Terms of Service

Welcome to DBBackup (infracherry.com).

These Terms of Service ("Terms") govern your access to and use of the DBBackup website, applications, APIs, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

DBBackup provides a cloud-based database backup automation platform designed to help customers schedule, manage, store, and restore database backups. The Service is intended for professional users, including developers, startups, businesses, and organizations.

DBBackup is a backup automation service. It is not a data insurance product, disaster recovery guarantee, business continuity solution, or guarantee against data loss.

You remain responsible for maintaining appropriate operational practices, including verifying that backups complete successfully, periodically testing restoration procedures, maintaining secure credentials, and ensuring that your databases remain accessible to the Service.

These Terms form a legally binding agreement between you and the operator of DBBackup ("DBBackup," "we," "our," or "us").

1. Definitions

• Account means the registered account used to access the Service.
• API means any application programming interface made available by DBBackup.
• Backup means a copy of customer data generated through the Service according to the customer's configuration.
• Customer Data means any data, databases, files, metadata, credentials, configuration information, or other content submitted to, processed by, or stored through the Service by or on behalf of a customer.
• Restore means the process of recovering Customer Data from an available backup using the Service.
• Service means all software, websites, APIs, dashboards, backup infrastructure, storage systems, documentation, and related services provided under the DBBackup brand.
• Subscription means a paid or free plan that grants access to specific Service features.
• User means any individual or entity accessing or using the Service.
• You and your refer to the User accepting these Terms.

References to the singular include the plural where appropriate, and headings are provided solely for convenience and do not affect interpretation.

2. Eligibility and Account Registration

2.1 Eligibility

You may use the Service only if you: are at least eighteen (18) years of age; have the legal capacity to enter into a binding contract; and are not prohibited from using the Service under any applicable laws or regulations.

If you use the Service on behalf of a company, organization, government entity, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, references to "you" and "your" refer to both you and the applicable legal entity.

The Service is intended for professional and business use. It is not designed for use by children.

2.2 Account Registration

To access certain features of the Service, you must create an Account. You agree to provide accurate, complete, and current information and to keep that information updated. We may rely on the information associated with your Account when providing the Service, communicating with you, processing subscriptions, and responding to support requests.

2.3 Account Security

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including passwords, API keys, authentication tokens, recovery codes, and any other credentials used to access the Service. You are responsible for all activities that occur under your Account, whether or not you personally authorized those activities, unless applicable law provides otherwise.

You agree to: choose strong authentication credentials; keep your credentials confidential; protect API keys and other authentication secrets from unauthorized disclosure; promptly revoke or rotate compromised credentials where possible; immediately notify DBBackup if you believe your Account has been accessed without authorization or your credentials have been compromised.

As an additional safeguard, DBBackup may recognize the devices you've previously signed in from and ask for extra confirmation, or notify you by email, when your Account is accessed from a device it doesn't recognize. If you receive such a notification and don't recognize the sign-in, you can use the self-service link provided to immediately sign out every device on your Account and should reset your password promptly afterward. This feature is provided for your convenience and security and does not reduce your own responsibility for securing your Account under this Section.

DBBackup is not responsible for losses resulting from your failure to adequately secure your Account or authentication credentials.

2.4 One Account Per Identity

Unless expressly authorized by DBBackup, you may not create Accounts using false identities, fictitious information, or misleading organizational details, or impersonate another individual or entity. DBBackup reserves the right to request reasonable verification of identity or account ownership where necessary to protect the security and integrity of the Service.

2.5 Organizational Accounts

If an Account is created for an organization, the organization is responsible for managing its authorized users and ensuring that each user complies with these Terms. Actions performed by authorized users under an organizational Account are considered actions of the organization.

2.6 Suspension for Security Reasons

DBBackup may temporarily restrict, suspend, or require additional verification for an Account if we reasonably believe it has been compromised, credentials have been exposed, the Service is being used in violation of these Terms, fraudulent or unauthorized activity is suspected, or continued operation presents a security risk. Where reasonably practicable, we will attempt to notify you; however, we may act immediately without prior notice when necessary.

2.7 No Transfer of Accounts

Accounts are personal to the registered User or authorized legal entity and may not be sold, transferred, assigned, shared, or otherwise made available to another person without DBBackup's prior written authorization.

2.8 Survival of Responsibilities

Your responsibilities relating to Account security, credential protection, unauthorized access, and activities performed under your Account continue for as long as your Account exists and, where applicable, after termination of these Terms to the extent necessary to resolve security incidents, legal obligations, or disputes.

