Terms of Service Agreement
Last Updated May 2, 2016
1. ACCEPTANCE OF TERMS
FileThis, Inc. (“FileThis”) welcomes you. FileThis provides its service (the “Service”) subject to the following Terms of Service (“TOS”), which will be updated from time to time. When we update the TOS we will send you an email to the email address associated with your account. You agree that such an email will constitute notice to you. You may review the most current version of the TOS at your convenience at: https://filethis.com/terms-of-service/. Your use of the Service INDICATES THAT YOU ACCEPT THE TERMS OF THESE TOS. If you have any problems or reservations regarding our Terms of Service, please do not use FileThis products and let us know if we can help.
To benefit fully from the Service, FileThis requires access to your accounts with your trusted service providers such as financial institutions, utilities, insurance companies, etc. (“Providers”). For the purpose of this Agreement, “Content” shall mean any documents (including bills, statements or other notices) or account information (including account names and numbers, balances, billing information, etc.) that FileThis retrieves from your Providers.
When you ask FileThis to obtain Content for you, you agree that FileThis is acting as your agent and not the agent of anyone else. All Content that is yours remains yours and FileThis has no rights with respect to it, except to the extent that it is acting as your agent and holding it to provide the Service for your benefit.
2. DESCRIPTION OF SERVICE
FileThis is your agent in obtaining Content from your Providers. The Content that FileThis retrieves for you is stored online and is yours. FileThis retrieves online documents such as monthly statements, bills, or other such documents from your Providers,. FileThis also retrieves certain account information, such as current account balance for statement accounts, or amount due and due date for billing accounts. The Service retrieves this Content to help you manage your financial and household accounts. The Service also helps you organize your Content through user or computer generated tags and/or the use of graphic and semantic analysis (“Analysis”).
Generally, the Content retrieved by FileThis from your Providers is an accurate reflection of your actual account data, and the Analysis is an accurate reflection of the Content. However, in some cases it may not be due to formatting, changes by Providers, or other causes. Therefore before relying on the Content or the Analysis of the Content as presented by the Service, it is a good idea to do a quick check yourself.
FileThis from time to time offers additional tools that make it convenient for you to organize and store your Content. One such tool, “FileThis Drop”, for example, allows you to designate a folder on your computer to drag and drop any files you wish to be stored in FileThis’ secure cloud storage, “FileThis Cloud”. Another tool, “FileThis Fetch” allows you to designate a local folder on your computer to store your files, rather than storing them at third party service providers. All such tools are subject to these Terms of Service and your use of such tools indicates your agreement that they are governed by the terms set forth herein.
3. YOU GRANT FILETHIS THE ABILITY TO GET YOUR CONTENT FOR YOU.
In order to provide the Service, you may ask us to acquire Account Information on your behalf from third-party websites that are governed by privacy provisions of federal laws, including the Communications Act of 1934, the Health Insurance Portability and Accountability Act, and the Gramm-Leach-Bliley Act. You consent to our accessing, receiving and storing this information on your behalf. You agree and understand that you are responsible for maintaining the confidentiality of your password that, together with your Login ID email address, allows access to the Service. Your Login ID and password, together with any mobile number or other contact information you provide constitute your “Registration Information”. By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, so that FileThis has your most current contact information. If you become aware of any unauthorized use of your Account Information and Registration Information, you agree to notify FileThis as soon as possible at the email address email@example.com. We recommend you change your password regularly. In order for the Service to function effectively, you must keep your Account Information and Registration Information up to date and accurate.
Protecting your Content and your account passwords and user names is very important to us. We make every effort to ensure that these are secure against unauthorized access and disclosure using a variety of authentication, encryption and security processes and procedures. You can read more about our security practices over here. However, in the Internet Age, there is no 100% guarantee of such security and you understand this and agree that the Service is provided “AS-IS” and without warranty or guarantee.
