Section 5.1.4 and to a change from the Monthly Plan to the Annual Plan under Section 5.4.2(a), which concludes a contract of its own (Section 5.1.7). The Consumer may exercise this right within fourteen (14) days from the date on which the order is placed in accordance with Section 5.1.5, subject to the conditions set out in this Section 5.5. Where the Service has started at the Consumer's express request, the right of withdrawal is lost once the Service has been fully provided (Section 5.5.2) and, if exercised before then, gives rise to reimbursement under Section 5.5.3.
5.5.2. Express request and acknowledgement, and the loss of the right of withdrawal. The Consumer's right of withdrawal does not apply to a pay-per-Send or subscription contract for the supply of a digital service against an obligation to pay once the following conditions are met:
(a) the performance of the contract has begun at the Consumer's prior express request;
(b) the Consumer has expressly acknowledged that the right of withdrawal is lost once the Service has been fully provided by the Operator; and
(c) the Transfer, or the then-current billing period of the subscription, has been fully provided; a Transfer is fully provided when the period selected by the Sender has elapsed, and a subscription is provided continuously over each billing period.
The express request and the acknowledgement are given by a separate, affirmative act of the Consumer at the moment of the order or of the change of plan; acceptance of these Terms does not constitute either of them. The Operator provides the Consumer with confirmation of the contract on a durable medium, including the model withdrawal form, also for a change of plan under Section 5.4.2(a); the Consumer may withdraw by means of that form, through the function referred to in Section 5.5.5, or by any other unequivocal statement.
5.5.3. Withdrawal before the Service has been fully provided. Where the Consumer has given the express request and the acknowledgement referred to in Section 5.5.2, has received the information on the right of withdrawal and on the obligation to pay a proportionate amount, and withdraws within the period referred to in Section 5.5.1 but before the Transfer or the then-current billing period has been fully provided, the Operator reimburses the amount paid less an amount proportionate to the part of the Service already provided until the moment the Operator is informed of the withdrawal, calculated on the basis of the total contract price or, where the total price is excessive, on the basis of the market value of what has been provided, within fourteen (14) days. After the withdrawal period, the Consumer may cancel a subscription under Section 5.4.1, without prejudice to the Consumer's statutory rights in the event of a lack of conformity of the Service (Section 12.5).
5.5.4. Withdrawal where no valid express request was given or the required information was not provided. Notwithstanding Section 5.5.2, in the event that a pay-per-Send or subscription contract is concluded without a valid express request and acknowledgement from the Consumer, or without the Operator having informed the Consumer of the right of withdrawal and of the obligation to pay a proportionate amount, the Consumer retains the right of withdrawal during the period referred to in Section 5.5.1, bears no cost for the Service provided during that period, and the Operator reimburses the full amount paid in respect of the affected Transfer or subscription period within fourteen (14) days of the date on which the Operator is informed of the withdrawal. Where the Operator has not informed the Consumer of the right of withdrawal, the withdrawal period is extended in accordance with the applicable law.
5.5.5. Withdrawal function. A Consumer may also withdraw, during the withdrawal period, through the withdrawal function made available on the Service, labelled "withdraw from contract here" or with an equivalent unambiguous expression, which is easy to find, prominently displayed and continuously available during that period. The function allows the Consumer to give or confirm the Consumer's name, the details identifying the contract and the e-mail address to which the confirmation is to be sent, and to submit the withdrawal through a control labelled only "confirm withdrawal" or with an equivalent unambiguous expression; the withdrawal is exercised in time if it is submitted before the withdrawal period expires. The Operator sends an acknowledgement of receipt of the withdrawal, stating its content and the date and time of its submission, on a durable medium within twenty-four (24) hours. Information on the existence and location of the withdrawal function is given before the order is placed and in the confirmation of the contract.
5.5.6. Withdrawal from a change of plan. Where the Consumer withdraws, within the period referred to in Section 5.5.1, from a change from the Monthly Plan to the Annual Plan under Section 5.4.2(a), the Operator reimburses the full amount paid for the change, within fourteen (14) days of the date on which it is informed of the withdrawal; no amount is retained for the days between the change and the withdrawal. The subscription continues on the Monthly Plan until the paid-through date that applied before the change, and is not renewed at that date; where that date has already passed when the Operator is informed of the withdrawal, the subscription ends at that moment. Section 5.5.3 does not apply to such a withdrawal.
5.5.7. Any reimbursement under this Section 5.5 is made using the same means of payment as the original transaction, unless the Consumer has expressly agreed otherwise, and in any event at no cost to the Consumer, within fourteen (14) days of the date on which the Operator is informed of the withdrawal.
5.5.8. Effects of withdrawal on Files and other content. Upon withdrawal, the Operator may make the Service inaccessible to the Consumer, including by disabling the affected Transfer or subscription, and the Consumer shall refrain from using the Service and from making it available to third parties. The Operator refrains from using any content, other than personal data, provided or created by the Consumer when using the Service, save in the cases permitted by the applicable law, and, at the Consumer's request made before the Files are deleted under Section 7, makes that content available to the Consumer free of charge, within a reasonable time and in a commonly used and machine-readable format. Personal data are processed in accordance with Regulation (EU) 2016/679 (the "GDPR") and the Privacy Policy.
