Terms & Conditions

www.FileFort.in (the “Website” or “Site”) and the FileFort App (the “Mobile App”) are internet based resources operated by Softdoc Management Private Limited, a private limited company incorporated under the Companies Act, 2013 (hereinafter referred to as “Company”, “we”, “us” or “our” as the context may require).

These Terms and Conditions, together with our privacy policy (“Privacy Policy”) and the documents referred to herein (collectively referred to as the “Terms”) describes the terms and conditions on which you may make use of the Website, the Mobile App and/or the Company’s flagship platform (hereafter referred to as “Platform”), whether as a guest or a registered user. These Terms also govern, and apply to the services made available to you on the Platform (collectively referred to as “Services”). The Services include, among other things, the facility of creating a ‘User Account’ and storing one’s own Information and Personal Data (as defined below) for subsequent transfer, download and use.

These Terms represent a binding contract between you and us with regard to the Platform, and in particular the Services. Therefore, you should read these Terms carefully before you start to use the Platform and/or the Services. These Terms supersede all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Platform to avail the Services.

These Terms apply to you whether you are:

1. A company or individual, or its/his/her representative, presently storing or seeking to store such individual or company’s Information or any other information provided by such company or individual (as defined below) on the Platform and avail the Services (“End User”, “you” or “User”).
2. Any other user of the Platform (“you” or “user”).

By visiting the Website, downloading the Mobile App or otherwise using the Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use Platform or the Services for any purpose.

1. Changes to These Terms

We may revise these Terms at any time, by amending this page, without providing any intimation to you. Please check these Terms from time to time, to take notice of any changes that we make, as they will be binding on you. We may send you updates on our revised Terms and you agree to review the revised Terms upon being provided such updates.

2. Changes to Platform

In order to optimize and improve your experience, we may update the Platform from time to time, and may change the content, display or form at any time without prior notice. We do not guarantee that the Platform, or any content provided or displayed on it, will be free from errors or omissions. Further, we are under no obligation to update the Platform or any of the content provided on it.

3. Eligibility

You must be 18 (eighteen) years or older and capable of entering into a legally binding agreement (as per the Indian Contract Act, 1872) in order to use the Platform and the Services as a registered user. Minors, persons of unsound mind or other individuals who are incapable of contracting, may only use the Platform and the Services through a parent, guardian or representative. In such cases, these Terms will apply to such parent, guardian or representative.

Terms of Services Applicable to All Users

Registration and Information

• In order to use the Services, you are required to complete a registration process. During this process you are required to submit your ‘Personal Information’, which includes any information which, either directly or indirectly, is capable of identifying you, whether as a company or an individual. Such information may include your name, age, gender, phone number, physical address and details of your mobile device. In case of a minor, such a registration process may be undertaken by his/her parent or guardian.
• You agree that the Personal Information provided by you upon registration and at all times thereafter will be true, accurate, current and complete. You agree to maintain and update this information to keep it true, accurate and complete at all times while using the Platform.
• The Company uses industry–level security and encryption to protect your User Account. However, the Company cannot guarantee prevent unauthorized access if you lose your login credentials or share your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to legal@Softdoc.co.in.

Collection and Storage of Information

• The Company may collect, directly from you and/or from a third-party source, and thereafter store, inter alia all the information provided to us when a User registers on the the Platform including all the information detailed in Paragraph 1 of the Privacy Policy of the Company (“Information”). The Company understands that ownership of any Information collected or created under the Platform will solely vest with the Users and User will provide a limited, non-exclusive, worldwide license to the Company to use the Information for the purpose of providing the Services.
• Depending on the circumstances, Information may constitute Sensitive Personal Data or Information (“SPDI”), as defined in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Privacy Rules”), and would be collected, stored, processed, transferred, disclosed and destroyed in accordance with the Company’s Privacy Policy.
• By using the Platform and the Services, and/or by clicking accept, you expressly consent to the collection and use of your Information in accordance with these Terms and the Privacy Policy.
• In the event a User Account is created for a minor, by his/her parent or guardian, such parent or guardian will be responsible for the minor’s Information and will deemed to have granted his/her consent for the collection and use of the minor’s Information.

