Terms of Service Summary
For paid accounts, users will be charged on a monthly or yearly basis according to your plan details. We offer a zero cost, free trial of the “Business” tier of EZ File Drop. This free trial is intended for evaluation purposes. We do not offer refunds or pro-rated fees for account plans after sign-up for a paid plan.
You own all of the data and files that are uploaded via EZ File Drop (the Service). You and you alone are responsible for keeping it safe. EZ File Drop is provided as a service “AS IS”, without any guarantees. If you require guarantees or business support, contact our sales team to discuss Enterprise grade account plans.
Files submitted via the Service to your Cloud storage are saved on the servers of EZ File Drop for less than one day. We guarantee we will delete all Customer Data automatically after one day and no other backups are retained.
These Terms of Service, EZ File Drop itself, and our prices may be updated or changed at any time. We will provide you with 30 days in advance of any price changes.
Your use of EZ File Drop and the Service implies and signifies that you have read, understand, and agree to the complete Terms of Service stated herein.
Your use of the EZ File Drop (ezfiledrop.com and/or app.ezfiledrop.com) is governed by this agreement (the “Terms”). The “Service” means the entire EZ File Drop online service, which EZ File Drop makes available, including our web sites (https://ezfiledrop.com/), social network channels, our API, and any other software, sites, and services offered by EZ File Drop in connection to any of those.
“Customer Data” means any data you and/or third parties submit via the Service to EZ File Drop for the purpose of saving it in the account owners cloud storage. “Content” means all content generated by EZ File Drop on your behalf (including metric data and usage analytics) and does not include Customer Data.
In order to use the Service, You (the “Customer”, “You”, or “Your”) must first agree to the Terms.
EZ File Drop may, from time to time, make changes to these Terms. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, EZ File Drop will treat Your use of the Service as acceptance of the updated Terms.
License from EZ File Drop and Some Restrictions
EZ File Drop grants to You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by EZ File Drop as part of the Service, as provided to You by EZ File Drop. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by EZ File Drop, in the manner solely permitted by the Terms.
You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by EZ File Drop, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.
Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with EZ File Drop for the use of the components of the Service released under an open source license.
Exclusion of warranties
- You expressly understand and agree that your use of the Service is at your sole risk and that the Service is provided “as is” and “as available.”
- You agree that EZ File Drop has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that You are solely responsible for securing and backing up Customer Data submitted by the Service.
- EZ File Drop does not warrant to you that: (a) Your use of the Service will meet your requirements, (b) Your use of the Service will be uninterrupted, timely, secure or free from error, (c) the results or data provided by the Service will be accurate, (d) the quality of the Service will meet your expectations and (e) any errors in the Service will be fixed.
Limitation of Liability
You expressly understand and agree that EZ File Drop, its subsidiaries and affiliates, and its licensors shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not EZ File Drop has been advised of or should have been aware of the possibility of any such losses arising).
You agree to hold harmless and indemnify EZ File Drop, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “EZ File Drop and Partners”) from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Source Code, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, EZ File Drop will provide You with written notice of such claim, suit or action.
The Terms constitute the whole legal agreement between You and EZ File Drop and govern Your use of the Service and completely replace any prior agreements between You and EZ File Drop in relation to the Service.
You agree that if EZ File Drop does not exercise or enforce any legal right or remedy which is contained in the Terms (or which EZ File Drop has the benefit of under any applicable law), this will not be taken to be a formal waiver of EZ File Drop’s rights and that those rights or remedies will still be available to EZ File Drop.
This agreement and all matters arising out of it shall be governed by the laws of the State of California, without reference to its conflict of laws principles. Any action brought by the parties to enforce or interpret any provision of these Terms or this Agreement shall be exclusively commenced and maintained in the appropriate state court in Contra Costa County, California. Each party hereby irrevocably consents to such venue and the exclusive personal jurisdiction of such court and expressly waives any objection to same.
EZ File Drop shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, pandemics, acts of legislation, and/or Internet disturbances.
- To use the Service you need a Google Drive, OneDrive, Dropbox, and/or Box account, AND/OR a compatible private FTP server.
- You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.
- You may not use the service unless you are over the age of 13.
- You must be a human. Accounts created by automated methods are not permitted.