6. Drop & Charge Feature
6.1. The Drop & Charge feature, which requires the Sender to hold an Account, allows a Sender to require Recipients to pay an amount set by the Sender (the "Recipient Price") before being permitted to download the Files contained in the Transfer. The feature is available only where, and from when, the Operator makes it available on the Service. Before a Recipient pays, the Operator displays to the Recipient, in a clear and prominent manner, (a) the identity of the Sender as the person with whom the Recipient contracts and to whom the Recipient Price is paid; (b) whether or not the Sender has declared that it acts as a trader, on the basis of the Sender's own declaration; (c) where the Sender has not declared that it acts as a trader, that the consumer-protection rights deriving from Union consumer law do not apply to the contract with the Sender; and (d) that the Operator is not a party to that contract and is not responsible for the Files, their content or the rights granted over them. The Sender shall declare truthfully, when enabling Drop & Charge, whether the Sender acts as a trader, and keep that declaration up to date.
6.2. The Operator charges no commission in respect of Drop & Charge. Where Drop & Charge is enabled, the Sender pays to the Operator only what the Sender would pay for the same Transfer without it: the base price and the duration surcharge set out in Section 5.1.2(a)–(b) for a pay-per-Send, nothing for a free send (Section 4B.6), and nothing beyond the subscription fee for a Transfer included in a subscription plan.
6.2.1. The Sender determines the Recipient Price, subject to a minimum of ninety-nine cents (€0.99).
6.3. The payment of the Recipient Price is a transaction between the Recipient and the Sender. It is settled directly into the Sender's own payment account with Stripe, the payment service provider for the Drop & Charge feature identified in Section 6.3.2, opened under that Section. The Operator does not at any point receive, hold, control, or transmit the Recipient Price, and retains no part of it.
6.3.1. The amount that reaches the Sender is the Recipient Price less the fees charged by the payment processor in respect of that transaction. Those fees are determined and published by the payment processor, are charged by it to the Sender, and are neither set nor received by the Operator.
6.3.2. In order to enable Drop & Charge, the Sender must first open the Sender's own payment account with Stripe and complete the verification required by it, through the process made available within the Service.
For the purposes of this Section 6, Stripe means Stripe Payments Europe, Limited. Stripe does not process payments made to the Operator, which are processed by the entities identified in Section 5.2.1.
The Sender's relationship with Stripe in respect of that account is governed by Stripe's own terms, which the Sender accepts directly with Stripe. The Operator shall not enable Drop & Charge for a Sender whose payment account is not, at the relevant time, able to accept payments.
6.4. Where the Recipient does not pay the Recipient Price within the duration of the Transfer, the Transfer is deleted upon expiry in accordance with Section 7, and the Sender is not entitled to any refund of the base price or of the duration surcharge. Non-payment by the Recipient is an event attributable to the Recipient and not to the Operator.
6.5. The Sender is solely responsible for the legality and appropriateness of requesting payment in respect of the Files made available, including for holding the copyright, related rights and image rights needed to make them available against payment, for defining and informing the Recipient of the scope of any licence or use authorised over the Files, for complying with the consumer-protection rules applicable to the Sender's contract with the Recipient where the Sender acts as a trader, and for the Sender's own tax, invoicing, and reporting obligations arising from amounts received from Recipients. The Operator does not issue invoices to Recipients on behalf of the Sender.
6.6. As the Operator does not receive the Recipient Price, the Operator operates no payout mechanism and owes the Sender no amount in respect of the Recipient Price. The time at which funds credited to the Sender's payment account become available to the Sender, and the arrangements for their transfer to a bank account held by the Sender, are determined by Stripe under the terms referred to in Section 6.3.2.
6.7. Chargebacks and payment disputes in respect of the Recipient Price
6.7.1. Because the Recipient Price is settled as a direct charge into the Sender's own Stripe account (Section 6.3), and because the Sender is the seller in the underlying transaction with the Recipient, a chargeback, dispute, or payment reversal initiated by a Recipient with the issuer of the payment instrument used to pay the Recipient Price is applied by the payment processor directly against the Sender's Stripe account. It comprises (a) the disputed amount, which the payment processor debits from the Sender's account when the dispute is opened, withholds while the dispute is pending, and returns to the Sender only where the dispute is resolved in the Sender's favour; and (b) any dispute fee charged by the payment processor, which may be non-refundable irrespective of the outcome of the dispute. The Operator, which at no point receives, holds, or controls the Recipient Price (Section 6.3), has no means to bear, absorb, reverse, or reimburse either amount. This allocation follows from the Drop & Charge model, under which the Sender collects the Recipient Price into the Sender's own payment account opened under Section 6.3.2.
6.7.2. The Operator is not a party to the transaction between the Sender and the Recipient, nor to any dispute arising from it. The Operator does not determine the outcome of such a dispute and is not able to reverse it. The debits described in Section 6.7.1 are made by the payment processor in accordance with the terms referred to in Section 6.3.2, to which the Sender has agreed directly with the payment processor.
