Terms of Service for OpenDrop

1. Acceptance of These Terms

   These Terms of Service ("Terms") are a binding legal agreement between you and NFDGames LLC, a South Carolina limited liability company ("NFDGames," "we," "us," or "our"). By downloading, installing, accessing, or using OpenDrop (the "Service"), you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not download, install, or use the Service.

   Important. Section 16 (Dispute Resolution; Arbitration; Class Action Waiver) requires you and NFDGames to resolve most disputes by individual binding arbitration in South Carolina and waives the right to a jury trial or class action, except as described in that section. Please read it carefully.

2. Description of the Service

   OpenDrop is a self-hosted, distributed file access system that helps you transfer and access files between your own devices (for example, between a mobile device and a personal desktop server). OpenDrop may use direct peer-to-peer connections, a secure relay, and authentication services to help your devices discover and connect to each other when they are not on the same network.

   OpenDrop is designed so your files remain on your devices. File contents are end-to-end encrypted in transit on every transfer path, including Wi-Fi / LAN, direct peer-to-peer connections, our own WebSocket relay, and Bluetooth Low Energy (between phones, with OpenDrop Pro), using ChaCha20-Poly1305 IETF AEAD (RFC 8439) with keys derived via HKDF-SHA256 from the secret your devices share when you pair them. Our relay servers carry file contents only in encrypted form, but they can see file names, folder names, file sizes and device names, which they need to route transfers. With OpenDrop Pro, our account service also stores the shared secret so your signed-in devices can connect to each other. The v1.0 app release (mobile and desktop) advertises protocol version 2 of the OpenDrop wire format, which makes end-to-end encryption mandatory: the v1.0 client and server refuse to send or accept unencrypted file bodies. Pre-1.0 clients running protocol version 0 or 1 (which predate end-to-end encryption) must update before they can transfer files. The Service facilitates transfer and access and does not provide general-purpose cloud storage for your files.

   License grant. Subject to your compliance with these Terms, NFDGames grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the OpenDrop applications on devices that you own or control, for your personal or internal business purposes. NFDGames and its licensors reserve all rights not expressly granted to you in these Terms. The Service includes third-party and open-source components licensed under their own terms; a list is available on our Third-Party Notices page.

3. Eligibility

   You must be at least 13 years of age (or, in the European Economic Area, the United Kingdom, and other jurisdictions where the digital age of consent is higher, at least 16 years of age) to use the Service. If you are a minor in your jurisdiction, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By using the Service you represent that you meet these requirements and that you have the legal authority to enter into these Terms.

4. Accounts and Authentication

   • When you need an account. The free tier of OpenDrop works without an account. You need an account to subscribe to and use OpenDrop Pro.
   • Sign-in providers. The Service supports sign-in via Google, Apple, Microsoft, and direct email/password (operated by Firebase Authentication). Your use of a third-party sign-in is also subject to the terms of that provider.
   • Account security. You are responsible for maintaining the confidentiality of your account credentials and the shared secret (HMAC key) used between your devices, and for all activities that occur under your account. Notify us promptly at support@nfdgames.com if you suspect unauthorized access.
   • Account deletion. You may delete your account at any time from Settings in the mobile app or on our account deletion page (the desktop app links to it from its sign-in window), as described in our Privacy Policy. Deletion is permanent and cannot be reversed.

5. Acceptable Use

   You agree not to misuse the Service. For example, you will not:

   • Use the Service for illegal activities or to violate any applicable law or regulation.
   • Attempt to gain unauthorized access to any systems, accounts, or networks.
   • Interfere with, disrupt, or degrade the integrity or performance of the Service.
   • Reverse engineer, decompile, or attempt to extract source code, except to the extent applicable law prohibits enforcement of this restriction.
   • Use the Service to distribute malware, spyware, or other harmful content.
   • Use the Service to distribute content that infringes the intellectual-property rights of others.

