FileCloud Online – Terms of Service

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FileCloud Online – Terms of Service

These Terms of Service (“Terms”) are between you, either on behalf of yourself as an individual or on behalf of an entity as its authorized representative, (“You” or “Customer”) and CodeLathe Technologies Inc. dba FileCloud and its subsidiaries and affiliates (collectively referred to as “FileCloud”). Please read the Terms carefully as the Terms establish what you can expect from FileCloud as you use FileCloud® Online services, and what we expect from you. These Terms govern your initial subscription of the FileCloud Online services as well as any future renewals. These Terms also apply to all trials including pre-purchase trials and pilots, and whether your subscriptions are purchased directly from FileCloud or through FileCloud’s authorized resellers, distributor, partners, or system Integrators (collectively, the “Authorized Partners”).

By deploying, using or accessing the FileCloud Online services described herein, you acknowledge that you have read these Terms of Service and agree to be bound by the Terms. If you do not agree to the Terms, do not deploy, use or access FileCloud Online services.

These Terms may be modified from time to time. The date of the most recent revisions will appear on this page, so please check back often. Your use or continued access to FileCloud Online services after any changes constitutes your acceptance of those changes, whether or not you have reviewed them. If you do not agree to the changes to the Terms, you must stop using the FileCloud Online services.

If these Terms of Service conflict or are inconsistent with the FileCloud Software End-User License Agreement (“EULA”), the EULA will prevail and control with respect to that specific condition, and these Terms of Service will govern as to all other matters.

1. FileCloud Online Service and Support

Subject to these Terms of Service, FileCloud will use commercially reasonable efforts to provide Customer the FileCloud Online services. The Technical Support Entitlements are based on what you subscribe and can be found at https://www.filecloud.com/filecloud-support-entitlements-tos/.

2. Additional Definitions

These definitions are in addition to those defined elsewhere in these Terms.

  • “Account” means a Content storage account created by you or on your behalf within the FileCloud Online services.
  • “FileCloud Administrator” means a user (or users) you identify as having administrative rights including, without limitation, the permission to manage licenses, users and FileCloud instance.
  • “Content” means files, materials, data, text, audio, video, images, email or other contents.
  • “Documentation” means written or online user documentation that describes the functionality, operation, and use of the FileCloud Online services.
  • “FileCloud Online” refers, collectively, to (a) the cloud storage solution provided by FileCloud for the online storage, sharing and processing of Content, (b) the FileCloud Software, and (c) the Documentation.
  • “Services” refers, collectively, to the FileCloud Online services, support for the FileCloud Online services, and ancillary services.
  • “Software” means the software provided or made available by FileCloud for use in connection with the Services. Software includes the FileCloud Client Software (Sync, Drive, Browser Extensions, and Others) which is the portion of the Software that is installed on Customer’s desktop, mobile, local server or other devices (for example, mobile apps, desktop apps, or group apps). Software also includes bug fixes, patches, major or minor releases, or any other changes, enhancements, or modifications to the FileCloud Client Software that FileCloud makes available (“Releases”) over time.
  • “End User” means an individual you authorize to use your FileCloud Online services.
  • “Limited Client User” or “External User” means an individual who was authorized by “End User,” while not part of the licensed entity, to access data using FileCloud Online services.

Any reference below in these Terms refer to both “End User” and “External User”:

  • “Attributable Monthly Subscription Fee” means one-twelfth of the base annual fee for the Services.
  • “Emergency Maintenance” means downtime of the Services outside of the Scheduled Maintenance Window hours that is required to complete the application of urgent patches or fixes, or to undertake other urgent maintenance activities. If Emergency Maintenance is required, FileCloud will immediately contact Customer and provide the expected start time of the Emergency Maintenance, its planned duration, and whether FileCloud expects the Services to be unavailable during the Emergency Maintenance.
  • “Scheduled Maintenance Window” means the window during which scheduled maintenance of the Services may be performed, which may cause the Services to be unavailable. The Scheduled Maintenance Window occurs each Saturday, 8:00 AM to 1:00 PM (Central Standard Time, or CST) for North American based customers and 2:00 PM to 7:00 PM (Central European Time, or CET) for European based customers, and will not generally exceed three hours per calendar quarter. Additional, non-impactful updates to the Services may be released periodically during the work week.
  • “Service Credit” means the percentage of the Attributable Monthly Subscription Fees that is awarded to Customer for a validated claim related to breach of the SLA during that month.
  • “System Availability” means the percentage of total time during which the Services are available to Customer, excluding the Scheduled Maintenance Window and Emergency Maintenance.

3. Availability of the FileCloud Online Services

(a) Access to the FileCloud Online Services: FileCloud Online services are on-line, subscription-based products made available by FileCloud for your use on a non-exclusive basis in accordance with these Terms and all applicable laws. Your use includes allowing End Users and/or External Users to transmit, store, share, retrieve, and process Content through the FileCloud Online services solely through an Account registered to you and in accordance with the orders you place with FileCloud. All use of the FileCloud Online services by you and your End Users must be within the Scope of Use defined below, for the quantity and User type for which you have paid, and solely for the benefit of you.

(b) Software provided for use with FileCloud Online services: Subject to your continued compliance with EULA and these Terms, we grant you a non-exclusive, non-transferable, limited license to install and use the FileCloud Software for the sole purpose of accessing the FileCloud Online services. You acknowledge that we may issue updates to the Software such as addressing security vulnerabilities, upgrading the protocol, improving usability or performance, and upgrading features. We require you to run the latest FileCloud Software. All updates to the Software will be subject to the EULA and these Terms.

(c) Support: All support requests have to be made by your FileCloud Administrator. FileCloud doesn’t provide direct support to End Users. In case of temporary reduced hours of support or permanent changes to support timings, FileCloud will inform you through email and through our website.

(d) Updates to the FileCloud Online services: We reserve the right, in our sole discretion, to change, update, enhance, suspend or stop providing the FileCloud Online services as well as support for the FileCloud Online services at any time including to add functionalities and features, or remove them from FileCloud Online.

4. Your Responsibilities relating to Use of the FileCloud Online Services

(a) Passwords and Account: To obtain access to the FileCloud Online services, you will be required to obtain an Account with FileCloud by completing a registration form and designating a user ID and password. You agree and represent that all registration information you provide is accurate, complete, and current, and that you will update it promptly when that information changes. FileCloud may withdraw Account approval at any time in its sole discretion, with or without cause. You are responsible for safeguarding the confidentiality of your user ID and passwords, and for all activities that take place in connection with your Account. FileCloud shall not be liable for for any loss or damage arising from unauthorized use of your Account.

(b) Equipment: You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including without limitation, PCs, smartphones, operating systems, networking, modems, hardware, software, and equipment (collectively, the “Equipment”). You shall also be responsible for maintaining the security of the Equipment.

