Terms of Service

1. Introduction

1.1 Agreement

Please read these Terms of Service ("Terms") carefully. These Terms constitute a legally binding agreement between you ("you" or "your") and Albearoti Solutions Inc. ("isent", "we", "us", or "our"), a corporation incorporated under the laws of Ontario, Canada. These Terms govern your access to and use of the isent website located at isent.io (the "Site"), our mobile applications (if any) (the "Apps"), and our related content, products, and services (collectively, the "Service").

IMPORTANT NOTICE: These Terms contain provisions that limit our liability, disclaim certain warranties, require arbitration for dispute resolution, waive class action rights, and include automatic billing provisions. Please read them carefully.

1.2 Acceptance

By accessing, downloading, installing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines, policies, or terms referenced herein. If you do not agree to these Terms, you must immediately stop using the Service, cancel any account, and delete any copies of our Apps or software in your possession.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time, in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of these Terms and may notify you through the Service, by email, or by other reasonable means. Your continued use of the Service after any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service immediately.

1.4 Changes to the Service

We may update, modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, including but not limited to features, functionality, pricing, content, storage limits, or availability. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

2. Description of Service

2.1 What isent Provides

isent is a file transfer platform that enables users to:

• Upload and Share Files: Transfer files to others via unique download links
• Create Branded Portals: Set up customized upload portals with your branding
• Manage Transfers: Track downloads, set expiration dates, and control access
• Purchase Storage Credits: Buy transfer capacity on a pay-as-you-go basis

2.2 Service Limitations

The Service is provided "as is" and "as available." We do not guarantee:

• Uninterrupted or error-free operation
• That files will be available for the full expiration period
• Specific upload or download speeds
• Compatibility with all devices, browsers, or operating systems
• That all features will remain available

3. Eligibility

3.1 Age Requirements

The Service is available to individuals who are at least 13 years of age. If you are between 13 and the age of majority in your jurisdiction, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you represent that you meet these requirements.

3.2 Organizational Use

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and you agree to these Terms on behalf of that organization.

3.3 Restrictions

You may not use the Service if:

• You have been previously suspended or removed from the Service
• You are prohibited from receiving the Service under applicable law
• You are located in, or are a national or resident of, any country subject to comprehensive trade sanctions or embargoes
• You are listed on any government restricted parties list

4. Account Registration and Security

4.1 Account Creation

Certain features of the Service require you to create an account. When creating an account, you must provide accurate, current, and complete information. You agree to update your information to keep it accurate and current.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Using a secure email address that only you can access

We are not liable for any loss or damage arising from unauthorized access to your account.

4.3 Authentication

We use email-based one-time passwords (OTP) for authentication. You acknowledge that the security of your account depends on the security of your email account. We are not responsible for any unauthorized access resulting from compromises to your email account.

4.4 Account Termination

We may suspend or terminate your account at any time, with or without cause, with or without notice. You may terminate your account at any time by using the account deletion feature in your settings. Upon termination:

• Your right to use the Service immediately ceases
• All files associated with your account will be permanently deleted
• Any remaining credits are forfeited and non-refundable
• We may retain certain information as required by law or for legitimate business purposes

4.5 Inactive Accounts

Accounts that remain inactive (no login) for 12 consecutive months may be deemed inactive. We reserve the right to delete inactive accounts and all associated data without notice.

5. User Content

5.1 Your Content

"Content" means any files, data, text, images, videos, audio, or other materials you upload, transmit, store, or share through the Service. You retain all ownership rights to your Content.

5.2 License Grant

By uploading Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and distribute your Content solely for the purpose of operating and providing the Service. This license terminates when you delete your Content or account, except for Content that has been shared with others who have not deleted it.

5.3 Your Responsibilities

You are solely responsible for:

• All Content you upload, share, or transmit through the Service
• Ensuring you have all necessary rights and permissions to upload and share your Content
• Maintaining backup copies of your Content
• Any consequences of sharing your Content, including with unintended recipients
• Complying with all applicable laws regarding your Content

5.4 No Obligation to Monitor

We have no obligation to monitor, review, or screen Content. However, we reserve the right (but not the obligation) to review, screen, modify, refuse, or remove any Content at any time and for any reason, without prior notice, including Content that we believe violates these Terms or applicable law.

