DaytaPol Products are licensed and not sold to you. During the term of your subscription, DaytaPol grants to you a revocable, limited, non-transferable, non-exclusive license to use DaytaPol Products, solely in connection with the backup of your data. Except for the limited license granted in these Terms, DaytaPol and its licensors retain all right, title and interest in and to the DaytaPol Products, all copies thereof, and all proprietary rights therein, including copyrights, patent, trademark and trade secret rights. You may not copy or distribute DaytaPol Products, except to the extent that copying is necessary to use DaytaPol Products for the purposes set forth herein. You may not reverse engineer, decompile, disassemble, modify, or create derivative works of DaytaPol Products. You may not alter or modify any disabling mechanism which may be included in DaytaPol Products. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer DaytaPol Products, or directly or indirectly permit any third party to copy DaytaPol Products. You may not remove any proprietary notices (e.g., copyright and trademark notices) from DaytaPol Products. You must reproduce the copyright and all other proprietary notices displayed on DaytaPol Products and on each permitted backup or archival copy. All use of DaytaPol Products shall be in accordance with these Terms and its then-current documentation. You shall be solely responsible for ensuring that your use of DaytaPol Products is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
How It Works
DaytaPol Products save a copy of each file that is automatically selected for backup and other files you designate for backup (your “Backed-up Data”) to a server operated by Amazon. DaytaPol Products automatically scan for changes or additions to the Backed-up Data and then periodically re-save a copy or a part of a modified file or create a copy of a newly designated file. For a complete list of the files DaytaPol is backing-up for you, please refer to the DaytaPol web console. You can check whether DaytaPol is backing-up specific files by going to DaytaPol Timeline located in your Computer, Web console, or from your mobile. If you are unable to locate your file, DaytaPol is not backing-up that file. Your Backed-up Data may not be available or restorable if: (i) DaytaPol has not completed copying your selected files or changed files; (ii) for files, folders, or disk drives that are not automatically backed-up, you do not manually select them for backup, or you unselect a file for backup; (iii) you delete a person from your DaytaPol account; (iv) you move a file to a location on your computer that is not automatically scanned to select files for backup or you upgrade your operating system resulting in changes to your file mapping; (v) your computer is unable to access the internet or to Amazon s3 Storage; (vi) you fail to follow DaytaPol technical requirements, including upgrading the version of your DaytaPol Products as required; or (vii) you terminate your license or fail to renew your subscription to DaytaPol Products. For additional information about the status of your Backed-up Data Frequently Asked Questions (FAQs)
Enhancements and Feedback
Enhancements. DaytaPol may (i) automatically update DaytaPol Products installed on your computer without your prior notice, (ii) upgrade, enhance, change and modify (collectively, the “Enhancements”) DaytaPol Products, or (iii) discontinue or retire DaytaPol Products or any aspect or feature of DaytaPol Products, including the types of files and data that are backed-up (not every file on your computer is backed-up) or the availability of DaytaPol Products on any particular device or communications service at any time and from time-to-time in its sole discretion. Any Enhancements made available to you will be subject to these Terms. DaytaPol will use reasonable efforts to provide notice of material changes to the DaytaPol Products or changes to these Terms by posting them to Product Agreement. It is your responsibility to periodically check DaytaPol website to inform yourself of any such modifications. Changes to these Terms, which may be made in DaytaPol sole and exclusive discretion, will be effective upon acceptance of these Terms (as described herein) for new subscriptions and effective for all existing users thirty (30) calendar days after the posting of the new Terms on DaytaPol website at Product Agreement. You agree to be bound to these Terms, as modified. If you do not agree to the modified Terms you are not permitted to use DaytaPol Products and must terminate your subscription immediately.
You may provide feedback to DaytaPol with respect to the DaytaPol Products. DaytaPol may use feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the feedback, you hereby grant DaytaPol an irrevocable, non-exclusive, perpetual, royalty-free license to use the feedback in connection with DaytaPol business, including enhancement of the DaytaPol Products.