(c) Notices from FileCloud: You acknowledge that once you have registered with FileCloud Online services, we may send you communications or data regarding the FileCloud Online services using electronic means. These may include but are not limited to notices about your use of the FileCloud Online services, including any notices concerning violations of use; updates to the Services; promotional information and materials regarding FileCloud’s products and services and information the law requires us to provide. Notices we email to you will be deemed given and received when the email is sent.

(d) Notices from You regarding Unauthorized Use: You agree to notify us promptly in writing when you become aware of any unauthorized use of an Account, the Content or the FileCloud Online services, including if you suspect there has been any loss, theft or other security breach of your password or user ID. If there is unauthorized use by a third party which obtained access to the Services through you or your End Users, whether directly or indirectly, you agree to take all steps necessary to terminate the unauthorized use. You also agree to cooperate with FileCloud and provide assistance related to the unauthorized use which we reasonably request.

(e) Content: FileCloud does not monitor any Content transmitted or processed through, or stored in the FileCloud Online services. You agree that you:

  • are responsible for the accuracy and quality of all Content that is transmitted or processed through or stored in your Account; will ensure that the Content, including its storage and transmission, complies with these Terms, and applicable laws and regulations;
  • will promptly handle and resolve any notices and claims from a third party claiming that any Content violates that party’s rights including regarding take-down notices pursuant to the Digital Millennium Copyright Act; and
  • will maintain appropriate security, protection and backup copies of the Content, which may include the use of encryption technology to protect the Content from unauthorized access and routine archiving of the Content. FileCloud will have no liability of any kind as a result of any deletion, loss, correction, destruction, damage or failure to store or encrypt any Content.

(f) Use Restrictions: You are responsible for End Users and External Users’ compliance with these Terms and for the quality, accuracy and legality of the Content. You will not, and will ensure that your End Users and External Users do not:

  • use the FileCloud Online services in any manner or for any purpose other than as expressly permitted by these Terms;
  • sell, rent, resell, lease, or sublicense the FileCloud Online services to any third party;
  • modify, tamper with or otherwise create derivative works of the FileCloud Online services;
  • reverse engineer, disassemble, decompile or attempt to derive source code from the FileCloud Online services;
  • use the FileCloud Online services to send unsolicited junk mails, spam or any other form of duplicative or unsolicited messages or communication not permitted by laws;
  • store or transmit Content containing unlawful, defamatory, threatening, pornographic, abusive, or libelous material; containing any material that encourages conduct that could constitute a criminal offense or violates the intellectual property rights or rights to the publicity or privacy of others;
  • use the FileCloud Online services to store or transmit viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs;
  • interfere with or disrupt servers or networks connected to the FileCloud Online services or the access by other FileCloud clients to the servers or networks, or violate the regulations, policies or procedures of those networks;
  • access or attempt to access FileCloud’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means.

(g) Fair Use Policy: FileCloud provides a multi-tenanted SaaS solutions and seeks to ensure and maintain an optimal user experience. We monitor usage to prevent improper use of the services, so we can offer all of our clients an excellent user experience. FileCloud does not charge extra costs when the service is used reasonably and normally. When we determine the scope of Fair Use, we take into account your subscription, the observed use of many other clients, technical advances and the current price rate of all necessary assets. When out of the ordinary usage is detected in your FileCloud online environment, we will contact you to discuss the situation and potential alternatives. FileCloud reserves the rights to limit or terminate your available storage, bandwidth, database usage, API usage or allowed emails.

(h) Third Party Services and Content: All transactions using the FileCloud Online services are between the transacting parties only. The FileCloud Online services may contain features and functionalities linking or providing you with certain functionality and access to third party content, including websites, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge that FileCloud is not responsible for such content or services. We may also provide some content to you as part of the FileCloud Online services. However, FileCloud is neither an agent of any transacting party nor a direct party in any such transaction. Any of those activities, and any terms associated with those activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third-party content you access with the FileCloud Online services, and you irrevocably waive any claim against FileCloud with respect to such sites and third-party content. FileCloud assumes no liability, obligation or responsibility for any such correspondence, purchase or promotion between Customer and any such third-party. In the event you have any problems resulting from your use of a third-party service or suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, FileCloud is not responsible unless the problem was the direct result of breaches of FileCloud Online services.

5. Fees and Payments

(a) Fees: You agree to pay, using a valid credit card, bank-to-bank wire transfer, or other forms of payment which we may accept from time to time, for the charges and fees, such as recurring monthly or annual fees, set forth in the most current FileCloud pricelist (collectively, “Fees”), applicable taxes as defined below, and other charges incurred for the Services. You will pay Fees in the currency we quoted for your account (and we reserve the right to change the quoted and transactional currency). We will bill you at the start of the billing period and at the start of each subsequent renewal period. Except specifically agreed in a separate written agreement between you and FileCloud, the FileCloud Online services are prepaid for the period selected and are non-refundable. This includes Accounts that are renewed. FileCloud reserves the right to adjust renewal prices at anytime and the most current prices will take effect at the beginning of your next renewal subscription term or support period, as applicable.

(b) Fees for Upgrade: If you upgrade or expand consumption of the FileCloud Online services such as obtaining additional End User licenses, or add-on features or functionalities to the FileCloud Online services, the additional upgrade fees may be due at FileCloud’s then-current pricing. If additional fees are due, those fees will be immediately billed to your account and will apply for the entire month in which the service upgrade occurred.

(c) Invoicing and Payment Terms: You agree to keep all information in your billing account current. You may change your billing account information at any time. In the event that we bill you, all Fees are due and payable upon receipt. We may suspend your access to the FileCloud Online services or cancel the Services if your account is past due over 15 days.

(d) Purchases through Authorized Partners: If you purchase Services through a FileCloud Authorized Partner, you owe the payment to the Authorized Partner as agreed between you and the Authorized Partner, and the payment terms described in this provision may not apply to you. You acknowledge, however, that we may terminate your rights to use the FileCloud Online services and discontinue such Services if we do not receive corresponding payments from the Authorized Partner.

(e) Applicable Taxes: Fees quoted to you, unless specified otherwise, are exclusive of applicable taxes and you will pay or reimburse FileCloud for all applicable taxes arising out of these Terms, whether assessed at the time of your purchase or are thereafter determined to have been due. For purposes of these Terms, applicable taxes include but not limited to any sales and use taxes, VAT, GST, export and import fees, customs duties, withholding taxes and similar charges applicable to the transactions contemplated by these Terms that are imposed by any government or authorities. You agree to promptly provide FileCloud with legally sufficient tax exemption certificates for each jurisdiction for which you claim exemption.