6.7.3. The Sender is responsible for monitoring the Sender's own Stripe account and for responding to any dispute within the time limit set by the payment processor, where the payment processor and the rules of the applicable card network or payment scheme permit the dispute to be challenged. The Sender's Stripe account is the primary channel through which the payment processor communicates disputes to the Sender. As a courtesy, where the Operator becomes aware of a dispute concerning a Transfer created by the Sender, the Operator will use reasonable efforts to notify the Sender at the e-mail address associated with the Sender's Account. Because the Operator is not a party to the payment relationship and does not have privileged access to it, the Operator may not become aware of every dispute; any such notification is additional to, and does not replace, the Sender's own monitoring of the Sender's Stripe account.
6.7.4. The amounts payable to the Operator under Section 5.1.2(a)–(b) are consideration for the transfer service described in Section 2. Those amounts are not refundable by reason of a chargeback of the Recipient Price, which concerns the separate transaction between the Sender and the Recipient.
6.7.5. The Sender's obligations under this Section 6.7 survive the expiry or deletion of the Transfer and the termination of the Sender's Account.
7. File Retention, Expiration, and Deletion
7.1. Files are stored on the Operator's behalf by a certified cloud storage provider whose data centres are located exclusively within the European Union / European Economic Area (EU/EEA). Content delivery and protection against attacks may involve providers belonging to groups based outside the EEA, with the safeguards described in the Privacy Policy.
7.2. Upon the expiration of a Transfer, or upon the Sender's earlier request to delete the Transfer, the download link ceases to operate and the Files comprising the Transfer are permanently deleted from the Operator's storage infrastructure within twenty-four (24) hours. A Transfer whose payment or upload is not completed within forty-eight (48) hours of its creation lapses, and the Transfer, together with any Files already uploaded, is permanently deleted within a further twenty-four (24) hours. This Section is without prejudice to the retention of Files, or of access to them, where access has been disabled following a notice under Section 8.3 or where required by an order of a competent authority, for the periods set out in the Privacy Policy, and to Section 7.5.
7.3. Metadata and other records are retained for the periods set out in the Privacy Policy. Where a User requests the deletion of the User's Account, the Account is locked and remains capable of being restored for thirty (30) days after the User confirms the request; after that period the Account data are erased, save for the records that the Privacy Policy states are kept for longer.
7.4. The Operator does not maintain backups of the Files contained in Transfers; Senders are responsible for retaining their own copies of any File uploaded to the Service. The Operator does maintain automated backups of its databases (including account information and Transfer metadata) every twelve (12) hours, with a fourteen (14) day retention period, stored exclusively within EU/EEA data centres. Further detail on security measures is set out in the Privacy Policy.
7.5. Switching to another provider. Where Regulation (EU) 2023/2854 (the "Data Act") applies to the Service, a User may at any time ask, at info@letmedrop.com, to move the User's Files, Transfer metadata and Account data to another provider or to the User's own systems, with no more than two (2) months' notice and free of charge. The Operator then keeps providing the Service and allows the export of those data in a common, machine-readable format for thirty (30) days, which the User may extend once, and for a further thirty (30) days in which any data not yet exported can still be retrieved; Files that would expire under Section 2.4 during the first period are kept until it ends. Once the switch is complete, the contract ends, any prepaid subscription fees for the remaining period are refunded within fourteen (14) days, and the data are erased, save for the records referred to in Section 7.3. During the switch the Operator gives reasonable assistance, including all relevant information, tells the User of any known risk to the continuity of the Service and keeps the data secure, and it notifies the User when the contract has ended. The User may ask for the data to be erased instead of moved. The categories of data that can be moved, those internal to the Service that cannot, how to switch, the available formats and their limitations, and the measures taken to protect data against unlawful access by non-EU authorities are set out at letmedrop.com/legal/switching.
8. User-Generated Content, Notice-and-Action, and Points of Contact
8.1. Nature of the Service. The Service is a hosting service. Files are stored at the Sender's request and are made available only to the persons to whom the Sender chooses to give the download link; Transfers are not indexed, listed, browsable or searchable on the Service, and the Service does not make Files available to the public. The Operator confines itself to storing and transmitting Files by technical and automatic means, without selecting, modifying or promoting their content.
8.2. Points of Contact
8.2.1. Member State authorities, the European Commission, the European Board for Digital Services and Users may contact the Operator directly by electronic means at info@letmedrop.com, in Portuguese or in English.
8.3. Notice-and-Action Mechanism
8.3.1. Any individual or entity may notify the Operator of the presence on the Service of specific items of information that the notifying party considers to be Illegal Content, by sending an e-mail to info@letmedrop.com or through the notice-and-action form published on the Service.
8.3.2. A notice should contain:
(a) a substantiated explanation of why the information is considered Illegal Content; (b) the exact URL of the Transfer and, where necessary, other information enabling the content to be identified; (c) the name and e-mail address of the person submitting the notice, except where the notice concerns child sexual abuse offences; and (d) a statement that the information and allegations in the notice are, in good faith, accurate and complete.
