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Terms of service

Last updated 25th August 2021

The Summary

File Request Pro SLU (File Request Pro from now on) operates the FileRequestPro.com service.

For paid accounts, you’ll be charged on a monthly or yearly basis according to your plan. We do offer 60 refund if not happy with the service. After 60 days no refunds are considered.

You own the data and files that are uploaded via FileRequestPro.com and you’re responsible for keeping it safe. We provide the service “AS IS”, without any guarantees.

The Service does not include any long-term storage and backup of uploaded Documents or any other Customer Data. The Customer understands that he/she/it is has the sole responsibility to ensure that all Contacts, Contact Information, uploaded Documents and Customer Data are backed up and stored long-term outside the File Request Pro solution. File Request Pro excludes any liability in the event of a loss of any Customer Data.

The Terms of Service, FileRequestPro.com itself, and our prices can change at any time. We’ll warn you 30 days in advance of any price changes. We’ll try to warn you about major changes to the Terms of Service or FileRequestPro.com, but we make no guarantees. The Customer agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the Customer’s acceptance of such revised terms.

By registering on the Website or using the Service, the Customer acknowledges that he/she/it has read, understood and agreed to the entirety of these Terms of Service. File Request Pro SLU strongly advises the Customer to print and/or save a copy of the Terms of Service.

Definitions

In this Agreement, words or phrases beginning with a capital letter shall have the following meanings:

“Account” means the account of the Customer after entering into the Agreement, which enables the Customer to use the Service.

“Agreement” ​means the agreement constituted by these Terms of Service, the Subscribed Plan, the Privacy Policy and any potential subsequent amendments of those as well as any separate agreement entered into between File Request Pro SLU and the Customer for the performance of the Service.

“API (Application Programming Interface)​” means the programming interface allowing Customers to interconnect the filerequestpro.com to third-party tools (web or desktop application) under their sole responsibility;

“Contact Information” means the name, email address, phone number, telephone number, and other information provided by the Customer and uploaded by the Customer to the filerequestpro.com.

“Customer” ​means the individual or legal entity, professional only, with whom File Request Pro SLU entered this Agreement and whose name and address appear on the Account. The Customer and File Request Pro SLU are hereinafter collectively referred to as the “Parties” or individually as a “Party”.

“Customer Data​” means any information that the Customer collects via the filerequestpro.com. Customer Data includes data collected from Contacts through forms but also behavioural data (email openings, website views,…).

“Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly.

“Privacy Policy” means the document drawn up by File Request Pro SLU presenting how it processes the Customers’ and the Users’ Personal Data, as well as Contacts and Contact Information (https://filerequestpro.com/privacy-policy);

“Service​” ​means the grant of access to the filerequestpro.com by File Request Pro SLU and the use of the filerequestpro.com in SaaS mode by the Customer, under the terms and conditions set out in the Agreement.

“Subscribed Plan​” ​means the fee­-based plan subscribed by the Customer for a fixed monthly or an annual period, which appears on the Account (and then possibly modified by the Customer). The Service is provided through separate offers, which functionalities are described on the Website, or through specific tailored offer(s).

“Users” means the Customer’s employees, representatives, consultants, contractors or agents who are authorized to use the Service for the benefit of the Customer and have unique user identifications and passwords for the Service.

“Website” means the File Request Pro website accessible at www.filerequestpro.com

Your Agreement with File Request Pro

Your use of the FileRequestPro.com service is governed by this agreement (the “Terms”). The “Service” means the FileRequestPro.com online service, which File Request Pro makes available includes our web sites (https://filerequestpro.com/), our blog and social network channels, our API, and any other software, sites, and services offered by File Request Pro in connection to any of those.

In order to use the Service, You (the “Customer”, “You”, or “Your”) must first agree to the Terms. You understand and agree that File Request Pro will treat Your use of the Service as acceptance of the Terms from that point onwards.

File Request Pro may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, File Request Pro will treat Your use as acceptance of the updated Terms.

