Terms of Service

1. Agreement

These Terms of Service (the "Terms") are an agreement between you and Filexco, LLC, a limited liability company formed in Florida, United States ("Filexco", "we", "us"). They apply to everything we offer under filexco.com and its subdomains: the website and web app, the WebDAV service, our API, access keys, share links and anything else we provide (together, the "Service").

By creating an account or using the Service you agree to these Terms. You also agree to our Privacy Policy, Acceptable Use Policy, DMCA policy and Refund policy, which are part of this agreement. If you do not agree, do not use the Service.

You must be at least 16 years old. If you are under 18, a parent or guardian must accept these Terms for you. If you use the Service for an organization, you confirm that you may bind it to these Terms.

We may change these Terms, for example when we add features or when the law changes. We will post the new version on this page and change the date at the top. For a material change we will also tell you by email or in the web app before it takes effect. If you keep using the Service after a change takes effect, you accept the new Terms. If you do not accept a change, stop using the Service and delete your account.

2. Your account

Give us a correct email address and keep it up to date. We send account email only: sign-up confirmation, password reset, security alerts, plan and payment notices, and warnings before files are removed. By creating an account you agree to receive these messages.

One person or organization may hold one account. Do not open several accounts to get around limits, plans or bans, or to collect referral or promotional rewards. We may close accounts that do.

You are responsible for your password, your two-factor device, your Master Key file and your access keys, and for everything that happens under your account. Keep them private. If you think any of them was lost or stolen, tell us at once at [email protected]. Staff, reseller and owner accounts must use two-factor authentication, and we recommend it for everyone.

Do not give, sell or transfer your account or your rights under these Terms to someone else. An access key belongs to the account that made it: you may give a key to a person, device or service you trust, and you stay responsible for what it does until you revoke it.

You can delete your account at any time from the Account page. Cancel any monthly or yearly subscription first, so it is not billed again. Deleting an account cannot be undone; "When a plan ends" explains what happens to your files. The online copies of your signed documents are removed too, as "Document signing" describes.

3. Plans, payment and refunds

Free plan. Every account includes a free plan with 1 GB of storage and 1 GB of bandwidth per month. It has no end date. It also has limits on the number of files, folders and access keys; the current numbers are on the Pricing page.

Paid plans. You can add storage in whole terabytes (TB): a monthly subscription at $6 per TB per month, a yearly subscription at $60 per TB per year, or a "5-Year" plan at $180 per TB, paid once, which lasts 60 months from the purchase date. The 5-Year plan is not a lifetime plan: it ends after 60 months, does not renew, and cannot be transferred or resold. Prices are in US dollars, exclude taxes, and are shown at checkout. Plans add up: your storage and your monthly bandwidth are the free plan plus every active paid plan. While you hold an active 5-Year plan you can add more 5-Year plans, but you cannot buy monthly or yearly plans.

Payments. Stripe handles payments. We never see or store your full card number. We add taxes (such as VAT or sales tax) where the law requires. By buying a plan you authorize us, through Stripe, to charge your payment method for the purchase and for every renewal until you cancel. Keep your payment method valid and up to date; if a payment fails we may pause or end the plan it pays for.

Subscriptions and cancelling. Monthly and yearly subscriptions renew automatically at the end of each period, at the price that applied when you subscribed, unless you cancel. You can cancel at any time from the Plan page ("Cancel subscription") or in the billing portal. Cancelling stops the next renewal. The plan and its storage stay active until the end of the period you already paid for, and you can resume the subscription before then. Cancelling does not refund the period already paid.

Price changes. We may change prices for new purchases at any time. We will give you at least 30 days' notice by email before a new price applies to a subscription renewal.

Add-ons. Add-ons are optional extras for your plan, such as more bandwidth or a longer history. Each Add-on is a separate monthly or yearly subscription, billed on its own renewal date and apart from your plan, and it renews automatically until you cancel. An Add-on needs a running paid plan of your own and ends when that plan ends. You can cancel an Add-on at any time from the Plan page: cancelling stops the next payment, and the Add-on stays active until the end of the period you already paid for. "Subscriptions and cancelling" and "Price changes" above apply to Add-ons in the same way, and the prices of Add-ons can change for new purchases. An Add-on is a later purchase. It is not covered by the money-back guarantee and is not refundable under these Terms, and the days left in its period are not refunded if it ends with your plan, except where the law requires it or where these Terms provide for it.