8.3.3. The Operator processes every notice, including one that lacks any of the elements above, in a timely, diligent, non-arbitrary and objective manner. Where the notice contains electronic contact information of the notifying party, the Operator, without undue delay, sends a confirmation of receipt and notifies that party of its decision, with information on the possibilities for redress.
8.4. Statement of Reasons
8.4.1. Where the Operator removes or disables access to content, suspends or terminates the Service, monetary payments or the User's Account, it provides the affected User with a clear and specific statement of reasons, including information on the possibilities for redress.
8.4.2. The User or notifying party may contest any decision referred to in this Section 8, free of charge, by writing to info@letmedrop.com within six (6) months of being informed of it; the decision is reviewed by a person, without undue delay. A recipient of the Service may also lodge a complaint with the Digital Services Coordinator of the Member State where the recipient is located or established, which in Portugal is the Autoridade Nacional de Comunicações (ANACOM), and may seek judicial redress.
8.5. Moderation model
8.5.1. The Operator does not monitor, scan or analyse the content of Files on its own initiative. It acts in respect of specific content only upon a notice under Section 8.3, a lawful order of a competent authority, or where it becomes aware, in the ordinary course of its operations, of content that is manifestly Illegal Content.
8.5.2. Blocking of identical re-uploads. Where a File has been removed under Section 8.5.1, the Operator may keep its digital fingerprint (hash) and automatically refuse the upload of an identical File. A refusal gives rise to a statement of reasons under Section 8.4, which states that the decision was taken by automated means, and may be contested under Section 8.4.2, in which case it is reviewed by a person. This measure detects only identical copies and does not guarantee that altered versions will be blocked.
9. Intellectual Property Rights
9.1. The Service (including its user interface, software, source code, databases, trademarks, logos, and design elements) is and shall remain the exclusive property of the Operator or of its licensors, and is protected by the applicable intellectual property laws.
9.2. Nothing in these Terms transfers any intellectual property right in the Service to the User. The User is granted a limited, non-exclusive, non-transferable, non-sublicensable licence, revocable only in accordance with Section 14, to access and use the Service for the purposes contemplated herein.
9.3. The User retains all intellectual property rights that the User holds in the Files uploaded to the Service. By uploading a File, the User grants the Operator a worldwide, non-exclusive, royalty-free, time-limited licence to host, store, reproduce, and transmit the File exclusively for the purpose of providing the Service and performing the Operator's obligations under these Terms. This licence terminates automatically upon the deletion of the File in accordance with Section 7.
9.4. For the avoidance of doubt, and without limiting the restriction already inherent in the limitation of the licence in Section 9.3, the Operator does not use the content of any File, and does not authorise any sub-processor or other third party to use the content of any File, to train, develop, fine-tune, test, or otherwise improve any artificial-intelligence or machine-learning model or system. The licence granted in Section 9.3 is limited to hosting, storing, reproducing, and transmitting the File for the sole purpose of providing the Service and does not extend to any artificial-intelligence or machine-learning purpose.
9.5. A Recipient who downloads Files, whether or not against payment under Section 6, acquires no copyright, related right or other intellectual property right in them from the Operator. Any right to use the Files is granted, if at all, by the Sender or by the rights holder, within the limits that they set; the Operator grants no licence over the Files to any Recipient.
10. Privacy and Data Protection
10.1. Personal data contained in Files. Where a File contains personal data, the Sender is the controller of that data (or acts on behalf of the controller) and the Operator processes it only as the Sender's processor, solely to store, make available and delete the File in accordance with Sections 2.4 and 7.2. The subject-matter and duration of the processing are the processing of the personal data that the Sender includes in the Files, concerning persons identifiable from them, for the period selected under Section 2.4 and until deletion under Section 7.2. The Operator processes that data only on the Sender's documented instructions, including regarding transfers of personal data to a third country or an international organisation, unless Union or Member State law requires otherwise; in that case, the Operator informs the Sender of that legal requirement before processing, unless prohibited on important grounds of public interest. The Operator ensures that persons authorised to process that data are bound by confidentiality, implements the security measures described in the Privacy Policy, assists the Sender, taking into account the nature of the processing, in responding to requests from data subjects exercising their rights, assists the Sender in meeting its obligations under Articles 32 to 36 of the GDPR, notifies the Sender without undue delay of any personal data breach affecting the Files, deletes that data on deletion of the File under Section 7, save where Union or Member State law requires its storage, makes available the information needed to demonstrate compliance with this Section, and allows for and contributes to audits, including inspections, conducted by the Sender or another auditor mandated by the Sender, on reasonable prior notice and in a manner that does not compromise the security of the Service or the confidentiality of other Users' data. The Operator informs the Sender at least thirty (30) days in advance of any addition or replacement of sub-processors; the Sender may object and, if the objection cannot be resolved, may terminate these Terms and receive a pro-rata refund of prepaid subscription fees covering the period after the change takes effect, and may also close the Account under Section 14.3. The Operator imposes on each sub-processor data-protection obligations equivalent to those of this Section and remains liable for the performance of the sub-processor's obligations. The Sender is responsible for the lawfulness of the personal data contained in the Files and of their disclosure to Recipients.
