Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Transcend Technologies, Inc., a Delaware corporation doing business as "VirtualDrive" ("VirtualDrive," "we," "us," or "our"), with offices at 300 Delaware Ave, Suite 210 #426, Wilmington, DE 19801, USA. These Terms govern your access to and use of the VirtualDrive website at virtualdrive.us, mobile applications, desktop clients, APIs, and related services (collectively, the "Service"). By creating an account, installing our applications, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and End User License Agreement.

You must be at least 13 years old (or 16 in the European Economic Area, United Kingdom, or where higher local minimums apply) to use the Service. If you are under the age of majority in your jurisdiction, a parent or legal guardian must accept these Terms on your behalf. The Service is not intended for, and we do not knowingly collect data from, children under 13. You must be at least 18 years old (or the age of majority where you live, if higher) to upload, store, or share sexually explicit content (see Section 6). If you are accepting on behalf of an entity, you represent that you have authority to bind that entity.

VirtualDrive provides cloud storage, file synchronization, sharing, collaboration, and team-workspace features across web, mobile, and desktop. The Service is offered in free and paid tiers; available features, storage limits, and pricing are described on our Pricing page and may change at our discretion with reasonable notice.

• You must provide accurate, current, and complete information when registering and keep it updated.
• You are responsible for safeguarding your credentials, including any two-factor authentication device or recovery codes.
• You are responsible for all activity that occurs under your account, including activity by users you authorize or invite to a workspace.
• You must promptly notify us at support@virtualdrive.us of any actual or suspected unauthorized access or breach.
• We may suspend, restrict, or terminate accounts that show signs of compromise, abuse, or non-payment, or that we are required to take action against by law.

You retain all right, title, and interest in the files, photos, messages, and other content you upload, store, share, or otherwise submit through the Service ("User Content"). You grant VirtualDrive a worldwide, non-exclusive, royalty-free, sublicensable license solely to host, store, copy, transmit, display, scan for security, transcode, and otherwise process User Content as reasonably necessary to operate, provide, secure, and improve the Service and to comply with law or valid legal process. This license ends when you delete the User Content from the Service, subject to backups and any retention required by law (see Section 12).

You represent and warrant that: (a) you own or have all rights, licenses, consents, and permissions needed to upload, store, and share your User Content and to grant the license above; (b) you have the consent of every identifiable person depicted in User Content that you upload or share, wherever that consent is required by law or by these Terms (see Sections 5 and 6); and (c) your User Content and your use of the Service do not infringe, misappropriate, or violate any third party's rights (including intellectual property, privacy, and publicity rights) or any applicable law. You are solely responsible for your User Content and for the consequences of storing and sharing it. We do not claim ownership of, and we have no obligation to pre-screen, edit, or endorse, User Content, but we may remove or disable access to content that we reasonably believe violates these Terms or applicable law.

You agree not to, and not to permit, encourage, or assist any third party to, use the Service in any way that violates law or these Terms. The following are strictly prohibited:

• Uploading, storing, transmitting, sharing, or otherwise making available any content that is unlawful, harassing, hateful, defamatory, threatening, obscene, fraudulent, or that infringes intellectual property or privacy rights;
• Child sexual abuse material (CSAM), non-consensual intimate imagery, content that sexualizes minors, or content that exploits, depicts, or solicits violence against any person;
• Intimate or sexually explicit images or videos of another person, unless every identifiable person in them is an adult (18 or older) and has consented both to the upload and to any sharing. Never upload or share anyone's private or intimate images without their permission, and never threaten to do so;
• Content that promotes terrorism, organized criminal activity, human trafficking, or the unlawful sale of weapons, controlled substances, or other illegal goods or services;
• Malware, ransomware, viruses, worms, Trojan horses, exploits, phishing kits, credential-stuffing lists, stolen data, or tools designed to defeat security;
• Deepfakes or other synthetic media intended to deceive, defraud, defame, or impersonate any real person;
• Spam, mass unsolicited messaging, link-laundering, or distribution of pirated software, media, or other unauthorized copies of copyrighted material;
• Reverse engineering, decompiling, disassembling, scraping, or otherwise attempting to derive source code or circumvent rate limits or technical protection measures;
• Probing, scanning, or testing the vulnerability of any system or network without our prior written authorization, or breaching or otherwise circumventing security or authentication measures;
• Using the Service to operate a competing storage, sync, or sharing service, or to build a product that substantially replicates the Service;
• Sharing public links to content that violates this Acceptable Use Policy;
• Any activity that imposes an unreasonable load on our infrastructure or disrupts the experience of other users.

