1. Ownership

These Terms of Service (the "Terms") govern access to and use of the Enterprise SaaS Backup website, products, and services (collectively, the "Service") provided by Vision & Hope, doing business as Enterprise SaaS Backup ("Company", "we", "us", or "our"). We own all right, title, and interest in and to the Service, including software, documentation, visual interfaces, and trademarks, except for third-party components and Customer Data as defined below.

You retain all rights in your content, files, and data that are backed up, imported, uploaded, transmitted, or otherwise made available through the Service ("Customer Data"). You grant us a limited, worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Data solely to provide, maintain, secure, and improve the Service and to comply with law.

2. Acceptance of Terms

By creating an account, clicking “I agree,” or accessing or using the Service, you accept these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization. You must be at least 18 years old to use the Service.

We may update these Terms from time to time. Material changes will take effect upon posting with an updated effective date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

3. Service Description

The Service is a cloud-based backup and recovery solution for supported SaaS platforms. Features may include automated backups, immutable retention options, granular restore, activity logs, role-based access controls, and administrative dashboards. Specific features and limits depend on your selected plan and region.

• Availability of integrations and restore granularity varies by SaaS platform and API permissions.
• We may add, modify, or discontinue features with reasonable notice where practicable.

3.1. Subscription

Access to the Service is provided on a subscription basis (e.g., per user, per tenant, or tiered usage). Unless otherwise stated in an order form, subscriptions renew automatically for successive terms equal to the initial term, at then-current pricing, unless either party provides notice of non-renewal prior to the end of the current term.

4. Account Information

You must maintain accurate account information and keep your credentials secure. You are responsible for all activities under your account and for ensuring that only authorized individuals access the Service. Notify us promptly of any unauthorized use or security incident you become aware of.

4.1. Registering for an Account

To register, you may be required to provide contact details, organization name, billing information, and assign authorized users. We may verify information you provide and may refuse, suspend, or revoke access for actual or suspected violation of these Terms.

4.2. Your Responsibility for Your Account

You are responsible for: (a) configuration of backup scopes, schedules, and retention; (b) managing user permissions and authentication; (c) ensuring your use complies with applicable laws and third-party terms; and (d) maintaining your own business continuity plans. You must not misuse the Service, attempt to access it by unauthorized means, or interfere with its operation.

5. Price and Taxes

• Fees are set forth at purchase or in an order form and are payable in the currency specified.
• Fees exclude taxes, duties, and similar assessments. You are responsible for all applicable taxes other than taxes on our income.
• We may adjust fees for renewals by providing notice prior to the renewal date.

If your usage exceeds plan limits (e.g., additional protected users, storage tiers, or workloads), overage charges may apply as described at the time of purchase or in your order form.

6. Method of Payment

You authorize us (or our payment processor) to charge all fees due using your provided payment method or to invoice you, as applicable. Invoices are due within the time stated on the invoice. Late payments may incur finance charges or result in suspension or termination of access. You agree to keep your billing information current.

6.1. Refunds

Except where required by law or expressly stated in an order form, all fees are non-refundable. Service credits (if any) issued under an SLA are not refundable and may be applied only to future invoices. Trial or promotional periods may be modified or discontinued at any time.

7. Security

We implement reasonable administrative, technical, and physical safeguards designed to protect the Service and Customer Data, including encryption in transit, access controls, and logging. You acknowledge that no system is completely secure and that residual risk remains. We will notify you of a confirmed security incident affecting your Customer Data as required by law and will cooperate in good faith on reasonable remediation efforts.

Where required, a Data Processing Addendum (DPA) and, if applicable, a Business Associate Agreement (BAA) may be made available upon request to address regional or sector-specific compliance obligations.

8. Changes to These Terms

We may update these Terms to reflect changes to the Service, legal requirements, or business practices. If changes are material, we will provide reasonable notice (e.g., via the Service or email). The updated Terms will be effective as of the stated date. If you do not agree to the changes, you must stop using the Service before they take effect and, if applicable, provide notice of non-renewal.

9. Acceptable Use

You agree not to: (a) use the Service to store or transmit malicious code; (b) probe, scan, or test the vulnerability of the Service or attempt to circumvent security or authentication; (c) reverse engineer, decompile, or create derivative works of the Service except to the extent permitted by law; (d) use the Service to infringe intellectual property or privacy rights; or (e) resell or provide the Service to third parties except as expressly permitted in writing.

10. Data & Backups; Customer Responsibilities

You control what data is selected for backup and the retention policies applied. Restores depend on the availability and behavior of third-party platforms and APIs. While we endeavor to perform scheduled backups and provide restore capabilities, you acknowledge that backup success may be affected by settings, permissions, third-party outages, rate limits, or data corruption that pre-exists in source systems.

11. Intellectual Property

Except for the limited rights expressly granted herein, no rights are transferred. The Service, including all related intellectual property, is and remains the exclusive property of the Company and its licensors. Feedback you provide may be used to develop and improve the Service without obligation or restriction.

12. Warranties & Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR LIABILITY THAT CANNOT BE LIMITED BY LAW, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

14. Indemnification

You will defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your misuse of the Service; (b) your violation of these Terms or applicable law; or (c) Customer Data, including any allegation that Customer Data infringes or violates third-party rights.

15. Suspension & Termination

We may suspend or restrict access immediately if we reasonably believe (a) there is a security risk; (b) you are in breach of these Terms; (c) your use poses a risk to the Service or others; or (d) required by law. Either party may terminate for material breach not cured within thirty (30) days of notice. Upon termination, your access ceases and we may delete Customer Data after any applicable post-termination retention period, except where prohibited by law.

16. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Los Angeles County, California. Each party waives any right to a jury trial to the extent permitted by law.

17. Export & Compliance

You represent that you are not located in, under the control of, or a national or resident of any country or entity on any U.S. Government embargo, sanctions, or denied-party list. You will comply with all applicable export, sanctions, and anti-corruption laws in connection with your use of the Service.

18. Miscellaneous

These Terms constitute the entire agreement between the parties regarding the Service and supersede prior or contemporaneous agreements on the same subject. If any provision is held unenforceable, it will be modified to the extent necessary to make it enforceable, and the remaining provisions will remain in full force. Neither party is liable for delays or failures due to events beyond its reasonable control. You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.

19. How to Contact Us

If you have questions about these Terms, contact us at [email protected].