Term and Termination. These Terms and your license to the DaytaPol Products will commence at the time and on the day you install, access, or use DaytaPol Products, whichever is earlier. These Terms, your license and your subscription to the DaytaPol Products will automatically terminate or expire upon the earlier of (i) non-renewal, cancellation, or expiration of your subscription or your failure to pay invoices when due, (ii) DaytaPol discontinuance of the DaytaPol Products, or (iii) failure to comply with these Terms. If any third party makes an intellectual property infringement claim relating to the DaytaPol Products, DaytaPol reserves the right to immediately terminate your subscription to the affected DaytaPol Products. DaytaPol MAY, IN ITS SOLE DISCRETION, DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF THE DaytaPol PRODUCTS, INCLUDING SUSPENDING OR TERMINATING YOUR LICENSE AND ACCOUNT WITH DaytaPol IF YOU ARE USING THE DaytaPol PRODUCTS IN A MANNER NOT INTENDED OR IN VIOLATION OF LAW.
Effect of Non-Renewal or Termination
Upon any non-renewal, termination, or expiration of your subscription to the DaytaPol Products (i) the license granted herein will automatically and immediately terminate and you will have no further right to possess or use the DaytaPol Products, (ii) the DaytaPol Products may be disabled by DaytaPol without notice to you, and (iii) you will no longer have the right to access or retrieve your Backed-up Data. You acknowledge and agree that DaytaPol policy is to automatically delete all of your Backed-up Data upon non-renewal, termination, or expiration of your subscription to DaytaPol Products and that it is solely your responsibility to seek another source for your backup needs.
Trial and Evaluation Licenses
You may try the DaytaPol Products prior to paying for a full subscription by licensing a trial, evaluation, or other limited versions (an “Evaluation Version”). Your license to an Evaluation Version of the DaytaPol Products will automatically terminate upon the earlier of (i) the expiration or cancellation of the evaluation period, (ii) when the DaytaPol Product is no longer made available, (iii) when DaytaPol cancels your license to the Evaluation Version, or (iv) when your computer has not accessed the DaytaPol server for more than thirty (30) calendar days. You acknowledge and agree that DaytaPol policy is to automatically delete all of your Backed-up Data upon termination or expiration of any Evaluation Version and that it is solely your responsibility to seek another source for your backup needs.
Disclaimer of Warranties; Indemnification; Limitation of Liability
DaytaPol Products. THE DaytaPol PRODUCTS MAY CONTAIN OR DaytaPol MAY PROVIDE TO YOU THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING, OR YOU MAY OBTAIN THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING FROM THIRD PARTIES DIRECTLY, (“THIRD PARTY COMPONENTS”). THE DaytaPol PRODUCTS, ALL THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. DaytaPol AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE DaytaPol PRODUCTS, THE THIRD PARTY PRODUCTS AND ALL BETA SOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE DaytaPol PRODUCTS. DaytaPol DOES NOT WARRANT THAT THE DaytaPol PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE DaytaPol PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DaytaPol PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT YOUR INSTALLATION, USE AND ACCESS OF THE DaytaPol PRODUCTS, THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, SOFTWARE AND THE LOSS OF BACKED-UP DATA THAT RESULTS FROM THE USE THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DaytaPol SHALL CREATE ANY ADDITIONAL DaytaPol WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF DaytaPol’S OBLIGATIONS HEREUNDER. YOU HEREBY WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST DaytaPol AND ITS AFFILIATES, SUPPLIERS AND LICENSORS ARISING OUT OF YOUR USE OF THE DaytaPol PRODUCTS, THIRD PARTY COMPONENTS AND BETA SOFTWARE. THE DaytaPol PRODUCTS MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT DaytaPol DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. DaytaPol SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS.
DaytaPol may designate certain Enhancements and new releases of the DaytaPol Products as “Beta Software.” Beta Software is not ready and is not intended for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that (i) the Beta Software is experimental in nature and has not been fully tested, (ii) the Beta Software may not meet your requirements or perform as intended, (iii) use of the Beta Software may not be uninterrupted, error free, or free of faults, (iv) your use of the Beta Software is for the sole purpose of evaluating and testing the product and providing feedback to DaytaPol and (v) you shall inform your employees, staff members and other users regarding the nature of the Beta Software. Your use of the Beta Software is and shall be subject to these Terms.
