Terms of Service

In Summary
By purchasing, registering for, or using the “SafeCopy Backup” services (the “Services”) you enter into a contract with SafeCopy Backup and you accept and agree to the following terms (the “Contract”). The Contract shall apply to the supply of the Services, use of the Services after purchase or after registering for limited free use where such offer has been made available.

Terms for the use of SafeCopy Backup Services
1.1 Services

SafeCopy Backup supplies the Services to protect and organize digital data that is available to the subscriber under the Contract. The scope of the Services available to you depends on the offer that you have registered for or purchased.

1.2 Definition of Terms

SafeCopy Backup may be referred to as: “SafeCopy Backup,” “we,” “our,” “company,” or “supplier”. The customer may be referred to as: “you,” “customer,” “client,” “user,” or “subscriber.”

1.3 Effectiveness

If any provisions in this Contract are declared null and void, the other Contract provisions remain fully effective.

2.1 Right to cancel

The duration of the Contract will be included in the confirmation email from SafeCopy Backup. The user has a period of 10 (ten) working days after purchasing the Service to exercise the right to cancel without any explanation, and you will receive a refund for the Service’s fees already paid upon subscription/purchase except that SafeCopy Backup shall retain the amount equivalent to the length of time for which the Services have actually been used prior the cancellation. No reimbursement will be made if voluntary withdrawal takes place after 10 working days from the date the Service was purchased.

2.2 Notification of upcoming expiration

SafeCopy Backup will attempt to notify you of this Contract’s expiration by e-mail. If the subscription is not renewed, the data will be stored in SafeCopy Backup’s servers only for the limited period according to the section 2.3.

2.3 Data recovery in the case of Contract termination or expiration

For 15 (fifteen) days after a Contract has terminated or expired, SafeCopy Backup allows customers to download stored data. If 15 days does not give you sufficient time, you must contact SafeCopy Backup in writing during that period to request other arrangements. If SafeCopy Backup receives a customer’s request in writing within 15 (fifteen) days of termination or expiration, at customer’s expense, SafeCopy Backup may send the data on physical media (such as: hard-disk) via mail or courier.

2.4 Data removal

Customer may request in writing removal of data from SafeCopy Backup storage at any time, and the request will be processed within 7 (seven) working days. If the user does not explicitly request removal, SafeCopy Backup may store the customer’s data exclusively for technical reasons up to a maximum of 90 (ninety) days after expiration of the Contract. SafeCopy Backup will retain customer account information as required for business operations and legal compliance as allowed by applicable laws.

2.5 Termination
SafeCopy Backup may terminate the Contract immediately by written notice if:
i. the customer has violated applicable laws or the allowed use policy under Section 4.3 of this Contract;
ii. the customer has not cured its failure to pay fees or other sums that are owed to SafeCopy Backup under the Contract, or has not cured another breach of this Contract, within ten (10) days of written notice; or
iii. SafeCopy Backup reasonably believes that the customer’s actions may give rise to legal responsibilities for the customer, for other customers, or for SafeCopy Backup.

3.1 Fees

You agree to pay all fees and charges specified on the website when you signed up for the Service. A confirmation email will be sent to you confirming the amounts. All fees are exclusive of applicable taxes. You are solely responsible for the payment of any such taxes that may be imposed on your use of the Service.

3.2 Credit Card Authorization

You may be asked to provide a credit card number from a card issuer to activate and/or pay for any fees related to the Service. Authorization of your credit card account is required prior to verify the credit card is valid and has the necessary credit available. Please contact your card issuer if you have questions.

3.3 Payment Method

SafeCopy Backup or its billing agent will charge the fees you authorize to the credit card account provided by you. You also authorize SafeCopy Backup to automatically continue charging that card (or any replacement card) for all fees or charges for your account including any renewal fees. You authorize the card issuer to pay any amounts described herein and authorize SafeCopy Backup or its billing agent to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. You agree to provide updated information on your credit card upon request and any time the information earlier provided is no longer valid. If payment is not received from your credit card issuer or its agents, you agree to pay all amounts due upon demand by SafeCopy Backup or its billing agent.

3.4 Additional Offerings

A user who is in compliance with this Contract may purchase additional storage space or an extension of the subscription period in accordance with outstanding SafeCopy Backup Service offerings.

4.1 User ID and Password Responsibility

You are solely responsible for any activity which arising from use of the Service based on the User ID and Password that SafeCopy Backup issues to you.

4.2 Notification of unauthorized use

If you become aware of any misuse of your account you must notify info@safecopybackup.com immediately.

4.3 Allowed Use

You shall utilize the Service in compliance with all applicable laws and regulations. Your use of the Services must be in accordance with the following guidelines:
No intellectual property infringement; only use of content that you are authorized to use.
No uploading of malicious code, including without limitation viruses, bots, Trojan horses, worms, etc.
No violations of any applicable laws or regulations.
No business or commercial use.
No reproduction, copying, duplication, selling, reselling, renting or trading the Service (or any part thereof) for any purpose.

