CloudSafe Terms of Service
Last updated: 29th May 2019
Welcome to CloudSafe! Thanks for using our services. We're glad you're trusting us with your backups and disaster recovery requirements.
These Terms of Service ("Terms") apply to your use of CloudSafe's website, products, and services. Please read them carefully and let us know if you have any questions.
By using CloudSafe, you agree to be bound by these Terms. If you're using CloudSafe on behalf of an organization, you agree to these Terms on behalf of that organization.
These terms and conditions of use constitute the entire agreement between CloudSafe and the Customer relating to the services provided by CloudSafe.
The Services we provide
Depending on the type of services you've chosen to use from us, as a customer you may be using service/s that include:
- Online data backup service - typically you (as a customer) will use a program installed on your computer/s so that you can back up your data to our storage platforms (more often than not, on a scheduled basis)
- DRaaS (Disaster Recovery as a Service)
- Cloud Hosted Anti-Ransomware and Anti-Virus
We may, at our discretion, modify the range of services that we decide to provide to you.
All content on CloudSafe is protected by intellectual property laws. You'll find a few different types of content on our service.
- Your Files.
You can back up, host, store, and share your own files on CloudSafe. The materials you upload to CloudSafe are yours and yours alone. You give us permission to use that material solely to do what's necessary to provide our services, including storing, displaying, reproducing, and distributing those materials
to you, and/or anyone authorized by you to access your account and any data stored on our systems that are owned by you and that you've chosen to back up. We don't sell your materials to third parties, and we don't use them for advertising purposes.
You're solely responsible for the files you upload to CloudSafe and assume all risks associated with them, including intellectual property or other legal claims. By storing files with CloudSafe, you represent that you have the necessary rights to that material and that doing so doesn't conflict with any licenses you've granted to others.
CloudSafe's platform may allow you to share your files with others. Please be careful about what you choose to share. CloudSafe doesn't actively monitor the files you upload. However, we have the right to remove files you store with CloudSafe for any reason (such as copyright infringement, we learn the material
is patently unlawful, etc.) We assume no liability for any content that you or anyone else stores with CloudSafe.
- CloudSafe's Content and Brand Features.
CloudSafe may be protected by copyright, trademark, and other laws. CloudSafe gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software we provide you to use our service. This license is for the sole purpose of enabling you to use CloudSafe as permitted by
these Terms. If you violate these Terms, we may terminate this license at our own discretion.
All rights to CloudSafe - except third-party content - are the exclusive property of CloudSafe (and the owner of the CloudSafe service - CloudAfrica Hosting (Pty) Ltd) and its licensors.
Nothing in these Terms authorizes you to use any of CloudSafe trademarks, logos, domain names, manuals, text, software, photographs, graphics, other material contained or made available to the Customer via the Service, or other distinctive brand features except as otherwise permitted by law.
CloudSafe strives to maintain great service. To that end, we require you to respect these limitations, and we may terminate your account if you don't follow them.
- Don't use CloudSafe in a manner that violates any laws, regulations, ordinances, or directives.
- Don't use CloudSafe contrary to our policies.
- Don't use CloudSafe to do anything threatening, abusive, harassing, defamatory, tortious, or invasive of another person's privacy.
- Don't interfere with the proper functioning of any software, hardware, or equipment on CloudSafe.
- Don't engage in any conduct that inhibits anyone else's use or enjoyment of our services, or which we determine may harm CloudSafe or our users.
- Don't monitor or copy any material on CloudSafe, either manually or through automated means (i.e., scraping), without prior written consent.
You agree that if any of the provisions of this agreement is unenforceable then this/these unenforceable provisions will be deemed to be severed from this agreement and the remaining provisions of this agreement will continue in full force and effect.
We're always working to improve CloudSafe and make our services better, so we do reserve some rights. At our sole discretion, we may, at any time with or without notice change, eliminate or restrict access to our services, and modify, suspend, or terminate a user account, if we feel that you have acted in a manner that's contrary to the letter and spirit of this agreement.
CloudSafe is not liable for any damages because of these actions.
