Terms of Service

1. Scope and Acceptance

1.1 Agreement

These Terms of Service ("Terms") govern your access to and use of the backup, security, and IT management services ("Services") provided by European Web Services SG UG (haftungsbeschränkt), trading as "euBackups" ("euBackups", "we", "us", or "our"). By registering for, accessing, or using our Services, you ("Customer", "you", or "your") agree to be bound by these Terms.

1.2 Applicability

These Terms apply to all customers, including individual users, businesses, and resellers. Additional terms may apply to reseller agreements as specified in Section 14.

1.3 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through our service portal at least 30 days before they take effect. Continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

1.4 Additional Policies

These Terms incorporate by reference our Privacy Policy and Data Processing Agreement (DPA), available at /privacy-policy and /data-processing-agreement.

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2. Service Description

2.1 Backup Services

We provide comprehensive backup solutions including:

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

2.2 Security Services

Our security add-ons include:

• 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 Services

We offer IT management tools including:

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

2.4 Service Levels

Specific service level commitments, uptime guarantees, and support response times are detailed in our Service Level Agreement (SLA), available upon request or in your customer portal.

2.5 Beta and Trial Services

We may offer beta or trial versions of Services. These are provided "as is" without warranties and may be discontinued at any time without notice.

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3. Account Registration and Security

3.1 Account Creation

To use our Services, you must:

• Provide accurate, current, and complete information
• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the authority to enter into these Terms on behalf of your organisation (if applicable)

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 access or security breach

3.3 Account Suspension

We reserve the right to suspend or terminate accounts that:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Pose a security risk to our Services or other customers
• Have outstanding payment obligations exceeding 30 days

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4. Cancellation and Refund Policy

4.1 Cancellation

You may cancel your subscription at any time by:

• Cancelling through your customer billing portal at https://billing.eubackups.com
• Contacting our support team at support@eubackups.com

4.2 When Cancellation Takes Effect

Cancellation will be effective at the end of your current billing period. You will continue to have access to the Services until that time.

4.3 Refund Policy

We offer a customer-friendly refund policy:

• Within 21 days of initial signup: Full refund of all payments, no questions asked
• After 21 days: No refund for the remaining portion of the current billing period, but you retain access until the period ends
• Service failures: If we fail to meet our service level commitments, you may be eligible for a pro-rata refund at our discretion

4.4 How to Request a Refund

To request a refund within the 21-day period:

• Email support@eubackups.com with your account details
• Refunds will be processed within 14 days using your original payment method

4.5 EU Consumer Rights

For consumers in the European Union, this policy exceeds the legal right of withdrawal requirements under EU Consumer Rights Directive 2011/83/EU (which requires 14 days). You may use the model withdrawal form below if preferred, but it is not required.

Model Withdrawal Form (optional):

```

To: European Web Services SG UG (haftungsbeschränkt)

Email: legal@eubackups.com

I hereby give notice that I withdraw from my contract for the following service:

Service: [Your service details]

Ordered on: [Date]

Name: [Your name]

Email: [Your email]

Customer ID: [If applicable]

Date: [Date]

```

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5. Pricing and Payment

5.1 Pricing Structure

Our Services are offered under the following pricing models:

• Per-Workload Pricing: Fixed monthly fee per protected workload with included storage
• Per-GB Pricing: Monthly fee based on actual storage consumption
• Add-on Services: Additional monthly fees for security and management features

5.2 Pricing Changes

We reserve the right to modify pricing with 60 days' written notice. Price increases will not affect your current billing cycle but will apply to subsequent renewals.

5.3 Payment Terms

• Per-Workload Pricing: Billed monthly in advance. Payment is due immediately upon invoice to maintain access to Services.
• Per-GB Pricing: Billed monthly in arrears based on actual usage. Payment is due within 14 days of invoice date.
• Add-on Services: Billed monthly in advance along with per-workload pricing.
• Accepted payment methods include credit card, debit card, and bank transfer
• All prices are stated in Euros (€) and exclude VAT

5.4 VAT and Taxes

You are responsible for all applicable taxes, including VAT. For EU business customers with a valid VAT ID, reverse charge mechanism may apply.

5.5 Late Payment

Late payments may incur:

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

5.6 Refund Policy

Refunds are handled as specified in Section 4 (Cancellation and Refund Policy).

5.7 New Customer Offer

New non-reseller customers receive a €300 credit applied to their first invoice, valid for 30 days from sign-up. This offer cannot be combined with other promotions.

