Terms of Use

By creating an account or using Filvacy, you confirm that you have read, understood, and accepted these Terms of Use in their entirety. If you do not accept these terms, please do not use the service.

These terms constitute a legally binding agreement between you (hereinafter "the User") and Filvacy (hereinafter "we" or "the Service").

Filvacy is a SaaS (Software as a Service) platform that enables professionals to create secure portals for collecting documents from their clients. The service includes, but is not limited to:

• Creating and managing document collection portals
• Client authentication via unique secure links
• End-to-end encryption of exchanged documents (zero-knowledge architecture)
• Document template management
• Team management and permissions
• Automatic file deletion based on configurable retention periods
• Subscription-based billing, per active user

To use Filvacy, you must create an account with a valid email address. You are responsible for:

• The accuracy of the information provided during registration
• The confidentiality of your login credentials, encryption password, and recovery key
• All activity conducted from your account

Filvacy reserves the right to suspend or terminate any account in the event of a violation of these terms.

By default, Filvacy uses a zero-knowledge encryption architecture. This means that:

• Documents exchanged are encrypted using an RSA key pair unique to your organization.
• Your private key is itself protected by an encryption password that only you know.
• Filvacy does not store and does not have access to your encryption password in plaintext.

Upon registration, a unique recovery key is provided to you. This key allows you to restore access to your documents in the event that you lose your encryption password.

4.1 Filvacy Recovery Service (Exception to Zero-Knowledge)

Filvacy offers an optional access recovery service (hereinafter "Recovery Service"). By activating this service, you consent to Filvacy storing an encrypted copy of your private key for recovery purposes.

Important — Encryption Transparency: Although this key is stored in encrypted form, Filvacy has the technical means to decrypt it in order to perform the recovery. Activating this service therefore constitutes an explicit exception to the zero-knowledge model described above.

This service is subject to the following conditions:

• Activation is entirely voluntary (opt-in) and requires the explicit consent of an account administrator.
• Recovery is only triggered upon formal request from the organization, by an authorized administrator.
• Filvacy commits to using the backup key solely for the purpose of access recovery, and never to access the organization's documents on its own initiative.
• The organization may deactivate this service at any time, in which case Filvacy will delete the backup copy of the private key.

In plain terms: if you do not activate the Recovery Service, Filvacy has no way to access your documents (zero-knowledge). If you activate it, Filvacy holds a backup key that allows it, only at your request, to restore your access.

4.2 User Responsibility

You acknowledge and agree that:

• It is your responsibility to keep your encryption password and recovery key in a safe place.
• If you have not activated the Recovery Service and you lose both your encryption password and your recovery key, Filvacy will be in absolute technical impossibility to decrypt your documents. This loss is permanent and irreversible.
• Filvacy cannot be held liable for the loss of access to your documents resulting from the loss of your encryption credentials, whether or not the Recovery Service is activated.

5.1 Free Trial

• Access to basic features at no cost
• Applicable limits (file size, retention, number of portals)
• One free trial per organization, regardless of the number of associated email addresses

5.2 Pro Plan

• Monthly or annual billing, per active user
• Plan changes take effect immediately

With monthly billing, you may cancel at any time. Your access remains active until the end of the current billing period.

With annual billing, your commitment is for 12 months. No prorated refund is offered in the event of early cancellation.

Prices are expressed in the currency of the region where your data is hosted, exclusive of applicable taxes. Filvacy reserves the right to modify its pricing with 30 days' written notice.

The account administrator may invite team members. Each member whose invitation has been accepted constitutes a billable seat.

• A member whose invitation is pending is not billed.
• Removing a member ends their billing as of the next billing cycle.
• The administrator is responsible for managing access and permissions granted to team members.

By using Filvacy, you agree to:

• Use the service only for lawful and professional purposes
• Obtain your clients' consent before collecting their documents
• Comply with all applicable laws and regulations regarding the protection of personal information in your jurisdiction
• Not use the service to collect information in a fraudulent or misleading manner
• Not attempt to circumvent the service's security measures
• Not use the service for illegal, harmful, or public-order-adverse purposes

Filvacy reserves the right to immediately suspend any account whose use violates these terms, without notice or refund.

Filvacy acts as a data processor for data collected through the portals. As a professional user, you are the data controller within the meaning of applicable laws.

