Terms of Service

If you are entering into this Agreement on behalf of a company or other legal entity, you confirm that you have the authority to bind such entity to this Agreement. In such cases, "Customer," "you," "your," or "yours" refer to the entity you represent.

We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://backup.space/legal/terms

1. Definitions

Customer refers to any individual or legal entity subscribing to and using Backup Space, responsible for making payments for the Services.

Subscription denotes the specific terms under which a Customer accesses Backup Space in exchange for a fee, valid for a defined period and within specified usage limits.

Services encompass all Backup Space products, solutions, and software designed to back up and manage data from cloud platforms such as Google Workspace.

Subscription Term represents the duration during which you have access to the Services as defined in your Order Form.

Content includes all electronic data and information uploaded, backed up, or managed through Backup Space.

User designates employees, agents, contractors, or other authorized individuals who are permitted to use Backup Space on behalf of the Customer.

Reseller refers to an authorized partner that sells Backup Space Services on our behalf.

Order Form is the document or online agreement specifying the Services purchased, signed between you and us, or through a Reseller.

2. Our Responsibilities

2.1. Service Provision

We commit to:

• Delivering the Services in compliance with applicable Swiss laws and regulations.
• Providing customer support for the Services.
• Making reasonable efforts to maintain 24/7 availability, with exceptions for planned maintenance or force majeure events beyond our control.

2.2. Protection of Customer Data

We implement industry-standard security measures to safeguard the confidentiality, integrity, and availability of your data. Our safeguards include:

Preventing unauthorized access, modification, or sharing of your data except when:

• Required for service functionality.
• Permitted under our Privacy Policy.
• Explicitly authorized by you in writing.

3. Use of Services

3.1. Customer Obligations

As a Customer, you agree not to:

• Access Backup Space for competitive analysis or benchmarking purposes.
• Reverse-engineer, replicate, distribute, or modify any proprietary features of the Services.
• Upload or transmit unlawful, harmful, or offensive content.
• Use the Services for illegal or fraudulent activities.
• Share unauthorized access with third parties.
• Resell, lease, or sublicense the Services without explicit authorization.

3.2. Free Trial

If a free trial is available, your access will be granted until:

• The trial period expires.
• You opt for a paid Subscription.
• We terminate the trial at our discretion.

Data from the trial will be permanently deleted unless you upgrade to a Subscription. The free trial is offered "as-is" with no warranties or guarantees.

3.3. Free Tier

If a free tier is available, the latter is provided on an "as-is" basis without warranties or guarantees of any kind. We reserve the right to modify, restrict, or terminate the free tier plan at any time.

4. Fees and Payment

4.1. Subscription Fees

• All pricing and usage limits are defined in our public pricing page or your Order Form.
• Fees must be paid according to the agreed schedule.
• Payments must be made via accepted methods (e.g., credit card, wire transfer).

4.2. Taxes

Subscription fees exclude taxes unless stated otherwise. You are responsible for applicable VAT, sales taxes, or other duties related to your Subscription.

4.3. Reseller Agreements

If you purchase Services via a Reseller, payment terms and conditions will be governed by your agreement with them. Backup Space reserves the right to suspend Services in the event of non-payment by the Reseller.

5. Term and Termination

5.1. Agreement Duration

This Agreement remains in force until all Subscription Terms expire or are terminated.

5.2. Termination and Refunds

• Either party may terminate this Agreement in case of a material breach.
• Prepaid fees for unused Services may be refunded upon termination.
• Upon termination, your data will be permanently deleted.

6. Intellectual Property and Content Rights

• We retain all intellectual property rights related to the Services.
• You retain ownership of your data.
• You grant us a limited license to use your data strictly for delivering the Services.
• Feedback provided by you may be used for improving our Services.

7. Liability and Limitations

• Neither party is liable for indirect or consequential damages.
• Our maximum liability is limited to the fees paid in the last 12 months.
• Unlimited liability applies in cases of gross negligence or willful misconduct.

8. Data Protection and Confidentiality

8.1. Confidentiality

• Both parties must protect confidential information and only use it for agreed purposes.
• Confidentiality obligations continue after termination of this Agreement.

8.2. Compliance with Data Protection Laws

• We comply with Swiss data protection laws, GDPR, and CCPA.
• Data Processing Agreements may be required where applicable.

9. Governing Law and Jurisdiction

This Agreement is governed by Swiss law, with disputes resolved in Geneva, Switzerland.

10. Miscellaneous Provisions

• Export Compliance: Services are subject to Swiss and international export regulations.
• Entire Agreement: This Agreement, including Order Forms, constitutes the entire agreement.
• Assignment: Neither party may transfer rights without written consent.
• Third-Party Beneficiaries: Except for licensors, there are no third-party beneficiaries.
• Force Majeure: Neither party is liable for disruptions caused by unforeseen circumstances.

By using Backup Space, you confirm your acceptance of these terms. For any inquiries, contact [email protected].