Data Safe International Cloud Backup Terms and Conditions
License & Service Agreement
This agreement (the “Agreement”) is a legal agreement between you, either an individual or a single legal entity (“You” or “you” or “your”), and Data Safe International (“Data Safe International”). This Agreement governs your use of the Data Safe International Backup software distributed with this Agreement, including any updates that may be provided to you and any accompanying written documentation (the “Software”) and the Data Safe International service (“Service”). By using Data Safe Internationals’ Services you agree to be bound by these terms and conditions in this document. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Data Safe International and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
General
The Service from Data Safe International includes at least backup and secure storage of closed files, open databases, and entire machines that are supported by Data Safe International and email delivery of reports about the status of the backup, restore, storage consumption and other information related to Data Safe International.
Requirements
An Internet connection is required on the computers running Data Safe International. There is no requirement to the Internet connection, thus it is recommended that you use a DSL/broadband connection with a send/upload speed of at least 1024 Kbit/s (1Mb).
License & Ownership
Data Safe International owns all rights to the backup software and the design and functionality of Data Safe International’s web pages. Included with your subscription are the rights to use Data Safe International’s applications and website and the services offered. Data Safe International only provides services for backup, restoration, and retention of data. The data that you store at Data Safe International belongs to you alone. If Data Safe International is required to disclose data belonging to you by public authorities, this happens without responsibility for Data Safe International. If Data Safe International is required to disclose data, data can only be made available in the encrypted form, as Data Safe International does not hold your encryption keys.
Use of Software
Subject to the terms and conditions of this Agreement, Data Safe International grants you a non-exclusive license to install and execute copies of the Software (in executable code form only) on your company’s and/or customers’ computers and only for the purpose of accessing and using the Service. Certain third party code may be provided with the Software. The third-party license terms accompanying such code, and not the terms of this Section, will govern your use of such code. The Software and its structure, organization, source code, and documentation contain valuable trade secrets of Data Safe International and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the Software and/or Service or any derivative thereof to any third party who is not your customer, (2) modify, adapt, translate, or prepare derivative works from the Software or Service, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or Service, (4) extract portions of the Software’s files for use in other applications, or (5) remove, obscure, or alter Data Safe International’s or any third party’s trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software or Service.
Acceptable Use & Conduct
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Data Safe International and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms. The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. Any unauthorized use of any Data Safe International computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
Intellectual Property
You acknowledge that Data Safe International or third parties own all right, title and interest in and to the Software and Service, portions thereof, or software or content provided through or in conjunction with the Software or Service, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Software and Service are reserved, and no implied licenses are granted by Data Safe International.
Accounts, Passwords, & Security
You will be solely responsible and liable for any activity that occurs under your usage of Data Safe Internationals’ Service. Data Safe International does not compromise when it comes to security. Your files are stored in multiple geographically separate data centers, on redundant servers with a redundant storage system. This is to ensure that your backup is stored not only at one location, but in multiple, with exact copies at each location. All data centers are equipped with at least three levels of physical access control, with alarms, camera surveillance, locked server cabinets, uninterruptible power supplies, diesel powered generators, redundant cooling and redundant Gigabit Internet connections. Before your files are sent to Data Safe International, they are encrypted with 256 bits on your own computer. The encrypted files are then sent to Data Safe International via an encrypted SSL tunnel. This means that your files are encrypted twice during the transfer to Nordic Backup. By default, Data Safe International keeps all cloud backed up and deleted files for twenty eight (28) days. But you can request, to Data Safe International, that any of your backed up data be retained indefinitely.
Operation
Once the Data Safe International software is installed, the backup will be launched at the time schedule you have selected during the configuration. All automatic backups will be monitored by Data Safe International. If a backup is not launched at the specified schedule or there is an error with any particular part of the backup, you will automatically receive an email with a notification regarding the error(s) encountered and whether or not action is required on your part. Many times, errors are self-healing, limiting your exposure. Data Safe International checks the status and logs of your daily backups. You are not responsible for checking the status and logs after each completed backup.
Support
You are eligible to receive support from Data Safe International. Data Safe International will provide different levels of support depending on task or request. You will receive free phone support and free data restores back onto your machines during normal business hours which are 9am-5pm Pacific Standard time Monday–Friday. You will also have access to email support as well. Please keep in mind that there will be an additional fee for after hours or weekend support provided that will be charged at the time of support service.