You agree to abide by all applicable local, state/provincial, national, and international laws and regulations and you also agree to be solely responsible for all acts or omissions that occur.
We also expect that you'll not interfere or attempt to disrupt any of our services and that you'll respect our intellectual property and not attempt to compromise our services our systems.
You commit to providing us with accurate information that we request during your service sign-up process, and that if this information changes, you'll contact us and notify us accordingly.
Other Sites and Services
CloudSafe may contain links to websites, services, and advertisements that we neither own nor control. We don't endorse or assume responsibility for any third-party sites, information, materials, products, or services.
We value your business and we know your privacy is important to you. Accordingly, we have implemented this Privacy Notice which describes: how we collect and use personal information that you provide to us when you create a CloudSafe account, via our website or Apps; what we do with the information collected; and how you can exercise your privacy rights.
This Privacy Notice applies only to the information collected in respect of your account and does not apply to the content that customers store on our system, including any personal information. CloudSafe will not disclose, move, access or use customer content except as provided in the terms and conditions.
- Who we are
CloudSafe (www.CloudSafe.me) is a branded service for PERSONAL File-based Backups of Laptops and Desktops provided by CloudAfrica Hosting (Pty) Ltd, a South African company (www.cloudafrica.net), and we currently offer various Cloud-based Infrastructure services to a variety of customers, focused in South Africa, and across Africa.
- What personal information do we collect?
- Information you provide to us
When requesting to use CloudSafe's services, we may ask you to provide personal information to us. For example, when you create a CloudSafe account, we will ask you for your email address and a password. We may also ask for your phone number for purposes such as two-factor verification or for sending you service alerts. If you choose to sign up for one of CloudSafe's services, we will ask you for billing information. At times we may ask for other information such as your name or the name of your company name.
During your interaction with CloudSafe, you may choose to provide us with personal information when you email us, chat with us, answer a survey, comment on our blog, or communicate with us through social media services like Twitter or Facebook.
If you refer a friend to CloudSafe, we will ask you for their email address. CloudSafe will then contact your referred friend to determine whether your friend consents to us contacting them.
- Information that we collect automatically
Our Computer Backup service automatically backs up your files to CloudSafe. While the content of your files may include personally identifiable information, both in the content of a file and in metadata, this Privacy Notice, as stated at the outset, only applies to the information collected in respect of
your account and not to the content that you store on our system.
When you use any CloudSafe or CloudAfrica product we may collect certain information automatically from and about your device. This includes data about your software, the operating system you use when accessing our service, your Internet Protocol address, and the date and time of each request
you make to CloudSafe. When you use our backup services, we will also receive information such as the names of external drives, file types transferred, and the number and size of files transferred.
Collecting this information enables us to better diagnose problems with our products, provide customer support more effectively, inform you about operating systems we no longer support as well as ensure the continuous functionality of our products.
- Information that we collect from third parties
We may collect additional information about you from third parties primarily to assist us in understanding how we can maintain and improve the services we offer to better serve you. Third-party tools that we use include Google Analytics which informs CloudSafe about page visits which in turn allows
us to decide if it needs to update certain pages.
- What we do with your personal information
Under no circumstances do we rent, trade or share your address or e-mail address with any other company for their marketing purposes without your consent. We may use the information we collect through our products for a number of reasons, including to:
- provide, operate, optimize and maintain our online platforms, products, and services;
- understand how you use our products and customize your experience;
- set up online accounts;
- process, fulfill, and provide any updates on online orders;
- send you marketing communications we think you'll find valuable, where it is in accordance with your preferences;
- provide customer support via online chat services; deal with your online inquiries and requests sent by email; and provide you with information and access to resources or services that you have requested from us;
- improve the layout, navigation, and content of our online products;
- identify any server problems or other IT or network issues;
- prevent abuse of the products and services we offer; and
- carry out other legitimate business purposes, such as to improve our products and services, as well as other lawful purposes about which we will notify our users and clients.