6. Your Files and Content

   • Ownership. You retain ownership of your files and content. OpenDrop does not claim ownership of your files.
   • Your Responsibility. You are solely responsible for the files you transfer, access, or share using OpenDrop, including ensuring you have all necessary rights and permissions.
   • Copyright and other intellectual-property rights: you alone are responsible. OpenDrop is a general-purpose pipe between your own devices. NFDGames LLC does not inspect, index, or host the files you transfer (file contents are end-to-end encrypted on every transfer path, although our relay servers can see transfer details such as file names, folder names and file sizes; see Section 2 and our Privacy Policy). You, the user, are solely responsible for ensuring that any file, image, video, audio recording, document, software, or other content you transmit, store, share, or receive through OpenDrop is one you own, have a valid license for, or are otherwise legally entitled to use. NFDGames LLC disclaims any liability for unauthorized transmission, reproduction, distribution, public performance, or display of copyright-protected material, trademark-protected material, trade secrets, or any other third-party intellectual-property or proprietary rights by users of the Service. If you transfer infringing content, you do so at your own risk, and you indemnify NFDGames LLC from any resulting claim per Section 15.
   • Local Environment. Because the desktop server runs in your environment, you are responsible for securing your own devices, networks, and operating system configuration.

7. Privacy

   Our Privacy Policy describes how we collect and use information. By using the Service, you agree that we can process information as described in the Privacy Policy.

8. Subscriptions, Auto-Renewal, and Cancellation (OpenDrop Pro)

   Certain features of the Service are made available through a paid subscription ("OpenDrop Pro"). The rest of the Service is free to use. For OpenDrop Pro bought from the Windows or Linux desktop app, current pricing as of the Effective Date is US $2.99 per month or US $24.99 per year. On the Apple App Store and Google Play, the current price is shown in the app before you subscribe. Subscriptions are charged through the platform on which you subscribe. Local taxes may apply. Pricing may change with notice.

   Billing. Subscriptions are processed by one of:

   • Apple App Store (iPhone and iPad in-app purchase)
   • Google Play Billing (Android in-app purchase)
   • Stripe, Inc. via Stripe Payment Links (purchases made from the Windows and Linux desktop apps)

   Payment is collected by the applicable processor. NFDGames does not see or store your full payment method. Your purchase is also subject to that platform's terms of sale.

   Auto-Renewal Notice (required under California Bus. & Prof. Code § 17602). Your subscription will automatically renew at the end of each billing period (monthly or annually, as applicable) and your payment method will be charged the then-current subscription fee, until you cancel. You can review and manage your subscription, including cancellation, in the Settings of your purchase platform: Apple ID Settings → Subscriptions (iPhone and iPad), Google Play → Subscriptions (Android), or the Stripe customer portal linked from your purchase email (Windows and Linux). Cancellation takes effect at the end of the current billing period; you keep access until then.

   Refunds. Refunds are handled by the platform that processed your purchase according to its refund policy: Apple, Google Play, or via the contact email on your Stripe receipt for Stripe purchases. Where required by law (for example, the EU consumer-withdrawal right under Directive 2011/83/EU), you may be entitled to a refund regardless of platform policy; contact support@nfdgames.com in that case.

   Cross-platform entitlement. A single OpenDrop Pro subscription unlocks Pro features on all your devices linked to the same account, regardless of the platform on which it was purchased.

9. Third-Party Services

   The Service may rely on third-party services to function (for example: relay hosting, authentication, and subscription management). These providers may have their own terms and privacy policies, and your use of those services may be subject to their terms. A current list of our sub-processors is maintained in Section 4 of our Privacy Policy.

