Terms of Use

General Terms

These terms of service (the “Terms of Use”) govern your access to and use of all supportsapiens Internet Limited (“supportsapiens”) services (the “Services”), whether sold to you directly by supportsapiens or through a supportsapiens authorised retail electronic outlet (“a Retail Outlet”). Where the context so permits, the words "we", "our" and "us" refer to supportsapiens, including its successors and assigns. Please read these Terms of Use carefully before using the Services.

1.By using the Services you agree to be bound by these Terms of Use in their entirety for the period of time agreed between the parties, encompassing both the initial billing period agreed at sign-up and such further periods as are renewed automatically (each a “Fixed Contract Period”) in accordance with these Terms of Use.

2.If you are using the Services on behalf of an organisation then you are agreeing to these Terms of Use for that organisation and are warranting that you have the authority to bind that organisation to these Terms of Use. In that case "you" and "your" will refer to that organisation.

3.You may use the Services only in compliance with these Terms of Use. You may use the Services only if you have the power to form a contract with supportsapiens 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.

Activation, Your Files and Privacy

4.By using our Services you provide us with information, files, and folders that you submit to supportsapiens (together, "your files"). You retain full ownership to your files. We don’t claim any ownership of any of your files. These Terms of Use do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.

5.The Services may be activated in one of two ways. You may commence the use of the Services by uploading your files, or in the case of a purchase from a Retail Outlet, if you have not taken steps to activate the Services in the three months after purchase, the Services will be automatically activated without further reference to you. You will be sent an activation email following activation as long as you have provided us with a valid email address.

6.We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing your files at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.

7.Aside from the rare exceptions we identify in the supportsapiens Privacy Policy, no matter how the Services change, we won’t share your content with others, including law enforcement agencies, for any purpose unless you direct us to. How we collect and use your information generally is also explained in the supportsapiens Privacy Policy.

8.You are solely responsible for your conduct, the content of your files, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms of Use.

9.We may choose to review public content for compliance with our community guidelines, but you acknowledge that supportsapiens has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Sharing

10.The Services provide features that allow you to share your files with others or to make your files public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. supportsapiens has no responsibility for that activity.

Modifications

11.We may revise these Terms of Use from time to time and the most current version will always be posted on the supportsapiens website (http://www.supportsapiens.com/tos.php). By continuing to access or use the Services after revisions become effective, you agree to be bound by Terms of Use then prevailing. If you do not agree to the revised Terms of Use, please stop using the Services.

Software and Updates

12.Some of our Services require you to download a client software package ("Software"). supportsapiens hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms of Use in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms of Use. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms of Use.

Account Security

13.You are responsible for safeguarding the password that you use on your supportsapiens account to access the Services (the “Account”) and you agree not to disclose your password to any third party. You are responsible for any activity using your Account, whether or not you authorised that activity. You should immediately notify supportsapiens of any unauthorised use of your Account.

Your General Responsibilities

14.Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. supportsapiens reserves its right to delete files (without notice to you) where it has a reasonable belief that you do not have the right to copy, upload, download or share such files. You, not supportsapiens, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services.

15.You, and not supportsapiens, are responsible for maintaining and protecting all of your files. supportsapiens will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.

16.If your contact information or other information related to your Account, changes, you must notify us promptly and keep your information current.

Limitation of Liability

17. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESSED OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. supportsapiens will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.

18.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL supportsapiens, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT supportsapiens HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR AN AMOUNT GREATER THAN $20 OR THE AMOUNTS PAID BY YOU TO supportsapiens FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Termination

19. You can stop using our Services any time by contacting us in writing at least 1 week prior to the end of the Fixed Contract Period. Fees paid by you to us prior to your decision to stop using our Services will not be refunded to you.

20.    We reserve the right to suspend or terminate the Services at any time, without cause, with or without notice to you. At our sole discretion, we may refund the unused portion of fees for each Fixed Contract Period paid for the Services on a pro-rata basis.

21.    In the event of a material breach by you of these Terms of Use, we retain the right to suspend or terminate these Services to you without any notice to you. If we terminate for a material breach of these Terms of Use, no refund of any fees paid will be offered. It shall constitute a material breach of these Terms of Use if we have a reasonable belief that you:

1.use the Services in any way that would cause us legal liability or be deemed a use for an illegal purpose.

2.use the Services in such a manner that has the effect of disrupting others’ use of the Services;

3.repeatedly or flagrantly violate any of these Terms of Use;

4.act in conflict with a court order, or our providing the Services to you is in breach of a court order;

5.represent a danger to the best interests of other customers or third-parties;

6.exceed your Usage Limit repeatedly, or exceed your Usage Limit on one occasion when that Usage Limit represents the highest available limit;

7.fail to disclose the number of devices on which you are running supportsapiens Backup, be they multidrive devices, network-attached (NAS) hard drives, or external drives (collectively “External Storage Devices”) or otherwise.

8.use the Services in a manner that results in excessive bandwidth usage, as determined by us;

9. directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services or manipulate Services in any manner not specified by us;

10. use the Services to store, backup or distribute material protected by intellectual property rights of a third-party unless you own or have appropriate rights to such material;

11. engage in activity that damages or is likely to damage our tangible or intangible assets; or

12. otherwise act in breach of the terms of our Acceptable Use Policy

22. If we suspend or terminate your use, we will use commercially reasonable efforts to work with you to resolve such issues and re-instate the Services, and failing such resolution, we may be able to help you retrieve your files, however there may be an additional cost to these additional efforts and we will notify you of this fee before commencing same.

