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Terms of Use Agreement and description of the operating principles

Welcome to the Files.fm Cloud Storage Platform! These Terms of Service ("Terms") govern your access to and use of Files.fm, including our websites, applications, APIs, and related services (collectively, the “Service”). Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not access or use the Service. Files.fm may update these Terms from time to time (typically at least once per year). The latest version will be published on this page and will apply from the moment it is made available.

Files.fm is provided primarily on a self-service basis. You agree to use the Service responsibly and in accordance with applicable laws, generally accepted ethical standards, and reasonable usage limits. You must not use the Service for illegal, harmful, or abusive activities, including (without limitation) promoting hatred or violence, bullying or harassment, distributing copyrighted content without the necessary rights or permissions, attempting to gain unauthorized access to data or systems, introducing malware, or interfering with the operation or security of the Service. Files.fm may remove, restrict, or disable access to content or accounts that violate these Terms, infringe rights, pose a safety risk, or place an unreasonable load on the Service.

The Service is provided “AS IS” and “AS AVAILABLE”. While Files.fm takes reasonable measures (including monitoring and maintenance) to minimize risks and maintain availability, we do not guarantee uninterrupted access, error-free operation, or that stored content will always be available. Use of the Service involves inherent technical and operational risks, and you are responsible for maintaining appropriate backups and safeguards for your content.

Files.fm offers both free and paid plans and may also offer paid digital and/or print products. When you purchase a subscription or other paid service, fees are charged in advance for the selected billing period. Subscriptions renew automatically unless you cancel them in your account settings before the next renewal date. The key purchase details (including price, billing period, and renewal terms) are shown at checkout and are also sent to you by email for your records.

Payments are non-refundable because: (i) you have the opportunity to evaluate the Service (including via free usage and/or trial features); (ii) paid features and services become available immediately upon payment and may require allocation of technical resources; and (iii) print products (where applicable) are personalized and produced specifically for your order.

For more information about how we process and protect personal data, please review our Privacy Policy: here.

1) General Terms of Use for the Data Storage Platform

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://files.fm or https://failiem.lv website or other subdomains of these domains (the "Service") operated by Files.fm ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Our Privacy Policy explains how we collect and use your information: https://files.fm/privacy-policy

If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization.

Your Files and data

When you use our Service, you may upload and store various kinds of files or data („Your Files”). These terms does not give us any rights to Your Files, except limited rights, that is needed to run and provide the Service.

We need your permission to host, backup and share Your Files, when you ask us to. Our Service also provides you with features like photo and document previews, email communication, sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Files. You give us permission to do those things, and this permission extends to trusted third parties we work with.

Sharing Your Files

Our Service let you share Your Files with others, so you have to use it with a caution. You are not allowed to copy, upload, download or share content unless you have the right to do so.

On the Service, it is forbidden to carry out and submit, send or share the information (including photos, video and audio materials) that:

· infringes or violates the third parties` intellectual property (copyrights, etc.) rights;

· infringes personal dignity and respect;

· incite violence, racial hatred, or other illegal activities;

· is vulgar, libellous, or otherwise offensive;

· contains software viruses or designed to harm the computer or electronic communications software operation (security);

· is uncoordinated advertising, chain letters, spam, etc.;

· is of pornographic or excessively erotic nature or where video chat is advertised or work in video chat is offered;

· is information of any other kind that affects or could affect the operation and safety of the Portal;

· advertises financial services for which are not licensed according to the procedure of laws and regulations for providing financial services in the Republic of Latvia;

· advertises or promotes illegal race, income pyramid schemes, methods based on vendor recruitment;

· violates laws and regulations.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Service are not intended for and may not be used by people under the age of 13. By using our Service, you are representing to us that you are over 13.

Software

Some of our Service 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 Service. To the extent any component of the Software may be offered under an open source license, we will 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 Service, attempt to do so, or assist anyone in doing so.

