Terms and Conditions

Nordic Backup License & Service Agreement

This agreement (the “Agreement”) is a legal agreement between you, either an individual or a single legal entity (“You” or “you” or “your”), and Nordic Backup (“Nordic Backup”). This Agreement governs your use of the Nordic Backup Backup software distributed with this Agreement, including any updates that may be provided to you and any accompanying written documentation (the “Software”) and the Nordic Backup service (“Service”).

By using the Services you agree to be bound by these Terms

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Nordic Backup and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

General

The Service from Nordic Backup includes at least backup and secure storage of closed files, open databases that are supported by Nordic Backup and email delivery of reports about the status of the backup, restore, storage consumption and other information related to Nordic Backup.

Requirements

An Internet connection is required on the computers running Nordic Backup. There is no requirement to the Internet connection, thus it is recommended that you use a DSL/broadband connection with a send/upload speed of at least 512 Kbit/s.

License & Ownership

Nordic Backup owns all rights to the backup software and the design and functionality of Nordic Backup’s web pages. Included with your subscription are the rights to use Nordic Backup’s applications and website and the services offered.

Nordic Backup only provides services for backup, restoration, and retention of data. The data that you store at Nordic Backup belongs to you alone. If Nordic Backup is required to disclose data belonging to you by public authorities, this happens without responsibility for Nordic Backup. If Nordic Backup is required to disclose data, data can only be made available in the encrypted form, as Nordic Backup does not hold your encryption keys.

Use of Software

Subject to the terms and conditions of this Agreement, Nordic Backup grants you a non-exclusive license to install and execute copies of the Software (in executable code form only) on your company’s and/or customers’ computers and only for the purpose of accessing and using the Service. Certain third party code may be provided with the Software. The third-party license terms accompanying such code, and not the terms of this Section, will govern your use of such code.

The Software and its structure, organization, source code, and documentation contain valuable trade secrets of Nordic Backup and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the Software and/or Service or any derivative thereof to any third party who is not your customer, (2) modify, adapt, translate, or prepare derivative works from the Software or Service, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or Service, (4) extract portions of the Software’s files for use in other applications, or (5) remove, obscure, or alter Nordic Backup’s or any third party’s trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software or Service.

Acceptable Use & Conduct

You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Nordic Backup and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.

The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.

Any unauthorized use of any Nordic Backup computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

Intellectual Property

You acknowledge that Nordic Backup or third parties own all right, title and interest in and to the Software and Service, portions thereof, or software or content provided through or in conjunction with the Software or Service, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Software and Service are reserved, and no implied licenses are granted by Nordic Backup.

Accounts, Passwords, & Security

You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password or the encryption key for your account, you may not be able to access your data.

Nordic Backup does not compromise when it comes to security. Your files are stored in multiple geographically separate data centers, on redundant servers with a redundant storage system. This is to ensure that your backup is stored not only at one location, but in multiple, with exact copies at each location.

All data centers are equipped with at least three levels of physical access control, with alarms, camera surveillance, locked server cabinets, uninterruptible power supplies, diesel powered generators, redundant cooling and redundant Gigabit Internet connections.

Before your files are sent to Nordic Backup, they are encrypted with 256 bits on your own computer with an encryption key that only you know. The encrypted files are then sent to Nordic Backup via an encrypted SSL tunnel. This means that your files are encrypted twice during the transfer to Nordic Backup.

Be aware that only you have the encryption key and are the only one who can read the encrypted files. So it’s very important that you’re careful with the encryption key and keep it in a safe place, so you can retrieve it, when you need it. Without the encryption key, there is absolutely no way to restore your files from Nordic Backup!

You can choose how long your deleted and modified files are to be stored in the archive. By default, Nordic Backup keeps the deleted and modified files for seven days. But you can change that limitation to up to one year, which corresponds to 365 versions of the files that change daily. Just remember: the longer you save your archive files, the more storage will be needed for the archive.

Setup

You are responsible for the setup of the Nordic Backup software, including any errors that may occur in relation to the setup. If the setup is performed by Nordic Backup or a Nordic Backup reseller, then the performing party will always be responsible for any errors that may occur in relation to the setup.

The installed Nordic Backup software should be configured so that the required drives, files, and databases are selected for backup. You are responsible for choosing the backup source, even if the setup is performed by or with support from Nordic Backup or a Nordic Backup reseller.

It is always your responsibility to modify file/database list when changes occur in the computer’s file structure, which may affect the proper backup of the computer. You can freely choose to have Nordic Backup or a Nordic Backup reseller perform the modification.