Free Trial Period

24. Where Services are offered on a free trial basis, payment will be taken for the first Fixed Contract Period when the free trial period ends, and not when you enter your billing details (which will be required prior to the commencement of the free trial period).

25. The first renewal date for the contract shall be deemed to be the Fixed Contract Period plus the free trial period, thereafter the renewal dates shall occur on the expiry of the applicable Fixed Contract Period.

26. If you wish to cancel your contract during the free trial, known as your “cooling off” right, you may do so by informing us in writing before the end of the free trial period.

27. If you do not cancel your contract prior to the end of the free trial period the fees for the first Fixed Contract Period will become due.

Money Back Guarantee

28.Some Services are advertised as including a “money back guarantee”. To receive a refund of the payment made under the “money back guarantee” you must inform us in writing before the end of the advertised “money back guarantee” period. This period is the period in which you may exercise your right to cooling-off. Failure to inform us of your wish to terminate the agreement for the provision of the Services during this “money back guarantee period” will be regarded as your informed decision not to exercise your cooling-off right. If you do not claim a refund of fees during this period then no refund will be due.

29.The “money back guarantee” is not available in combination with a free trial. If you not invoke your right to cool off during or at the end of the free trial period, then you will be charged for the Services and “no money back guarantee” will be available.

Fees

30. All fees payable by you for the Services shall be in accordance with the scale of fees and rates published from time to time by us on our web site (the “Pricing Structure”), errors and omissions excepted, and shall be due and payable for provision of the Services in advance of each Fixed Contract Period.

31.The Pricing Structure is determined by pre-agreed usage limits with you (“Usage Limit”). We reserve the right to alter the Pricing Structure, including ceasing to offer elements of the Services. The current Pricing Structure will always be posted on our website. By continuing to access or use the Services after alterations to the Pricing Structure become effective by being posted on our website, you agree to be bound by the revised Pricing Structure. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services. You are strongly advised to monitor our website for any alterations of the Pricing Structure.

32. In the event that your actual usage increases so that you exceed your Usage Limit, then we reserve the right charge you for the additional disc space required or to migrate you to a higher Usage Limit (collectively a “Migration”) prior to the end of the Fixed Contract Period, consistent with your increased actual usage. We are not obliged to contact you prior to a Migration, however such Migration is likely to incur additional fees for you under the Pricing Structure. If you do not agree to the Migration decision, you must then notify us that you want to revert to the previous Usage Limit and take the required steps to effect this change. Please note that if your actual usage is such that you exceed the highest available Usage Limit available at that time, then it is possible that no such Migration is possible, and we reserve the right to terminate the Services without notice to you in accordance with condition 20(f) of these Terms of Use.

33. All fees for our Services are due in advance and your contract will not automatically renew on the expiry of the Fixed Contract Period, at which point fees for the following Fixed Contract Period become payable. If you choose to pay by credit or debit card then you authorise supportsapiens to debit your card with the fees due, and to avoid interruptions in the Services caused by rejected credit or debit card charges, supportsapiens reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT supportsapiens IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES. If you wish to cancel your contract with supportsapiens, you must do so in writing at least one week before the expiry of the Fixed Contract Period.

34. All fees paid to us are non-refundable except in circumstances set out in these Terms of Use.

35.You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms of Use.

Intellectual Property

36.Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.

37.The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. These Terms of Use do not grant you any rights to use the supportsapiens trademarks, logos, domain names, or other brand features.

Additional Terms applicable to use of supportsapiens Backup

38.    Some Services, including supportsapiens Backup and supportsapiens Pro Suite (the “Backup Packages”) are sold on condition that the data being backed up is stored on the internal hard drives of devices that are not classified as External Storage Devices (as defined above), and that the number of such devices does not exceed the limits stipulated in the Pricing Structure. In the event that you wish to backup data stored on External Devices, you are required to disclose this to us and pay such additional storage related charges as set out in the Pricing Structure for that Backup Packages.

39.    An upper limit on the number of devices from which backup can be run will be included on each Backup Package. The applicable upper limit will be notified to you at time of Backup Package sale. The upper limit for any single internal or external drive will exclude External Backup Devices, for which the Pricing Structure includes a separate charging methodology. In the event that the number of devices exceeds the applicable limit on the Backup Package sold, supportsapiens reserves the right, but is not under an obligation, to increase the upper limit of your Backup Package without prior notification to you, and increase the charges accordingly.

40. With the exception of our business service, Services that include supportsapiens Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from and ensure that any External Storage Devices are always connected whilst the Software is running. If you delete files from your computer that have been backed up or disconnect External Storage Devices that have been backed up we will remove the corresponding backup from our servers.

41.You must at all times run the Software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. supportsapiens will remove backups for computers that have not connected to the service for 30 days.

42. If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.

Acceptable Use

You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things.

1.Probe, scan, or test the vulnerability of any system or network;

2.Breach or otherwise circumvent any security or authentication measures;

3.Access, tamper with, or use non-public areas of the Services, shared areas of the Services which you have not been invited to, supportsapiens computer systems;

4.  Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services.

5. Plant malware or otherwise use the Services to distribute malware

6.Access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");

7. Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including "spoofing" or "phishing.

8.Publish anything that is fraudulent, misleading, or infringes another's rights; promote or advertise products or Services other than your own without appropriate authorisation.

9.Impersonate or misrepresent your affiliation with any person or entity.

10.Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred.

11.Violate the law in any way, or violate the privacy of others, or defame others.

 

 

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