Effective: July 1, 2024.

Your Stuff & Your Permissions
When you use our Services, you provide us with things like your files, content, messages, and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services. This includes hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services may provide features like sharing, searching, and personalization, which require us to access, store, and scan Your Stuff. You give us permission to do those things.

Your Responsibilities
Your use of our Services must adhere to our Acceptable Use Policy. The content within the Services might be protected by the intellectual property rights of others. Do not copy, upload, download, or share content unless you have the appropriate permissions to do so. File Link Share may monitor your conduct and content for compliance with these Terms and our Acceptable Use Policy. We are not liable for the content shared via the Services. Protect Your Stuff by keeping your password secure and your account information up to date. Do not share your account credentials or allow others to access your account. Use our Services only as permitted by law, including export control laws. You must be at least 13 years old in the U.S. and 16 years old elsewhere to use our Services. If local law requires you to be older to use the Services without parental consent, you must meet that age requirement.

Additional Features
File Link Share occasionally adds new features to improve the user experience of our storage service at no extra cost. However, these free features may be removed at any time without notice.

Our Stuff
The Services are protected by copyright, trademark, and other laws, both in the US and abroad. These Terms do not grant you any rights to the Services, others’ content in the Services, or File Link Share's trademarks, logos, and brand features. We appreciate feedback, but we may use your comments or suggestions without any obligation to you.

Copyright
We respect the intellectual property rights of others and ask you to do the same. We respond to notices of alleged copyright infringement that comply with the law, and such notices should be reported to us. We reserve the right to delete or disable content that is alleged to infringe and may terminate accounts involved in such activities.

Paid Accounts
Billing
When you upgrade to a Paid Account, you can expand your storage and access additional features.
We'll start billing you automatically from the day you upgrade and continue periodically until you cancel.

Cancellation
You may cancel your Paid Account at any time. Refunds are only issued if required by law.
To request a refund, contact support for assistance.

Downgrades
Your Paid Account will continue until canceled or terminated according to these Terms.
If payment for your Paid Account is overdue, we may suspend your account.

Changes
We reserve the right to adjust subscription fees upon renewal to account for factors such as product updates, business adjustments, or economic shifts. You will receive at least 30 days' notice of any fee changes via email, providing you with the option to cancel your subscription before the updated fee takes effect.

Termination
You can discontinue using our Services at your discretion. File Link Share may suspend or terminate your access to the Services if we reasonably believe: You’ve violated these Terms, Your use of the Services poses a genuine risk of harm or loss to us or other users.

We’ll give you reasonable advance notice via the email address associated with your account to provide you the opportunity to export Your Stuff from our Services. If you fail to comply with our request after such notice, we’ll terminate or suspend your access to the Services.

We won’t provide notice or an opportunity to export Your Stuff before terminating or suspending access to the Services if File Link Share reasonably believes:
1) You’re in material breach of these Terms, including but not limited to, violating our Acceptable Use Policy,
2) Doing so would result in legal liability for us or compromise our ability to provide the Services to other users, or
3) We’re prohibited from doing so by law.

Once we suspend or terminate your access to the Services, you will not be able to access or export Your Stuff. File Link Share does not provide refunds if we suspend or terminate your access to the Services, unless required by law. To request a refund, contact support for assistance.

File Deletion
File Link Share will delete all user files, associated links, and other data from the user account if:
1) The user closes their account.
2) The user cancels the subscription and does not subscribe to another plan within one week.
3) The account is terminated by File Link Share due to any of the violations listed above.
4) The trial period has ended, and the user does not switch to a paid plan within one week.
5) Payment for the Paid Account is overdue, or the account remains unpaid for one week.

Discontinuation of Services
File Link Share may choose to discontinue the Services due to exceptional unforeseen circumstances, events beyond our control (such as a natural disaster, fire, or explosion), or to comply with legal requirements. If this happens, we will provide you with reasonable advance notice to allow you to export Your Stuff from our systems (we will provide at least 30 days' notice if possible under the circumstances). If we discontinue the Services in this manner before the end of any fixed or minimum term you have paid for, we will refund the portion of the fees you have prepaid but have not received Services for.

Services “AS IS”
We strive to provide excellent Services, but there are certain things we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, FILE LINK SHARE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.

Limitation of Liability
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR FILE LINK SHARE'S FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE SUCH EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE REASONABLY FORESEEABLE RESULTS OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE FILE LINK SHARE'S LIABILITY FOR LOSSES AND DAMAGES THAT RESULT FROM OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICES OR OUR BREACH OF CONTRACT WITH YOU, AS LONG AS THOSE LOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, FILE LINK SHARE WILL NOT BE LIABLE FOR:
1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS APPLY WHETHER OR NOT FILE LINK SHARE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RESALE PURPOSE, FILE LINK SHARE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. FILE LINK SHARE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

EXCEPT FOR LIABILITIES THAT CANNOT BE LIMITED BY LAW (AS OUTLINED IN THIS SECTION), WE CAP OUR LIABILITY TO YOU AT THE GREATER OF $20 USD OR THE FULL AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH FILE LINK SHARE. THIS LIMITATION DOES NOT APPLY TO EU CONSUMERS WHERE RESTRICTED BY APPLICABLE LAW.

Resolving Disputes
We aim to address your concerns without needing formal legal proceedings. Before filing a claim against File Link Share, you agree to attempt to resolve the dispute informally by sending us a written Notice of Dispute at support@filelinkshare.com, including your name, a detailed description of the dispute, and the relief you seek. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or File Link Share may initiate formal proceedings.

Judicial Forum for Disputes. You and File Link Share agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Bexar County, Texas, subject to the mandatory arbitration provisions below. Both you and File Link Share consent to venue and personal jurisdiction in these courts. If you reside in a country (such as a member state of the European Union) with laws that grant consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and File Link Share agree to resolve any claims relating to or arising out of these Terms or the Services through final and binding individual arbitration by a single arbitrator, except as set forth under the “Exceptions to Agreement to Arbitrate” below. This includes disputes arising out of or relating to the interpretation or application of this “Mandatory Arbitration Provisions” section, including its scope, enforceability, revocability, or validity. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.

Opt out of Agreement to Arbitrate. You can decline this agreement to arbitrate within 30 days of first registering your account or agreeing to these Terms. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in the United States county where you live or work, San Antonio (TX), or any other location we agree to.

Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. For individual arbitration of non-frivolous claims less than $75,000 for which you timely provided File Link Share with a Notice of Dispute, File Link Share will reimburse arbitration filing fees at the conclusion of the arbitration and will pay other arbitration fees. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. File Link Share will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous or brought for an improper purpose.

Exceptions to Agreement to Arbitrate. Either you or File Link Share may assert claims, if they qualify, in small claims court in San Antonio (TX) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Bexar County, Texas to resolve your claim.

NO CLASS OR REPRESENTATIVE ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Severability. If any part of this “Mandatory Arbitration Provisions” section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this “Mandatory Arbitration Provisions” section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

Controlling Law. These Terms will be governed by Texas law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

Entire Agreement. These Terms constitute the entire agreement between you and File Link Share 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. Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

Waiver, Severability & Assignment. File Link Share’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. File Link Share may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications. We may revise these Terms to better reflect:
1) changes to the law,
2) new regulatory requirements, or
3) improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

Thank you for choosing File Link Share.