With the configuration of the backup, it is required to choose an encryption key. It is your responsibility to select, enter, and store the encryption key. Nordic Backup has no knowledge of the encryption key, since the key is only stored on your computer. If the encryption key is lost or forgotten, there is no possibility for decrypting and recovering the stored data, for which Nordic Backup cannot be held responsible.

Operation

If you have chosen to use automatic scheduled backup, the backup will be launched at the time schedule you have selected during the configuration. Nordic Backup periodically checks the time schedule the customers choose. If the selected time frame can be changed to the benefit of both the you and Nordic Backup, Nordic Backup may contact you regarding this change of the schedule.

All automatic backups will be monitored by Nordic Backup. If a backup is not launched at the specified schedule, you will automatically receive an email with a notification regarding the missed backup.

Nordic Backup does not check the status and logs. You alone are responsible for checking the status and logs, sent by Nordic Backup, after each completed backup.

You alone are responsible for testing the recovery of data and the accuracy of the data frequently.

Support

You are eligible to receive support from the Nordic Backup reseller that you may be associated with. Nordic Backup reseller’s are entitled to charge you for the support provided, the reseller must however notify you in advance about this.

Nordic Backup will provide different levels of support depending on the product you have chosen. With any of our annual pre-paid product subscriptions, you will receive free phone support during normal business hours which are 9am -5pm Eastern Standard time Monday –Friday. You will also have access to email support as well. Please keep in mind that there will be an additional fee for afterhours or weekend support provided that will be charged at the time of support service.

Nordic Backup Business Pro users are entitled to free 24/7 product support via web, email, and telephone.

Uptime

Nordic Backup is targeting an uptime above 99.9% of the central server systems.

The following events are not included in the calculated uptime:

• Planned maintenance.
• Downtime due to failure of customer equipment or Internet connection.

Responsibility

Nordic Backup cannot be held liable for any loss/deletion of your data or damage to your computer systems for any reason, you accept this unconditionally by acceptance of this agreement or by use of Nordic Backup. Nordic backup stores all data multiple times on highly secured mirrored servers at multiple highly secured sites. The servers are maintained by authorized personnel only and it is therefore considered very unlikely that data loss will occur due to hardware failure, system failure or a complete data center breakdown.

Duration & Termination of Agreement

Nordic Backup does not believe in locking our customers into long term contracts. You may terminate this agreement at any time without giving notice, however, if you are using a Nordic Backup Home or Small Business annual subscription account, you acknowledge that will not receive any refunds for any of the unused portions of your prepaid services on your account if you did not cancel within the first thirty (30) days of service.

If you have a Nordic Backup Server Pro account with monthly account subscriptions, upon closing, you will have the month prorated to the day of account closure. After the 30 day waiting period, if you have a credit, you will receive a check in the mail with your remaining balance. If you do not want to wait for a check to be mailed, you can opt to have your refund ACH’d into your account if you provide Nordic Backup with your routing and account number. If you are using a Nordic Backup Home or Small Business annual subscription account, you will receive notification a month before your subscription ends. Your account will automatically renew at the end of the subscription for the current rate. It is your responsibility to cancel your account either by logging into the account on our website, calling us, or sending us an email informing us that you do not wish to continue your services to avoid further charges. You will receive a final statement via email saying the account has been deactivated.

Nordic Backup also has the right to terminate this agreement immediately if you have a past due balance. Seven days after the third billing reminder notification has been emailed, your account will be deactivated due to lack of payment and the final statement will be emailed to you. To have your account reactivated, you will be required to pay the past-due balance along with any fees.

Regardless of how the agreement is terminated, Nordic Backup commits to keeping your encrypted data on our servers for 30 days after contract termination should any data need to be restored. Within the 30 days, you can get access to the stored data, by paying the full due amount up until the current day. Similarly, within the 30 days, you can request, in writing, that the encrypted data is deleted permanently, with immediate effect. After 30 days, the data will be permanently deleted from our servers.

This Agreement automatically terminates if you fail to comply with its terms and conditions. Nordic Backup reserves the right to refuse or discontinue participation to any user at any time at its sole discretion.

Nordic Backup reserves the right to immediately close your account without notice for the following reasons:

• You are not in compliance with US laws and regulations
• You are violating the intellectual property rights of a third-party
• You are backing up illegal material or any data that may contain viruses or malicious codes or files such as corrupted files, worms, Trojan horses
• You are deliberately abusing our services with excessive bandwidth and storage usage

This Agreement is effective upon signing up for the Nordic Backup services and remains in effect until the users’ account is terminated.