10.2. For information on the processing of personal data, including personal data contained in Files uploaded by the Sender, see the Operator's Privacy Policy, available on the Service.
10.3. For information on the use of cookies, see the Operator's Privacy Policy.
11. Limitation of Liability
11.1. Liability not limited. Nothing in these Terms shall limit or exclude the Operator's liability for:
(a) damage to the life, physical or moral integrity, or health of any person; (b) fraud or fraudulent misrepresentation; (c) wilful misconduct (dolo) or gross negligence (culpa grave) of the Operator, of its representatives, or of the persons it uses to perform its obligations; (d) damage to property or other economic interests caused outside the contract, whether to the User or to third parties; and (e) any liability that cannot lawfully be limited or excluded under mandatory provisions of the applicable law, including mandatory consumer-protection and data-protection rules.
11.2. Cap on liability. Subject to Section 11.1, and to the maximum extent permitted by applicable law:
(a) where the User is a Business User, the Operator's total aggregate contractual liability to that User, arising out of or in connection with these Terms or the Service, shall not exceed the greater of (i) the amount actually paid by that User to the Operator in respect of the Service during the twelve (12) months immediately preceding the event giving rise to liability, and (ii) one hundred euro (€100.00);
(b) where the User is a Business User, the Operator shall not be liable to that User for any indirect, consequential, incidental, or special damages, including without limitation loss of profits, loss of revenue, loss of business opportunity, loss of reputation, or loss of data, save where such loss is a direct and foreseeable consequence of a breach of these Terms by the Operator; and
(c) the Operator shall not be liable for any loss of Files arising after the expiration of the applicable retention period set out in Section 7.
Paragraphs (a) and (b) do not apply to Consumers, whose right to compensation is governed by the applicable law.
12. Warranty Disclaimer — Service Availability
12.1. The Operator does not warrant that the Service will be uninterrupted or free of every error. This does not affect the Operator's obligation to supply the Service in conformity with the contract, including as regards its continuity and security, nor the rights of a Consumer where the Service is not so supplied (Section 12.5).
12.2. Free and pay-per-Send Users. No service-level agreement is committed by the Operator to Users who do not hold a Monthly Plan or an Annual Plan. The Operator shall use commercially reasonable efforts to maintain the availability of the Service, but no specific level of availability is guaranteed.
12.3. Subscribers to a Monthly Plan or an Annual Plan. The Operator shall use commercially reasonable efforts to maintain the availability of the Service. Where the Service is subject to continuous unavailability exceeding seventy-two (72) consecutive hours, an affected subscriber is entitled to (i) terminate the subscription and (ii) receive a pro-rata refund of any prepaid fees covering the period during which the Service was unavailable. The rights in this Section 12.3 are a commercial undertaking of the Operator, given in addition to the statutory rights of a Consumer in respect of any lack of conformity or non-supply of the Service, including unavailability that is shorter than seventy-two (72) hours or intermittent — namely the rights to have the Service brought into conformity, to a proportionate reduction of the price, and to terminate the contract. Those rights are not affected by this Section 12.3.
12.4. The Operator makes no warranty, express or implied, statutory or otherwise, including without limitation any implied warranty of merchantability, fitness for a particular purpose, satisfactory quality, or non-infringement, save to the extent that such warranty cannot lawfully be excluded.
12.5. The statutory guarantees of conformity of digital services available to Consumers remain unaffected; in relation to a Consumer, Sections 12.1 to 12.4 apply only to the extent that they are compatible with those rights.
13. Indemnification
13.1. Where a third party makes a claim against the Operator, the User shall compensate the Operator for the damages and losses, and for the reasonable and proportionate costs (including reasonable legal fees), that the Operator actually incurs as a result, to the extent that the claim results from:
(a) the User's breach of these Terms, including the Acceptable Use Policy; (b) Files uploaded, stored, transmitted, or shared by the User that infringe a third party's rights or constitute Illegal Content; (c) the User's violation of any applicable law or regulation; or (d) the User's fraudulent, negligent, or wilful misconduct.
This obligation does not extend to any loss to the extent that it results from an act or omission of the Operator, and applies only where the Operator informs the User of the claim without undue delay, allows the User to take part in the defence at the User's own cost, and does not settle the claim without first consulting the User.
13.2. This Section 13 does not apply to Consumers; a Consumer's liability towards the Operator is governed by the applicable law.
14. Suspension and Termination
14.1. The Operator may, by a decision that is proportionate to the seriousness of the situation and duly reasoned in accordance with Section 14.2, suspend or terminate the User's access to the Service, in whole or in part, and may remove any Transfer, where:
(a) the User is in material breach of these Terms or of the Acceptable Use Policy;
(b) the Operator, having processed a notice under Section 8.3, decides that the notified content is Illegal Content or is incompatible with these Terms, or receives a lawful order of a competent authority to act against illegal content;
(c) the Operator has a reasonable basis to believe that the User's continued access to the Service poses a risk to the security or integrity of the Service, to other Users, or to third parties;
(d) the User fails to pay any amount due under these Terms after reasonable notice of the default; or
(e) the User, holding a subscription plan, is in confirmed breach of the Fair Use Policy set out in Section 4A, following the notification and cure procedure described in Section 4A.4.