Uptime
Data Safe International is targeting an uptime above 99.99% of the central server systems. The following events are not included in the calculated uptime: – Planned maintenance – Downtime due to failure of customer equipment or Internet connection
Responsibility
Data Safe International cannot be held liable for any loss/deletion of your data or damage to your computer systems for any reason, you accept this unconditionally by acceptance of this agreement or by use of Data Safe International. Data Safe International stores all data multiple times on highly secured mirrored servers at multiple highly secured sites. The servers are maintained by authorized personnel only and it is therefore considered very unlikely that data loss will occur due to hardware failure, system failure or a complete data center breakdown.
Duration & Termination of Agreement
Data Safe International does not believe in locking our customers into long term contracts. You may terminate this agreement at any time without giving notice. You acknowledge that you will not receive any refunds for any of the unused portions of your services on your account. You will automatically be billed, monthly, for the current rate and any overage charges that may apply. It is your responsibility to cancel your account either by calling us, or sending us an email informing us that you do not wish to continue your services to avoid further charges. You will receive a final notice via email saying the account has been deactivated. Data Safe International also has the right to terminate this agreement immediately if you have a past due balance. If your monthly bill is unpaid by 28 days, your account will be deactivated due to lack of payment and the final account termination notice will be emailed to you. To have your account reactivated, you will be required to pay the past-due balance along with any fees. Regardless of how the agreement is terminated, Data Safe International commits to keeping your encrypted data on our servers for 28 days after contract termination should any data need to be restored. Within the 28 days, you can get access to the stored data, by paying the full due amount up until the current day. Similarly, within the 28 days, you can request, via phone call, that the encrypted data is deleted permanently, with immediate effect. After 28 days, the data will be permanently deleted from our servers. This Agreement automatically terminates if you fail to comply with its terms and conditions. Data Safe International reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. Data Safe International reserves the right to immediately close your account without notice for the following reasons: – You are not in compliance with US laws and regulations – You are violating the intellectual property rights of a third-party – You are backing up illegal material or any data that may contain viruses or malicious codes or files such as corrupted files, worms, Trojan horses This Agreement is effective upon signing up for the Data Safe International services and remains in effect until the users’ account is terminated. You agree that, upon such termination, you will destroy and permanently erase all copies of the Software and that your access rights to the Service will immediately terminate. The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination. If this Agreement terminates, other than for your failure to comply, Data Safe International will use commercially reasonable efforts to make your data available for you to download for a period of three (3) days. Data Safe International has no obligation to provide you with a copy of your Data and may remove and discard any Data.
Privacy & Communications
You acknowledge and agree that Data Safe International may occasionally send you administrative communications regarding your account or the Service via email. Consent to Collect Non-Personal Information; Use of Data The Software and Service may collect certain non-personally identifiable information that resides on your computer, including, without limitation, statistics relating to how often backups are started and completed, performance metrics relating to the Software, and configuration settings. This information collected will be sent to Data Safe International and may be used by Data Safe International without restriction. When you back up data via the Service, you agree that we and our service providers may copy and store such data as part of the Service.
Disclaimer of Warranties
The Software and Service and any third party Software and Services are provided “as is,” with no warranties whatsoever. Data Safe International and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights and any warranties regarding the security, reliability, timeliness, and performance of the Software or Service and such third party Software or Services. You understand and agree that you download and/or use the Software and Service, and all third party Software or Services made available in conjunction with or through the Software or Service, at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the Software or Service and such third party Software and Services. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of Liability
Under no circumstances shall Data Safe International, or its suppliers, resellers, partners or their respective affiliates be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the Software or Service, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Data Safe International has been advised of the possibility of such damages). Without limiting the foregoing, the total aggregate liability of Data Safe International, and its suppliers, resellers, partners and their respective affiliates arising from or related to this agreement shall not exceed the amount, if any, paid by you to Data Safe International for the Software or Services. The foregoing limitations of liability shall apply whether the damages arise from use or misuse of and reliance on the Software or Service, from inability to use the Software or Service, or from the interruption, suspension, or termination of the Software or Service (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental, consequential, or direct damages, so the above limitations and exclusions may not apply to you. You acknowledge and agree that the Software which is the subject of this Agreement, may be controlled for export purposes. You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. If you are located in a country subject to embargo by the United States government, you are not entitled to use the Software or Service. This agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The failure of Data Safe International to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Data Safe International.
-revised June 2024 (c) DSI