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DeadlineFTP.com

Terms of Service

Effective Date: January 1, 2025 | Version 1.0

Welcome to DeadlineFTP.com ("DeadlineFTP," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the DeadlineFTP platform, including our website, web application, mobile application, desktop application, and related services (collectively, the "Service").

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

1. Description of Service

DeadlineFTP provides a cloud-based photo workflow platform that enables photographers to:

2. Account Registration

2.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By registering, you represent that you meet these requirements.

2.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.3 Organization Accounts

If you create an organization account, you represent that you have the authority to bind that organization to these Terms. The organization is responsible for all users added to its account.

3. Subscription and Payment

3.1 Subscription Plans

The Service is offered through various subscription plans with different features, storage limits, and user allowances. Plan details and pricing are available on our website and may change from time to time.

3.2 Free Trials

We may offer free trial periods for certain subscription plans. At the end of the trial period, you will need to add a payment method and subscribe to continue using the Service.

3.3 Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

3.4 Payment Processing

Payment processing is handled by Stripe, Inc. By providing payment information, you agree to Stripe's terms of service. We do not store your complete credit card information on our servers.

3.5 Price Changes

We reserve the right to change our prices. Any price changes will be communicated to you in advance and will take effect at the start of your next billing cycle.

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. The Service is intended for professional photography workflows, including photojournalism and news photography.

4.2 Prohibited Activities

You agree NOT to:

4.3 Content Standards

You are solely responsible for all content you upload to the Service. We reserve the right to remove any content that violates these Terms or that we determine, in our sole discretion, is harmful to our Service or other users.

5. Intellectual Property

5.1 Your Content

You retain all ownership rights to the photos and other content you upload to the Service ("Your Content"). By uploading content, you grant us a limited, non-exclusive license to store, process, and transmit Your Content solely to provide the Service to you.

5.2 Our Intellectual Property

The Service, including its software, design, logos, and documentation, is owned by DeadlineFTP and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written permission.

6. Data Retention and Deletion

6.1 Photo Retention

Photos uploaded to the Service are retained for the period specified in your subscription plan, after which they are automatically deleted from our servers. Retention periods vary by plan and are designed for active photo workflows, not long-term storage.

6.2 Account Data

We retain account information and usage data as described in our Privacy Policy. Upon account termination, we will delete your data in accordance with our data retention policies and applicable law.

6.3 Backups

You are responsible for maintaining your own backups of Your Content. DeadlineFTP is not a backup service and should not be relied upon as your sole copy of any photos or data.

7. Service Availability

7.1 Availability

We strive to provide reliable access to the Service but do not guarantee uninterrupted availability. The Service is provided on a "best efforts" basis. We do not guarantee any specific uptime percentage or service level.

7.2 Maintenance

We may temporarily suspend access to the Service for maintenance, updates, or other operational reasons. We will endeavor to provide advance notice of planned maintenance when practical.

7.3 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice of any material changes that adversely affect your use of the Service.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEADLINEFTP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless DeadlineFTP and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

11. Termination

11.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your account immediately if you violate these Terms or engage in conduct that we determine is harmful to the Service or other users. We may also terminate accounts that remain inactive for an extended period.

11.3 Effect of Termination

Upon termination, your right to access the Service will cease immediately. We are not obligated to retain any of Your Content after termination.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Indiana, United States, without regard to its conflict of laws principles.

12.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@deadlineftp.com to attempt to resolve the dispute informally.

12.3 Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Indiana, and the arbitrator's decision shall be final and binding.

12.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DeadlineFTP regarding the Service.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

13.5 Notices

We may provide notices to you via email to the address associated with your account or through the Service. You may contact us at:

Support: support@deadlineftp.com

14. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.

15. Contact Information

If you have questions about these Terms, please contact us at:

DeadlineFTP.com
Support: support@deadlineftp.com

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