Terms of Service

1. Scope and Acceptance

1.1 Agreement

These Terms govern your access to and use of the backup, security, and IT management services provided by European Web Services SG UG (haftungsbeschränkt), trading as euBackups.

1.2 Acceptance

By registering for an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

1.3 Modifications

We reserve the right to modify these Terms at any time. We will provide at least 30 days' advance notice of any material changes via email or through a notice on our website. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

1.4 Additional Policies

These Terms incorporate by reference our Privacy Policy and Data Processing Agreement, which form an integral part of this Agreement.

2. Service Description

2.1 Backup Services

Our core backup services include:

• Workstation, server, virtual machine, and NAS backup
• Microsoft 365 and Google Workspace protection
• Mobile device and hosting server backup
• Cloud and local storage options
• Disaster recovery capabilities

2.2 Security Add-ons

We offer the following security services as add-ons:

• Endpoint Detection and Response (EDR)
• Extended Detection and Response (XDR)
• Managed Detection and Response (MDR) - Standard and Advanced
• Advanced Email Security
• Advanced Data Loss Prevention (DLP)

2.3 Management Tools

Our management capabilities include:

• Remote monitoring and management
• Centralised policy management
• Software deployment
• Patch management
• Asset tracking and inventory

2.4 Beta Services

We may offer beta or trial services from time to time. Such services are provided "as is" without any warranties and may be discontinued at any time without notice.

3. Account Registration and Security

3.1 Registration Requirements

To use our Services, you must:

• Provide accurate and complete registration information
• Be at least 18 years of age
• Have the legal authority to enter into this Agreement
• If registering on behalf of an organisation, have the authority to bind that organisation

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised use

3.3 Account Suspension

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Pose a security risk to our Services or other customers
• Have payments outstanding for more than 30 days

4. Cancellation and Refund Policy

4.1 Cancellation Process

You may cancel your subscription at any time through our billing portal at billing.eubackups.com or by contacting us at support@eubackups.com.

4.2 Refund Terms

• Within 21 days of initial signup: Full refund, no questions asked
• After 21 days: No refund for the remaining subscription period, but you will retain access until the end of the current billing period
• Service failures: In cases of significant service failures attributable to us, we may provide a pro-rata refund at our discretion

4.3 Refund Processing

Refunds will be processed within 14 business days and issued to the original payment method.

4.4 EU Consumer Rights

If you are a consumer in the European Union, you have the right to withdraw from this Agreement within 14 days of purchase without giving any reason, as provided under the Consumer Rights Directive 2011/83/EU. Our 21-day refund policy exceeds this legal requirement.

4.5 Model Withdrawal Form

To exercise your right of withdrawal, you may use the following model form (though it is not obligatory):

To: European Web Services SG UG (haftungsbeschränkt), Scharnhorststraße 24, 10115 Berlin, Germany, legal@eubackups.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: [service name]

Ordered on (*)/received on (*): [date]

Name of consumer(s): [name]

Address of consumer(s): [address]

Signature of consumer(s) (only if this form is notified on paper): [signature]

Date: [date]

(*) Delete as appropriate

5. Pricing and Payment

5.1 Pricing Models

• Per-workload pricing: Fixed monthly fee per protected device with included storage allocation
• Per-GB pricing: Monthly fee based on actual storage consumption
• Add-ons: Monthly fees for security and management services

5.2 Billing Cycles

• Per-workload subscriptions: Billed monthly in advance
• Per-GB subscriptions: Billed monthly in arrears based on usage, due within 14 days of invoice

5.3 Payment Methods

We accept credit cards, debit cards, and bank transfers. All prices are in Euros (€) and exclude applicable VAT.

5.4 Late Payments

Late payments are subject to:

• Interest at 1.5% per month or the maximum rate permitted by law, whichever is lower
• Service suspension after 30 days of non-payment
• Recovery of collection costs and fees

5.5 New Customer Offer

New customers may receive €300 credit valid for 30 days from account creation. This offer is non-transferable and cannot be combined with other promotions.

6. Data Protection and Privacy

6.1 Compliance

We process personal data in accordance with:

• The General Data Protection Regulation (GDPR)
• The German Federal Data Protection Act (BDSG)
• Our Privacy Policy
• Our Data Processing Agreement

6.2 Data Ownership

You retain all rights to your data. We do not claim ownership of any data you upload to our Services.