Your uploaded files and back-up

• In the course of using our Services you submit to us files, contacts, email messages, folders etc. (“Files”). You retain all rights and full ownership of any ownership/intellectual property rights that you hold in the content of your Files.
• These Terms don’t give us any rights to your Files. however, we may access your Account and Files to respond to the problems regarding the Services or for solving any technical issue related to the Service. We may grant the same right to the trusted third parties we work with in order to provide the Services.
• We will not monitor or disclose the information regarding your Account or Files without your prior permission unless this is required by applicable law. Please bear in mind, that your Files’ content may be protected by intellectual property rights that belong to another person. Please make sure, that you do not copy, upload, download, share or use the Files in any other way, unless you have the right to do so.
• You agree and understand that you are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness as well as copyright of all your Files.
• We reserve the right to remove or restrict access to the Files or information, in case we have received information that these Files or information is a subject of possible breach of the Contract or violation of law or third party rights (e.g. when we receive a notice about the breach of copyright). We bear no responsibility or liability for removing the Files or making them inaccessible. It’s your responsibility to solve any legal issues with any third parties before we can restore your access to the Files or information in question.
• We recommend taking appropriate measures to back-up and restore your Files as you consider necessary. The Company provides Service tools to assist you with the back-up activities. however, the Company cannot take responsibility for your Files and will not be liable for any loss or corruption of your Files or for failure to access, to upload, to back-up or restore your Files. also for any costs or expenses associated with backing up or restoring the Files.
• It is our right to determine the acceptable file types within our Services and restrict you from uploading certain types of files to your Account.

Transfer of Information

• The Company may transfer and/or disclose your Information to its affiliates, group entities for the limited purpose of providing the Services. Information will be transferred in accordance with applicable laws, and only to entities and jurisdictions which ensure the same or greater level of data protection that is adhered to by the Company under the Privacy Rules.
• By using the Platform and the Services, and by clicking accept, you expressly consent to the transfer and disclosure of your Information in such manner, and to such recipients, as set out above. You further agree and acknowledge that such transfer is necessary for the performance and provision of the Services.
• In the event the Company is acquired by or is merged with a third-party entity, we reserve the right to transfer or assign your Information that we have collected from you or from third parties, as part of such merger, sale, acquisition or change of control.

Anonymized Data

• By using the Platform and/or the Services, you expressly consent to the Company collecting and storing de-identified or anonymized Information, by removing all personal identifiers therefrom. Such information (referred to as “Anonymized Data”) will be the sole property of the Company and may be retained by the Company for as long as deemed necessary for operating the Platform. Anonymized Data will be aggregated and/or altered, to ensure that such data cannot be connected or linked to you or any specific individual.
• The Company may also collect, retain and use Anonymized Data in the following circumstances:
  1. In the event you delete your User Account, or delete your Information from the Platform; and
  2. In the event you reject these Terms or refrain from completing the registration process and/or creating a User Account.
• Anonymized Data and/or any data derived therefrom may be used for the purpose of commercial data analytics and to derive usage statistics and patterns, among other things. However, the Company may transfer/disclose such Anonymized Data and/or any derived data with its affiliates, and third parties, such as advertisers, investors, vendors and strategic partners. The Company may also commercially utilize Anonymized Data and/or any derived data for the purpose of its business.

Deletion of Information

• The Services provides you the capability of deleting any Information stored on the Platform in your User Account.
• You further acknowledge that the deletion of Information stored on the Platform in your User Account, and/or the deletion of your User Account would not affect or prevent the Company’s use of Anonymised Data as set out above.

