Terms of Service
Clear, simple terms for using IT Folder
These are the rules for using IT Folder. By using our service, you agree to them. IT Folder is operated by Tiny Electrons LLC.
1. The Basics
- IT Folder is for business use only.
- Keep your password safe. You're responsible for everything that happens under your account.
- One login per person. No sharing accounts.
- Don't use the service for anything illegal.
- Be a human. No bots allowed.
2. Service Warranty
IT Folder warrants that the Service will materially conform to the applicable documentation during your active subscription term. If the Service does not conform, notify us in writing and we will use commercially reasonable efforts to correct the non-conformity. If we are unable to do so within 30 days of your notice, you may terminate the affected subscription and receive a pro-rata refund of prepaid fees for the remainder of the term.
This warranty does not cover problems caused by misuse, unauthorized modifications, third-party integrations not provided by IT Folder, or circumstances outside our reasonable control.
EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE SERVICE IS PROVIDED "AS IS." WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
3. Payment
- We bill monthly in advance via Stripe.
- You need a valid credit card.
- No refunds for partial months or unused time.
- You're responsible for any applicable taxes.
- Plan changes take effect on your next billing cycle.
4. Price Changes
We may change prices with 30 days notice. We'll post changes on our website or in the app.
5. Your Content
- Your data belongs to you. We don't claim any rights to it.
- Make sure your content follows copyright laws.
- We can remove content that violates these terms, but we're not required to monitor everything.
- IT Folder's design, code, and branding belong to us. Don't copy them without permission.
6. Rules of the Road
- Don't hack, modify, or reverse-engineer the service.
- Don't pretend to be affiliated with us.
- Don't resell or exploit the service without our permission.
- Abuse of any kind toward our team or other customers will get you banned immediately.
- We use third-party providers (like AWS) to run the service.
7. Limitation of Liability
7.1 Exclusion of Indirect Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION DOES NOT APPLY TO: (A) A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 13; (B) A PARTY'S BREACH OF CONFIDENTIALITY OBLIGATIONS UNDER SECTION 14; OR (C) YOUR PAYMENT OBLIGATIONS.
7.2 Cap on Direct Damages
EXCEPT FOR THE EXCLUSIONS IN SECTION 7.1, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU TO IT FOLDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7.3 Basis of the Bargain
THE LIMITATIONS IN THIS SECTION 7 APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
8. Security
- Your data is encrypted in transit and at rest (AES-256).
- We use AWS with private subnets and a web application firewall.
- We support multi-factor authentication.
- See our Privacy Policy for more details.
9. Cancellation & Data Export
- Cancel anytime in your account settings (not by email or phone).
- Upon cancellation or termination, you will have a 30-day data export window during which you may download your data through the Service's export functionality.
- After the 30-day export window, your data will be permanently deleted and cannot be recovered. Deletion of uploaded data will be completed within 7 days after the export window closes, subject to limited backups retained for a short period for security and legal compliance.
- We may terminate accounts that violate these terms with written notice. In the event of termination for cause, you will still receive a 30-day data export window unless the violation involves illegal activity or poses an immediate security threat.
10. Changes to These Terms
We may update these terms from time to time. For material changes, we will provide at least 30 days' advance notice via email to the account owner or through a prominent notice in the Service before the changes take effect.
If you do not agree with a material change, you may terminate your subscription before the change takes effect and receive a pro-rata refund of prepaid fees for the remainder of your term. Continued use of the Service after the effective date of any changes constitutes your acceptance of the updated terms. New features added to the Service are also subject to these terms.
11. Governing Law & Dispute Resolution
These terms are governed by the laws of the State of California, without regard to its conflict of laws provisions.
11.1 Informal Resolution
Before filing any formal proceeding, the parties agree to first attempt to resolve any dispute informally by sending written notice to the other party describing the dispute and the proposed resolution. The parties will negotiate in good faith for at least 30 days before initiating formal proceedings.
11.2 Arbitration
Any dispute arising out of or relating to this Agreement that cannot be resolved informally shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. Arbitration shall take place in Contra Costa County, California, and may be conducted by videoconference if mutually agreed. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
11.3 Exceptions to Arbitration
Either party may seek injunctive or other equitable relief in the state or federal courts located in Contra Costa County, California, for matters involving intellectual property infringement, confidentiality breaches, or unauthorized access to the Service.
11.4 Jury Trial Waiver
EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT.
11.5 Entire Agreement
This Agreement, together with any applicable Order Form, Data Processing Addendum, and Service Level Agreement, constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings.
12. Service Level Agreement
12.1 Uptime Commitment
IT Folder commits to 99.9% monthly uptime for the Service, measured as the percentage of total minutes in a calendar month during which the Service is available.
