Fileflare

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Terms of Use

Effective date: 2026-02-06  |  Last revised: 2026-08-28

Fileflare is operated by Kestrel Commerce, LLC, a Delaware limited liability company doing business as Fileflare (“Fileflare,” “we,” “us,” or “our”). These Terms of Use (the “Terms”) are a legal agreement between you and Fileflare covering your use of the Fileflare app, our websites, our API, and the related content and services we provide (together, the “Services”).

By installing Fileflare, creating an account, or using the Services, you agree to these Terms. If you’re agreeing on behalf of a company or other organization, you’re confirming you have the authority to bind it, and “you” means that organization.

Sections 8 (Copyright and takedown requests), 16 (Disclaimers), 17 (Limitation of liability), and 19 (Governing law, venue, and disputes) deserve a careful read. They cover what happens when someone claims your files infringe their rights, what we’re not responsible for, and where disputes get resolved.

The short version

Here’s the gist. It isn’t part of the agreement, and where it differs from the full text below, the full text wins.

  • Your files are yours. We host and deliver them for you, and we don’t claim any rights in them.
  • You’re responsible for what you upload and for having the right to sell it.
  • Fileflare gives you access controls — download limits, IP limits, expiry, watermarking. Those raise the cost of casual sharing. They are not DRM, and we’re clear about that in Section 4.
  • When we handle your customers’ personal information, we’re doing it on your instructions, as your processor.
  • There’s a free plan. Paid plans are billed through Shopify and renew until you cancel.
  • Uninstall and your data is deleted — within the window Shopify’s rules set, which is currently 48 hours from their deletion request.

1. Who can use Fileflare

To use the Services you must be at least 18 years old, able to enter into a binding contract, and not barred from doing so under applicable law. You’ll need an active Shopify store in good standing, since that’s how we deliver most of the Services.

Give us accurate account information and keep it current. You’re responsible for everything that happens under your account, including what your staff, contractors, or collaborators do, and including anything done with an API key issued to you. Keep your credentials and API keys secure, and tell us at support@fileflare.io as soon as you suspect unauthorized access.

2. What Fileflare does

Fileflare delivers digital products for e-commerce stores. You attach files or links to your Shopify products, and when a customer orders, we generate download access, host a branded download page on your domain, and send the delivery email. We also provide storage, access controls, PDF stamping, download analytics, and an API.

The Services are currently distributed and billed through the Shopify App Store. If we make them available through other channels later, these Terms apply there too.

What Fileflare isn’t: we’re not a payment processor, a merchant of record, or a party to the sale between you and your customer. We’re also not a party to any license you grant your customers over the files they buy — those terms are between you and them.

Features labeled beta, preview, or early access are provided as-is, may change or be withdrawn without notice, and sit outside any commitment we make elsewhere in these Terms.

3. Your files and your content

You own your files. Uploading them to Fileflare doesn’t transfer any ownership, and we don’t claim any rights in your content beyond what we need to run the Services for you.

You grant us a limited, non-exclusive, worldwide license to store, copy, transmit, transcode, render, modify (for stamping and format handling), and deliver your files — solely to operate, secure, support, and improve the Services for you and to deliver your files to your customers as you’ve configured. This license ends when your files are deleted.

You warrant that you have the rights. For everything you upload or link, you confirm you own it or have the licenses, rights, consents, and permissions needed to store it with us, sell it, and deliver it to your customers.

PDF stamping. If you enable stamping, you’re instructing us to embed customer information — which can include name, email, phone number, IP address, and billing or shipping address — into the files your customers download. That’s a deliberate choice with privacy consequences. You’re responsible for making sure it’s lawful where you and your customers are, and for disclosing it in your own privacy notice.

Storage and limits. Your plan includes storage and usage allowances described on our pricing page. If you exceed them we may ask you to upgrade, and we may throttle or suspend delivery if usage is disproportionate to your plan or degrades the Services for other merchants. We’ll contact you before doing that unless the situation demands otherwise.

Your own S3 storage. If you connect your own S3-compatible bucket, you keep control of that infrastructure and remain responsible for the files in it, your bucket’s security and configuration, and your costs with that provider. We’re not responsible for loss, unavailability, or exposure caused by your bucket, and our commitments about storage in these Terms don’t extend to it. If we’re notified that infringing or unlawful content is being served through your connected bucket via the Services, we may disconnect the integration or suspend delivery, as described in Sections 8 and 9.

Backups. Keep your own copies of anything you upload. We take reasonable care, but you shouldn’t treat Fileflare as your only copy of a file that matters to you.

4. Access controls are not DRM

Fileflare gives you download limits, unique-IP limits, order expiry, login requirements, fraud blocking, streaming-only mode, and PDF watermarking. These are real and they work — they make casual sharing inconvenient, they attribute a leaked file to a buyer, and they cut off access when you want it cut off.

