Terms and Conditions

 

If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us.

Acknowledgement

These Filecad’s Terms of Service, in conjunction with the Privacy Policy and other terms and conditions of use which are incorporated herein by reference and which may be posted and applicable to specific services (collectively, the "Agreement") governs your access to and use of the www.filecad.com website, Content, apps, software, products and services provided to you on, from, or through the www.filecad.com website, (collectively, the "Services"). Regardless of whether you have a subscription, are a registered user, or are simply downloading from a shared link which does not require a registered account, all such interactions with the Filecad website and use of any Services is an explicit acceptance of this Agreement signifying you have read, understand, and agree to be bound by all of the terms of this Agreement which is a Legally Binding Contract.

If you are using the Services on behalf of a company, organization or branch of government, you affirm that you have the authority to accept this Agreement on behalf of your company or organization and all references herein to ‘you’ or ‘your’ will refer not only to yourself but also to the company or organization.

IF YOU DO NOT FULLY AND COMPLETELY AGREE TO THE TERMS OF THE AGREEMENT AND YOU, AS A RESPONSIBLE USER, CHOOSE TO CONTINUE TO USE THE SERVICES, YOU WILL BE BOUND TO THE TERMS OF THE AGREEMENT.

Filecad (also referred herein as “us”, “we” or “our”) may modify the Agreement which will become effective immediately upon its posting to the website. Your continued use of the website and any associated services indicates your acceptance of changes to the Agreement and you agree to be bound by such modification or revisions. If you are dissatisfied with anything related to our website, your sole remedy is to discontinue use of the Services. You use our Services at your own risk. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits.

 

Ability to Accept Terms of Service

Filecad’s Free Services are available to anyone over the age of 13, in observance of and compliance with the Children's Online Privacy Protection Act. If you are under 13 years of age, then do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Filecad’s premium services are available to anyone over the age of 18.

Accounts for business, organizations or government entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. You affirm that you are fully able to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

 

Customer data and the service

The data, information, files, photos and other content that you provide to Filecad when you use the Service and any comments you post to the blog sections of the Site or our social media pages is referred, in the Terms, to as “Customer Data”

Filecad is a cloud service which provides the users with the convenience of accessing their data from any location and the security of additional back-up for such data. We provide free and premium subscription services. Review the features of the types of subscription services for their detailed comparison.

 

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.

 

Registration Data

You agree to:

  • Provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service ("Registration Data");
  • Maintain and promptly update the Registration Data, and any other information you provide to filecad, in order to keep it accurate, current and complete; and
  • Accept all risk of unauthorized access to the Registration Data and any other information you provide to filecad.

 

Content - It’s yours

When you upload text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on, or accessed through the Services, we refer to it as "Content". You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to store, share or distribute the Content.

You retain all of your ownership rights in your Content. We don’t claim any ownership in or to any of your Content.

To enable Filecad to provide the Services, it is necessary for you to hereby grant us worldwide, non-exclusive, royalty-free, sub-licensable and transferable limited license to use, reproduce, distribute, prepare derivative works of, or display Content in connection with the Services.

 

It’s all about you

  • You control your Content through your account and/or cookies which may be placed on your computer or other devices.
  • You are responsible for any costs associated with backing-up or restoring your Content.
  • You are solely responsible for your Content and your interactions with other users of the Services.
  • When you allow other users access to your Content, you, not Filecad, are responsible for what others do with it.

You agree, while using Filecad Services, that you may not:

