File It! Terms of Service

1. Agreement and authority

These Terms of Service (“Terms”) govern access to and use of the File It! website, software, customer account, licensing service, downloads, support, demonstrations, updates, and any optional cloud service (collectively, the “Services”). “Company,” “we,” “us,” or “Blu” means Blu Software LLC, a New Mexico limited liability company operating the File It product. “Customer” or “you” means the organization identified in the order and each person it authorizes to use the Services.

By creating an account, checking the acceptance box at checkout, downloading, activating, installing, accessing, or using a Service, you accept these Terms and represent that you are at least 18 years old and authorized to bind the Customer. If a signed order form or separately executed agreement conflicts with these Terms, that signed agreement controls for the conflict.

2. Business use and account responsibility

File It is offered primarily for business and professional use in the United States. Customer must provide accurate account and purchasing information, maintain control of its email accounts and devices, protect sign-in and activation links, promptly remove access for departed personnel, and notify us of suspected compromise. Customer is responsible for activity performed through its account except to the extent caused by our breach of these Terms.

3. Perpetual local license

After we receive cleared, non-reversed payment, Company grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, perpetual license to run the purchased File It release and eligible updates on one active server for Customer's internal business operations. Authorized employees and contractors working for that Customer may use the licensed server without a per-user charge. “Perpetual” describes the duration of the local software license; it does not promise perpetual hosting, compatibility, updates, support, cloud service, third-party infrastructure, or availability of future hardware or operating systems.

Customer may make reasonable archival copies but may not resell, rent, host for unrelated third parties, provide bureau or service-provider access, defeat license controls, reverse engineer except where non-waivable law permits, remove proprietary notices, publish activation material, or use File It to create a competing product. Separate legal entities, additional servers, disaster-recovery servers used actively, and managed-service deployments require additional written authorization.

4. Activation, replacement, and transfer

An activation code is displayed once because Company stores only a one-way verifier. Customer must store it securely. If the code is lost before any server is activated, Company may verify account ownership, invalidate the prior code, and issue a replacement. Company cannot retrieve the old code. A server replacement may require revocation of the prior device. Account or license transfers are not self-service and require Company's verification and written approval; we may refuse transfers that would constitute resale, evasion, fraud, or an unlawful assignment.

5. Payment, financing, taxes, and final settlement

Prices are in U.S. dollars unless stated otherwise and exclude applicable sales, use, excise, and similar taxes. Customer authorizes Stripe and any selected payment-method provider to process the charge. Card, bank, Affirm, Klarna, or other financing terms are between Customer and that provider; installment financing does not change the File It price or these Terms. Fulfillment occurs only after Stripe reports the order paid. A chargeback, reversal, fraud determination, mistaken complimentary grant, or rescinded payment may place the license into payment review and may delay downloads, updates, support, cloud access, or activation until resolved. A valid, finally settled perpetual license will not be disabled merely because optional support later expires.

6. Refund policy

Purchases are governed by the separate Refund Policy, incorporated into these Terms. In summary, an initial purchase is eligible for consideration only if requested within three calendar days after payment and no installer or release has been downloaded and no license has been activated. Download or activation makes the purchase final. Nothing in these Terms limits a non-waivable refund or remedy required by applicable law.

7. Updates and support

The initial license includes twelve months of eligible signed updates and reasonable email support during published business hours. Support is not an emergency, managed IT, cybersecurity monitoring, data-entry, accounting, legal, tax, compliance, custom-development, or unlimited-training service. We may use reasonable limits to prevent abuse while working in good faith on legitimate requests.

Annual renewal is optional and currently costs $1,800 unless a later order displays another price. Renewal purchasing opens 60 days before expiration. A 90-day grace period follows expiration. After that grace period, reinstatement may include $100 for each started 30-day lapse period, capped at $1,800, plus the annual renewal. Updates released outside an active coverage period are not included. Expiration does not terminate the perpetual right to use the last eligible local version.