Your Account

You may not use the Service if You are a person barred from receiving the Service under the laws of the Republic of Spain or other countries, including the country in which You are resident or from which You use the Service. You may not use the service unless you are over the age of 13.

You must provide your name, a valid email address, and any other information requested in order to complete the signup process.

Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.

You are responsible for maintaining the security of your account and password. File Request Pro cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Use of the Service

  • You must provide accurate and complete registration information any time You register to use the Service.
  • You are responsible for the security of Your passwords and for any use of Your account.
  • Your use of the Service must comply with all applicable laws, regulations and ordinances.
  • You agree to not engage in any activity that interferes with or disrupts the Service.
  • File Request Pro does enforce quotas and usage limits on the Service. The Service also rely on the Google Drive APIs controled by Google Inc., OneDrive API controlled by Microsoft Inc, who reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in disabling or throttling your usage of the Service for any amount of time. File Request Pro implemented the service according the official documentation and conducts technical steps to avoid disruption of the Service, but cannot provide any guarantees.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any File Request Pro customer, employee, member, or officer will result in immediate account termination.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by File Request Pro) of other File Request Pro customers, we reserve the right to immediately disable your account or throttle your file uploads until you can reduce your bandwidth consumption.
  • You may not allow multiple people to use the same account or otherwise access the Service in a manner intended to avoid incurring fees.

Availability

Subject to circumstances outside of File Request Pro’s reasonable control, File Request Pro aims to keep the Service operational:

  • For a minimum of 98% of the time during Normal Business Hours ( 09:00 - 18:00 CET ).
  • For a minimum of 95% of the time overall.

Subject to the availability of the third-party API and any Storage Provider’s platform.

We do not warrant that

  • your use of the Service will be uninterrupted or error-free;
  • the Services obtained by you through the Service will meet your requirements; or
  • the Service will be compatible with your Device or any telecommunication links.

The Service does not include any long-term storage and backup of uploaded Documents or any other Customer Data. The Customer understands that he/she/it is has the sole responsibility to ensure that all Contacts, Contact Information, uploaded Documents and Customer Data are backed up and stored long-term outside filerequestpro.com. File Request Pro SLU excludes any liability in the event of a loss of Lead Data or any other Customer Data.

Fees for Use of the Service

  • The Service may be provided to You without charge up with certain limits or for a certain “trial” period of time.
  • Usage over this limit (or after the “trial” period) requires You to purchase of additional resources or services.
  • Payments are refundable within 60 days of the payment. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  • Charges are solely based on published pricelist and are fixed for a selected plan, unless otherwise agreed to in writing. You are never going to be charged more then you agreed in the moment of purchase.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
  • You acknowledge and agree that any credit card and related billing and payment information that You provide to File Request Pro may be shared by File Request Pro with companies who work on File Request Pro’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to File Request Pro and servicing Your account.
  • File Request Pro may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.

Cancellation and Termination

  • You must downgrade (cancel) your account via https://filerequestpro.com/settings/ or by email to contact(at)filerequest.com with 15 days notice. Phone request or chat messages to downgrade or cancel Your account is not considered cancellation.
  • You will not receive any refunds if You cancel Your account.
  • If You cancel the Service before the end of Your current paid up year, Your cancellation will take effect immediately and You will not be charged again.
  • All of Customer Data will, within a reasonable amount of time to be determined solely by File Request Pro, be deleted from the Service upon cancellation.
  • You agree that File Request Pro, in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that File Request Pro will not be liable to You or any third party for such termination.

Customer Data

  • File Request Pro claims no ownership of any Customer Data. You retain copyright and any other rights You already hold in the Customer Data and You are responsible for protecting those rights, as appropriate.
  • You agree to assume full responsibility for configuring the Service to allow appropriate access to any Customer Data transferred via the Service.
  • You understand that the upload pages you create, embed or use with API are available to any party on the Internet, including search engines and web spiders.
  • You understand that the upload pages you create, embed or use with API can be used to submit data to your private Google Drive account, OneDrive Account or Dropbox. Such submitted data counts towards your storage plan on those services.
  • You retain sole responsibility for any collaborators or third-party services that you integrate with the Service and entrust them at your own risk.
  • File Request Pro is not responsible if you fail to configure, or misconfigure and inadvertently allow unauthorized parties view any Customer Data.

