By using the Services you agree to be bound by these Terms in their entirety for the period of time agreed between the parties (the “Fixed Contract Period”), such period to be renewed automatically in accordance with these Terms.
If you are using the Services on behalf of an Organization then you are agreeing to these terms for that organization and are warranting 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 eLifeGuardian 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.
Your Files and Privacy
By using our Services you provide us with information, files, and folders that you submit to eLifeGuardian (together, “your files”). You retain full ownership to your files. We don’t claim any ownership of any of your files. These Terms 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.
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.
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.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that eLifeGuardian 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.
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. eLifeGuardian has no responsibility for that activity.
We may revise these Terms from time to time and the most current version will always be posted on the eLifeGuardian website (https://www.elifebackup.com/terms-of-use). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised terms and conditions. If you do not agree to the revised terms and conditions, please stop using the Services.
Software and Updates
Some of our Services require you to download a client software package (“Software”). eLifeGuardian hereby grants you a limited, nonexclusive, 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 in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. 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.
You are responsible for safeguarding the password that you use on your eLifeGuardian 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 eLifeGuardian of any unauthorised use of your Account.
Your General Responsibilities
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. You, not eLifeGuardian, 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.
You, and not eLifeGuardian, are responsible for maintaining and protecting all of your files. eLifeGuardian 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.
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
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. eLifeGuardian 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.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELIFE GUARDIAN, 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 ELIFE GUARDIAN 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 MORE THAN THE GREATER OF £20 OR THE AMOUNTS PAID BY YOU TO ELIFE GUARDIAN 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.
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.
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 unused portion of fees for each Fixed Contract Period paid for the Services on a pro-rata basis.
In the event of a material breach by you of these Terms, 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, no refund of any fees paid will be offered. It shall constitute a material breach of these Terms if we have a reasonable belief that you:
- use the Services in any way that would cause us legal liability or be deemed a use for an illegal purpose;
- use the Services in such a manner that has the effect of disrupting others’ use of the Services;
- repeatedly or flagrantly violate any of these Terms;
- act in conflict with a court order, or our providing the Services to you is in breach of a court order;
- represent a danger to the best interests of other customers or third-parties;
- use the Services in a manner that results in excessive bandwidth usage, as determined by us;
- 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;
- 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;
- engage in activity that damages or is likely to damage our tangible or intangible assets; or
- otherwise act in breach of the terms of our Acceptable Use Policy
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.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY UNITED STATES LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF NEVADA, USA AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and eLifeGuardian with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. eLifeGuardian’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but eLifeGuardian may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. eLifeGuardian and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Free Trial Period
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 requested during the free trial period).
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.
If you wish to cancel your contract during the free trial period you may do so by informing us in writing before the end of the free trial period, and before you have made payment.
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
Some Services are advertised as including a money back guarantee. To receive a refund under the guarantee you must inform us in writing before the end of the advertised money back guarantee period. If you do not claim a refund of fees during this period then no refund will be due.
Money back guarantee is not available in combination with a free trial. If you pay for our Services during or at the end of a free trial period then no money back guarantee will be available.
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.
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.
In the event that your actual usage increases so that you exceed your Usage Limit, then we reserve the right to migrate you to a higher Usage Limit, consistent with your increased actual usage. We are not obliged to contact you prior to such a migration, however such migration may incur additional fees for you under the Pricing Structure.
All fees for our Services are due in advance and your contract will 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 eLifeGuardian to debit your card with the fees due. If you wish to cancel your contract with eLifeGuardian, you must do so in writing at least one week before the expiry of the Fixed Contract Period.
All fees paid to us are non-refundable except in circumstances set out in these Terms.
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.
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.
The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the eLifeGuardian trademarks, logos, domain names, or other brand features.
Additional Terms applicable to use of eLifeGuardian Backup
Some Services, including the eLifeGuardian Backup and eLifeGuardian Briefcase (the “Backup Packages”) are sold on a per-computer basis. You are only permitted to backup data stored on a) internal hard drives of that computer, b) externally connected drives, such as USB drives, connected to that computer or c) NAS storage devices attached to that computer. Backing up of NAS storage devices may incur an extra charge on some Backup Packages.
