To enable easy reading of this document, we have separated the text into a left column, with the binding text in ‘legal speak’, and a right column, with the non-binding text in simple speak. We hope this helps you to get a good understanding of what we offer you, what you can expect from us and what we expect from you.
Acceptance of the Terms and Definitions
Chotmai provides its Service “AS-IS”, without warranty of any kind. Without limiting the foregoing, Chotmai explicitly disclaims any warranties of merchantability, fitness for a particular purpose and noninfringement. Chotmai makes no warranty that the Service is available on an uninterrupted, secure or error free basis. Your use of the Service is at Your own risk. You acknowledge and agree that Chotmai is not responsible for any damages to Your computer system or the computer system of any third party that result from use of the Service.
Chotmai provides You with the infrastructure and facilities to send up to 5 gigabytes of data, or an unlimited number of digital files (“File” or “Files”) not to exceed a combined size of 5 gigabytes, to others and/or themselves over the internet via our Website. Our basic Service is completely free from registration and charge thanks to the full-page wallpaper ads from our selected advertisers on the background of the Website. Special features and functionalities are available at a charge, such as Chotmai Plus.
Chotmai transfers all kinds of Files. All File transfers between You and the designated recipient(s) (“Recipient” or “Recipients”) are treated confidentially. Chotmai does not check or open the type or content of Files being sent, nor does it offer a search function, catalogue or listing to find Files that are available for transfer. Chotmai can however view the names and types of Files that have been sent, but will only access this information if Your (technical) support request necessitated this.
Chotmai handles Your files differently depending on your account details.
For free accounts without registering for a Free Account:
Uploaded Files are stored on Chotmai’s servers for a period of 2 days.
For free accounts where You have registered for an account:
Uploaded Files are stored on Chotmai’s servers for a period of 7 days.
After this period, Files are permanently deleted to make room for new transfers. Each Request to send files can be sent to up to 20 email addresses per transfer, though each email is sent separately to each individual Recipient. When You have successfully uploaded Your preferred Files, both You and the Recipient receive an email with download details.
Paid accounts will have different policies on files retention depending on the account purchased.
Chotmai provides different kinds of notification emails to users of the Service. An email is sent to the email address You have provided as Your email address to confirm successful upload of the Files. This transfer confirmation email contains:
the email addresses of the Recipients;
the name, extension and size of the File;
a direct link to download a copy of the File yourself;
the period in which the File is available for download (as many times as You wish, or destroyed once the receiver downloads the file);
The Recipient will receive a notification email from Chotmai. This email contains:
a download link that leads to the location within the Website where the Recipient can directly and securely download the File;
the email address of the sender;
the name, extension and size of the File;
the period in which the File is available for the Recipient to download.
For free accounts, You will NOT receive an expiry reminder before the transfer expires or is close to being deleted.
You will receive a download confirmation email when a Recipient has successfully downloaded your Files for the first time. This download confirmation email contains:
the email address of the recipient that downloaded Your files;
Chotmai provides the technically necessary facilities to transfer Your File. Chotmai does not claim any ownership of the Files You transfer through our Service. You are fully and solely responsible for the Files You wish to transfer through our Service.
By using our Service You acknowledge and agree that Chotmai is not responsible for any failure of the Service to store, transfer or delete a File or for the corruption or loss of any data, information or content contained in a File.
By using our Service You guarantee that You have, for each File, all required permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and make available online and for download as part of our Service.
Ads and links
The advertisements, including photography, graphic design, typography, portraits and logos, as well as trademarks, service marks and trade names are the intellectual property of their rights holders, such as the advertisers and/or third parties. You are not allowed to copy, reproduce, make available online to the public, sell or reuse the advertisements or part of the advertisements in any way without the permission of the rights holder. Chotmai is not responsible or liable for (i) the contents of advertisements, (ii) in-ad links to advertisers or third party websites or (iii) the contents, products or services offered on advertisers or third party websites. You accept that all use outside the Website is at Your own risk.
Chotmai respects Your rights and demands that You respect those of Chotmai, its advertisers and third parties. This includes privacy and intellectual property rights, such as trademarks, service marks, trade names and logos. You are not allowed to use our Service to infringe on any rights, including privacy or intellectual property rights or to promote, enable or facilitate others to infringe on any rights of others.
As a condition to make use of the Service You agree not to transfer any Files that:
feature child pornography;
promote racism, violence or hatred;
are false or misleading;
You don’t have the right to copy and/or transfer;
infringe on intellectual property rights;
violates privacy rights, including data protection rights;
infringe on or violate any applicable law or regulation.
In addition, You agree not to:
impersonate or pretend affiliation with any person or entity;
access any non-public area’s of our Website or Service;
send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
attempt to probe, scan, compromise or test the vulnerability of the Website or Service or any related system or network or breach any security or authentication, unless You do so in accordance with our Responsible Disclosure Policy.
Chotmai reserves the right to investigate and/or remove, without warning, any Files from its servers or block You from accessing the Website or Service, when Chotmai finds, at their own discretion or after receiving substantiated and valid complaints, that You violate these Terms (including the Privacy and/or NTD Policy) or act in violation of any applicable law or regulation. Chotmai reserves the right to disclose Files in so far necessary (i) to defend itself in legal proceedings (ii) to follow a court order, (iii) to abide by any law, regulation or governmental request, (iv) to safeguard national security, defense, public security or public health and v) to uphold our Terms.
Indemnity and Liability
You will defend, indemnify and hold harmless Chotmai, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with Your access to or use of the Service or Your violation of these Terms, including any third party claims that Files submitted to the Service by You infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of Chotmai.com for the intentional and/or deliberate recklessness of Chotmai.com themselves (“their own acts”) and or the management of Chotmai.com.
In no event will Chotmai be liable to You or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Chotmai has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Chotmai.com will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Chotmai.com is liable for damage under mandatory law, Chotmai’s aggregate liability to You for any and all claims arising out of or in connection with the use of the Service will in no event exceed one thousand baht (THB 1,000) per incident.
Controlling Law and Jurisdiction
These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of Thailand. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Bangkok, Thailand, unless stipulated otherwise by international laws. You waive any objection to jurisdiction and venue in the courts of Thailand.
These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between You and Chotmai. These Terms shall apply in preference to and supersede any and all Terms of any use of any kind by You. In the occasion that these Terms shall become partly invalid, You and Chotmai remain bound to the remainder of these Terms.
For questions about these Terms, please contact Chotmai at legal@Chotmai.com. We speak Thai and English.