Terms and Conditions

End User License Agreement

Solutions11 Backup Pro License and Service Agreement.

This agreement (the "Agreement") is a legal agreement between you, either an individual or a single legal entity ("You" or "you"), and Solutions11 Limited ("Solutions11"). This Agreement governs your use of the Solutions11 Backup Pro software distributed with this Agreement, including any updates that may be provided to you and any accompanying written documentation (the "Software") and the Solutions11 Backup Pro service ("Service").

MONEY BACK GUARANTEE

As part of our commitment to our customers, Solutions11 offers a 60 day, 'no quibble' money back guarantee. We are confident that you will not have any problems with our service. However, if you feel that you are not utilising the service or you have any issues with the product, we are happy to refund your annual fee in full. To obtain a refund please write to The Managing Director, Quality Control Department, Solutions11 Limited, Aspect Court, 47 Park Square East, Leeds, LS12NL. All applications for a full refund must be received 60 days from the start date of the service contract. We require proof of postage if the letter does not arrive before the 60 days. We suggest recorded delivery should be applied when sending any documents. Upon receipt of your cancelation letter and request for refund, a support representative will contact you to ensure your data is permanently removed and deleted from our backup servers in all locations and the original payment method used, will be credited with the service charge for the annual fee. PLEASE ENSURE THAT YOU HAVE ADEQUATE BACKUP FACILITIES AS YOUR DATA WILL BE AT RISK IF YOU DO NOT HAVE A COPY OFFSITE.

COOLING OFF PERIOD

If you were sold the product by our telephone sales executives you have a 14 day colling off period. This means you have a right to cancel the service within 14 days and we shall credit all charges back to you.

ACCOUNTS, PASSWORDS, AND 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.

ACCEPTABLE USE AND CONDUCT

You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Solutions11 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 only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Software or service, including but not limited to selling or distributing the Software and/or Service to any third party.

Any unauthorized use of any Solutions11 computer system is a violation of this Agreement and law. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

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 Solutions11 and may be used by Solutions11 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.

CHANGES TO THE SERVICE AND TERMS AND CONDITIONS

Solutions11 reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof in its sole discretion with or without notice.

Solutions11 will use commercially reasonable efforts to notify you of modification, suspension, or discontinuance of the Service either by sending an email to the email address you provide with your registration or by a posting on solutions11.com website. However, in no event will Solutions11 be liable to you or to any third party for any modification, suspension or discontinuance of the Service with or without notice.

Solutions11 reserves the right at any time to modify this Agreement in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on the solutions11.com website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must terminate your account immediately.

USE OF SOFTWARE

Solutions11 Backup Pro is a Software as a Service model. We rent you the license to use the software and our service on a yearly basis.

Subject to the terms and conditions of this Agreement, Solutions11 grants you a non-exclusive, non-transferable, non-sublicensable license to install and execute one (1) copy of the Software (in executable code form only) only on a single computer 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 Solutions11 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, (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 Solutions11'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.

INTELLECTUAL PROPERTY

You acknowledge that Solutions11 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 Solutions11.

If you have comments on the Software or Service or ideas on how to improve them, please visit email support at solutions 11 dot com. Please note that by doing so, you also grant Solutions11 a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Software or Service (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation.

TERM AND TERMINATION

This Agreement is effective upon signing up for the Solutions11 services and remains in effect until the users' account is terminated.

You may terminate this Agreement at any time by destroying the Software and closing your account by following the instructions on the solutions11.com website.

This Agreement automatically terminates if you fail to comply with its terms and conditions. Solutions11 reserves the right to refuse or discontinue participation to any user at any time at its sole discretion.

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, Solutions11 will use commercially reasonable efforts to make your Data available for you to download for a period of three (3) days. Solutions11 has no obligation to provide you with a copy of your Data and may remove and discard any Data.

DISCLAIMER OF WARRANTIES

THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SOLUTIONS11 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 SOLUTIONS11, 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 SOLUTIONS11 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF SOLUTIONS11, 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 SOLUTIONS11 FOR THE SOFTWARE OR SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN SOLUTIONS11 AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. FURTHERMORE, YOU AGREE TO USE SOLUTIONS11 FOR GOOD OR FOR AWESOME.

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). DO NOT TAUNT HAPPY FUN BALL. 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.

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 Lingdom 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 Kingdom export law or regulation. If you are located in a country subject to embargo by the United Kingdom 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 United Kingdom, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction.

The failure of Solutions11 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 Solutions11 Privacy Policy, 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 Solutions11.

All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the United Kingdom and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit Solutions11 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 Solutions11. Solutions11 may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.