10. Apple App Store EULA Acknowledgment

    If you obtained OpenDrop from the Apple App Store, the following additional terms apply. You and NFDGames acknowledge that these Terms are between you and NFDGames only, and not with Apple Inc. ("Apple"). NFDGames, not Apple, is solely responsible for OpenDrop and its content. Your use of OpenDrop must comply with the App Store Terms of Service. NFDGames, not Apple, is responsible for any maintenance and support of OpenDrop, and for any product warranties (to the extent not effectively disclaimed). In the event of any failure of OpenDrop to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. NFDGames is responsible for addressing claims by you or a third party relating to OpenDrop, including product-liability, legal-compliance, and intellectual-property claims. You represent that you are not located in a country that is subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government list of prohibited or restricted parties. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you.

11. Updates, Changes, and Availability

    • Updates: We may provide updates, patches, or modifications to the Service. Some updates may be required for continued use.
    • Changes: We may change or discontinue features at any time, including paid features, to maintain security, comply with law, or improve performance.
    • Availability: We do not guarantee uninterrupted availability. Connectivity may be affected by your network, your device configuration, or third-party service availability.

    Relay Service and Other Cloud-Backed Features: Third-Party Dependency Disclaimer. Several features of OpenDrop, including but not limited to the WebSocket relay service, cloud-assisted LAN discovery, and the device-presence and key-exchange functions that run in our Cloudflare Workers and Cloudflare KV, depend on infrastructure operated by third parties, including Cloudflare, Inc., Fly.io, Inc., Oracle Corporation, Google LLC / Firebase, Apple Inc., Google Play Billing, Stripe, Inc., and RevenueCat, Inc. (collectively, the "Underlying Providers"). NFDGames LLC does not own, operate, or control the Underlying Providers' networks, data centers, software, or routing.

    You acknowledge and agree that:

    • No uptime guarantee. The relay service (both the free and Pro tiers) and other cloud-dependent features of OpenDrop are provided without any service-level commitment, uptime guarantee, or availability warranty. We make no promise that the relay service will be available at any given time, will achieve any particular throughput or latency, or will support any minimum file size, transfer rate, or concurrent connection count.
    • Free tier is anonymous and rate-limited. The free relay tier may be used without a signed-in account, authenticated by a short-lived, anonymous, rotating access token issued automatically by our infrastructure. We apply automated per-IP rate limits and other abuse controls to free-tier and anonymous traffic, and may throttle, restrict, or block such traffic at any time without notice.
    • Third-party outages are not our fault. Any outage, slowdown, degradation, capacity limit, regional unavailability, routing failure, rate limit, DDoS mitigation block, certificate or DNS problem, billing change, policy change, account suspension, sanctions-related restriction, or other operational issue caused in whole or in part by an Underlying Provider (whether announced, unannounced, planned, or unplanned) is outside our reasonable control. NFDGames LLC is not liable for such events under these Terms, the Limitation of Liability in Section 15, or the Force Majeure clause in Section 18.
    • Discontinuation by an Underlying Provider. If an Underlying Provider terminates, restricts, prices out, or materially changes the service we rely on, we may suspend, degrade, redirect, or discontinue any affected feature of OpenDrop (including the relay service) on the timeline forced by that provider, which may be immediate. We will use commercially reasonable efforts to give advance notice and, where feasible, to migrate the affected feature to an alternative provider, but we do not guarantee that any such migration will be available, free of cost, or feature- equivalent.
    • Local-network and direct-LAN transfers are unaffected. OpenDrop is designed so that transfers between your own devices on the same Wi-Fi or LAN do not require the relay service or any cloud component once the devices have paired. Local transfers are expected to continue working even if every cloud-backed feature of the Service is unavailable. This is intentional, and we encourage you to keep at least one direct-LAN pairing as a fallback.
    • Pro subscription remedy. If a cloud-dependent Pro feature becomes persistently unavailable for reasons within our reasonable control, your sole and exclusive remedy is to cancel your subscription through the platform on which you purchased it (see Section 8). Where required by mandatory consumer law (for example, the EU consumer-withdrawal right or California Bus. & Prof. Code § 17602 cancellation right), additional statutory remedies remain available.
    • Discretionary credits. We may, at our sole discretion and without admitting liability, offer service credits, refunds, or extended subscription periods following extended outages. Any such credit is a one-time accommodation and does not create an entitlement to similar credits in the future.