They are not digital rights management. A determined, technically capable person who has legitimately purchased your file can generally still keep and redistribute it. Streaming-only mode is enforced in the interface, and for most media types the underlying file is reachable by someone who knows where to look. Watermarking deters and identifies; it doesn’t prevent.

We don’t warrant that the Services will prevent unauthorized copying, sharing, or redistribution of your files, and we’re not liable if it happens. If your business model requires true DRM, Fileflare isn’t the right tool.

5. Your customers’ data

Roles. When we handle personal information about your customers — order details, email addresses, download IP addresses, browser information, and anything you stamp into a PDF — we act as a processor (or service provider) on your instructions, and you act as the controller (or business). You’re responsible for having a lawful basis to collect that information and for giving your customers the notices their privacy laws require. When we handle information about you and your own use of the Services, we act as controller, and our Privacy Policy explains how.

Data processing terms. If your use of the Services is subject to the GDPR, the UK GDPR, or a comparable law, our Data Processing Addendum governs our handling of that personal information and is incorporated into these Terms by reference. Request a copy at support@fileflare.io.

Delivery emails. Fileflare sends download delivery, file-replacement, and scheduled-release emails to your customers using templates you control. You’re responsible for the content of those templates. If you configure your own SMTP server or SendGrid account, those messages are sent through your infrastructure and your relationship with that provider governs them.

Aggregated data. We may generate aggregated or de-identified statistics from use of the Services and use them to operate and improve our products. That data doesn’t identify you, your store, your customers, or your files.

6. Acceptable use

We host files for a living, so what you put on our infrastructure matters to us. You agree not to use the Services to store, deliver, or link to:

  • Content that infringes anyone’s copyright, trademark, patent, trade secret, publicity, or privacy rights, including material you don’t hold a license to resell.
  • Child sexual abuse material, or any content that sexualizes minors. We report this to the authorities and terminate the account immediately, without notice.
  • Malware, ransomware, spyware, exploit kits, credential stealers, or anything designed to damage or gain unauthorized access to a system.
  • Content that’s unlawful where you or your customers are, or that promotes or facilitates unlawful activity or violence.
  • Stolen data, leaked databases, harvested credentials, or personal information you have no right to distribute.
  • Content that’s discriminatory, harassing, or designed primarily to promote harm toward a person or group.

You also agree not to:

  • Use Fileflare as general-purpose file hosting, a backup service, or a content delivery network unconnected to selling digital products through your store.
  • Use the Services to send unsolicited bulk email, or to message people who haven’t agreed to hear from you.
  • Circumvent plan limits, share one account across unrelated stores, or misrepresent your usage.
  • Reverse engineer, decompile, or extract the source of the Services, except where that restriction is unenforceable under applicable law.
  • Resell, sublicense, or white-label the Services without our written agreement, or use them to build a competing product.
  • Attack, probe, or overload our infrastructure, or access the Services through automated means in a way that burdens them.

7. How we monitor content

We don’t routinely inspect the contents of your files, and we’d rather not. We’re a delivery service, not an audience.

We may access, review, or scan files when we have a specific reason to: to respond to a copyright or legal complaint, to investigate a suspected violation of Section 6, to comply with a legal obligation, to diagnose a technical problem you’ve asked us to fix, or to protect the security of the Services and other merchants. Automated scanning for malware or known unlawful material may run without a specific trigger.

Where we access your files, we limit it to what the purpose requires, and we’ll tell you when we’ve done it unless a legal obligation or an active investigation prevents us.

We respect intellectual property and we expect our merchants to. We respond to notices of claimed infringement under the Digital Millennium Copyright Act and comparable laws.

Submitting a notice

If you believe material available through the Services infringes your copyright, send a written notice to our designated agent at copyright@fileflare.io, or by mail to the address in Section 22, marked “Attn: DMCA Agent.” Your notice must include:

  1. A physical or electronic signature of the copyright owner or someone authorized to act for them.
  2. Identification of the copyrighted work you say has been infringed.
  3. Identification of the material you say is infringing, with enough detail — a URL, a store, a product — for us to locate it.
  4. Your name, mailing address, telephone number, and email address.
  5. A statement that you have a good-faith belief the use isn’t authorized by the copyright owner, its agent, or the law.
  6. A statement, under penalty of perjury, that the information in your notice is accurate and that you’re the copyright owner or authorized to act for them.

Knowingly misrepresenting that material is infringing can make you liable for damages, including costs and legal fees, under 17 U.S.C. § 512(f).

What we do with it

On receiving a valid notice we may remove or disable access to the material, and we’ll notify the merchant with a copy of the notice.

Counter-notice

If your material was removed and you believe that was a mistake or a misidentification, you can send a counter-notice to copyright@fileflare.io including your signature, identification of the removed material and where it appeared, your name, address, and phone number, a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification, and your consent to the jurisdiction of the federal court for your district (or, if you’re outside the United States, the Eastern District of Pennsylvania) and to accept service from the complaining party.

