When you use our Services, you provide us with things like your files, content, customers, contacts, and so on (“Your Data”). Your Data is your own. These Terms don’t give us any rights to Your Data, except for the limited rights that enable us to offer our Services.
We need your permission to store Your Data, back it up, and sharing it with others when you ask us to. Our Services automatically provide you with basic features including, optical character recognition (OCR), AutoFiling, tagging, some of which involves the use of certain technologies, including (but not limited to) Machine Learning (ML) and Artificial Intelligence (AI). To provide these and other features, VFILECABINET accesses, stores, and scans Your Data. You give us permission to do these things, and this permission extends to our affiliates and trusted third parties we work with. By giving us access to Your Data you help us extend the capabilities of our AutoFiling and other features. We do not intend to share or use Your Data in any way then to improve our services and will not share any of Your Data, outside our own services, with any other parties without suitable anonymization. We will never sell or share the full text of your documents.
Your use of our Services must comply with our Acceptable Use Policy. Your Data in our Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
VFILECABINET may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We aren’t responsible for the content people post and share via the Services
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 (or older, depending on where you live).
Establishing an Account
Certain features and functions of VFILECABINET Services can be used or accessed only by holders of an admin account. The person who wishes to create an admin account must:
- complete the sign-up form on the web site or alternative process provided by a reseller if access to the VFILECABINET services is purchased from a reseller; and
- accept these terms by clicking “sign up” or other similar button
Each authorized user may have only one account. If several persons need to use an account on behalf of company, you must designate such persons as users. Each such user shall be subject to the restrictions set forth in these Terms.
If the company has designated users and granted them authorization, such users will be deemed to be authorized to act on behalf of company when using the account. Supplier is not responsible for and shall have no liability for verifying the validity of authorization of any user. However, Supplier may, in its discretion, request additional information or proof of the person’s credentials. If supplier is not certain if a user has been granted authorization, supplier may, in its sole discretion, prevent such User from accessing the VFILECABINET services.
A user may be associated with multiple companies and accounts. Deleting a user from one account will not remove the user from the platform if he/she is connected to multiple accounts.
The company and any user associated with an account must provide supplier with true, accurate, current, and complete information about the company, users or account and keep it up to date.
Logging Into an Account
Supplier shall provide client with a username and password (“Login Credentials”) to be used to log in to its account. VFILECABINET takes security and compliance very seriously and therefore these login credentials must not be used by multiple persons. If client has designated several users, each user will be provided with separate login credentials. Client and each user are responsible for keeping confidential all login credentials associated with an account. Client must promptly notify supplier:
- of any disclosure, loss or unauthorized use of any Login Credentials;
- of a user’s departure from the client’s organization;
- of a change in a user’s role in the client’s organization;
- of any termination of a user’s right for any reason.
Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as VFILECABINET’s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback, you also agree that some or all of Your Data might be at risk for loss, deletion or otherwise inaccessible.
Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.
VFILECABINET’s Intellectual Property
Our Services are protected by copyright, trademark, patents, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in our Services, VFILECABINET trademarks, logos and other brand features. We welcome your input, but please note that we may use comments or suggestions without any obligation to you.
From time to time we may or may not offer free trials for our Services. These offers are at our sole discretion and come with no representations or warranties that come with our Paid Accounts. We will do our best to give you advance notice if we are eliminating your Free Account but accept no responsibility for lost data or otherwise.
If you were sent a link to download a file(s) from one of our Partners you will have thirty (30) days to do so for free, we will keep your file(s) for approximately another ninety (90) days after our Partners have sent it to you. If you do not download the file(s) during the initial thirty (30) days or wish to access your files after the initial thirty (30) days, we may elect to charge you a fee for redelivery.
Billing. You can convert your Free Account to a Paid Account at any time. Some conversions may be automatic based on a new download of an old file. Our pricing is based on AutoFiling, storage space, and other features of your account. We will automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
You may cancel your VFILECABINET Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account.
If you cancel your Paid Account you expressly agree we are no longer responsible for any document retention, or other compliance issues.
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
(a) you are in breach of these Terms,
(b) your use of the Services would cause a real risk of harm or loss to us or other users, or
(c) you don’t have a Paid Account and haven’t accessed our Services for three (3) consecutive months.
We will provide you with advance notice, of up to thirty (30) days, via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Data from our Services. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services.
We will not provide notice before termination where:
(a) you’re in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
(c) we’re prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond VFILECABINET’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Data from our systems. If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we will refund the portion of the fees you have pre-paid but haven’t received Services for.
Services “AS IS”
We strive to provide great Services, but there are certain things that we are unable to guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, VFILECABINETAND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR VFILECABINET’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, VFILECABINET, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:
- ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
- ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT VFILECABINETOR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, VFILECABINET, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. VFILECABINETAND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH VFILECABINET.
We want to address your concerns without needing a formal legal case. Before filing a claim against VFILECABINET, you agree to try to resolve the dispute informally by contacting issues@VFILECABINET.ai We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or VFILECABINET may bring a formal proceeding.
Judicial Forum for Disputes. You and VFILECABINET agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Los Angeles County, California, subject to the mandatory arbitration provisions below. Both you and VFILECABINET consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and VFILECABINET agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States, Orange County, California, or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. VFILECABINET will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. VFILECABINET will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or VFILECABINET may assert claims, if they qualify, in small claims court in Orange County, (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Orange County, California to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
These Terms constitute the entire agreement between you and VFILECABINET with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.
Waiver, Severability & Assignment
VFILECABINET’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 Terms 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 under these Terms, and any such attempt will be void. VFILECABINET may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.