6. Canceling the FileCloud Online Services

To cancel the FileCloud Online services, you must provide us with at least 30-day advance notice. If you cancel, the Services will end at the end of your current subscription term or support period following the 30-day notice. If you fail to cancel with required sufficient notice, we will automatically renew the FileCloud Online services for the same subscription term at most current price and will bill you on the first day of the renewal subscription term.

7. Protection of Content.

FileCloud maintains appropriate administrative and technical safeguards to protect the security and integrity of the Content in the FileCloud Online services. Except as requested by you in connection with customer support, we will not modify the Content; disclose the Content except pursuant to the requirements of a governmental agency, by operation of law, to investigate occurrences that may involve violations of system or network security or as you expressly permit in writing; or access the Content except to provide the Services or to address other service or technical issues.

8. Data Retention

(a) File Deletion

  • If your FileCloud Administrator has turned on FileCloud’s ‘Deleted Files’ (Recycle Bin) feature: When an End User deletes a file, the file will be moved to the recycle bin or referred as a soft deletion. The End User can recover the file from recycle bin. Once a file moves into recycle bin, the file stays in the recycle bin till the End User clears the recycle bin or a FileCloud Administrator empties the recycle bin. If End User deletes files from recycle bin or FileCloud Administrator empties the recycle bin, then files will be purged permanently or referred as a hard deletion. If the files are larger than the default size set in FileCloud Administrator Portal, then files will be permanently deleted immediately. (Special Note: recycle bin only holds the most recent deleted file version. A new deleted file will replace any other older versions with same name and file path in the recycle bin.)
  • If your FileCloud Administrator has turned off FileCloud’s ‘Deleted Files’ (Recycle Bin) feature: when an End User deletes a file, the file will be purged or referred as a hard deletion from the system permanently and it cannot be recovered.

(b) File Version Retention: FileCloud comes with the ability to store previous versions of a file (versioning stores older versions only when a new version of a file has the same name and same path as the older file). If your FileCloud Administrator has turned off this versioning feature, then older file versions will not be retained. If your FileCloud Administrator has turned on the versioning feature, the older versions will be retained until any of the following actions:

  • End User deletes the previous versions from the User Interface.
  • Original file is deleted: When a file is sent to recycle bin or permanently deleted, its previous versions are permanently deleted.
  • FileCloud Administrator deletes the older versions.

(c) Account Cancellation: If you cancel your FileCloud Online services, your files and account data will be marked for deletion from our servers after 30 days from the effective date of termination or expiration of relevant FileCloud services and no longer than what is required to meet the Company’s legal, regulatory and operational requirements and as necessary to perform services. After the Account Cancelation, files can no longer be recovered. If you need immediate data deletion, you can request it by contacting FileCloud’s Customer Support.

9. Ownership

(a) Ownership by Customer: Customer owns all right, title and interest in and to the Content provided, transmitted or processed through, or stored in, the FileCloud Online services. Customer hereby grants FileCloud the right to transmit, use, modify, adapt, reproduce, display or disclose the Content solely to provide the Services to Customer and End Users; to comply with request of a governmental or regulatory body such as subpoenas, court orders or as otherwise required by laws; for statistical use (provided such data is not personally identifiable); and as necessary to monitor and improve the FileCloud Online services and corresponding support. Customer represents and warrants that Customer has all rights in the Content necessary to grant these rights and use the FileCloud Online services, and that the transmission, storage, retrieval, and processing of the Content do not violate any laws, FileCloud’s EULA or these Terms.

(b) Ownership by FileCloud: FileCloud owns and reserves all right, title and interest in and to the Services including all hardware, software and other items used to provide the FileCloud Online services and Materials including all intellectual property rights such as patents, patent applications, trademarks, servicemarks, copyrights, or other intellectual property rights. No title or ownership of any FileCloud proprietary rights is transferred to Customer or any End User pursuant to these Terms or any transaction contemplated by these Terms. FileCloud reserves all rights not explicitly granted to Customer. FileCloud is free to use any comments, suggestions, recommendations, and other feedbacks you provide with respect to the Services for any purpose, without obligation.

10. Warranty

FILECLOUD PROVIDES THE SERVICES “AS IS,” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FILECLOUD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. FILECLOUD SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

11. SLA

(a) FileCloud warrants at least 99.9% System Availability during each calendar month. If the System Availability is less than 99.9%, and if Customer has fulfilled all of its obligations under these Terms, FileCloud will provide Customer with a Service Credit applied to the month in which the failure to meet the SLA has occurred. The Service Credit will be equal to the credit percentage identified in the table below multiplied by the Customer’s Fees paid to FileCloud for the FileCloud Service that are attributable to the corresponding month, calculated on a straight line pro-rated basis with respect to any Fees paid in advance. Customer may terminate the subscription upon 30-day written notice if System Availability is less than 97% for one or more validated SLA claims submitted by Customer under the SLA in each of three consecutive calendar months or one or more validated SLA claims submitted by Customer under the SLA in each of three out of five consecutive calendar months.

% of Services Availability per Calendar Month Service Credit
99.9% to 99.5% 10%
99.4% to 99.0% 20%
< 99.0% 40%

(b) General Terms Applicable to the SLA:

  • SLA Claims and Service Credit:
    • In order to receive any Service Credit, Customer must notify FileCloud in writing within 10 business days from the time Customer becomes eligible to receive a Service Credit. The remedies set forth herein represent Customer’s sole and exclusive remedy for FileCloud’s failure to meet the SLA defined in these Terms. Failure to comply with this requirement will forfeit Customer’s right to receive the Service Credit. In no event will the total amount of Service Credit, if any, exceed the fees paid by Customer for the corresponding month.
    • All claims are subject to validation by FileCloud: FileCloud will use log files, database records, audit logs, and any other information available to validate claims and make a good faith judgment on the applicability of Service Credits to the incident. FileCloud will make information used to validate the SLA claim available for auditing by Customer at Customer’s request.
    • The maximum Service Credit Customer is entitled to receive in any given month is calculated against the Attributable Monthly Subscription Fee for the Services. Customers who are past due on any payments owed to FileCloud are not eligible to receive Service Credit. FileCloud will issue Service Credit, as determined in its sole discretion, either on future billing cycles or as a refund against Fees paid.
  • Exceptions:
    • Customer will not be entitled to Service Credit in connection with any Force Majeure Event as defined in these Terms.
    • Customer will not be entitled to Service Credit to the extent a Service Credit claim is due to violation of FileCloud’s EULA; use of the Services outside the scope described in these Terms and the Documentation; Customer equipment, software, other technology or third party equipment, software or other technology outside of FileCloud’s datacenter and not under the direct control of FileCloud; failure of Customer to meet the configuration requirements for Customer equipment set forth in the Documentation; any actions or inactions of Customer or any other third party not under the direct control of FileCloud; or due to attacks such as hacks, denial of service attacks, malicious introduction of viruses and disabling devices caused by third parties, unless such attacks succeeded due to FileCloud’s failure to meet its security requirements described in these Terms.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless FileCloud, its subsidiaries, affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, developers, content providers, and other users of the Services, from all damages, losses, liabilities, claims and expenses, including attorneys’ fees, arising directly or indirectly from any third party demand or claim that any Content provided by you, or your use of the Services, in breach of infringing any patent, trademark, or copyright of a third party or misappropriates a trade secret to the extent that such misappropriation is not the result of FileCloud’s actions; or violates applicable laws or these Terms. FileCloud reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

