FileChat will try to notify you in advance though there may be some cases where We may suspend your account without notice. However, you agree that We shall not be liable to you or any third-party for any suspension, termination or cancellation of your access to, or use of, the Platform.
“Content” means any information, software, photos, video, document, file, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, and other materials available on the Platform.
“FileChat” is the service provided by H42 through the Platform.
“Personal Data” means every personal information that directly or indirectly identifies you or can be used to identify or contact you collected by Us through your use of the Platform.
“Platform” means the platform described in the Terms & Conditions accessible at the address filechat.com.
“Terms & Conditions” means these terms and conditions of use which apply to your use of the Platform.
“User” means every user logged to the Platform, and who has an account.
“We”, “H42, “Our”, “Us” means the company H42 Management S.à r.l., 124, Boulevard de la Pétrusse - L - 2330 Luxembourg
HOW WE COLLECT YOUR PERSONAL DATA?
We may collect your Personal Data in different manners and at different places and times on the Platform such as: When creating your FileChat’s account, you will be asked to file a data collection form;
In case you provide Us with any access to any third-party service that you use (email account, social network services, etc.).
WHAT PERSONAL DATA ARE WE COLLECTING FROM YOU?
We may collect especially:
- your name, last name, email address, password, and contact’s email addresses;
- your’ log data (IP address, browser type, etc.);
- Dates, and times of connection and disconnection to the Platform;
- Usage of the application
- Chat’s information shared in the rooms including (but not limited to) date and time, members, messages, thumbnails, uploaded files.
A HTTP cookie is a small data file that is stored by your web browser on your device (computer’s hard drive, iPad, mobile phone, etc.). Cookies allow Us to store information on your use and preferences when using FileChat. We, therefore, use the following cookies:
- Session cookies;
- Cookies Google analytics;
- Cookies cloudfront.
- Uservoice cookies;
- Kissmetrics cookies;
- Mailchimp cookies.
HOW WE USE YOUR PERSONAL DATA?
We collect your Personal Data for different purposes such as:
- to offer you a safe, efficient and personalized experience;
- to manage and administer your use of the Platform;
- to deliver, personalize, and improve Our services for you;
- to provide you with Our help and support, let you know about service status, updates and faults, compare information for accuracy;
- to get your feedback on Our services, and better understand your needs and expectations;
- to resolve disputes;
- to verify your identity;
- to evolve, enhance and measure the FileChat’s site and Our services;
- to set up and undertake FileChat’s marketing or promotional activities or events.
WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES AND TO WHOM?
We may transfer your Personal Data to our trusted partners who help Us maintaining, improving, and managing the Platform.
In any case, any recipients of your Personal Data will only have access on a need-to-know basis, and under strict confidentiality obligations.
We may also disclose your Personal Data in the following cases:
We believe in good faith that we are required to do so in order to comply with any applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process.
In special circumstances, when We have reason to believe that disclosing your Personal Data is necessary to identify, contact or bring legal action against someone who may be violating our Terms & Condition, or to protect the safety and/or security of our Users, our Platform or the general public.
We reserve the right to transfer your Personal Data to a third party in the event of a sale, merger or other transfer of all or part of the assets of Us.
SECURITY, AND STORAGE OF PERSONAL DATA
The security of your Personal Data is a major concern to Us. In order for your Personal Data to remain as secure as possible, We have implemented, and strive to keep up-to-date all secure transmissions of your Personal Data from your computer to Our servers through industry-standard techniques.
Your Personal Data is stored on servers located in controlled, and secure environments, protected from unauthorised access, use, or alteration. Only employees who need access to your information to perform a specific task or function are granted access to such information.
You should, nevertheless, be aware that there is always some risk involved in transmitting information over the Internet. We, therefore, cannot ensure or warrant the security and privacy of any Personal Data you transmit to Us, and you do so at your own risk.
We will retain your Personal Data for as long as your FileChat’s account is active. Moreover, the following Personal Data may be stored for duration of one (1) year starting from the end of Our relation between Us and the User. It includes:
- IP address
- Date and time of the request
- Cookies HTTP
The security of your Personal Data is important to FileChat. FileChat follows generally accepted standards to protect the information submitted to FileChat, both during transmission and the storage by, for example, retaining your Personal Data for a reasonable period and being very conscientious.
Although FileChat is highly conscientious about your Personal Data’s security, there is no method of electronic transmission or storage 100 % secure. Therefore, FileChat cannot guarantee its absolute security.
If you have any questions about security on FileChat’s website, you can send an email at email@example.com.
USERS’ RIGHT OF ACCESS TO PERSONAL DATA
You can access, and modify your Personal Data by sending Us an email to firstname.lastname@example.org identifying yourself and the Personal Data you would like Us to correct or remove.
We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical.
In any case where We provides information access and correction, We performs this service free of charge, except if doing so would require a disproportionate effort, in such case We would inform you in advance of the price necessary to perform your request.
APPLICABLE LAW AND COMPETENT COURT
FileChat - Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF FILECHAT CAREFULLY.
FileChat will try to notify you in advance though there may be some cases where We may suspend your account without notice.
For purposes of these Terms & Conditions,
- “Content” means any information, software, photos, video, document, file, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, and other materials available on the Platform.
- “FileChat” is the service provided by H42 through the Platform.
- “Platform” means the platform described in the Terms & Conditions accessible at the address www.filechat.com.
- “Terms & Conditions” means these terms and conditions of use which apply to your use of the Platform.
