Terms of Service

These Terms of Service (the "Terms") are a legally binding agreement between you and SecretPaste, a Texas company based in Dallas, Texas ("SecretPaste," "we," "us," or "our"). They govern your access to and use of secretpaste.com and its subdomains, the SecretPaste web application, the application programming interface (the "API"), the command-line interface, software development kits, integrations, browser extensions, emails and notifications, and every other product, feature or service that we offer and that links to or references these Terms (together, the "Service").

You accept these Terms, and agree to be bound by them, when you do any of the following: create an account or sign in; click or tap a button or checkbox that references these Terms; create, send, open or respond to a secret, link or request; call the API; install or run our software; purchase or renew a subscription; or otherwise access or use the Service. If you do not agree to every provision of these Terms, you must not access or use the Service.

Our Privacy Policy explains how we handle personal information and is incorporated into these Terms by reference. Additional terms may apply to particular features, plans, promotions or order forms, including our Data Processing Addendum where it applies ("Supplemental Terms"). Supplemental Terms form part of these Terms. If a Supplemental Term conflicts with these Terms, the Supplemental Term controls only for the feature, plan or order it covers.

Accepting for an organization. If you accept these Terms on behalf of a company, organization or other legal entity, you represent and warrant that you have the authority to bind that entity, and "you" means both you and that entity. If you do not have that authority, you are personally bound by these Terms and you must not use the Service on the entity's behalf.

By accessing or using the Service, you represent and warrant that:

• you are at least 18 years old and have reached the age of legal majority where you live;
• you have full legal capacity and authority to enter into a binding contract with us;
• you are not located in, organized under the laws of, or ordinarily resident in a country or territory that is the subject of comprehensive United States sanctions, and you are not listed on, or owned or controlled by anyone listed on, any United States government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List;
• you are not prohibited from receiving the Service under the laws of the United States or any other jurisdiction that applies to you;
• we have not previously suspended or terminated your access to the Service, unless we have agreed in writing that you may return; and
• all information you give us is accurate, current and complete, and you will keep it that way.

The Service is not directed to children, and no one under 18 may create an account, create a secret, or open one. If we learn or reasonably suspect that someone under 18 is using the Service, we may suspend or terminate their access and delete their account without notice.

What SecretPaste does. SecretPaste lets you share text or a file through a link that stops working after the number of views, the expiry time, or the other conditions you choose. Depending on your plan, the Service may also provide receipts, recipient verification, request links, webhooks, custom domains, workspaces and related tools. Features, limits and availability vary by plan and may change as described in these Terms.

Encryption on your device. When you create a secret in the web application, the command-line interface, or a software development kit that encrypts on your device, the content is encrypted on your device before it is sent to us. The decryption key is placed in the part of the link after the "#" character, which browsers do not send to our servers. We store the encrypted content and the metadata described in the Privacy Policy. We cannot read that content, and we cannot recover it, decrypt it, or restore a lost or incomplete link for you or for anyone else.

Server-encrypted requests. When you create a secret with a plain HTTP request from a terminal, for example with curl, your terminal cannot run our encryption code, so our server encrypts the content for you. That content is processed in readable form in our server's memory while our server encrypts it, and at any other time our server encrypts or decrypts it for you. Responses on that path say that our server did the encrypting. If you do not want our server to process readable content, use the web application, the command-line interface, or a software development kit instead.

A link is a key. Anyone who holds the complete link to a secret can open it. Unless you turn on a recipient verification feature, the Service cannot tell who is opening a link, and a verification feature confirms only what it is designed to confirm. You alone decide who receives a link, how you send it, and what you put in it. Treat every link with the same care as the secret itself.

No guarantee of delivery, destruction or reading. A view may be consumed by a failed connection, a wrong key or passphrase, a browser extension, a security scanner or another automated system, and a consumed view cannot be restored. A receipt, view count, notification or status shows that an event was recorded; it does not prove who opened a secret, or that anyone read or understood it. Recipients can copy, photograph or keep content once it is displayed to them. A link becoming unavailable does not mean that every copy, log or backup has been erased at that moment; deleted data can remain in backups until they are overwritten in the ordinary course, as the Privacy Policy describes.

Changes to the Service. We may add, change, limit, suspend or discontinue any part of the Service, including features, limits, plans, integrations and supported platforms, at any time and without liability to you. If we permanently discontinue the Service as a whole, we will refund the unused portion of any fees you prepaid for the period after the discontinuation, and that refund is your sole and exclusive remedy.

