Terms of Service & Privacy Policy

GDPR/DSGVO Compliant | Effective Date: December 5, 2024

Welcome to SUBDOMAIN.05050101.xyz ("Service", "we", "us", "our"). These Terms of Service ("Terms") and Privacy Policy govern your use of our file sharing, URL shortening, and email forwarding services. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

§1 Service Provider & Contact Information

Service Provider: Maxvel (Private Individual)
Location: Germany
Email: [email protected]
Data Protection Officer: [email protected]

This service is operated as a private, non-commercial project. We comply with German law (DSGVO, TMG, GDPR).

§2 Scope and Acceptance

These Terms apply to all users of SUBDOMAIN.05050101.xyz services including but not limited to file uploads, URL shortening, email forwarding, and user accounts. By creating an account, uploading files, or using any feature, you explicitly accept these Terms.

We reserve the right to modify these Terms at any time. Continued use after changes constitutes acceptance. Material changes will be communicated via email to registered users.

§3 Eligibility and Account Registration

You must be at least 16 years old to use this Service, in compliance with GDPR Art. 8. Users under 16 require parental consent. By using the Service, you confirm you meet this requirement.

Account registration requires a valid email address and username. You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorized access to your account.

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion, especially in cases of Terms violations.

§4 Permitted Use

You may use SUBDOMAIN.05050101.xyz only for lawful purposes and in accordance with these Terms. You are fully responsible for all activity under your account and all content you upload, share, or transmit.

Permitted uses include:

• Personal file storage and sharing (within size limits)
• Creating shortened URLs for legitimate purposes
• Using email forwarding for personal communication
• Sharing publicly available, legal content

§5 Prohibited Use

You expressly agree NOT to use the Service for:

• Uploading, sharing, or distributing illegal content including but not limited to: child sexual abuse material (CSAM), content promoting terrorism, hate speech, extreme violence, or content that violates German criminal law (StGB)
• Copyright infringement or piracy of protected works
• Uploading malware, viruses, trojans, ransomware, or other malicious code
• NSFW, pornographic, or adult content of any kind
• Phishing, fraud, scams, or impersonation
• Harassment, stalking, doxxing, or invasions of privacy
• Spam, unsolicited bulk emails, or email bombing
• Collecting or storing personal data about others without proper consent (GDPR violation)
• Automated scraping, mass uploads, or DDoS attacks
• Selling, reselling, renting, or commercializing access to the Service or your account
• Bypassing usage limits, rate limits, or security measures
• Using the Service to host content for commercial websites without permission
• Sharing content that violates youth protection laws (JuSchG)

Violation of these prohibited uses may result in immediate account termination, content removal, and reporting to law enforcement authorities where required by law.

§6 File Upload Limits and Restrictions

File uploads are subject to the following limitations:

• Maximum file size: 4.5 MB per file
• Maximum total storage per user: Reasonable use limits apply. Excessive usage may be restricted.
• File retention: Files may be automatically deleted after periods of inactivity or at our discretion to manage server resources.
• Allowed file types: Images, videos, audio, documents, archives, and code files. Executable files (.exe, .bat, .sh, etc.) are displayed with warnings.

We reserve the right to scan uploaded files for malware using third-party services (VirusTotal). Files detected as malicious will be automatically removed.

§7 Content Ownership and License

You retain full ownership of all content you upload to the Service. By uploading content, you grant us a non-exclusive, worldwide, royalty-free, transferable license to:

• Store, process, and display your content to provide the Service
• Create derivative works (e.g., thumbnails, optimized versions) for technical purposes
• Distribute your content via CDN for performance optimization

This license terminates when you delete your content, subject to reasonable technical delays (up to 90 days). Cached or backup copies may persist temporarily.

You represent and warrant that you have all necessary rights, licenses, and permissions to upload and share your content, and that your content does not violate any third-party rights (copyright, trademark, privacy, etc.).

