Terms & Conditions
Last Updated: November 8, 2022
Welcome to BackupTitan! Thank you for using our service.
These Terms of Service ("Terms") apply to your use of BackupTitan's website, products, and services.
Please read them carefully and let us know if you have any questions.
By using BackupTitan, you agree to be bound by these Terms.
If you're using BackupTitan on behalf of an organization, you agree to these Terms on behalf of that organization.
All content on BackupTitan is protected by intellectual property laws. You will find a few different types of content on our service.
You can back up and store your own files on BackupTitan. The materials you upload to BackupTitan are yours and yours alone.
You give us permission to use that material solely to do what's necessary to provide our services, including storing, displaying, and reproducing those materials.
We don't sell the files you store with us to third parties, and we don't use them for advertising purposes. We can disclose your files only in the limited circumstances described in our Privacy Policy.
Your use of our services must comply with our Terms and applicable BackupTitan policies, as well as applicable law, including export control laws and regulations, privacy laws, intellectual property laws and other third party legal rights. You are solely responsible for the development, content, and use of the files you upload to BackupTitan and you assume all risks associated with them, including intellectual property or other legal claims. By storing files with BackupTitan, you represent that you have all necessary rights to store, use and, if applicable, publicize that material, and that doing so does not conflict with, violate or misappropriate any third party legal rights, conflict with licenses you've granted to others, violate any applicable law or regulations, or any of our Terms or applicable BackupTitan policies.
BackupTitan doesn't actively monitor the files you upload or download. However, we reserve the right, in our sole discretion, to remove files you store with BackupTitan and/or suspend your access to your account in the event we become aware that your use of our services or files violate any of BackupTitan's Terms or applicable policies, or any applicable law and/or regulations, such as copyright infringement, we learn the material is patently unlawful, we learn the material is malware or supports the distribution of malware, etc. We assume no liability for any content that you or anyone else stores with BackupTitan.
You attest that all of the information that you provide as part of the account registration and setup, and on-going use of the account, is accurate, complete and authorized by the account holder.
BackupTitan is protected by copyright, trademark, and other laws. BackupTitan gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software we provide you to use our service. This license is for the sole purpose of enabling you to use BackupTitan as permitted by these Terms. If you violate these Terms, we may terminate this license.
All rights to BackupTitan -except third-party content- are the exclusive property of BackupTitan and its licensors. Nothing in these Terms authorizes you to use any of BackupTitan trademarks, logos, domain names, or other distinctive brand features except as otherwise permitted by law.
BackupTitan strives to maintain a great service. To that end, we require you to comply with certain limitations, and we may suspend or terminate your account if you use our service in a manner that violates our Terms or applicable policies, including but not limited to the following:
We're always working to improve BackupTitan and make our services better, so we do reserve some rights. In our sole discretion, we may, at any time -with or without notice- change, eliminate or restrict access to our services, and modify, suspend, or terminate a user account. If you stop paying for our service or violate any of our Terms or applicable policies, we reserve the right to suspend or terminate your account and may delete your data. BackupTitan is not liable for any damages as a result of these actions.
We sometimes release products and features that we are still testing and evaluating ("Beta Services"). Beta Services are labeled "alpha", "beta", "preview", "early access", or "evaluation" (or with words or phrases with similar meanings) and may not be as reliable as BackupTitan's other services. Beta Services are made available in part so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback. Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.
BackupTitan may contain links to websites, services, and advertisements that we neither own nor control. We don't endorse or assume responsibility for any third-party sites, information, materials, products, or services.
Our Privacy Policy governs our collection and use of your personal information. Please review those provisions, too. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for the storage and use of your files in accordance with applicable data privacy laws.
We take the security of BackupTitan very seriously. For more information about our security measures, see our Privacy Policy.
BackupTitan is only for users 18 years old and older. If we become aware that a person under 18 has created an account, we will terminate that account.
BackupTitan's Copyright Policy complies with the Digital Millennium Copyright Act. For more information, see our Copyright Policy.
See additional terms related to Payments and Refunds.
If you set up BackupTitan for a business, organization, or other group, you must operate your account consistent with your group's policies. If you are using a BackupTitan service set up by a group administrator, that administrator may be able to access, restrict, terminate, or remove information from your BackupTitan account.
When you create a BackupTitan account you will be required to set your account credentials � an email address and a password that you choose. You are responsible for accurately maintaining and safeguarding your account credentials, including the devices, keys, codes, etc. used for the second factor if you choose to use one.
To log in to your account and access your files you will be required to provide valid account credentials, including any second factor you had previously configured. BackupTitan is under no obligation to provide you access to your account or your files if you are unable to provide the appropriate account credentials including any second factor you have configured.
You can cancel your BackupTitan service and then delete your BackupTitan account any time you'd like by simply signing-in to your account. To cancel your BackupTitan service, you will be required to log in to your account and delete all of your files stored on our system. Please visit our help page on your dashboard if assistance is needed to cancel your service and delete your account.