Some features are available without an account, and others require one. You must give accurate registration information, and you must not create an account with another person's identity, with an email address or domain you are not authorized to use, or by automated means.

You are responsible for all activity that occurs under your account, your workspaces, your API keys and your sessions, and through any email account, device or identity provider you use to sign in, whether or not you authorized that activity. You must keep your credentials confidential, protect the email account you sign in with, and tell us immediately at security@secretpaste.com if you suspect that your account or a credential has been compromised. We are not liable for any loss or damage arising from unauthorized use of your account or credentials.

Workspaces. The organization or person that creates and pays for a workspace controls it. Workspace owners and administrators can invite and remove members, change roles, view workspace activity and audit records, and manage billing, integrations, domains and settings. If you join a workspace, you agree that its owners and administrators may see your activity in that workspace and may remove your access at any time. We are not responsible for disputes among workspace members, and we may rely on the instructions of a workspace owner, or of the organization that holds the billing relationship, in any dispute about control of a workspace.

Custom domains and integrations. If you connect a custom domain, webhook endpoint, messaging workspace or other integration, you represent that you own or control it and are authorized to connect it, and you are responsible for everything sent through it. Abuse of the Service through a custom domain or integration may lead us to suspend that domain, that integration, or the entire workspace.

Third-party sign-in. If you sign in through a third-party identity provider, your use of that provider is governed by its own terms, and we are not responsible for its availability, security or conduct.

"Content" means any text, file, data, message, filename, label, note, email address, domain, webhook destination or other material that you, or anyone using your account or your links, submits to or through the Service, whether or not it is encrypted.

Ownership. As between you and us, you keep whatever rights you have in your Content. We do not claim ownership of it.

Your license to us. You grant SecretPaste a worldwide, non-exclusive, royalty-free, fully paid-up license, sublicensable to our service providers and transferable as described in Section 22, to host, store, cache, copy, transmit, encrypt, process, display to the recipients you designate, and delete your Content, in each case to provide, secure, maintain and support the Service, to prevent abuse, fraud and illegal activity, to enforce these Terms, and to comply with law. This license lasts for as long as your Content is held by or for the Service, including in backups and in records we are permitted to keep under the Privacy Policy. For Content encrypted on your device, it covers the encrypted form we hold.

Your responsibility for Content. You are solely responsible for your Content and for the consequences of sharing it, including whether and with whom you share it, the expiry, view and verification settings you choose, and compliance with every confidentiality, privacy, data protection, employment, professional and export obligation that applies to it. You represent and warrant that you own or have obtained every right, license, consent and authorization needed to submit your Content and to share it with your recipients, and that neither your Content nor your sharing of it violates these Terms, any law, or any right of any person.

Regulated data. SecretPaste is not a business associate under the Health Insurance Portability and Accountability Act, is not a service provider for payment card data under the Payment Card Industry Data Security Standard, and is not authorized to handle classified information. Unless we have agreed otherwise in a written agreement signed by us, you must not use the Service for data that requires any of those roles or authorizations. You are solely responsible for deciding whether the Service is appropriate for any data you share.

No duty to monitor. We have no obligation to monitor, review or pre-screen Content, and we cannot read Content encrypted on your device. We may nevertheless review reports, metadata and any Content we are able to access, and we may refuse, disable, remove or destroy any secret, link or Content, at any time and without notice, if we believe it violates these Terms or the law, or creates risk for SecretPaste, our users or anyone else.

Keep your own copies. The Service is designed to destroy Content. You are solely responsible for keeping your own copy of anything you need. We have no obligation to store, back up, recover, return or deliver any Content, and we are not liable for the deletion, destruction, corruption, loss or non-delivery of any Content.