6. Prohibited Conduct

6.1 Prohibited Uses

You agree not to, and not to permit any third party to:

Illegal Activities:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Upload, share, or transmit Content that is illegal, fraudulent, or promotes illegal activities
• Engage in, promote, or facilitate terrorism, human trafficking, or exploitation of minors

Harmful Content:

• Upload malware, viruses, trojans, worms, or other malicious code
• Upload executable files, scripts, or other potentially dangerous file types
• Share Content containing child sexual abuse material (CSAM)
• Distribute Content depicting extreme violence, gore, or animal cruelty
• Share Content that promotes self-harm or suicide

Intellectual Property:

• Infringe any copyright, trademark, patent, or other intellectual property right
• Distribute pirated software, media, or other copyrighted materials without authorization
• Share trade secrets or confidential information without authorization

Abuse and Harassment:

• Harass, threaten, bully, or intimidate others
• Share private or personal information of others without consent (doxxing)
• Impersonate any person or entity
• Engage in discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics

Service Abuse:

• Attempt to gain unauthorized access to the Service, other accounts, or our systems
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Circumvent any access controls, rate limits, or security measures
• Use automated systems, bots, or scripts to access the Service without our permission
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service for spam, phishing, or other fraudulent communications
• Resell, sublicense, or commercially exploit the Service without authorization
• Create accounts through automated means or under false pretenses

6.2 Enforcement

We reserve the right to investigate any suspected violation of these Terms and to take appropriate action, including:

• Removing or disabling access to Content
• Suspending or terminating accounts
• Reporting violations to law enforcement
• Cooperating with law enforcement investigations
• Pursuing legal remedies

7. Files and Storage

7.1 File Limitations

The Service is subject to the following limitations, which may change at any time:

• Maximum file size: 100 GB per file
• Maximum transfer size: 1 TB per transfer
• Maximum files per transfer: 100 files
• File expiration: 3 to 21 days (configurable)

7.2 File Types

We block certain file types that pose security risks, including but not limited to executable files (.exe, .msi, .dll), shell scripts (.sh, .bash), server-side scripts (.php, .py), and disk images (.dmg). We reserve the right to modify the list of blocked file types at any time.

7.3 File Expiration

All files are automatically deleted after their expiration period. Once deleted, files cannot be recovered. We are not responsible for any loss of data due to file expiration, system failures, or any other cause.

7.4 No Backup Service

The Service is not a backup or archival service. We are not responsible for maintaining copies of your Content. You are solely responsible for maintaining your own backups.

8. Credits and Payments

8.1 Free Allowance

Each account receives a monthly free allowance of transfer capacity (currently 15 GB per month). This allowance resets monthly and does not roll over. We reserve the right to modify or eliminate the free allowance at any time.

8.2 Credit Purchases

You may purchase additional transfer credits through the Service. Credits are sold on a pay-as-you-go basis at our then-current rates. All prices are in the currency displayed at checkout.

8.3 Credit Expiration

Purchased credits expire 12 months from the date of purchase. Expired credits are automatically forfeited without refund or compensation.

8.4 Auto Top-Up

If you enable the auto top-up feature, you authorize us to automatically charge your saved payment method when your credit balance falls below your specified threshold. You may disable auto top-up at any time through your account settings.

8.5 Billing

All payments are processed by Stripe, our third-party payment processor. By making a purchase, you agree to Stripe's terms and conditions. You are responsible for providing accurate billing information and maintaining a valid payment method.

8.6 No Refunds

ALL PURCHASES ARE FINAL AND NON-REFUNDABLE. Credits, once purchased, cannot be refunded, transferred, or exchanged for cash, except as required by applicable law. This includes credits remaining upon account termination or deletion.

8.7 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all applicable taxes, including sales tax, VAT, GST, or other transaction taxes.

8.8 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect credits already purchased but will apply to future purchases.

9. Branded Portals

9.1 Portal Features

If you create a branded portal, you may customize its appearance and set access controls, file restrictions, and other settings as permitted by the Service.

9.2 Portal Responsibility

You are solely responsible for:

• All Content uploaded through your portal by you or others
• Ensuring appropriate access controls and security measures
• Communicating your portal's terms and restrictions to users
• Any misuse of your portal by third parties

9.3 Portal Content

Content uploaded through portals is subject to the same terms as all other Content on the Service. We may remove Content or disable portals that violate these Terms.

10. Intellectual Property

10.1 Our Intellectual Property

The Service, including its design, features, functionality, and all associated intellectual property rights, are owned by us or our licensors. Nothing in these Terms grants you any right to use our trademarks, logos, domain names, or other brand features without our prior written consent.

