Terms of Service

1. Eligibility

You must be at least 18 years of age or the age of legal majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet this requirement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

zkDrop provides a zero-knowledge encrypted file sharing platform. Users can create secure upload links, share them with recipients, and receive encrypted files. All encryption and decryption occurs client-side in the user's browser. The Company does not have access to, and cannot recover, encryption keys, plaintext file contents, or file metadata.

3. Account and Authentication

Access to certain features requires authentication via email-based magic links. You are responsible for maintaining the security of your email account and any encryption keys or links generated through the Service. You agree to notify us immediately of any unauthorized use of your account.

4. Zero-Knowledge Architecture and Key Management

You acknowledge and understand that the Service uses a zero-knowledge encryption architecture. This means:

• Encryption keys are generated in your browser and are never transmitted to or stored on our servers.
• If you lose your encryption key or the link containing the key, we cannot recover your data. There is no "forgot my key" feature.
• We have no ability to decrypt, access, view, or recover any files uploaded through the Service.
• You are solely responsible for securely storing and managing your encryption keys and upload links.

12. HIPAA Disclaimer

While the Service implements encryption and security measures that may support HIPAA compliance, the Service alone does not ensure HIPAA compliance. If you are a covered entity or business associate under HIPAA, you are solely responsible for ensuring your use of the Service complies with HIPAA requirements. The Company does not act as a business associate under HIPAA unless a separate Business Associate Agreement (BAA) has been executed between you and Question Labs LLC. Use of the Service without a BAA does not create a business associate relationship.

5. Acceptable Use

You agree not to use the Service to:

• Upload, transmit, or share any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Distribute malware, viruses, or any other harmful software.
• Violate any applicable local, state, national, or international law or regulation, including but not limited to export control laws, sanctions, anti-money laundering laws, or data protection regulations.
• Infringe upon the intellectual property rights, privacy rights, or other rights of any third party.
• Upload, store, or transmit child sexual abuse material (CSAM) or any content that exploits minors.
• Engage in any activity that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.
• Attempt to gain unauthorized access to any systems, networks, or accounts associated with the Service.
• Use the Service to facilitate terrorism, human trafficking, or other criminal activity.

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice, for any violation of these Terms. Due to the zero-knowledge architecture, we may not be able to inspect file contents, but we may take action based on metadata, usage patterns, reports from third parties, or law enforcement requests.

6. Intellectual Property

The Service, including its design, code, features, and documentation, is the property of Question Labs LLC and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

You retain all rights to the content you upload through the Service. By using the Service, you do not grant us any rights to your content (which we cannot access due to end-to-end encryption).

8. File Expiration and Deletion

Files uploaded through the Service are subject to configurable expiration periods. Expired files are automatically deleted and cannot be recovered. We may also delete files and data at any time for operational, legal, or compliance reasons. The Company is not responsible for any data loss resulting from file expiration, deletion, or service interruption.

13. DMCA and Copyright

Due to the zero-knowledge encryption architecture, we cannot inspect or moderate the content of files transmitted through the Service. If you believe that content accessible through the Service infringes your copyright, please contact us with a valid DMCA takedown notice. We will take action to the extent technically feasible given our zero-knowledge architecture, which may include disabling access to the relevant upload request.

7. Third-Party Services

The Service relies on third-party infrastructure providers including, but not limited to, cloud storage providers, database providers, and email delivery services. We are not responsible for the availability, security, or performance of these third-party services. Your use of the Service is also subject to the terms and policies of these third-party providers.

9. Disclaimer of Warranties

While we implement industry-standard encryption (AES-256-GCM), no security system is impenetrable. You use the Service at your own risk and are solely responsible for evaluating whether the Service meets your security requirements.

10. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the fullest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Question Labs LLC, its officers, directors, members, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of the Service; (b) any content you upload, transmit, or share through the Service; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any rights of a third party.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.

15. Dispute Resolution and Arbitration

16. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, limitation of liability, indemnification, and dispute resolution.

Upon termination, we may delete all data associated with your account, including encrypted files stored on our infrastructure. Due to the zero-knowledge architecture, we cannot provide copies of your encrypted files in a usable format.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service with a revised "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Question Labs LLC regarding the Service and supersede all prior agreements, representations, and understandings.

20. No Waiver

The failure of Question Labs LLC to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of the Company.

21. Force Majeure

Question Labs LLC shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, power failures, internet or telecommunications failures, or cyberattacks.