Edge Cloud’s FileCloud, including its web applications and services, and the filecloud.edgecloud.com are owned and operated by Edge Cloud, and provided to You under the terms and conditions of this Terms of Service agreement (the “TOS”). BY INSTALLING FILECLOUD YOU AGREE TO THE FOLLOWING TERMS OF SERVICE.

Who Can Accept TOS

You may not accept the TOS and therefore may not use FileCloud if (a) you are not of legal age to form a binding contract with Edge Cloud, or (b) you are a person barred from using FileCloud under the laws any applicable country or other jurisdiction. License: Subject to Your acceptance of the TOS, Edge Cloud hereby grants you a personal, non-exclusive, non-sub licensable, non-assignable license to download, install and use FileCloud on Your Server for the sole purpose of using the services and products provided by FileCloud (the “License”).

Your Own Risk

You acknowledge and agree that the entire risk arising out of this License and Your use of FileCloud is Your own, to the maximum extent permitted by law. This includes the possibility of problems arising out of security or other flaws in FileCloud. Edge Cloud does not warrant that FileCloud functions and/or service will be uninterrupted or error-free, that defects will be corrected or that FileCloud will be invulnerable to security flaws or problems arising out of such flaws, including data loss, malware etc.

Intellectual Property

Any and all intellectual property rights (the “IP Rights”) of the FileCloud software are and shall remain the exclusive IP Rights of Edge Cloud. Nothing contained in this TOS or the License intends to transfer or vest with you any such IP Rights.

Your Privacy

Edge Cloud is committed to respecting Your privacy. The Privacy Policy at https://edgecloud.com.ph/privacy/ details how Edge Cloud may use Your personal information, traffic data, and the content contained in Your communication(s) with Edge Cloud or by using FileCloud.

FileCloud Software Updates

In order to provide You with better Edge Cloud products and services, FileCloud will periodically check for new software updates.

New FileCloud Versions

Edge Cloud has no obligation to make available to You any subsequent versions of FileCloud.

FileCloud Relay Service

Edge Cloud will offer relay infrastructure and services that enable you to create, open, edit and save Microsoft Office files stored in FileCloud using Microsoft Office 365. On user request to create, open, edit or save, FileCloud Relay Service transmits the contents of the file between your FileCloud server instance and Microsoft Office service, run by Microsoft. FileCloud Relay Service just transmits the files and doesn’t store them. FileCloud uses secure HTTPS for transmitting files between servers. General Terms: When using the relay service you will agree (i) not to interfere or disrupt networks connected to the Service; (ii) not to use the Service or Service to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (iii) not to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You and the Contracting Party will not attempt to gain unauthorized access to other computer systems or interfere with another user’s use and enjoyment of the Service. Edge Cloud reserves the right to (i) modify, alter or terminate this service at any time and (ii) offer it as a ‘paid only’ service in the future. All the terms of service for FileCloud, including, without limitation, ’No Warranty’, ‘Indemnification’, ‘Limitation of Liability’ terms apply to FileCloud Relay Service.

Publicity

Customer grants Edge Cloud the right to include the Customer’s organization name and logo as a customer on Edge Cloud’s website and other promotional and advertising materials. You can opt-out of all promotional and advertising materials with a written request. With a written request, Edge Cloud will remove the Customer’s organization name and logo from Edge Cloud’s website and will cease to include the Customer’s organization name and logo in Edge Cloud’s other promotional and advertising materials.

No Modifications

You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of FileCloud or any part thereof except to the extent permitted by law

Security Vulnerabilities

In the event you detect security vulnerabilities, You will contact Edge Cloud and inform Edge Cloud of such vulnerabilities.

Content

The content of the communication spread and transmitted by the use of FileCloud is entirely the responsibility of the person from whom such content originated. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which You may have access to as part of, or through Your use of, FileCloud are the sole responsibility of the person from which such content originated. You should be aware that content presented to You as part of FileCloud, may be protected by intellectual property rights and other applicable laws. It is your responsibility if You violate any of these applicable laws and you agree that Edge Cloud is not responsible for any of your activities. In the event You or the person from whom such content originated violates the intellectual rights of others, You agree to indemnify Edge Cloud and hold it harmless from all causes of action, damages, awards Edge Cloud may sustain as a result of such transmission(s). You also understand, therefore, that by using FileCloud, You may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable, and that You use FileCloud at Your own risk as Edge Cloud does not control or monitor such content.

Lawful purposes

You will use FileCloud solely for lawful purposes. In this respect You may not, without limitation (a) knowingly intercept or monitor, damage or modify any communication which is not intended for You; (b) knowingly use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble FileCloud or the communication; (c) knowingly send any unsolicited commercial communication not permitted by applicable law; (d) knowingly expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) knowingly use FileCloud to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) knowingly use any material or content that is subject to any third party proprietary or intellectual property rights, unless you have a license or permission from the owner of such rights. If the law of Your country (or other applicable jurisdiction) prohibits You from downloading or using FileCloud because You are under the age limit or because FileCloud services are not allowed, You agree not to use FileCloud and to indemnify and hold Edge Cloud harmless from such use

Warranties

You expressly understand and agree that your use of FileCloud is at your sole risk and that the services are provided “as is” and “as available” and “without warranty of any kind.” In no event does Edge Cloud warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. Although Edge Cloud endeavors to make timely fixes to flaws in FileCloud, Edge Cloud is not responsible for any problems arising out of your use of FileCloud. EDGE CLOUD PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL EDGE CLOUD OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF EDGE CLOUD OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall EDGE CLOUD’s or its suppliers’ liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer.

FIPS 140-2 Mode

When using FileCloud with FIPS mode enabled, note that additional product modules licensed from SafeLogic are enabled and usage of those modules are subject to the following additional terms. (a) SafeLogic product must only be used bundled with FileCloud and cannot be used separately or by itself. (b) You cannot sublicense, assign or transfer the SafeLogic product (c) You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of SafeLogic product or any part thereof except to the extent permitted by law. (c) All rights and Ownership regarding SafeLogic product remains with SafeLogic (d) You expressly understand and agree that your use of SafeLogic product is at your sole risk and that the modules are provided “as is” and “as available” and “without warranty of any kind.” IN NO EVENT WILL SAFELOGIC BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF SAFELOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (e) You agree that any export or re-export of SafeLogic product will only be done with the appropriate US or foreign government licenses. (f) You agree that license rights cannot exceed standard license rights when used by US or any government.

Termination

Without limiting other remedies, Edge Cloud may limit, suspend, or terminate Your License and Your use of FileCloud, immediately and without notice, explanation, or recourse, if we think that You are in breach of the TOS, creating problems and/or legal liabilities (actual or potential), infringing upon someone else’s intellectual property rights, engaging in fraudulent or illegal activities, or for other similar reasons.

Modifications to TOS

Edge Cloud reserves the right to modify the provisions of the TOS. Such changes, modifications, additions or deletions to the TOS shall be effective immediately upon notice thereof, which may be given by means including, but not limited to sending an email to your registered customer email/posting in the forums/posting in the website. You acknowledge and agree that it is your responsibility to review and to be aware of any modifications to the TOS after such communication. Your continued use of FileCloud after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS.

Online Behavior

You must exercise respect when participating in any of FileCloud’s community features such as Forums, Blogs, Email functions, etc. You may not submit or publish through FileCloud any information that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish information through FileCloud that solicits funds or services, contains advertising or include programs that contain viruses, or any other programs designed to impair the functionality of any computer.

Date of Last Revision: March 24, 2020