Where a Business User uses Drop & Charge to offer Files to Consumers, the Operator gives that Business User at least thirty (30) days' prior notice, with a statement of reasons, before terminating that Business User's access to Drop & Charge in its entirety, save where the Operator is subject to a legal or regulatory obligation to terminate sooner, or the termination results from repeated infringement of these Terms, from Illegal Content or from a risk referred to in paragraph (c).
14.2. Where the Operator suspends or terminates access to the Service or removes a Transfer pursuant to Section 14.1, the Operator shall provide the User with the statement of reasons described in Section 8.4, save where applicable law prohibits the provision of such a statement (for example, where so instructed by a competent authority in the interest of an ongoing investigation).
14.3. The User may terminate these Terms at any time by discontinuing the use of the Service and, where applicable, by deleting the User's Account. In respect of paid plans, termination takes effect at the end of the then-current billing period, unless Section 12.3 or mandatory law entitles the User to an earlier termination with refund.
14.4. The Operator may terminate these Terms by giving the User at least thirty (30) days' prior written notice or, where the User holds an Annual Plan, at least sixty (60) days' prior written notice, without prejudice to any rights accrued prior to termination. Where the User has paid in advance for a period extending beyond the date on which termination takes effect, the Operator refunds the part of the amount paid that corresponds to that remaining period, within fourteen (14) days of that date and by the same means of payment used for the original transaction, unless the User has expressly agreed otherwise; Transfers already paid for remain available until their own expiration. The same refund is due where the Operator terminates the User's access to the Service under Section 14.1(c).
14.5. Sections 6.7, 9, 10, 11, 13, 15, 17, and 18 shall survive termination of these Terms.
15. Service Discontinuation by the Operator
15.1. Scope
15.1.1. This Section 15 governs the orderly winding-down of the Service in its entirety by the Operator. It is to be distinguished from the suspension or termination of an individual User's access addressed in Section 14, and from amendments to these Terms addressed in Section 16. As used in this Section, "discontinuation" refers to the cessation of the Service as a whole.
15.2. Scenarios giving rise to discontinuation
15.2.1. Voluntary planned discontinuation. The Operator may decide to cease offering the Service for commercial, strategic, or operational reasons. In such a case, the Operator shall observe the following minimum notice periods, calculated from the date of dispatch of the individual notice required by Section 15.4 to the discontinuation effective date:
(a) subscribers to the Monthly Plan — not less than thirty (30) calendar days;
(b) subscribers to the Annual Plan — not less than sixty (60) calendar days; and
(c) pay-per-Send Users with one or more Transfers active at the time of notice — the notice period shall extend at least until the natural expiration date of any such Transfer, subject to a maximum of thirty (30) calendar days from the dispatch of the notice.
15.2.2. Forced discontinuation. Where discontinuation results from circumstances beyond the Operator's reasonable control — including, without limitation, insolvency proceedings, an order of a competent regulatory or judicial authority, or events constituting force majeure within the meaning of Section 18.4 — the notice periods set out in Section 15.2.1 may be reduced to the extent strictly required by those circumstances. In any such case, the Operator (or, where applicable, an insolvency administrator, regulator, or court-appointed officer acting in the Operator's name) commits to:
(a) providing the maximum notice period reasonably possible in the circumstances; and
(b) honouring the refund obligations set out in Section 15.3 to the maximum extent legally and financially feasible, having regard to any applicable insolvency or regulatory ranking of creditor claims, subject in all cases to the mandatory rules of insolvency law and to the powers of an insolvency administrator, which may shorten the periods above.
15.3. Refund commitments
15.3.1. Subscribers to the Annual Plan.
(a) Each annual subscriber shall be entitled to an automatic pro-rata refund of the unused portion of the subscription fee, calculated from the discontinuation effective date to the original end date of the then-current annual subscription period.
(b) The refund shall be processed via the applicable payment processor identified in Section 5.2.1 to the means of payment used for the original transaction, within fourteen (14) calendar days of the discontinuation effective date.
(c) A credit note documenting the refund shall be issued through the Operator's certified invoicing platform (Moloni) and sent to the e-mail address associated with the subscriber's Account.
15.3.2. Subscribers to the Monthly Plan.
(a) Each monthly subscriber shall be entitled to an automatic refund of the unused portion of the then-current billing month, calculated on a pro-rata basis from the discontinuation effective date to the end of that billing month.
(b) Where the refund cannot be made to the means of payment used for the original transaction, the Operator asks the subscriber, at the e-mail address associated with the Account, for the details needed to make it by bank transfer; the subscriber may also claim it at info@letmedrop.com.
(c) Refunds shall be processed within fourteen (14) calendar days of the discontinuation effective date, on the same terms as Section 15.3.1(b), and a credit note shall be issued in accordance with Section 15.3.1(c).
15.3.3. Pay-per-Send Users.
(a) Pay-per-Send purchases represent one-time transactions for which the corresponding service has, save where Section 15.3.3(b) applies, already been provided; no automatic refund is due.
