Terms of Service
Last updated on January 17, 2023
Previous versions
Terms and conditions of service agreement - online services
Definition of terms
Overview of SysCloud
Services overview
Description of service provided
Data collection and privacy policy
Confidentiality policy
The Confidentiality Policy applies to all the documents that are classified as confidential under our Data Classification Policy, SysCloud. (Please Note that Personal Identifiable Information (“PII”) is covered under our Privacy Policy). The Confidentiality Policy may undergo modifications reflecting the changes that are made to SysCloud applications and services. All the modifications made in this policy will be updated on our website. Please kindly visit our site regularly to be aware of the changes in the Confidentiality Policy. For queries related to Confidentiality Policy modifications write to support@syscloud.com.
Service period
Your conduct
User accounts and passwords
Service availability
SysCloud will not be liable for any downtime due to maintenance, or forces beyond our reasonable control. Please read our Service Level Agreement (SLA) for services related to SysCloud. The company agrees to use commercially reasonable efforts to provide and maintain the services/applications in accordance with the specifications specified herein.
Payment
Non-payment
Refunds
Security
You acknowledge that SysCloud’s online service is not invulnerable to security breaches or other threats and agree that if we believe that an account is being used for any illegal purpose, we have the right to inspect and/or deny access to any backup and/or migration data. If you have any concerns related to security, availability, confidentiality, and integrity, please contact us via email to incident@syscloud.com.
Access of backup data
- if any software/hardware/operator failure results in deletion of your backup data or accounts at our site or services
- if we have not completed backup and/or migration of your data whether it is the first time or incrementally
- if you change your domain security key (OAuth) or we have been restricted/denied access to your data
- if Google restricts or denies access to your data for us to backup
- if your subscription terminates or is suspended
Proprietary rights
Exclusion of warranties
Disclaimer of warranties
Limitation of liability
Intellectual property
Copyright and trademark policies
Exclusion and limitations
Termination
SysCloud will not maintain/store/forward your data to another account or alternate provider. SysCloud is not responsible for any deleted data. Please read our Data Retention Policy to learn more about our data retention policy.
Indemnification
Changes to the service
Changes to the terms and conditions of service
Electronic communications
By purchasing an application from us, you agree to receive communications from us in an electronic form and that all communication provided to you electronically will satisfy all legal requirements as such as if it were in writing. If you want to discontinue communications from us, you must contact us at incident@syscloud.com.
Miscellaneous
- You and SysCloud agree to execute any and all necessary documents and to take such further action as may reasonably be necessary to carry out the terms and intent of this agreement.
- This agreement shall be binding upon, and inure to the benefit of SysCloud and you, their legal representatives, successors and assigns. However, no assignment shall be made of the rights here under without the prior written consent of the other Party.
- This agreement embodies and constitutes the entire understanding between the Parties with respect to the transactions contemplated herein. All prior or contemporaneous agreements, understandings, representations, oral or written, are superseded by this agreement unless explicitly included as an attachment.
- Neither this agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated.
- All notices that are required to be given here under will be deemed to have been properly given and will be effective when and if sent by U.S. regular mail, postage prepaid, U.S. certified mail, electronic mail, and/or by personal delivery or by courier, to the address of the other Party.
- Except as otherwise provided for in this section, we and you agree that any and all controversies or claims arising out of or relating to this agreement, or any alleged breach hereof, shall be resolved by binding arbitration as prescribed herein. A single arbitrator engaged in the practice of law, who is knowledgeable about crypto currencies and financial markets, and shall conduct the arbitration under the current rules of the American Arbitration Association (“AAA”), unless otherwise provided herein. The arbitrator shall be selected in accordance with AAA procedures from a list of qualified people maintained by AAA. The arbitration shall be conducted in the city of San Jose, California, and all expedited procedures prescribed under the AAA rules shall apply. There shall be no discovery other than the exchange of information, which is provided to the arbitrators by the Parties. The arbitrator shall only have authority to award compensatory damages and shall not have authority to award punitive damages, other non-compensatory damages or any other form of relief. Each Party shall bear its own costs and attorneys’ fees and disbursements. The arbitrator’s decision and award shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- The provisions of this agreement are for the benefit only of the Parties, and no third party may seek to enforce or benefit from these provisions.
- If one or more provisions of this agreement are held to be unenforceable under applicable law, such provision shall be excluded from this agreement and the balance of the agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms.
Beta participation
A separate Beta Participation Agreement shall apply if you choose to sign up for the beta version of the products made available by SysCloud. Please click here to read the terms of the Beta Participation Agreement.
Fair usage policy
Integrity of our system
False or Misleading Acts
Competitor Benchmarking and Security Testing
Entitlements for Storage
- Buying a single-user backup license to back up data belonging to all users via shared apps such as SharePoint or Shared Drive
- Moving app data for all users to a single user account or a common user account to minimize the subscription cost