In simple terms: you decide what data to collect and why; Filvacy provides the technical tool to do so securely.

As such, you are responsible for:

• Informing your clients about the collection and use of their personal information
• Obtaining the consents required by law
• Respecting your clients' rights of access, rectification, and deletion
• Configuring retention periods that comply with your legal and professional obligations
• Downloading necessary documents before their automatic deletion

Filvacy acts solely as a technical intermediary. It is not responsible for the content of documents submitted to the platform, for the use you make of them after download, or for any harm resulting from the use of documents in a manner that does not comply with applicable laws.

Filvacy and all of its components (brand, interface, source code, editorial content) are the exclusive property of their authors, protected by applicable intellectual property laws.

Documents submitted by your clients through the portals remain their property. Filvacy claims no rights over such content.

You retain all rights to the templates and configurations you create within the service.

The processing of your personal information and that of your clients is governed by our Privacy Policy, which forms an integral part of these terms.

Filvacy commits to deploying commercially reasonable efforts to maintain service availability. However, Filvacy does not guarantee uninterrupted operation.

Scheduled maintenance interruptions may occur, preferably outside business hours. When possible, notice will be provided by email or through the service interface.

Filvacy shall not be held liable for any delay or failure in the performance of its obligations resulting from events beyond its reasonable control, including but not limited to:

• Natural disasters, epidemics, or pandemics
• Third-party infrastructure failures (hosting, network, cloud providers)
• Acts of war, terrorism, or sabotage
• Unforeseen governmental or regulatory decisions
• Widespread cyberattacks affecting Internet infrastructure

The duration of the affected obligation shall be extended by a period equivalent to that of the force majeure event. If the event persists beyond 15 days, either party may terminate the agreement without penalty.

To the fullest extent permitted by applicable law, Filvacy shall not be held liable for:

• Any indirect, incidental, consequential, special, or punitive damages arising from the use or inability to use the service
• Loss of data caused by automatic deletion upon expiration of the retention period you configured
• Loss of access to encrypted documents resulting from the loss of your encryption password or recovery key
• Any failure on your part to fulfill your legal obligations toward your clients

Liability cap: Filvacy's total liability, for all causes combined, is limited to the amounts actually paid by you during the three (3) months preceding the event giving rise to the claim.

You agree to indemnify and hold harmless Filvacy, its officers, employees, and subcontractors from any liability, claim, damage, or expense (including reasonable attorney fees) arising from:

• Your use of the service
• Your violation of these terms
• Your violation of third-party rights
• Any claim by one of your clients related to the processing of their data through the service

Filvacy commits to allowing you to export your data in a standard, readable format before the termination of your account.

You may download your documents, templates, and configurations at any time from your dashboard, as long as your account is active.

After termination, a 15-day grace period is granted to export your data before permanent deletion. Filvacy will send you a reminder by email before this period expires.

Filvacy reserves the right to modify, improve, suspend, or discontinue all or part of the service, with reasonable notice. In the event of a substantial modification affecting the features included in your plan, you will be notified by email at least 30 days in advance.

Filvacy may modify these terms at any time. In the event of a significant modification, you will be notified by email at least 30 days before the changes take effect.

Continued use of the service after that date constitutes your acceptance of the new terms. If you do not accept the modifications, you may terminate your account before they take effect.

18.1 By You

You may cancel your subscription at any time from the Billing page of your dashboard. Cancellation takes effect at the end of the current billing period.

18.2 By Filvacy

Filvacy may terminate your access in the event of a serious violation of these terms, with or without notice depending on the severity of the situation.

In the event of termination initiated by Filvacy through no fault of your own, a prorated refund for the unused portion of the period will be issued.

18.3 Effects of Termination

Upon termination, your data is retained for 15 days to allow you to export it (see Section 15). After this period, it is permanently and irreversibly deleted.

These terms, together with the Privacy Policy, constitute the entire agreement between you and Filvacy regarding the use of the service, and supersede any prior agreement on the same subject matter.

If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to the extent possible to reflect the intent of the parties. The remaining provisions shall remain in full force and effect.

These terms are governed by and construed in accordance with the laws of the Province of Quebec and the applicable federal laws of Canada.

Any dispute arising from these terms shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Québec, Québec, Canada.

For any questions regarding these terms:

Filvacy — contact@filvacy.com