- “We”, “H42, “Our”, “Us” means the company H42 Management S.à r.l., 124, Boulevard de la Pétrusse - L - 2330 Luxembourg
SCOPE, AND MODIFICATION OF THE TERMS & CONDITIONS
Unless we indicate otherwise, these Terms & Conditions apply to your use of the Platform which is owned, and operated by Us.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time, and without prior notice or liability. You should check these Terms & Conditions periodically for changes. By using the Platform after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to all or part of any changes to the Terms & Conditions, you should stop using the Platform.
The Terms & Conditions have been updated on March 30th, 2015.
WHAT IS FILECHAT ?
FileChat is a web and mobile platform that allows users of Dropbox, Google Drive or OneDrive to chat, and exchange any content (information, documents, images, etc.) within their existing cloud storage environment.
FileChat is a unique opportunity to invite, and communicate with people on your cloud without duplicating any files. It can be used for many purposes, from a virtual working room in which users can exchange, and collaborate on specific files, to a forum for creative brainstorming or just to comment on the latest additions to the family photo album.
MODIFICATION OF THE PLATFORM
In our sole discretion and without prior notice or liability, We may discontinue, modify or alter any aspect or feature of the Platform, including, but not limited to, (i) increasing/restricting the time the Platform is available, (ii) extending/restricting the amount of use permitted, and (iii) extending/restricting or terminating any user's right to use the Platform. You agree that any termination or cancellation of your access to, or use of, the Platform may be effected without prior notice, nor liability.
CONDITIONS OF USE OF THE PLATFORM
We recommend using the latest version of the browsers. Breach or lacks of security may occur with previous versions.
The use of IOS or Android FileChat specific applications is recommended on tablets and smartphones. Using FileChat on the web browser of your smartphone or tablet is not recommended since any features and/or the best security level may not be available.
FileChat is not for use by children under 13 years. By using FileChat, you are representing to Us that you are over 13.
RESTRICTIONS ON USE OF THE PLATFORM
You may use FileChat only in compliance with the Terms & Conditions, and applicable law.
We has all ownership on the Platform, including any software, and technology used. Using FileChat does not provide you with ownership of any intellectual property rights in the Platform or any of the Content that you may access.
Unless otherwise specified, We grant you a non-exclusive, non-transferable, limited right to access, use and display the Platform, and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions.
You acknowledge that FileChat contains Content that are protected by rights such as copyright, data base right, patent, trademark, trade secret and/or other proprietary right, and that these rights are valid, and protected in all forms, media and technologies existing now or hereafter developed.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Platform.
You may not modify, publish, transmit, distribute, sale, create derivative works of, or in any way exploit, directly or indirectly, any of the Content, in whole or in part.
The use of the Content for any other purpose than using FileChat in compliance with the Terms & Conditions, is strictly prohibited unless you receive our prior written consent.
We will respond to notices of alleged copyright infringement (if they comply with applicable law). We reserve the right to delete or disable content alleged to be infringing, and suspend or terminate the corresponding account.
When using FileChat, you agree not to:
PASSWORD AND USER ACCOUNT SECURITY
To use FileChat, you must create your own account on the Platform. You are entirely responsible for maintaining the confidentiality of your password, and user account information, and you agree not to disclose your password to any third party.
You are responsible for any third-party using your FileChat account, whether or not you authorized that activity.
You agree to notify us immediately in the event of any known or suspected unauthorized use of your account.
You acknowledge that if you wish to protect your transmission of data or files to the Platform, it is your responsibility to use a secure encrypted connection to communicate with FileChat.
RIGHTS ON THE DOCUMENTS UPLOADED ON FILECHAT
FileChat allows you to submit your own content. In such cases, you remain sole liable of such content, and owner of any intellectual property rights that you hold in that content.
LINKS TO THIRD PARTY WEBSITES
We may provide links to other worldwide websites or resources. However, the linked sites are not under Our control, and the inclusion of any link does not imply Our endorsement of the site. We are, therefore, not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
You should therefore direct any concerns with respect to any other website to that website's administrator or webmaster.
LIMITATION OF WARRANTY
Any software, Content, services, products, materials, etc. available on the Platform are provided "as is", and without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, compatibility, security, or accuracy.
Neither Us nor any of our licensors, licensees, service providers, suppliers or partners warrant that the Platform, or any function contained in it, will be uninterrupted, or error-free, or virus-free.
Any Content or material downloaded or otherwise obtained through the use of the Platform is done at your sole risk, and you will be the sole responsible for any damage resulting from your use of the Platform.
In no event shall the copyright holder or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
LIMITATION OF LIABILITY
We, and any of our licensors, licensees, service providers, suppliers or partners shall not be liable for any direct indirect, special, consequential, exemplary or punitive damages, or any other damages, including, but not limited to loss of profits, revenues, goodwill, use, data resulting from the use of inability to use the Platform, the use of any Content or other material available on the Platform, or websites linked to the Platform, or any other matter related to FileChat.
In any event, We, and Our suppliers, partners and distributors will not be liable for loss or damage that is not reasonably foreseeable.
If you are dissatisfied with any element related to FileChat, your sole and exclusive remedy is to stop using FileChat.
In any case, our liability under these Terms & Conditions is capped to at the amount paid in the previous 12 months by you to us].
We value your privacy and will take reasonable steps to safeguard the confidentiality, and security of any information you input or send to the Platform by using secure services, and encryption technology.
APPLICABLE LAW AND COMPETENT COURT
These Terms & Conditions are governed by Luxembourg’s law. All claims arising out of or relating to these Terms & Conditions will be ligated exclusively in courts of Luxembourg’s.