You must not use the Service, attempt to use it, or allow or help anyone else to use it, to:

• create, share, store or distribute child sexual abuse material, or any content that sexualizes minors;
• share intimate images of a person without that person's consent, or content that threatens, harasses, stalks, doxes, defames or intimidates anyone;
• distribute malware, ransomware, spyware, exploit code or any other code designed to damage, disable or gain unauthorized access to a system or data;
• engage in phishing, credential harvesting, impersonation, social engineering, fraud or deception, including presenting a link or a sender name as coming from a person or organization it does not come from;
• share data that was obtained without authorization, including stolen credentials, stolen payment card data, leaked databases, or personal information you have no right to disclose;
• infringe, misappropriate or violate any intellectual property, privacy, publicity, confidentiality or other right of any person;
• send spam or unsolicited bulk messages, or evade spam filters, content filters or other security controls;
• facilitate terrorism, violent extremism, human trafficking, the sale of illegal goods or services, money laundering, sanctions evasion or any other illegal activity;
• export, re-export or transfer any Content, software or technology in violation of United States or other applicable export control or sanctions laws;
• exceed or circumvent any rate limit, usage limit, plan limit, access restriction, verification step or security measure, including by creating multiple accounts;
• scrape, crawl, enumerate or harvest links, identifiers or data from the Service, or attempt to guess or brute-force links, passphrases, verification codes or credentials;
• interfere with or disrupt the integrity, security or performance of the Service, including through denial-of-service attacks, excessive automated requests, or load testing without our written permission;
• probe, scan or test the vulnerability of the Service, except as Section 7 permits;
• reverse engineer, decompile or disassemble any part of the Service that is not published under an open-source license, except to the extent applicable law expressly permits it despite this restriction;
• resell, sublicense, rent or provide the Service to third parties as a standalone or white-labeled service without our written agreement;
• access the Service in order to build a competing product or service, or to copy any of its features, designs or content; or
• violate any applicable law or regulation, or expose SecretPaste, our service providers or our users to harm or liability.

We decide in our sole discretion whether conduct violates this Section. We may investigate suspected violations, preserve relevant records, and cooperate with law enforcement, regulators and affected parties as described in the Privacy Policy and our Law Enforcement Guidelines. We are not liable to you for any action we take, or decline to take, in good faith under this Section or in response to legal process. Report abuse to abuse@secretpaste.com.

We welcome good-faith security research. Report vulnerabilities to security@secretpaste.com, as described on our Security page and in our security.txt file. We will not bring a claim against you under these Terms or under computer misuse laws for research that we determine in good faith: (a) tested only accounts, workspaces and secrets that you own or have explicit written permission to test; (b) avoided accessing, modifying, retaining or destroying anyone else's data, and stopped and reported immediately on encountering it; (c) did not degrade or disrupt the Service, and did not use denial-of-service, social engineering, spam or physical attacks; and (d) kept the details confidential until we resolved the issue or agreed to disclosure. This Section does not authorize any activity that violates law, and it does not bind any third party.

Your license to use the Service. While you comply with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Service, and to install and run in object code form any software we make available to you, solely as these Terms, our documentation and your plan allow. We reserve every right that these Terms do not expressly grant.

The API. Your use of the API is subject to the rate limits, plan limits and documentation we publish, which we may change at any time. You must keep API keys confidential and must not embed them in software or pages that others can access. We may monitor API usage, and we may throttle, suspend or revoke any API key at any time.

Open-source components. Where we make a component available under an open-source license, that license governs your rights to that component's source code, and nothing in these Terms limits those rights. These Terms continue to govern your use of the hosted Service, including when you reach it through open-source software.

Updates. Our software may update itself automatically. We may stop supporting any version of our software, browser extensions or API at any time, and you may need to update to continue using the Service.

Third-party services. The Service works with services we do not control, including identity providers, browsers and browser extension stores, messaging platforms, code hosting platforms, email providers and payment processors. Your use of those services is governed by their own terms and privacy policies. We are not responsible for them, for their availability or security, or for any data you choose to send to them.

Plans and prices. Some features are free and others require a paid plan. Plan features, limits and prices are those shown on our Pricing page or at checkout when you buy. We may change free features and limits at any time. An Enterprise plan or other plan bought under a separate order form is also governed by that order form, which controls if it conflicts with this Section.

Payment. Payments are processed by Stripe, our payment processor; we do not receive or store your full card number. You authorize us and Stripe to charge the payment method you provide for all fees and taxes when they are due, and to update your payment information using details supplied by your card network or bank. You must keep your billing information accurate and current. Fees are in United States dollars unless checkout shows otherwise.

Taxes. Fees do not include taxes. You are responsible for all sales, use, value-added, goods and services, digital services, withholding and similar taxes and duties associated with your purchase, other than taxes on our net income. We calculate and collect taxes based on the billing address you provide, and you represent that it is accurate.

