Terms of Service for Data Backup and Recovery
Your Account
You must create an AFD account that is protected by a username and password (Your “Account”). You agree to provide AFD with accurate and complete information when You register for an Account. You agree to keep Your password and other Account details secret, and not share them with anyone else, in order to prevent unauthorized access to Your Account. If Your contact information or other Account information changes, You must update Your Account details promptly. After You create an Account, the Services can begin to upload, download and access content and materials for which You have a legal right to copy, publish, share, store, or otherwise use (Your “User Data”).
If You subscribed to the Services through a legal entity such as Your business, or through a AFD authorized reseller, You acknowledge and agree that other users may have been designated to access, control or manage Your Account and Your User Data. You, not AFD, are solely responsible for Your Account and User Data. AFD is not liable for any loss or damage arising from any access to, sharing or use of, Your Account and User Data. If You believe there has been unauthorized access to Your Account or Your User Data, You must notify service@afdaniel.com immediately.
AFD takes Your right to privacy and the security of Your Account and User Data seriously. AFD’s Privacy Policy can be accessed by navigating to the Privacy Policy link at https://www.afdaniel.com/terms
Your Subscription
To ensure there is no disruption in Your Service, Your subscription will automatically renew and AFD will charge the then-current renewal fees to the credit card associated with Your Account, unless You cancel Your subscription. If You cancel Your subscription, AFD is not obligated to refund subscription charges already paid. Your subscription will automatically terminate or expire, and Your account will be disabled, upon the earliest of (1) non-renewal, cancellation or expiration of a subscription or failure to pay subscription fees when due, if applicable, (2) AFD’s discontinuation of the Services, or (3) failure to comply with these Terms. You acknowledge and agree that after non-renewal, cancellation or expiration of Your subscription, AFD’s policy is to automatically delete all User Data protected by Your Account that is stored on AFD servers or on AFD’s third-party cloud storage providers.
Free Services.
AFD may offer free Services. Free Services require an active Account and may be subject to certain usage limits, which are explained in the documentation for each free Service. Free Services associated with Your Account that remain inactive for a period of fifteen days may be removed and Your User Data deleted. AFD may discontinue free Services at any time and from time-to-time, at which point Your access to the free Service will end and any User Data will be deleted.
Beta Services.
AFD may designate certain enhancements or new features of the AFD Services as “Beta Services.” Beta Services are not intended for use in a production environment. You acknowledge and agree that the Beta Services (1) are experimental in nature, have not been fully tested and may be discontinued at any time, (2) may not meet Your requirements or perform as intended, (3) may not be uninterrupted, error free or free of faults, (4) are for the sole purpose of evaluating and testing the service and providing feedback to AFD, and (5) You shall inform Your employees and other users regarding the nature of Beta Services. You acknowledge and agree that the Beta Services are subject to the above conditions and expectations of performance and reliability, and shall be subject to these Terms.
Your Conduct
Compliance with Law
You are solely responsible for ensuring that as a subscriber of the Services, You are in compliance with all applicable federal, state and local laws, foreign laws, rules and regulations. You shall be solely responsible for Your User Data. AFD does not endorse and has no control over the content of User Data submitted by You or other users. AFD assumes no responsibility whatsoever in connection with or arising from User Data or for actively monitoring User Data for inappropriate or illegal content. In addition, the Services may use data received or obtained from Your device to determine Your location (“Location Data”). By subscribing to the Services, You hereby consent and permit AFD to use Location Data in order to provide the Services to You. AFD does not make any representation, warranty or guarantee of accuracy, completeness or timeliness with respect to any Location Data.
You shall defend, indemnify and hold AFD, its officers, directors, shareholders, affiliates, suppliers and licensors, harmless from and against any and all damages, fines, penalties, assessments, liabilities, losses, costs and expenses (including attorneys’ fees, expert fees and out-of-pocket expenses) in connection with Your subscription to the Services, Your violation of these Terms, any violation of the rights of any other person or entity by You, including any intellectual property rights, any misuse or fraudulent use of credit and debit cards, any claims that the Services were exported by You in violation of applicable laws, rules and regulations, including but not limited to, any claim that Your User Data, or Location Data is illegal.
Your Conduct
AFD may, immediately and without notice to You, terminate Your Account and cease providing the Services to you if You (1) harm, disrupt or otherwise engage in activity that diminishes AFD’s brand, Services, computer system or network, (2) misrepresent Your identity, impersonate any person or attempt to gain access to or illegally track any Account, computers or networks related to the Services, without authorization, (3) manipulate a Service in any manner not specified by AFD, (4) interfere with AFD’s policy with respect to excessive bandwidth usage, as determined by AFD, (5) store, backup or distribute any illegal or unauthorized files or data, or material protected by intellectual property rights of a third-party unless You own or have appropriate rights to such material, (6) store, backup or distribute material that contains viruses, Trojan horses, worms, corrupted files or any other similar material that may damage the operation of the Services or another person’s Device, data or property, (7) directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services, (8) assign, rent, loan or otherwise transfer the Services, or (9) remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) received in the provision of the Services.