(b) For each Transfer that is active at the moment of dispatch of the discontinuation notice and has not yet expired, the Sender may elect either:
(i) to allow the Transfer to remain accessible until its natural expiration date, in which case no refund is due; or
(ii) to request, by e-mail to info@letmedrop.com before the discontinuation effective date, the early termination of the Transfer and a refund of the original amount paid in respect of it. Such refunds shall be processed within fourteen (14) calendar days of receipt of the request, in accordance with Section 15.3.1(b), and a credit note documenting the refund shall be issued through the platform referred to in Section 15.3.1(c) and sent to the e-mail address provided in connection with the Transfer.
(c) Where, by reason of Section 15.2.2, a Transfer ceases to be accessible before its natural expiration date, the Sender is refunded, without having to request it, the part of the amount paid that corresponds to the period not provided, by the same means of payment used for the original transaction.
15.4. Communication obligations
15.4.1. In any scenario covered by Section 15.2, the Operator shall, throughout the entire notice period:
(a) send an individual e-mail notification to every User who holds an Account, addressed to the e-mail address associated with the User's Account, and to every Sender of a Transfer that is active at the time of notice, addressed to the e-mail address provided in connection with that Transfer;
(b) display a prominent banner on the homepage of letmedrop.com identifying the discontinuation, the discontinuation effective date, and the refund procedures applicable under Section 15.3;
(c) allow active Transfers to continue and to complete naturally during the notice period, subject to the size, expiration, and content limits already set out in these Terms; and
(d) maintain a functional contact channel, by way of the address info@letmedrop.com, for refund requests and enquiries arising from the discontinuation.
15.5. Data handling during and after wind-down
15.5.1. From and including the discontinuation effective date:
(a) all Files in transit on the Service shall be permanently deleted in accordance with the retention rules set out in Section 7;
(b) for information on the retention and deletion of Account data, see the Operator's Privacy Policy; and
(c) for information on the processing of personal data during and after the wind-down, see the Operator's Privacy Policy.
15.6. Relationship with other clauses
15.6.1. This Section 15 governs only the discontinuation of the Service as a whole. The termination of an individual User's access on grounds of breach, request by the User, or other cause is governed exclusively by Section 14, and amendments to these Terms not amounting to discontinuation are governed by Section 16.
16. Modifications to these Terms
16.1. The Operator may amend these Terms, and may modify the Service beyond what is necessary to keep it in conformity with the contract, only for a valid reason, namely: (i) a change in the applicable law or a decision of a competent authority or court; (ii) the protection of the security or integrity of the Service, of Users, or of third parties, or the prevention of abuse; (iii) a change in the services of a provider on which the Service depends that the Operator cannot reasonably avoid; (iv) the addition of features or the technical evolution of the Service; (v) the correction of errors or the clarification of wording; (vi) a change in the costs of providing the Service, including the charges of its providers, taxes, or general price levels, that justifies a change of price or of the limits of Section 4A proportionate to that change; or (vii) the updating of factual information stated in these Terms, such as contact details. The limits and the availability of the gratuitous free tier are governed by Section 4B.4. Such a modification of the Service entails no additional cost for the User. A change of price applies only to billing periods that begin, and to Transfers whose price is determined under Section 5.1.2, after it takes effect, and for a subscription is governed by Section 5.1.4. Amendments take effect as follows:
(a) Material amendments — amendments that affect the rights or obligations of the User (including, without limitation, amendments to pricing, to the scope of the Service, to refund rules, to content-moderation rules, or to dispute-resolution provisions) — shall be notified:
(i) to Users who hold an Account, by e-mail sent to the e-mail address associated with the User's Account; and (ii) to all Users, by a prominent notice published on the Service,
in both cases at least thirty (30) days before the date on which the amendments take effect.
The notice sent to Users who hold an Account is given on a durable medium and, where an amendment modifies the Service in a way that has a negative impact on the User's access to or use of it, states the characteristics and the timing of the modification and the User's right to terminate. A User who holds an Account is asked to accept the amended Terms by a separate, affirmative act. A User who does not accept the amended Terms may terminate these Terms free of charge, by notice sent to info@letmedrop.com, at any time before the effective date or within thirty (30) days of the later of the receipt of the notice and the effective date, and, where applicable, receives within fourteen (14) days a pro-rata refund of any prepaid subscription fees covering the period following termination. A subscriber who has neither accepted the amended Terms nor terminated these Terms by the effective date keeps the version previously in force until the end of the billing period already paid for, and the subscription is not renewed at the end of that period unless the amended Terms have been accepted.
(b) Non-material amendments — amendments that do not materially affect the rights or obligations of the User (including, without limitation, typographical corrections, editorial clarifications, and updates to contact information) — take effect upon publication on the Service, without prior notice.
16.2. The "Version" and "Effective Date" identifiers set out in Section 20 shall be updated on the occasion of each amendment. Previous versions of these Terms are retained by the Operator and made available on request to info@letmedrop.com, in order to enable any User to ascertain the version that was in force at the time of any particular interaction with the Service.
