Terms and Conditions

Last Updated: January 31, 2025

This website is operated by SOFTWARE ENGINEERING S.R.L. - VAT ID: IT13223470967 ("us", "we" or "our"), the company owned by Nicola Murino, the author, main contributor and trademark holder of the SFTPGo open source project.

By visiting our site and/or purchasing anything from us, you engage in our "Services" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

SFTPGo hosted as Service in the Cloud ("SaaS", "SaaS Services", "Services", "Service") is available on a subscription basis ("Subscription(s)").

Each subscription plan has clearly defined limits for both storage space and monthly bandwidth. "Storage space" refers to the total amount of space used by files stored on the Service at any given time, including files in the Recycle Bin. "Monthly bandwidth" refers to the total volume of outbound network transfers from your SaaS services, which also includes any data transferred between the storage backend and your SaaS instance(s). If you exceed your storage or bandwidth limits for more than one consecutive month, or exceed your monthly limits by 50% or more, we will notify you of the excess usage. You will be required to upgrade your plan within 10 days of receiving such notification. Should you fail to accept the plan upgrade or fail to respond within 10 days, we reserve the right to delete your instance(s) at our discretion. In the event that your instance(s) are deleted, you acknowledge and agree that you will not be entitled to a refund of any fees or amounts previously paid to us, under any circumstances.

User content

"User Content" refers to any files, data, documents, text, images, videos, or other materials that are uploaded, posted, shared, or stored by you or on your behalf through the Service. This includes any content you transmit via the file transfer features of the Service, whether publicly or privately, and regardless of the format or type.

1. Ownership and License:
   By uploading, sharing, or transferring files through the Service, you retain ownership of all rights, title, and interest in your content. However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free license to access, use, store, and transfer the content solely for the purpose of providing the file transfer services, including maintenance, troubleshooting, and other service-related tasks.
2. Content Restrictions:
   You agree not to upload, share, or transfer any content that:
   1. Violates any applicable laws or regulations.
   2. Infringes or misappropriates any intellectual property rights (e.g., copyright, trademark, patent, etc.).
   3. Contains harmful, defamatory, abusive, obscene, offensive, or otherwise inappropriate material.
   4. Contains malware, viruses, or other harmful code intended to interfere with the operation of the Service or other users’ access to it.
   5. Violates the privacy rights of others, including the distribution of personal data without consent.
3. Data Protection and Compliance:
   You are responsible for ensuring that any personal data uploaded, shared, or transferred through the Service complies with applicable data protection laws, including the General Data Protection Regulation (GDPR) where relevant. If the content you process involves personal data on behalf of data subjects within the European Union (EU), you must ensure that the appropriate legal basis for processing is in place. Depending on the scale and nature of the data processing, you may be required to appoint a Data Protection Officer (DPO) or ensure that other appropriate measures are in place to safeguard the personal data.
4. No Obligation to Monitor:
   We do not have an obligation to monitor the content uploaded or transferred through the Service. However, we reserve the right to remove or suspend access to any content that, in our sole discretion, violates these Terms of Service or is deemed harmful to the Service, its users, or its reputation.
5. Responsibility for Content:
   You are solely responsible for the content you upload or transfer through the Service. You agree to indemnify and hold us harmless from any claims, losses, or damages that arise from your content or any breach of this agreement.
6. Data Retention and Deletion:
   We may store your content for a period determined by its data retention policies or until you delete it. However, you are responsible for backing up your content. We does not guarantee the long-term availability of your content, and you should not rely solely on the Service for permanent storage.

Reselling and Competing Services

1. Reselling the Service:
   You may resell access to the Service to third parties, provided that you do so in compliance with these Terms of Service and any additional terms that may apply to resellers. You are responsible for ensuring that your customers comply with all applicable terms.
2. No Competitive Services:
   You agree not to use the Service, directly or indirectly, to create, operate, or offer a competing file transfer solution or any service that directly competes with the Service. Reselling access to the Service does not grant you any rights to use the Service to build or offer a competing product or service.
3. Support and User Responsibility:
   We do not provide direct customer support to your users or clients. You are solely responsible for providing all support, troubleshooting, and assistance to your users. We will only provide support to you, the account holder, and will not be liable for any issues arising between you and your customers.