AUTOMATIC RENEWAL. PAID SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD, MONTHLY OR ANNUAL AS YOU CHOSE, FOR ANOTHER PERIOD OF THE SAME LENGTH, AND WE WILL CHARGE YOUR PAYMENT METHOD THE THEN-CURRENT FEE, PLUS APPLICABLE TAXES, AT THE START OF EACH RENEWAL PERIOD UNTIL YOU CANCEL. IF YOUR PLAN INCLUDES A FREE TRIAL, WE WILL START CHARGING YOUR PAYMENT METHOD WHEN THE TRIAL ENDS UNLESS YOU CANCEL BEFORE THEN. YOU CAN CANCEL AT ANY TIME FROM THE BILLING PAGE OF YOUR ACCOUNT. CANCELLATION STOPS FUTURE RENEWALS AND TAKES EFFECT AT THE END OF THE CURRENT BILLING PERIOD, AND YOU KEEP ACCESS TO YOUR PAID FEATURES UNTIL THEN.

Price changes. We may change subscription fees. We will notify you at least 30 days before a price increase applies to your subscription, and the new price takes effect at your next renewal after that notice period. If you do not want to pay the new price, you must cancel before that renewal.

Seats and plan changes. For plans billed per seat, you pay for every seat in the workspace. When you add or remove seats, or change plans, the charge or credit is prorated as calculated by our payment processor. Credits are applied to future invoices and are not paid out in cash.

Failed payments. If a payment fails, we may retry it and send you reminders. If payment is not made within the grace period stated in those reminders, which is currently seven days, we may move your account or workspace to the free plan, suspend paid features, or both. You remain responsible for any amount that was due. Moving to the free plan does not by itself delete secrets you already created, which keep working until their own expiry; paid features stop, and free-plan limits apply to new activity.

ALL FEES ARE NON-REFUNDABLE. EXCEPT FOR THE MONEY-BACK GUARANTEE BELOW, PRORATED CREDITS TOWARD FUTURE INVOICES FOR SEAT AND PLAN CHANGES, AND THE REFUNDS DESCRIBED IN SECTIONS 3 AND 12, OR WHERE APPLICABLE LAW REQUIRES OTHERWISE, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY REASON, INCLUDING PARTIAL BILLING PERIODS, RENEWALS YOU FORGOT TO CANCEL, UNUSED TIME, FEATURES OR SEATS, DOWNGRADES, CANCELLATIONS, SUSPENSION OR TERMINATION OF YOUR ACCOUNT FOR A BREACH OF THESE TERMS, SERVICE INTERRUPTIONS OR CHANGES, OR THE DELETION OR LOSS OF CONTENT.

Money-back guarantee. If you are not satisfied with a Pro or Team subscription, you may ask for a full refund of the first payment you made for that subscription by writing to support@secretpaste.com within 14 days after that payment. When we issue the refund, the subscription ends immediately and the account or workspace returns to the free plan; nothing you created is deleted because of the refund. The guarantee is available once per person, organization and payment method. It does not apply to renewal payments, to plans bought under an order form, to accounts suspended or terminated for violating these Terms, or where we reasonably believe it is being abused.

Billing disputes and chargebacks. If you think a charge is wrong, you must tell us at support@secretpaste.com within 60 days after the charge so that we can investigate and correct any error. If you dispute with your bank or card issuer a charge that was properly made under these Terms, we may suspend or terminate your account, and you must repay the disputed amount together with any chargeback fees and reasonable collection costs we incur. Nothing in this Section limits any right you have under applicable law to dispute a charge.

Discounts and promotions. Promotional codes, discounts and special pricing are subject to any conditions stated when they are offered, cannot be combined unless we say so, have no cash value, and may be withdrawn if you do not meet or no longer meet their eligibility requirements.

Consumers in Europe and the United Kingdom. If you are a consumer who lives in the European Economic Area, the United Kingdom or Switzerland, you may have a statutory right to withdraw from a purchase within 14 days. The money-back guarantee is offered in addition to that right and does not limit it.

The Service, including its software, code, designs, text, graphics, logos, documentation, and the SecretPaste name and marks, is owned by SecretPaste or its licensors and protected by intellectual property and other laws. Except for the limited rights these Terms expressly grant, you receive no right, title or interest in any of it. You may not use our names, logos or marks without our prior written permission, except to refer accurately to the Service.

Feedback. If you send us suggestions, ideas, bug reports or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable and transferable license to use, copy, modify, disclose and exploit it for any purpose, without any obligation or compensation to you.