Bandwidth credit. A bandwidth credit adds bandwidth for a limited time. It is a one-time purchase, not a subscription: it does not renew and there is nothing to cancel. It is valid for the number of days stated when you buy it, and it is used only after your monthly bandwidth has been used up. What is left carries into the next month until the days of the credit end. A bandwidth credit does not need a paid plan, has no cash value, and is not paid out or exchanged for money. It is not covered by the money-back guarantee and is not refundable under these Terms, except where the law requires it.

Coupon codes. A coupon code gives a percentage off the purchase of a plan and is used once for each account. A plan purchase gets one discount only, so a coupon code replaces any other discount on that purchase, such as a referral discount. A coupon code has no cash value, is not sold or passed on, and Filexco may switch it off at any time. If a purchase made with a coupon code is refunded, the code is not given back. Coupon codes do not apply to Add-ons, bandwidth credits or key codes.

Money-back guarantee. Your first purchase of a paid plan on a Filexco account comes with a 15-day money-back guarantee. Renewals of a monthly or yearly subscription and every later purchase, including additional plans, are not covered by the guarantee and are not refundable under these Terms. If you upgraded the plan of your first purchase during the guarantee period, the upgrade payments are refunded together with it. Each account can use the guarantee once. A refund ends only the plan it was for.

Refunds. To use the guarantee, ask for a refund on the Plan page within 15 days of the payment, with a short reason. Each account can request one refund. Where little of the plan's bandwidth has been used the refund is approved automatically; other requests are reviewed by our team. We may decline requests that show abuse, such as repeated buy-and-refund cycles. A payment that the guarantee does not cover is not refundable, except where the law requires it or where these Terms provide for it. The Refund policy has the details.

Chargebacks. If you dispute a valid charge with your bank instead of contacting us, we may suspend or close your account. Please write to us first; we will help.

Key codes and promotions. A plan can also be started with a key code that an approved reseller sold you or that we gave you in a promotion. A code works once, adds the plan size and length printed with it, and cannot be exchanged for money. Codes and promotions may have their own conditions, which we will state when we offer them.

Private storage in a workspace. Private storage can be given only to people the owner invites to a workspace, and reselling storage is not allowed.

4. Bandwidth and limits

Each calendar month (UTC) your account can transfer as much data as your total storage. Bandwidth equals storage, and uploads and downloads count together over WebDAV, the web app and share links. Listing, renaming and deleting do not count. Extra bandwidth, an Add-on, adds to this amount for as long as it runs, and a bandwidth credit adds bandwidth for the days it is valid. The paragraphs on Add-ons and bandwidth credit in "Plans, payment and refunds" have the details.

When you reach the monthly limit, uploads and downloads pause until the next monthly reset or until you add storage. You can still browse, rename and delete. We never charge overage fees.

If your files take more space than your storage, uploads are blocked and the rules in "When a plan ends" apply.

We also apply technical limits to protect the Service, such as request rates, the number of connections from one address, failed-login limits and the size of a single request. They are described in our documentation and may change. We may slow or block traffic that harms other customers or the Service, for example attacks or runaway scripts.

5. Your content and your master key

You own your files. Keep your Master Key safe: if you lose it and your password, nobody can open your vaults.

Your content. You keep all rights to the files, names and other content you store ("Your Content"). You give us only the limited permission we need to run the Service for you: to store, copy, transfer, back up, show to you and to the people you share with, and delete Your Content. You are solely responsible for Your Content and for having the right to store and share it.

Standard Storage. Files stored in Standard Storage are encrypted at rest using encryption keys managed by Filexco. These keys are used by our systems to securely process and deliver your files when you access them through WebDAV or the Filexco website. We respect your privacy and do not routinely view, inspect, or access your files except as necessary to operate and secure the Service, respond to authorized support requests, comply with legal obligations, or investigate reported abuse.

Encrypted vaults. A vault folder is encrypted in your browser before it is uploaded, including file and folder names. We store encrypted data and cannot read what is inside. Some information stays visible to us because the Service needs it: your account details, the size and time of objects, the number of files, the shape of the folder tree, and the network address you connect from.

