Terms of Service

ODI Technologies, Inc. Hosting and Services Agreement

Welcome to ODI Technologies, Inc. This Hosting and Services Agreement (the "Agreement") governs your purchase and use of the services we provide, which are:

• dedicated FileMaker Server hosting;
• shared and dedicated web hosting;
• FileMaker Server licenses that we resell from Claris International Inc. ("Claris");
• custom SSL certificates and the SSL install service;
• domain name registration;
• optional add-ons such as off-site backup and proactive management; and
• the support described in this Agreement,

as described on our website (https://www.oditech.com) and in your order (collectively, the "Services"). FileMaker development and other custom work are provided under a separate written agreement or statement of work.

1. Agreement

By placing an order with ODI Technologies, Inc., accepting this Agreement at checkout (by ticking the box that says you have read and agree to it), or using any of the Services, you agree to the terms of this Agreement. This Agreement takes effect on the earlier of those events.

2. Services

Dedicated FileMaker Server hosting. Each dedicated server is a server dedicated to your account, running FileMaker Server, in the data center you choose when you sign up. Each plan has the resources listed on our website (CPU, memory, storage and network traffic). The number of databases, users and connections shown for each plan are maximums, and the actual capacity depends on hardware, app design, active users, operating system, and license. Every server includes SSL on a *.oditech.com certificate, a firewall, brute-force and denial-of-service monitoring, and automatic point-version FileMaker Server updates at no extra charge.

Web hosting. Shared and dedicated web hosting plans include the resources described on our website.

Add-ons. Off-site backup, proactive management, custom SSL certificates and the SSL install service are available for an additional charge as described on our website and in your order.

3. Charges and Billing

• All payment is in U.S. currency.
• Services are billed monthly, unless you choose annual billing when you order.
• We issue invoices 15 days before the due date.
• Dedicated servers (FileMaker and web) have a one-time $25 setup fee. Shared web hosting has no setup fee.
• FileMaker Server licenses are sold for a term of 1, 2 or 3 years, billed in advance for the full term. Perpetual licenses are available on request. See Section 5.
• Custom SSL certificates, the SSL install service and domain registrations are billed annually, or for several years at once if you order them that way.
• Add-ons are billed together with the service they are added to.
• Prices are exclusive of taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on ODI Technologies, Inc.'s net income.
• Pricing and plan configurations are guaranteed only for the term you have paid for. We may change prices and configurations for later terms, and we will give you at least 30 days' notice before a price change takes effect, unless other terms have been agreed in writing.
• Renewal. Services renew automatically for the same billing period until you cancel as described in Section 11.

4. Late Payments and Suspension

Payment is due on the due date shown on your invoice.

• If payment is not received within thirty (30) days after the due date, we may suspend any and all Services.
• When an account is suspended, we will bill for the Services and charge a late fee of 1.5% of the balance per month or $2.50, whichever is greater.
• If payment has not been received within sixty (60) days after the due date, we will delete all files from our servers and may send the account to a collection agency.
• We charge $25 for each returned payment, wire transfer returned, and credit card chargeback.
• Failure to pay any fees and taxes within thirty (30) days after the due date is a material breach of this Agreement, which allows us to suspend our performance of the Services or terminate this Agreement. You are responsible for any fees associated with reinstatement of Services. Termination does not relieve you from paying past-due fees plus any late fees. If we have to enforce collection, you are liable for the costs, including reasonable attorneys' fees, court costs and collection agency fees.