You agree that, upon such termination, you will destroy and permanently erase all copies of the Software and that your access rights to the Service will immediately terminate.

The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination.

If this Agreement terminates, other than for your failure to comply, Nordic Backup will use commercially reasonable efforts to make your Data available for you to download for a period of three (3) days. Nordic Backup has no obligation to provide you with a copy of your Data and may remove and discard any Data.

Privacy & Communications

You acknowledge and agree that Nordic Backup may occasionally send you administrative communications regarding your account or the Service via email. Please see the Privacy Policy and GDPR Data Processor Agreement, which is incorporated into this Agreement by reference.

Consent to Collect Non-Personal Information; Use of Data

The Software and Service may collect certain non-personally identifiable information that resides on your computer, including, without limitation, statistics relating to how often backups are started and completed, performance metrics relating to the Software, and configuration settings. This information collected will be sent to Nordic Backup and may be used by Nordic Backup without restriction.

When you back up data via the Service, you agree that we and our service providers may copy and store such data as part of the Service.

100% Data Restore Guarantee: Obligations, Conditions and Exclusions

Nordic Backup currently has a 100% restore rate with our customers’ valuable data. We are so confident in our restoration, we will guarantee it. Our 100% Data Restore Guarantee will cover any data loss up to the full value you that you have paid for your storage over the time that you have had your account with us.

In order to be covered by our 100% Data Restore Guarantee policy you must comply with certain obligations and conditions including, without limitation, the following:

• Your backup configuration must be properly set up with successful backup reports of the missing data being backed up by Nordic Backup
• The missing data has to be included in the backup source
• The missing data has to be recorded with no errors in the backup report following the latest backup of the missing data
• The missing data may not have been deleted from the backup, manually, or by a backup job due to the data being deleted on the backup source
• The missing data has to be unrecoverable on the source computer, the backup, and other backup locations. (No coverage if the missing data can be recovered elsewhere)
• You shall promptly, but no later than 30 days notify Nordic Backup that you are missing data or if you are having issues recovering your data
• The 100% Data Restore Guarantee covers loss up to the full value you have paid for your storage usage if we are unable to restore it

Certain exclusions apply. These exclusions include, without limitation, the following:

• Any Loss arising from your dishonest, criminal, malicious, or fraudulent acts
• Any Loss arising from your voluntary disclosure of any code or other security information which was used to gain access to your Account
• Any Loss not reported within 30 days after it is first discovered by you

Disclaimer of Warranties

The Software and Service and any third party Software and Services are provided “as is,” with no warranties whatsoever. Nordic Backup and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights and any warranties regarding the security, reliability, timeliness, and performance of the Software or Service and such third party Software or Services.

You understand and agree that you download and/or use the Software and Service, and all third party Software or Services made available in conjunction with or through the Software or Service, at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the Software or Service and such third party Software and Services.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of Liability

Under no circumstances shall Nordic Backup, or its suppliers, resellers, partners or their respective affiliates be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the Software or Service, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Nordic Backup has been advised of the possibility of such damages).

Without limiting the foregoing, the total aggregate liability of Nordic Backup, and its suppliers, resellers, partners and their respective affiliates arising from or related to this agreement shall not exceed the amount, if any, paid by you to Nordic Backup for the Software or Services. If the Software and Services are provided without charge, then Nordic Backup and its suppliers shall have no liability to you whatsoever.

The foregoing limitations of liability shall apply whether the damages arise from use or misuse of and reliance on the Software or Service, from inability to use the Software or Service, or from the interruption, suspension, or termination of the Software or Service (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental, consequential, or direct damages, so the above limitations and exclusions may not apply to you.

The Software and Service are not intended for use in connection with any nuclear, aviation, mass transit, or medical application or any other inherently dangerous application that could result in death, personal injury, catastrophic damage, or mass destruction, and licensee agrees that licensor will have no liability of any nature as a result of any such use of the software.

Nordic Backup Personal / Home Product limitations

To conserve storage and only backup user data, the following file extensions and folders, including content, will be excluded in the Nordic Backup Personal / Home backup.

Miscellaneous Provisions

You acknowledge and agree that the Software which is the subject of this Agreement, may be controlled for export purposes. You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. If you are located in a country subject to embargo by the United States government, you are not entitled to use the Software or Service.

This agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

The failure of Nordic Backup to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.

This Agreement, which incorporates the Nordic Backup Privacy Policy and GDPR Data Processor Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Nordic Backup.

All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts serving Seminole County, Florida, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit Nordic Backup from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.

You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Nordic Backup. Nordic Backup may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.

March 2019 – Customer Agreement v1.6