Compliance with EU Law

For the purposes of the GDPR, the parties acknowledge that you are the data controller with respect to the Customer Data, and SOFTWARE ENGINEERING S.R.L. is the data processor acting on your behalf.

Support Plans ("Support Plans") allow you to install and use a supported copy of SFTPGo.

After purchasing a support plan, you can request support and guidance via email, and for blocking issues, we can schedule a call.

Please send a separate email for each support request and clearly describe what you want to achieve, the problems you are experiencing, and attach relevant logs, redacting private data if any. We may ask you for additional information to better understand the issue you are reporting.

We will remain the exclusive copyright owners of any code we develop to provide the Services and may therefore use it for any purpose, including, but not limited to, providing it free of charge to any other SFTPGo user.

We do not connect or manage your SFTPGo installation for you and therefore do not access your data.

Purchasing a support plan does not change the SFTPGo license. For information on licensing and compliance for SFTPGo itself, please refer to our dedicated page.

Providing support for an Open Source project is a matter of mutual trust, we don't provide support to companies that subscribe when they have an issue/question and then unsubscribe. You must choose whether to use a supported or unsupported copy of SFTPGo.

We do not provide support to companies that want to resell SFTPGo as a managed service, for example as a managed file transfer solution. Also such a service should be considered a single combined work with SFTPGo. See our compliance page.

SaaS Services and Support Plans can be purchased on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set to either monthly or annually depending on your preference.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through the billing portal, or by contacting our support team. The billing portal is managed by Paddle, a third party payment processor, and has separate terms of the service: paddle.com/legal/checkout-buyer-terms.

We may change the Subscription fees for the Subscriptions from time to time. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

For any change in the Subscription fees, we will provide you with a reasonable prior notice, giving you the opportunity to terminate your Subscription before such change becomes effective. If you don't unsubscribe after the Subscription fee change comes into effect you agree to pay the modified Subscription fee amount.

Support plans can also be purchased with a one-time payment, in which case we require payment in advance for one year. Support plans will not automatically renew in this case and therefore you will need to purchase them again to continue having support after they expire.

We may, in our sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, we reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

A valid payment method, including credit card, is required to process the payments for your Subscription and one-time purchases. You shall provide us with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all fees incurred through your account to any such payment instruments.

Some transactions on this website may be subject to taxes, such as European VAT and US Sales Tax, which may be added to the price.

The location information you provide when making a purchase must be accurate for tax residency purposes. Additionally, if you have a tax identification number, such as a VAT number, please provide it for tax purposes.

We don't want unhappy clients, if you are not satisfied with our products you can ask for a refund.

Some payment methods impose limits on what transactions we can refund, so you should request a refund promptly; you can usually get a refund if you request it within 30 days of purchase.

Short version: We will not be liable for damages or losses arising from your use or inability to use the Services or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

• the use, disclosure, or display of your data;
• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service;
• any other user interactions that you input or receive through your use of the Service; or
• any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

You agree to indemnify, defend and hold harmless SOFTWARE ENGINEERING S.R.L. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the parties will modify this Agreement to give effect to such provision and the remaining provisions will continue in full force and effect.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Neither party may assign or otherwise transfer this Agreement, in whole or in part, without the other party's prior written consent (not to be unreasonably withheld or delayed), and any attempt to do so will be null and void.

These Terms shall be governed and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.

The Court of Milan (Italy) shall be exclusively competent to decide on any dispute, with the express exclusion of any other Court that may possibly have territorial jurisdiction.

We reserve the right to change these Terms and Conditions at any time by posting new Terms and Conditions at this location. Any change(s) to this Terms and Conditions will take effect thirty (30) days after such changes have been posted. If you don't unsubscribe following such changes, you accept those changes. This document was last updated according to the date at the top of this page.

Please refer to our Privacy Policy. You agree that it constitutes part of these terms. You must read our Privacy Policy before you use the Services.

If you have any questions about these Terms, please contact us.