Loading header...
Back to Home

Terms of Service

Last Updated: June 15, 2023

Welcome to FileOwl, a project management application provided by FileOwl, Inc. ("FileOwl", "we", "us", or "our"). By accessing or using our website at fileowl.app or the FileOwl application (the "Service"), you agree to be bound by these Terms of Service ("Terms").

Please read these Terms carefully before using our Service. If you do not agree to these Terms, you must not access or use the Service.

1. Accounts and Registration

To access certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to maintain its accuracy.

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

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, incomplete, or not current.

2. License and Service Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your personal or internal business purposes.

You agree not to:

  • License, sell, rent, lease, transfer, assign, distribute, or commercially exploit the Service
  • Modify, create derivative works, disassemble, reverse compile, or reverse engineer any part of the Service
  • Access the Service to build a similar or competitive product or service
  • Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Service except as expressly permitted
  • Use the Service in any way that violates applicable laws or regulations
  • Use the Service to store or transmit malicious code, or engage in any activity that interferes with or disrupts the Service
  • Attempt to gain unauthorized access to the Service or related systems or networks

3. Subscription and Payment

Some aspects of the Service may be provided on a subscription basis. By selecting a subscription plan, you agree to pay the subscription fees as described at the time of purchase.

Subscription fees are billed in advance on a recurring basis, depending on the billing cycle you select (monthly, annually, etc.). Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date.

We reserve the right to change our subscription fees upon reasonable notice. If you continue to use the Service after a fee change takes effect, you accept the new fees.

All payments are non-refundable unless otherwise specified in our refund policy or required by law. In case of an error in the fee charged, please contact our customer support.

4. User Content

The Service may allow you to upload, submit, store, send, or receive content such as text, files, images, and other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content.

By submitting User Content to the Service, you grant FileOwl a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, distribute, publish, and process the User Content solely for the purpose of providing and improving the Service.

You represent and warrant that:

  • You own or have the necessary rights to your User Content and the right to grant the license to us
  • The User Content does not infringe upon or violate the rights of any third party
  • The User Content does not contain any material that is defamatory, obscene, unlawful, threatening, or otherwise objectionable

We reserve the right to review, remove, or modify User Content that we determine, in our sole discretion, violates these Terms or our policies, or is otherwise objectionable.

5. Privacy and Data Security

Our Privacy Policy describes how we collect, use, and share your personal information. By using the Service, you acknowledge and agree to the collection and use of your information as described in our Privacy Policy.

You understand that despite our efforts to maintain the security of the Service, the transmission of information via the internet is not completely secure. While we strive to protect your personal information, we cannot guarantee the security of any information transmitted to or from the Service.

6. Intellectual Property Rights

The Service and its original content, features, and functionality (excluding User Content) are owned by FileOwl and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The FileOwl name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FileOwl or its affiliates. You may not use such marks without our prior written permission.

7. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by FileOwl. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that FileOwl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

8. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FILEOWL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FILEOWL MAKES NO WARRANTY THAT:

  • THE SERVICE WILL MEET YOUR REQUIREMENTS
  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
  • ANY ERRORS IN THE SERVICE WILL BE CORRECTED

10. Limitation of Liability

IN NO EVENT SHALL FILEOWL, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
  • ANY CONTENT OBTAINED FROM THE SERVICE
  • UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless FileOwl, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Service.

12. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

You agree that any claim you may have arising out of or related to your relationship with FileOwl must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by posting the new Terms on the Service, updating the "Last Updated" date, and/or providing other notice as we deem appropriate.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new terms, you must stop using the Service.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

The failure of FileOwl to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms to which you agree when using particular elements of the Service, constitute the entire agreement between you and FileOwl regarding the Service and supersede all prior agreements and understandings, whether written or oral.

16. Contact Information

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

Email: legal@fileowl.app

Phone: +1 (800) 123-4567