§8 Account Termination and Content Removal

We reserve the right to, at any time and for any reason:

• Suspend or permanently terminate your account
• Remove, delete, or block access to any content
• Restrict or limit Service features
• Ban IP addresses or devices

Reasons for termination include but are not limited to: violation of these Terms, illegal activity, abuse reports, excessive resource usage, or inactivity.

Upon termination, your access to the Service and all content will be revoked. We are not obligated to provide data exports or refunds.

§9 Privacy & Data Protection (GDPR/DSGVO Compliance)

We are committed to protecting your privacy in accordance with the General Data Protection Regulation (GDPR/DSGVO). This section explains what personal data we collect, why we collect it, how we use it, and your rights.

9.1 Legal Basis for Data Processing

We process personal data based on the following legal grounds (GDPR Art. 6):

• Consent (Art. 6(1)(a)): When you create an account or use optional features
• Contract Performance (Art. 6(1)(b)): To provide the Service you requested
• Legal Obligation (Art. 6(1)(c)): To comply with German law (TMG, StGB, NetzDG)
• Legitimate Interest (Art. 6(1)(f)): To prevent abuse, ensure security, and improve the Service

9.2 Data Controller

Data Controller: Maxvel, Germany
Contact: [email protected]

9.3 Data We Collect

We collect only the minimum data necessary to operate the Service. Below is a comprehensive list:

📧 Registration & Account Data

• Email address (for authentication, communication, account recovery)
• Username (publicly visible, chosen by you)
• Account creation date
• IP address (hashed with HMAC) (to prevent duplicate accounts, abuse detection)
• Authentication token (for session management)

Retention: Until account deletion or 2 years of inactivity.

🔐 Authentication & Login Data

• Login timestamps (for security, session management)
• IP address (hashed) (for abuse prevention, security)

Retention: 90 days after last login.

📁 File Upload Data

• Uploaded file content (the actual file)
• SHA256 file hash (for deduplication, integrity checks)
• Upload date and time
• Original filename
• File size
• MIME type
• User-Agent (browser/device info for debugging)
• Uploader user ID (linked to your account)
• Short ID (unique identifier for the file URL)

Retention: Until user deletion or up to 90 days after deletion request (technical cleanup period). Inactive files may be removed automatically.

🔗 URL Shortening Data

• Original (long) URL
• Short code (randomly generated)
• Creation date
• Click count (aggregated, not per-user)
• Hashed IP address of clicker (for unique visitor counting, abuse prevention)

Retention: Indefinitely unless deleted by creator or flagged for abuse.

📧 Email Forwarding Data

• Sender email address
• Recipient email address or username
• Email subject line
• Email body (full content)
• Email headers (metadata)
• Received date and time

Retention: 30 days after receipt, then automatically deleted to minimize storage and protect privacy.

🚨 Abuse Reports Data

• Reported file/URL ID
• Reporter email address
• Hashed IP address
• Report date and time
• Reason for report (user description)

Retention: 1 year for legal and abuse prevention purposes.

🤖 Discord Integration Data

If you authenticate via Discord OAuth:

• Discord User ID (unique identifier)
• Discord username
• Discord avatar URL
• Discord email address (if provided by Discord)

Retention: Until account deletion or 2 years of inactivity.

📊 Technical & Server Logs

• IP addresses (hashed or anonymized where possible)
• Request timestamps
• HTTP headers (User-Agent, Referer)
• Error logs (for debugging and security)

Retention: 30 days, then automatically deleted.

9.4 Third-Party Services & Data Processors

We use the following third-party services that may process your data:

• Vercel: Hosting provider (USA) – Privacy Policy
• Firebase (Google): Database and authentication (USA/EU) – Privacy Policy
• Cloudflare: DDoS protection, caching (Global) – Privacy Policy
• VirusTotal (Google): Malware scanning (USA) – Privacy Policy
• Discord API: OAuth authentication (USA) – Privacy Policy
• SMTP Email Provider: Email delivery service

These services may transfer data to countries outside the EU/EEA. We ensure appropriate safeguards (Standard Contractual Clauses, adequacy decisions) are in place.