5. FileMaker Server Licenses

1. Claris license terms apply. We resell FileMaker Server licenses from Claris. Every license is governed by Claris's own license agreement and terms of use, which you must accept and follow. ODITech is not a party to that agreement and cannot change it.
2. Users. A license is sold for a number of users. Claris's license allows a user to connect to the server with FileMaker Pro, FileMaker Go or FileMaker WebDirect. You are responsible for licensing every user who connects to your databases, however they connect. The minimum is 5 users. We sell licenses for 5 to 20 users; for more than 20 users, a site license from Claris may cost less and we will help you with it.
3. Terms. Licenses are sold for 1, 2 or 3 years and are billed in advance. When the term ends the license expires unless it is renewed. When a license expires, Claris automatically disables FileMaker Server. You remain responsible for the charges for your server while its license is expired.
4. Bringing your own license. If you bring your own FileMaker Server license, you confirm that it is valid, that you have the right to install and use it on a server we host, and that its license type allows your intended use. You will give us the serial number and the "licensed to" name at checkout. Some Claris license types (for example, developer or testing subscriptions) are limited by Claris to testing and development and may not be used on a production server. You are responsible for using a license type that allows your use.
5. Other Claris software. FileMaker Pro, FileMaker Go and any other software you use to connect remain subject to Claris's terms.

6. Backups and Snapshots

• Daily backups. We make an automatic backup of your databases every day and keep 7 days of backups on the server.
• Weekly snapshot. We also take a snapshot of the entire server every week and keep the 2 most recent weekly snapshots.
• Off-site backup add-on. If you add off-site backup, we also store a daily backup off-site and keep it for 30 days. When off-site backup is added, the server keeps 3 days of its own backups instead of 7.
• What can be restored. From the on-server backups we can restore anything in the databases folder, which is usually all of your databases and external container files. Off-site backup can restore the same set of files from up to 30 days back. A snapshot can only restore the entire server.
• Restoring yourself. You have access to the database backup folder on your server, so you can restore from the backups that are kept there yourself.
• Restore fees. We do not charge for restoring individual databases or files. If you ask us to restore an entire server from a snapshot and the loss was not caused by us, a restoration fee of $25 may apply. Restoring an entire server can take up to 72 hours.
• Your responsibility. Backups and snapshots are not a guarantee against data loss. You are responsible for keeping your own copies of your data and your solutions from time to time, and for testing that they can be restored.

7. Service Availability and Maintenance

We guarantee that the server itself will be available at least 99% of the time. We do not offer service credits. This does not cover FileMaker Server or your databases being unavailable because of something on your side, such as a crash caused by the design of your solution, scripts or plugins, or because you or your users stopped or restarted FileMaker Server or the database server through the Admin Console. We may perform scheduled maintenance and emergency maintenance, and we post notices on our Announcements page (https://my.oditech.com/announcements) or our network status page. Our Services depend on third-party data centers and networks, and we are not responsible for outages outside our control.

8. Support

Support tickets and email are answered 24 hours a day, every day. Email support@oditech.com, which automatically opens a support ticket. Phone support is available Monday through Saturday, 8 AM to 6 PM Pacific time. We support the servers and Services we provide. We do not provide design or repair of your FileMaker solutions unless you have asked us to under a development agreement or the proactive management plan. Proactive management includes monitoring with automatic restart if the server goes down, third-party FileMaker plugin installs, and major version upgrades (for example from 19 to 20).

9. Customer Data and Responsibilities

• Your data is yours. You own your data and your FileMaker solutions. We do not claim any rights in them. We will access your server only as needed to provide the Services, give support, protect the security of our systems, or comply with the law. See our Privacy Policy.
• Your accounts. You are responsible for the security of your database accounts, passwords and privilege sets, and for what happens under them.
• Your software. You are responsible for any plugins, scripts and other software you or your developers install, and for keeping them lawful and licensed.
• Your content. You are responsible for the content you host and for obeying our Acceptable Use Policy.

10. Acceptable Use

You agree to follow our Acceptable Use Policy (https://www.oditech.com/acceptable-use-policy/). We may suspend or terminate the Services if you violate it, with or without prior notice depending on the seriousness of the violation. If a termination is caused by a violation of the Acceptable Use Policy, no refund of fees paid will be made.