13. Limitation of Liability

To the maximum extent permitted by law, FileCloud shall not be liable for any direct, indirect, incidental, special, consequential, incidental, or punitive damages, including but not limited to lost profits, loss or corruption of data, or for cost of procurement of substitute technology arising out of the use or inability to use the Services irrespective of whether FileCloud or its Suppliers has been advised of the possibilities of such damages. FileCloud’s maximum liability for damages shall be limited to the Fees received by FileCloud in the 12 months before the dispute for the particular Services which caused the damage.

14. Privacy

FileCloud is committed to protecting your privacy. We work hard to ensure the safety of the information you shared with us. You can review FileCloud’s Product Privacy Notice at https://www.filecloud.com/product-privacy-notice to understand what information we collect, why we collect it and how we manage it while you are using FileCloud products and services. You agree our Product Privacy Notice applies to your use of our products and services.

15. Suspension and Termination of your Use of the Services

(a) FileCloud reserves the right to temporarily suspend or terminate your access to the Services at any time in FileCloud’s sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access or use of the FileCloud Online services for:

  • Violation of FileCloud’s EULA or these Terms;
  • Use of FileCloud Online services in a manner that may cause FileCloud to have legal liabilities or disruption to others’ use of FileCloud Online services;
  • Suspicion or detection of any malicious code, virus or other harmful code in your Account
  • Your use of excessive storage capacity or bandwidth. If, in our determination, the suspension might be indefinite or we have elected to terminate your access to the FileCloud Online services, we will notify you through email registered with the Account. You acknowledge that if your access to the FileCloud Online services is suspended or terminated, you may no longer have access to the Content that is stored with the FileCloud Online services. We may not be able to restore the Content that was stored prior to the suspension.

(b) Post-Termination Obligations: Upon termination of these Terms for any reason, all of your rights to use or access the FileCloud Online services will cease. For 15 days following the expiration or termination of these Terms or the applicable subscription term for which you have paid, and subject to your prior written request, we will grant you with limited access to the FileCloud Online services solely for purposes of your retrieval of the Content. After the 15-day period, FileCloud has no further obligation to maintain the Content and will delete the Content unless legally prohibited. In the case of Trials, FileCloud has no further obligation to maintain the Content after the trial is completed and will delete the Content at the end of the trial period.

16. Force Majeure

Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance under these Terms resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, or loss of data due to power failures or mechanical difficulties, war, or civil unrest. Payment obligation is specifically excluded from this provision.

17. Digital Millennium Copyright Act of 1998

We respect the intellectual property of others and reserve the right to delete or disable Content that appears to violate these terms or applicable laws. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you or your representative may send us a notice requesting that the Content be removed or access to it blocked. U.S. Federal law requires that your notification include the following information:

  • physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit us to contact you, such as physical address, telephone number, and, if available, an email address;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

18. General Provisions

(a) In terms of Export Compliance, Governing Law, U.S. Government Rights, Grant of Publicity Rights, Assignment and other provisions not specifically called out in these Terms, FileCloud’s EULA shall apply and govern.

(b) You may not assign these Terms or your rights and obligations under them, in whole or in part, to any third party without FileCloud’s prior written consent.

By clicking “I Agree” or deploying, using or accessing the FileCloud Online services, you acknowledge that you have read and understood these Terms and agree to be bound by them. You confirm that you are legally authorized to represent on behalf of your entity and you are of legal age to form a binding contract in your country and jurisdiction.

Date: October 17th, 2023

FileCloud Software End-User License Agreement (EULA)

FileCloud Software End-User License Agreement (EULA)

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Read the following terms and conditions before installing or deploying this software on your network or personal computer. This software license agreement is a legal agreement between you, either on behalf of yourself as an individual or on behalf of an entity as its authorized representative (the “User”), on the one hand, and CodeLathe Technologies Inc. dba FileCloud and its subsidiaries and affiliates (collectively referred to as “FileCloud”) on the other hand, for the software products entitled “FileCloud® Server”, ‘FileCloud® Online”, “FileCloud® Service Provider”, “FileCloud® Community”, “FileCloud® ServerLink”, “Tonido®”, client software, apps or browser extensions installed on User’s desktop, mobile, local server or other devices entitled “FileCloud® Sync”, “FileCloud® Drive”, “FileCloud® Desktop”, “FileCloud® Desktop Edit”, “FileCloud® BackupServer”, “FileCloud® ServerSync”, “FileCloud® FileBrowser”, “FileCloud® for Chrome”, “FileCloud® for iPhone”, “FileCloud® for iPad”, “FileCloud® for Android”, “FileCloud® for Gmail”, “FileCloud® for Office”, “FileCloud® Outlook AddIn”, “FileCloud® Teams AddIn”, and bug fixes, patches, major or minor releases, or any other changes, enhancements, or modifications to the FileCloud software that FileCloud makes available over time as well as any associated media, printed materials, and on-line or electronic documentation (collectively referred to as the “Product”). Please read this agreement carefully and print out a copy for your records. This agreement supersedes all previous versions.

By installing, deploying, or otherwise using the Product, you acknowledge that you have read this license agreement and agree to be bound by its terms. The Product is licensed, not sold, to you for use only under the terms of this agreement. If you do not agree to the terms of this license agreement, do not install, deploy or use the Product and delete all copies in your possession.

1. License Grant

Subject to the terms and conditions of this EULA, FileCloud grants you a non-exclusive, non-transferable, limited license in accordance with the license key provided by FileCloud in the territory in which you acquired the Product for your own personal or commercial use but retains all property rights in the Product and all copies thereof. All other rights are expressly reserved by FileCloud. You may use the Product on any supported system configuration, provided each instance of the Product is licensed for use. You may not transfer, distribute, rent, sub-license, or lease the Product or documentation, except as provided herein; or alter, modify, or adapt the Product or documentation, or any portions thereof.

2. Restrictions

You acknowledge that the Product in source code form remains a confidential trade secret and property of FileCloud.

You shall not (a) copy, modify, or distribute the software, except as expressly permitted in this EULA. (b) Reverse engineer, decompile, or disassemble the software. (c) Remove any copyright or proprietary notices from the software. (d) Transfer, sublicense, or assign your rights under this EULA. (e) Use the software for any illegal, unauthorized, or prohibited purposes.

