bigfile.ch Terms of Use
The present Terms of Use of bigfile constitute the agreement for using the user’s free cloud file-sharing service provided by bigfile.ch (hereinafter referred to as "bigfile" or "bigfile.ch").
By continuing to use this service, the user agrees to the present Terms of Use.
bigfile provides users with a web-based infrastructure through the website www.bigfile.ch for transferring large files. To do this, a file is uploaded, and the option to send via email or link is selected. Once the upload is complete, an email with the link is forwarded to the recipient based on the selected option, or a link is provided to the sender. This link points to the file and can now be sent to the recipient, for example, via email. The recipient can then download the corresponding file using the link. The use of bigfile.ch is free for both senders and recipients.
To ensure the legal framework for this service, bigfile.ch applies certain restrictions:
The file is transmitted using contemporary standards (HTTPS) and end-to-end encrypted according to FIPS-140-2. Once the file is completely uploaded to the server, it can only be accessed via the uniquely generated link. Similar to a password, only individuals who have this link can download the corresponding file. The file is not indexed by search engines and is not referenced on any other page.
The servers of bigfile.ch are located in Switzerland and Germany and are operated by bigfile from Switzerland. As long as all involved parties access the service via a European connection, the file does not leave the European data network.
bigfile adheres to data protection regulations. If bigfile engages third parties for this service, it ensures that the third party also complies with data protection regulations. For legal traceability, bigfile.ch reserves the right to store certain connection data that arise in connection with the use of the service.
This service exclusively enables the transmission of large files. It does not provide any search function or any lists. bigfile does not monitor the content unless mandated by authorities or access to the content is regulated in these Terms of Use.
bigfile.ch does not claim ownership of the files uploaded by the user to the bigfile.ch platform and will not alter or use them. The user is fully responsible for the files and their content. By using this service, the user guarantees that they have the necessary rights (especially intellectual property rights) for storing and making each uploaded file accessible.
By using the service, the user agrees to use it only within the legally permissible framework and in accordance with good morals, and to respect the prohibitions in the countries where the respective recipients of the download links are located.
The following actions are particularly prohibited:
In the event of any abuse of this service, bigfile reserves the right to:
bigfile provides this service "as is" without any warranty of any kind. In particular, bigfile.ch does not guarantee uninterrupted or error-free operation of the service and is not liable for any data loss. The user uses the service at their own risk. Additionally, bigfile does not review the content, and the user who receives inadmissible content via a download link also uses the service at their own risk.
bigfile.ch assumes no liability and responsibility for content exchanged via www.bigfile.ch.
The user indemnifies bigfile.ch from any third-party claims arising from the use of the service.
Except for bigfile's responsibility for its own actions, bigfile is only liable to the user for damages resulting from gross negligence or intent. However, this does not apply to damages for which bigfile has not provided a warranty.
bigfile.ch has the right to adjust the Terms of Use from time to time. The adjusted version will be dated accordingly and is always available on the website. By continuing to use the service, the user agrees to the currently applicable version.
bigfile.ch has the right to change or terminate this service at any time without compensation.
All rights and obligations in connection with these Terms of Use are exclusively subject to Swiss law. The exclusive place of jurisdiction is St. Gallen, except for mandatory jurisdictions.
Anyone who wishes to claim that content infringes their rights can report this to bigfile via the following email address: info@bigfile.ch
A notice must contain at least the following information both materially and formally: (a) name and address of the sender; (b) justification of the sender’s particular interest (excluding official offenses); (c) URL of the complained page or subpage; (d) exact description of the alleged inadmissible content; (e) justification of the inadmissibility of the content.
bigfile.ch has the right to remove obviously illegal content on its own; bigfile may also review uploaded content through random checks (see Section 7.1 Code of Conduct simsa). However, bigfile is not obliged to actively monitor the transferred files.
bigfile.ch is entitled to charge the customer for the effort incurred in processing a notice. For any further damage that bigfile.ch may suffer due to the claimed claims, the customer is liable to bigfile. bigfile.ch may require the customer to provide a security deposit to cover this damage in advance. If this security deposit is not paid, bigfile.ch can terminate the service.
October 2024