As a measure of the confidence that FileThis has in its security precautions, FileThis officers use the Service just the way you will.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of the legal age and mental capacity to form a binding contract. You also agree to: (a) provide accurate information about yourself as prompted by the Service’s registration form (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or FileThis has reasonable grounds to suspect any of the foregoing, FileThis has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a password and account designation (login) as part of the Service’s registration process. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account.
7. MEMBER CONDUCT
You understand that Content stored under your account is your sole responsibility. This means that you, and not FileThis, are entirely responsible for all Content that you upload, post, store, transmit, make available or otherwise use (“Post”) via the Service.
FileThis exercises no editorial control of the Content you Post via the Service. Under no circumstances will FileThis be liable in any respect for anything in connection with the Content, including, but not limited to, any errors or omissions, claims of intellectual property infringement or loss or damage of any kind. If you believe that anyone’s use of FileThis violates a copyright please notify us. Our policy regarding copyright violation is set forth at https://filethis.com/dmca/.
You agree to not use the Service to:
a. Post any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, or invasive of another’s privacy;
b. harm minors in any way;
c. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
d. Post Content to which you do not have a legal right;
e. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
f. violate any applicable law;
g. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization;
h. collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
FileThis shall have the right to remove any Content that violates the TOS. You acknowledge and agree that FileThis may access, preserve and disclose your Account Information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FileThis, its users and the public.
You understand and consent to the technical processing and transmission of the Service, including the automated identification, Content analysis, and sorting of your Content, which includes (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) processing, indexing, analyzing, compressing, encrypting and maintaining backups of your Content.
You agree to indemnify and hold FileThis and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, suits, complaints, damages, awards, losses or demands, including attorneys’ fees (“Claims”), made by any third party due to or arising from Content you Post through the Service.
9. MODIFICATIONS TO SERVICE
FileThis reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FileThis’ sole liability to you or to any third party for any Claims arising from the modification, suspension or discontinuance of the Service, including any Claims arising from the loss of Content or an interruption of business caused by the suspension or discontinuance of the Service shall be limited to a refund of any unused portion of the amounts paid by you to FileThis.
You agree that FileThis may, under certain circumstances and without prior notice, immediately terminate your FileThis account and access to the Service. Cause for such termination may include, but shall not be limited to, (a) breaches or violations of the TOS or other FileThis agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Service.
11. PROPRIETARY RIGHTS
FileThis does not gain copyrights to your Content; your Content belongs to you. You acknowledge and agree that the Service and any software provided in connection with the Service (“Software”) contain proprietary and confidential information belonging to FileThis. You agree not to modify or reverse engineer the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the methods provided by FileThis for use in accessing the Service.
12. DISPUTE RESOLUTION
FileThis wants to address concerns without either party resorting to a lawsuit. Before filing a lawsuit, both parties agree to try to resolve the dispute by contacting the other party and using their best faith efforts to achieve a resolution.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT and/or using the SERVICE, YOU AND FILETHIS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND FILETHIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION SHALL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Any arbitrations shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and FileThis must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in San Francisco, CA. The arbitrator’s ruling shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in San Francisco, California. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in San Francisco, California.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FILETHIS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. FILETHIS MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THAT ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FILETHIS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FILETHIS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FILETHIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICE. (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL FILETHIS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF MONEY RECEIVED BY FILETHIS FROM YOU.
15. 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 OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
16. NO THIRD-PARTY BENEFICIARIES
You agree that there shall be no third-party beneficiaries to this agreement.
FileThis may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
The term “FileThis” is the registered trademark of FileThis, Inc.
This TOS constitutes the entire agreement between you and FileThis and governs your use of the Service. ● This TOS and the relationship between you and FileThis shall be governed by the laws of the State of California without regard to its conflict of law provisions. ● You and FileThis agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Francisco, California. ● The failure of FileThis to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. ● If any provision of the TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. ● You agree that regardless of any statute, or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. ● The section titles in the TOS are for convenience only and have no legal or contractual effect.