Your Master Key. When you sign up, your browser creates a Master Key and you download it as a file. It is the key to your vaults. You can open your vaults with your password or with the Master Key file. If you lose both your password and your Master Key file, your vault data cannot be opened by anyone, including us, and we cannot create a new key or recover it. A password reset by email does not unlock vaults. You accept this risk when you use vaults: keep at least one copy of your Master Key file somewhere safe and apart from your password.

Keep your own copies. We take care of your files, but we do not promise that files will never be lost or damaged. Keep your own copy of anything you cannot afford to lose. High availability is not a backup and does not replace your own copy.

Sharing. If you share a file or a link, the people who receive it can see, download and pass on what you shared. You are responsible for who you share with. A vault share stays encrypted and gives the recipient the key; we cannot stop a recipient from keeping what they received.

6. Acceptable use

You must follow our Acceptable Use Policy, which is part of these Terms. In short, you may not use the Service to store, share or send anything that:

• is unlawful, or infringes anyone's copyright, trademark or other rights;
• sexually exploits or abuses children or animals, or promotes violence, terrorism, harassment, threats or hatred;
• contains malware, or is used to attack, scan or damage other systems, or to send spam;
• is part of a phishing or fraud scheme, or misleads people about who you are.

You also may not interfere with or overload the Service, try to reach accounts, data or systems that are not yours, get around limits, blocks or security measures, or resell the Service as your own without our written agreement. Resellers we have approved may sell key codes.

Security testing. Do not run penetration tests or scans against our systems without our written permission; ask first at [email protected]. If you find a vulnerability, tell us at that address and give us reasonable time to fix it before you make it public. We will not take legal action against people who test in good faith, stay within what we approved and do not touch other customers' data.

What we may do. We do not routinely look inside your files, and we cannot look inside vaults. If we learn of a breach of these rules, from a report, from the law or from our own security systems, we may remove or disable access to content, limit or suspend your account, or end it, without notice where the harm is serious or the law requires it. We cooperate with law enforcement. Content that sexually exploits children is reported to the authorities and the account is closed at once.

7. DMCA and takedowns

We respect copyright and expect you to do the same. We respond to notices of claimed infringement that follow the US Digital Millennium Copyright Act (DMCA). If you believe something stored with us infringes your copyright, send a notice through our DMCA report page or to [email protected]. When we receive a complete notice we will remove or disable access to the material promptly and tell the account holder.

If you believe we removed your content by mistake, you can send a counter-notice from our counter-notice page. When a counter-notice is complete we pass it to the person who complained, and we may restore the material after 10 to 14 business days unless they tell us they have started a court action.

Repeat infringers. We close the accounts of users who are repeat infringers, in the circumstances the law describes.

Vault files. We cannot see what is inside a vault. For a notice about vault content we act on the object identifier you give us (the link, file identifier or bucket reference) and remove that object; we cannot search a vault by name or by content.

We act on notices in good faith. Knowingly sending a false notice or counter-notice can make you liable for damages under the law.

8. Data location and storage

You choose a region, the United States or the European Union, when you create a bucket. The files in that bucket are stored on servers we operate in that region and are not moved to the other region unless you copy or move them there. Account, billing and security records are kept in the United States.

We run the Service in data centres we select; the Sub-processors page lists the providers that handle personal data for us.

We aim to keep the Service running, but we do not promise that it will always be available or free of errors, and we do not promise any particular speed. We may do maintenance and may change or stop features, with notice where we reasonably can.

9. When a plan ends

When a paid plan ends (it was not renewed, it was cancelled and reached the end of its period, it was refunded, or a payment failed) your storage falls back to what remains: the free plan plus any other active plans. Add-ons need a running paid plan of your own, so they end when your last paid plan ends.

If you then use more storage than you have, your account enters a grace period of 45 days. During the grace period you can still download and manage your files, uploads are blocked, and you can keep everything by adding storage. We email you when it starts and again before it ends. The grace period ends early if your usage falls back within your storage.

If the grace period ends and your usage is still above your storage, we delete data until your usage fits: first older versions of files, then current files, newest first. Deleted data cannot be recovered. This applies in the same way to vault and Standard folders. Download what you want to keep before the grace period ends.

Account deletion. If you delete your account we delete your files and personal data as the Privacy Policy describes. Signed documents are handled as "Document signing" describes. We may keep limited records where the law requires or to protect our legal rights.

