Terms of Service

These Terms are a legal agreement between you and FilePenguin, a service operated as a sole tradertrading under the name FilePenguin (“FilePenguin”, “we”, “us”). By creating an account or using the service, you agree to these Terms. If you don't agree, don't use the service.

• Service: the FilePenguin platform at filepenguin.app, which lets sellers deliver digital files and template links to buyers via a permanent access page and send update notifications.
• Seller: a registered account holder who uses the Service to deliver digital products.
• Buyer:a person who accesses files or opts in to updates through a Seller's access page.
• Content: files, template links, images, branding, and text a Seller uploads or sets.

You must be at least 18 years old and able to enter a binding contract to use the Service as a Seller. You're responsible for complying with the rules of any marketplace you sell on (including Etsy) and with all laws that apply to you.

You sign in with Google or an email sign-in link. You're responsible for keeping access to your account secure and for activity that happens under it. Tell us promptly at support@filepenguin.app if you think your account has been compromised.

FilePenguin hosts the files and links you upload, generates a permanent, branded access page for each product, lets buyers download or open them, and (where a buyer opts in) emails those buyers when you publish an updated version. We may add, change, or remove features over time.

For details on what data we collect, how we use it, our cookieless analytics, and our error monitoring, see our Privacy Policy.

• You keep all ownership of your Content. You grant us a licence to host, store, process, and deliver it solely to provide the Service to you and your buyers.
• You confirm you own your Content or have all rights needed to upload and distribute it.
• You must not upload or deliver Content that is illegal, infringes someone else's rights, contains malware, or is harmful, deceptive, or abusive.
• You're responsible for your own relationship with your buyers, including any obligations you have to them under consumer or data-protection law.
• FilePenguin is independent and not affiliated with, endorsed by, or sponsored by Etsy, Gumroad, Shopify, or any other marketplace. Marketplace names are trademarks of their owners; we refer to them only to describe where Sellers can use the Service.

Buyers receive access to a Seller's files through the access page. Where a buyer opts in, they receive update notifications and can unsubscribe at any time. The access page's “permanent link” is intended to remain stable, but may change if a Seller deletes a product or closes their account, or if required for legal or security reasons.

You keep the rights to your Content (subject to the licence in section 6). FilePenguin owns the Service itself: the platform, software, design, and brand. Nothing in these Terms transfers our intellectual property to you.

You must not misuse the Service, including by: breaking the law; infringing others' rights; uploading malware; attempting to gain unauthorised access to the Service or other users' data; overloading or disrupting the Service; or using it to send spam.

We may remove Content or suspend or terminate an account if we reasonably believe it breaches these Terms, infringes someone's rights, or is required by law. If you believe Content on the Service infringes your rights, contact support@filepenguin.app with details.

The Service is currently provided free of charge while it is in early access. If we introduce paid plans, we will update these Terms to cover fees, billing, renewals, taxes, refunds, and our payment processor, and we will give you notice before any charge applies to you.

The Service is provided on an “as is” and “as available” basis. It is early-stage software; we don't guarantee it will be uninterrupted, error-free, or that files will be permanently retained, and you should keep your own copies of your Content. To the extent permitted by law, we exclude implied warranties.

Nothing in these Terms limits liability that cannot be limited by law (such as for death or personal injury caused by negligence, or for fraud). Subject to that, and to the fullest extent permitted by law, FilePenguin is not liable for indirect or consequential loss, loss of profits, loss of data, or loss of goodwill, and our total liability to you is limited to £100. Your statutory rights as a consumer, where they apply, are not affected.

You agree to cover our reasonable losses arising from your Content or your misuse of the Service, including third-party claims that your Content infringes their rights, to the extent permitted by law.

You can stop using the Service and close your account at any time. We can suspend or end your access if you breach these Terms. On termination, your Content and account data will be deleted in line with our Privacy Policy.

We may update these Terms from time to time. We'll change the “last updated” date and, for significant changes, take reasonable steps to notify you. Continuing to use the Service after a change means you accept the updated Terms.

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction, except where mandatory local law gives you other rights.

support@filepenguin.app.