Terms of Service

1. Acceptance of Terms

By accessing or using DataSync ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms apply to all users, including those on free plans, paid plans, and trial periods.

2. Description of Service

DataSync is a database backup automation platform that allows users to schedule, execute, and manage backups of SQL Server and PostgreSQL databases. The Service includes:

• A cloud-hosted management dashboard accessible via web browser
• A downloadable agent application that installs on your servers
• Secure encrypted communication between agent and dashboard
• Backup scheduling, monitoring, and alerting functionality
• Support for multiple backup destinations including local storage and cloud storage

3. Account Registration

To use the Service, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorised use of your account
• Ensuring your contact information remains current and accurate

You must be at least 16 years of age to create an account. Accounts created on behalf of organisations must be registered by an authorised representative.

4. Subscription Plans and Billing

DataSync offers both free and paid subscription plans. For paid plans:

• Billing occurs monthly or annually depending on the plan you select
• Annual plans are billed upfront for the full year at a discounted rate
• Subscriptions automatically renew unless cancelled before the renewal date
• All prices are listed in USD and exclude any applicable taxes
• You may upgrade or downgrade your plan at any time; changes take effect at the next billing cycle
• We reserve the right to change pricing with 30 days written notice

All payments are processed securely through Stripe. We do not store your payment card details.

5. Refund Policy

We offer a 14-day money-back guarantee for all new paid subscriptions. If you are not satisfied with the Service within the first 14 days of your first paid subscription, contact us for a full refund. After 14 days, subscriptions are non-refundable. Cancellation stops future charges but does not entitle you to a refund for the current billing period.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Transmit malicious code, viruses, or destructive software
• Attempt to gain unauthorised access to any system or network
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or redistribute access to the Service without our written permission
• Use the Service for any purpose that could damage, disable, or impair our infrastructure
• Bypass any plan limits or usage quotas through technical means

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points:

• You retain full ownership of your data at all times
• We process your data only to provide and improve the Service
• We do not sell your personal data or backup data to third parties
• Backup files are transmitted and stored using AES-256 encryption
• You may export or delete your data at any time from your account settings

8. Uptime and Service Availability

We strive to maintain high availability of the Service. For paid plans, we target 99.9% monthly uptime for the management dashboard. Scheduled maintenance windows will be announced in advance. Downtime caused by factors outside our control (e.g. cloud provider outages, force majeure) is excluded from uptime calculations. We do not offer SLA credits for the Free plan.

9. Limitation of Liability

To the fullest extent permitted by law, DataSync shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of revenue, or business interruption, even if advised of the possibility of such damages.

Our total cumulative liability to you for any claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) USD $100.

DataSync is a backup tool — your primary data remains on your servers. We strongly recommend you regularly verify that your backups are restorable and maintain appropriate redundancy for your data.

10. Disclaimer of Warranties

The Service is 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, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

11. Intellectual Property

The Service, including all software, interfaces, documentation, and branding, is the exclusive property of DataSync and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service solely as described in these Terms. This licence does not include any rights to copy, modify, distribute, or create derivative works.

12. Termination

Either party may terminate the agreement at any time. You may terminate by cancelling your subscription and deleting your account. We may terminate or suspend your account if you breach these Terms, fail to pay, or engage in conduct that we determine, at our sole discretion, to be harmful to the Service or other users. Upon termination, your right to use the Service ceases immediately.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or a prominent notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in the jurisdiction where DataSync is registered. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.