4.4 Responsibility for data and data content

You are solely responsible for the data and content stored using the Services. You are responsible for backing up to your own computer and to other devices your documents, images or other data that you store or access via the Services. SafeCopy Backup will not inspect data stored by the User, except as is unavoidable to providing support for the Services as allowed by applicable laws. Therefore SafeCopy Backup is not responsible for any of your violations in how you use the Service. SafeCopy Backup will cooperate with judicial authority that is authorized to inspect the data stored on SafeCopy Backup servers. Any illegal data which may be identified by delegated judicial supervisory authorities may be removed from SafeCopy Backup’s servers. Where your improper use of the Services comes to our attention, in accordance with applicable laws SafeCopy Backup may remove content, suspend or terminate the Services, and/or cooperate with law enforcement authorities.

SafeCopy Backup reserves the right to modify the terms and conditions of the Contract following sixty days notice, or at the time of renewal of the Contract. If the customer does not agree to the modifications, the customer may terminate, and the Contract shall not renew. SafeCopy Backup may also cancel, modify, suspend or terminate the service, fully or in part, by 60 (sixty) days written notice. Where SafeCopy Backup has terminated without cause of User’s breach of Contract, User shall be reimbursed proportionately for pre-paid fees for the cancelled period of Service that will not be provided. The provisions of clause 2.3 above shall apply.

SafeCopy Backup will provide the Service with skill and care, within a reasonable time and anyway no later than 30 days from the purchase or subscription of the Services, and as described in this Contract and on the website. SafeCopy Backup shall endeavor to make the Services available 99% of the time, not including scheduled downtimes and downtimes arising from causes beyond SafeCopy Backup’s control. SafeCopy Backup will inform the user of Service interruptions that are longer than 3 hours through the site and by email for interruptions that are longer than 12 hours. SafeCopy Backup services are supplied “AS IS”. SafeCopy Backup does not guarantee or warrant that any content you may store or access through the Services will not be damaged, corrupted, or lost. We do not warrant that the provision of the Service will be fault free or uninterrupted but will use skill and care to maintain the Service. SafeCopy Backup is not responsible for consequences which may derive from Service interruptions arising from causes beyond SafeCopy Backup’s control. SafeCopy Backup disclaims all representations and warranties to the fullest extent permitted by law. SafeCopy Backup disclaims all implied warranties, including without limitation, implied warranty of merchantability and implied warranty of fitness for a particular purpose. You acknowledge and agree that you are not entering into this Contract in reliance upon other representations and warranties. Nothing in this Contract affects your statutory rights under applicable law.

To the extent provided for by applicable laws, SafeCopy Backup accepts liability for loss or damage to private property, death or personal injury to the extent caused by the Services or caused by the negligence or deliberate misconduct of SafeCopy Backup in accordance with this Section. For cases involving death or personal injury there shall be no limit on liability, but in all other cases, SafeCopy Backup’s liability will be limited to the greater amount of sixty (100) dollars, or the sum of fees paid by the customer over the past 3 (three) years to SafeCopy Backup for the specific user account. User must take reasonable precautions to avoid any loss (such as contacting SafeCopy Backup promptly upon becoming aware of an issue) and by mitigating damages. SafeCopy Backup shall only be liable for reasonably foreseeable losses arising as a direct consequence of breach by SafeCopy Backup of its statutory duty. SafeCopy Backup shall not be liable where the causes of the loss: were not reasonably foreseeable by both parties; were not known by SafeCopy Backup at the time that the Contract was entered into; arose from use of the Services in violation of this Contract, or could have been prevented by user, such as by keeping backup copies.

8.1 License

SafeCopy Backup and/or its licensors own all legal right, title and interest in and to the Service, and any software and documentation provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, wherever in the world. SafeCopy Backup provides you the license to utilize the Software only for the duration and in accordance with this Contract. The Service and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not transfer your license rights in any manner. You may not modify or reverse engineer the Software, or attempt to discover its source code unless expressly permitted by law.

8.2 Updates

As part of the Service, you may from time to time receive updates to the Software from SafeCopy Backup. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that SafeCopy Backup may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.

The User identification data will be utilized exclusively to process this contract. SafeCopy Backup complies with current regulations regarding privacy protection and will not transmit personal data to third parties, except to sub-suppliers or other persons who are involved in providing the service.

To the extent your local law allows, this Contract is governed by current regulations of California, USA. To the extent local law requires, we will not deny you your rights under local law.

You agree to defend, indemnify and hold SafeCopy Backup, its affiliates, subsidiaries, directors, officers, employees, agents, business partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you upload to the Service; (b) your use of the Service; (c) any violation by you of this Contract; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of this Agreement.
You agree to defend, indemnify and hold SafeCopy Backup, its affiliates, subsidiaries, directors, officers, employees, agents, business partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you upload to the Service; (b) your use of the Service; (c) any violation by you of this Contract; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of this Agreement.

The Effective Date of these Service Terms is: April 5, 2015