Terms of service — Egnyte

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• Entity Report an error

  “Egnyte, Inc., a Delaware corporation, located at 1350 W. Middlefield Road, Mountain View, California 94043”

• Terms version Report an error

  “(Last revision – July 2026)”

• Ssr18 reports Report an error

  “On an annual basis and upon Customer’s written request, Egnyte will provide Customer with relevant Services-related SSAE18 reports.”

• Baa Report an error

  “Customer agrees not to upload any personal health information (“PHI Data”) to the Services unless Customer and Egnyte have executed Egnyte’s Business Associate Agreement (“BAA”)”

• SLA link Report an error

  “Egnyte shall make best efforts to meet the requirements in the Service Level Agreement (“SLA”) at the following link: https://www.egnyte.com/service-level-agreement/10-2022.”

• SLA minimum spend Report an error

  “This subsection shall not apply to any Customers spending less than $12,000 in subscription fees per year.”

• Docs Report an error

  “written materials describing the functionality and operation of the Services that Egnyte makes available to customers, including material at https://helpdesk.egnyte.com/hc/en-us”

• Channels Report an error

  “Egnyte will provide support for the Services as described in the applicable Order Form (“Support”).”

• User types Report an error

  ““User” means: an individual authorized by Customer to be a Power User or a Standard User under the Services”

• Power user scope Report an error

  ““Power User” means an employee, consultant, or individual contractor of Customer or an employee, consultant, or individual contractor of any affiliated entity to Customer.”

• Standard user scope Report an error

  ““Standard User”, also referred to as an “External User”, means an individual other than a Power User (including, without limitation, individuals employed or engaged by Customer’s suppliers or customers).”

• Administrator requirement Report an error

  “Egnyte does not maintain administrative rights over Accounts. Customer must maintain at least one active Administrator.”

• Beta services warranty Report an error

  “Beta Services are provided “as-is” without warranty of any kind and are excluded from any service level commitments and support obligations.”

• Professional services Report an error

  “Such services may include a rollout plan, project management, data and permissions migration, integrations, and customizations, all as described in a mutually agreed Statement of Work (“SOW”)”

• App store Report an error

  “Access to such third-party content may be facilitated by Egnyte through its online app store.”

• Non refundable Report an error

  “Except as otherwise stated in this Agreement, fees are non-refundable.”

• Overconsumption Report an error

  “If Customer upgrades or expands consumption of Services (for example, to obtain additional storage, User access, or additional features and functionality), Customer agrees to pay for such overconsumption for the remainder of the Subscription Term at the pricing specified for ordering additional Services in the applicable Order Form”

• Increase notice Report an error

  “Egnyte shall provide Customer with at least forty-five days’ advance written notice (via email) of such prospective increase in pricing if not already defined on an Order Form.”

• Late fee Report an error

  “past due amounts not subject to a reasonable dispute may accrue a late fee equal to 1.5% per month or the maximum amount allowed by applicable law, whichever is less.”

• Taxes Report an error

  “Fees are exclusive of Taxes, and Customer shall pay or reimburse Egnyte for all Taxes arising out of this Agreement.”

• Deletion after termination Report an error

  “Within ninety days of any termination of this Agreement, Egnyte shall destroy all copies of Content that remain within Egnyte’s Services infrastructure.”

• Backup Report an error

  “Customer is responsible for maintaining appropriate backup copies of its Content.”

• Ownership Report an error

  “As between Egnyte and Customer, Customer or its licensors own all right, title, and interest in and to the Content.”

• Resale prohibited Report an error

  “For clarity, the Services are not for resale.”

• Term auto renewal Report an error

  “Upon expiration of the initial Subscription Term of an Order Form, the Order Form shall automatically renew as described therein unless either party elects to terminate this Agreement by giving the other party at least thirty (30) days’ written notice prior to the end of the then-current Subscription Term”

• Governing law Report an error

  “This Agreement will be construed and enforced in all respects in accordance with the laws of the State of Delaware”

• Liability cap Report an error

  “neither party's aggregate liability arising out of or related to this Agreement (whether in contract or tort or under any other theory of liability) shall exceed the cumulative fees paid or payable by Customer under this Agreement during the twelve months preceding the incident giving rise to liability.”

• Age restriction Report an error

  “Individuals under the age of thirteen may not use the Services.”

• Confidentiality ssaereports Report an error

  “Customer acknowledges and agrees that all SSAE18-related reports constitute Confidential Information of Egnyte or its providers.”

• Phid data baa obligation Report an error

  “Unless a BAA is in place, Egnyte will have no elevated HIPAA-related obligations to Customer under this Agreement regarding PHI Data.”

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