12.2 Downtime Exclusions
The following are excluded from downtime calculations: (a) scheduled maintenance performed during our published maintenance windows (with at least 48 hours' advance notice); (b) force majeure events; (c) issues caused by your equipment, software, or network connections; (d) features labeled as "beta" or "preview."
12.3 Service Credits
If monthly uptime falls below the commitment, you are eligible for service credits upon request:
- 99.0% – 99.9%: 5% credit of monthly fees
- 95.0% – 99.0%: 15% credit of monthly fees
- Below 95.0%: 30% credit of monthly fees
Service credits are your sole and exclusive remedy for downtime. Credits may not exceed 30% of your monthly fees and must be requested within 30 days of the incident. Credits will be applied to your next billing cycle.
13. Indemnification
13.1 IT Folder Indemnification
IT Folder will defend, indemnify, and hold harmless you and your officers, directors, and employees from and against any third-party claim, suit, or proceeding alleging that: (a) the Service infringes or misappropriates a third party's intellectual property rights; or (b) a data breach caused by IT Folder's negligence or willful misconduct resulted in unauthorized disclosure of your data.
IT Folder's obligations under this section are conditioned on: (i) prompt written notice of the claim; (ii) sole control of the defense and settlement; and (iii) your reasonable cooperation. If the Service becomes, or in IT Folder's opinion is likely to become, the subject of an infringement claim, IT Folder may, at its option and expense: modify the Service to be non-infringing, procure a license for continued use, or terminate the affected subscription with a pro-rata refund.
13.2 Customer Indemnification
You will defend, indemnify, and hold harmless IT Folder from and against any third-party claim arising from: (a) your content or data uploaded to the Service; (b) your use of the Service in violation of these terms or applicable law; or (c) your breach of any representation or warranty in this Agreement.
13.3 Indemnification Cap
Each party's indemnification obligations are subject to the liability cap set forth in Section 7.2, except that IT Folder's indemnification for intellectual property infringement claims shall not be subject to the cap.
14. Confidentiality
14.1 Definition
"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that is designated as confidential or that the Receiving Party should reasonably understand to be confidential given the nature of the information and circumstances of disclosure. Confidential Information includes, but is not limited to: your IT documentation, passwords, network configurations, and other data stored in the Service; IT Folder's proprietary technology, security architecture, and business processes; and the terms and pricing of this Agreement.
14.2 Obligations
The Receiving Party shall: (a) use Confidential Information only for the purposes of this Agreement; (b) protect Confidential Information using at least the same degree of care it uses for its own confidential information, and in no event less than reasonable care; and (c) not disclose Confidential Information to any third party except to employees, contractors, or agents who need to know and are bound by confidentiality obligations at least as protective as these.
14.3 Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach of this Agreement; (b) was known to the Receiving Party before disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully received from a third party without confidentiality restrictions.
14.4 Compelled Disclosure
If the Receiving Party is required by law, regulation, or court order to disclose Confidential Information, it shall provide the Disclosing Party with prompt written notice (to the extent legally permitted) so the Disclosing Party may seek a protective order or other remedy.
14.5 Survival
Confidentiality obligations shall survive termination of this Agreement for a period of three (3) years, except for trade secrets, which shall remain protected for as long as they qualify as trade secrets under applicable law.
15. Data Processing
15.1 Roles
With respect to any personal data processed through the Service on your behalf, you are the data controller (or "business" under CPRA) and IT Folder is the data processor (or "service provider" under CPRA).
15.2 Data Processing Addendum
IT Folder's Data Processing Addendum (DPA) is incorporated into this Agreement by reference. The DPA governs IT Folder's processing of personal data on your behalf and includes: (a) the scope and purpose of processing; (b) sub-processor obligations and notification procedures; (c) data breach notification within 72 hours of confirmation; (d) data return and deletion upon termination; (e) audit cooperation; and (f) the European Commission's Standard Contractual Clauses (Module 2: Controller to Processor) for international data transfers. The DPA is available upon request at support@itfolder.com.
15.3 Sub-Processors
IT Folder uses the following sub-processors to deliver the Service:
- Amazon Web Services (AWS) – Cloud hosting and infrastructure (US regions)
- Stripe – Payment processing
- Google Analytics – Marketing site analytics (marketing pages only)
We will notify you at least 30 days before adding a new sub-processor. You may object to a new sub-processor by written notice within 15 days. If we cannot reasonably accommodate the objection, you may terminate the affected subscription with a pro-rata refund. A current list of sub-processors is maintained at itfolder.com/sub-processors.
16. Questions?
Tiny Electrons LLC
Email: support@itfolder.com
Website: www.itfolder.com
By using IT Folder, you agree to these terms.