  • Alter or modify any part of the Services;
  • Use the Services for any illegal purpose;
  • Use any robot, spider, offline readers, site search and/or retrieval application, or other device to retrieve or index any portion of the Services, with the exception of public search engines;
  • Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature, except when transmitting to a knowing recipient while conducting security research;
  • Distribute any Content that includes code hidden or otherwise contained within the Content which is unrelated to the Content;
  • Reformat or frame any portion of any web page that is part of the Services without the express permission of Filecad;
  • Collect or harvest any personal identifiable information or account names or solicit users;
  • Impersonate another person, whether real or fictional;
  • Permit any third parties to use your name and password;
  • Violate or attempt to violate Filecad systems or interfere with the normal use of the Services by users;
  • Resale Filecad products and Services;
  • Post advertisements, promotions or solicitations of business;
  • Transmit any form of solicitation or Spam;
  • Distribute any Content that falsely implies sponsorship of the Content by the Services, falsify or delete any author attribution in any Content, or promote any information that you know is false or misleading;
  • Distribute an illegal or unauthorized copy of another person's trademarked or copyrighted work;
  • Distribute Content that is libellous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity;
  • Distribute Content that violates the rights of others, such as distributing Content that infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity, or that is libellous or defamatory, or that directs any user to the content of a third party without consent of the third party;
  • Defame or libel any person; invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person;
  • Export or re-export Content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions;
  • Distribute any links to any external Internet sites that are obscene or pornographic, or distribute pornographic or sexually explicit material of any kind.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Content. You will comply with United States laws regarding transmission of data.

Content is provided to you AS IS. You understand that when using the Services, you will be exposed to Content from a variety of sources, and that Filecad is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Filecad with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Filecad, its owners, operators, affiliates, licensor's, and licensees to the fullest extent allowed by law regarding all matters related to any Content and your use of the Services. You acknowledge your use of Content is at your sole risk.

 

Account Safeguards

To access or benefit from the Services or features on Filecad, you may have to create a Filecad account. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. You should only access your Filecad account from a trusted network. Although Filecad will not be liable for any losses you might suffer, you may be liable for the losses of Filecad or others.

 

Filecad & Services

Filecad does not endorse any Content, including, but not limited to, its accuracy, completeness, appropriateness or legality, stored on or distributed through the Services and Filecad expressly disclaims any and all liability in connection with Content. Content is yours, not ours.

Filecad Content may contain links to external sites; however, Filecad is not responsible for any availability of or the content on or through any external site.

Filecad maintains multiple copies of active files, however, Filecad bears no responsibility for maintaining your data indefinitely. You bear full responsibility and sole liability for any corrupted, lost or irrecoverable data. You understand and agree that Filecad reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates the Agreement and/or Privacy Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion.

When Filecad removes or disables Content for policy violations, the user who posted the Content may receive a strike. The user is notified of the violation. Repeated policy violations may result in account termination. Filecad reserves the right to determine what is harmful to its users, operations, or reputation including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be submitted to our abuse department. Each complaint will be investigated and appropriate action will be taken.

Filecad reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. The terms of the Agreement and Privacy Policy shall survive any termination of your access to the Services.

Filecad may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Light patterns, like those which might be displayed when using the Services, may result in epileptic seizures in some people. Discontinue use of the Services, if advised by your physician or you experience epileptic symptoms.

 

Software, Applications, Modifications & License

Filecad Services may include special applications, application programming interfaces, installable software, or developer resources you can download and install on your desktop, mobile phone or other devices with Internet capability to enhance your ability to interact and benefit from the Services (“Software”). This Software may require periodic modifications/updates, which may occur automatically or require you to initiate them. The Software is a copyrighted work of Filecad and is governed by the terms of this Agreement. Filecad grants you a “Limited License” to use the Software solely to interact with the Services.

When you download and/or use the Software, you accept this Limited License. Filecad grants you a personal, non-exclusive, non-assignable, non-transferable, worldwide, royalty-free limited license to use the Software on any device you own or control. This Limited License is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Filecad, in the manner permitted by this Agreement. You may not rent, lease, lend, sell, trade, redistribute, assign or sub license your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You may not, or permit anyone else to, copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of Filecad and its licensor's. If you breach this restriction, you may be subject to prosecution and damages. The terms of the Limited License will govern any upgrades provided by Filecad that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Nothing in this Agreement grants you any right, title, or interest in the Services, Software or Content (other than your own) or to use any Filecad trademark, logo, domain name (or any derivative thereof), branding or features.

