Terms and conditions

Last modified: November 15, 2023

  • 1. Limitation of Liability
  • 2. Guarantees and Warranties
  • 3. Hold Harmless Agreements
  • 4. Exclusive Remedies Provisions
  • 5. User Consent
  • 6. Privacy Policy and Terms of Service
  • 7. Two-Factor Authentication Policy
  • 8. Miscellaneous Provisions
  • 9. Intellectual Property Rights
  • 10. Compliance with Laws
  • 11. User Responsibilities
  • 12. Changes to the Platform
  • 13. Third-Party Services

1. Limitation of Liability

1.1 No Liability for Consequential Damages: In no event shall FileIt.Online, its officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the platform; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the platform; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our platform by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the platform; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.

1.2 Maximum Liability: In no event shall the total liability of FileIt.Online, its officers, directors, employees, agents, or licensors, for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the platform during the month in which the incident occurred.

1.3 Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, the liability of FileIt.Online shall be limited to the fullest extent permitted by law.

1.4 Allocation of Risk: The provisions of this Agreement allocate the risks between the parties. This allocation is reflected in the pricing of the services offered by FileIt.Online and is an essential element of the basis of the bargain between the parties.

2. Guarantees and Warranties

2.1 Disclaimer of Warranties: FileIt.Online provides the platform on an “as is” and “as available” basis. To the fullest extent permissible under applicable law, FileIt.Online expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Without limiting the foregoing, FileIt.Online makes no warranty that (i) the platform will meet your requirements; (ii) the platform will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the platform will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the platform will meet your expectations; or (v) any errors in the software will be corrected.

2.2 No Responsibility for Third-Party Content: FileIt.Online is not responsible for any third-party content that you download or otherwise obtain through the use of the platform. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

2.3 No Warranty Against Interference: FileIt.Online does not warrant that the platform or any content provided on the platform will be free from interruptions, delays, or failures, including but not limited to those arising from acts of God, acts of war, acts of terrorism, labor disputes, or other similar causes beyond FileIt.Online’s reasonable control.

2.4 No Warranty for Data Security: While FileIt.Online implements various security measures to protect your data, we cannot guarantee absolute security. By using the platform, you acknowledge that any information transmitted through the platform may be subject to interception by unauthorized third parties. FileIt.Online disclaims any liability for data breaches, unauthorized access, or other security issues.

2.5 Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, the liability of FileIt.Online shall be limited to the fullest extent permitted by law.

3. Hold Harmless Agreements

3.1 Indemnification by Users: You agree to indemnify, defend, and hold harmless FileIt.Online, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to or use of the platform; (ii) your violation of these Legals; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that your use of the platform caused damage to a third party.

3.2 Waiver of Claims: You waive any and all claims, causes of action, or rights you may have against FileIt.Online, arising from or related to your use of the platform, except in the case of FileIt.Online’s gross negligence or willful misconduct.

3.3 Third-Party Actions: FileIt.Online shall not be liable for any third-party actions, including but not limited to legal actions or claims made by third parties against you. You agree to hold FileIt.Online harmless from any claims, damages, or liabilities arising out of such actions.

3.4 Assumption of Risk: By using the platform, you assume all risks associated with the use of the platform, including but not limited to the risks of data breaches, unauthorized access, and any other security risks. You agree to hold FileIt.Online harmless from any liability arising from such risks.

 

3.5 Survival of Indemnification: The indemnification and hold harmless provisions in this section shall survive the termination of your use of the platform and these Legals.

4. Exclusive Remedies Provisions

4.1 Exclusive Remedy for Breach: In the event of any breach of these Legals or any failure of the platform to perform as warranted, your sole and exclusive remedy shall be the return of the subscription fees paid by you to FileIt.Online for the month in which the breach or failure occurred. This limitation of liability is intended to apply regardless of whether other remedies under these Legals fail in their essential purpose.

4.2 No Other Remedies: Except as expressly provided in this section, FileIt.Online disclaims any and all liability and responsibility for any damages, losses, or claims arising out of or related to your use of the platform. No advice or information, whether oral or written, obtained by you from FileIt.Online or through the platform shall create any warranty not expressly stated in these Legals.

4.3 Limitation on Claims: Any cause of action arising out of or related to the platform must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

4.4 Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain damages or the limitation period for bringing a claim, so some of the limitations in this section may not apply to you. In such jurisdictions, FileIt.Online’s liability shall be limited to the fullest extent permitted by law.