An upper usage limit will be included on each Backup Package. The applicable upper limit will be notified to you at time of Backup Packages sale. The upper limit for any single internal or external drive will include NAS devices and USB drives. In the event that your usage exceeds the applicable limit on the Backup Package sold, eLifeGuardian reserves the right, but is not under an obligation, to increase the usage limit of your Backup Package without prior notification to you, and increase the charges accordingly.
With the exception of our business service, Services that include eLifeGuardian 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. If you delete files from your computer that have been backed up we will remove the corresponding backup from our servers.
You must at all times run the eLifeGuardian 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. eLifeGuardian will remove backups for computers that have not connected to the service for 30 days.
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.
You agree not to misuse the eLifeGuardian Services. For example, you must not, and must not attempt to, use the Services to do the following things.
- Probe, scan, or test the vulnerability of any system or network;
- Breach or otherwise circumvent any security or authentication measures;
- Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, eLifeGuardian (or our service providers’) computer systems;
- 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;
- Plant malware or otherwise use the Services to distribute malware;
- Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
- Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- Publish anything that is fraudulent, misleading, or infringes another’s rights; promote or advertise products or Services other than your own without appropriate authorization;
- Impersonate or misrepresent your affiliation with any person or entity;
- Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- Violate the law in any way, or violate the privacy of others, or defame others.
Terms applicable to Resellers
The following terms apply to use of the eLifeGuardian Reseller package available on our website. These terms (the “Reseller Terms”) may not apply to you if you have agreed specific terms with eLifeGuardian:
- You agree to act as a positive ambassador for the eLifeGuardian brand at all times.
- You must provide an appropriate level of support to your customers by telephone or e-mail. You must not ask your customers to contact eLifeGuardian at any time. eLifeGuardian will not offer support or service to your customers.
- Where you advertise Services that include eLifeGuardian Services you must at all times deliver the service that has been described to a standard acceptable to eLifeGuardian.
- You are not permitted to use any eLifeGuardian property including logos, icons, designs and text without our written authorization.
- You may not distribute any aspect of the eLifeGuardian service free of charge. If you bundle the eLifeGuardian Services with another service this service must not be distributed free of charge.
- eLifeGuardian has no contract whatsoever with your customers and will not attempt to contact your customers at any time except where stated in these Reseller Terms.
- eLifeGuardian reserves its rights to amend the fees due to it from Reseller. Where eLifeGuardian has agreed a fee structure with the Reseller for a fixed period, then any fee increases will not take effect until the end of that fixed period. eLifeGuardian will provide all Resellers with at least one month’s notice of any changes in the fees due to it by Resellers, by posting such a notice together with the date that the new fee structure will take effect on our Website.
- If you fail to pay fees due to eLifeGuardian or fail to comply with these Reseller Terms (including but not limited to the obligation to provide an appropriate level of support under term 2 of these Reseller Terms) then eLifeGuardian reserves the right to suspend or terminate Services to your customers and, at our discretion, to contact your customers to inform them that this has occurred and to offer them alternative Services.
- You may not bid on eLifeGuardian brand keywords in Adwords and other Pay-Per-Click advertising. These include keywords such as “eLife Guardian”, “eLife Backup”, “elifebackup.com”, “elifeguardian.com” or any other variation or misspelling of “eLifeGuardian” including bidding on “eLifeGuardian” or “eLifeBackup” with other keywords.
- You may not claim to be eLifeGuardian or to represent eLifeGuardian on your website or in any form of media or social media. You must make it clear if you are going to mention eLifeGuardian that you are a reseller of eLifeGuardian and are not part of the eLifeGuardian Organization. You may also not use the name eLifeGuardian in your domain for any website you own or control or use the name eLifeGuardian or any variation as your name in any social media that you use.
In accordance with the Digital Millennium Copyright Act of 1998, eLifeGuardian will respond expeditiously to claims of copyright infringement committed using the eLifeGuardian service and/or the eLifeGuardian website (the “Site”) if such claims are reported to eLifeGuardian in the manner identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it by postal mail to the address below.
DMCA Notice of Alleged Infringement (“Notice“)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
5190 Neil Road Ste 430
Reno NV 89502
eLifeBackup is a registered brand of eLife Guardian LLC