3. Ownership

All rights, title and interest and intellectual property rights in and to the Product, including but not limited to any titles, computer code, concepts, screen images, and text incorporated into the Product, the accompanying printed materials, and any copies of the software, are owned by FileCloud. This EULA grants you no rights to use such content other than as part of the Product. You agree that no title and ownership of the intellectual property in the Product, or license keys is transferred to you. The Product and license keys are protected by intellectual property laws of the United States and other countries as well as by international treaties.

This EULA is effective upon your installation of the Product and shall continue until revoked by FileCloud or until you breach any term hereof.

4. Warranty Disclaimer

The Product is provided “as is”, “as available” without any warranties, express, implied, or statutory including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. FileCloud does not warrant that the Product will meet your requirements or that its operation will be uninterrupted or error-free.

This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.

5. License Restrictions

You acknowledge that the foregoing license extends only to your use of the features and functionality of the Product as described in the documentation accompanying the version of the Software downloaded or Product obtained by you, and you agree not to reconfigure or modify the Product in order to enable features or functionality different than those described in the documentation accompanying the version of the Software without obtaining FileCloud’s approval and paying the applicable Product upgrade fee. You may not modify, or create derivative works based upon the Product in whole or in part; distribute copies of the Product; upgrade or modify any 3rd party components or software that ships with FileCloud Product without explicit written consent of FileCloud; or remove any proprietary trademark, copyright or notices in the Product. Any use in violation shall immediately terminate your license to the Product.

A single FileCloud License is valid only for a single licensed domain which could be served by a single server or a cluster of servers running on physical or virtual machines across datacenters. Unless you are a FileCloud authorized Service Provider partner, you will need separate licenses for each domain for a multi-tenant installation or to run FileCloud software on multiple domains. Using a single FileCloud license for multiple domains is a violation of this EULA.

Your FileCloud license limits the number of licenses, including both full and external licenses, you can create but permits you to create an unlimited number of external users under certain conditions. To prevent User from using external accounts for internal uses, the system assumes that your FileCloud site domain including its sub-domains and sibling domains and any domain used by at least 10% of your licensed (both full and external) users as internal domains.

For more details on the Domain Limitations for External Users, refer to the following link: https://www.filecloud.com/supportdocs/fcdoc/latest/server/filecloud-administrator-guide/filecloud-site-setup/user-settings/new-account-creation/domain-limitations-for-external-users

6. General

FileCloud does not guarantee that use of the Product will be uninterrupted and error free. You acknowledge that the performance of the Product may be affected by any number of factors, including without limitation, technical failure of the Product, the acts or omissions of third parties and other causes reasonably beyond the control of FileCloud. Certain features of the Product may not be forward-compatible with future versions of the Product and use of such features with future versions of the Product may require purchase of the applicable future version of the Product. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances or the remaining provisions hereof under all circumstances. FileCloud’s failure to enforce at any time any of the provisions of this EULA shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by FileCloud of any provision, condition or requirement of this EULA shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this EULA, no default, delay or failure to perform on the part of FileCloud shall be considered a breach of this EULA if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of FileCloud. This EULA represents the complete agreement concerning the agreement between you and FileCloud.

7. Limitation of Liability

To the maximum extent permitted by law, FileCloud shall not be liable for any direct, indirect, incidental, special, consequential, incidental, or punitive damages, including but not limited to lost profits, loss or corruption of data, or for cost of procurement of substitute technology arising out of the use or inability to use the Product irrespective of whether FileCloud or its Suppliers has been advised of the possibilities of such damages. FileCloud’s maximum liability for damages shall be limited to the license fees received by FileCloud in the 12 months before the dispute for the particular product(s) which caused the damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

8. Termination

This EULA is effective until terminated. This EULA shall terminate automatically if you fail to comply with all of the terms herein. No notice shall be required from FileCloud to affect such termination. Upon termination, you must cease all use of the Product, uninstall and destroy all copies in your possession.

9. Export Compliance

The User agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce. Specifically, each party covenants that it shall not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any Software, source code, or technology received from the other party under this EULA to any country or any individual national thereof subject to antiterrorism controls or U.S. embargo, or to any other person, entity, or destination prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

10. Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of Delaware in the United States of America. Any legal action arising out of this EULA shall be brought in the courts of Delaware. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

11. U.S. Government Rights

The Product under this EULA is Commercial Computer Software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this Commercial Computer Software and Commercial Computer Software Documentation subject to the terms of this EULA as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this Commercial Computer Software and Commercial Computer Software Documentation subject to the terms of this EULA as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFAR”) and its successors.

12. Entire Agreement

This EULA constitutes the entire agreement between you and FileCloud with respect to the Product and supersedes all prior or contemporaneous understandings or agreements, written or oral, and all other communications between FileCloud and you relating to this EULA.

13. Reservation of Rights

All rights not expressly granted in this EULA are reserved by FileCloud including but not limited to the right to adjust subscription prices of FileCloud Products and the right to modify the provisions of this EULA. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to sending an email to your registered email address or posting on FileCloud’s website. You acknowledge and agree that it is your responsibility to review and to be aware of any modifications after such communication. Your continuous use of FileCloud Products after such modifications will constitute your acknowledgment and agreement to abide and be bound by the updated terms.

14. Injunction

Because FileCloud would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that FileCloud shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as FileCloud may otherwise have under applicable laws.

15. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless FileCloud, its subsidiaries, affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, developers, content providers, and other users of the Product, from all damages, losses, liabilities, claims and expenses, including attorneys’ fees, arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this EULA or any breach of this EULA by you. FileCloud reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

16. FileCloud Online and Technical Support Services

Subject to the terms and conditions of this EULA, you may be granted Support Services based on the products and services you purchased from FileCloud. Your FileCloud Online Terms of Service is located at https://www.filecloud.com/filecloud-online-tos/ and the Technical Support Entitlements Terms of Service can be found at https://www.filecloud.com/filecloud-support-entitlements-tos/.

17. FileCloud Relay Service

FileCloud offers relay infrastructure and services that enable you to create, open, edit and save Microsoft Office files stored in FileCloud using Microsoft Office 365. On User’s request to create, open, edit or save, FileCloud Relay Service (“FRS”) transmits the contents of the files between your FileCloud Server instance and Microsoft Office services, run by Microsoft. FRS only transmits the files and doesn’t store them. FileCloud uses secure HTTPS for transmitting files between servers. When using the FRS you agree (a) not to interfere or disrupt networks connected to FRS; (b) not to use FRS to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (c) not to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems or interfere with another user’s service. FileCloud reserves the right to modify, alter or terminate this service at any time and offer it as a paid-only service in the future. Microsoft and Office 365 are trademarks of the Microsoft group of companies.