12. Termination; Repeat Infringers

    You may stop using the Service at any time and may delete your account as described in Section 4. We may suspend or terminate your access if we reasonably believe you have violated these Terms, if required by law, to protect the integrity, security, or availability of the Service, or to comply with a takedown notice.

    Under our Repeat Infringer Policy, we will terminate the accounts of users who, in our reasonable determination, repeatedly infringe the copyright or other intellectual-property rights of others.

13. Copyright Policy; DMCA Notice and Counter-Notice

    NFDGames respects intellectual-property rights and complies with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that material accessible on or through the Service infringes your copyright, you may send a written notice to our designated DMCA agent that includes all of the following:

    1. A physical or electronic signature of the owner or a person authorized to act on the owner's behalf.
    2. Identification of the copyrighted work claimed to be infringed.
    3. Identification of the material claimed to be infringing, with information reasonably sufficient to permit us to locate it.
    4. Your name, address, telephone number, and email address.
    5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
    6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on behalf of the owner.

    Designated DMCA Agent.
    NFDGames LLC, Attn: DMCA Agent
    212 East Broad Street, Apt #1116
    Greenville, SC 29601, United States
    Email: support@nfdgames.com
    Phone: +1 (408) 821-5157
    Our agent is registered with the U.S. Copyright Office in the DMCA Designated Agent Directory (Registration No. DMCA-1072683). You can verify the registration at copyright.gov/dmca-directory.

    Counter-Notice. If you believe that material we removed or disabled is not infringing, or that you have authorization to use it, you may send us a counter-notice containing the elements specified in 17 U.S.C. § 512(g)(3). We will forward valid counter-notices to the original complaining party and may restore the material after the statutory period unless the complaining party files a court action.

    Knowingly making a material misrepresentation in either a notice or counter-notice may subject you to liability under 17 U.S.C. § 512(f).

14. Disclaimers

    THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure.

    Without limiting the foregoing, NFDGames LLC expressly disclaims any warranty or representation regarding the availability, throughput, latency, durability, or continued operation of the WebSocket relay service or any other component of OpenDrop that depends on infrastructure operated by third parties (including Cloudflare, Fly.io, Oracle Cloud, Firebase, Apple, Google Play, Stripe, and RevenueCat: the "Underlying Providers" described in Section 11). Any failure, outage, slowdown, capacity restriction, policy change, account suspension, or discontinuation caused by an Underlying Provider is outside our reasonable control, and NFDGames is not responsible or liable for such events. If the relay service is unavailable for any reason (whether momentary, prolonged, or permanent), that unavailability does not constitute a breach of these Terms by NFDGames LLC.

    AI-Assisted Development Disclosure. Portions of the Service (including application and server source code, our websites and documentation, and these legal documents) were created with the assistance of artificial-intelligence ("AI") developer tools, working under human direction and review by NFDGames. NFDGames, and not any AI-tool vendor, is solely responsible for the Service. The Service itself does not currently include AI or generative-AI features: no AI system processes your files or personal information as part of operating the Service, and we do not use your files or personal information to train AI models (see our Privacy Policy). Without limiting the "AS IS" disclaimer above, NFDGames does not warrant that AI-assisted portions of the Service are free of errors, and such portions are subject to the same disclaimers, limitations of liability, and other protections in these Terms as every other part of the Service.

15. Limitation of Liability; Indemnification; Governing Law

    Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NFDGAMES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, REVENUE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

    Indemnification. You agree to indemnify and hold harmless NFDGames and its affiliates, officers, employees, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Service, (b) your files or content, or (c) your violation of these Terms or applicable law.

    Governing Law. These Terms, and any claim or dispute arising out of or relating to these Terms or the Service, are governed by and construed in accordance with the laws of the State of South Carolina, United States, excluding its choice-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any dispute not subject to Section 16 below, the exclusive jurisdiction and venue will be the state and federal courts located in Greenville County, South Carolina, and each party consents to personal jurisdiction in those courts. Nothing in this section overrides any non-waivable consumer-protection right that you have under the law of your place of residence.

16. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver

    Please read this section carefully. It affects your legal rights.

    A. Informal Resolution. Before filing a claim, you agree to try to resolve the dispute by emailing support@nfdgames.com with a written description of the dispute and the relief you seek. We will attempt to resolve the dispute informally within 60 days. If we cannot, either party may begin arbitration.

    B. Binding Arbitration. Except for the exceptions in Section 16(D), any dispute, claim, or controversy arising out of or relating to these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by binding individual arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (for claims under US $250,000) or its Comprehensive Arbitration Rules and Procedures (for larger claims). The arbitration will be conducted in English by a single arbitrator. The seat of arbitration will be Greenville County, South Carolina; however, you may elect to participate remotely by telephone or video, or in person at a JAMS office near your residence. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

    C. Class-Action Waiver. YOU AND NFDGAMES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person and may not preside over any form of representative or class proceeding. If this class-action waiver is held unenforceable, then the entirety of this Section 16 will be null and void, but the remaining provisions of these Terms will remain in full force and effect.

    D. Exceptions. Either party may bring an individual action in small-claims court for disputes within its jurisdictional limits in lieu of arbitration. Either party may also bring a claim in court to seek injunctive or other equitable relief for alleged infringement or misuse of intellectual-property rights.

    E. Opt-Out. You may opt out of this arbitration agreement by emailing support@nfdgames.com with the subject line "Arbitration Opt-Out" within 30 days of first agreeing to these Terms. The email must include your name, the email address on your account, and a clear statement that you wish to opt out. Opting out will not affect any other terms.

    F. Severance from EU/UK consumer rights. If you reside in a jurisdiction that prohibits pre-dispute consumer arbitration agreements or class-action waivers, this Section 16 does not apply to you to the extent of the prohibition.

17. Export Compliance and Sanctions

    OpenDrop uses standard cryptography (TLS 1.2/1.3, ChaCha20-Poly1305, HKDF-SHA256, HMAC-SHA256, OAuth 2.0, JWT) and qualifies for the mass-market exemption under U.S. Export Administration Regulations (EAR) §740.17(b)(1), with ECCN classification 5D992. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; you are not on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Commerce Department's Denied Persons List or Entity List, or any other U.S. or applicable government restricted-party list; and you will not use the Service for any purpose prohibited by U.S. or other applicable export-control or sanctions laws.

18. General Provisions

    • Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and NFDGames regarding the Service and supersede any prior agreement between you and us on the same subject.
    • Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
    • No Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
    • Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
    • Force Majeure. We are not liable for failures or delays caused by events beyond our reasonable control, including acts of God, war, terrorism, riot, embargo, acts of civil or military authority, fire, flood, accident, pandemic, network or power outages, internet backbone failures, certificate-authority or DNS provider failures, or third-party cloud-infrastructure failures, outages, capacity restrictions, rate-limiting, billing changes, account suspensions, or discontinuations at any of the Underlying Providers identified in Section 11 (including, without limitation, Cloudflare, Fly.io, Oracle Cloud, Firebase, Apple, Google Play, Stripe, and RevenueCat). Any of these may cause the WebSocket relay service or other cloud-dependent features to be unavailable, degraded, or discontinued.
    • Notices. Legal notices to us must be sent to support@nfdgames.com. We may send notices to you by email to the address on your account or by in-app notification.

19. Changes to These Terms

    We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on this page. Your continued use of the Service after changes become effective means you accept the updated Terms.

20. Contact Us

    If you have any questions about these Terms, please contact us at:

    NFDGames LLC
    United States
    Support: support@nfdgames.com
    Legal: support@nfdgames.com
    DMCA: support@nfdgames.com
    Privacy: support@nfdgames.com

Last updated: October 10, 2026