MellySend

Terms of Service

Last updated: April 2026

1. Agreement

By accessing or using MellySend (“the Service”), operated by Melly Labs, you agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, and our Data Processing Agreement. These documents constitute a legally binding agreement between you and Melly Labs. If you do not agree, you must not use the Service.

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

2. About Melly Labs

MellySend is operated by:

3. Service description

MellySend is a file transfer and cloud storage platform. We offer three tiers:

  • Anonymous transfers: up to 500 MB per transfer, 48-hour expiry, no account required
  • Free accounts: up to 5 GB per transfer, 7-day expiry, 20 GB total storage
  • Pro accounts: up to 50 GB per transfer, 1 TB storage (transfers + vault), persistent files, custom branding, folder collaboration

All files are encrypted at rest using AES-256 server-side encryption. Optional end-to-end encryption is available, where files are encrypted in your browser before upload.

4. Account registration

Accounts are created using a magic link sent to your email address. No password is required. You are responsible for maintaining the security of your email account and for all activity that occurs under your account.

You must provide a valid email address. Accounts created with disposable or fraudulent email addresses may be suspended without notice.

5. Acceptable use

You agree not to use MellySend to:

  • Upload, store, or distribute content that is illegal under Dutch or EU law
  • Distribute malware, viruses, ransomware, or other harmful software
  • Upload child sexual abuse material (CSAM) — this is reported to law enforcement immediately
  • Infringe on copyrights, trademarks, or other intellectual property rights
  • Send spam, phishing emails, or unsolicited content via our email features
  • Upload content that promotes violence, terrorism, or hatred
  • Attempt to circumvent storage limits, rate limits, or other technical restrictions
  • Use automated tools, bots, or scripts to scrape, crawl, or abuse the Service
  • Resell, sublicense, or redistribute access to the Service without prior written consent
  • Impersonate another person or entity
  • Use the Service for purposes that compete directly with MellySend

Violation of this policy may result in immediate suspension or termination of your account, removal of content, and, where required by law, reporting to the relevant authorities.

6. Custom URLs and branding

Pro subscribers may register a custom subdomain (e.g., yourcompany.mellysend.com) and upload custom branding assets including logos and background images. By using these features, you agree to the following:

  • You may only register subdomains for brands, companies, or names that you own or are authorised to use
  • You must not register subdomains that impersonate other companies, organisations, or individuals
  • Certain subdomains are reserved for system use or protected brand names and cannot be registered
  • Protected brand names may be claimed by their rightful owners upon providing valid brand registration documents to legal@mellysend.com
  • Melly Labs reserves the right to revoke, reassign, or suspend any custom subdomain at any time, without prior notice, if we determine it infringes on third-party trademark rights, violates these Terms, or is being used in bad faith
  • Uploaded branding assets (logos, backgrounds) must not contain offensive, misleading, or infringing content

Melly Labs is not responsible for verifying trademark ownership of registered subdomains. If you believe a subdomain infringes on your trademark rights, please contact us at legal@mellysend.com with supporting documentation.

7. Content ownership and responsibility

You retain all rights to the files you upload. Melly Labs does not claim any ownership or intellectual property rights over your content. By uploading files, you grant us a limited, technical license to store, encrypt, and transmit your files solely for the purpose of providing the Service.

You are solely responsible for the content you upload and share. You represent that you have the legal right to upload and distribute all files you share through the Service.

We do not monitor, review, or inspect the contents of your files, except when required by law or in response to a valid content report under the EU Digital Services Act (DSA).

8. Pro subscriptions and billing

Pricing and payment

  • Pro subscriptions are available monthly or yearly
  • All prices are displayed excluding of applicable VAT
  • Payments are processed by Mollie B.V. (Netherlands)
  • Subscriptions renew automatically at the end of each billing period

Cancellation

  • You may cancel your subscription at any time from your account settings
  • After cancellation, you retain Pro access until the end of the current billing period
  • Your account reverts to the Free tier after the billing period ends
  • Vault files exceeding the Free tier storage limit are retained for 30 days after downgrade, then permanently deleted

14-day cooling-off period (EU consumer right)

Under the EU Consumer Rights Directive (2011/83/EU), you have the right to withdraw from your purchase within 14 calendar days without giving a reason. To exercise this right, contact us at legal@mellysend.com.