Which means: Filecad will offer you the ability to download and use new applications from time to time and may update the software periodically. Filecad owns all its software and applications, regardless of who provided input or may make modifications to it, and only you may use it under this licensing agreement.

 

DMCA: Digital Millennium Copyright Act

If your copyrighted or trademarked works are being distributed through the Services without your permission, please see our Copyright page for information on how to make a claim. Claims will be processed in accordance with United States law. Please visit Copyright page for more information.

 

Filecad Premium Accounts - Payment, Renewal and Cancellation

Premium Services (“Subscription”) require you to pay a fee, which is described in greater detail below. You agree to pay all fees and charges you incur, in US dollars with a from your paypal account of major credit card accepted by paypal. Subscription fees are non-refundable except as expressly set forth below. You hereby authorize us to charge your credit card to pay for the ongoing cost of Subscription. Payment for the appropriate Subscription and/or Services will be made by automatic charges to your credit card via paypal. Upon its expiration, your Subscription will NOT be automatically renewed, you will need to manually pay to continue using your premium services.

The billing period ends each term on the anniversary of your activation date. You agree to pay all fees and charges that you incur through your account, including, but not limited to, applicable taxes. You will be responsible for charges for any products or services that you purchase that are offered for sale through our Services. In addition, you are responsible for paying any amounts billed to your credit card by someone who uses your card, such as a secondary card holder or family member, or if you authorized use of your card by someone else for the initial Subscription. If payment cannot be charged to your credit card or your payment is returned to us for any reason, including charge back, we reserve the right to either suspend or terminate your account and our obligations under this Agreement. If you provide us with a new/updated card and are successfully charged, your renewal period will be based on the original renewal date and not the date of the successful charge.

From time to time, we may offer different subscription plans and the fees for such plans may vary. A detailed description of current premium services and features can be found on the Product Matrix page or by contacting us.

You may cancel a Subscription at any time through your My Account page. Your account will remain active for the remainder of the term for which you have previously paid after which it will revert to a standard free account and be subject to the restrictions of a free account. Cancellation of your Subscription will not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which your Subscription is cancelled. We are not responsible for any accounting errors or oversights older than sixty (60) days. Filecad may, without compensation or proration, cancel your Subscription in the event of non-payment or dispute of payment or if you violate any terms or conditions of this Agreement.

 

Refund Policy

All of filecad.com's premium services can be purchased after you register, and you may subscribe to the premium services for various lengths of time. Refunds will be agreed to on a case by case basis and no later than 24 hours from your initial order. We do not provide partial refunds. No refunds will be granted if you open up a case after 24 hours of your initial order.

 

As-Is Services

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FILECAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

NEITHER FILECAD NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER FILECAD NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.

NEITHER FILECAD NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. FILECAD IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.

FOR CLARITY, FILECAD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. FILECAD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FILECAD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.

 

Limitation of Liability

NEITHER FILECAD NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FILECADS AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FILECAD AND YOU. IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, FILECAD AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.

 

Indemnity

You agree to indemnify, defend and hold Filecad and its affiliates, and both Filecad and their respective officers, directors, owners, employees, agents, information providers and licensor's harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney's fees, incurred by any Filecad Party in connection with any Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. Filecad reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Filecad's defence of such claim. This defence and indemnification obligation will survive these Terms of Service and your use of the Services.

 

Miscellaneous Legal

The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Filecad without restriction.

The Agreement shall be construed in accordance with the United States laws, without reference to principles of choice of law. You and Filecad each irrevocably consent to the personal jurisdiction of the federal or state courts located in U.S. ("Courts") with respect to any action, suit or proceeding arising out of or related to the Agreement or to the Services and /or Content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.

These Terms of Service, together with the Privacy Policy and any other legal notices published by Filecad on the Services, the Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of the Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of the Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.

No failure in delay in exercising or enforcing this policy shall constitute a waiver of the Agreement or any other right or remedy. If any provision of the Agreement is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Agreement shall remain in effect.

YOU AND FILECAD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Please submit reports of any violations to abuse@filecad.com

 

 

Revised: July 16th, 2015