The Service are protected by copyright, trademark, and other Latvia and foreign laws. These Terms do not grant you any right, title or interest in the Service, others’ content in the Service, Files.fm trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Copyright and Takedown requests

We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. More information here: https://files.fm/content-review

Paid Accounts

Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Account", „Pro account”, „Business account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

No Refunds. You may cancel your Paid Account at any time but you won’t be issued a refund unless it’s legally required, due to nature of the Service.

Downgrades. Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels.

Changes. We may change the fees in effect but will give you 30-day advance notice of these changes via a message to the email address associated with your account.

Termination

You’re free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you’re not complying with these Terms, or use the Service in a manner that would cause us legal liability, disrupt the Service or disrupt others’ use of the Service. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Service for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.

Service is provided "AS IS"

TO THE FULLEST EXTENT PERMITTED BY LAW, FILES.FM AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FILES.FM, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FILES.FM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE MORE THAN THE GREATER OF 10 EUR OR THE AMOUNTS PAID BY YOU TO FILES.FM FOR THE PAST 12 MONTHS OF THE SERVICE IN QUESTION.

Governing Law and resolving of disputes

All disputes between Service and users shall be resolved through negotiations. We want to address your concerns without needing a formal legal case. Before filing a claim against Files.fm, you agree to try to resolve the dispute informally by contacting support@files.fm. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Files.fm may bring a formal proceeding. Then they shall be settled in a court of the Republic of Latvia in accordance with the Terms and laws and regulations of the Republic of Latvia.

Entire Agreement

These Terms constitute the entire agreement between you and Files.fm 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.

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.

Modifications

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. And will post the most current version here. If a revision is material we will try to provide at least 15 days notice via email or posting a message on Service 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, please stop using the Service.

2) File Publishing, Licensing, and Sales

  1. General Terms

    1.1. By accessing a public file catalog, file store, and/or paid digital products published on Files.fm or via an integrated, file-based store embedded on another website (each hereinafter referred to as the “File Store”), you agree to these Terms. By visiting a File Store or continuing to use the site, you acknowledge that your use is governed by these Terms and forms an agreement between you and SIA “Files.fm”, registration No.: 40003962231, VAT No.: LV40003962231, legal address: Stabu iela 119, Riga, Latvia (hereinafter — “Files.fm”). Files.fm may update or amend these Terms without prior notice.

    1.2. The general Files.fm Terms of Service also apply to all users of any public catalog and File Store: [https://files.fm/terms](https://files.fm/terms)

    1.3. The Public File Catalog / File Store Creator (owner, author, maintainer, publisher) uses the Files.fm System to store, publish, distribute, and/or sell digital content in the form of digital files (hereinafter — “Files”) to other internet users (hereinafter — “Buyers” or “Consumers”).

    1.4. A File Store Creator may be any natural person or legal entity (hereinafter — the “User”) who has created a Files.fm user account and provided the required information. Files.fm reserves the right to refuse registration or restrict/disable access to the System in case of Terms violations or reasonable suspicion of violations or misuse. Where financial transactions are involved, the User may be required to complete additional identity verification procedures (“Know Your Customer” / KYC) to enable monitoring and verification of transaction legality. In case of reasonable doubt or uncertainty, payouts and/or other cash transactions may be suspended until the issue is resolved.

    1.5. File content types may include photos, videos, audio materials, documents, and other file types, and must be distributed and published in compliance with applicable Latvian and European Union laws and regulations.

    1.6. By using the System and publishing Files, the Creator confirms that:
    1.6.1. The User has all necessary rights and permissions to publish and sell the Files.
    1.6.2. The User has entered into all necessary agreements with any persons who have, or may have, any rights related to the Files published by the User.
    1.6.3. The User has entered into all necessary agreements with any persons who have, or may have, co-authorship or similar rights in the Files published by the User.
    1.6.4. The User has defined the applicable license terms for each File (hereinafter — the “License”) and understands that the Buyer is entitled to use the File in accordance with the License selected and displayed at the time of purchase.

    1.7. Files.fm acts as a platform and payment intermediary (escrow-like facilitator) between the User and the Buyer and maintains the File Store infrastructure.

    1.8. File folders/directories and Files may be accessed via a unique link that is not publicly listed by default. The User may share and distribute this unique link at their sole discretion.