- Email Communications
From time to time, CloudSafe will communicate with you via email. There are two types of email you may receive:
- Service Emails: These are service-related emails such as confirmation of password change, expiration of credit card, or a reply to a support issue. You cannot opt-out of receiving these messages as they are part of the service which CloudSafe provides to you. To stop receiving all Service Emails, you
must cancel the service and uninstall the CloudSafe software from your devices.
- Marketing Emails: These will include CloudSafe company news, tips-and-tricks, service promotions (e.g., refer-a-friend), and similar types of material. Upon creating a CloudSafe Account you will be able to unsubscribe at any time by using the unsubscribe link provided in any given email.
We will only process personal information in ways that are compatible with the purpose we collected it for or for the purposes you later authorize. Before we use your personal information for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt-out.
- Who we share your information with
We may share and disclose your personally identifiable information only in the limited circumstances described below:
- To vendors and other third-party service providers who require access to your personal information to assist in providing and improving our products e.g. our credit card processor/s who process payments made by you for services that we provide, our accounting platform provider, our
email notification service provider etc.
- We may also disclose your information to third parties: (a) where required by law or regulatory requirement, court order, or other judicial authorization, (b) in response to lawful requests by public authorities, including for the purposes of meeting national security and law enforcement requirements;
(c) in connection with the sale, transfer, merger, bankruptcy, restructuring, or other reorganization of a business; (d) to protect or defend our rights, interests or property, or that of third parties; (e) to investigate any wrongdoing in connection with our products and services; and (f) to protect the
vital interests of an individual.
- To any other person with your consent.
- If you use our services as part of a business, group, or organization where CloudSafe or CloudAfrica was set up by an administrator, the administrator may be able to access and control your account. You'll need to refer to your organization's internal policies for more information.
- We may disclose aggregate, non-identifying information about how our users use CloudSafe or CloudAfrica products.
We take the security of CloudSafe (and your personal information and service-related data) very seriously - we'll do whatever we need to in order to ensure that our systems remain functional and able to deliver the service/s you have subscribed for.
We use appropriate technical and organizational security measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure.
Therefore, we cannot guarantee its absolute security.
Phone & SMS
You may receive messages to verify your phone number and authenticate your login (if you choose that option, and once CloudSafe offers 2-factor authentication). Message & data rates may apply. Reply to the message with HELP for help or STOP to cancel.
CloudSafe is only for users 13 years old and older. If we become aware that a child under 13 has created an account, we will terminate that account.
Fees Paid for Services
We'll notify you of our fee structure for the services we provide on the basis of a fee schedule.
We'll make all customers aware of changes to these fees as and when they occur, and we'll obviously endeavor to minimize the impact of any fee changes affecting our customers.
Unless we've otherwise agreed with you, all customers will pay the fees due for the service/s they want to purchase from us on signing up for the service/s, when those payments become due (this'll vary from service to service, but you'll be well informed of the details when you sign up for the service/s).
Typically, service fees are charged monthly in advance, and customers will be notified accordingly should this not be the case.
We (generally) expect that fees will be paid using a credit card - if you want to make any other arrangements, please contact us at firstname.lastname@example.org.
If you don't pay your fees on time, we'll, unfortunately, have to discontinue your access to our services, and we will have to delete your stored data. Please be aware that once this step is taken, your date and backups are no longer recoverable - ever.
Also, unless we're notified 1 calendar month in advance that you would like to cancel the service/s provided by CloudSafe, your service will renew periodically on the same basis going forward (i.e. if you sign up for a 1-year service plan, every year on the anniversary of that service plan, you'll be billed yearly in advanced for the following year).
The effective date will be the date from which you agree to purchase any services from us - and generally, this is when you sign up and pay for (or commit to paying for) any service that we supply.
We'll start the service to you on registration, or soon thereafter.
Using CloudSafe in an Organization
If you set up CloudSafe for a business, organization, or other groups, you must operate your account consistent with your group's policies. If you are using a CloudSafe service set up by a group administrator, that administrator may be able to access, restrict, terminate, or remove information from your CloudSafe account.