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6. Data Protection and Privacy

6.1 Data Processing

We process your data in accordance with:

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

6.2 Your Data

You retain all rights, title, and interest in your data. We will not access, use, or disclose your data except:

• As necessary to provide the Services
• To comply with legal obligations
• With your explicit consent
• As specified in our DPA

6.3 Data Location

Your backup data is stored:

• In data centres within the European Union (for our hosted storage)
• In your specified cloud provider's data centres (for Azure/Google hosted storage)
• On your own infrastructure (for customer/partner storage options)

6.4 Data Security

We implement industry-standard security measures including:

• AES-256 encryption for data at rest
• TLS encryption for data in transit
• Multi-factor authentication options
• Regular security audits and compliance assessments

6.5 Data Retention

Upon termination of Services, we will:

• Retain your data for 30 days to allow for retrieval
• Permanently delete your data after the retention period
• Provide data export functionality during the retention period

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7. Customer Responsibilities

7.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You will not:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorised access to our systems
• Use the Services to store or distribute illegal content
• Interfere with or disrupt the Services
• Resell or redistribute Services without authorisation (except under approved reseller agreements)

7.2 Backup Verification

You are responsible for:

• Regularly testing backup and restore functionality
• Verifying backup integrity and completeness
• Maintaining appropriate backup schedules
• Monitoring backup success/failure notifications

7.3 Security Configuration

You are responsible for:

• Properly configuring security settings
• Implementing strong authentication practices
• Managing user access and permissions
• Responding to security alerts and recommendations

7.4 Software Updates

You agree to:

• Keep backup agents and software up to date
• Apply security patches promptly
• Maintain compatible operating systems and applications

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8. Intellectual Property Rights

8.1 Our Rights

All rights, title, and interest in the Services, including software, documentation, trademarks, and technology, remain our property or that of our licensors. These Terms do not grant you any intellectual property rights except the limited licence to use the Services as described herein.

8.2 Licence Grant

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes in accordance with these Terms.

8.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble the Services
• Remove or alter any proprietary notices
• Use the Services to develop competing products

8.4 Third-Party Software

The Services incorporate third-party software components, including technology licensed from Acronis International GmbH. These components are subject to separate licence terms and remain the intellectual property of their respective owners.

8.5 Feedback

Any feedback, suggestions, or ideas you provide about the Services may be used by us without obligation or compensation to you.

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9. Warranties and Disclaimers

9.1 Service Warranty

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

• Issues caused by misuse or unauthorised modifications
• Problems resulting from third-party software or services
• Failures due to your hardware, network, or infrastructure
• Beta or trial services

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.1, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.3 Service Limitations

While we strive to provide excellent service, please note that:

• Like all technology services, occasional interruptions or errors may occur
• Data recovery success depends on multiple factors, some beyond our control
• Services are designed to meet general business needs; specific custom requirements may need additional configuration
• We work to resolve any defects promptly, though resolution times may vary based on complexity

9.4 Third-Party Services

We are not responsible for third-party services, including but not limited to cloud storage providers (Azure, Google), email services (Microsoft 365, Google Workspace), or other integrated platforms.

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10. Limitation of Liability

10.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

10.2 Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or use of data (except as provided in Section 10.4)
• Business interruption
• Loss of goodwill or reputation
• Cost of substitute services

10.3 Basis of the Bargain

The limitations in this Section 10 apply even if we have been advised of the possibility of such damages and even if a remedy fails of its essential purpose. These limitations reflect the allocation of risk between the parties and are a fundamental basis of the bargain.

10.4 Data Loss

In the event of data loss caused solely by our negligence or wilful misconduct, our liability is limited to using commercially reasonable efforts to restore your data from our available backups. We are not liable for data loss resulting from:

• Your failure to maintain independent backups
• Corruption or deletion before backup was performed
• Your actions or those of your users
• Third-party service failures

10.5 Mandatory Liability

Nothing in these Terms excludes or limits our liability for:

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

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11. Indemnification

11.1 Your Indemnification

You agree to indemnify, defend, and hold harmless euBackups, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of third parties
• Your data or content
• Negligence or wilful misconduct by you or your users

11.2 Our Indemnification

We will indemnify you against claims that the Services infringe a third party's intellectual property rights, provided you:

• Promptly notify us of the claim
• Grant us sole control of the defence and settlement
• Provide reasonable assistance

This indemnification does not apply if infringement results from:

• Your modification of the Services
• Use of the Services in combination with non-approved products
• Your continued use after being notified of infringement

11.3 Exclusive Remedy

The indemnification provisions in Section 11.2 state our entire liability and your exclusive remedy for intellectual property infringement claims.

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12. Term and Termination

12.1 Term

These Terms commence when you first access the Services and continue until terminated in accordance with this Section 12.