Suspension and termination. We may suspend or end your account at once if you seriously or repeatedly break these Terms, if your account is a security risk, if a payment is disputed or reversed, or if the law requires it. Where we reasonably can, we will tell you why and give you a chance to put the problem right and to download your data. If we end your account without a breach on your side, we will refund the part of any prepaid period you have not used. After we close an account for a breach, we may delete its data.

10. Liability

The Service is provided "as is" and "as available". To the fullest extent the law allows, we give no warranty, express or implied, including warranties of merchantability, fitness for a particular purpose, availability, reliability, accuracy and non-infringement. We do not promise that the Service will be uninterrupted, secure or free of errors, or that data will not be lost.

To the fullest extent the law allows, Filexco and its owners, officers, employees and suppliers are not liable for lost profits, lost revenue, lost data, business interruption, or any indirect, special, incidental, consequential or punitive damages arising from the Service, even if we were told they were possible. To the fullest extent permitted by applicable law, Filexco's total aggregate liability arising out of or relating to the Service will not exceed the total amount you paid Filexco for the Service during the 12 months immediately preceding the event giving rise to the claim.

Some places do not allow some of these limits, so they may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, such as for fraud or intentional wrongdoing, or the rights the law gives you as a consumer.

You agree to defend and hold harmless Filexco and its team against claims, losses and costs (including reasonable legal fees) brought by a third party because of Your Content, your use of the Service in breach of these Terms, or your violation of someone else's rights.

Advanced tools. Parts of the Service, such as WebDAV, the API and the encryption tools, need technical knowledge or third-party software. You are responsible for setting them up safely. We are not responsible for loss or damage caused by wrong settings or by third-party software.

Accessibility. We want the Service to be usable by everyone. If a disability makes any part of it hard to use, tell us at [email protected] and we will work with you to fix it.

11. Governing law

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. You and Filexco agree that disputes will be brought in the state or federal courts located in Orange County, Florida, and you accept the jurisdiction of those courts, except that either of us may bring a claim in a small-claims court.

If you are a consumer in the European Union, or anywhere else where mandatory local law gives you rights, you keep those rights, and you may also bring a claim in the courts of the country where you live.

Before you start a formal claim, please write to [email protected] and give us 30 days to try to solve the problem.

General terms. These Terms, with the policies they mention, are the whole agreement between you and us about the Service. If a part of them is found unenforceable, the rest stays in force. If we do not enforce a right straight away, we have not given it up. You may not assign these Terms; we may assign them as part of a merger, sale or reorganization. The Filexco name and logo belong to Filexco, LLC, and you may not use them without our written permission.

12. Document signing

Filexco Sign lets you send a document to other people for electronic signature. You are responsible for the documents you send and for the people you send them to: send a document only to people who are meant to receive it, and only content you have the right to send.

Signing records are evidence. For each document we keep the encrypted document, the names and e-mail addresses of the sender and the signers, the time, IP address and browser of every step, the version of the consent text each signer accepted, and a seal that makes the record checkable. We cannot read the documents: they are encrypted in your browser, and the key is in the signing link, not on our servers.

Each signer can download the signed copy with its certificate from their own signing link, and we ask them to keep it: it is their proof. When everyone has signed, we e-mail each signer the verification code, which anyone can check on the Verify page.

The full record of a signed document is kept while the sender's account has a paid plan, and for the grace period of 45 days after the plan ends. It is removed when the sender deletes their account, or when the grace period ends and the account still has no paid plan. We e-mail the sender before this happens. When the full record is removed, the online copy that signers can open from their links is removed with it.

A minimal anonymous proof of every completed document is kept for 7 years from the day it was completed, and is then deleted automatically. It contains the verification code, the document's fingerprint, the completion time and the seal, and no names, e-mail addresses, IP addresses, browsers, titles or document content. With it anyone can still check on the Verify page that the code is genuine and when it was sealed.

A signing request that nobody has finished is cancelled when the sender deletes their account. We tell the signers by e-mail, and the request is deleted 30 days later.

13. Contact

Filexco, LLC
United States
Support and legal notices: [email protected]
Security reports: [email protected]
Abuse reports: [email protected]
Copyright notices: [email protected]
Privacy requests: [email protected]