Ideas and Feedback

You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place File Request Pro under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Modification of the Service

  • You acknowledge and agree that the Service may change from time to time without prior notice to You.
  • Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
  • File Request Pro shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

External Resources

The Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that File Request Pro is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

License from File Request Pro and Restrictions

File Request Pro gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by File Request Pro as part of the Service as provided to You by File Request Pro. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by File Request Pro, in the manner permitted by the Terms.

You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by File Request Pro, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.

Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with File Request Pro for the use of the components of the Service released under an open source license.

Exclusion of warranties

  • You expressly understand and agree that your use of the service is at your sole risk and that the service is provided “as is” and “as available.”.
  • You agree that File Request Pro has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that You are solely responsible for securing and backing up Customer Data submitted by the Service.
  • File Request Pro SLU its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Limitation of liability

The Service is provided on an “as is” basis and “as available” basis. The Service shall not substitute any other function in the Customer’s organization. The information given by File Request Pro SLU is provided solely for the use of the Service but not for the Customer’s organization. File Request Pro SLU has an obligation of means and does not provide any implicit or explicit warranty as to the use of the Service.

File Request Pro SLU does not warrant that (i) the Service will meet the specific requirements of the Customer, (ii) the Service will be uninterrupted, timely, secure, or error­free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by the Customer through the Service will meet the Customer’s expectations, and (v) any errors in the Service will be corrected.

When cancelling your account, Contacts, Contact Data and uploaded Documents is kept by File Request Pro SLU for a period of 30 calendar days maximum by default. Therefore, it is the Customer’s responsibility to ensure the storage and registration of his/her/its Customer Data. File Request Pro SLU shall not be held responsible for any loss of Contacts, Contact Data, uploaded Documents or Customer Data.

File Request Pro SLU might block the Customer’s Account in the event that the Customer went over the limit of the Subscribed Plan. File Request Pro SLU excludes any liability for the suspension of the Account.

The Customer understands that File Request Pro SLU uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service.

File Request Pro SLU excludes any liability in the events of:

  • A downgrading of the Service;
  • Loss of uploaded Documents or any other Customer Data, features, or capacity of the Customer’s Account;
  • A modification, price change, suspension or discontinuance of the Service;
  • A loss or damage from Customer’s failure to comply with the Customer’s undertakings, including his/her/its security obligation;
  • Concerning use of uploaded Documents or any other Customer Data.

The Customer expressly understands and agrees that File Request Pro SLU shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if File Request Pro SLU has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services purchased through or from the Service; (iii) unauthorized access to or alteration to the Customer’s Account; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.

In any case, the overall liability of File Request Pro SLU is strictly limited to the overall fees paid by the Customer for the ongoing Subscribed Plan.

Indemnification

You agree to hold harmless and indemnify File Request Pro, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “File Request Pro and Partners”) from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, © Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Source Code, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, File Request Pro will provide You with written notice of such claim, suit or action.

General Legal Terms

The Terms constitute the whole legal agreement between You and File Request Pro and govern Your use of the Service and completely replace any prior agreements between You and File Request Pro in relation to the Service.

You agree that if File Request Pro does not exercise or enforce any legal right or remedy which is contained in the Terms (or which File Request Pro has the benefit of under any applicable law), this will not be taken to be a formal waiver of File Request Pro’s rights and that those rights or remedies will still be available to File Request Pro.

This agreement and all matters arising out of it shall be governed by the Swiss Law. The parties expressly waive the application of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes between the parties shall be Unterägeri/Zug, Switzerland.

File Request Pro shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

Choice of Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Contacting Us

If there are any questions regarding this agreement, you may contact us using the "Contact us" widget in the footer or at the address:

FileRequestPro.com
File Request Pro SLU
Andalucía Lab - Ctra Nacional 340, Km 189,6
Marbella, 29604 - Málaga
Spain