Waiver of Liabilities

• Every effort has been made to ensure that the information provided on the Platform is accurate. However, we accept no responsibility for the accuracy, quality, reliability, or correctness of any of the Information collected and stored by the Company. The User shall be solely responsible for any information that is uploaded by the User on the Platform including Information.
• The Company will also not be liable for any incorrect or negligent use of the Information by Users, third parties and/or Registered Practitioners, including reliance on such information by healthcare providers, diagnostic centers, pharmacies, hospitals, clinics etc. The Company will not be liable for any harm caused to the User due to such incorrect or negligent use of Information.
• The role of the Company, in relation to the Information will be limited to that of an ‘Intermediary’, under the Information Technology Act, 2000 (“IT Act”). Therefore, the Company will not initiate the transmission of Information, select the recipient of the Information and/or modify the contents of the Information.
• The Services are only intended to assist Users in storing and accessing records in an easier way and allow them to conveniently store and access their Information.

Prohibited Uses

• You will not use the Services for any illegal, unlawful or prohibited purposes. In particular, the Services will not be used for illegal transactions involving the sale, purchase or transfer of goods and services which are prohibited, regulated or restricted under Indian laws.
• Further, by using the Services on the Platform, you will not:
  1. Use the Services for any commercial purpose which is competitive with the business of the Company.
  2. Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of other person without their permission, or perform any other similar fraudulent activity.
  3. Infringe our or any third party’s intellectual property rights, rights of publicity or privacy.
  4. Post or transmit any message, data, image or program which is pornographic in nature.
  5. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Platform or features that enforce limitations on the use of the Services.
  6. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof.
  7. Use the Platform or the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner.
  8. Breach these Terms of any other applicable policy of the Company.
  9. Provide false, inaccurate or misleading information.
  10. Use the Platform to collect or obtain personal information, including without limitation, Information, about other Users.
  11. Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to the Company, a third party or you; or
  12. Host, display, upload, modify, publish, transmit, update or share any information that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You understand and agree that the above list is not exhaustive and has been provided for illustrative purposes only.

Fees and payments

Fees

1. Although many of our Services are free of charge, we apply reasonable fees for using some of our Services or its features (e.g. sharing Files, additional storage space etc.). Price list with applicable fees (“Fees“) and information about different payment plans are available on our Site.
2. We may automatically renew your Services and charge you for a renewal term. You can opt out of having your Services automatically renewed by notifying us about it by e-mail at least three (3) days before the renewal date.

Trial period

1. We offer 15 days free trial period for all our payable features and Services. Unless you have cancelled or downgraded your Account within the trial period (i.e. the last day of the trial period the latest) the Service will turn into a payable Service according to your subscription. The first payment is in due at the first day after trial period expires. thus we will charge your credit card accordingly.
2. After trial period expires, you can still at any time upgrade or downgrade your Account, changing your payment plan according to your needs. however, in case of downgrading we provide no refund for the prepaid period.

Billing

1. In case you have chosen a paid subscription, we’ll automatically bill you from the date you convert to a paid subscription. Payments are due to us on the date when the invoice in posted on your Account.
2. You must keep your billing information current. You may change your payment method and modify your billing information on the Site at any time. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your notice.

Payments

1. All Fees will be billed to the credit card you designate during the subscription process. You must be the authorized user of the credit card which data you provide for billing purposes. By providing us your credit card data you authorize us to charge you for the Services using your credit card and for any paid feature of the Services that you subscribe to or use while these Terms are in force.
2. Other payment methods are accepted only if and as provided on our Site (e.g. on-line payments through our cooperating banks).
3. All payments shall be paid in Indian Rupees. You may have to incur costs for conversion and transfer of money, applicable by your financial service provider.
4. You are responsible for all applicable taxes, and we shall charge taxes when required to do so.
5. In case of payment delay, you are not able to use any chargeable features of our Services until payments in due have been fully paid.

