Terms of Service
1. Scope and applicability
These Terms of Service (“Terms”) govern the use of the DearClient platform (“Service”) provided by DearClient Ltd., Compass House, Bunwell Road, NR17 2NZ Besthorpe, United Kingdom (“DearClient”, “we”, “us”). By using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms, you must refrain from using the Service.
2. Description of service
The Service enables registered users (“Users”) to upload and send digital files to recipients (“Clients”) in exchange for a payment determined by the User. Clients may access and download the files only after completing payment. Transfers are valid for up to 30 days or until downloaded, whichever occurs first. Files are then permanently deleted. Clients are not required to register an account to access Transfers.
3. Eligibility and registration
3.1. Users must be at least 18 years of age and have full legal capacity to enter into binding contracts.
3.2. To use the Service, Users must create an account and verify their email address. The following information is required during registration and onboarding:
- Full name, email address, date of birth, nationality
- Business address and VAT number (if applicable)
- Bank account information
3.3. Users are required to complete onboarding with Stripe Connect to enable payments. Stripe’s terms of use and privacy policy apply.
4. Fees and payments
4.1. Account registration is free of charge. The Service is financed by a fixed fee of five percent (5%) of the amount paid by the Client for each Transfer. This fee is retained by DearClient and includes all processing and platform costs.
4.2. DearClient acts as a facilitator of the payment and is not a party to any agreement between User and Client beyond the operation of the Service.
4.3. Payments are processed by Stripe Inc. Users are subject to Stripe’s terms and conditions when using their services. DearClient does not store card or payment credentials.
5. Transfers
5.1. Users may upload digital files and create a Transfer, which can then be sent to a Client.
5.2. A Transfer cannot be sent until the User’s account has been verified and all required information has been submitted and accepted by Stripe.
5.3. Transfers are deleted automatically 30 days after dispatch or upon download, whichever occurs first. Transfers cannot be edited or cancelled once sent.
5.4. Clients acknowledge that DearClient only facilitates the technical transfer of files and does not verify the content, quality, or delivery obligations of the User. Any issues regarding file content, misdelivery or refund claims must be resolved directly between User and Client. DearClient assumes no liability for disputes between Users and Clients.
6. Acceptable use
6.1. Users shall not use the Service to upload, transmit or distribute content that is unlawful, harmful, offensive, defamatory, infringing, or otherwise prohibited under applicable laws or Stripe’s Acceptable Use Policy.
6.2. Users are responsible for ensuring they have the rights to all content uploaded and distributed via the Service. DearClient does not claim ownership of content uploaded by Users.
6.3. DearClient reserves the right to suspend or terminate access to the Service for any breach of these Terms, including but not limited to the uploading of prohibited content.
6.4. DearClient is not responsible for any content uploaded, sent or made available through the Service by Users. We do not currently monitor or review content, and we accept no liability for any damage, offence or harm arising from such content. Users are solely liable for all materials they upload and distribute via the platform.
7. Data protection
7.1. Personal data is processed in accordance with the UK GDPR, the EU General Data Protection Regulation (GDPR), and the German Federal Data Protection Act (BDSG), as applicable. Full details are available in our Privacy Policy. Details on the specific types of data processed, the purposes of processing, and international data transfers (including to the USA) are set out in our Privacy Policy.
7.2. DearClient uses Raidboxes GmbH (Germany) for hosting and Stripe Inc. (USA) for payment processing. Standard Contractual Clauses and Data Processing Agreements are in place with all subprocessors.
7.3. Files within Transfers are deleted automatically after 30 days. Personal and financial data is retained only as long as necessary to fulfil contractual, tax or legal obligations (e.g., up to 7 years for financial records).
7.4. In the event of a data breach, DearClient will notify the relevant supervisory authority and affected individuals without undue delay and within 72 hours, where required.
8. Rights of data subjects
8.1. Individuals have the right to access, rectify, delete, restrict, or port their personal data. These rights may be exercised by contacting support@dearclient.app.
8.2. Requests will be processed within 1 month of receipt in accordance with applicable law.
8.3. Individuals also have the right to lodge a complaint with a supervisory authority in their country of residence or where an alleged breach occurred.
9. Intellectual property
9.1. Users retain all rights to their uploaded content. By using the Service, Users grant DearClient a non-exclusive, revocable, royalty-free licence to store, process, and transmit content as necessary to provide the Service.
9.2. DearClient retains all rights to the software, branding, and design of the Service. Users may not copy, modify, reverse engineer, or distribute the platform or any part thereof without written consent.
9.3. DearClient does not acquire or transfer any intellectual property rights to Clients regarding downloaded content. All rights and licences must be clarified between User and Client. Clients are responsible for ensuring they have the right to use the content they download.
10. Limitation of liability
10.1. DearClient provides the Service “as is” and does not guarantee uninterrupted or error-free availability.
10.2. While we strive to provide continuous access to the Service, we do not guarantee availability or uptime. Temporary interruptions may occur due to maintenance, technical issues or other operational reasons. We will make reasonable efforts to notify Users of planned downtimes.
10.3. Nothing in these Terms shall limit liability for death or personal injury caused by negligence, fraud, or gross negligence.
10.4. Subject to the foregoing, DearClient shall not be liable for indirect, incidental, consequential or economic losses, including loss of data or profit, arising from the use or inability to use the Service.
11. Suspension and termination
11.1. Users may terminate their account at any time by contacting support@dearclient.app. Account data will be deleted in accordance with our retention policy, unless otherwise required by law.
11.2. DearClient may suspend or terminate access to the Service in the event of breach of these Terms, legal obligation, or operational necessity.
12. Amendments
12.1. We may amend these Terms to reflect legal, technical or commercial changes. We will provide reasonable notice of material changes via email or platform notification.
12.2. Continued use of the Service after the effective date of amended Terms constitutes acceptance of those Terms.
13. Governing law and jurisdiction
These Terms are governed by and shall be construed in accordance with the laws of England and Wales. The courts of England shall have exclusive jurisdiction to settle any disputes arising under or in connection with these Terms. This does not affect any statutory rights available to consumers under the laws of their country of residence.
This choice of law does not affect any mandatory consumer protection rights granted under the laws of the country in which you reside.