Thanks for using VFILECABINET, our goal is to provide the most streamlined user experience for managing documents for companies and individuals who need help serving employees, customers, friends, and partners remotely or otherwise.  Our terms of service (“Terms”) cover your use and access to our services, client software and websites (“Services“). Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy.

Your Data

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 Responsibilities

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).

User Terms

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:

1. 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
2. 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:

1. of any disclosure, loss or unauthorized use of any Login Credentials;
2. of a user’s departure from the client’s organization;
3. of a change in a user’s role in the client’s organization;
4. of any termination of a user’s right for any reason.

Software

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.

Beta Services

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.

Free Accounts

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.

Paid Accounts

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.

Termination

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:

1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
2. 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.

Resolving Disputes

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.

Controlling Law

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.

Entire Agreement

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.

Modifications

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.

VFILECABINET Privacy Policy

Posted: July 1, 2020

Effective: July 1, 2020

Thank you for using VFILECABINET. 

Below we describe how we collect, use, and handle your personal data when you use our websites, software, and services (“Services”).

How and Why:

We collect and use the following information to provide, improve, protect, and promote our Services:

Account information. We collect, and associate with your account, the information you provide to us when you do things such as sign up for your account, upgrade to a paid plan (like your name, email address, phone number, payment info, and physical address).

Your Data. Our Services are designed as a simple and professional way for you to store your documents, photos, comments, messages, and so on (“Your Data”), collaborate with others, and work across multiple devices and services. To make that possible, we store, process, and transmit Your Data as well as information related to it. This related information includes your profile information that makes it easier to collaborate and share Your Data with others, as well as things like the size of the file, the time it was uploaded, and collaborators.

Usage information. We collect information related to how you use the Services, including actions you take in your account (like sharing, editing, viewing, creating and moving files or folders). We use this information to provide, improve, and promote our Services, and protect other users.

Device information. We also collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services. For example, we use device information to detect abuse and identify and troubleshoot bugs.

Cookies and other technologies. We use technologies like cookies and pixel tags to provide, improve, protect, and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services. We may also use third-party service providers that set cookies and similar technologies to promote VFILECABINET services. 

Marketing. We give users the option to use some of our Services free of charge. These free Services are made possible by the fact that some users upgrade to one of our paid Services. If you register for our Services, we will, from time to time, send you information about upgrades when permissible. Users who receive these marketing materials can opt out at any time. If you don’t want to receive a particular type of marketing material from us, click the ‘unsubscribe’ link in the corresponding emails. 

We sometime contact people who do not have a VFILECABINET account. For recipients in the EU, we or a third party will obtain consent before reaching out. If you receive an email and no longer wish to be contacted by VFILECABINET, you can unsubscribe and remove yourself from our contact list via the message itself.

Bases for processing your data. We collect and use the personal data described above in order to provide you with the Services in a reliable and secure manner. We also collect and use personal data for our legitimate business needs. To the extent we process your personal data for other purposes, we ask for your consent in advance or require that our partners obtain such consent. 

With Whom

We may share information as discussed below, but we won’t sell it to advertisers or other third parties.

Others working for and with VFILECABINET. VFILECABINET uses certain trusted third parties (for example, providers of customer support and IT services) to help us provide, improve, protect, and promote our Services. These third parties will access your information to perform tasks on our behalf, and we’ll remain responsible for their handling of your information per our instructions.

Other users. Our Services display information like your name, profile picture, device, email address, and usage information to other users you collaborate or choose to share with. When you register your VFILECABINET account with an email address on a domain owned by your employer or organization, we may help collaborators and administrators find you and your team by making some of your basic information—like your name, team name, profile picture, and email address—visible to other users on the same domain. This helps you sync up with teams you can join and helps other users share files and folders with you.

Certain features let you make additional information available to others.

Law & Order and the Public Interest. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to: (a) comply with any applicable law, regulation, legal process, or appropriate government request; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of VFILECABINET or our users; (d) protect VFILECABINET’s rights, property, safety, or interest; or (e) perform a task carried out in the public interest.

Stewardship of your data is critical to us and a responsibility that we embrace. We believe that your data should receive the same legal protections regardless of whether it’s stored on our Services or on your home computer’s hard drive. 

We will abide by the following Government Request Principles when receiving, scrutinizing, and responding to government requests (including national security requests) for your data:

• Be transparent,
• Fight blanket requests,
• Protect all users, and
• Provide trusted services.

How

Security. We have a team dedicated to keeping your information secure and testing for vulnerabilities. We continue to work on features to keep your information safe in addition to things like two-factor authentication, encryption of files at rest, and alerts when new devices and apps are linked to your account. We deploy automated technologies to detect abusive behavior and content that may harm our Services, you, or other users.

User Controls. You can access, amend, download, and delete your personal information by logging into your Dropbox account and going to your account settings page. Learn more here about managing your account information generally, or click here to learn how to change your profile information.

Retention. When you sign up for an account with us, we’ll retain information you store on our Services for as long as your account exists or as long as we need it to provide you the Services. If you delete your account, we’ll initiate deletion of this information after 30 days. Learn more here. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

Where

Around the world. To provide you with the Services, we may store, process, and transmit data in the United States and locations around the world—including those outside your country. Data may also be stored locally on the devices you use to access the Services.

Your Control and Access of Your Data

You have control over your personal data and how it’s collected, used, and shared. For example, you can:

• Delete Your Data in your VFILECABINET account.
• Change or correct personal data. You can manage your account and the content contained in it, as well as edit some of your personal.

Changes

If we’re involved in a reorganization, merger, acquisition, or sale of our assets, your data may be transferred as part of that deal. We’ll notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event.

We may revise this Privacy Policy from time to time and will post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you.

VFILECABINET Acceptable Use Policy

Thank you for using VFILECABINET, our goal is to provide the most streamlined user experience for managing documents and other data for companies and individuals who need help serving employees, customers, friends, and partners remotely or otherwise. The primary purpose is remote and secured document management, and not a public file sharing service. 

You agree not to misuse the VFILECABINET services (“Services”) or help anyone else to do so. For example, you must not do any of the following in connection with the Services:

• breach or otherwise circumvent any security or authentication measures;
• access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
• interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
• access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
• send unsolicited communications, promotions or advertisements, or spam;
• send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
• promote or advertise products or services other than your own without appropriate authorization;
• circumvent storage space limits;
• sell or resell the Services unless specifically authorized to do so;
• publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
• advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
• violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
• violate the privacy or infringe the rights of others; or
• probe, scan, or test the vulnerability of any of our systems or networks.