18. FIPS 140-2 Mode

When using FileCloud Products with FIPS mode enabled, such usage of additional product modules licensed from SafeLogic is subject to the following additional terms: (a) SafeLogic product must only be used bundled with FileCloud Products and cannot be used separately or by itself. (b) You cannot sublicense, assign or transfer the SafeLogic product. (c) You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of SafeLogic product or any part thereof except to the extent permitted by law. (d) All rights and ownership regarding SafeLogic product remains with SafeLogic. (e) You expressly understand and agree that your use of SafeLogic product is at your sole risk and that the modules are provided “as is” and “as available” and “without warranty of any kind.” The same warranty disclaimer and limitation of liability provisions in this EULA applies. (f) You agree that any export or re-export of SafeLogic product will comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce.

19. Grant of Publicity Rights

The User grants FileCloud the right to include the User’s entity name and logo as a customer on FileCloud’s website and other promotional and advertising materials. You can opt out of such use with a written request sending to FileCloud at legal@filecloud.com and FileCloud will cease to include the User’s entity name and logo in FileCloud’s promotional and advertising materials.

20. Privacy

FileCloud is committed to protecting your privacy. We work hard to ensure the safety of the information you shared with us. You can review FileCloud’s Product Privacy Notice at https://www.filecloud.com/product-privacy-notice to understand what information we collect, why we collect it and how we manage it while you are using FileCloud Product. You agree our Product Privacy Notice applies to your use of our Product.

21. Lawful Use

You will use FileCloud solely for lawful purposes. You may not, without limitation (a) knowingly intercept or monitor, damage or modify any system communication which is not intended for you; (b) knowingly use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble FileCloud Product; (c) knowingly send any unsolicited commercial communication not permitted by applicable law; (d) knowingly expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable; (e) knowingly use FileCloud to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of any third party; or (f) knowingly use any material or content that is subject to any third party proprietary or intellectual property rights, unless you have a license or permission from the owner of such rights. If the law of your country or applicable jurisdiction prohibits you from downloading or using FileCloud Product because you are under the age limit or because FileCloud Products are not permitted to use, you agree not to use FileCloud Product and to indemnify and hold FileCloud harmless from such use.

22. Assignment

FileCloud may assign this agreement and all rights and/or obligations to a third party without notice, including without limitation for the purpose of collection of unpaid receivable amounts, or in the event of a Change of Control, Corporate Restructure, Merger or Sale of substantially all assets to another party. You hereby consent to such assignment. In this regard, we may assign the rights and obligations under this EULA. You should continue making all payments to the successor(s) accordingly, unless notified otherwise.

23. Miscellaneous

In order to provide you with better FileCloud products and services, FileCloud periodically provides new software updates to its active Users. However by accepting this EULA, you acknowledge and agree that FileCloud is under no obligation to make subsequent versions of FileCloud Product, except in the case of security vulnerability patches, you may be required to download and install an updated version of Product. FileCloud reserves the right to discontinue bug fixes and Product support for outdated Product versions. For more details, please refer to FileCloud’s Software Lifecycle Policy at https://www.filecloud.com/software-lifecycle-policy.

By clicking “I Agree” or installing the software, you acknowledge that you have read and understood this EULA and agree to be bound by its terms. You confirm that you are legally authorized to represent on behalf of your entity and you are of legal age to form a binding contract in your country and jurisdiction.

Date: October 17th, 2023

FileCloud Privacy Policy

Your privacy is important to us. This Privacy Policy covers what we collect and how we use, disclose, transfer, and store your personal data. Depending on each situation at hand, further information and action may be provided and concluded prior to any personal data processing activity.

I. INTRODUCTION

This Privacy Policy discloses the privacy practices for the FileCloud Products, the http://www.filecloud.com website, and various related services (together referred to as the “Site“). CodeLathe Technologies, Inc. dba FileCloud (“FileCloud”, “we,” “us,” or “our”) is committed to protecting your privacy. We recognize that information privacy is an ongoing responsibility, and so we will from time to time update this Privacy Policy as we undertake new personal data practices or adopt new privacy regulations. Please read the information below to learn the following regarding your use of our Site. You acknowledge that this Privacy Policy is part of our Site Terms of Use.

We recognize that information privacy is an ongoing responsibility, and so we will from time to time update this Privacy Policy as we undertake new personal data practices or adopt new privacy regulations. Please read the information below to learn the following regarding your use of our Site. You acknowledge that this Privacy Policy is part of our Site Terms of Use.

II. DATA CONTROLER

Unless otherwise stated in a service-specific privacy notice, the data controller responsible for processing your information depends on where you are based is:
FileCloud Technologies Limited
Hamilton House 2,
Limerick, Ireland
Company registration number IE 3991657RH.
Email: You may submit inquiries regarding personal data protection, privacy and security matters to: dpo@filecloud.com

III. WHAT IS FILECLOUD AND WHAT PRODUCTS DOES IT OFFER?

FileCloud makes computer software, services and offers relevant support for computer software (FileCloud Enterprise Server and FileCloud Enterprise Online). Further information is available at FileCloud Server Terms of Use or FileCloud Online Terms of Use. The products and services FileCloud provides are referred to as “Services” and/or “Products”.

IV. GENERAL INFORMATION ABOUT THE COLLECTION AND PROCESSING OF YOUR PERSONAL DATA

1. What categories of persona data does FileCloud collect?

The types of personal data we receive and collect depend on how you use our Services. We require certain information in accordance with our Terms of Use to deliver and/or provide our Services and without this we will not be able to provide and/or deliver our Services to you.
Our Services have optional features which and if used, we may require additional information. You will be notified of such a collection, as appropriate before the processing activity and with the observance of the applicable legal provisions. If you choose not to provide the information needed to use a feature, you will be unable to use the feature.

We receive and store personal data such as:

A. Information you provide to us:

We collect information you provide to us which includes:

  • a. your name, email address, telephone number, country of residence, region, address, company you are employed with or represent. We collect this information in a number of ways, including when you enter it while registering on our Site, when you update your account, interact with our customer service, or participate in surveys. We refer to this information as User Data;
  • b. Information required for troubleshooting technical issues related to using FileCloud software, via emails, discussion forums and other avenues
  • c. payment method(s) (cardholder name, card expiration date, the card type, and certain digits of your card number (Note: For security, we never store your full card number), and CVV / CVC code; this information is transmitted to our payment processor. We refer to this information as Payment and Purchase Data.
  • d. When you respond to a survey or take part in user research, we collect and use the personal data you provide. We refer to this information as Survey and Research Data.

B. Information we collect automatically:

We collect information about you and your use of our Services, your interactions with us and our advertising, as well as information regarding your network, network devices, and your computer or other capable devices you might use to access our service (e.g. mobile devices). We refer to this information as Usage Data.

