Terms and Conditions

Last Updated: October 15, 2025

1. Introduction and Acceptance

Welcome to FileGate. These Terms and Conditions ("Terms") govern your use of FileGate's file storage and delivery service ("Service"), operated by Refactor Projects, LLC ("we," "us," or "our"), a company registered in Oregon, United States.

By accessing or using FileGate, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

You must be at least 16 years old to use FileGate. By using the Service, you represent that you meet this age requirement.

2. Service Description

FileGate provides secure file storage and delivery services with the following features:

  • File storage and sharing with access controls (password protection, email verification, expiration dates)
  • Support for files up to 5TB in size
  • 30-day satisfaction guarantee with full refund if not satisfied
  • Unlimited storage at $5 per 250GB per month, calculated based on peak usage

FileGate is currently in beta. We reserve the right to modify features, add or remove functionality, or discontinue the Service at any time with reasonable notice.

3. Account Registration and Security

To use FileGate, you must create an account by providing a valid email address. You are responsible for:

  • Maintaining the confidentiality of your authentication codes
  • All activity that occurs under your account
  • Notifying us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

4. Acceptable Use Policy

Prohibited Content

You may not upload, share, or store:

  • Illegal content under applicable laws
  • Child sexual abuse material (CSAM)
  • Malware, viruses, or other malicious code
  • Content that infringes intellectual property rights
  • Content that violates privacy rights of others

Prohibited Activities

You may not:

  • Use the Service to harm, harass, or threaten others
  • Attempt to circumvent storage limits or security measures
  • Reverse engineer, decompile, or disassemble the Service
  • Use automated systems to access the Service without permission
  • Resell or redistribute the Service without authorization

Content Monitoring

We generally do not monitor user content. However, we reserve the right to scan files for malware and child sexual abuse material (CSAM) at our discretion. We will respond to valid legal requests and reports of Terms violations.

Enforcement

We may remove content, suspend access, or terminate accounts that violate these Terms, without prior notice when legally required or when we believe immediate action is necessary to protect the Service or others.

5. User Content and Intellectual Property

Your Content: You retain all ownership rights to files you upload to FileGate. You are solely responsible for ensuring you have the right to share your content.

License to Us: By uploading content, you grant us a limited, non-exclusive license to store, transmit, and display your files solely to provide the Service. We will not use your content for any other purpose, including AI training or data analysis.

Our Intellectual Property: FileGate's name, logo, software, and documentation are our property. You may not use them without permission.

Copyright Claims: We respond to valid copyright infringement notices. If you believe content on FileGate infringes your copyright, contact us at legal@filegate.io.

6. Payment Terms

Account Setup and Initial Payment

All new accounts require payment method verification:

  • Credit Card Required: You must provide a valid credit card through Stripe for verification during account creation
  • First Payment: Your card will not be charged for 30 days from account creation
  • Full Access: Unlimited storage and all features available immediately upon account creation
  • 30-Day Satisfaction Guarantee: If you're not satisfied within the first 30 days, cancel and request a full refund
  • First Charge: After 30 days, you will be charged based on your peak storage usage since account creation

Subscription Billing

Pricing is $5 per 250GB of storage per month, calculated based on your peak storage usage during each billing period.

  • Billing: Charged monthly via Stripe
  • Automatic Renewal: Subscriptions renew automatically unless canceled
  • Usage Calculation: We measure your peak storage during the billing period and round up to the nearest 250GB increment
  • Payment Failure: Failed payments trigger a 48-hour grace period. During grace period, you cannot create new shares or upload files, and public share access returns 404. After grace period expires, your account is suspended and shares are archived.
  • Cancellation: You may cancel anytime, which triggers a 48-hour grace period before account suspension
  • Refunds: Full refund available if requested within first 30 days. No refunds for partial billing periods after 30 days, except where required by law
  • Taxes: You are responsible for applicable taxes

7. Data Storage and Deletion

Your files are stored on Cloudflare R2 infrastructure with redundancy for reliability.

  • File Retention: Files persist until you delete them, set a custom expiration date, or your account is suspended/terminated
  • Account Suspension: When account is suspended (after grace period), all files are deleted and shares are archived (metadata retained for records)
  • Account Termination: Files are deleted within 30 days of account closure
  • Our Deletion Rights: We may delete content that violates these Terms

We are not a backup service. You are responsible for maintaining copies of important files.

8. Service Availability and Support

FileGate is provided "as-is" with a target uptime of 99.9%, but we make no guarantees. The Service may be unavailable due to:

  • Scheduled maintenance (with advance notice when possible)
  • Emergency repairs or security updates
  • Circumstances beyond our control

Support is provided on a best-effort basis via email. Response times are not guaranteed.

FileGate is currently in beta. Features may change, and bugs may occur.

9. International Use

Governing Law: These Terms are governed by the laws of the State of Oregon, United States, without regard to conflict of law provisions.

Data Transfers: Your data may be processed in the United States and other countries where our service providers operate. By using FileGate, you consent to international data transfers.

Local Compliance: You are responsible for compliance with your local laws regarding data storage, file transfer, and data privacy.

Export Controls: You may not use FileGate to share files in violation of export control laws.

Currency: All prices are in United States Dollars (USD).

10. Privacy and Data Protection

Our Privacy Policy explains how we collect, use, and protect your data. Key commitments:

  • No tracking pixels or analytics beyond basic server logs
  • No advertising or marketing emails (transactional emails only)
  • No AI training on your content
  • No sale or sharing of your data with third parties

Users in the European Union have rights under GDPR, including access, correction, and deletion of personal data. Contact us at legal@filegate.io to exercise these rights.

11. Disclaimers and Limitations of Liability

No Warranties

THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • Loss of data, revenue, or profits
  • Unauthorized access to your account or files
  • Content uploaded by you or other users
  • Service interruptions or errors
  • Actions of third parties

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Consumer Rights

Some jurisdictions do not allow limitation of implied warranties or liability for incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify and hold us harmless from claims arising from your use of the Service, your content, or your violation of these Terms.

12. Dispute Resolution

Informal Resolution: Before filing a claim, you agree to contact us at legal@filegate.io to attempt to resolve the dispute informally.

Binding Arbitration: If we cannot resolve disputes informally, disputes shall be resolved by binding arbitration in Portland, Oregon, except where prohibited by law.

Class Action Waiver: You agree to resolve disputes individually, not as part of a class action, except where prohibited by law.

Small Claims Court: You may pursue claims in small claims court if they qualify.

EU Users: European Union users may use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/

13. Termination

By You: You may close your account at any time through your account settings.

By Us: We may suspend or terminate your account if you violate these Terms, with or without notice depending on the severity.

Effect of Termination:

  • Your files will be deleted within 30 days
  • No refunds for partial billing periods unless required by law
  • Provisions regarding intellectual property, liability, and dispute resolution survive termination

14. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and FileGate.

Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

No Waiver: Our failure to enforce any right does not waive that right.

Assignment: We may assign these Terms; you may not assign them without our consent.

Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

Changes to Terms: We may update these Terms with 30 days' notice. Continued use after changes constitutes acceptance.

Notice: Legal notices should be sent to legal@filegate.io. We will send notices to your registered email address.

15. Contact Information

For questions about these Terms, contact us at:

Refactor Projects, LLC
5441 S Macadam Ave Ste N
Portland, Oregon 97239
United States
Email: legal@filegate.io

DMCA Agent: legal@filegate.io

Privacy Inquiries: legal@filegate.io