We may, but are not obligated to, monitor, review, scan, or moderate content and activity, and may remove, disable, throttle, or refuse to transmit content that we reasonably believe violates these Terms, is unlawful, or poses a risk to users, the Service, or third parties. We will report apparent CSAM to the National Center for Missing & Exploited Children (NCMEC) and to relevant authorities as required by law.

Reporting & Takedown

Anyone, with or without a VirtualDrive account, can report content they believe violates these Terms: use the Report button on any shared link page, the report form at virtualdrive.us/app/report, or email support@virtualdrive.us. Reports can be anonymous; if you leave an email address, we may contact you about the outcome.

• Non-consensual intimate imagery: if you report an intimate image or video that was uploaded or shared without the consent of a person shown in it (whether that is you or someone else), we review the report and, when it is valid, remove the content and disable access to it as soon as possible and no later than 48 hours after we receive the report. We also make reasonable efforts to find and remove identical copies.
• Child sexual abuse material: we disable access immediately, preserve the content and related account information as evidence, and report it to the National Center for Missing & Exploited Children (NCMEC) as required by law.
• Copyright: copyright complaints follow the procedure in Section 11 and our DMCA & Copyright Policy.
• Interim measures: when a public share link is reported, or a file is reported, we may automatically and immediately pause the reported link, or the public links to the reported file, while we review the report, without prior notice. A paused link shows as unavailable to anyone who opens it and keeps its settings; only we can resume it, and we resume it if we find no violation. Pausing a link does not delete any file and is not a finding that you violated these Terms.
• Consequences: when we confirm a violation we may remove or disable the content, disable sharing for the file or for the account, block identical copies from being uploaded or shared again, issue a warning, or suspend or terminate the account. Repeat violators lose the ability to share and may be suspended or terminated.

VirtualDrive is a general-purpose cloud storage service. You may store lawful personal content in your private account, including lawful adult content, provided that every person depicted is an adult (18 or older) and the content was created, obtained, and is possessed lawfully and with the consent of every person depicted.

VirtualDrive strictly prohibits child sexual abuse or exploitation material, any sexual content involving minors, non-consensual intimate imagery, unlawful pornography, sexual exploitation or trafficking, and any other sexual content prohibited by applicable law. This prohibition applies to private storage as well as to sharing.

You must be at least 18 years old (or the age of majority where you live, if higher) to upload, store, or share sexually explicit content. You must not use the Service to distribute sexually explicit content to minors, or to distribute it publicly (for example, by posting a share link where anyone can open it) without age-appropriate access controls. VirtualDrive may restrict the public sharing or distribution of sexually explicit content even where private storage of that content is permitted.

By uploading or sharing content that depicts any identifiable person, you represent and warrant that you have that person's consent, and all other rights, needed for the upload and for any sharing you do.

Violations may result in removal or restriction of content, suspension of sharing features, account suspension, or account termination. Serious violations may result in immediate termination without notice and in reporting to the appropriate authorities, including NCMEC, where required by law.

Features that let you share files with other users or via public links are provided at your discretion. You are solely responsible for what you share, with whom, and on what terms, including the use of passwords, expirations, and download permissions. Once you share content, recipients may copy, save, or further redistribute that content, and we cannot recall or revoke copies that have already left the Service. We may, at any time and with or without prior notice, limit, pause, disable, or delete any share link (deleting a link never deletes the file it points to), or restrict the sharing of a particular file or from a particular account, including automatically and temporarily while we review a report (see Section 5). You must not circumvent any such restriction, for example by creating new links to the same content. To the extent permitted by law, we are not liable for any unavailability of a share link resulting from these measures.

