Terms and Conditions

Last Updated: November 16, 2024

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") is available on a subscription basis ("Subscription(s)").

Each Subscription plan has prescribed storage and monthly bandwindth limits in bytes. Storage is the sum of bytes taken by your files you store on the service at any given time. Monthly bandwidth is the cumulative number of bytes transmitted from the SaaS Services. If you exceed your storage or bandwidth limits for 2 consecutive months, or you significantly exceed your limits within the first month, as determined by us in our sole discretion, we will notify that we will upgrade your account within 7 days of our message. In the event we fail to upgrade your account within seven days of our notice, we reserve the right to suspend your account and restrict your use of our Services anytime after the seventh day following our notice to you. We further reserve the right to delete your account in the event your account remains suspended for 2 consecutive months. In the event of any account suspension or deletion, you acknowledge and agree that you will not be entitled to any refunds of any amounts previously paid to us.

User content

Files uploaded, posted, shared or stored on the SaaS Services are collectively known as "User Content".
User content may not contain any content that:

• is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose Company or others to any harm or liability of any type.

We do not own, control or endorse any User Content that is transmitted, stored, or processed via our Service. You are solely responsible for any of your User Content and for your use of any interactive features and areas of the Services, and You represent and warrant that (i) You own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in this Agreement; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.

You are solely responsible for creating backup copies of and replacing any User Content You post or store on the Services at your sole cost and expense.

Reselling

You may include the SaaS Services as part of your offering to your customers. We have a few rules: - you may not use the SaaS Services to compete with us. For example, you cannot start a company called "Cloud Files" and use the SaaS Services as your provider. - While you may provide the SaaS Services to your customers, we will only provide support to you or your team members. - We are not liable for any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) (collectively, "Losses") arising out of or relating to your customers' use of the Website or our SaaS Services and to the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our parent, subsidiaries, affiliates, and your respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against all such Losses.

Compliance with EU Law

For purposes of the GDPR, the parties agree that you are the data controller for the Customer Data, and SOFTWARE ENGINEERING S.R.L. is the data processor.

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.