Filosync Terms of Use

Last updated August 19, 2013; please check http://www.filosync.com/terms_of_use.html for updates.

These terms of use (the "Terms") govern your use of Filosync products (the "Product"), so please carefully read them before using the Product.

By using the Product you agree to be bound by these Terms. If you are using the Product on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

You may use the Product only in compliance with these Terms. You may use the Product only if you have the power to form a contract with Filosync Corporation and are not barred under any applicable laws from doing so. The Product may continue to change over time as we refine them and add more features. We may modify or discontinue the Product at any time without prior notice to you.

Privacy

All of the information and data that you give to us is governed by our Privacy Policy. We need to be able to contact you by email in order to communicate important information such as announcements and service information. You can not opt-out of receiving these messages, and you are responsible for ensuring that emails Filosync Corporation sends to your email address are able to reach you.

Your Files

Filosync Corporation understands the critical importance of security and privacy for your files and has taken strong measures to protect your files. You use Filosync Product with your own Amazon Web Services ("AWS") account. Filosync Corporation has no access to your files. Before your files are copied to your AWS account, they are encrypted with a key that resides on your device(s) but not in your AWS account (unless you use the "Share via Link" feature described below). Thus, it is extremely important that you follow the instructions sent when you created your Filosync Server and back up your encryption key. If you lose all copies of the encryption key, the files in your AWS account will become unreadable.

If you choose to share a file or folder using the "Share via Link" feature, the encryption key will be stored in your AWS account in a form suitable for decrypting the file or folder that you have chosen to share. The "Share via Link" feature can be disabled by you as the owner of the Filosync Server.

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Product. Filosync Corporation does not assert any property right over your files.

Termination

You can stop using the Product at any time. We reserve the right to suspend or end your use of the license to the Product at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use of the license to the Product if you are not complying with the Terms.

Filosync is available "AS-IS"

THE PRODUCT IS PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Filosync Corporation is not responsible for any damage to your computer system, loss or corruption of data, or other harm that results from your use of the Product. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FILOSYNC CORPORATION, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FILOSYNC CORPORATION HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCT MORE THAN THE GREATER OF $50 OR THE AMOUNTS PAID BY YOU TO FILOSYNC CORPORATION FOR THE PAST ONE MONTH USAGE OF THE PRODUCT IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. Further, the consumer agrees that using the Product in any way illegal, or even for the purposes of assessing its viability for illegal usage, is prohibited.

Modifications

In the event that Filosync Corporation makes changes to the Terms, the modified Terms will be posted on our web site. You agree to the new posted Terms by continuing your use of the Product. If you do not agree to the modified Terms, your only remedy is to discontinue using the Product.

Miscellaneous Legal Terms

Filosync Corporation is a Delaware corporation. As such, the laws of the State of Delaware and US federal law govern these terms without regard to conflicting law or provisions in your state or country. All claims arising out of or relating to these Terms or the Products must be litigated exclusively in the federal or state courts of New Castle County, Delaware. You agree to waive any objection to the jurisdiction and venue of such courts, and to waive any objection as to it being an inconvenient forum. These Terms constitute the entire and exclusive agreement between you and Filosync Corporation with respect to the Product, and supersede and replace any other agreements, terms and conditions applicable to the Product. These Terms create no third party beneficiary rights. Filosync Corporation’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Filosync Corporation may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Product.