16.3. Acts in progress when an amendment takes effect. An amendment does not apply to a Transfer ordered before its effective date. Where a Sender has begun uploading Files under one version of these Terms and places the order for that Transfer (Section 5) after a new version has taken effect, the order is governed by the version in force at the time the order is placed (Section 5.1.5). A Sender who holds an Account is asked to accept that version before the order is placed; the upload already performed is not lost by reason of the amendment, and the Sender may resume it after accepting the new version. A Sender without an Account accepts the version in force by placing the order, the full text of that version being made available next to the control that places it (Section 5.1.5).
17. Governing Law and Disputes
17.1. These Terms are governed by Portuguese law. This choice of law does not deprive a Consumer of the protection of the mandatory rules of the country of the Consumer's habitual residence.
17.2. Unless otherwise provided by applicable law, disputes with a Business User are subject to the exclusive jurisdiction of the courts of Faro, Portugal.
17.3. A Consumer may sue the Operator in the courts of Portugal or of the Consumer's residence; the Operator may sue a Consumer only in the courts of the Consumer's residence.
17.4. Consumer disputes may be submitted to the following consumer arbitration centres. The Operator has not adhered to them in advance, but cannot refuse arbitration chosen by the Consumer for disputes of up to €5,000:
CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve – https://www.consumoalgarve.pt
CNIACC — Centro Nacional de Informação e Arbitragem de Conflitos de Consumo - https://www.cniacc.pt
17.5. A Consumer may also submit a complaint through the electronic complaints book (Livro de Reclamações Eletrónico), at www.livroreclamacoes.pt.
18. Miscellaneous
18.1. Severability
18.1.1. If any provision of these Terms is held by a competent court or authority to be invalid, void, or unenforceable, that provision does not apply, and the remaining provisions of these Terms continue in full force and effect. A provision that is void as against a Consumer is not modified or reduced so as to make it enforceable against that Consumer; the Consumer may choose to maintain the contract without it, in which case the matter concerned is governed by the default rules of the applicable law.
18.2. Entire Agreement
18.2.1. These Terms — together with the Privacy Policy, and any additional terms expressly referenced herein or presented at the time of purchase of a specific feature or plan — constitute the entire agreement between the User and the Operator in respect of the Service, and supersede all prior or contemporaneous agreements, representations, or communications relating to the subject matter hereof. This does not affect (a) the pre-contractual information given to a Consumer, which forms an integral part of the contract; (b) any term specifically agreed with a User, which prevails over these Terms; or (c) the Operator's liability for fraud.
18.3. Assignment
18.3.1. The User shall not assign, transfer, or delegate any of the User's rights or obligations under these Terms without the prior written consent of the Operator.
18.3.2. The Operator may transfer its contractual position under these Terms to another person only with the User's agreement, save where the transfer takes place by operation of law. Where the Operator proposes such a transfer, it informs the User in advance, identifying the proposed transferee; the transfer takes effect in relation to the User only once the User has agreed to it. A User who does not agree may terminate these Terms without charge and receives, within fourteen (14) days, a pro-rata refund of any prepaid subscription fees covering the period after termination.
18.4. Force Majeure
18.4.1. The Operator is not liable for any failure or delay in performance caused by an event beyond its reasonable control whose consequences it could not have avoided by reasonable measures, including appropriate security measures, such as natural disasters, war or governmental action, outages of telecommunications, internet or energy networks or of the Operator's service providers not attributable to the Operator, and cyber-attacks that could not reasonably have been prevented.
18.4.2. This Section does not affect the User's right not to pay for, or to be refunded, any part of the Service not supplied, the statutory rights of a Consumer, or the Operator's liability for wilful misconduct or gross negligence, including that of the persons it uses to perform its obligations.
18.5. No Waiver
18.5.1. No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy.
18.6. Language
18.6.1. These Terms are made available in Portuguese, English, Spanish, French and German. For Consumers habitually resident in Portugal, the Portuguese version is binding and prevails. For other Users, in the event of any discrepancy, the English version shall prevail, save to the extent that mandatory consumer-protection rules of the country of a Consumer's habitual residence require that information be provided, or that the translation be relied upon, in the language of that country.
18.7. Relationship of the Parties
18.7.1. Nothing in these Terms shall create any partnership, joint venture, agency, employment, or fiduciary relationship between the User and the Operator.
18.8. Notices
18.8.1. Except as otherwise provided in these Terms, all notices and other communications required or permitted under these Terms shall be in writing and shall be sent, in the case of the Operator, to info@letmedrop.com, and, in the case of the User, to the e-mail address associated with the User's Account or, where no Account exists, to the e-mail address provided in connection with the Transfer to which the notice relates.
19. Contact
All communications relating to these Terms shall be addressed to the Operator using the contact details set out below:
Pedro Queiroga
Tax Identification Number (NIF): PT222690631
Registered address: Avenida Infante Dom Henrique, n.º 16, 3.º G, 8900-413 Monte Gordo, Portugal
Telephone: +351 920 548 334
E-mail: info@letmedrop.com
20. Effective Date and Version
Version 1.0 — Effective from 8 November 2026.
End of document.