The cooling-off period does not apply if you have substantially used the Service during those 14 days. Substantial use is defined as: uploading more than 1 GB of files to your vault, configuring custom branding (logo, background, or custom domain), or inviting collaborators to shared folders.

Refunds are processed within 14 business days to the original payment method.

9. File expiry and deletion

  • Anonymous transfers are automatically deleted after 48 hours
  • Free transfers are automatically deleted after 7 days
  • Pro vault files persist until deleted by the user or until account downgrade (30-day retention)
  • Deleted files are removed from our storage within 30 days (trash recovery period)
  • Files that violate our Acceptable Use policy may be removed without notice
  • If you delete your account, all associated files are permanently removed within 30 days

10. Content reporting and takedowns (DSA)

In compliance with the EU Digital Services Act (Regulation 2022/2065), MellySend provides a mechanism for reporting illegal content. If you believe content hosted on MellySend is illegal, you can submit a report through our content report form, available on every transfer download page.

Reports are reviewed promptly. We may take the following actions:

  • Remove or disable access to the reported content
  • Suspend or terminate the uploader's account
  • Report the content to law enforcement (where legally required)
  • Notify the content uploader of the action taken (unless prohibited by law)

Copyright takedown requests

If you believe content hosted on MellySend infringes your copyright or other intellectual property rights, contact us at legal@mellysend.com with:

  • A description of the copyrighted work
  • The transfer URL containing the allegedly infringing content
  • Your contact information
  • A statement of good faith belief that the use is not authorized by the rights holder
  • A declaration, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rights holder

We aim to respond to valid takedown requests within 48 hours.

11. Account suspension and termination

We may suspend or terminate your account, without prior notice, if:

  • You violate these Terms or the Acceptable Use policy
  • Your account is used for illegal activity
  • We receive a valid law enforcement request
  • We determine, at our sole discretion, that your use poses a risk to the Service or other users

Upon termination, your access to the Service is revoked immediately. Files associated with your account are deleted within 30 days. If you have an active Pro subscription, no refund is provided for the remaining billing period when termination is due to a Terms violation.

You may delete your own account at any time from Settings. Account deletion is permanent and cannot be undone.

12. Limitation of liability

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by Dutch and EU law:

  • We do not warrant that the Service will be uninterrupted, error-free, or secure
  • We are not liable for any data loss, corruption, or unauthorized access to your files
  • Our total aggregate liability to you for any claim arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim
  • We are not liable for indirect, incidental, special, consequential, or punitive damages

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for fraud, gross negligence, or death or personal injury caused by negligence.

13. Service availability

We aim for high availability but do not guarantee uninterrupted service. We may perform scheduled maintenance, deploy updates, or make changes to the Service that temporarily affect availability. We will make reasonable efforts to notify registered users of planned downtime in advance.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. If we discontinue the Service entirely, we will provide at least 30 days' notice to allow you to export your data.

14. Intellectual property

The MellySend name, logo, design, and all related branding are the property of Melly Labs. You may not use our trademarks without prior written consent.

MellySend is built using open-source software and technologies. Our use of open-source components is governed by their respective licenses.

15. Data and privacy

Your privacy is important to us. Please read our Privacy Policy for details on how we collect, use, and protect your personal data. We comply with the General Data Protection Regulation (GDPR).

All data is stored exclusively in the European Union. No data is transferred outside the EU.

16. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from or in connection with these Terms shall be submitted to the competent court in Rotterdam, the Netherlands.

This choice of jurisdiction does not affect any mandatory consumer protection rights you may have under the laws of your country of residence within the European Union.

You may also use the EU Online Dispute Resolution platform at ec.europa.eu/odr.

17. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify registered users by email at least 14 days before the changes take effect. The “last updated” date at the top of this page indicates when these Terms were last revised.

Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Service and may delete your account.

18. Contact

For questions about these Terms:

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