eBackit Terms and License

ebackit TERMS OF USE AND END USER LICENSE AGREEMENT (EULA)

1. 1. Acceptance of Terms

   By downloading, installing, purchasing, or using ebackit, you agree to these Terms of Use. If you do not agree, do not use the software.

2. 2. Purpose of the Software

   ebackit is a general-purpose backup and restore tool designed to help users create, manage, and restore file backups. It is not guaranteed to meet any specific regulatory, business continuity, or data retention requirements.

3. 3. No Warranty and "As Is" Provision

   ebackit is provided to you "as is" and "as available," with all faults and defects and without warranties of any kind, express, implied, statutory, or otherwise. To the maximum extent permitted under applicable law, the developer expressly disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, performance, reliability, accuracy, title, and non-infringement.

4. 4. User Responsibility

   You are solely responsible for how you use ebackit, including all configuration choices, backup destinations, and restore operations.

5. 5. User Must Maintain Redundant Backups

   You agree to maintain at least one additional backup separate from ebackit. No single backup tool or destination should be relied upon as the sole method of data protection. Proper data protection requires multiple, redundant backup copies.

6. 6. User Responsible for Testing Restores

   You are responsible for regularly testing restore operations to confirm that your backup configuration meets your needs. The developer is not liable for restore failures resulting from untested or improperly configured backup sets.

7. 7. User Responsible for Backup Destination

   You are responsible for ensuring that your backup destination is available, writable, secure, and functioning correctly. Backup failures caused by unavailable drives, corrupted storage media, permission issues, or misconfigured destinations are solely your responsibility.

8. 8. User Responsible for Configuration

   Backup success depends on correct user configuration. You are responsible for all settings you apply within ebackit, including selected paths, excluded files, filters, schedules, and permissions. The developer is not responsible for incorrect or incomplete backups caused by user configuration choices.

9. 9. Encryption Responsibility

   ebackit Pro includes built-in encrypted backup support. You are responsible for securely managing your passphrase and encryption settings. The developer is not responsible for unrecoverable backups caused by forgotten passphrases, disabled encryption settings, or weak credential practices.

10. 10. User Responsible for Securing Backup Destinations

    You are solely responsible for securing your backup destinations, including external drives, network shares, cloud storage accounts, and any other storage media used with ebackit. The developer is not liable for unauthorized access, theft, or exposure of data stored in your backup locations.

11. 11. No Responsibility for Third-Party Security

    If you use cloud storage, NAS devices, or other third-party services, your data may be subject to the security practices and policies of those providers. The developer of ebackit is not responsible for the security, reliability, or privacy of third-party services.

12. 12. User Responsible for Access Permissions

    You are responsible for ensuring that your system permissions, user accounts, and access controls are configured correctly. Backup or restore failures caused by insufficient permissions, restricted directories, or misconfigured access settings are solely your responsibility.

13. 13. No Guarantee of Backup or Data Integrity

    The developer does not warrant that the software will be error-free, uninterrupted, or compatible with any other software, applications, systems, or services. You acknowledge that computer file and disk backup operations involve inherent risks of data loss, corruption, or system instability. Backup results may vary depending on your system configuration, hardware reliability, storage media, encryption settings, and user-defined rules. The developer does not guarantee that backups will be complete, error-free, or restorable.

14. 14. No Guarantee of Data Recovery

    ebackit does not guarantee that any file, folder, or backup set will be recoverable. Restore operations may fail due to user configuration, storage media issues, corruption, hardware failure, permission changes, or other external factors beyond the developer's control. You acknowledge that data recovery is not guaranteed and that you are responsible for verifying the integrity of your backups and testing restore operations regularly.

15. 15. Exclusion of Consequential Damages and Limitation of Liability

    To the maximum extent permitted by applicable law, in no event shall the developer of ebackit be liable for any special, incidental, indirect, statutory, or consequential damages whatsoever. This includes, but is not limited to, damages for loss of data, corruption of files, inability to restore files, loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, or any other pecuniary or other loss arising out of or in any way related to the use of or inability to use the software. Your use of ebackit is entirely at your own risk.

16. 16. Maximum Cap on Liability

    Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all direct, general, or contractual damages), the entire liability of the developer under any provision of these terms, and your exclusive remedy for all of the foregoing, shall be strictly limited to the actual amount paid by you for the ebackit software license.

17. 17. Australian Consumer Law Statutory Guarantees

    Nothing in these terms excludes, restricts, or modifies any guarantee, warranty, term, or condition implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) which cannot be lawfully excluded or limited. If the Australian Consumer Law applies to this transaction, the developer's liability for breach of a non-excludable statutory guarantee is strictly limited, at the developer's option, to either:
    (a) the replacement or re-supply of the ebackit software, or
    (b) the refund of the license fee paid by you for the software.

18. 18. No Professional Advice

    ebackit does not provide professional data protection, disaster recovery, or compliance advice. You are responsible for determining whether your backup strategy meets your personal or business requirements.

19. 19. Updates and Changes

    ebackit may be updated, modified, or discontinued at any time without notice. Continued use after updates constitutes acceptance of the modified terms.

20. 20. Termination

    The developer may terminate access to ebackit at any time. You may stop using the software at any time.

21. 21. Governing Law and Jurisdiction

    These terms are governed by, and construed in accordance with, the laws of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and federal courts of Australia sitting in Victoria.

22. 22. Contact

    For questions, go to the contact page.