Usage data. We may collect data about how the Service is operated and used, and we may create de-identified or aggregated data that does not identify you and does not include the content of any secret. We own that data and may use it for any lawful purpose, including to operate, secure, analyze and improve the Service.

We respond to notices of claimed copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. section 512. Send notices to our designated copyright agent at dmca@secretpaste.com. More detail is on our DMCA page. A notice must include:

• a physical or electronic signature of the copyright owner or a person authorized to act for the owner;
• identification of the copyrighted work claimed to be infringed;
• identification of the material claimed to be infringing, including the complete link or the link identifier;
• information reasonably sufficient for us to contact you, such as your name, postal address and email address;
• a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law; and
• a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Because we cannot read content encrypted on the sender's device, we act on a valid notice by disabling the link and destroying the encrypted content we hold. Destroyed content cannot be restored, including after a counter-notice. A user whose material was disabled may send a counter-notice that meets the requirements of 17 U.S.C. section 512(g)(3), and we will handle it as that section provides.

In appropriate circumstances, we terminate the accounts of users who are repeat infringers. Anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages under 17 U.S.C. section 512(f).

You may stop using the Service at any time. To close your account, cancel any subscription and write to support@secretpaste.com from the email address associated with the account. Closing an account does not entitle you to a refund.

We may suspend, limit or terminate your access to all or part of the Service, disable any link, destroy any Content, or close your account or workspace, at any time, with or without notice, if: you breach or we reasonably suspect that you have breached these Terms; we are required to do so by law or by a court, regulator or law enforcement authority; your use creates security, legal, financial or reputational risk for SecretPaste, our service providers, our users or anyone else; a payment is overdue or disputed; your free account has not been used for an extended period; or we discontinue the Service. We may also terminate a free account for any reason or no reason. If we terminate a paid subscription for our convenience and for none of the reasons listed above, we will refund the fees you prepaid for the unused part of the current billing period, and that refund is your sole remedy.

When your access ends, your right to use the Service ends immediately, links you created may stop working, and we may delete your account and Content as described in the Privacy Policy. We have no obligation to keep, return or export any Content after termination. Any unpaid fees become due immediately.

THE SERVICE, ALL SOFTWARE, AND ALL CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SECRETPASTE AND ITS AFFILIATES, AND ITS AND THEIR OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS (TOGETHER, THE "SECRETPASTE PARTIES") DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT.

WITHOUT LIMITING THE PARAGRAPH ABOVE, THE SECRETPASTE PARTIES DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY ENCRYPTION, DESTRUCTION, EXPIRY, VIEW LIMIT, PASSPHRASE, VERIFICATION, RECEIPT, NOTIFICATION OR OTHER SECURITY OR PRIVACY FEATURE WILL OPERATE AS INTENDED OR WILL PREVENT UNAUTHORIZED ACCESS TO, OR INTERCEPTION, DISCLOSURE, COPYING OR RETENTION OF, ANY CONTENT; (C) ANY CONTENT WILL BE DELIVERED, STORED, DESTROYED OR RECOVERABLE; (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR SATISFY ANY LEGAL, REGULATORY, CONTRACTUAL OR COMPLIANCE OBLIGATION; OR (E) THE SERVICE, OR ANY FILE SHARED THROUGH IT, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO METHOD OF ELECTRONIC TRANSMISSION OR STORAGE IS COMPLETELY SECURE. YOU USE THE SERVICE, AND SHARE AND OPEN CONTENT, ENTIRELY AT YOUR OWN RISK.

No advice or information, whether oral or written, obtained from us or through the Service creates any warranty that these Terms do not expressly state. Some jurisdictions do not allow certain warranties to be disclaimed. Where that is the case, those warranties are limited to the narrowest scope and shortest duration that the law permits.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY SECRETPASTE PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, ANY LOSS, CORRUPTION OR DESTRUCTION OF DATA OR CONTENT, ANY UNAUTHORIZED ACCESS TO, OR DISCLOSURE, INTERCEPTION OR USE OF, DATA OR CONTENT, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, INCLUDING NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT) OF ANY SECRETPASTE PARTY, AND EVEN IF A SECRETPASTE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL SECRETPASTE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY LEGAL THEORY AND INCLUDING NEGLIGENCE, WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU ACTUALLY PAID TO SECRETPASTE FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT THAT GAVE RISE TO THE FIRST CLAIM, AND (B) FIFTY UNITED STATES DOLLARS (US$50). MULTIPLE CLAIMS DO NOT ENLARGE THIS LIMIT.

THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY ARE A REASONABLE ALLOCATION OF RISK BETWEEN YOU AND SECRETPASTE, THEY ARE REFLECTED IN OUR FEES AND IN OUR ABILITY TO OFFER A FREE SERVICE, AND THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, such as liability for fraud, or for gross negligence or willful misconduct where the law does not allow that liability to be limited. In those cases, our liability is excluded or limited to the fullest extent the law permits.

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE SECRETPASTE PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS, INVESTIGATIONS, LIABILITIES, DAMAGES, LOSSES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR RELATING TO: (A) YOUR CONTENT, OR ANY CONTENT SHARED THROUGH YOUR ACCOUNT, YOUR API KEYS OR ANY LINK YOU CREATED; (B) YOUR ACCESS TO, USE OF OR MISUSE OF THE SERVICE; (C) YOUR BREACH OF THESE TERMS OR OF ANY REPRESENTATION OR WARRANTY YOU MAKE IN THEM; (D) YOUR VIOLATION OF ANY LAW OR OF ANY RIGHT OF ANY PERSON, INCLUDING ANY INTELLECTUAL PROPERTY, PRIVACY OR CONFIDENTIALITY RIGHT; OR (E) ANY DISPUTE BETWEEN YOU AND A RECIPIENT, A WORKSPACE MEMBER OR ANY OTHER THIRD PARTY. THIS OBLIGATION APPLIES EVEN IF THE CLAIM OR LOSS WAS CAUSED IN PART BY THE NEGLIGENCE OF A SECRETPASTE PARTY, BUT NOT TO THE EXTENT A FINAL DECISION OF A COURT OR ARBITRATOR DETERMINES THAT IT WAS CAUSED SOLELY BY THAT SECRETPASTE PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

We may assume the exclusive defense and control of any matter for which you must indemnify us, at your expense, and you will cooperate fully with our defense. You must not settle any matter that affects a SecretPaste Party without our prior written consent.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE SECRETPASTE PARTIES FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER, RECIPIENT OR THIRD PARTY, OR TO ANY CONTENT SHARED BY ANYONE OTHER THAN SECRETPASTE, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF A SECRETPASTE PARTY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU ALSO WAIVE ANY SIMILAR LAW OF ANY OTHER JURISDICTION.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND SECRETPASTE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, LIMITS THE REMEDIES AVAILABLE, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR TAKE PART IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED BELOW.

Scope. You and SecretPaste agree that any dispute, claim or controversy arising out of or relating in any way to these Terms, the Privacy Policy, the Service, any Content, any communication between us, or any purchase, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before or after you accepted these Terms (a "Dispute"), will be resolved by binding individual arbitration, except as this Section provides. In this Section, "SecretPaste" includes every SecretPaste Party.

Informal resolution first. Before starting an arbitration or a small claims action, the party with the Dispute must send the other party a written notice that describes the Dispute and the relief sought, and that includes the sender's name, the email address associated with any account, and the sender's personal signature, even if the sender is represented by a lawyer. Notices to SecretPaste must be sent to legal@secretpaste.com with the subject line "Notice of Dispute." Notices to you will be sent to the email address associated with your account, if any. For 60 days after the notice is received, the parties will try in good faith to resolve the Dispute, including through an individual video conference if either party asks for one. Applicable limitation periods and filing-fee deadlines are tolled during that period. A party may not start an arbitration until this process is complete, and an arbitration started without completing it may be dismissed.

Exceptions. Either party may (a) bring an individual claim in a small claims court, or in Texas a justice court, that has jurisdiction, for as long as the claim stays in that court and proceeds on an individual basis; and (b) bring an action in court for injunctive or other equitable relief to stop the actual or threatened infringement, misappropriation or violation of its intellectual property rights. SecretPaste may also seek injunctive relief in court to stop unauthorized access to the Service or a violation of Section 6.

Administrator and rules. The American Arbitration Association (the "AAA") will administer the arbitration under its Consumer Arbitration Rules if you are an individual using the Service primarily for personal, family or household purposes, and otherwise under its Commercial Arbitration Rules, in each case as modified by this Section and, where they apply, together with its Mass Arbitration Supplementary Rules. The rules are available at adr.org. If the AAA cannot or will not administer the arbitration, the parties will agree on a substitute administrator, or a court will appoint one under 9 U.S.C. section 5.

