Terms of Service
Thank you for using our products and services (“Services”). We are Titanfile Inc. (“TitanFile”) and our contact information is on our web site contact page. Give us notice to this address by any of the available channels of communication.The following are our Terms of Service. By using our Services, you agree to them and they shall constitute an agreement between you and us (“Agreement” or “Terms of Service”), and, if applicable, Data Processing Addendum (“DPA”). If you do not agree to any of the following terms as they may change from time to time, please do not use our Services.You must be at least the legal age in your jurisdiction to use our Services. If permitted in your jurisdiction, you may use an account created and registered in the name of your parent or guardian (who will be the ‘account owner’ as described below) if you are under such age but at least 13 years old.
Our Services include the storage of your documents, images, files and other content which you upload (your “Content”) to us using our websites (“Site”) or otherwise. Our Services, at your option, allow you on our Site or through downloadable software (“Software”) or other mediums that we develop to share your Content and communicate with other users of our Services to whom you give access (“Recipients”). To facilitate such communication on the Site or through our Software, you will have the opportunity to make available some of your personal or organization information Content such as name, images and contact information (“Contact Info”) to your Recipients.
Your communications with your Recipients through our Service, including those in which you share your Content, (“Communications”) are and will be secured using the technologies and methods described on our security page on our corporate web site (“Security”).
We are constantly updating our Services (including our Site and Software) and our Security. New features may be subject to their own terms of service which you will need to consent to before you will have access to them.
Account Types and Terms
Our account types, and their entitlements and restrictions (e.g. storage and bandwidth), are set out on our pricing page located at https://www.titanfile.com/pricing/. Also set out there are the fees and Services applicable to each account type. TitanFile offers pro-rated refunds on annual subscriptions and a 100% refund if service is canceled within 45 days from the date of payment. You are responsible for payment of all applicable taxes and these are extra. You agree to pay us the applicable fees and taxes for the account type you select for the term you select when you sign up for your account (your “Account”). By default, your account will be renewed automatically at the account fees in effect at the end of your term. You will be notified electronically at least one week in advance before your renewal of service subscription is set to be processed.
Account Owner vs. Account User
If you provide us with your credit card to pay for your Account fees, we may pre-authorize our payments (which may reduce the credit available on your card). You authorize us to charge all fees (including renewal fees) and taxes to such card (or its replacement if it is lost, stolen or expires).
Invoices for our fees and other billing information will be available to your from within your Account on the Site.
Cancellation of Account
We hope that you will continue to use of Service. However, should you let your Account expire without renewing or otherwise shut it down (“Expiration”) you will be able to access your Account for 30 days after Expiration for the limited purpose of downloading your Content and Communications. After this period of time, subject to the following paragraphs under this heading, we have no obligation to retain or provide you or your Recipients access to your Content, Communications or Contact Info and we may delete them.
After Expiration of your Account, for as long as your Recipients maintain paid accounts with us they will continue to have access to the Content, Communications and Contact Info that you shared with them before Expiration of your Account. You may however switch of this feature in your Account settings and if shut off your Content, Communications and Contact Info will not be available to your Recipients after Expiration of your Account.
Your Content and Communications remain your property (or the property of its owner if it isn’t yours).
To provide the Service (before and after Expiration of your Account as set out in the heading above), your Content and Communications need to be copied (e.g. to and from our equipment and backup equipment), hosted, reproduced, transmitted and distributed to and from you and your Recipients; further, in some circumstances your Content may need to be modified to allow for compliance with technical requirements when connecting networks and devices.
You warrant that you are empowered (by the applicable owner if it is not you) to give us the licenses set out in the paragraph above. You agree not upload Content to our Service unless you have the right to do so and the right to grant us such license.
Our intellectual property remain ours (and our licensors). Our intellectual property includes our copyright and other rights in our Site and Software, our registered and unregistered trademarks, our patents, and our confidential know-how, whether we hold such rights through ownership or license. You do not have any rights under this Agreement or otherwise in or to our intellectual property other than the personal, worldwide, royalty-free, non-assignable and non-exclusive right to access the Site and make use of our Services (including Site and Software) in accordance with your Account type pursuant to the terms of this Agreement. However, if we have used open source software in our Services, the terms relating to such open sour software override these Terms of Service (but only as they apply to such open source software).
Prohibited Uses and Your Assurances to Us
You warrant that you are who you say you are and your Contact Info is correct (both as account user and account owner). You agree to keep your Account up to date as such Contact Info changes.
You agree not to misuse our Services. For example, you will not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You will not attempt to reverse engineer or attempt to extract the source code of any of our intellectual property. You shall not copy, modify, distribute, sell, or lease any part of our Services or included Software. You will not exceed any applicable limitation of bandwidth or storage capacity for your Account type. You warrant that your Content and positing do not contain viruses or other malware.
You agree not to violate others’ rights and to access and use our Services in accordance with all laws (including export and import control laws). For example, you would be violating others’ rights if you do not have sufficient copyright in your Content and Communications to deal with them (and allow us to deal with them) as set out in this Agreement or if your Content or Communications are libelous. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
You agree to not cause harm to other users of our Services or to the Services itself, including by posting Communications or sharing Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable.
You shall indemnify us for any cost we incur (including reasonable legal and professional fees) on account of any breach by you of this Agreement including a breach of any of your assurances under this heading.
We in our sole discretion may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Third Party Providers (“Suppliers”)
Third party providers may assist us with our backend responsibilities when provided the Services to you (“Backend Suppliers”) and third party providers may directly provide their own services and products to you through our Site, Software and other Services (“Add on Supplier”).
We will require our Backend Suppliers agree to provide the same or no less Security and privacy protection as we have agreed to provide you with under this Agreement. To perform our responsibilities under this Agreement, you avail them of the same rights with respect to your Content, Communications and Contact Info as you have given to us and consent to our sharing the same with them.
If you opt-in to services and products offered to you by Add on Suppliers, your agreement is with such Add on Suppliers. We do not warrant their services and products. They may have different security and privacy policies and assurances than those that we provide. We will ask for your consent before sharing any of your Content, Communications and Contact Info with Add on Suppliers.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Some or all of the Services may not be available in your language or your jurisdiction.
You are responsible for backing up, to your own computer or other device, any important Content that you store or access via the Services. While we do have redundancy procedures, hardware and mechanisms in place to protect you from data loss, we do not guarantee or warrant that any Content you may store or access through the Services will not be subject to inadvertent damage, corruption or loss.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER TITANFILE NOR ITS PROVIDERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for Our Services
WHEN PERMITTED BY LAW, TITANFILE, AND TITANFILE’S SUPPLIERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TITANFILE, AND ITS SUPPLIERS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, TITANFILE, AND ITS SUPPLIERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Visitors Without Account
This Agreement shall be governed and construed in accordance with the laws of Ontario, Canada (without reference to conflict of law provisions) and all disputes arising out of this Agreement shall be heard only by a court in such province. You consent to the personal jurisdiction of such court.
We reserve the right to modify or add to these Terms of Service at any time by updating this page, which you should review on a regular basis. We will give you at least 15 days notice before any such change (unless the law requires that we make the change immediately) and changes will not apply retrospectively. If you do not agree to a change, you should discontinue using our Services. Your continued use of our Services constitutes acceptance of the change.
These terms control the relationship between TitanFile and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms. This page was last updated on 21st December 2012.
For more information, contact us at:
901 King Street West,