WormHole Terms of Service

Last Updated: December 4, 2024
Effective Date: December 4, 2024

1. Acceptance of Terms

By accessing or using WormHole ("Service", "we", "us", or "our"), you ("User", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

1.1 Eligibility

You must be at least 13 years old to use WormHole. If you are under 18, you must have permission from a parent or legal guardian.

1.2 Business Entity

If you are using WormHole on behalf of a business or legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

WormHole provides encrypted cloud storage and file management services with the following key characteristics:

2.1 Zero-Knowledge Encryption

All files are encrypted on your device before upload
WormHole cannot access, read, or decrypt your files
You are solely responsible for managing your encryption keys
IMPORTANT: If you lose your password, we CANNOT recover your files

2.2 Storage Service

We provide:

Encrypted file storage
File sharing capabilities
Version history (subject to plan limits)
Mobile and desktop applications
AI-powered features (Browser AI and optional Cloud AI)

3. User Accounts

3.1 Account Creation

You must provide:

Valid email address
Secure password (minimum 8 characters recommended)
Accurate account information

3.2 Account Security

You are responsible for:

Maintaining the confidentiality of your password
All activities under your account
Notifying us immediately of unauthorized access

3.3 Account Termination

We reserve the right to:

Suspend or terminate accounts that violate these Terms
Suspend accounts with suspicious activity
Delete inactive accounts after 12 months of inactivity (with 30 days notice)

4. Acceptable Use Policy

4.1 Permitted Use

You may use WormHole to:

Store personal files and data
Share files with others
Collaborate on documents (Team plans)
Back up important data

4.2 Prohibited Use

You may NOT use WormHole to:

Illegal Content:

Store or distribute child sexual abuse material (CSAM)
Store or distribute terrorism-related content
Violate any local, state, national, or international law
Infringe on intellectual property rights

Abuse & Harm:

Harass, threaten, or harm others
Distribute malware, viruses, or harmful code
Engage in phishing or social engineering attacks
Impersonate others or misrepresent affiliation

System Abuse:

Attempt to bypass security measures
Reverse engineer or decompile the Service
Use automated tools to create accounts or upload files
Distribute spam or unsolicited communications
Mine cryptocurrency using our infrastructure

Commercial Abuse:

Resell storage space to third parties
Use free accounts for commercial file hosting
Violate our Fair Use Policy (see Section 5)

4.3 Consequences of Violation

Violations may result in:

Immediate account suspension
Permanent account termination
Deletion of violating content
Legal action and cooperation with law enforcement
Financial liability for damages

5. Fair Use Policy

5.1 Storage Limits

All storage plans have defined limits. Additionally, all use must be reasonable:

Reasonable Use Includes:

Personal file storage
Business documents and media
Backup of devices (computers, phones)
Collaboration files

Unreasonable Use Includes:

Storing entire server backups
Operating file-sharing/hosting services
Storing content you don't own
Using storage for illegal content hosting

5.2 Fair Use Enforcement

If your usage is deemed unreasonable, we may:

Contact you to discuss usage
Request you reduce storage within 30 days
Downgrade your account to an appropriate tier
In extreme cases, suspend service with 7 days notice

5.3 Bandwidth Limits

Excessive bandwidth use (>10 TB/month on higher tier plans) may be throttled or require upgrade to Enterprise plan.

6. Privacy & Encryption

6.1 Zero-Knowledge Architecture

Files are encrypted with AES-256-GCM before leaving your device
Encryption keys are derived from your password
WormHole employees CANNOT access your encrypted files
We can only see metadata: file sizes, upload times, file count

6.2 What We Can't Do

Because of zero-knowledge encryption, we CANNOT:

Recover your files if you lose your password
Search your files for illegal content
Comply with law enforcement requests to view specific file contents
Provide customer support involving file contents

6.3 What We Can Do

We CAN and WILL:

Comply with valid legal requests for metadata (account info, timestamps)
Suspend accounts with suspected illegal activity
Analyze usage patterns to detect abuse
Terminate accounts that violate these Terms

7. Payment Terms

7.1 Subscription Plans

Subscriptions auto-renew unless canceled
Prices are in USD unless otherwise stated
Payment is due at the start of each billing period
No refunds for partial months

7.2 Price Changes

We may change prices with 30 days notice
Existing subscribers grandfathered at current price for 12 months
If you don't accept new price, you may cancel before it takes effect

7.3 Refund Policy

14-Day Money-Back Guarantee:

New subscribers can request full refund within 14 days
No questions asked for first-time purchases
Refund processed within 7 business days

No Refunds For:

Subscriptions beyond 14 days
Violations of Terms of Service
Accounts terminated for abuse

7.4 Failed Payments

Failed payments result in account downgrade after 7 days
Unpaid balances may be sent to collections
Account may be deleted after 60 days of non-payment

7.5 Taxes

Prices do not include taxes
You are responsible for all applicable taxes
Tax rates determined by your billing address

8. Data Rights & Responsibilities

8.1 Your Data Ownership

You own all files you upload
You grant us license to store and transmit your encrypted files
We do not claim ownership of your content

8.2 Your Responsibilities

You are responsible for:

Legality of your stored content
Compliance with copyright laws
Backing up critical data (we recommend multiple backups)
Managing encryption keys

8.3 Our Responsibilities

We will:

Store your encrypted data securely
Provide reasonable uptime (99.9% target)
Notify you of service disruptions
Allow data export at any time

8.4 Data Retention

Active accounts: Data stored indefinitely
Canceled accounts: Data retained for 30 days, then deleted
Terminated accounts: Data may be deleted immediately
Deleted files: Retained in version history per plan limits

9. Intellectual Property

9.1 WormHole IP

The Service and its original content, features, and functionality are owned by WormHole and protected by:

Copyright laws
Trademark laws
Patent laws (where applicable)
Trade secret laws

9.2 User Content

You retain all rights to content you upload
You grant us non-exclusive license to host your encrypted content
We cannot view or use your content (due to encryption)

9.3 Trademarks

"WormHole" and associated logos are trademarks. You may not use them without written permission.

