Terms of Service
In Summary
The data belongs to the client. We allow no one else to access it.
We have the utmost commitment to not lose even one file, but do not give any guarantee or indemnification.
Terms and Conditions
1. Caution
The current contract describes the terms and conditions with which SafeCopy Backup offers its services to the Customer. By purchasing and using the SafeCopy Backup service (software-as-a-service), the Customer agrees to respect the following terms and conditions.
2. SafeCopy Backup Service
Under the terms and conditions of this contract SafeCopy Backup offers a service to the Customer.
3. Definition of Terms
We refer to SafeCopy Backup by these terms: “SafeCopy Backup” , “We” , “Our” , “Company” . We refer to the Customer by these terms: “Customer” , “Subscriber” , “User” .
4. Property and Copyright
The Customer acknowledges that all materials (except those which are loaded by Users) provided by SafeCopy Backup on its website, including but not limited to and non-exhaustively: information, documents, products, logos, graphics, sounds, graphic interfaces, software and services, belong to SafeCopy Backup and may not be reproduced without SafeCopy Backup’s consent.
5. Customer Information
The Customer declares and guarantees that the information entered into the documents, contracts and modules provided by SafeCopy Backup, is factual, accurate, current and complete. If the information entered does not comply with any one of these criteria, SafeCopy Backup has the right to suspend and/or terminate the customer account and this contract.
6. Customer Data
The Customer is solely responsible for data stored on the SafeCopy Backup server. The Customer can monitor data through the “Control Panel” of the SafeCopy Backup service. The Customer has full responsibility for the storage of personal data and sole responsibility for any loss and irrecoverability of the data. The Customer, moreover, agrees to store data in full compliance with legal obligations. SafeCopy Backup will delete Customer data at the end of the contract.
SafeCopy Backup can store Customer data on its server without obligation or responsibility to the Customer.
If a representative of the Customer, in possession of a letter signed and certified by the contract subscriber, requests access to the Customer data, the Company will provide it. The letter must contain or be accompanied by certification of authenticity, authority and responsibility as required by SafeCopy Backup at its discretion. The Customer agrees that SafeCopy Backup relies on this letter and the apparent authority to request access to the service or to the Customer account. In no case is SafeCopy Backup responsible to the Customer or to a third party for having accepted such a letter or apparent authority.
7. Customer Account
Authorized User
The Customer can designate alternate persons to act as their representatives to use the services, provided that the authorized person has the legal capacity to sign contracts. The Customer furthermore declares and guarantees that persons who register an account in the Customer’s name are legally authorized representatives of the Customer.
Responsibility for Access
The Customer is solely responsible for the access and use of the SafeCopy Backup service on the part of a User authorized on the Customer’s account, as long as such access or use is not a consequence of negligence on the part of the Company. It is the responsibility of the Customer to arrange access for authorized Users.
Responsibility for User ID and Password
The Customer is solely responsible for the identification data (User ID and Password) required to use our services and is responsible for activities arising from its use.
Notification of Unauthorized Use
The Customer, on becoming aware of any abuse of their account and the SafeCopy Backup services that they are subscribed to, must notify SafeCopy Backup immediately.
8. Acceptable Use, Customer Conduct and SafeCopy Backup Policy
The Customer commits themself to not use the SafeCopy Backup services to violate SafeCopy Backup policy regarding privacy and security.
Obscene and/or Illegal Content
The Customer commits themself to not use the SafeCopy Backup services to distribute defamatory content, or harmful to human dignity in matters of freedom of religion, racism, terrorism and/or that which represents torture, violence or death. To not distribute content that may be harmful to the welfare of minors. To not distribute content that represents violation of patents, registered trade marks, copyright and commercial secrets. To not distribute illegal and/or obscene materials or those which promote illegal activity or instigate hate, including but not limited to and non-exhaustively: Arms trade and gambling. Upon discovery of such abuse SafeCopy Backup will suspend your service and collaborate with court authorities and law enforcement.
Negligent Conduct
The Customer commits themself to not permit or commit negligent actions that can result in a civil legal action.
Access Interference
Violation of or intent to violate the SafeCopy Backup system and/or intent to interrupt services will be subject to legal prosecution.
9. Guarantee
The Customer expressly understands and agrees that:
>a. Use of the services on the part of the User is solely at their own risk. The SafeCopy Backup services are provided “as-is”. SafeCopy Backup and its providers do not acknowledge any guarantee regarding the accuracy, reliability, completeness, or timeliness of their services, software or content.
>b. SafeCopy Backup does not provide any guarantee that:
>i. The Service responds to the needs of the Customer;
>ii. The Service will not be interrupted and be timely, secure or error-free;
>iii. The results coming from the server are accurate and reliable;
>iv. The quality of service meets the expectations of the Customer;
>v. Potential software errors will be corrected.
>c. No advisement or information whether oral or written, obtained from our Company, constitutes guarantee.
10. Law Enforcement
SafeCopy Backup may disclose personal data to third parties, with or without notice, (a) where required by law, (b) to protect and defend the rights of SafeCopy Backup or to enforce the SafeCopy Backup Terms of Service.
11. Limitations of Responsibility and Indemnification
The use of SafeCopy Backup is at the sole risk of the Customer. In the event that the client is not satisfied with any aspect of the Service or of the Terms and Conditions presented, or with any other rule or policy, the only remedy is to stop using the service. The Client is expressly understands and agrees that SafeCopy Backup will not be held responsible in any manner for direct or indirect damage, incidental, unique or indicative of potential damage. The Customer agrees to indemnify, defend and hold harmless SafeCopy Backup, its affiliates, officers, employees, partners, directors and agents from any claim.
12. Amendments to the Contract and Terms of Service
SafeCopy Backup reserves the right to modify, at any time and without notice, the terms and conditions of the contract and of the service. In addition the Company reserves the right to cease, modify, suspend, or terminate the service completely or in part providing a reasonable attempt and time frame for such notification.
The Customer acknowledges the possibility of the Company establishing general use lines that could limit any of the service components. Moreover, the Customer acknowledges the possibility of SafeCopy Backup charging subscription fees at any time without notice. Such modifications will take effect upon expiration of the existing Customer subscription.
13. Resolution
SafeCopy Backup can immediately issue a warning, suspend the service, temporarily or permanently, close the Customer account and refuse to provide service to the Customer if:
>a. SafeCopy Backup believes that the Customer has violated or acted in a manner inconsistent with the current contract or with one of the policies that involve signing;
>b. The Customer has not paid the fees or other amounts due to the Company;
>c. SafeCopy Backup is unable to verify or authenticate any information provided by the Customer to the Company;
>d. SafeCopy Backup believes that the actions of the Customer might cause legal repercussions for the Customer, for other Customers, or for SafeCopy Backup.
The Customer agrees that SafeCopy Backup will not be held responsible to the Customer or to a third party for any cancellation of access to the service.
On the termination of this contract on the part of SafeCopy Backup or of the Customer, all rights of the Customer, accorded by the subscription, including the services provided by SafeCopy Backup, cease with immediate effect.
The sections concerning Customer Data, Guarantee, Limitations of Responsibility and Indemnification and the current section, Resolution, survive the termination of this contract.
