Opsmate Terms of Service
Last revised: February 5, 2014
The following terms and conditions govern all use of the Opsmate backup service, the Opsmate website, and all content, software, services, and products provided on or in connection with the service (collectively, the "Service"). The Service is owned and operated by Opsmate, Inc. ("Opsmate," "we," or "us"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein (the "Agreement"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Agreement, whether or not you are a registered user of the Service.
Opsmate reserves the right, at its sole discretion, to modify or update this Agreement from time to time by posting an updated version of such Agreement on this page (https://www.opsmate.com/terms). When we change this Agreement, we will update the "last revised" date at the top of this page. If there are material changes to this Agreement, we will notify you either by posting a notice of such changes prior to implementing the change or by directly sending you a notification. Your continued use of the Service after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future Agreements, do not use or access (or continue to access) the Service. Unless Opsmate otherwise indicates, your use of any new features, changes, and enhancements to the current Service, including the release of new features and resources, shall be subject to this Agreement.
You may use the Service only if you can form a binding contract with Opsmate, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to the Service by anyone under the age 13 is strictly prohibited and in violation of this Agreement. The Service is not available to anyone previously removed from the Service by Opsmate.
You must provide your legal full name, a valid email address, and any other information requested during the account signup process in order to obtain an account. You must ensure that all account information remains complete and accurate.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You are responsible for maintaining the security of your account and password, and are responsible for all activities conducted using your account and password. Opsmate cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You may not use the Service for any illegal or unauthorized purpose. Without limiting the foregoing, you may use the Service only in accordance with the use parameters of your account's plan level, including host, storage, and transfer limitations, and you agree not to attempt to circumvent such limitations.
Payment and Pricing Terms
You agree that Opsmate shall be permitted to charge your credit card on a monthly or other agreed-upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 7 days past due. Accounts that are not collectable by Opsmate may be turned over to an outside collection agency for collection.
Opsmate is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Opsmate. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
Cancellation and Termination
You will continue to be billed for the Service until Opsmate terminates your account in accordance with this Agreement or you properly cancel your account. You are solely responsible for properly canceling your account. You can cancel your account by emailing email@example.com.
If you cancel the Service before the end of your current paid-up billing cycle, you will receive a prorated refund, credited to the credit card used for purchasing the Service, for any remaining full days until the end of the billing cycle that has already been paid.
Opsmate, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Opsmate service, for any reason at any time. Such termination of the Service will result in the suspension or deletion of your account or your access to your account. Opsmate reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which by their nature should survive cancellation or termination shall survive cancellation or termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Modification to Service and Prices
Opsmate reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from Opsmate. Such notice may be provided at any time by posting the changes to the Opsmate website (www.opsmate.com) or the Service itself. If you do not agree to such pricing change, you may cancel your account during such 30-day period. By continuing to use the Service after the effective date of such pricing change, you hereby agree to such pricing change.
Opsmate shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Software Licenses, Copyright, and Content Ownership
All software (including the Opsmate backup agent) that is furnished to you in connection with the Service is copyright © 2013-2016 Opsmate, Inc. All rights reserved. Redistribution and use in source and binary forms, without modification, is permitted for the sole purpose of using the Opsmate backup service.
The Service (including all of its software and technology components), together with all intellectual property rights therein, are the exclusive property of Opsmate and its suppliers. The look and feel of the Service is copyright © 2013-2016 Opsmate, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Service without express written permission from Opsmate. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.
You may choose to or we may invite you to submit comments or ideas about current or future offerings from Opsmate, including without limitation potential improvements to Opsmate products or services ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and will not place Opsmate under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Unless you opt out of this provision by emailing firstname.lastname@example.org, you agree that Opsmate, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in presentations, marketing materials, customer lists, financial reports, and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of Opsmate products or services.
When you use the Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Opsmate website or within the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranty
The Service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Opsmate or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Opsmate, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Service.
Opsmate does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Opsmate service or any hyperlinked website or service, and Opsmate will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Limitation of Liability
In no event unless required by applicable law or agreed to in writing will Opsmate, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "Released Parties"), be liable for damages, including any general, special, incidental, indirect, exemplary or consequential damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Opsmate has been advised of the possibility of such damages), including any such damages resulting from the use or the inability to use the Service; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Service; termination of your account; or any other matter relating to the Service.
You agree to indemnify and hold harmless Opsmate, and the other Released Parties, from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement. You agree to use the Service only for lawful purposes. You agree to indemnify Opsmate, and the other Released Parties, against any usage of the Service you undertake that may lead to legal recourse by any third party.
This Agreement constitutes the entire agreement between Opsmate and you concerning the subject matter hereof, and supercedes any prior agreements between you and Opsmate for the use of the Service. This Agreement may be modified only by a written amendment signed by an authorized executive of Opsmate, or by the posting by Opsmate of a revised version. Except to the extent that applicable law, if any, provides otherwise, this Agreement, and any access to or use of the Service will be governed by the laws of the State of California, U.S.A., without giving effect to any conflicts of laws principles that may require the application of the law of a different jurisdiction. For any dispute or proceeding arising from or relating to this Agreement or use of the Service, you agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Contra Costa County, California, and in the federal courts located in the Northern District of California.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Opsmate may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.