9.5 Cookies and Tracking

We use minimal cookies and local storage for essential functionality:

• Authentication tokens: To keep you logged in (session cookies)
• User preferences: To remember your settings (local storage)

We do not use third-party advertising cookies or tracking pixels. Cloudflare may set cookies for security purposes.

9.6 Your Rights (GDPR Art. 12-22)

Under GDPR, you have the following rights regarding your personal data:

• Right of Access (Art. 15): Request a copy of all data we hold about you
• Right to Rectification (Art. 16): Correct inaccurate or incomplete data
• Right to Erasure / "Right to be Forgotten" (Art. 17): Request deletion of your data (with exceptions for legal obligations)
• Right to Restriction of Processing (Art. 18): Limit how we use your data
• Right to Data Portability (Art. 20): Receive your data in a structured, machine-readable format
• Right to Object (Art. 21): Object to processing based on legitimate interests
• Right to Withdraw Consent (Art. 7(3)): Withdraw consent at any time (where processing is based on consent)
• Right to Lodge a Complaint (Art. 77): File a complaint with a data protection authority

To exercise any of these rights, contact us at [email protected]. We will respond within 30 days.

9.7 Data Retention and Deletion

We retain personal data only as long as necessary for the purposes outlined in this policy or as required by law. Retention periods:

• Account data: Until deletion or 2 years of inactivity
• Uploaded files: Until user deletion + up to 90 days (technical cleanup)
• Email forwards: 30 days after receipt
• Logs: 30 days
• Abuse reports: 1 year

You can delete your account and associated data at any time by contacting us. Cached copies may persist for up to 90 days due to technical constraints.

9.8 Data Security

We implement industry-standard security measures to protect your data:

• IP addresses hashed with HMAC
• HTTPS/TLS encryption for all data in transit
• Secure authentication tokens
• Regular security audits and updates
• Access controls and monitoring

However, no system is 100% secure. You are responsible for keeping your credentials confidential.

9.9 Children's Privacy

The Service is not intended for children under 16. We do not knowingly collect data from children. If we discover that we have collected data from a child, we will delete it immediately. Parents/guardians should contact us at [email protected].

9.10 International Data Transfers

Your data may be processed in countries outside the EU/EEA (e.g., USA via Vercel, Firebase, VirusTotal). We ensure adequate protection through:

• Standard Contractual Clauses (SCCs) approved by the EU Commission
• Adequacy decisions where applicable
• Compliance with GDPR Chapter V requirements

§10 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Guarantees of uptime, availability, or data preservation
• Warranties that files will be free from malware or viruses
• Warranties that the Service will be uninterrupted or error-free

Files may be lost, corrupted, or deleted at any time due to technical failures, security incidents, or administrative actions. You are solely responsible for maintaining backups of your important data.

We do not guarantee that user-uploaded content is safe, legal, or free from malware. Users access and download files at their own risk.

§11 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAXVEL AND SUBDOMAIN.05050101.XYZ SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from unauthorized access to your account
• Damages caused by third-party content, malware, or viruses
• Service interruptions, downtime, or data loss

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED €50 (FIFTY EUROS) OR THE AMOUNT OF DONATIONS YOU PAID IN THE LAST 12 MONTHS, WHICHEVER IS GREATER.

This limitation applies even if we have been advised of the possibility of such damages. Some jurisdictions do not allow limitations on liability, so the above may not apply to you.

User Responsibility: You are solely responsible for ensuring the legality, safety, and appropriateness of content you upload, share, or access. We are not liable for any harm caused by user-generated content.

