Terms of Service

Last updated: 10th July 2025

1. Acceptance of Terms

By accessing or using FileGuardian ("we," "us," or "our") services, you ("you" or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services.

2. Description of Service

Our platform provides a secure, GDPR-compliant document collection service that allows businesses to:

  • Create and manage customer contacts
  • Generate secure upload links for document collection
  • Facilitate secure document transmission without relying on email
  • Maintain compliance with data protection regulations

3. Account Registration and Security

3.1 Account Creation

  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must be at least 18 years old or the age of majority in your jurisdiction

3.2 Account Security

  • You are solely responsible for all activities under your account
  • You must notify us immediately of any unauthorized access or security breaches
  • We reserve the right to suspend or terminate accounts that violate these Terms

4. Acceptable Use

4.1 Permitted Use

You may use our service only for lawful business purposes in compliance with all applicable laws and regulations.

4.2 Prohibited Activities

You may not:

  • Upload or facilitate the upload of illegal, harmful, or infringing content
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Use the service to spam, harass, or distribute malicious content
  • Reverse engineer, modify, or create derivative works of our platform
  • Use the service in any way that could damage our reputation or operations

5. Data and Privacy

5.1 Data Processing

  • All data processing is conducted in accordance with GDPR and applicable data protection laws
  • Our servers and data centers are located exclusively within the European Union
  • Detailed information about data handling is provided in our Privacy Policy

5.2 Your Data Responsibilities

  • You are responsible for ensuring you have proper consent to collect documents through our platform
  • You must comply with all applicable data protection laws in your use of the service
  • You warrant that any data you process through our platform is collected lawfully

6. Billing and Payment

6.1 Subscription Fees

  • Subscription fees are processed through Paddle, our payment processor
  • Fees are billed in advance on a recurring basis according to your chosen plan
  • All fees are non-refundable except as expressly stated in these Terms

6.2 Payment Terms

  • You authorize us to charge your chosen payment method for all applicable fees
  • You are responsible for keeping your payment information current
  • Failure to pay may result in service suspension or termination

7. Refund and Cancellation Policy

7.1 No Refunds

No refunds are available for any subscription fees paid. All payments are final and non-refundable.

7.2 Cancellation

  • You may cancel your subscription at any time through your account settings
  • Upon cancellation, you will retain access to your account and all features until the end of your current billing period
  • No partial refunds will be provided for unused portions of your subscription period
  • After your subscription expires, your account will be downgraded or suspended according to our service tiers

7.3 Post-Cancellation

  • Following subscription expiration, your data will be retained according to our data retention policy
  • To resume service, you must subscribe to a new plan

8. Intellectual Property

8.1 Our Rights

  • We retain all rights, title, and interest in our platform, including all intellectual property rights
  • These Terms do not grant you any rights to our trademarks, copyrights, or other intellectual property

8.2 Your Content

  • You retain ownership of any content you upload or create using our service
  • You grant us a limited license to process, store, and transmit your content as necessary to provide our services

9. Service Availability and Modifications

9.1 Service Availability

  • We strive to maintain high service availability but do not guarantee uninterrupted access
  • We may perform maintenance that temporarily affects service availability

9.2 Service Modifications

  • We reserve the right to modify, suspend, or discontinue any aspect of our service
  • We will provide reasonable notice of material changes that affect your use of the service

10. Limitation of Liability

10.1 Disclaimer

Our service is provided "as is" without warranties of any kind, whether express or implied.

10.2 Liability Limits

To the maximum extent permitted by law:

  • Our total liability shall not exceed the amount you paid for the service in the 12 months preceding the claim
  • We shall not be liable for indirect, incidental, special, or consequential damages
  • We are not responsible for any data loss, business interruption, or lost profits

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

  • Your use of our service
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Any content you upload or process through our platform

12. Termination

12.1 Termination by You

You may terminate your account at any time by canceling your subscription.

12.2 Termination by Us

We may terminate or suspend your account immediately if:

  • You violate these Terms
  • You fail to pay applicable fees
  • We reasonably believe termination is necessary to protect our interests or other users

12.3 Effect of Termination

Upon termination, your right to use the service ceases immediately, and we may delete your data according to our retention policies.

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of Scotland, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or your use of our service shall be resolved through the courts of Scotland, applying Scottish law.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.

14.3 Amendment

We may update these Terms from time to time. We will notify you of material changes and your continued use constitutes acceptance of the updated Terms.

14.4 Contact Information

For questions about these Terms, contact us at:

FileGuardian
hello@fileguardian.co.uk

These Terms of Service are effective as of 10th July 2025 and supersede all previous versions.