6.3 Data Access

We access your data only:

• To provide and maintain our Services
• To comply with legal obligations
• With your explicit consent

6.4 Data Location

Your data is stored in European Union data centres or with specified cloud providers as detailed in our Privacy Policy.

6.5 Security Measures

We implement the following security measures:

• AES-256 encryption for data at rest
• TLS encryption for data in transit
• Multi-factor authentication
• Regular security audits and penetration testing

6.6 Data Retention After Termination

Upon account termination, your data will be retained for 30 days to allow for retrieval, after which it will be permanently deleted.

7. Customer Responsibilities

7.1 Acceptable Use

You agree to:

• Comply with all applicable laws and regulations
• Respect intellectual property rights
• Not transmit malware or malicious code
• Not attempt to gain unauthorised access to our systems
• Not store illegal content
• Not disrupt or interfere with our Services
• Honour any reseller restrictions in your agreement

7.2 Backup Verification

You are responsible for:

• Testing backups and restore functionality regularly
• Verifying backup integrity and completeness
• Maintaining appropriate backup schedules for your needs

7.3 Security Configuration

You are responsible for:

• Configuring security settings appropriately
• Implementing strong authentication practices
• Managing user access and permissions

7.4 Software Updates

You are responsible for:

• Keeping backup agents and software updated
• Applying security patches promptly

8. Intellectual Property Rights

8.1 Our Rights

We retain all rights, title, and interest in and to:

• Our software and applications
• Our documentation and materials
• Our trademarks and branding
• Our technology and processes

8.2 Licence Grant

We grant you a limited, non-exclusive, non-transferable, revocable licence to use our Services for your internal business purposes, subject to these Terms.

8.3 Restrictions

You may not:

• Copy or reproduce our software
• Modify or create derivative works
• Reverse engineer or decompile our software
• Use our Services to develop competing products

8.4 Third-Party Software

Our Services incorporate third-party software licensed from Acronis International GmbH and other providers. Such software is subject to its respective licence terms.

8.5 Feedback

If you provide us with feedback or suggestions, we may use such feedback without any obligation or compensation to you.

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that our Services will perform substantially in accordance with our documentation under normal use. This warranty does not apply to:

• Misuse or unauthorised modification
• Third-party software issues
• Your infrastructure failures
• Beta or trial services

9.2 Disclaimer

THE SERVICES ARE 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, OR NON-INFRINGEMENT.

9.3 Service Limitations

We do not warrant that:

• The Services will be uninterrupted or error-free
• All data will be recoverable in all circumstances
• The Services will meet your specific requirements without additional configuration
• Third-party services integrated with our platform will perform as expected

9.4 Website Content Accuracy

While we make reasonable efforts to ensure the accuracy of information on our website, we do not warrant that all content is accurate, complete, or current. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

In particular:

• Prices displayed are subject to correction in the event of error
• Product descriptions and feature lists may not reflect the most current service capabilities
• Promotional offers are subject to availability and may be withdrawn or modified
• Technical specifications are subject to change without notice

In the event of a pricing error, we will notify you before processing your order and give you the option to proceed at the correct price or cancel without charge.

10. Limitation of Liability

10.1 Liability Cap

Our total liability to you for any claims arising from or related to these Terms or the Services shall not exceed the total amounts paid by you in the 12 months preceding the claim.

10.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Business interruption
• Reputational damage
• Cost of substitute services

10.3 Data Loss

Our liability for data loss is limited to reasonable efforts to restore data from available backups. We are not liable for data loss resulting from:

• Your failure to maintain independent backups
• Data corruption prior to backup
• Your actions or omissions
• Third-party failures

10.4 Mandatory Exceptions

Nothing in these Terms limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or wilful misconduct
• Any liability that cannot be excluded by law

11. Indemnification

11.1 Your Indemnification

You agree to defend, indemnify, and hold us harmless from any claims, damages, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your infringement of third-party rights
• Your data or content
• Your negligence or misconduct

11.2 Our Indemnification

We will defend you against claims that our Services infringe third-party intellectual property rights, provided that you:

• Notify us promptly of any such claim
• Grant us sole control of the defence
• Provide reasonable assistance

11.3 Exceptions

Our indemnification does not apply to claims arising from:

• Your modifications to our Services
• Combination with products not approved by us
• Your continued use after notification of infringement

12. Term and Termination

12.1 Term

These Terms commence upon your first access to the Services and continue until terminated.

