Terms of Service

1. Service Description

Safe Offsite Backups provides secure, off-site data backup replication services that automatically replicate data from your existing backup infrastructure to our secure storage facilities. Our service requires you to have an existing S3-compatible storage bucket and the ability to create read-only IAM credentials.

You must complete the registration process by providing accurate information and maintain the confidentiality of your account credentials. We may refuse service to anyone at our discretion.

2. Account Security

You are responsible for all activities that occur under your account. You may not share your account with others or allow multiple users to access your account. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You must notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss resulting from unauthorized account access due to your failure to maintain account security.

3. Fees and Billing

We charge based on the amount of storage you use, calculated daily and billed monthly. Current pricing is available on our website. Billing occurs on the first day of each month for the preceding month's usage, with your first bill prorated from your account establishment date.

Payments are due within 15 days of invoice date. Accounts with unpaid balances may be suspended after 30 days and terminated after 60 days of non-payment. All fees are non-refundable and exclusive of applicable taxes, which are your responsibility.

We reserve the right to change our pricing with 30 days' notice via email or on our website.

4. Customer Responsibilities

You are responsible for:

• Providing and maintaining valid IAM credentials with appropriate read-only permissions
• Encrypting sensitive data prior to replication if encryption at rest is required
• Complying with all applicable laws regarding the data you store
• Maintaining your own primary backup copies; our service is a secondary backup solution
• Verifying that your backups are successfully being replicated

You retain all rights, title, and interest in your data. We acquire no rights in your data other than those necessary to provide the Service.

5. Acceptable Use

You may use the Service only for lawful purposes and solely for data backup and recovery. You may not use our Service to store or transmit:

• Content that infringes intellectual property rights
• Illegal pornography or content that exploits minors
• Content that is libelous, defamatory, discriminatory, or violates privacy rights
• Malicious code or content that violates export control laws

Additionally, you may not attempt to gain unauthorized access to the Service, interfere with its operation, conduct security assessments without permission, or engage in excessive bandwidth usage that impacts other customers.

If we determine you have violated this policy, we may warn you, suspend your account, or terminate your account permanently.

6. Data Security and Privacy

We implement reasonable security measures to protect your data, including:

• Encryption of data in transit using industry-standard protocols
• Physical air-gaps between backup infrastructure and internet-facing systems
• Access controls and regular security monitoring

We do not access your data except when necessary to provide the Service or as required by law. Our Service replicates your data as provided—if you upload encrypted files, they remain encrypted; if unencrypted, they are stored unencrypted. For maximum security, we recommend encrypting sensitive data before backup.

Our Privacy Policy, available at /privacy, describes our data practices in detail.

7. Data Retention and Deletion

We retain your data for as long as your account is active. When you delete files from your source storage, those deletions are reflected in our system during the next synchronization cycle, typically within 24 hours.

Upon account termination, we securely delete all your data after a 30-day grace period. In the event of non-payment, access to data is suspended after 30 days, and data may be deleted after 60 days.

For data recovery, you can use standard S3-compatible tools to retrieve your data from our Service.

8. Service Level Commitment

We strive to maintain high availability but do not guarantee 100% uptime. We make commercially reasonable efforts to ensure service reliability and provide notice of scheduled maintenance when possible. We do not provide financial credits for downtime or service interruptions.

In the event of unscheduled outages, we will work diligently to restore service and communicate updates through appropriate channels.

9. Intellectual Property

The Service and all related content are protected by intellectual property laws. We grant you a limited, non-exclusive license to use the Service in accordance with these Terms. You may not copy, modify, reverse engineer, or commercially exploit the Service in any unauthorized way.

You retain all rights to your data. If you provide feedback about the Service, we may use it without obligation to you.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

To the maximum extent permitted by law, we disclaim all warranties, express, implied, or statutory, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that defects will be corrected.

We do not guarantee that your data will be stored without loss or alteration. You are responsible for maintaining separate backup copies of your important data.

11. Limitation of Liability

Our total liability for any claim related to these Terms or the Service shall not exceed the amount paid by you to us during the 12 months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.

We are not responsible for data loss resulting from your failure to maintain primary backups, your deletion of data, invalid credentials, or technical failures in your infrastructure.

12. Indemnification

You agree to indemnify and hold harmless Safe Offsite Backups and its affiliates from any claims, liabilities, damages, losses, costs, or fees (including reasonable attorneys' fees) arising from your use of the Service, your data stored through the Service, or your violation of these Terms or any third-party rights.

13. Modifications

We reserve the right to modify the Service or these Terms at any time. For material changes to these Terms, we will provide notice at least 30 days in advance. Your continued use of the Service after changes constitutes acceptance of the revised Terms.

14. Termination

You may terminate your account at any time. We may terminate or suspend your account for any reason, including violation of these Terms, non-payment, inactivity, or if we believe your use poses a security risk.

Upon termination, your right to use the Service ceases, we stop replicating data, and your data becomes subject to our retention policies. You remain responsible for any outstanding fees incurred prior to termination.

15. General Provisions

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law provisions. Disputes shall be subject to the exclusive jurisdiction of Delaware courts.

You may not use the Service in violation of U.S. export laws and regulations. These Terms constitute the entire agreement between us regarding the Service. Our failure to enforce any provision does not waive our rights. If any provision is found unenforceable, the remaining provisions will remain valid.

You may not assign these Terms without our consent, but we may assign them without restriction. We are not liable for failures due to circumstances beyond our reasonable control.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@safeoffsitebackups.com

Address: 18 Shipyard Dr, Unit 2A, Hingham, MA 02043