This information includes:

  • a. your interactions with our emails and texts, and with our messages through push and online messaging channels;
  • b. details of your interactions with our customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings. If the customer service is not provided by us, but is provided by INTERCOM, more information related to the personal data processing activity will be available in the privacy policy of the customer service provider.
  • c. device IDs or other unique identifiers, including for your network devices (such as your router);
  • d. device and software characteristics (such as type and configuration), connection information including type (Wi-Fi, cellular), statistics on page views, referring source (for example, referral URLs), IP address (which can be used to tell us your general location, such as your city, state/province, and postal code), browser and standard web server log information;
  • e. information collected via the use of cookies, web beacons and other technologies, including ad information (such as information on the availability and delivery of ads, the site URL, as well as the date and time).

C. Information from other sources:

We also obtain information from other sources. We protect this information according to the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the information. These sources vary over time, but could include:

  • a. service providers that help us determine a location based on your IP address in order to customize our service and for other uses consistent with this Privacy Policy;
  • b. security service providers that provide us with information to secure our systems, prevent fraud and help us protect the security of our accounts;
  • c. payment service providers that provide us with payment or balance information, or updates to that information, based on their relationship with you.

2. How does FileCloud use this information and for what purpose?

The table below sets out:

  • our purpose for processing your personal data;
  • our legal justifications (each called a “legal ground”) under data protection law, for each purpose;
  • categories of personal data which we use for each purpose.

Here is a general explanation of each legal ground to help you understand the table:

  • Performance of a Contract (Legal ground: Article 6 paragraph (1) letter (b) of the GDPR):
    When we (or a third party) process your personal data in order to:
    • comply with our contractual obligations concluded with you. This includes FileCloud’s obligations under the Terms of Use to provide the Services and/or Products, or
    • verify information before a new agreement with you is concluded.
  • Legitimate Interest (Legal ground: Article 6 paragraph (1) letter (f) of the GDPR):
    When we or a third party has a legitimate interest in using your personal data in a certain way, which is necessary and justified considering any possible risks to you and other users.
  • Consent (Legal ground: Article 6 paragraph (1) letter (a) of the GDPR): When we asks you to actively indicate your agreement to our use of your personal data for a certain purpose.
  • Compliance with Legal Obligations (Legal ground: Article 6 paragraph (1) letter (c of the GDPR): When we must process your personal data to comply with any applicable legal provisions.
Purpose for processing your data Legal basis that permits the purpose Categories of personal data used for the purpose
To provide our Services and/or Products to you. For example, when we use your personal data to:
  • Set up an account for you and to future verify your identity;
  • Personalize your account;
  • Process or deliver orders made via our websites, invoice you or notify you of the status of your order;
  • Provide you with customer support and to help troubleshoot problems;
  • Inform you about FileCloud software updates and issues.
 Performance of a Contract
  • User Data;
  • Usage Data;
  • Payment and Purchase Data.
To provide certain additional voluntary features of our Services. When this is the case, we will clearly ask for your consent. Consent
  • User Data;
  • Usage Data;
  • Survey and Research Data;
  • Payment and Purchase Data.
To evaluate and develop new features, technologies, and improvements to our Site. For example:
  • We use personal data to develop and improve our personalized recommendation algorithms;
  • We analyse how our users react to a particular new feature and see whether we should make any changes.
 Legitimate Interest
Our legitimate interests here include developing and improving Products/Services and features for our users.
  • User Data
  • Usage Data
  • Survey and Research Data
For marketing or advertising where the law requires us to collect your consent. For example, when we use cookies to understand your interests, or the law requires consent for email marketing. Consent
  • User Data;
  • Usage Data.
For other marketing, promotion and advertising purposes where the law does not require consent. For example, when we use your personal data to tailor advertising to your interests. Legitimate Interest
  • User Data;
  • Usage Data.
To comply with a legal obligation that we are subject to. This might be:
  • An obligation under the law of the country / region you are in or
  • Any EU or other law that applies to us.
 Compliance with Legal Obligations
  • User Data;
  • Usage Data;
  • Payment and Purchase Data;
  • Survey and Research Data.
To comply with a request from law enforcement, courts, or other competent authorities. Compliance with legal obligations, and legitimate interest. Our legitimate interests here include assisting law enforcement authorities to prevent or detect serious crime.
  • User Data;
  • Usage Data;
  • Payment and Purchase Data.
To fulfil contractual obligations with third parties. Performance of a Contract
  • User Data;
  • Usage Data;
  • Payment and Purchase Data.
To take appropriate action with reports of intellectual property infringement and inappropriate content. Legitimate Interest
Our legitimate interests here include protecting intellectual property and original content.
  • User Data;
  • Usage Data;
  • Payment and Purchase Data.
To establish, exercise, or defend legal claims. For example, if we are involved in litigation and we need to provide information to our lawyers in relation to that legal case. Legitimate Interest
Our legitimate interests here include:
  • seeking legal advice
protecting ourselves, our users or others in legal proceedings
  • User Data;
  • Usage Data;
  • Payment and Purchase Data.
To conduct business planning, reporting, and forecasting. For example, when we look at aggregated user data like the number of new sign ups in a country in order to plan new locations to launch our products and features in. Legitimate Interest
Our legitimate interests here include researching and planning so that we can keep running our business successfully.
  • User Data;
  • Usage Data;
  • Payment and Purchase Data.
To process your payment. For example, when we use your personal data to let you purchase a subscription. Performance of a Contract
  • User Data;
  • Payment and Purchase Data.
To keep our Website secure and to detect and prevent fraud. For example, when we analyse Usage Data to check for fraudulent use of the Services. Legitimate Interest
Our legitimate interests here include protecting our Website and our users against fraud and other illegal activity.
  • User Data;
  • Usage Data;
  • Payment and Purchase Data.
To conduct research and surveys. For example, when we contact our users to ask for your feedback. Legitimate Interest
Our legitimate interests here include to understand more about how users think about and use our Services.
  • User Data;
  • Usage Data;
  • Survey and Research Data.

V. LEGAL FRAMEWORKS FOR DATA TRANSFERS

Except as mentioned below, we shall not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content to any third party without your explicit consent, unless it is obliged to do so under applicable laws or by order of the competent authorities.

In addition, disclosure may take place in connection with official enquiries, court orders and legal proceedings if it is necessary for legal prosecution or enforcement. When governments make a lawful demand for customer data from us, we strive to limit the disclosure. We will only release specific data mandated by the relevant legal demand.

If compelled to disclose your data, we will promptly notify you and provide a copy of the demand unless legally prohibited from doing so.

If we commission third parties with the collection, processing and use of data within the scope of commissioned processing in accordance with Art. 28 GDPR, this will also take place exclusively in compliance with the statutory provisions on data protection.

Data Transfer to third Countries

We maintain servers in different regions and your information may be processed on servers located outside the country where you live and outside the EEA. Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in this Privacy Policy. We also comply with certain legal frameworks relating to the transfer of data, such as the frameworks described below.