We’ll forward your counter-notice to the complaining party. If they don’t file a court action seeking to restrain the activity within 10 to 14 business days, we may restore the material.

Repeat infringers

We terminate the accounts of merchants who are repeat infringers, in appropriate circumstances and at our discretion.

9. Suspension and termination

You can terminate these Terms at any time by cancelling your plan and uninstalling the app.

We may suspend or terminate your access if you materially breach these Terms and don’t fix it within 10 days of our notice; if your content or conduct creates a legal, security, or operational risk we need to stop immediately; if you’re a repeat infringer; if you don’t pay; or if we stop offering the Services. For content that’s unlawful on its face, suspension is immediate and without notice.

Where the circumstances allow it, we’ll contact you before acting and give you a chance to fix the problem, because in most cases that’s what everyone wants.

When these Terms end, your license to use the Services ends and Section 10 governs your data. Sections 3, 5, 8, 11, 16, 17, 18, 19, and 20 survive.

10. Cancellation, uninstall, and data deletion

Cancelling takes effect at the end of your current billing period, and we don’t prorate partial periods unless the law requires it.

Uninstalling stops delivery: download pages stop working, delivery emails stop sending, and your customers lose access to their files through Fileflare. Download anything you want to keep before you uninstall.

After uninstall, we delete your data when Shopify sends us the deletion request, within the window Shopify’s requirements set — currently 48 hours. That includes your uploaded files, customer and order data, and download records. We may retain your store URL and records we’re required to keep for legal, accounting, or audit reasons, and backups persist for a limited period before being overwritten. Deletion is permanent and we can’t reverse it, so please export first.

Files in your own connected S3 bucket stay where they are. Deleting them is up to you.

11. Our intellectual property

The Services, and everything in them we created — software, designs, text, graphics, logos, and the Fileflare name and marks — belong to us or our licensors. We grant you a limited, revocable, non-exclusive, non-sublicensable license to access and use the Services for your own business while these Terms are in effect. Nothing else is transferred.

Feedback. If you send us ideas, bug reports, or feature requests, we may use them freely and without obligation. We like getting them and we’d rather not negotiate a license each time.

Your marks. With your agreement, we may identify you as a Fileflare customer and use your store name and logo in our marketing. Withdraw that any time at support@fileflare.io.

12. Fees, billing, and renewal

Plans. Fileflare offers a free plan and paid plans, with current pricing and limits on our pricing page.

How billing works. Fees for paid plans are billed through the channel you obtained the Services from — currently Shopify’s app billing system — and that channel’s billing terms apply alongside these Terms. We don’t collect or store your payment card details, and billing questions about a specific charge are often answered fastest by Shopify.

Automatic renewal. Paid plans renew automatically at the end of each billing period for another period of the same length, at our then-current rates, until you cancel. You can see and manage your app subscription in your Shopify admin.

Free trials. Where we offer a trial, we’ll tell you how long it runs and what happens at the end. Unless you cancel before it expires, the plan converts to paid at the rate shown when you signed up.

Price changes. We may change our prices. If a change affects your plan we’ll give you at least 30 days’ notice, and Shopify will ask you to approve the new charge. Where we retire a plan, we generally keep existing merchants on it rather than moving them, but we can’t promise that indefinitely. If you don’t want to continue at a new price, you can cancel.

Non-payment. If a charge fails or goes unpaid, we may downgrade you to the free plan or suspend paid features until it’s resolved. Where a downgrade would put you over the free plan’s storage limit, we’ll contact you before removing anything.

Refunds. Paid plans are billed in advance and generally non-refundable, but we look at requests case by case and we’d rather be fair than rigid. Write to support@fileflare.io. Where a refund is required by law, you’ll get it.

Taxes. Fees exclude taxes. You’re responsible for any sales, use, VAT, GST, or similar taxes on your purchase, except taxes on our income.

13. Third-party services

Fileflare depends on services we don’t control.

  • Shopify: the Services run as a Shopify app and your relationship with Shopify is governed by Shopify’s terms. Platform changes, API restrictions, or a suspension of your store can affect the Services in ways we can’t prevent.
  • Cloud infrastructure: we use third-party hosting and storage providers to store and deliver your files. Our Data Processing Addendum identifies our sub-processors.
  • Email delivery: we use a third-party provider to send delivery emails, unless you’ve configured your own SMTP or SendGrid credentials, in which case your provider handles them.
  • Your integrations: any other service you connect, including your own S3 bucket, is between you and that provider.

14. Support

We provide support by email at support@fileflare.io, from inside the app, and through the contact options on our website. We aim to respond quickly and usefully, but unless we’ve signed a separate written agreement with you, these Terms don’t include a service level commitment, a guaranteed response time, or guaranteed uptime.