AFD Property
Your subscription to the Services is subject to your compliance with the then-current documentation and customer support available at AFD’s websites or as specified in other documentation provided by AFD or an authorized reseller. As a subscriber, AFD will make the AFD website and Services available to you on a non-exclusive, non-transferable, limited and revocable basis. You acknowledge that AFD or third parties own all right, title and interest in and to the Services, including any systems or processes used exclusively by AFD to provide you the Services, all copies thereof and all proprietary rights therein, including copyrights, patents, trademarks, logos, domain names or other brand features of AFD. The Services may contain, or AFD may provide to You, third-party components, or You may obtain third-party components from third parties directly (the “Third-Party Components”), and You acknowledge that terms accompanying such Third-Party Components will govern their use. For a list of open source Third-Party Components contained in the Services, please contact service@afdaniel.com. You may provide feedback to AFD with respect to the Services and AFD may use feedback for any purpose without obligation of any kind. To the extent permission is required under Your intellectual property rights to make use of the feedback, You hereby grant AFD an irrevocable, non-exclusive, perpetual, royalty-free right to use your feedback in connection with AFD’s business, including enhancement of the Services.
AFD may discontinue, suspend or modify the Services, any feature included in the Services, or the availability of the Services on any particular Device at any time and without notice to You. If any third-party makes an intellectual property infringement claim relating to the Services, AFD reserves the right to immediately terminate Your subscription. While not obligated to do so, AFD will endeavor to communicate any such actions to You by providing electronic notice to You or by posting relevant information to the AFD website.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR SUBSCRIPTION TO THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICE, OR THE LOSS OF YOUR USER DATA. DEPENDING ON THE SERVICES YOU CHOOSE TO UTILIZE, YOUR USER DATA MAY NOT BE AVAILABLE OR RESTORABLE IF (1) THE SERVICE HAS NOT COMPLETED COPYING OR SYNCING YOUR USER DATA, (2) FOR FILES, FOLDERS OR DISK DRIVES THAT THE SERVICES DO NOT AUTOMATICALLY BACKUP OR SYNC PURSUANT TO AFD DOCUMENTATION, YOU DO NOT MANUALLY SELECT THEM FOR BACKUP OR SYNCING OR YOU DESELECT CERTAIN USER DATA FOR BACKUP OR SYNCING, (3) YOU DELETE CERTAIN USER DATA FROM YOUR DEVICE AND DO NOT RESTORE IT WITHIN 30 CALENDAR DAYS AFTER DELETION, OR YOU DELETE A DEVICE FROM YOUR ACCOUNT, (4) YOU MOVE USER DATA TO A LOCATION ON YOUR DEVICE THAT IS NOT AUTOMATICALLY SCANNED TO SELECT FILES FOR BACKUP OR SYNCING, OR YOU UPGRADE YOUR OPERATING SYSTEM RESULTING IN CHANGES TO YOUR FILE MAPPING, (5) YOUR DEVICE IS UNABLE TO ACCESS THE INTERNET OR NETWORK SERVICE, (6) AFD SERVERS OR NETWORK SERVICE IS UNABLE TO MAKE A CONNECTION WITH YOUR DEVICE, (7) YOU FAIL TO FOLLOW AFD’S TECHNICAL REQUIREMENTS AND DOCUMENTATION FOR UTILIZING THE BACKUP SERVICES, INCLUDING PERIODICALLY TESTING YOUR BACKUPS AND RESTORES, OR (8) YOU TERMINATE OR FAIL TO RENEW YOUR SUBSCRIPTION TO THE SERVICES.
THE SERVICES MAY ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT AFD DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (1) VIRUSES, WORMS, TROJAN HORSES AND OTHER UNDESIRABLE DATA OR COMPONENTS, OR (2) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR USER DATA, WEBSITES, DEVICES AND NETWORKS. AFD IS NOT RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR ACCOUNT, YOUR USER DATA AND YOUR DEVICES. YOU ACKNOWLEDGE AND AGREE THAT AFD SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE CONTACT OR OTHER INFORMATION, INCLUDING, BUT NOT LIMITED TO, YOUR FAILURE TO RECEIVE CRITICAL INFORMATION ABOUT THE SERVICES. THE SERVICES AND THIRD-PARTY COMPONENTS ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. AFD DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND THIRD-PARTY COMPONENTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. AFD DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AFD SHALL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF AFD’S OBLIGATIONS HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AFD BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR USER DATA, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA, LOSS OF USER DATA OR BUSINESS INTERRUPTION, ARISING OUT OF YOUR SUBSCRIPTION TO THE SERVICES, EVEN IF AFD HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF AFD FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID BY YOU TO AFD IN THE 2 CALENDAR MONTHS IMMEDIATELY PRIOR TO THE DAMAGES ARISING. IF THE SERVICES ARE PROVIDED TO YOU WITHOUT CHARGE, THEN AFD SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THESE TERMS AND AFD’S AGREEMENT TO PROVIDE YOU THE SERVICES, AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE FOREGOING TERMS MAY NOT APPLY TO YOU.
Government Use
The Services constitute Commercial Off the Shelf (“COTS”) items as that term is defined in the U.S. Government Federal Acquisition Regulations (“FAR”). Government use rights are limited to those minimum rights required by the appropriate provisions of the FAR.
Export; Terms of Service for Non-U.S. Residents.
You shall not export the Services or any part thereof, directly or indirectly, to any country for which the United States requires an export license or other governmental approval. In particular, You acknowledge that the Services or any part thereof, may not be exported or re-exported to, or otherwise used in, any U.S.-embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons or Entity List. By subscribing to the Services, You represent and warrant that You are not located in any such country or on any such list. AFD, Inc. and AFD datacenters are based in the United States. AFD also offers, and You may choose to utilize, third-party cloud storage providers in which case the terms and conditions of such third-party cloud storage providers shall apply.