Changes to the price list

1. Please note, that we may change our price list from time to time, notifying you in advance through the Service or by e-mail. If you don’t agree with the changes, you can stop using the Service, notifying us about it by e-mail at least three (3) days before the changes would start to apply to you.
2. Changes of the price list do not affect the Services with the effective offer on a specific price for a specific term, until the effective offer term expires. after that your Service usage will be charged with then-current fees. In case of termless offers with regular payments (e.g. monthly), new prices will apply to you starting from a new payment period, unless you have notified us about your decision to downgrade or stop using the Services in timely manner, i.e. by e-mail at least three (3) days before the end of the current payment period.

Refund policy

1. All applicable fees shall be paid in advance for the selected period and are not refundable, unless otherwise is explicitly provided in the Contract or applicable law.
2. If you have validly terminated the Contract due to the non-compliance of the Services with the terms and conditions of the Contract, we will provide you a refund proportionally to the period when the Services were proved to be non-compliant as well as for the prepaid subscription period following the termination date.
3. In case you are entitled to the refund according to the Contract or applicable law, we will carry out the reimbursement free of charge within 14 days using the same means of payment as you used to pay for your subscription (we may use other means of payment, if you expressly agree to this and provided that this is free of charge for you).

Updates and changes

1. We reserve the right to make updates and other changes to the Services and to its functionalities at any time. In case we consider the modifications to be significant, we will inform our users about the changes through our Site and/or via e-mail at least thirty (30) days in advance.
2. We may also revise these Terms from time to time to keep up with the changes in legislation or court practice, to improve our Services or to clarify some aspects of our Services or these Terms, to make the Services or these Terms more user-friendly or to follow the prescriptions of supervisory authorities, officials or courts. The most current version of the Terms is always available on our Site. If changes to the Terms will significantly reduce users’ rights we will notify our users about the upcoming changes through our Site and/or via e-mail at least thirty (30) days in advance.
3. If you are not happy with the modified Services or Terms, you should discontinue the use of the Services and cancel the Service or the Contract by sending an e-mail notice to info@filefort.in before the changes come into effect. You are not entitled to this right of cancellation if we have provided you with the option to reject the proposed changes and keep using the old version of the Services.
4. Please consider that by continuing to use the Services after the changes come into effect, you agree to the Service changes and are bound by the revised Terms of the Contract.
5. We are not liable for any loss or damage caused by our right to amend these Terms or modify or suspend the Services.

Communications with You

1. By accepting these Terms and by using the Services, you authorize the Company to directly communicate with you at any or all of the forms of communications including mobile numbers, email addresses and physical addresses that you may either provide us directly or that we may have obtained from third party sources.
2. You further acknowledge and agree that any such communication, by phone or SMS, would constitute a “Transactional Message” as per the Telecom Commercial Communication Customer Preference Regulations, 2010, notified by the Telecom Regulatory Authority of India.

Termination

1. You agree that the Company, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services at any time.
2. Company may also in its sole discretion and at any time discontinue providing access to the Platform, or any part thereof, with or without notice.
3. You agree that any termination of your access to the Services or any User Account you may have, or portion thereof may be without prior notice, and you agree that the Company will not be liable to you or any third party for any such termination.
4. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity.
5. Upon termination for any reason, you agree to immediately stop using the Services.

Third Party Websites

The Platform may have links to third party websites and webpages, which may have information on topics of interest to you. However, the Company does not sponsor or endorse any of these sites, nor does the Company make any guarantee, warranty or representation regarding the accuracy of the information contained on these websites. Further, the Company has no control over the privacy or security practices of these external websites. These links are provided for your general information only and should not be relied upon for personal diagnosis or treatment, or as an alternative for professional medical care.

Limitation of Liability

• In no event will the Company or its agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to:
  1. These Terms;
  2. The Services or the Platform; or
  3. Your use or inability to use the Services, the Platform.
• In no event will the Company or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to:
  1. These Terms;
  2. The Services;
  3. Your use or inability to use the Services, the Platform; or
  4. Any other interactions with the Company,
  however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services, the Platform giving rise to the cause of action or INR 1000 (Indian Rupees One Thousand only), whichever is more.