8. Optional Cloud services

Cloud services are separate, optional, and governed by the plan, usage, retention, region, and pricing shown at enrollment. Unless the order expressly says otherwise, support renewal does not include Cloud storage. Cloud may be recurring and may be suspended for nonpayment. Before enabling Cloud, Customer must preserve an independent backup and understand its encryption-key, retention, recovery-point, and restore responsibilities. Encrypted or “zero-knowledge” design reduces access to content but does not eliminate risks of corruption, endpoint compromise, misconfiguration, deletion, ransomware, credential theft, unavailable infrastructure, or lost keys. Service descriptions do not constitute a guarantee that data can always be restored.

9. Customer files and professional obligations

Customer controls its cabinet, documents, retention choices, access permissions, endpoints, encryption keys, network, server, and independent backups. Customer must maintain at least one separate, current, tested backup not dependent on File It or File It Cloud and must periodically test restoration. File It is a document-management tool, not a substitute for professional judgment, records-retention policies, disaster recovery, cybersecurity controls, or legal and regulatory compliance.

Customer is solely responsible for determining whether its use complies with professional rules, tax and accounting obligations, court orders, subpoenas, legal holds, privacy laws, contractual duties, export rules, and industry requirements. Company does not provide legal, accounting, tax, audit, or cybersecurity advice and does not warrant that File It alone satisfies any particular law, certification, or professional standard.

10. Acceptable use

Customer may not use the Services to violate law or third-party rights; distribute malware; probe or interfere with systems without written authorization; bypass technical limits; store content it lacks authority to process; harass or defraud; expose credentials or regulated information through support channels; or create unreasonable risk to the Services or others. We may restrict the affected online service to prevent harm, comply with law, or investigate credible abuse. Where reasonably possible, we will provide notice and preserve unaffected access.

11. Demo and preview features

Demonstrations contain fictional or sample information and must never receive real client data. Demo links are private, single-use, and time-limited. Beta, preview, estimated pricing, roadmap, and “coming soon” features may be incomplete, changed, delayed, or discontinued and are provided for evaluation only without service levels or production warranties.

12. Third-party services

The Services may interoperate with Stripe, Resend, Google Workspace, Microsoft, operating systems, browsers, storage providers, financing providers, and other third-party products. Their terms, privacy practices, availability, and changes are outside Company's control. Company is not responsible for a third party's independent acts or omissions, but this sentence does not excuse Company from its own obligations in selecting or managing processors where applicable law imposes those obligations.

13. Security and incident response

Company uses administrative, technical, and organizational safeguards intended to be reasonable for the information and Services involved. No system, transmission, encryption method, model-based review, audit, or security test makes software invulnerable. Customer must promptly report suspected vulnerabilities to security@file-it.com and avoid accessing other customers' data, degrading service, or publicly disclosing an unresolved vulnerability before coordinated remediation. We will provide legally required security-incident notices without unreasonable delay and within applicable deadlines.

14. Confidentiality and feedback

Each party will use reasonable care to protect the other's non-public business, technical, security, and financial information and will use it only to perform the agreement, except for information independently developed, lawfully received without restriction, publicly available without breach, or required to be disclosed by law. Feedback may be used without restriction or payment, provided Company does not identify Customer publicly without permission.

15. Intellectual property

Company and its licensors retain all ownership of the Services, software, documentation, designs, trademarks, and improvements. Customer retains ownership of its documents, cabinet data, and materials. These Terms grant only the express license above; no rights are transferred by implication.

16. Suspension and termination

Customer may stop using the Services at any time. Company may suspend affected online features for nonpayment, security threats, unlawful use, fraud, sanctions restrictions, or material breach after notice and a reasonable cure opportunity when circumstances permit. Company may terminate a license obtained through fraud, an invalid or rescinded grant, a successful chargeback, or uncured material breach. Termination does not erase accrued payment obligations or provisions that by nature should survive, including ownership, confidentiality, disclaimers, liability limitations, indemnity, dispute resolution, and record obligations.

17. Service changes and availability

We may improve, replace, or discontinue online features and may perform maintenance. We do not promise uninterrupted or error-free availability. For a paid online service, we will use commercially reasonable efforts to give advance notice of a material discontinuation and provide any remedy required by the applicable order or law. Local perpetual functionality may depend on Customer's maintained compatible environment.