When you cancel your BackupTitan service, we will no longer bill you for the BackupTitan account you have canceled, except for past due amounts. Your canceled account information will remain accessible unless you delete your account. When you delete your account, your account information (email address, for example) will be disabled from our active system and you will no longer be able to access your account unless you reactivate.
BackupTitan is provided "as is" without any warranties, express or implied. Except where otherwise prohibited by law, BackupTitan disclaims all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. (Some states don't allow these disclaimers, so this provision might not apply to you.)
To the fullest extent allowed by law, BackupTitan shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (A) your access to, use of, inability to access, or inability to use BackupTitan; (B) any third party conduct or content on BackupTitan, including any defamatory, offensive, or illegal conduct of third parties; or (C) any unauthorized access, use, or alteration of your content.(Some states don't allow these limitations, so this provision might not apply to you.)
We'd like to resolve any disputes fairly and quickly. Toward that end, if you have any issue with BackupTitan, please contact us and we'll work with you in good faith to try to resolve the matter.
If we can't solve the dispute informally, and if you are a resident of or have your principal place of business in the United States or Canada, you and BackupTitan agree to resolve any claim against each other through final and binding arbitration, including claims against BackupTitan affiliates, officers, directors, employees and agents, and BackupTitan affiliates' officers, directors, employees and agents.
You and BackupTitan agree to submit the dispute to a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA) including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes, or, by separate mutual agreement, to another arbitration institution. The AAA's rules and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs shall be determined under the AAA rules, except that BackupTitan will reimburse you for all AAA administrative fees in disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a claim or counterclaim was filed for purposes of harassment or is patently frivolous.
The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. However, if your claim for damages does not exceed $75,000, BackupTitan will pay for all reasonable filing, administrative, and arbitrator fees, as long as the arbitrator determines that your claim is non-frivolous. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The Federal Arbitration Act governs all disputes between you and BackupTitan. The arbitrator will decide whether a dispute can be arbitrated.
If you opt out of the arbitration agreement (as provided below), or if the arbitration agreement is found to be unenforceable, or if you neither are a resident nor have a principal place of business in the United States or Canada, you agree to resolve any claim you have with BackupTitan exclusively in a state or federal court located in the City and County of Fort Worth, Texas, and to submit to the personal jurisdiction of the courts located in the City and County of Fort Worth, Texas for purpose of litigating all such disputes.
Nothing shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the services.
To the extent permitted by law, you agree to file any claim you may have against BackupTitan within one year after such claim arose. Otherwise, your claim is permanently barred.
You and BackupTitan agree that each party may bring disputes against the other only in an individual capacity and not on behalf of any class of people. You and BackupTitan agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving another person's account. You and BackupTitan agree not to combine a claim subject to arbitration under this agreement with a claim that is not eligible for arbitration under this agreement. You and BackupTitan agree to waive the right to a trial by jury for all disputes.
You may opt out of the agreement to arbitrate. If you do so, neither you nor BackupTitan can require the other to participate in an arbitration proceeding. To opt out, you must notify BackupTitan within 90 days of the date that you first agreed to these Terms. To opt out by mail, send your written opt-out notice to this address:
BackupTitan, Inc.
c/o Arbitration Opt-Out
2033 W. McDermott Rd.
Suite #230, #195
Plano, Texas 75013-4675
Your written opt-out notice must include (1) your name and residence address; (2) the email address associated with your account; (3) a clear statement that you want to opt out of this arbitration agreement; (4) date sent, and (5) your signature.
BackupTitan will respond to notify you via the provided email address with verification of receipt of your request.
You agree to indemnify, defend, and hold harmless BackupTitan from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against BackupTitan and its affiliates regarding (a) files stored with us by you or your users, (b) your domains, or (c) your or your users' use of BackupTitan in violation of these terms.
These Terms will be governed by the laws of the State of Texas, except for its conflict of laws principles.
For claims that aren't subject to arbitration, we each agree to submit to the personal jurisdiction of a state court located in Fort Worth, Texas or in the United States District Court for the Northern District of Texas.
These Terms, our Privacy Policy, and our Payments and Refunds page constitute the entire agreement between you and BackupTitan. If any provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect.
No waiver of any provision of these Terms shall be a further or continuing waiver of that term. BackupTitan's failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision.
The Terms may be modified from time to time. The date of the most recent revisions will always be at https://www.BackupTitan.com/terms/. If we make changes that we believe will substantially alter your rights, we will notify you. If you continue to use BackupTitan after modifications of the Terms, by doing so you agree to accept such modifications.
We welcome all questions, concerns, and feedback you might have about these terms. If you have suggestions for us, let us know by using our web contact form at https://www.BackupTitan.com/contact/.
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