• Paid subscriptions are billed in advance on a recurring basis (monthly or annual) and automatically renew unless cancelled before the renewal date.
• Prices are exclusive of applicable taxes, which we may collect where required by law.
• If you purchase through the Apple App Store, Google Play, or another platform, billing, cancellation, refunds, and family-sharing are governed by that platform's terms. We cannot directly issue refunds for in-app purchases made through those platforms.
• Purchases made directly on our website are processed by our payment processors (currently Stripe and PayPal), whose terms also apply to the payment transaction. We do not store your full card details.
• Free trials. If we offer a free trial, its length and eligibility are shown when you start it. Unless you cancel before the trial ends, your paid subscription starts and you are charged automatically at the then-current price when the trial ends. Trials started through the Apple App Store or Google Play are managed by that platform and must be cancelled there. We may limit trials to one per person, account, payment method, or device, and may end a trial early if it is abused.
• For purchases made directly through VirtualDrive, refunds are at our discretion and generally limited to (a) a 14-day "cooling off" period for first-time annual subscriptions and (b) refunds required by applicable consumer-protection law. Pro-rated refunds for partial billing periods are not provided.
• We may change pricing for future billing periods on at least 30 days' prior notice. Continued use after a price change constitutes acceptance.
• If a payment fails, we may downgrade your account to the free tier, suspend uploads, or terminate the account after reasonable notice.
• Storage after a subscription or free trial ends. If your paid subscription or free trial ends for any reason (including cancellation, expiry, a failed payment, or a refund) and the files stored in your account exceed the free plan's storage limit, your account becomes read-only for at least 60 days: you can still view, download, and delete your files, but you cannot upload new ones. We will email you warnings during this period. If your account is still over the free plan's limit after that period, we may delete the files that exceed the limit, starting with items in your Trash and then your most recently uploaded files, until your account is back within the limit; deleted files cannot be recovered by you. You can prevent this at any time before then by resubscribing, or by deleting files and emptying your Trash until your storage is within the free plan's limit.

If you accessed the Service through the Apple App Store or Google Play, the applicable platform's terms also apply, and you acknowledge that the platform provider is a third-party beneficiary of these Terms with respect to its app and is entitled to enforce these Terms against you. We — not Apple or Google — are solely responsible for the Service and its content. Apple and Google have no obligation to furnish any maintenance or support services with respect to the Service. See our EULA for additional Apple-specific provisions.

The Service, including all software, designs, trademarks, logos, text, graphics, and other materials (excluding User Content), is owned by VirtualDrive or its licensors and is protected by copyright, trademark, and other laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your personal or internal business purposes. No other rights are granted by implication or estoppel. All feedback you submit may be used by us without restriction or compensation.

We respect intellectual property rights and respond to clear notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. §512). Submit notices to support@virtualdrive.us including: (1) a physical or electronic signature, (2) identification of the copyrighted work, (3) identification of the material to be removed and its location, (4) your contact information, (5) a good-faith statement of unauthorized use, and (6) a statement under penalty of perjury that the information is accurate and you are authorized to act. Counter-notices may be submitted to the same address. We will terminate accounts of repeat infringers in appropriate circumstances. We may disable sharing of material identified in a valid notice, including identical copies. Our full takedown and counter-notice procedure, including our designated agent's contact details, is published in our DMCA & Copyright Policy.

You may cancel your account at any time from account settings. We may suspend or terminate your account at any time for violations of these Terms, suspected fraud or abuse, prolonged inactivity, non-payment, or as required by law. Upon termination, your right to access the Service immediately ceases. We generally retain User Content for up to 30 days after account deletion to allow recovery, after which it is permanently deleted from active systems; residual copies may remain in backups for up to 90 additional days before secure deletion. Some records (such as transaction records) may be retained longer where required by law.

While we investigate a suspected violation, we may suspend all or part of the Service for your account (for example, uploads or sharing). Where content is subject to a legal hold, an abuse investigation, or a legal reporting obligation (for example, apparent CSAM), we may preserve that content and related account information for as long as the law requires or permits, even after it or your account has been deleted.

When we pause or remove content or share links, or restrict sharing or your account, we may notify you by email (in your language where available) with the reason and how to ask for a review. We will do so when we take action after confirming a violation, unless the law prohibits it, notice could hinder an investigation or put someone at risk, or the content is apparent CSAM. You can ask for a review by replying to that email or by writing to support@virtualdrive.us. Copyright counter-notices follow our DMCA & Copyright Policy.

We disclose user information or content to government authorities only in response to valid legal process (such as a subpoena, court order, or search warrant), or where we believe in good faith that disclosure is required by law or necessary to prevent imminent death or serious physical injury. Unless the law prohibits it or the matter is an emergency, we will try to notify affected users before disclosing their information. We report apparent child sexual abuse material to NCMEC as required by 18 U.S.C. §2258A. Legal requests may be sent to support@virtualdrive.us.

