Legal Notice

Terms of Service

1. Introduction

The terms under which WOJTEK SAS / Gofile offers its services to users are described in this contract. By registering and using our services or accessing our websites, you accept these terms without reservation. We reserve the right to deny access to our services to anyone who could harm their integrity.

2. Service Description

The Gofile Service is intended for users who wish to store digital content of any kind on Gofile servers. It offers a storage service that allows the public communication of content and is considered a hosting service under applicable legislation. Users can also store content in a private space. Gofile is then a simple storage service provider. Any content communicated to the public in violation of third-party rights may be removed in accordance with Gofile's terms and the laws in force.

3. Service Registration

In order to use the Service other than as a "guest," the user must provide an email address. They will receive a link to access the service. No other information is required.

4. Offer and Payment

Gofile offers a free and paid mode.
The free offer is provided in the form of Freemium, which means that the user can use and test a deliberately degraded service for free, including displaying advertisements, and eventually decide to subscribe to a paid offer. Users can access the free offer as a guest or as a standard user, each with its own features. To access the services as a guest, the user does not need to identify themselves; a guest session is automatically created upon the first connection to the site. This session is ephemeral and mainly allows for quick sharing. To access the services as a standard user, the user must provide a valid email address on which they will receive a connection link. The user agrees that Gofile will keep their email (which serves as an identifier). The user agrees that the use of services as a guest and standard user involves displaying advertising offers.
The user can choose to subscribe to the paid offer to access additional features and services described in the "subscription" tab of the profile page. They can customize their offer according to their specific needs and proceed with payment among the proposed modes. Once payment is made, the order is final and the user will receive a confirmation email containing the information mentioned during the order validation process.

5. The User

Gofile's services are available to any adult individual with legal capacity. The user guarantees that the information they provide is true, accurate, current, and complete and undertakes to update it to maintain its accuracy. If any of the information provided is false, inaccurate, expired, or incomplete, we reserve the right to suspend or close the user's account and cancel this agreement without the potential prejudice being able to be repaired. The user is responsible for maintaining the confidentiality of their identifiers and is responsible for any activity on their account. If the user notices any activity indicating that their account is being used in an unauthorized manner or that their data is being used without their permission, they should immediately contact us. Gofile, as a data controller, implements automated data processing for managing its website and providing the service. The data collected is necessary for this processing and is intended for the services provided by Gofile and, if applicable, by its subcontractors and providers. Any person using Gofile's services can consult the page relating to the use of personal data.

6. Legal Provisions

The user is responsible for the data stored on Gofile servers. We provide the user with methods of restricting and controlling access for better control of their data. We recommend for maximum security to encrypt the data before storing it on our servers. The user recognizes Gofile's hosting status and cannot hold Gofile responsible for the content stored by the user.

You agree not to use our services to:

Broadcast, send, or transmit any content that incites hatred or refers to torture or death.
Cause harm to minors, especially by disseminating child pornography.
Broadcast, display, or transmit any content that would violate patents, trademarks, trade secrets, copyrights, or any other property right belonging to a third party.
Send unsolicited commercial emails (“spam”).
Hide identity to perform illegal, fraudulent, or infringing activities on intellectual property rights of a third party; broadcasting harmful, illegal, or defamatory content.
Allow others to use our services illegally, invasively, prejudicially, defamatory, or fraudulently; to alter, steal, corrupt, disable, destroy, illegally access or violate any computer file, database, or network security or encryption; to interfere with the use of our network by other authorized clients or users; violate the use conditions of Gofile's infrastructure providers, provided that you are aware of these policies and that they are publicly available on the websites of the infrastructure providers; or in a manner that is contrary to generally accepted internet etiquette.
Try to gain access to an account or computer resource that does not belong to you, without the owner's permission.
Interfere with the use or enjoyment of our network or any other service by other authorized clients or users. This includes excessive use that damages fair use by other users and clients of Gofile.
Import any copy of copyrighted content for the purpose of sale, rental, distribution, or any other benefit or reward.

We reserve the right to terminate any account that violates these rules, without notice, in accordance with the laws and policies established by Gofile as a hosting service. Furthermore, if the user violates these rules, we will fully cooperate with authorities by providing information about the user and content.

7. Refund Policy and Legal Withdrawal Period

- Refund: As the services offered by Gofile are digital in nature, most of the time they cannot be refunded. However, each case will be evaluated on an individual basis, and a refund may be granted if the reason for the request is deemed legitimate (such as an error from Gofile, a technical problem, or a payment made by mistake).
- Legal Withdrawal Period: By accepting the terms and conditions as a consumer, the user acknowledges that the 14-day period for exercising the right of withdrawal does not apply when the services have already been provided.

8. Delayed / Default Payment

In case of non-payment, the user's account will be immediately downgraded to a "standard" account with associated features. In any case, Gofile will do its best to inform the customer by email of the status of their account.

9. Intellectual Property

All content available on the Gofile website, including texts, graphics, logos, buttons, images, music tracks, digital downloads, data compilations, and software, is owned by Gofile and is protected by French and international laws on intellectual property, copyright, and database protection.

10. Diversion

The user must not use the offers and resources provided fraudulently. We reserve the right to terminate any account that would put the service in danger.

11. Responsibility

The user acknowledges that the Gofile service is highly technical and that Gofile is only subject to a general obligation of means. Due to the nature of the Internet and its operation, Gofile cannot guarantee any quality of service. Gofile will not be held liable for damages related to the unavailability or degradation of its service.

12. Modification of the Agreement or our Services

We reserve the right to modify the terms of use at any time and without notice. In addition, in case of force majeure, we reserve the right to modify or interrupt the service, temporarily or permanently, without notice. You acknowledge that we cannot be held responsible for any modification, suspension, or interruption of the service. In order to protect the integrity of the services, you acknowledge our right to establish conditions and limitations for the use of the service, including the maximum disk space allocated on our servers and the maximum number of times (and maximum duration) you can access the service within a given time period. The rates are freely fixed and can be modified without notice. These limitations may be reviewed in light of market changes imposed on Gofile.

13. Termination

Subscriptions are subscribed for a specific duration. You have the option to extend or not your subscription period according to your preferences. You acknowledge that any termination of your access to the service for non-compliance with your obligations as defined in the T&C may occur without prior notice. You acknowledge and accept that Gofile is entitled, in accordance with T&C and applicable laws, to deactivate or delete your account or any content at any time and without notice. You acknowledge Gofile's right to block and delete any account without activity for more than one year for security and integrity reasons of its information systems. Furthermore, you acknowledge that Gofile cannot be held liable towards you or a third party for such termination.

14. General Provisions

For any exchange of information by email, the date and time recorded on Gofile's server shall be binding between the parties. This information will be retained by Gofile in accordance with applicable laws. All notifications, communications, and demands provided for in the T&C shall be considered as validly delivered if addressed by registered mail with return receipt to: WOJTEK : 78 AV DES CHAMPS ELYSEES 75008 PARIS FRANCE

15. Evidence Convention

The user agrees that files, data, messages, computerized records, and login data recorded in Gofile's computer systems may be used as evidence in the context of the contract.

16. Applicable Law

This contract shall be governed by French law.

Gofile