You can cancel your service any time you'd like by simply signing in to your account, but please note that if you choose to cancel a term agreement before the end of that period (e.g. say you decide to cancel in month 8 of a 1-year service subscription), any discounts that may have applied will be recalculated and you'll be retroactively billed for the actual period the service was used for minus whatever discount you received when you signed up.
If you're on a monthly subscription, and you cancel anytime during the month for which the payment has been made, the cancellation will come into effect at the end of the month, and no refunds will be entertained.
Disclaimers, Warranties, and Limitation of Liability
CloudSafe is provided "as is" without any warranties, express or implied.
CloudSafe disclaims all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
Remember that the CloudSafe service is a PERSONAL File-based Backup service (specifically for installation and use on desktop and laptop computers) so if you use the CloudSafe service to back up servers or files hosted on servers (including systems running and/or set up to act as servers, managing access to centralized and/or networked services for one or many users), then CloudSafe is not liable for ANY damages caused to any server/s during the use of the CloudSafe PERSONAL File Backup service.
All customers warrant to us that:
- They will use the service/s we provide with the utmost good faith;
- You've got the legal right and capacity to use (and pay for) our service/s;
- You have no action or claim against us (as a company, our employees, management, directors, and shareholders) that may arise (directly or indirectly) out of the use of our service/s.
At the same time, we warrant to you that we'll always act in good faith and with regard to best practice, in the context of services we provide to you.
To the fullest extent allowed by South African law, CloudSafe won't be held liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (A) your access to, use of, inability to access, or inability to use CloudSafe; (B) any third party conduct or content on CloudSafe, including any defamatory, offensive, or illegal conduct of third parties; (C) any unauthorized access, use, or alteration of your content; or (D) the loss or removal of any of your data stored on the CloudSafe platforms.
Further, due to the nature of the service provided, CloudSafe doesn't represent or warrant, despite our best efforts, that the Service/s or the Customer's use thereof will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components.
We accept NO responsibility for data loss of any kind where the Customer or one of our agents assisting the Customer does NOT select the correct data to back up. You are solely and exclusively responsible for the selection of data to back up and for verifying that the correct data is being backed up on an on-going basis.
In the process of registering for our services, you'll receive a user name and password (and possibly other credentials). It's your responsibility to ensure that you keep these credentials confidential and that you let us know immediately if you believe that these credentials have been compromised in any way.
Note that - by default - we don't encrypt your backups and related data that you store on our platforms while utilizing our services. Our CloudSafe backup software will allow you the option of encrypting your backups, but should you choose to encrypt your backups, please be aware that the encryption key/password you use for this is entirely under your control and falls under your responsibility. Should you forget or lose the encryption key/password, we have NO way of decrypting your data, and if you aren't able to remember/recover your chosen key/password, your data will not be usable and cannot - under
ANY circumstances - be decrypted!
Maintaining the confidentiality of these credentials (username, password, encryption keys, and any and all other credentials) is entirely your responsibility - you are solely responsible for any loss or damage it may suffer as a result of not maintaining the confidentiality of access to its CloudSafe account.
CloudSafe shall not be responsible for unauthorized access to or alteration of transmissions or data, any material or data sent or received or not sent or received, or any transactions or agreements entered into through the use of the Service.
The Customer specifically agrees that CloudSafe is not responsible for any content or data sent using and/or included in the Service. CloudSafe shall back up and store the data uploaded to the CloudSafe storage platform in the condition in which it is uploaded (encrypted - if set up by you - and password protected). For the avoidance of doubt - any data which is incomplete, infected with a virus or has any other defect, will be encrypted with all defects, compressed, and transmitted to the CloudSafe platform. If data is required to be restored to the client, the data will be restored in the same condition, i.e. any defective or
corrupt data will be restored to the client computer.
CloudSafe and/or its suppliers, shareholders, directors, and employees make no representations about the suitability, reliability, availability, timeliness, security, and accuracy of the service/s for any purpose, other than those specified in these Terms and Conditions.
Otherwise than provided for in law, in no event will we (CloudSafe / CloudAfrica Hosting (Pty) Ltd) and/or our suppliers, shareholders, directors, and employees be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of any service/s we provide, with the delay or inability to use the Service/s, the provision of or failure to provide the Service/s, whether based on contract, delict, negligence, strict liability or otherwise, even if we have
been advised of the possibility of such damages.