- You must provide your real name, a valid email address, and any other information requested in order to complete the Service signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. EZ File Drop cannot and will not be liable for any losses or damages from your failure to comply with this security obligation, including and not limited to the loss of any data or access to data.
- One person or legal entity may not maintain more than one free account.
Use of the Service
- Your use of the Service must, at all time, comply with all applicable laws, regulations and ordinances where you reside and make use of the Service..
- You agree to not engage in any activity that interferes with or disrupts the Service.
- EZ File Drop does enforce quotas and usage limits on the Service.
- EZ File Drop relies on the APIs for Google Drive OneDrive, DropBox, and Box, which are third party entities. These APIs are controlled by their respective owners, who reserve the right to enforce quotas and usage limits (to any resources, including the API) at their sole discretion, with or without notice, which may result in disabling or throttling your usage of the Service for any amount of time. EZ File Drop has implemented the Service according to the official documentation, and regularly conducts testing, verification, and maintenance to avoid disruption of the Service, but cannot provide any guarantees.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine at our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any EZ File Drop customer, employee, member, or officer will result in immediate account termination.
- You must not transmit any worms or viruses or any code of a destructive nature using EZ File Drop.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by EZ File Drop) of other EZ File Drop customers, we reserve the right to immediately disable your account or throttle your file uploads until you can reduce your bandwidth consumption.
- You may not allow multiple people to use the same account or otherwise access the Service in a manner intended to avoid incurring fees.
Server, Storage, and File Retention Policies
Files submitted via the Service to User Cloud storage accounts are transferred to EZ File Drop servers first and then transferred to your Cloud storage account. Files are saved on the servers of EZ File Drop for less than one day. We guarantee we will delete the Customer Data automatically after one day and no other backups are retained.
Fees for Use of the Service
- The Service may be provided to You without charge, with certain limits, for a certain “trial” period of time.
- Usage over this limit (or after the “trial” period) requires You to purchase additional resources or services, in the form of a fully paid Account of the Service.
- Charges are based solely on the published price of plans, unless otherwise agreed to in writing with a member of our Sales Team. You are never going to be charged more than you agreed to at the moment of purchase.
- EZ File Drop reserves the right to change pricing for the Service at any time. If a price increase for your account plan occurs, You will be given 30 days advance notice of your next billing cycle.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
- You acknowledge and agree that any credit card and related billing and payment information that You provide to EZ File Drop may be shared by EZ File Drop with companies who work on EZ File Drops’s behalf, such as payment processors and/or credit card processing agencies.
Cancellation and Termination
- You must downgrade or cancel your account via the Billing panel in your Account or by sending an email to billing(at)ezfiledrop.com with 15 days notice.
- EZ File Drop does not offer any refunds if You cancel Your account.
- For yearly pre-paid Service plans, if You cancel the Service before the end of Your current paid plan year, Your cancellation will take effect at the end of your billing cycle. You will retain use of the Service for the duration of your paid plan and no refunds will be provided for early termination of Service.
- You agree that EZ File Drop, may, at its sole discretion and for any or no reason, terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that EZ File Drop will not be liable to You or any third party for such termination.
- EZ File Drop claims no ownership of any Customer Data. You retain copyright and any other rights You already hold to the Customer Data and You are responsible for protecting those rights, as appropriate.
- You agree to assume full and complete responsibility for configuring the Service to allow appropriate access to any Customer Data transferred via the Service.
- You understand that Upload Form pages that You create, embed or use are available to any party on the Internet, including search engines and web spiders.
- You understand that the Upload Form pages that you create, embed or use can be used to submit data to your private cloud storage accounts, including Google Drive, Microsoft OneDrive Account, Dropbox, and/or Box AND/OR private FTP servers. Such submitted data counts towards your storage plan on those services.
- EZ File Drop is not responsible if You fail to configure, or misconfigure, Your project and inadvertently allow unauthorized parties to access, view or delete any Customer Data.
Solicitation of Feedback
You may choose to, or we may invite You to, submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place EZ File Drop under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Modification of the Service
- You acknowledge and agree that the Service may change from time to time without prior notice to You.
- Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and any other enhancements or restrictions of any kind.
- EZ File Drop shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Contacting EZ File Drop
If you have questions about these Terms or this Agreement, you may send an email to contact(at)ezfilerop.com, or write to us at:
EZ File Drop
2440 Camino Ramon, Suite 299
San Ramon, CA 94583