12.2 Termination by You

You may terminate your account as specified in Section 4 (Cancellation and Refund Policy).

12.3 Termination by Us

We may terminate or suspend your account:

• Immediately for material breach of these Terms
• With 30 days' notice for convenience
• Immediately if required by law or regulatory authority
• For non-payment as specified in Section 5.5

12.4 Effect of Termination

Upon the effective date of termination (as specified in Section 4 for customer-initiated termination):

• Your licence to use the Services ends
• You must cease all use of the Services
• Any outstanding fees become immediately due (for termination by us)
• We will retain your data for 30 days as specified in Section 6.5 to allow for retrieval
• Sections that by their nature should survive (including payment obligations, limitations of liability, and dispute resolution) will continue to apply

12.5 Refunds Upon Termination

Refunds are handled as specified in Section 4 (Cancellation and Refund Policy).

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13. Confidentiality

13.1 Confidential Information

"Confidential Information" means non-public information disclosed by either party that is marked as confidential or would reasonably be considered confidential under the circumstances, including business plans, technical data, customer information, and pricing.

13.2 Obligations

The receiving party will:

• Use Confidential Information only for purposes of these Terms
• Protect it with the same degree of care used for its own confidential information (but no less than reasonable care)
• Not disclose it to third parties except to employees and contractors with a need to know

13.3 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was rightfully known prior to disclosure
• Is independently developed without use of the Confidential Information
• Is rightfully received from a third party without confidentiality restrictions

13.4 Compelled Disclosure

Either party may disclose Confidential Information if required by law, provided it gives reasonable notice and assistance to allow the disclosing party to seek protective measures.

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14. Compliance and Export

14.1 Regulatory Compliance

You agree to comply with all applicable laws and regulations in your use of the Services, including data protection, privacy, and industry-specific regulations (e.g., HIPAA, PCI-DSS, GDPR).

14.2 Export Controls

You acknowledge that the Services and related technology may be subject to export control laws. You agree not to export, re-export, or transfer the Services to prohibited countries, entities, or persons.

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.

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15. Reseller Terms

15.1 Reseller Agreement

Customers participating in our reseller program are subject to additional terms specified in the Reseller Agreement. In case of conflict, the Reseller Agreement prevails.

15.2 Reseller Tiers

Resellers are classified into tiers (Basic, Bronze, Silver, Gold, Platinum) based on monthly sales volume, with corresponding discount levels as published on our website.

15.3 Reseller Responsibilities

Resellers must:

• Maintain accurate end-customer records
• Comply with all applicable laws and our brand guidelines
• Provide first-level support to their customers
• Not make unauthorised representations about the Services

15.4 Pricing

Resellers purchase Services at discounted rates and are free to set their own retail prices, provided they comply with applicable laws including consumer protection and competition laws.

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16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, DPA, and any applicable Reseller Agreement, constitute the entire agreement between you and euBackups regarding the Services and supersede all prior agreements and understandings.

16.2 Amendments

We may amend these Terms as specified in Section 1.3. Amendments requiring your consent will be clearly indicated.

16.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision shall not constitute a waiver.

16.4 Severability

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

16.5 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of assets.

16.6 Force Majeure

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

16.7 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, or employment relationship.

16.8 Third-Party Beneficiaries

These Terms do not confer any rights upon any person other than the parties and their permitted successors and assigns.

16.9 Notices

Notices under these Terms must be in writing and will be deemed given when:

• Delivered personally
• Sent by confirmed email to the address on your account
• Sent by registered post to the address on record

Our notice address:

European Web Services SG UG (haftungsbeschränkt)

Scharnhorststraße 24

10115 Berlin

Germany

Email: legal@eubackups.com

16.10 Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

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17. Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany. However, we may seek injunctive relief in any court of competent jurisdiction.

17.3 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@eubackups.com and attempt to resolve the dispute informally for at least 30 days.

17.4 Consumer Rights

If you are a consumer resident in the EU, nothing in this Section 17 affects your rights under mandatory consumer protection laws, including your right to bring proceedings in the courts of your country of residence.

17.5 EU Online Dispute Resolution

The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. However, we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

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18. Contact Information

For questions about these Terms or our Services, please contact us:

Email: legal@eubackups.com

Support: support@eubackups.com

Customer Billing Portal: https://billing.eubackups.com

Address:

European Web Services SG UG (haftungsbeschränkt)

Scharnhorststraße 24

10115 Berlin

Germany

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19. Acknowledgement

BY REGISTERING FOR, ACCESSING, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

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Last Updated: 06 November 2025

Version: 1.0

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*For information about how we handle your personal data, please refer to our Privacy Policy. For information about data processing, please refer to our Data Processing Agreement.*