Terms of Service

BackupShop.io, a service provided by CloudifyApps OPC Private Limited (referred to as “BackupShop.io,” "CloudifyApps OPC Private Limited," "CloudifyApps (OPC) Private Limited," "CloudifyApps," "CloudifyApps Private Limited," “we,” “us,” or “our”), is incorporated under the laws of India, with its registered office in Kolkata, agrees to furnish services to the Subscriber (the “Subscriber,” “you,” or “your”), subject to the following Terms of Service. Use of BackupShop.io’s service constitutes acceptance and agreement to BackupShop.io’s Terms of Service.

BackupShop.io reserves the right to modify the Terms of Service without notice.

Use of Services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of India or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify BackupShop.io of any unauthorized use of your account or any other breach of security. BackupShop.io will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Acceptable Conduct

You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using BackupShop.io. You will not engage in any activity that interferes with or disrupts BackupShop.io’s services or networks connected to BackupShop.io.

Invoicing and Payment

You agree that BackupShop.io shall be permitted to charge your credit card on a monthly, annual, or other agreed-upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectible by BackupShop.io may be turned over to an outside collection agency for collection.

You are aware that BackupShop.io may prospectively change the specified rates and charges from time to time.

BackupShop.io is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by BackupShop.io. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when the customer retains any active service.

Billing for our payment programs is ongoing until terminated by you at least 14 days before the next billing cycle. Upon such termination, the services purchased will be available to you until the end of the current cycle. Amounts paid to us are not refundable, unless required by mandatory law. Fees are subject to change on 30 days’ notice. If we are unable to charge our fees through your approved payment means, we may, in addition to other remedies, terminate the services granted to you.

Support Boundaries

BackupShop.io provides technical support to our subscribers via our e-mail support system. The following are our guidelines when providing support: BackupShop.io provides support related to your BackupShop.io created virtual server physically functioning. BackupShop.io does not offer technical support for application-specific issues such as application configuration, programming, web or mail server configuration, or any other such issue. BackupShop.io does not provide technical support to your customers.

Account Cancellation or Suspension

BackupShop.io reserves the right to suspend network access to any customer if, in the judgment of the BackupShop.io network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which BackupShop.io chooses. BackupShop.io will use reasonable care in notifying the customer and in resolving the problem in a method resulting in the least amount of service interference. BackupShop.io reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

If at any time it becomes necessary for BackupShop.io to cancel a customer's service without cause, BackupShop.io will provide 10 days' advance notice.

You may cancel the service at any time by using the "Cancel Subscription" link located on the "My Account" sub-tab of the BackupShop.io web application. Cancellation of service does not relieve the subscriber of responsibility for the payment of all accrued charges.

Disclosure to Law Enforcement

The Terms of Service specifically prohibit the use of our service for illegal activities. Therefore, the subscriber agrees that BackupShop.io may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court that sends us a valid Court Order, without further consent or notification to the subscriber. In addition, BackupShop.io shall have the right to terminate all service set forth in this Agreement.

Backup

The subscriber is solely responsible for the preservation of the subscriber's data which the subscriber saves onto its virtual server (the “Data”). Backup created by BackupShop.io should be downloaded and stored safely in your own infrastructure such as a computer, laptop, server, pendrive, hard drive, or other storage mediums. You should also check the integrity of the backup. BackupShop.io will not be responsible for any data that may be lost.

Copyright Infringement

You agree to report any copyright violations to BackupShop.io as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Service, please notify us as soon as possible at: [email protected].

Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which subscribers gain access to the services; what content you access via the services; or how you may interpret or use the content.

You release us from all liability for you having acquired or not acquired content through the services. We make no representations concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the services.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE-MONTH PERIOD, EVEN IF BACKUPSHOP.IO HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT BACKUPSHOP.IO WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST BACKUPSHOP.IO ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF BACKUPSHOP.IO’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

Indemnity

BackupShop.io wishes to emphasize that in agreeing to the BackupShop.io Terms of Service, the customer indemnifies BackupShop.io for any violation of the Terms of Service that results in loss to BackupShop.io or the bringing of any claim against BackupShop.io by any third party. This means that if BackupShop.io is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against BackupShop.io, plus all costs and reasonable attorney's fees.

Notice

You agree that BackupShop.io may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on BackupShop.io services. Correspondence should be sent to [email protected].

Entire Agreement

The Terms of Service (including any policies, guidelines, or amendments that may be presented to you from time to time) constitute the entire agreement between you and BackupShop.io and govern your use of BackupShop.io services, superseding any prior agreements between you and BackupShop.io for the use of BackupShop.io services.

Waiver and Severability of Terms

The failure of BackupShop.io to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of BackupShop.io services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.