Definitions
As used in this Agreement and in any Order Forms now or hereafter associated herewith:
- “Agreement” means these online terms of use, any Order Forms, whether written or submitted online, and any materials available on the File 365 website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Vloeiend IT from time to time in its sole discretion.
- “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
- “Vloeiend IT” means collectively Vloeiend IT BV, a Dutch Company registered in The Netherlands with Chamber of Commerce ID 67639585.
- “User(s)” means your employees, representatives, consultants, contractors or agents who are authorized to use File 365
- “You” or “Your”; You or the company or other legal entity you represent;
Please read this agreement carefully before accepting. This agreement governs your acquisition and use of the Application: File 365. If you register for a free trial, the applicable provisions of this agreement will also govern that free trial. By installing File 365, you confirm that you agree to all the terms of this agreement. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use or install File 365. Unless and until you have agreed to be bound by all of the terms of the agreement, you are not entitled to become a licensee of File 365 and are not authorized to install or use File 365 and all components it contains.
You may not install or use File 365 if You are a direct competitor of Vloeiend IT, except with prior written consent from Vloeiend IT. This Agreement was last updated on June 27, 2024. It is effective between You and Vloeiend IT as of the date of You accepting this Agreement.
- Installation
File 365 is listed in the Salesforce AppExchange. You or your company can install the application and install it in your test org or your production org directly from the AppExchange.
- Free Trial
If You register for a free trial, Vloeiend IT will make the File 365 available to you on a trial basis free of charge for a number of users and for a period of time specified. Free trial will be automatically terminated at the end of your trial period unless you purchase a license for each user using File 365. Where this Agreement provides that You will pay fees specified in Order Forms, or similar, for Free Trial this Fee means 0$.
Any data you enter into File 365 including settings and any customizations made to the application by or for You during the free trial will be permanently lost unless you purchase a subscription before the end of your trial period.
- Licensing Agreement
Vloeiend IT hereby grants you a non-exclusive, non-transferable, worldwide right to use the File 365, solely for Your own business purposes, subject to the terms and conditions of this Agreement. Vloeiend IT reserves all rights not expressly granted to you. File 365 is licensed as a subscription which can be billed monthly and annually depending on the contracting agreement. User subscriptions cannot be shared or used by more than one user but can be reassigned. Your subscription to File 365 licenses does not include the subscription of the salesforce service. If you wish to use the Salesforce Service, you can contact directly to Salesforce by visiting their website www.salesforce.com.
- Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms set forth in a quote or proposal provided to and accepted by you. In addition to any other rights granted to Vloeiend IT herein, Vloeiend IT reserves the right to suspend or terminate this Agreement and your access to the File 365 if your account becomes delinquent (falls into arrears).
- File Storage
File 365 does not have its own storage. Depending on which storage providers users are integrating, File 365 would be storing those files in their storage location. File 365 does not keep or store any files outside the systems of the storage provider or the Salesforce Org where File 365 is installed. You or your company understand that the file would be stored outside of the Salesforce Org under these configured storage providers and its your sole responsibility to manage the files and ensure the safety and security of those files. File 365 does not warrant for any files lost or misplaced that were stored in these third-party storage providers. You have to contact the third-party vendor directly for any files and storage related issues.
- Disclaimer of Warranties
Vloeiend IT makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the File 365 or any content. Vloeiend IT does not represent or warrant that (a) the use of the File 365 will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) File 365 will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) errors or defects will be corrected, or (e) File 365, the data stored by File 365 or the server(s) are free of viruses or other harmful components. The application and all content is provided to you strictly on an “as is” basis.
- Intellectual Property Ownership
Vloeiend IT alone shall own all right, title and interest, including all related Intellectual Property Rights, in File 365 and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to File 365. The Vloeiend IT and File 365 names, the Vloeiend IT and File 365 logos, and the product names associated with File 365 are the property of Vloeiend IT and no right or license is granted to use them.
- Internet Delays
File 365 may be subject to limitations, interruptions, delays, and other problems inherent in the use of the internet and electronic communications. Vloeiend IT is not responsible for any delays, delivery failures, or other damage resulting from such problems.
- Termination for Cause
Any breach of your payment obligations or unauthorized use of the File 365 will be deemed a material breach of this Agreement. Either party may terminate this Agreement upon thirty days’ prior written notice if the other party materially breaches the terms and conditions of this Agreement, and this breach is not remedied within thirty days of the date on the non-breaching party’s notification.
- Modification to Terms and Conditions
Vloeiend IT reserves the right to modify the terms and conditions of this Agreement or its policies relating to File 365 at any time, effective upon Notice as described above. Continued use of File 365 after any such changes shall constitute your consent to such changes.
- Questions or Additional Information
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@file365.nl.