9.4 DMCA Copyright Policy

WormHole respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA).

Reporting Infringement: If you believe content on WormHole infringes your copyright, please submit a DMCA takedown notice to our designated agent:

Email: dmca@whdrive.app
Mail: WormHole, ATTN: DMCA Agent, 13740 10th Ave. South, Zimmerman, MN 55398

Your notice must include:

Your physical or electronic signature
Identification of the copyrighted work
Identification of the infringing material with sufficient information to locate it
Your contact information
A statement that you have a good faith belief the use is unauthorized
A statement under penalty of perjury that the information is accurate

Counter-Notification: If you believe your content was wrongfully removed, you may submit a counter-notification with the required elements as described in our full DMCA Policy.

Repeat Infringer Policy: WormHole will terminate the accounts of users who are repeat infringers. Users with multiple valid DMCA strikes may have their accounts permanently terminated.

Full Policy: For complete details on our DMCA procedures, please review our DMCA Policy.

10. Disclaimers & Limitations

10.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING:

No guarantee of uninterrupted service
No guarantee of error-free operation
No guarantee of data availability

10.2 Data Loss

While we strive to protect your data, data loss can occur
You are responsible for maintaining backups
We are not liable for data loss from any cause

10.3 Third-Party Services

We integrate with third-party services (Stripe, Supabase, etc.)
We are not responsible for third-party failures
Third-party services have their own terms

11. Limitation of Liability

11.1 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED:

Amount you paid in the previous 12 months, OR
$100 (whichever is greater)

11.2 Excluded Damages

WE ARE NOT LIABLE FOR:

Lost profits or revenue
Lost data (beyond refund of fees)
Indirect or consequential damages
Punitive damages

11.3 Exceptions

Limitations do not apply to:

Personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded by law

12. Indemnification

You agree to indemnify and hold harmless WormHole from claims arising from:

Your use of the Service
Your violation of these Terms
Your violation of any law or regulation
Your infringement of third-party rights

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, contact us at legal@whdrive.app to resolve disputes informally.

13.2 Arbitration

Disputes will be resolved through binding arbitration
Arbitration conducted under AAA rules
Arbitration location: Your state of residence
No class action arbitrations

13.3 Exceptions

You may still pursue claims in small claims court if eligible.

13.4 Governing Law

These Terms are governed by the laws of Delaware, USA, without regard to conflict of law provisions.

14. Service Modifications

14.1 Changes to Service

We may:

Add new features
Remove features with 30 days notice
Modify functionality to improve service
Discontinue the Service with 90 days notice

14.2 Changes to Terms

We may update these Terms at any time
Material changes will be notified via email
Continued use after changes constitutes acceptance
If you don't agree, you must stop using the Service

15. Account Deletion & Service Termination

15.1 Your Right to Delete

You may delete your account at any time:

Export your data first (we cannot recover it after deletion)
Deletion is permanent after 30-day grace period
Active subscriptions will be canceled (no prorated refunds beyond 14 days)

15.2 Our Right to Terminate

We may suspend or terminate your account if:

You violate these Terms
Your account is used for illegal activity
You abuse the Service or other users
Your payment fails repeatedly

15.3 Effect of Termination

Upon termination:

Your access to the Service ends immediately
Your data will be deleted after 30 days
You must pay any outstanding balances
These Terms survive termination where applicable

16. International Use

16.1 Global Availability

WormHole is available worldwide, subject to local laws.

16.2 Export Controls

You agree not to use WormHole in violation of U.S. export laws or regulations.

16.3 Data Location

Data is stored in U.S. data centers (Supabase)
By using the Service, you consent to international data transfer
Data is encrypted and cannot be accessed by us

17. Accessibility

We strive to make WormHole accessible to users with disabilities. If you encounter accessibility issues, contact support@whdrive.app.

18. Children's Privacy

WormHole is not directed at children under 13
We do not knowingly collect data from children under 13
If we learn a child under 13 has an account, we will delete it
Parents may request deletion of child's data

19. Contact Information

For questions about these Terms:

Email: legal@whdrive.app
Support: support@whdrive.app
Address: 13740 10th Ave. South, Zimmerman, MN 55398

20. Miscellaneous

20.1 Entire Agreement

These Terms, Privacy Policy, and any other policies constitute the entire agreement.

20.2 Severability

If any provision is found invalid, the rest remains in effect.

20.3 Waiver

Our failure to enforce any right does not waive that right.

20.4 Assignment

You may not assign these Terms. We may assign to a successor or affiliate.

20.5 Force Majeure

We are not liable for failures caused by events beyond our reasonable control (natural disasters, war, pandemics, etc.).

BY USING WORMHOLE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

These Terms of Service were last updated on December 4, 2024. Previous versions available upon request.