    1.9. The User (Creator) can choose which folders/directories and Files are made publicly available in the public catalog / File Store. By enabling public listing for specific content, the User confirms that any visitor may preview, download, and/or purchase those Files (as applicable), and that Files.fm and its service operators may promote or advertise such publicly listed content.

    1.10. These provisions are governed by the laws of the Republic of Latvia. Any disputes should first be resolved through good-faith negotiations; if resolution is not reached, disputes shall be settled in accordance with the procedures prescribed by Latvian law.

  2. File pricing and File License (file usage rights)

    2.1. The Seller (a registered User acting as a creator, rights holder, or distributor) may set a price for each File stored in the System, in accordance with these Terms and the System rules.

    2.2. The minimum price per File is 1.00 (one euro).

    2.3. If the Seller sets a price for a File, the Buyer may purchase that File using the payment methods made available by the System. Upon successful payment, the Buyer obtains the right to use the File in accordance with the License Terms set by the Seller and displayed in the File description before and at the time of purchase.

    2.4. The Seller must define the applicable License Terms (usage rights) for each File or, where supported, for a File directory. The Seller sets the License Terms during the pricing/publishing process and is responsible for ensuring the License Terms are clear, accurate, and legally valid.

    2.5. The System supports the following integrated payment methods: payment cards and Swedbank/Banklink (availability may vary by country and/or Buyer bank).

    2.6. A payment processing fee of 0.29 EUR applies to each transaction and is charged to the Buyer in addition to the File price. The payment processing fee is non-refundable.

    2.7. For each completed transaction, the System automatically generates a purchase confirmation email and an invoice and sends them to the Buyer’s email address registered in the System. The confirmation includes, at minimum, the purchase date, the purchased File(s), the applicable License Terms, and the total amount paid. The Buyer is responsible for retaining this confirmation as proof of purchase and as a record of the applicable License Terms.

    2.8. For each completed transaction, the Seller receives an automatically generated notification email to the email address registered in the System, including information about the Buyer (where available), the purchased File(s), and the purchase amount.

  3. Payments to the Seller

    3.1. All transactions and related funds received from File content sales will be recorded in the Seller’s User account in the System, less a 10% (ten percent) platform and payment processing fee. This information is available to Sellers in Account Settings under "File sales".

    3.2. The Seller has access to the following information:

    3.2.1. Details of all transactions for Files purchased from the Seller, including the transaction date, Buyer name (where available), purchased File name(s), applicable License Terms, price, platform and payment fees, and other related transaction information.
    3.2.2. The total accumulated balance from File sales in EUR.

    3.3. THE SELLER MUST COMPLETE FULL BENEFICIARY INFORMATION (KYC): https://files.fm/my-sell-files/invoices
    After completing the required information, the Seller may request a payout of the accumulated EUR balance to an EEA IBAN bank account, or submit a PayPal payment request. The Seller is responsible for ensuring the beneficiary information is accurate and up to date. The Seller will be subject to an internal KYC/verification process, which must be successfully completed. Files.fm may request additional information from the Seller, including information about the Seller, the content offered for sale, and related transactions/customers, where required for compliance and risk review.

    3.4. The Seller is solely responsible for calculating, reporting, and paying any taxes, duties, VAT, or similar charges that may apply, depending on the Seller’s jurisdiction, tax/VAT status, and the Buyer’s location.

    3.5. The Seller may request a payout at their sole discretion, but no more often than once per 30 (thirty) calendar days (for small payouts) and only if the payout amount is at least 10.00 EUR. Files.fm will transfer the accumulated funds to the specified payout method as soon as practicable, but no later than within 30 (thirty) calendar days from the date Files.fm receives the payout request, provided the Seller’s information is correct and complete and no additional verification checks are required. Files.fm may pause or delay payouts until there is sufficient certainty regarding the Seller’s identity, the beneficiary information, and the nature of the transactions.

    3.6. If the beneficiary information is incorrect or incomplete, payouts will be suspended until the required information is corrected and/or additional verification is completed.