 

4.5 Acknowledgment of Risk: By using the platform, you acknowledge and agree that the limitations of liability and remedies contained in these Legals are a reasonable allocation of risk and reflect the pricing of the platform.

5. User Consent

5.1 Acceptance of Terms: By registering for and using the FileIt.Online platform, you acknowledge that you have read, understood, and agree to be bound by these Legals, including all disclaimers, limitations of liability, warranties, and other terms and conditions contained herein.

5.2 Consent to Changes: FileIt.Online reserves the right to modify these Legals at any time. Your continued use of the platform following any such modifications constitutes your acceptance of the new terms. It is your responsibility to review these Legals periodically for changes. If you do not agree to any updated terms, you must stop using the platform and delete your account contents.

5.3 Electronic Communications: By registering for the platform, you consent to receive electronic communications from FileIt.Online, including but not limited to emails, text messages, and notifications regarding your account, security alerts, and updates to these Legals. You agree that any notices, agreements, disclosures, or other communications that FileIt.Online sends to you electronically satisfy any legal communication requirements, including that such communications be in writing.

5.4 Consent to Data Processing: By using the platform, you consent to the collection, use, processing, and storage of your data as described in the Privacy Policy. You acknowledge and agree that FileIt.Online may need to comply with lawful requests for data by government authorities, and you consent to such disclosures.

5.5 Right to Withdraw Consent: You have the right to withdraw your consent to these Legals at any time by deleting your account contents and ceasing to use the platform. Any such withdrawal will not affect the legality of any processing carried out prior to your withdrawal.

6. Privacy Policy and Terms of Service

6.1 Privacy Policy

6.1.1 Data Collection: FileIt.Online collects information that you provide directly to us when you create an account, use the platform, fill out a form, request customer support, or communicate with us. This may include your name, email address, phone number, payment information, and any other information you choose to provide.

6.1.2 Data Usage: FileIt.Online uses your information to operate, maintain, and improve our platform, to communicate with you, to process transactions, and to comply with legal obligations. We do not use your data for AI training or make any claims to your digital property.

6.1.3 Data Sharing: FileIt.Online does not share your personal information with third parties except as necessary to provide our services (e.g., payment processors), comply with the law, or protect our rights. We may share aggregated or de-identified information, which cannot reasonably be used to identify you.

6.1.4 Data Security: FileIt.Online implements a variety of security measures to protect your personal information. However, no security system is impenetrable, and we cannot guarantee the security of our systems. In the event of a data breach, we will notify affected users and take appropriate measures to mitigate the breach.

6.1.5 User Rights: You have the right to access, correct, or delete your personal information. You may also request the restriction of processing your personal data or object to processing, and you have the right to data portability. To exercise these rights, please contact us at [contact information].

6.1.6 Retention of Data: FileIt.Online retains your personal information for as long as your account is active or as needed to provide you services. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

6.2 Terms of Service

6.2.1 Account Registration: To use certain features of the platform, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

6.2.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify FileIt.Online immediately of any unauthorized use of your account or any other breach of security.

6.2.3 Prohibited Conduct: You agree not to use the platform for any illegal or unauthorized purpose. You must not, in the use of the platform, violate any laws in your jurisdiction, including but not limited to copyright or trademark laws.

6.2.4 Termination: FileIt.Online reserves the right to suspend or terminate your account and access to the platform at any time, with or without cause or notice, for conduct that violates these Legals or is otherwise harmful to other users of the platform, FileIt.Online, or third parties.

6.2.5 Governing Law: These Legals shall be governed by and construed in accordance with the laws of the jurisdiction in which FileIt.Online operates, without regard to its conflict of law principles. At the time of this drafting, it shall be governed by the laws of Missouri, United States of America.

6.2.6 Dispute Resolution: Any disputes arising out of or relating to these Legals or the platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Missouri, and judgment on the arbitration award may be entered into any court having jurisdiction. All arbitration costs and expenses shall be borne by the claimant/end-user.

7. Two-Factor Authentication Policy

7.1 Requirement for Two-Factor Authentication: To enhance the security of your account and the data stored on FileIt.Online, we require all users to enable two-factor authentication (2FA). 2FA provides an additional layer of security by requiring not only your password and username but also a code sent to your device.

7.2 Implementation of 2FA: Upon registering for the platform, you will be prompted to set up 2FA using an authentication method such as a mobile app (e.g., Google Authenticator), SMS, or email. Detailed instructions for setting up 2FA will be provided during the registration process, and this may cause you to incur costs as relates to the messaging/data transmission—of which you are consenting to by completing the registration process and your continued use of the platform.