11. Termination, Cancellation and Refund Policy

• By ODITech. We may terminate this Agreement at any time and for any reason by giving you thirty (30) days prior written notice, unless the circumstances in Section 10 apply. If we terminate, we will refund the pro-rata portion of pre-paid fees attributable to Services not yet rendered as of the termination date, unless otherwise stated in this Agreement. Refunds are made by company check (U.S. only) or to your credit card within 30 days.
• By you. You may cancel at any time. When you cancel, you choose whether to cancel immediately or at the end of your current billing cycle. Once an invoice is paid, you keep the service until the end of the period it covers.
• How to cancel. Cancellation must be done in our client area at https://my.oditech.com. Go to "My Services," select the service you wish to cancel, click "View Details," and use the cancel option under "Management Options." There is no other way to cancel. This confirms that an authorized user is cancelling, records the transaction, and confirms that you agree that your data will be deleted. We are happy to help you find the cancel option, but we cannot cancel a service for you by phone or email.
• Your data when you cancel. When you cancel, we delete your databases, website and other data from our servers at the time you chose, either immediately or at the end of your billing cycle. Please download all of your data before then.
• Refunds. There is no money-back guarantee. If you cancel before the end of a period you have already paid for, there is no refund. Setup fees, FileMaker Server licenses once issued, domain registrations and SSL certificates once issued are non-refundable.
• Survival. Section 4 (Late Payments and Suspension), Section 12 (Liability and Obligations on Termination), Section 13 (Intellectual Property Rights), Section 20 (Disclaimer of Warranty and Limitation of Liability) and Section 21 (Governing Law) survive termination of this Agreement.

12. Liability and Obligations on Termination

Should the Agreement expire or be terminated for any reason, ODI Technologies, Inc. will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date and any other amounts owed by you to ODI Technologies, Inc. as provided in this Agreement.

13. Intellectual Property Rights

Material accessible to you through ODI Technologies, Inc.’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use ODI Technologies, Inc. or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the ODI Technologies, Inc. network. If you use a domain name in connection with ODI Technologies, Inc. or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

14. Network Security

Customers may not use ODI Technologies, Inc. network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. ODI Technologies, Inc. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

15. Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

16. Static / Dynamic Content Caching

You expressly grant to ODI Technologies, Inc. a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by ODI Technologies, Inc. under this Agreement and agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.

17. IP Address Ownership

ODI Technologies, Inc. shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by ODI Technologies, Inc. and ODI Technologies, Inc. reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

18. Domain Name Registration

Domain names are registered through eNom. Your registration is governed by eNom's domain registration agreement (https://www.enom.com/terms/agreement.aspx), which you accept when you register.

19. Third-Party Services

Parts of the Services depend on third parties, for example Claris software and licenses, certificate authorities, domain registrars, and the data centers and networks we use. Their terms and availability apply to those parts of the Services, and we are not responsible for their acts or omissions.

20. Disclaimer of Warranty and Limitation of Liability

(a) THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, WHICH ARE HEREBY DISCLAIMED. (b) ODI TECHNOLOGIES, INC. SHALL NOT BE LIABLE FOR (1) ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS OR (2) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) REGARDLESS OF THE FORM OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ODI TECHNOLOGIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ODI TECHNOLOGIES, INC.’S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO ODI TECHNOLOGIES, INC. DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND ABSENT SUCH LIMITATIONS ODI TECHNOLOGIES, INC. WOULD NOT ENTER INTO THIS AGREEMENT.

21. Governing Law

This Agreement shall be governed solely by the laws of the State of Washington, excluding its principles of conflicts of laws. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in Clark County, Washington, and each party hereby submits to the personal jurisdiction of such Courts. Customer may not assign this Agreement without the prior, written permission of ODI Technologies, Inc. Any purported assignment will be void and without any effect. This Agreement may not be modified or amended except in writing, signed by both Parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. Neither Party may waive any right hereunder except expressly and in writing. Any other purported waiver of any such right shall be without any effect. This Agreement is the entire agreement between the Parties with respect to this subject matter, and supersedes all prior and contemporaneous discussions, negotiations, communications and agreements with respect thereto.

22. Changes to this Agreement

We may update this Agreement from time to time. We will post the new version on our website and email the primary address on your account at least 30 days before changes take effect. Your continued use of the Services after that date means you accept the new terms.

23. General

If any part of this Agreement is found unenforceable, the rest remains in effect. Neither of us is responsible for delays or failures caused by events beyond our reasonable control. Notices to us go to billing@oditech.com and to the mailing address on our website; notices to you go to the email address on your account.

Last updated: October 1, 2026