Arbitrator, seat and hearings. A single arbitrator will decide the Dispute. The seat of arbitration is Dallas, Texas. Unless the parties agree otherwise, any hearing will take place by video conference or in Dallas County, Texas, except that if the applicable AAA rules entitle you to an in-person hearing nearer to where you live, that right will be honored. For Disputes involving US$25,000 or less, the arbitrator will decide the Dispute on written submissions unless a party asks for a hearing or the arbitrator decides that one is necessary.

Authority of the arbitrator. The arbitrator has exclusive authority to resolve every Dispute, including any dispute about the formation, existence, scope, interpretation, applicability or enforceability of this arbitration agreement, except that a court has exclusive authority to decide whether the class, collective and representative action waiver below is enforceable and whether a claim falls within the exceptions above. The arbitrator must follow these Terms, including the limitations of liability, and may award any individual relief that a court could award under applicable law, but only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. The arbitrator will issue a reasoned written decision if either party asks for one. The award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

Fees. Filing, administration and arbitrator fees are allocated as the applicable AAA rules provide. If you are an individual and you show that those fees would be prohibitive compared with the cost of litigating in court, SecretPaste will pay as much of them as the arbitrator decides is necessary to prevent the arbitration from being cost-prohibitive. Each party bears its own attorneys' fees and costs, except where applicable law allows the arbitrator to award them, or where the arbitrator finds that a claim, defense or demand was frivolous or brought for an improper purpose under the standard of Federal Rule of Civil Procedure 11(b), in which case the arbitrator may award fees and costs to the other party.

Confidentiality. The arbitration, including all filings, evidence, hearings and awards, is confidential, except as needed to enforce or challenge an award, as required by law, or to the extent the information is already public.

CLASS, COLLECTIVE AND REPRESENTATIVE ACTION WAIVER AND JURY TRIAL WAIVER. YOU AND SECRETPASTE MAY BRING DISPUTES AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, EXCEPT AS THE MASS FILINGS PARAGRAPH BELOW ALLOWS FOR ADMINISTRATION, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. YOU AND SECRETPASTE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE, INCLUDING ANY DISPUTE THAT PROCEEDS IN COURT.

Mass filings. If 25 or more demands for arbitration raising similar Disputes are filed against SecretPaste by, or with the assistance of, the same or coordinated counsel or organizations, the AAA Mass Arbitration Supplementary Rules apply and the demands may be administered in batches as those rules and the process arbitrator allow. Each demand must satisfy the informal resolution requirement above. Limitation periods are tolled for every demand while it awaits administration.

Public injunctive relief. If a claim seeks public injunctive relief, and a court finally decides that applicable law does not allow that relief to be waived or arbitrated, that claim will be severed, stayed until every arbitrable claim has been decided, and then decided by a court in the venue described in Section 18.

Severability. If the class, collective and representative action waiver above is found unenforceable for any Dispute, that Dispute, and only that Dispute, must be severed and decided by a court in the venue described in Section 18, and it may not be arbitrated on a class, collective or representative basis. If any other part of this Section is found unenforceable, the remainder of this Section stays in effect.

Your 30-day right to opt out. You may opt out of this arbitration agreement by sending an email to legal@secretpaste.com within 30 days after you first accept these Terms, from the email address associated with your account if you have one, with the subject line "Arbitration Opt-Out," your full name, the email address associated with your account, and a clear statement that you opt out of arbitration. An opt-out applies only to the person who sends it, does not affect any other part of these Terms, including Section 18, and does not affect any other arbitration agreement between you and us.

Changes to this Section. Despite Section 20, if we change this Section after you have accepted it, the change will not apply to any Dispute of which either party had actual notice before the change took effect, and it will not apply to you until 30 days after we notify you of it. You may reject the change by emailing legal@secretpaste.com within those 30 days, in which case this Section as you last accepted it continues to govern Disputes between you and SecretPaste.

Federal Arbitration Act. These Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. section 1 and following, governs the interpretation and enforcement of this arbitration agreement, despite Section 18. The arbitrator will otherwise apply the substantive law described in Section 18.

Consumers in Europe and the United Kingdom. This Section does not apply to you if you are a consumer who lives in the European Economic Area, the United Kingdom or Switzerland. You may bring proceedings in the courts of the country where you live.

