Terms and Conditions

Last updated: May 01, 2024

1. Acceptance of Terms 

By purchasing or using any plans or services provided by FileMap ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, you should refrain from purchasing and using the Service.

2. Service Description 

FileMap.com offers a visual file management platform designed to enhance efficiency and collaboration. Our intuitive interface simplifies data management, allowing educators and students to engage more effectively with their course materials and improve the overall educational experience. FileMap supports real-time collaboration, making it a vital tool for modern educational environments. Benefits include:

1. Improved file organization for enhanced accessibility

2. Boost interactive learning and real-time engagement in visually content-rich files.

3. Advanced tools to organize course content and progress, and improve student engagement 

3. Use License 

a) Grant of License: FileMap grants you a non-exclusive, non-transferable, limited license to use the Service strictly in accordance with these Terms. 

b) Restrictions: You may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service.

4. Intellectual Property 

1. Ownership: FileMap and its licensors retain all intellectual property rights in their services, deliverables, technology, templates, formats, and dashboards. This includes any modifications or improvements made by FileMap. Users do not gain any rights or licenses not expressly granted in the agreement.

2. Customer Content: Customers retain all intellectual property and other rights in the content and materials they provide to FileMap, except for the rights granted to FileMap to use this content as needed to provide their services.

3. Trademarks: FileMap's trademarks, logos, and service marks, along with those licensed to FileMap, are protected. Users are not granted any rights or licenses to these trademarks and cannot use or reproduce them without permission.

4. Usage Data: FileMap may generate and use usage data to operate, improve, analyze, and support their services for other lawful business purposes, provided this data does not contain customer content.

5. Use of Name and Logo 

FileMap may use the name and logo of the Customer, in its marketing materials, including but not limited to case studies and testimonials, to depict the affiliation or usage of the Service. This use is granted on a non-exclusive basis and can be revoked by the Customer at any time.

6. Customer Obligations 

Customers are responsible for the accuracy and legality of their content and must not use the service for prohibited data or high-risk activities. They must ensure that their use complies with all applicable laws and does not infringe on third-party rights.

​

​7. Termination

1. Term: The agreement starts on the effective date and continues until 60 days after the expiration or termination of all subscription terms.

2. Termination for Cause: Either party can terminate the agreement if the other party fails to cure a material breach within 30 days after notice, ceases operation without a successor, or seeks protection under bankruptcy or similar proceedings.

3. Termination for Convenience: Either party can terminate the agreement at any time for any reason with 90 days' notice. The customer will not be entitled to a refund of pre-paid fees, and any outstanding fees for the current subscription term will become immediately due and payable.

4. Effect of Termination: Upon termination or expiration, the customer's access to the service will cease, except for limited use to export customer content. The receiving party must delete all of the disclosing party's confidential information, except for customer content, which will be deleted according to FileMap's standard schedules and procedures. Confidential information may be retained in standard backups but will remain subject to confidentiality restrictions.

5. Survival: Certain sections of the agreement will survive termination, including those related to data export, customer obligations, effect of termination, ownership, limitations of liability, indemnification, confidentiality, and general terms.

8. Indemnification 

FileMap will defend and indemnify customers against claims that the service infringes on third-party intellectual property rights, provided the service is used as authorized. Conversely, customers must defend, indemnify and hold harmless FileMap, its officers, directors, employees, agents, and third parties, from any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Service, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.

9. Disclaimer of Warranties 

​You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. FileMap expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

FileMap liability is capped at the amount paid by the customer in the prior 12 months for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses excluding specific claims such as breaches of confidentiality or willful misconduct .

11. Governing Law 

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

12. Modification of Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

13. Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: feedback[at]filemap[dot]com