15. Changes to the Services and to these Terms

Changes to the Services. We ship changes continuously, which sometimes means removing things. If we discontinue a feature you’re actively using in a way that materially reduces the Services, we’ll give you reasonable advance notice by email or in the app.

Changes to these Terms. We may update these Terms. For material changes we’ll post the updated version here with a new revision date and notify you by email or in the app at least 30 days before they take effect. Continuing to use the Services after that means you accept them. If you don’t, cancel before they take effect. Non-material changes take effect when posted.

16. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, FILEFLARE AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We don’t warrant that the Services will be uninterrupted, error-free, or secure against every threat; that files will always be available or free from loss or corruption; or that the access controls described in Section 4 will prevent unauthorized copying or sharing of your files. We’re not responsible for outages, data loss, or failures caused by Shopify, your own S3 bucket, your SMTP provider, your theme, other apps on your store, your configuration, or any other third party.

Some jurisdictions don’t allow the exclusion of certain warranties. If you’re in one, some exclusions may not apply to you and you may have rights these Terms can’t take away.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST FILES, OR BUSINESS INTERRUPTION, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, FILEFLARE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limits don’t apply to your obligation to pay fees, your indemnity obligations in Section 18, either party’s liability for fraud or willful misconduct, or any liability that can’t be limited under applicable law.

These limitations are a fundamental part of the bargain between us and apply even if a limited remedy fails of its essential purpose.

18. Indemnification

You agree to defend, indemnify, and hold harmless Fileflare and its officers, members, employees, and agents from any third-party claim, and any resulting losses, damages, and reasonable legal fees, arising out of your files or content, your use of the Services, your breach of these Terms, the products you sell, or your violation of any law or third-party right. This expressly includes claims that your files infringe someone’s intellectual property.

We’ll notify you promptly of any claim, let you control the defense with counsel of your choosing, and cooperate reasonably at your expense. You can’t settle a claim in a way that imposes an obligation or admission on us without our written consent.

19. Governing law, venue, and disputes

Governing law. These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. The internal affairs of Kestrel Commerce, LLC remain governed by Delaware law. The United Nations Convention on Contracts for the International Sale of Goods doesn’t apply.

Talk to us first. If something goes wrong, email support@fileflare.io describing the problem and what you’d like us to do. Both parties agree to try to resolve it informally for 30 days before filing anything. Most disputes end here.

Venue. Any dispute not resolved informally must be brought exclusively in the Court of Common Pleas of Chester County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania. Each party consents to the personal jurisdiction and venue of those courts and waives any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens. Either party may still bring an individual claim in a small claims court with jurisdiction.

No class actions. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one year after it arises, or it’s permanently barred.

Jury waiver. To the extent permitted by applicable law, each party waives the right to a trial by jury in any action arising out of or relating to these Terms.

Injunctive relief. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information, without first completing the informal process above.

Your local rights. Nothing in this section deprives you of the protection of any mandatory consumer protection or data protection law of your country or state of residence that can’t be waived by agreement.

20. General

Entire agreement. These Terms, with our Privacy Policy, Cookie Policy, and any Data Processing Addendum between us, are the entire agreement about the Services and replace any earlier agreement on the subject.

Severability. If a provision is held unenforceable, it will be modified to reflect the parties’ intent as closely as possible and the rest stays in effect.

No waiver. If we don’t enforce a provision, that isn’t a waiver of our right to enforce it later.

Assignment. You may assign these Terms to a successor to your business that agrees to be bound by them, on written notice to us. We may assign in connection with a merger, acquisition, or sale of assets. Any other assignment is void.

Independent contractors. These Terms don’t create a partnership, joint venture, employment, or agency relationship.

Notices. We’ll send notices to the email address on your account or display them in the app. Send notices to us at support@fileflare.io or the mailing address below.

Force majeure. Neither party is liable for a delay or failure caused by something outside its reasonable control, including natural disasters, war, civil unrest, labor disputes, internet or utility failures, or acts of government.

Export and sanctions. You represent that you’re not located in, and not a national or resident of, a country subject to comprehensive U.S. sanctions, and that you’re not on any U.S. government restricted party list. You agree to comply with applicable export control and sanctions laws.

U.S. government end users. The Services are a “commercial item” as defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation.” Government end users acquire only the rights set out in these Terms.

Translation. These Terms were written in U.S. English. If we translate them and the versions conflict, the English version controls.

21. Contact us

Questions about these Terms are welcome. Email support@fileflare.io, or write to us:

Kestrel Commerce, LLC d/b/a Fileflare
1111B S Governors Ave, Suite 3239
Dover, DE 19904
United States

For copyright notices, use copyright@fileflare.io or mark your letter “Attn: DMCA Agent.”