These Terms of Service ("Terms") govern your access to and use of the services, software, and websites (collectively, the "Service") provided by Everyday Backups, Inc. ("Everyday Backups", "we", "us", or "our"). By creating an account, installing our software, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

Everyday Backups provides automated, encrypted cloud backup software for desktop, server, and mobile devices, along with related online services for managing, restoring, and monitoring your backups. The features and capabilities of the Service may evolve over time.

2. Eligibility & Accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. You agree to provide accurate, current, and complete information during registration and to keep that information up to date.

You are responsible for safeguarding your password and any other authentication credentials, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Subscriptions, Billing & Cancellation

Paid plans are billed in advance on a recurring basis (monthly or annually, depending on the plan you select). By providing payment information, you authorize us (and our payment processor) to charge the applicable fees to your payment method on each renewal until you cancel.

You may cancel your subscription at any time from your account dashboard. Upon cancellation, your subscription will remain active through the end of the current billing period, after which it will not renew. Except where required by law, fees are non-refundable.

We may change pricing, plan features, or storage limits from time to time. Changes that materially affect existing subscribers will be communicated by email at least 30 days in advance.

4. Your Data

You own your data. Files you back up through the Service remain your property. You grant us a limited license to store, transmit, and process those files solely as necessary to provide the Service.

Encryption. Files are encrypted on your device before being transmitted to our cloud storage. We do not have access to your unencrypted file contents in the ordinary course of business.

Retention after cancellation. Following cancellation or termination, your encrypted backup data is retained for 30 days to allow for restoration in case of accidental cancellation, after which it is permanently deleted from our systems.

5. Acceptable Use

You agree not to use the Service to:

store, transmit, or back up content that is illegal, infringing, or that you do not have lawful rights to;
violate any applicable law, regulation, or third-party right;
distribute malware, attempt to compromise our systems, or interfere with the operation of the Service;
resell, sublicense, or share your account credentials with third parties outside the scope of your subscription;
reverse-engineer the Service except as expressly permitted by applicable law.

6. Intellectual Property

The Service, including the software, website, dashboards, and brand assets, is owned by Everyday Backups and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. No other rights are granted by implication.

7. Privacy

Your use of the Service is also subject to our Privacy Policy, which describes how we collect, use, and protect personal information.

8. Service Availability & No Guarantee of Recovery

We work hard to keep the Service available and to ensure backups complete reliably. However, no backup service can guarantee 100% recovery of every file under every circumstance. You acknowledge that hardware failures, software bugs, encryption key loss, network issues, and other events outside of our reasonable control may affect the recoverability of backed-up data.

We strongly encourage you to maintain at least one additional independent backup of any irreplaceable data.

9. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that all data will be recoverable in every circumstance.

10. Limitation of Liability

To the maximum extent permitted by law, Everyday Backups, its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with these Terms or the Service. Our total aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid to us in the 12 months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Everyday Backups and its affiliates from any claim, demand, loss, or damage (including reasonable attorneys' fees) arising out of (a) your use of the Service in violation of these Terms, (b) your violation of any third-party right, or (c) any content you upload, store, or transmit through the Service.

12. Termination

You may stop using the Service at any time by cancelling your subscription. We may suspend or terminate your account if you breach these Terms, fail to pay applicable fees, or use the Service in a way that risks harm to other customers or our systems. We will make reasonable efforts to notify you before suspension or termination, except where doing so would risk security or violate law.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service. Continued use of the Service after the updated Terms take effect constitutes your acceptance.

14. Governing Law

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved in the state or federal courts located in Florida, and you consent to the exclusive jurisdiction of those courts.

15. Contact

Questions about these Terms? Email us at [email protected].

Everyday Backups, Inc. — Secure. Reliable. Peace of Mind.