Indemnification; Limitation of Liability
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR CONDUCT, YOUR DATA, AND YOUR BACKED-UP DATA RELATED TO THE DaytaPol PRODUCTS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DaytaPol, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SUPPLIERS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE (INCLUDING ATTORNEYS’ FEES, EXPERT FEES AND OUT-OF-POCKET EXPENSES) ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS, YOUR USE OF THE DaytaPol PRODUCTS, OR YOUR BACKED-UP DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DaytaPol OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR DATA, OR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA AND BACKED-UP DATA, BUSINESS INTERRUPTION, OR LOST REVENUES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE DaytaPol PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE, OR YOUR USE OF DATA OR FILES STORED THEREIN, EVEN IF DaytaPol HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF DaytaPol AND ITS AFFILIATES, SUPPLIERS AND LICENSORS FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE LICENSE FEES PAID BY YOU TO DaytaPol IN THE 30 CALENDAR DAYS PRIOR TO THE DAMAGES ARISING. IF THE DaytaPol PRODUCTS ARE PROVIDED TO YOU WITHOUT CHARGE, THEN DaytaPol SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES.YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE DaytaPol PRODUCTS. Some jurisdictions do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the foregoing terms may not apply to you.
Governing Law and Arbitration
These Terms shall be governed, construed and enforced in accordance with the laws of the United Kingdom and Australia without reference to conflicts of law principles. The parties agree that the exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with these Terms, shall be in the state or federal courts, as applicable, located in the City of London, UK.
Any dispute, controversy, or claim arising out of or relating to this Agreement, including the arbitrability of the matter or the formation, interpretation, scope, applicability, termination, or breach thereof, shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, or JAMS International Arbitration Rules, if the matter is deemed “international” within the meaning of that term as defined in the JAMS International Arbitration Rules. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator, and shall be conducted in London, UK. If the JAMS International Arbitration Rules apply, the language to be used in the arbitral proceedings will be English. Judgment upon the arbitral award may be entered by any court having jurisdiction. This section shall apply to and require arbitration of all disputes, controversies and claims, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other persons, or classes of individuals, entities, or other persons.
You shall not export, directly or indirectly, the DaytaPol Products to any country for which the United Kingdom requires an export license or other governmental approval. You shall not use the DaytaPol Products to store, backup, or distribute child pornography or other illegal files or data. You shall defend, indemnify and hold DaytaPol harmless from and against any and all damages, fines, penalties, assessments, liabilities, costs and expenses (including attorneys’ fees, expert fees and out-of-pocket expenses) arising out of any claim that you are storing child pornography or other illegal files or data, or that the DaytaPol Product was exported or otherwise shipped or transported by you in violation of applicable laws, rules and regulations.
Termination and Fair Use Policy
DaytaPol SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF DaytaPol PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY DaytaPol TO BE USING THE DaytaPol PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY DaytaPol OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER’S ACCOUNT WITH DaytaPol AND THE LICENSE TO USE THE DaytaPol PRODUCTS OR SERVICES. DaytaPol Products or Services are designed to serve the needs of particular types of users, such as individual consumers or small businesses. If you have purchased a DaytaPol Product or Service that is inappropriate for your actual usage, for example if DaytaPol believes that you are using our service for business or commercial use, DaytaPol will require you to switch to an appropriate DaytaPol Product or Service. This may result in you having to pay DaytaPol additional fees for use of the appropriate product or to terminate your purchased DaytaPol Products or Services. For example: If DaytaPol believes that you are using our home service for business or commercial use, DaytaPol has the sole discretion to amend your service to our Business service which may require you paying additional fees or termination of your account. DaytaPol determines business use as excessive backup of media files e.g. photos or videos in excess of 500GB. DaytaPol may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of DaytaPol Products or Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. Your consumption of DaytaPol Products or Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of DaytaPol customers, generally. We monitor the usage of our heaviest Unlimited account users, a dynamic margin is calculated based upon averages which, should a user fall into, we may require them to cease backup or move onto a business account. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan or DaytaPol Product or Service that will permit you to continue to use DaytaPol Products or Services. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to use DaytaPol Products or Services and any license to use the DaytaPol Software, without prior notice in the event of a violation of this policy. If DaytaPol believes that you are breached our Fair Use Policy and the user has not switched to a Business Service, DaytaPol will allow the user 14 days from date of first communication to retrieve their data before deletion of the users account and data. 1st notice will be sent 14 days before account deletion and 2nd notice will be sent 2 days before account deletion. All communications will be sent to the email address attached to the users account. DaytaPol has a zero tolerance policy and will immediately terminate accounts that violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.