7.3 Opting Out of 2FA: If you wish to opt-out of 2FA, you must delete the contents of your account and discontinue using the platform. By doing so, you acknowledge that you are foregoing an important security measure, and you assume all risks associated with the decision to opt-out.

7.4 Security of Authentication Methods: FileIt.Online is committed to maintaining the security of our authentication methods. However, we cannot guarantee the absolute security of the authentication processes. It is your responsibility to ensure that the device and methods used for 2FA are secure and not compromised.

7.5 Responsibility for Account Security: You are solely responsible for the security of your account credentials and 2FA devices. If you suspect any unauthorized access to your account or any compromise of your 2FA methods, you must notify FileIt.Online immediately.

7.6 Recovery of Account: In the event you lose access to your 2FA device, FileIt.Online will provide options for account recovery. This may involve answering security questions, verifying your identity through alternative means, or contacting our support team for assistance.

7.7 Compliance with 2FA: By using FileIt.Online, you agree to comply with our 2FA policy and understand that failure to adhere to this policy may result in the suspension or termination of your account.

8. Miscellaneous Provisions

8.1 Severability: If any provision of these Legals is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Legals and shall not affect the validity and enforceability of any remaining provisions.

8.2 Entire Agreement: These Legals constitute the entire agreement between you and FileIt.Online with respect to the platform and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and FileIt.Online with respect to the platform.

8.3 Waiver: No waiver of any term or condition of these Legals shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under these Legals shall not constitute a waiver of such right or provision.

8.4 Assignment: You may not assign or transfer these Legals, or any rights or obligations herein, without FileIt.Online’s prior written consent, and any attempted assignment or transfer without such consent will be null and void. FileIt.Online may assign or transfer these Legals without restriction.

8.5 Notices: FileIt.Online may provide notifications to you as required by law or for marketing or other purposes via email, text message, written or hard copy notice, or through posting of such notice on our website, as determined by FileIt.Online in our sole discretion. FileIt.Online is not responsible for any automatic filtering you or your network provider may apply to email notifications.

8.6 Force Majeure: FileIt.Online shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FileIt.Online’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

8.7 Governing Law: These Legals and any action related thereto will be governed by the laws of the jurisdiction in which FileIt.Online operates without regard to its conflict of laws principles.

8.8 Dispute Resolution: Any disputes arising out of or relating to these Legals or the platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Missouri, and judgment on the arbitration award may be entered into any court having jurisdiction.

8.9 Contact Information: If you have any questions about these Legals, please contact us.

9. Intellectual Property Rights

9.1 Ownership: All intellectual property rights in and to the platform and its content, including but not limited to software, text, images, and logos, are owned by FileIt.Online or its licensors. Users are granted a limited, non-exclusive, non-transferable license to access and use the platform for their personal, non-commercial purposes.

9.2 User Content: Users retain ownership of any content they upload to the platform. By uploading content, users grant FileIt.Online a non-exclusive, worldwide, royalty-free license to use, store, and process the content solely for the purpose of providing the platform services.

 

9.3 Infringement Claims: FileIt.Online respects the intellectual property rights of others and will respond to notices of alleged infringement in compliance with applicable laws. Users are encouraged to report any suspected infringement to FileIt.Online.

10. Compliance with Laws

10.1 Legal Compliance: Users agree to comply with all applicable local, state, national, and international laws and regulations in connection with their use of the platform. Users are responsible for ensuring that their use of the platform does not violate any applicable law or regulation.

11. User Responsibilities

11.1 Accurate Information: Users agree to provide accurate, current, and complete information when registering for the platform and to update such information as necessary to ensure its accuracy.

11.2 Prohibited Activities: Users agree not to engage in any activities that could harm the platform, other users, or third parties. This includes, but is not limited to, uploading malicious software, conducting illegal activities, or violating the rights of others.

12. Changes to the Platform

12.1 Modification of Services: FileIt.Online reserves the right to modify or discontinue the platform or any part thereof, temporarily or permanently, with or without notice. Users agree that FileIt.Online shall not be liable to them or any third party for any modification, suspension, or discontinuance of the platform.

13. Third-Party Services

13.1 Third-Party Links and Content: The platform may contain links to third-party websites or services that are not owned or controlled by FileIt.Online. FileIt.Online has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Users acknowledge and agree that FileIt.Online shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.