    3.7. Files.fm has the right to withhold transfer of accumulated funds until Files.fm receives correct beneficiary information and/or completes any review or verification it deems necessary.

    3.8. The User agrees that Files.fm has the right to set off mutual claims, with prior notice sent to the User’s email address registered in the System.

  4. Intellectual property rights

    4.1. Files.fm provides the technical platform and acts as an intermediary for sales transactions between the User (Seller) and the Buyer.

    4.2. The User is solely responsible for ensuring that publishing and selling the File does not infringe any third-party intellectual property or other rights, and that the User has all necessary rights and permissions to grant the License Terms offered for the File. The Buyer is responsible for using the File only in accordance with the applicable License Terms and all relevant laws.

    4.3. Files.fm does not independently verify ownership of intellectual property rights in Files published in the System and is not required to proactively monitor whether published content infringes third-party rights.

    4.4. If any person believes that a File published in the System infringes their intellectual property rights, they may submit a reasoned removal request with supporting information. Such requests must be submitted via the contact form by selecting “Complaints against the content” at: [https://files.fm/contacts](https://files.fm/contacts)

    4.5. Files.fm will review the request and may remove or disable access to the File if the request contains sufficient and legally valid justification of the claimed rights and the alleged infringement. Files.fm may request additional information where necessary to process the request.

    4.6. Upon purchase, the User grants the Buyer a license to use the File in accordance with the License Terms displayed at the time of purchase.

  5. User’s Public file catalog

    5.1. The User may publish selected content to their Public File Catalog using the System’s publishing tools.

    5.2. Files.fm may automatically include and feature publicly listed content in the /Discover section to help users find public content.

    5.3. If you would like content to be removed from a Public File Catalog and/or from /Discover, please submit a request using the contact form and select “Complaints against the content”: /contacts

  6. File Store Platform integration into the User’s website

    6.1. Users with an active Business subscription may request instructions and integration code to embed the File Store into their own website. To receive the code, the User must send a request to support@files.fm.

    6.2. These Terms apply to the User, Buyers, and any third parties who access the File Store, even if the File Store (or any part of the System) is embedded or otherwise integrated into the User’s website.

3) Subscription payment terms and conditions

  1. By filling out the subscription payment form and clicking on the "Subscribe" button, you agree to these terms and authorize us and the payment service provider to automatically make payments from your payment card for regular and repeated service provision in the amount of the Plan specified by you and in the selected period (month, year).
  2. You certify that you are an authorized user of payment card and that the information provided in Subscription Form is correct. You confirm that you will not dispute the scheduled payments with your payment card provider.
  3. After clicking the “Subscribe” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Subscribe” button you agree that you will not be eligible to cancel the payment or request to cancel it.
  4. Changes to Fees: we reserve the right to change our fees at any time. We will provide you with 30-day advance notice of any such changes via email to the address associated with your account.
  5. If your automatic recurring payment is declined, your data files will be preserved and you will receive notifications by email. The payment will be automatically retried after 1, 5, 10 and 20 days. If the retried payment will be unsuccessful, it’s amount will be added to the next recurring payment as debt an so on until you empty your account and cancel subscription manually. Such system is in place to prioritize data safety.
  6. You acknowledge that subscription payments will be made until you cancel the subscription and free up disk space. You can cancel the subscription in your account’s section “My Subscriptions” (https://files.fm/my-subscriptions). Password can be reset to your email.
  7. After concluding an individual contract, you can pay for the Business Account, Document Management System and server rental services with an invoice and bank transfer. If you pay for the services by invoice, to cancel the subscription, you need to send a request to support@files.fm 30 days in advance.

4) Users’ public profiles and public content (Discover)

  1. Platform users and organizations may create public data profiles—catalogs or archives—to provide public access to content that may be useful or of interest to a wider audience.
  2. Files.fm may aggregate and showcase such public content in the platform’s “Library” and/or “Discover” sections.
  3. The purpose of the platform is to provide access to digital content—photos, videos, audio, documents, and archives—for educational, conservation, and/or commercial purposes through user-friendly technical tools, while respecting copyright and the public interest.
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