10.2 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

11. Copyright and DMCA

11.1 Copyright Policy

We respect intellectual property rights and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law.

11.2 DMCA Notices

If you believe that Content on the Service infringes your copyright, you may submit a notice to our designated agent at legal@isent.io containing:

1. Your physical or electronic signature
2. Identification of the copyrighted work claimed to be infringed
3. Identification of the material claimed to be infringing and its location on the Service
4. Your contact information (address, telephone number, and email)
5. A statement that you have a good faith belief that the use is not authorized
6. A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner

11.3 Counter-Notices

If you believe your Content was wrongly removed, you may submit a counter-notice to legal@isent.io containing the information required by the DMCA.

11.4 Repeat Infringers

We will terminate the accounts of users who are repeat copyright infringers in appropriate circumstances.

12. Third-Party Services

12.1 Third-Party Integrations

The Service may integrate with or contain links to third-party services, including but not limited to Stripe (payments), Cloudflare (storage), and Resend (email). Your use of these services is subject to their respective terms and privacy policies.

12.2 No Endorsement

We do not endorse, warrant, or assume responsibility for any third-party services or content. Your interactions with third parties are solely between you and them.

13. Privacy

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and share your information. By using the Service, you agree to our Privacy Policy.

14. Disclaimers

14.1 "As Is" Disclaimer

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

14.2 No Guarantee

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• DEFECTS WILL BE CORRECTED
• THE SERVICE OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS
• THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS
• YOUR CONTENT WILL BE AVAILABLE FOR ANY SPECIFIC PERIOD
• FILES WILL NOT BE LOST, CORRUPTED, OR DELETED

14.3 Your Assumption of Risk

YOU USE THE SERVICE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE.

15. Limitation of Liability

15.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT
• DAMAGES RESULTING FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY
• ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE

15.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

15.3 Basis of the Bargain

THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

15.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Service
• Your Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable law

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@isent.io to attempt to resolve any dispute informally. We will attempt to resolve disputes within 30 days of receiving your notice.

17.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If informal resolution fails, you and we agree that any dispute, claim, or controversy arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered by the ADR Institute of Canada under its Arbitration Rules. The arbitration shall take place in Ottawa, Ontario, Canada, and shall be conducted in English by a single arbitrator.

17.3 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

17.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

17.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions within 30 days of accepting these Terms by sending written notice to legal@isent.io. If you opt out, all other provisions of these Terms remain in effect.

17.6 Survival

This arbitration agreement shall survive termination of these Terms and your use of the Service.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Subject to the arbitration provisions above, you consent to the exclusive jurisdiction of the courts located in Ottawa, Ontario, Canada.

19. Additional Terms for EU/EEA/UK Users

If you are located in the European Union, European Economic Area, or United Kingdom, the following additional terms apply:

19.1 Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under applicable EU/EEA/UK consumer protection laws, including the Consumer Rights Directive.

19.2 Right of Withdrawal

If you are a consumer, you may have the right to withdraw from a purchase within 14 days. However, by purchasing credits and using them, you expressly request that we begin performance immediately and acknowledge that you will lose your right of withdrawal once credits are used.

19.3 Data Protection

Our processing of your personal data is subject to applicable data protection laws, including the General Data Protection Regulation (GDPR). See our Privacy Policy for details on your rights.

19.4 Dispute Resolution

The arbitration provisions in Section 17 shall not apply to the extent they conflict with mandatory consumer protection laws in your jurisdiction. You may also be entitled to bring claims in your local courts or use local dispute resolution mechanisms.

19.5 Liability

The limitation of liability in Section 15 shall not apply to liability arising from our gross negligence, willful misconduct, or fraud, or to the extent such limitation is prohibited by mandatory applicable law.

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

20.2 Severability

If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. The remaining provisions shall continue in full force and effect.

20.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

20.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without your consent to any affiliate or in connection with a merger, acquisition, or sale of assets.

20.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

20.6 Notices

We may provide notices to you through the Service, by email to the address associated with your account, or by other reasonable means. You may provide notices to us at legal@isent.io.

20.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

20.8 Language

These Terms are written in English. If translated into any other language, the English version shall prevail in case of conflict.

21. Contact Us

If you have questions about these Terms, please contact us at:

Albearoti Solutions Inc.
Email: legal@isent.io