These Terms form a binding agreement between Server Host Inc., located at 1309 STE1200, Coffeen Avenue, Sheridan, WY 82801, USA (“MaxBackups,” “Provider,” “we,” “us,” or “our”), and the person or entity accepting them (“Customer,” “you,” or “your”). By creating an account, purchasing, installing, or using the Service, you accept these Terms.
1. Eligibility and authority
You must be at least 18 years old and legally competent to contract. If acting for an organisation, you represent that you have authority to bind it. You shall provide accurate information, maintain account security, and remain responsible for all activity under the account and enrolled devices.
2. Service
MaxBackups provides software and managed infrastructure for scheduled, encrypted, file-level backup, version retention, and restore on supported systems. The Service is not bare-metal imaging, an archival guarantee, or a substitute for all business-continuity controls. Features, limits, supported systems, and retention vary by plan and documentation.
You are solely responsible for selecting data and schedules, monitoring job status, maintaining sufficient entitlement and connectivity, testing restores, and retaining any independent copies reasonably required by your risk profile or law.
3. Accounts and administrators
Organisational administrators may enrol, configure, suspend, and remove devices; view service metadata; and control backup or restore operations within their account. Users acknowledge that the subscribing organisation, not an individual device user, may control such data and instructions.
4. Licence
Subject to payment and compliance, Provider grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence during the subscription term to install and use the client software solely with the Service. Customer shall not reverse engineer, circumvent controls, extract credentials, resell access, or use the Service to develop or benchmark a competing service, except to the extent a restriction is prohibited by law.
5. Customer data
Customer retains ownership of data submitted to the Service and grants Provider and its processors a worldwide, non-exclusive licence to host, copy, encrypt, transmit, restore, and otherwise process such data solely to provide, secure, support, and comply with law concerning the Service. Customer warrants that it has all rights and notices necessary to submit the data and authorise such processing.
The Service uses managed key custody and is not zero-knowledge. Data practices are further described in the Privacy Policy.
6. Fees, taxes, and renewal
Fees are charged in advance in the currency, amount, and billing cycle displayed at purchase. Taxes are additional where applicable. Subscriptions renew automatically for successive periods unless cancelled before renewal through the customer portal. Customer authorises recurring charges to the selected payment method. Provider may suspend the Service for failed or overdue payment.
Plan, storage, and device changes may change charges immediately or from the next billing period as disclosed during checkout. Except as stated in the Refund Policy or required by law, fees are non-refundable and unused time is not credited.
7. Acceptable use
Customer shall comply with the Acceptable Use Policy, which is incorporated into these Terms. Provider may investigate suspected violations and restrict, suspend, or terminate affected access where reasonably necessary to prevent harm or comply with law.
8. Availability and changes
Provider may modify the Service, impose reasonable technical limits, perform maintenance, or discontinue a feature. We will provide reasonable notice of a material reduction where practicable. No uninterrupted, error-free, or permanently recoverable operation is warranted. Beta, preview, or evaluation features are provided as available and may be changed or withdrawn without liability.
9. Backup and restoration risk
Backup success indicators do not eliminate the risk of source corruption, exclusion, credential loss, malware, network failure, platform restrictions, retention expiry, or latent restore failure. Customer must review status and periodically test restoration. Provider does not warrant that every file, version, attribute, permission, or application state will be captured or restorable.
10. Confidentiality
Each party shall protect the other’s non-public information using reasonable care and use it only to perform or enforce this agreement. This obligation excludes information lawfully public, previously known without restriction, independently developed, or rightfully received from another source. Compelled disclosure is permitted where legally required.
11. Intellectual property
Provider and its licensors retain all rights in the Service, software, documentation, marks, and derivative works. No rights are granted except expressly stated. Feedback may be used without restriction or obligation, provided it does not identify Customer publicly without permission.
12. Suspension and termination
Customer may cancel through the portal. Cancellation ordinarily takes effect at the end of the paid term. Provider may suspend or terminate for material breach, non-payment, security risk, unlawful use, AUP violation, or where continued provision is impracticable or legally prohibited. Immediate action is permitted where delay may cause harm.
Upon termination, the licence ends and access may cease. Customer must restore or export required data before termination. Provider may delete Customer data after the applicable retention period and has no duty to preserve it except as required by law.
13. Disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available.” Provider disclaims all express, implied, statutory, and other warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, security, and recoverability. No advice creates a warranty not stated in these Terms.
14. Limitation of liability
To the maximum extent permitted by law, neither Provider nor its affiliates, personnel, or suppliers shall be liable for indirect, incidental, special, exemplary, punitive, or consequential loss; loss of profit, revenue, goodwill, opportunity, or anticipated savings; or loss, corruption, or unavailability of data, even if advised of the possibility.
Provider’s aggregate liability arising out of or relating to the Service shall not exceed the fees paid by Customer for the affected Service during the 12 months preceding the event giving rise to liability.
15. Indemnity
Customer shall defend, indemnify, and hold harmless Provider and its affiliates, personnel, and suppliers from third-party claims, losses, and reasonable costs arising from Customer data, unlawful use, breach of these Terms, or infringement of another’s rights, except to the extent caused by Provider’s wilful misconduct.
16. Governing law and disputes
These Terms are governed by the laws of India, without regard to conflict-of-law principles. Subject to mandatory consumer rights, the courts of competent jurisdiction for Provider’s registered office shall have exclusive jurisdiction. Before filing a claim, each party shall give written notice and attempt good-faith resolution for 30 days.
17. General
Neither party is liable for delay caused by events beyond reasonable control. Customer may not assign these Terms without consent; Provider may assign them to an affiliate or in connection with a reorganisation or transfer of the Service. If any provision is unenforceable, it is modified to the minimum extent necessary and the remainder survives. Failure to enforce is not waiver. These Terms, incorporated policies, order details, and any signed data-processing agreement constitute the entire agreement.
18. Amendments and notices
Provider may amend these Terms by posting a revised version. Material adverse changes will receive reasonable prior notice where required. Continued use after the effective date constitutes acceptance. Legal notices to Provider must be submitted through the authenticated support facilities at maxbackups.cenmax.in. Notices to Customer may be sent to the registered email or displayed in the Service.