Disclaimer of Warranties

• You expressly understand and agree that your use of the Service and products are at your sole risk. The Services are provided by the Company on “as is” and “as available” basis.
• We make no warranty that (i) the quality of the Service, products or information will meet your requirements or expectations; or (ii) the Service will be uninterrupted, timely, secure or error-free or errors or defects will be corrected.
• We may provide links to other websites or resources, but we do not take any responsibility or liability for the availability or accuracy of the linked sites or resources. Following the links is at your sole discretion and risk.
• Any content downloaded or otherwise obtained through the use of the Service or software is accessed at your own discretion and risk, and you will be solely responsible for it.

Indemnification

You agree to indemnify, save and hold the Company and its affiliates, contractors, employees officers, directors, agents and third party partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses arising out of or related to your use or misuse of the Services or the Platform, any violation of these Terms or any of the covenants made by you herein.

Content and Intellectual Property Rights

All content included on the Platform, except for the Information, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights and database rights laws. The compilation of all content on the Platform is our exclusive property, and is protected by laws of India and international copyright and database right laws. All software used on the Platform is also our exclusive property, or the property of our affiliates or software suppliers, and is protected by Indian and international copyright and authors’ rights laws.

You are hereby granted a limited license to access and make personal use of the Platform (as applicable) for the Services, but not to modify it, or any portion of it, without our express written consent.

The Users are not permitted to host, display, upload, modify, publish, transmit update or share any Information that:

1. Belongs to another person and to which the User does not have any right to.
2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
3. Harm minors in any way.
4. Infringes any patent, trademark, copyright or other proprietary rights.
5. Violates any law for the time being in force.
6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
7. Impersonate another person.
8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
9. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

The Company, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, will be entitled to disable such Information that is in contravention of the above. The Company will also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

The Company may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The Privacy Rules only permit the Company to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the Company as provided for under the Privacy Rules, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the User or where the User has consented to data transfer.

License to Use Platform

We grant you a limited license to access and make personal use of the Platform, but not to modify it, or any portion of it, except with our written consent. This license does not include any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of the Platform or its contents; any downloading or copying of account information for the benefit of another user, or any use of data mining, robots or similar data gathering and extraction tools.

The Platform or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent.

You will not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) that belongs to us without express written consent. You will not use any metatags or any other ‘hidden text’ utilizing our names or trademarks or logos, without express consent thereof. Any unauthorized use terminates the permission or license granted by us to you.

Privacy

By using the Platform, and/or the Services you agree to our Privacy Policy, the terms of which are incorporated into, and form a crucial part of these Terms. Our Privacy Policy sets out the terms on which we process any Information that we collect.

Force Majeure

Neither party shall be liable for any delay, interruption or failure to perform, or lost data under these Terms due the acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include (i) failures of Software or other computer programming, (ii) natural weather events, or (iii) any other causes beyond that party’s reasonable control and occurring without its fault or negligence, including also failure of suppliers, subcontractors, and carriers. As a condition to the claim of non-liability, the party experiencing the difficulty must give the other prompt written notice, with full details following the occurrence of the cause relied upon.

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of courts in Delhi, India.

Grievance Officer

The name and contact details of our grievance officer is as provided below:

Name: Mayank Goyal
Designation: Grievance Officer
Email: Mayank.g1402@gmail.com
Phone Number: +91 95820 36656

Our grievance officer may be contacted with respect to any complaints or concerns including those pertaining to breach of our Terms of Use and/or Privacy Policy.

Miscellaneous

These Terms apply to the maximum extent permitted by law. In case some provisions of these Terms will be deemed to be enforceable or invalid by the court, it does not affect other provisions of the Contract. We shall replace the invalid provisions with similar terms that are enforceable under relevant law and derive from the nature of the whole Contract.

These Terms have been formed in English language, which shall prevail to any other possible language versions of these Terms that we may publish on our Site for informative purposes. English is also a communication language between you and the Company. We may, but are not obligated to communicate with you in any other language that you possess.