These Terms, and every Dispute, are governed by the laws of the State of Texas and by applicable United States federal law, without regard to any choice-of-law or conflict-of-laws rule that would cause the laws of another jurisdiction to apply. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

Except for Disputes that must be arbitrated under Section 17, every Dispute must be brought exclusively in the state courts located in Dallas County, Texas, or in the United States District Court for the Northern District of Texas, Dallas Division. You and SecretPaste each consent to the personal jurisdiction of those courts and waive any objection to venue there, including any objection based on inconvenient forum. SecretPaste may also seek injunctive relief in any court of competent jurisdiction.

If you are a consumer who lives in the European Economic Area, the United Kingdom or Switzerland, this choice of law does not deprive you of the protection of any mandatory provision of the law of the country where you live.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU HAVE MUST BE STARTED, IN ARBITRATION OR IN A COURT PERMITTED BY THESE TERMS, WITHIN TWO (2) YEARS AFTER THE CLAIM ACCRUES. OTHERWISE, IT IS PERMANENTLY BARRED.

We may change these Terms from time to time. When we make a material change, we will notify you at least 15 days before it takes effect, by email to the address associated with your account, by a notice in the Service, or both, and we will update the version date at the top of this page. Changes that are not material, such as clarifications, or changes required by law or relating to new features, may take effect when we post them. We may require signed-in users to accept updated Terms before continuing to use their accounts, and we keep a record of the version each account accepted.

Changes apply only going forward. They do not apply to any Dispute of which either party had actual notice before the change took effect, and Section 17 governs any change to the arbitration agreement. If you do not agree to a change, you must stop using the Service, and cancel any subscription, before the change takes effect. If you continue to use the Service after a change takes effect, you accept the changed Terms.

You consent to receive agreements, notices, disclosures, receipts and other communications from us electronically, by email or through the Service, and you agree that they satisfy any legal requirement that a communication be in writing. Notices to you are effective when sent to the email address associated with your account or posted in the Service, whether or not you read them. You are responsible for keeping that email address current and able to receive our messages.

Legal notices to SecretPaste must be sent to legal@secretpaste.com and are effective when received. We send service, security, billing and legal messages for as long as you have an account; you cannot opt out of them. You may opt out of marketing messages at any time using the link in each one.

Entire agreement. These Terms, together with the Privacy Policy and any Supplemental Terms, are the entire agreement between you and SecretPaste about the Service, and they supersede every prior or contemporaneous agreement, proposal and communication about it. Terms in any purchase order or other document you provide have no effect.

Severability. Except as Section 17 provides otherwise, if any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and modified only as much as necessary to make it enforceable, and the remaining provisions stay in full force and effect.

No waiver. Our failure or delay in enforcing any right or provision of these Terms is not a waiver of it. A waiver is effective only if it is in writing and signed by us.

Assignment. You may not assign, delegate or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, without your consent and without notice, including in connection with a merger, acquisition, reorganization, financing, or sale of all or part of our business or assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Events beyond our control. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, sanctions, failures or outages of the internet, hosting, cloud, power, email or telecommunications providers, cyberattacks and denial-of-service attacks.

Relationship. You and SecretPaste are independent contractors. These Terms do not create any partnership, joint venture, employment, agency, fiduciary or franchise relationship.

Third-party beneficiaries. The SecretPaste Parties are intended third-party beneficiaries of Sections 13 through 17 and may enforce them. There are no other third-party beneficiaries of these Terms.

Interpretation. Headings are for convenience only. "Including" and similar words mean "including without limitation." The plain-language summary at the top of this page is not part of these Terms. These Terms will not be construed against either party because that party drafted them. If these Terms are translated, the English version controls.

United States government users. The Service and its software are "commercial products," "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. 2.101, 12.212 and 227.7202. Government users acquire only the rights described in these Terms.

Survival. Every provision of these Terms that by its nature should survive termination survives it, including Sections 5 (to the extent of the license described there), 9 (for amounts owed), 10, 11, and 13 through 22.

SecretPaste is a Texas company based in Dallas, Texas. Questions about these Terms, and legal notices, go to legal@secretpaste.com. For help with the Service, use our contact page.

• Security vulnerabilities: security@secretpaste.com
• Abuse reports: abuse@secretpaste.com
• Copyright notices: dmca@secretpaste.com
• Privacy requests: privacy@secretpaste.com