§12 Indemnification

You agree to indemnify, defend, and hold harmless Maxvel, SUBDOMAIN.05050101.xyz, and our affiliates, officers, and employees from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Your uploaded content or use of the Service
• Your negligence or willful misconduct

§13 Content Moderation & Reporting

13.1 User Reporting

Users can report files, URLs, or accounts that violate these Terms by:

• Clicking the "⚠️ Report" button on file pages
• Emailing [email protected] with details

Reports should include: file/URL ID, reason for report, and evidence (if applicable).

13.2 Content Review

We will review reports and take appropriate action, which may include:

• Removing or blocking access to content
• Suspending or terminating accounts
• Reporting illegal content to law enforcement (as required by NetzDG, StGB)

We aim to respond to reports within 7 days. However, we are not obligated to review all content proactively.

13.3 Legal Obligations

As a hosting provider under German law (TMG §§7-10), we are not liable for user-generated content unless we have actual knowledge of illegal activity and fail to remove it. We comply with:

• NetzDG (Network Enforcement Act): Reporting and removing illegal content
• StGB (Criminal Code): Prohibiting illegal content (CSAM, hate speech, terrorism, etc.)
• UrhG (Copyright Act): Responding to DMCA/copyright takedown requests
• JuSchG (Youth Protection Act): Preventing access to harmful content for minors

§14 Copyright & DMCA Takedowns

We respect intellectual property rights. If you believe your copyrighted work has been uploaded without permission, send a DMCA takedown notice to [email protected] with:

• Your contact information (name, email, address)
• Description of the copyrighted work
• URL of the infringing content on our Service
• Statement that you have a good faith belief the use is unauthorized
• Statement that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

We will remove or disable access to infringing content promptly. Repeat infringers may have their accounts terminated.

§15 Donations & Payments

The Service may accept voluntary donations to help maintain and improve operations. By donating, you agree:

• All donations are voluntary and non-refundable
• Donations do not grant special privileges, guaranteed uptime, or additional features
• You will not request chargebacks or refunds under any circumstances
• Donations are used solely for server costs, development, and maintenance

We do not store payment card details. Payments are processed by third-party payment processors (PayPal, Stripe, etc.) subject to their terms.

§16 Email Service Terms

16.1 Fair Use

Email forwarding is provided for personal, non-commercial use. You must not:

• Send or receive bulk emails (spam)
• Use the service for commercial email campaigns
• Send emails containing malware, phishing links, or illegal content
• Engage in email bombing or harassment

16.2 Email Monitoring

16.3 Automatic Deletion

Incoming emails are automatically deleted 30 days after receipt to minimize storage and protect privacy. We cannot recover deleted emails.

§17 Automation & API Usage

Automated use of the Service (bots, scripts, scrapers) is prohibited unless explicitly authorized. Approved API usage must:

• Respect rate limits (max 100 requests per hour per IP)
• Include a User-Agent identifying your application
• Not attempt to bypass authentication or security measures
• Not be used for scraping, mass uploads, or abuse

Unauthorized automation may result in IP bans, account termination, and legal action.

§18 Jurisdiction, Governing Law, and Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Any disputes arising from these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the competent courts in Germany.

EU Online Dispute Resolution: The EU provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr/. We are not obligated to participate but will consider reasonable requests.

§19 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

§20 Entire Agreement

These Terms constitute the entire agreement between you and SUBDOMAIN.05050101.xyz regarding the Service and supersede all prior agreements, understandings, or communications.

§21 Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via:

• Email notification to registered users (at least 14 days before effective date)
• Prominent notice on the Service
• Updated "Last Updated" date on this page

Continued use of the Service after changes take effect constitutes acceptance. If you do not agree to the new Terms, you must stop using the Service and may request account deletion.

§22 Contact & Legal Notices

For questions, concerns, data requests, abuse reports, or legal inquiries, contact:

Email: [email protected]
Data Protection Officer: [email protected]
Response Time: We aim to respond within 7 business days (30 days for GDPR requests).

§23 Acknowledgment