The Service and all software, content, and materials made available through it are provided on an "AS IS" and "AS AVAILABLE" basis, with all faults and without warranty of any kind. To the maximum extent permitted by law, VirtualDrive and its affiliates, officers, employees, agents, suppliers, and licensors expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment, and any warranties arising from course of dealing, usage, or trade practice.

We do not warrant that the Service will be uninterrupted, secure, accurate, error-free, or free from viruses or other harmful components; that defects will be corrected; that any data or files will be available, retained, recoverable, or not lost or corrupted; or that any results obtained from the Service will be accurate or reliable.

You are solely responsible for maintaining independent backups of any data important to you. The Service is not a backup service. Although we use commercially reasonable measures to protect data, equipment failure, software bugs, third-party outages, security incidents, accidental deletion, account compromise, or other events may result in loss, corruption, or temporary unavailability of User Content. To the maximum extent permitted by law, you release VirtualDrive from any liability for loss, deletion, corruption, inaccessibility, or unauthorized disclosure of User Content.

To the maximum extent permitted by law, in no event will VirtualDrive or its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), strict liability, or any other theory, even if we have been advised of the possibility of such damages.

Our aggregate liability for all claims relating to the Service in any twelve-month period will not exceed the greater of (a) the amounts you actually paid us for the Service in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the smallest extent permitted by law.

Consumers in Japan: If you are a consumer under Japan's Consumer Contract Act, nothing in these Terms (including Sections 7, 15 and 16) excludes or limits our liability for damage caused by our willful misconduct or gross negligence, and for damage caused by our ordinary negligence our liability is limited as set out in this Section 16.

You agree to defend, indemnify, and hold harmless VirtualDrive and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your User Content; (b) your use or misuse of the Service; (c) your violation of these Terms, our Acceptable Use Policy, or applicable law; (d) your infringement or violation of any third-party right; or (e) any content you share, and any claim by a third party (including a person depicted in your User Content) arising from your upload, storage, or sharing of it. We may, at our option, assume exclusive control of any matter subject to indemnification, in which case you agree to cooperate with us.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Binding Arbitration & Class Waiver (U.S. users): Except for claims that may be brought in small-claims court or for injunctive or other equitable relief to protect intellectual property or security, any dispute arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. YOU AND VIRTUALDRIVE EACH WAIVE THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Arbitration will take place in the county of your residence or another mutually agreed location, and the arbitrator's award may be entered in any court of competent jurisdiction.

If the arbitration agreement is held unenforceable as to any claim, that claim will be brought exclusively in the state or federal courts located in Delaware, and you and we consent to personal jurisdiction and venue there.

30-Day Opt-Out: You may opt out of arbitration by emailing support@virtualdrive.us within 30 days of first agreeing to these Terms, stating your name, the email on your account, and that you opt out.

EU/UK consumers: Nothing in this section limits any non-waivable rights you have under the mandatory law of your country of residence, and you may bring proceedings in the courts of that country.

Consumers in Japan: If you are a consumer residing in Japan, the arbitration agreement and class-action waiver in this section do not apply to you, and you may bring proceedings in the competent courts of Japan.

We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, accidents, pandemics, network or power failures, or denial-of-service attacks.

You may not use or access the Service from any country subject to comprehensive U.S. sanctions, or if you are listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export-control laws. If you are a U.S. federal-government user, the Service is "commercial computer software" under FAR 12.212 and DFARS 227.7202.

We may update these Terms from time to time. Material changes will be announced via email or in-product notice at least 30 days before they take effect (or such shorter notice as is required by law). Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and may close your account.

• Entire agreement: these Terms, the Privacy Policy, and the EULA constitute the entire agreement between you and us regarding the Service and supersede prior agreements.
• Severability: if any provision is unenforceable, the remainder remains in effect.
• No waiver: failure to enforce a provision is not a waiver.
• Assignment: you may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of substantially all assets.
• Independent contractors: no partnership, agency, or joint venture is created.
• Notices: we may send notices via email or in-product; you may send notices to support@virtualdrive.us.
• Headings are for convenience only and have no legal effect.

Questions about these Terms? Reach us at:

Transcend Technologies, Inc. (DBA "VirtualDrive") 300 Delaware Ave, Suite 210 #426 Wilmington, DE 19801, USA Phone: +1 (917) 438-7005 Legal & Support: support@virtualdrive.us Corporate: support@transcendtechnologysolutions.com Web: virtualdrive.us/contact