Terms of Service

1. Acceptance

These Terms of Service ("Terms") form a binding agreement between you and the publisher of UziBackup ("we", "us"), governing your use of the UziBackup application and this website (together, "the app"). By downloading, installing or using the app you accept these Terms. If you do not accept them, do not use the app.

Our Privacy Policy is incorporated into these Terms by reference. We will provide our full business details, including our registered name and address, on request, and to any court or authority entitled to them.

2. Licence

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on Mac computers that you own or control, for as long as you comply with these Terms. That is a licence, not a sale: we and our licensors retain all rights not expressly granted.

You may use the app for personal or internal business purposes, including within an organisation, provided each user complies with these Terms.

3. What you may not do

You must not:

• sell, rent, sublicense, or distribute the app, or make it available to third parties as a service;
• reverse engineer, decompile or disassemble the app, or attempt to derive its source code, except to the extent that applicable law expressly permits this despite this restriction;
• remove or obscure any copyright, trademark or other proprietary notice;
• use the app to access any Google account or data you are not authorised to access;
• use the app to infringe anyone's rights, or in breach of any applicable law, including data protection and copyright law; or
• circumvent or interfere with any security or access control in the app or in the services it connects to.

4. Eligibility and your account

You must be at least 16 years old, and old enough to form a binding contract where you live, to use the app. If you use the app on behalf of an organisation, you confirm you are authorised to accept these Terms for that organisation, and "you" includes it.

We operate no accounts. Your credentials belong to Google, and keeping them and your Mac secure is your responsibility.

5. Google and other third parties

We are not affiliated with, endorsed by, or sponsored by Google. Google Drive, Google Docs, Google Sheets, Google Slides and Gmail are trademarks of Google LLC, used here only to describe compatibility.

Your use of Google's services remains governed by your agreement with Google. Google may change, rate-limit, deprecate or withdraw its APIs, alter its policies, or suspend access at any time, and any of these may stop the app from working in whole or in part. We do not control this and are not responsible for it, though we will make reasonable efforts to adapt the app when it happens.

The app relies on your destination storage — internal disks, external disks and network volumes — which we likewise do not control and are not responsible for.

6. Your responsibilities

You are responsible for:

• choosing backup destinations with enough free space, and keeping them connected and healthy;
• verifying that your backups are complete and restorable, periodically and before you rely on them;
• keeping at least one additional independent copy of anything you cannot afford to lose, ideally in another physical location;
• securing the destination volume, including encrypting it if the files are sensitive; and
• having the right to copy the files you back up, including any shared with you by other people.

7. No guarantee of backup or restoration

The app is not a guarantee against data loss, and must not be your only copy. We do not warrant that any backup will start, complete, be accurate, be complete, be free of corruption, or be capable of being restored. Backups can fail, silently and without notice, for reasons including disk failure, file system errors, network interruption, power loss, permission changes, API errors or rate limits imposed by Google, changes to file formats, operating system changes, defects in the app, and conditions nobody anticipated.

Conversion of Google Docs, Sheets and Slides into Office formats is performed by Google's export APIs. Exported files are a rendering, not the original: formatting, comments, revision history, embedded objects, scripts and other features may be altered or lost. Do not treat an exported file as a faithful reproduction of the Google original.

You accept that the risk of data loss rests with you, and that the mitigations in section 6 — independent copies, and periodic verification that a restore actually works — are yours to carry out. Nothing in this section limits any liability that cannot be limited by law.

8. Disclaimer of warranties

The app is provided "as is" and "as available", without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade. We do not warrant that the app will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that it will be compatible with any particular hardware, operating system version or storage device.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. If you are a consumer, you may have legal rights that these Terms cannot exclude or limit, and nothing here affects them.

9. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, loss of profits, loss of revenue, loss of business, loss of goodwill, or cost of substitute services, arising out of or relating to the app, whether in contract, tort (including negligence), strict liability or otherwise, and whether or not we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to the app will not exceed the greater of the total amount you paid us for the app in the twelve months before the event giving rise to the claim, or fifty United States dollars (US$50).

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you.

These limits are a fundamental basis of the bargain: the app is provided free of charge, and we could not offer it on these terms without them.

10. Indemnity

You will indemnify and hold us harmless from any claim, demand, loss, liability or expense (including reasonable legal fees) brought by a third party and arising out of your use of the app in breach of these Terms or of applicable law, including any claim that you copied, retained or disclosed files you had no right to. This does not apply to the extent the claim arises from our own breach of these Terms or our negligence, and does not apply where you are a consumer and the law does not permit it.

11. Price and changes to the app

The app is currently provided free of charge. We may in future introduce paid versions or paid features. If we do, we will not begin charging for a feature you already rely on without giving reasonable advance notice and the opportunity to decline.

We may add, change or remove features, and may discontinue the app entirely. If we discontinue it we will give reasonable notice where practicable. Your backups are ordinary files on your own disks and remain readable without the app.

12. Updates

The app checks whether a newer version has been published and can tell you when one exists. Updates may add, change or remove features, and may be required for the app to keep working with Google's APIs. Installing an update means these Terms, as they stand at that time, apply to the updated version.

13. Third-party software

The app includes third-party open-source components, notably rclone, which is licensed under the MIT Licence. Those components are governed by their own licences, which are reproduced in the third-party notices distributed with the app. Where a third-party licence grants you rights that conflict with these Terms, that licence prevails for that component.

14. Intellectual property

The app, its name, logo, interface and content are owned by us or our licensors and are protected by copyright, trademark and other laws. These Terms grant you no rights in our trademarks.

We claim no ownership of your files. They are yours; we neither receive nor store them.

15. Termination

You may terminate this agreement at any time by uninstalling the app and revoking its access at myaccount.google.com/permissions.

Your licence terminates automatically if you materially breach these Terms. On termination you must stop using the app and delete it. Sections 7 to 10 and 14 to 19 survive termination.

16. Export and sanctions

You confirm that you are not located in a country subject to comprehensive trade sanctions and are not on any government list of prohibited or restricted parties, and that you will not use or export the app in breach of applicable export control or sanctions laws.

17. Changes to these terms

We may update these Terms. The effective date at the top always reflects the current version. For material changes we will give notice in the app or on this site before they take effect. Continuing to use the app after that means you accept the updated Terms; if you do not accept them, stop using the app.

18. Governing law and disputes

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable there, without regard to conflict of laws rules. The courts of the Province of Quebec, sitting in the judicial district of Montreal, have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the app.

If you are a consumer, this clause does not deprive you of the protection of the mandatory laws of your place of residence, nor of your right to bring proceedings in your local courts. Consumers resident in Quebec keep the protections of the Consumer Protection Act (Quebec) and the right, under article 3149 of the Civil Code of Quebec, to bring an action before the Quebec courts regardless of anything above. Consumers resident in the European Union or the United Kingdom keep the equivalent protections of their own law.

Before starting formal proceedings, please contact us — most issues are resolved faster that way.

19. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between us about the app and supersede any prior understanding.
• Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary to make it enforceable, or severed, and the rest remains in force.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to a successor in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control.
• No third-party rights. No one other than you and us has any right to enforce these Terms.
• Headings. Headings are for convenience and do not affect interpretation.

20. Contact

Notices, questions and disputes go to [email protected]. If you need to serve something by post, ask and we will give you an address.

See also our Privacy Policy.