12.2 Your Termination Rights

You may terminate your subscription at any time in accordance with Section 4 (Cancellation and Refund Policy).

12.3 Our Termination Rights

We may terminate your access:

• For material breach: Immediately upon notice
• For convenience: With 30 days' notice
• For legal requirements: Immediately if required by law
• For non-payment: As specified in Section 5.4

12.4 Effects of Termination

Upon termination:

• Your licence to use the Services ends immediately
• All outstanding fees become due
• Your data will be retained for 30 days, then permanently deleted
• Sections that by their nature should survive will continue to apply

13. Confidentiality

13.1 Confidential Information

Confidential information includes, but is not limited to:

• Business plans and strategies
• Technical data and specifications
• Customer information
• Pricing and financial information

13.2 Obligations

The receiving party agrees to:

• Use confidential information solely for the purposes of this Agreement
• Protect confidential information with reasonable care
• Disclose only to employees or contractors with a need to know

13.3 Exclusions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available
• Was known prior to disclosure
• Is independently developed
• Is rightfully received from third parties

13.4 Compelled Disclosure

Disclosure is permitted if required by law, provided that the disclosing party gives reasonable notice and assistance to enable the other party to seek protective measures.

14. Compliance and Export

14.1 Legal Compliance

You agree to comply with all applicable laws, including:

• Data protection regulations
• Industry-specific regulations (HIPAA, PCI-DSS, etc.)
• GDPR requirements

14.2 Export Controls

Our Services are subject to export control laws. You agree not to export or re-export the Services to:

• Prohibited countries
• Prohibited entities or persons
• End uses prohibited by applicable laws

14.3 Sanctions

You represent that you are not located in, under the control of, or a national or resident of any country subject to EU, US, or German sanctions.

15. Reseller Terms

15.1 Applicability

If you are a reseller, you are subject to our Reseller Agreement, which takes precedence over these Terms in case of conflict.

15.2 Reseller Tiers

Resellers are classified into tiers (Basic, Bronze, Silver, Gold, Platinum) based on monthly volume, with corresponding volume discounts.

15.3 Reseller Obligations

Resellers agree to:

• Maintain accurate records of end customers
• Comply with all applicable laws
• Follow our brand guidelines
• Provide first-level support to end customers
• Avoid unauthorised representations about our Services

15.4 Pricing

Resellers may set their own retail prices, subject to applicable laws.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, Data Processing Agreement, and any applicable Reseller Agreement, constitute the entire agreement between you and us.

16.2 Amendments

Amendments to these Terms are made in accordance with Section 1.3. Where your consent is required for specific amendments, this will be clearly indicated.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

16.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.5 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or reorganisation.

16.6 Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, war, labour disputes, government actions, or telecommunications failures.

16.7 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, franchise, joint venture, or agency relationship.

16.8 Third-Party Beneficiaries

These Terms do not confer any rights on any third party.

16.9 Notices

Notices must be in writing and delivered by personal delivery, confirmed email, or registered post to the addresses listed in Section 18.

16.10 Language

The English language version of these Terms controls. Any translations are provided for convenience only.

17. Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods.

17.2 Jurisdiction

The courts of Berlin, Germany shall have exclusive jurisdiction over any disputes arising from these Terms. We may seek injunctive relief in any court of competent jurisdiction.

17.3 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve any dispute informally by contacting us. We will attempt to resolve the dispute within 30 days.

17.4 Consumer Rights

If you are a consumer resident in the European Union, you retain any mandatory consumer protection rights under applicable law and may bring proceedings in the courts of your country of residence.

17.5 EU Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

18. Contact Information

For questions about these Terms or our Services:

• Legal enquiries: legal@eubackups.com
• Support: support@eubackups.com
• Billing Portal: billing.eubackups.com
• Address: Scharnhorststraße 24, 10115 Berlin, Germany

19. Acknowledgement

By registering for an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.