18. Customer indemnity

To the extent permitted by law, Customer will defend and indemnify Company and its personnel from third-party claims, damages, and reasonable costs arising from Customer content, Customer's unlawful or unauthorized use, infringement caused by materials Customer supplies, or Customer's material breach of Sections 2, 3, 9, or 10. This obligation does not apply to the extent a claim was caused by Company's breach, negligence, willful misconduct, or infringement by the unmodified Services.

19. Warranty disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, DEMOS, DOCUMENTATION, UPDATES, SUPPORT, AND CLOUD FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, DATA PRESERVATION, SECURITY, AND RESULTS. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, INVULNERABLE, ERROR-FREE, COMPATIBLE WITH EVERY ENVIRONMENT, OR THAT ANY FILE, BACKUP, OR RESTORE WILL BE COMPLETE OR RECOVERABLE. EXPRESS COMMITMENTS IN A SIGNED ORDER ARE NOT DISCLAIMED.

20. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS INTERRUPTION, LOST OR CORRUPTED DATA, RECONSTRUCTION COSTS, SUBSTITUTE SERVICES, OR FAILURE TO REALIZE EXPECTED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY. COMPANY'S AGGREGATE LIABILITY ARISING FROM AN AFFECTED SERVICE WILL NOT EXCEED THE AMOUNT CUSTOMER PAID COMPANY FOR THAT SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT; FOR A CLAIM PRIMARILY CONCERNING A PERPETUAL LICENSE PURCHASED EARLIER, THE CAP IS THE INITIAL LICENSE FEE ACTUALLY PAID. THESE LIMITS APPLY ACROSS ALL THEORIES AND CLAIMS.

These exclusions do not apply where prohibited or to liability that cannot lawfully be limited, which may include fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or certain statutory rights. Some jurisdictions do not allow particular exclusions, so they apply only to the lawful extent. The parties agree the pricing reflects this allocation of risk.

21. Disputes, arbitration, and class waiver

Before filing a claim, the complaining party must send a detailed written notice to the other and allow 30 days for good-faith resolution. Except for eligible small-claims matters or requests for temporary injunctive relief concerning security, confidentiality, or intellectual property, disputes will be resolved by binding individual arbitration under the Federal Arbitration Act and the American Arbitration Association Commercial Arbitration Rules. Arbitration may occur remotely unless the arbitrator requires otherwise. Each party may opt out of this arbitration provision by emailing support@file-it.com within 30 days after first accepting these Terms, identifying the Customer and account email.

CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR PRIVATE-ATTORNEY-GENERAL ACTION, TO THE EXTENT PERMITTED BY LAW. If this class waiver is unenforceable for a particular claim, that claim will proceed in court and not arbitration.

22. Governing law

Florida law governs without regard to conflict-of-law principles, except that the Federal Arbitration Act governs arbitration. A court proceeding permitted under these Terms must be brought in a state or federal court serving the Florida county where Company maintains its principal place of business, and each party consents to jurisdiction there. Mandatory consumer protections of a Customer's home state remain unaffected where they cannot be waived.

23. Changes and notices

We may update these Terms prospectively. We will post the effective date and, for a material change that reduces existing account rights or materially changes payment or dispute terms, provide prominent account notice or email to the primary account address before the change takes effect where reasonably practicable or legally required. Changes required for law or urgent security may take effect sooner. The version accepted with an order continues to govern that completed purchase unless the parties agree otherwise; updated terms may govern later renewals or new services.

24. General terms

Neither party is liable for delay caused by events beyond reasonable control, except payment obligations. Customer may not assign these Terms without written consent; Company may assign them with a merger, reorganization, sale of substantially all relevant assets, or to an affiliate, subject to applicable law. Failure to enforce is not a waiver. If a provision is unenforceable, it will be narrowed to the minimum extent necessary and the remainder survives. Headings are for convenience. These Terms, the Privacy Notice, Refund Policy, order, and any signed addendum are the entire agreement concerning the Services.

25. Contact

Questions, legal notices, refund requests, and account-transfer requests may be sent to support@file-it.com. Security reports should be sent to security@file-it.com.