Datframe Backup Terms & Conditions

Updated February 4th, 2022

Datframe Online Backup Services

THESE TERMS AND CONDITIONS OF USE (THE “TERMS” OR “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “USER(S)”) AND DATFRAME INC. (“DATFRAME”, “WE” OR “US”) FOR THE USE OF DATFRAME ONLINE BACKUP SERVICES (THE “SERVICE”). THIS AGREEMENT IS EFFECTIVE AS SOON AS YOU REGISTER FOR THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER, ACCESS OR USE THE SERVICE.

IF YOU ARE USING OR REGISTERING FOR THE SERVICE ON BEHALF OF A COMPANY OR ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH COMPANY OR ORGANIZATION. YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH COMPANY OR ORGANIZATION TO THIS AGREEMENT.

This Agreement represents the entire agreement between You and Us. It cancels and replaces any prior proposal, representation or agreement between the parties related to Datframe backup services.

Datframe can modify these Terms at its sole discretion, at any time. If you use the Service after a modification has been made, you agree to it. You are responsible to check any modifications made to these Terms on a regular basis.

1. SERVICE

The Service enables You to backup, restore and manages files via the internet to remote online storage locations maintained by Us. When you register to the Service, You will select 1) a storage limit and 2) terms of payment, that will be applicable.

All the data you backup will be kept on Canadian servers and encrypted to the highest security standards. We cannot consult or view the content of the information You save. You are solely responsible for maintaining the confidentiality of your account and password. We do not keep a copy of your password and we cannot recover your data. IF YOU LOSE YOUR PASSWORD, ALL YOUR DATA WILL BE UNRECOVERABLE.

2. INFORMATION PROVIDED

You represent and warrant that all information that you provide to register to the Service is and will remain accurate and complete (including your name, contact information and payment information), and that you will maintain and update such information as needed.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating transactions.

3. ILLEGAL OR PROHIBITED ACTS

If you register to the Service, you agree not to perform and not to authorize performance of the following acts:

• Disclose your password to a third party;
• Post, link or otherwise share or transmit any false, misleading, illegal, threatening, abusive, damaging, defamatory, slanderous, abusive, threatening, pornographic or indecent information that infringes on the rights of third parties or contains any other form of illegal content;
• Use the Service in such a way as to create the appearance of a breach or irregularity likely to harm the users and/or Datframe’s business interests;
• Maintain or transmit any information that contains viruses, worms, “Trojans”, “Keyloggers”, files or code intended to disrupt, destroy, corrupt or hinder the operation of theService, this site or any site, computer or equipment directly or indirectly connected to it;

4. INTELLECTUAL PROPERTY

Datframe’s intellectual property: Datframe and the Service provided, the Site design, its layout as well as trademarks posted on the Site are the property of Datframe and are protected by copyright law, trademarks, unfair competition and by any other applicable law, whichever the case, and cannot be copied or retransmitted, in whole or in part, without Datframe’s express authorization.

Limited use licence: Subject to your compliance with this Agreement, and as long as your subscription lasts, You are authorized to use the Service within the limits expressly provided herein. You may not use this Service for any other purpose without obtaining Datframe’s express written consent. As a non-limiting example, you may not modify, reproduce, distribute, retransmit, display, publish, grant a license, transfer or sell the contents, information, software, products or services obtained without this written consent, nor create works derived from them.

Transmission of content: When using the Service to transmit, upload or display content, whether it consists of texts, photographs, audio or video files or other kinds of content, you are entirely responsible for this content. You declare that you are the author of this data and the legitimate holder of all rights to it, or you declare having obtained all the authorizations required in good and due form enabling you to use this data in accordance herein.

5. EXCLUSION OF WARRANTIES AND LIMITATIONS

Datframe uses commercial reasonable attempts in order to ensure the Service operates properly and provide uninterrupted, timely and secure services (except for scheduled maintenance or other issues outside of Datframe’s control). However, Datframe doesn’t guarantee that the Service will perfectly meet the expectations of the users. Datframes makes no warranty of any kind with respect to the Service’s technical performance or that the services offered on the site will be uninterrupted, secure or error-free or that any defect identified in the functionalities offered or in the software used, whichever the case, will be corrected. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU UNDERSTAND AND AGREE THAT ANY DATA UPLOADED, DOWNLOADED OR OTHERWISE STORED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA OR UNAUTHORIZED DISCLOSURE OF DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF SUCH MATERIAL AND/OR DATA.

DATFRAME CANNOT BE HELD LIABLE FOR DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION, THE LOSS AND/OR DISCLOSURE OF YOUR CONTENT STORED IN THE SERVICE, WHETHER OR NOT DATFRAME HAD BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGE.

6. DEFAULT

Datframe may suspend or terminate your access to the Service and this Agreement in the event that you fail to pay for the Service or that you are in violation of any of the other terms of this Agreement or the laws or regulations of any jurisdiction that might apply to your use of the Service. In extreme circumstances where the violation involves the harm or potential harm to others or clearly illegal content you agree that Service Provider may provide any information to legal authorities that might assist such legal authority in investigating and prosecuting the matter.

7. DURATION

This Agreement shall remain effective until terminated. You may terminate this Agreement at any time upon written notice to Service Provider. There will not be a pro-rata refund for any prepaid but unused portion of the Service. This Agreement will terminate without notice from Datframe in the event that You fail to renew your subscription to the Service prior to the expiration of the term. Upon termination your right to access and/or use the Service immediately ceases.

Datframe reserves the right to modify or discontinue the Service with or without notice to You. Other than a pro-rata refund for any prepaid but unused portion of the Service, Datframe shall not be liable to You or any third party should Datframe exercise its right to modify or discontinue the Service.

8. INFORMATION BACKUP

If your membership ends or is terminated, with respect to clause 6 or 7, you must retrieve your data within a 7-day period. After this period, all your data will be destroyed, without a possibility to recover it. If you need assistance to retrieve your data, additional charges may be applied. If your membership is terminated or suspended due to a payment default, you have to first remedy the default, within a 30-day period from the default, in order to have access to retrieve the data.

9. INDEMNITY

You agree to hold Datframe harmless and to defend it, if necessary, its employees, agents, assignees and/or representatives, for any damage, loss or expenses of any kind (including reasonable lawyer fees) that they may incur because of your default with respect to your commitments herein, as part of any prosecution or claim of whatever nature, based on copyright infringement, to the application of any relevant law or agreement or any infringement of third party rights, including any pecuniary or other damage arising from the performance of an illegal or prohibited act under these terms.

10. NOTICES

All notices to Datframe shall be in writing and shall be made via email to [email protected]. All notices are effective only upon receipt.

11. APPLICABLE LAW AND JURISDICTION

These Terms are governed by the laws of the Province of Ontario, which determine their execution and interpretation. The parties agree that the courts in the District of Ottawa, Canada, will have jurisdiction to hear any dispute, claim or legal proceeding relating thereto.