Your (i.e. the Customer's) ONLY remedy is to discontinue using the Service.
Arbitration and Opt-Out
We'd like to resolve any disputes fairly and quickly. Toward that end, if you have any issue with CloudSafe, please contact us and we'll work with you in good faith to try to resolve the matter.
If we can't solve the dispute informally, and if you are a resident of or have your principal place of business in South Africa, you and CloudSafe agree to resolve any claim against each other through final and binding arbitration, including claims against CloudSafe affiliates, officers, directors, employees and agents, and CloudSafe affiliates, officers, directors, employees and agents.
You and CloudSafe agree to submit the dispute to a single arbitrator facilitated by the Arbitration Foundation of Southern Africa (AFSA - http://www.afsa.co.za), and the location of the arbitration and the allocation of fees and costs shall be determined by AFSA.
The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses.
The arbitrator will decide whether a Dispute can be arbitrated.
If you opt-out of the arbitration agreement (as provided below), or if the arbitration agreement is found to be unenforceable, or if you neither are a resident nor have a principal place of business in South Africa, you agree to resolve any claim you have with CloudSafe exclusively in a court within South Africa, for purpose of litigating all such disputes.
Nothing shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the services.
To the extent permitted by law, you agree to file any claim you may have against CloudSafe within one year after such claim arose. Otherwise, your claim is permanently barred.
Class Action and Trial Waiver
You and CloudSafe agree that each may bring disputes against the other only in an individual capacity and not on behalf of any class of people. You and CloudSafe agree not to participate in a class action, a class-wide arbitration claims brought in a representative capacity, or consolidated claims involving another person's account. You and CloudSafe agree not to combine a claim subject to arbitration under this agreement with a claim that is not eligible for arbitration under this agreement.
Your Right to Opt-Out of Arbitration
You may opt-out of the agreement to arbitrate. If you do so, neither you nor CloudSafe can require the other to participate in an arbitration proceeding. To opt-out, you must notify CloudSafe within 90 days of the date that you first agreed to these Terms. To opt-out by mail, send your written opt-out notice to this address:
CloudSafe Arbitration Opt-Out
c/o CloudAfrica Hosting (Pty) Ltd
P.O. Box 87268, Houghton
Your written opt-out notice must include (1) your name and residence address; (2) the email address associated with your account; (3) a clear statement that you want to opt-out of this arbitration agreement; (4) date sent, and (5) your signature.
Alternatively, you can opt-out online by fully sending an email with the above information to: legal@CloudSafe.me.
This agreement shall be governed by and interpreted in accordance with the laws of South Africa.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CloudSafe as a result of this agreement or use of the Service.
CloudSafe's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of CloudSafe's right to comply with governmental, court, and law enforcement requests.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the parties with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the parties with respect to the Service.
You hereby appoint as your address the physical address as specified in the "contact details" on the customer's CloudSafe website as the Customer's domicilium citandi et executandi for all purposes relating to this agreement.
This agreement may not be ceded by the Customer to any other party.
The clause headings in this agreement are solely used for the convenience of the parties and have no legal or contractual significance.
This agreement constitutes the sole record of the agreement between the parties in relation to the subject matter hereof.
Neither party shall be bound by any representation, warranty, promise, or the like not recorded herein.
No addition to, variation, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of both parties.
This agreement supersedes all prior agreements, undertaking,s and arrangements existing between the parties relating to the subject matter hereof.
No waiver of any provision of these Terms shall be a further or continuing waiver of that term. CloudSafe's failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision.
The Terms may be modified from time to time. The date of the most recent revisions will always be at Terms and Conditions. If we make changes that we believe will substantially alter your rights, we will notify you. You'll agree to accept any changes or revisions to the Terms by continuing to use CloudSafe.
We welcome all questions, concerns, and feedback you might have about these terms. If you have suggestions for us, let us know at legal@CloudSafe.me.