Where the European Commission has not issued an adequacy decision (Art. 45 GDPR) for the aforementioned countries, we have taken appropriate precautions to ensure an adequate level of data protection for any data transfers.

If a third country transfer is provided for and no adequacy decision or appropriate safeguards are in place, it is possible and there is a risk that authorities in the respective third country (e.g. intelligence services) may gain access to the transferred data in order to collect and analyze it, and that enforceability of your data subject rights cannot be guaranteed. In this situation, we will rely on Article 49 paragraph (1) letter a) of the GDPR, and obtain your prior consent.

VI. LINKED WEBSITES AND THIRD-PARTY APPLICATIONS

FileCloud websites may contain links that will let you leave FileCloud’s website and access another website. Linked websites are not under the control of FileCloud, and it is possible that these websites have a different privacy policy. This privacy policy applies solely to personal information that is acquired on the websites or through your use of the FileCloud software, FileCloud products and/or your relationship with FileCloud, so FileCloud urges you to be careful when you enter any personal information online. FileCloud accepts no responsibility or liability for these other websites.

VII. HOW DOES FILECLOUD PROTECT YOUR PERSONAL INFORMATION?

FileCloud shall take appropriate organizational and technical measures to protect the personal data provided to it or collected by it with due observance of the applicable obligations and exceptions under the relevant legislation. Your customer profile and traffic data can only be accessed by authorized employees or consultants of FileCloud that need to have access to this data in order to be able to fulfill their given duties.

VIII. CONTACTING YOU

FileCloud may, as an opt-in feature, from time to time ask you to provide feedback on your experiences which will be used to measure and improve quality. You are at no time under any obligation to provide any of such data. Any and all information which is voluntarily submitted in feedback forms on the website or any survey that you accept to take part in is used for the purposes of reviewing this feedback and improving the FileCloud software products and websites.

IX. UPDATES

FileCloud reserves the right to modify the provisions of this Privacy Policy if deemed necessary. We will inform you of these changes by publishing the revised Privacy Statement at http://www.filecloud.com/privacy. Such changes, modifications, additions or deletions to the Privacy Policy shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an email/posting in the forums and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to review this site and this Privacy Policy periodically and to be aware of any modifications.

Your continued use of the site after such modifications will constitute your:

(a) acknowledgment of the modified Policy; and

(b) agreement to abide and be bound by the modified Privacy Policy.

X. YOUR PERSONAL DATA RIGHTS AND CONTROLS

The table below explains:

  • your rights
  • circumstances when they apply (such as the legal basis required)
  • how to use them.
Description of your rights
Be informed Be informed of the personal data we process about you and how we process it
Access Request access to the personal data we process about you
Rectification Request that we amend or update your personal data where it’s inaccurate or incomplete.
Erasure Request that we erase certain of your personal data. For example, you can ask us to erase personal data:
  • that we no longer need for the purpose it was collected for;
  • that we process based on the legal basis of consent, and you withdraw your consent;
  • when you object (see section ‘Object’ below) and
    1. you make a justified objection, or
    2. you object to direct marketing.
There are situations where it is unable to delete your data, for example when:
  • it’s still necessary to process the data for the purpose we collected it for;
  • our interest in using the data overrides your interest in having it deleted. For example, where we need the data to protect our services from fraud;
  • we have a legal obligation to keep the data, or
  • we need the data to establish, exercise or defend legal claims.
Restriction Request that we stop processing all or some of your personal data. You can do this if:
  • your personal data is inaccurate;
  • our processing is unlawful;
  • we do not need your information for a specific purpose, or
  • you object to our processing and we are assessing your objection request. See section ‘Object’ below
You can request that we stop this processing temporarily or permanently.
Object Object to us processing your personal data. You can do this if:
  • FileCloud is processing your personal data on the legal basis of legitimate interests, or
  • FileCloud is processing your personal data for tailored advertising.
Data portability Request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service.
Not be subject to automated decision making Not be subject to a decision based solely on automated decision making (decisions without human involvement), including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
Withdrawal of consent Withdraw your consent to us collecting or using your personal data. You can do this if we process your personal data on the legal ground of consent.
Right to lodge a complaint Contact the Authority for Privacy Protection about any questions or concerns.

Please send your requests to dpo@filecloud.com. We will respond to your requests within a reasonable period of time and upon verification of your identity. FileCloud will use its best endeavors to accommodate all your requests in due time.

XI. STORAGE AND DELETION OF YOUR DATA

As a general rule we only store personal data for as long as is necessary to fulfill contractual or legal obligations for which we collected the data. After that, we delete the data immediately, unless we still need the data until the expiry of the statutory limitation period for evidence purposes for claims under civil law or due to statutory retention obligations.

We delete or block the personal data of the data subject as soon as the purpose of the storage is fulfilled. It may also be stored if provided for by the European or national legislator in EU regulations, laws or regulations to which we are subjected to.

XII. MINIMUM AGE REQUIREMENT TO USE FILECLOUD AND OTHER PRODUCTS

You must be at least 18 years old to have our permission to use this site. Our policy is that we do not knowingly collect, use or disclose information about visitors that are under 18 years of age.

XIII. MISCELLANEOUS PRIVACY ISSUES

You should also be aware that when information is voluntarily disclosed (i.e. your name, email address, etc.) in the discussion forums or other public areas on this site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Privacy Policy does not apply to such information. Any submissions to chat rooms or other public areas such as the discussion forums on this site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you’re online.

XIV. COOKIES

When you use our site, we may store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a web site stores on your computer’s hard drive (if your web browser permits) that can later be retrieved to identify you to us. Our cookies store authentication information for secure areas of our website and other information necessary for the functioning of the site. The cookies make your use of the site easier, make the site run more smoothly, and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case. To learn more about how we use cookies, visit our Cookie Policy.

Date of Last Revision: November 16, 2023

Worldwide

FileCloud
13785 Research Blvd, Suite 125
Austin TX 78750, USA

Phone: +1 (888) 571-6480
Fax: +1 (866) 824-9584

Europe

FileCloud Technologies Limited
Hamilton House 2,
Limerick, Ireland

Contact Sales

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  • End Users

  • Administrators

Introduction

End Users

  • Introduction
  • Web Portal
  • My Files, Team Folders and Network Shares
  • File Operations
  • File Details
    (Activity, Metadata, Comments)
  • File Sharing
  • Share Options and History
  • Shared by Me
  • Conclusion

Administrators

  • Login
  • Admin Dashboard
  • User Management
  • Group Management
  • Team Folders
  • Network Shares
  • User Shares
  • Device Management
  • Governance Dashboard
  • Smart DLP
  • Other Tools
    (Workflows, Metadata, Reports)
  • Customization

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