3. The Service and Scope of Services

3.1 Overview of the Service

DBBackup is a cloud-based database backup automation platform enabling customers to configure automated backup workflows, schedule backup operations, securely store backup files, manage retention settings, and initiate supported restore operations. Available features depend on your Subscription plan.

3.2 Nature of the Service

DBBackup is designed to automate backup operations. It is not: a disaster recovery service; a business continuity solution; a cyber insurance provider; a guarantee against data loss; a guarantee of uninterrupted database availability; or a substitute for your own operational controls, security practices, or testing procedures. The existence of a backup does not guarantee that it is complete, accurate, current, recoverable, or suitable for every recovery scenario.

3.3 Customer Responsibility for Backup Verification

You are solely responsible for verifying that your backup schedules are correctly configured, backup jobs complete successfully, backup data is accurate and usable, retention settings satisfy your requirements, and restore procedures function as expected. Regular testing of backup integrity and restoration procedures is an essential operational responsibility of every customer. DBBackup does not assume responsibility for losses resulting from a customer's failure to perform such verification.

3.4 Restore Operations

Restore operations depend on numerous factors outside DBBackup's control, including the integrity of the backup data, the availability and condition of the destination environment, customer-provided credentials, database compatibility, network availability, infrastructure availability, permissions granted by the customer, and third-party services and software. DBBackup does not guarantee that any restore operation will be successful, complete, error-free, or suitable for your intended purpose.

3.5 Third-Party Infrastructure

The Service relies on infrastructure, platforms, networks, and services operated by independent third parties. DBBackup does not control these third-party providers and is not responsible for failures, interruptions, delays, security incidents, or other events arising from services operated by third parties.

3.6 Service Availability

We do not guarantee that the Service will be available at all times or operate without interruption. Temporary interruptions do not constitute a breach of these Terms.

3.7 Service Improvements and Changes

DBBackup may introduce, modify, replace, deprecate, or discontinue features from time to time. Where reasonably practicable, material changes will be communicated in advance; immediate changes may be made where necessary for security, legal compliance, or operational reliability.

3.8 Beta and Preview Features

Beta, preview, or experimental features are provided "as is" and "as available," without additional warranties, and may be discontinued at any time.

3.9 No Professional Advice

Information provided through the Service is for general informational purposes only. DBBackup does not provide legal, regulatory, accounting, tax, cybersecurity, compliance, disaster recovery, or business continuity advice.

4. Customer Responsibilities

4.1 General Responsibilities

You are responsible for your use of the Service and for compliance with these Terms and all applicable laws. Your use of DBBackup does not transfer responsibility for your databases, infrastructure, or business continuity planning to DBBackup.

4.2 Database Access and Configuration

You are solely responsible for providing and maintaining accurate and functional database connection information, credentials, permissions, network access, and configuration. DBBackup is not responsible for failures resulting from customer-controlled environments or configuration errors.

4.3 Backup Verification and Restore Testing

You are responsible for regularly monitoring backup activity and periodically testing restoration procedures. Successful creation of a backup does not eliminate the need for routine validation and restore testing.

4.4 Protection of Credentials

You are responsible for protecting all credentials used with the Service. DBBackup is not responsible for unauthorized access resulting from compromised customer credentials.

4.5 Customer Data

You retain responsibility for all Customer Data. You represent that you own it or have all necessary rights to use it with the Service, and that your use does not violate any law, regulation, or third-party right. DBBackup does not assume ownership of Customer Data.

4.6 Compliance with Laws

You are solely responsible for ensuring that your use of the Service complies with applicable laws, including privacy, data protection, cybersecurity, export controls, sanctions, taxation, and industry-specific compliance requirements.

4.7 Monitoring Storage and Retention

You are responsible for configuring and reviewing your backup schedules, storage utilization, retention policies, and recovery objectives. DBBackup is not responsible for backups deleted in accordance with customer-configured retention settings.

4.8 Security Responsibilities

You are responsible for maintaining appropriate security measures within your own environment, including restricting administrative access, applying security patches, and implementing MFA where available.

4.9 Responsible Use of the Service

You agree not to interfere with the stability, availability, integrity, or security of the Service. Additional prohibited activities are described in Section 6 (Acceptable Use).

4.10 Customer Cooperation

You agree to reasonably cooperate with DBBackup to investigate security incidents, resolve technical issues, verify account ownership, or comply with legal obligations.

4.11 Responsibility for Third-Party Integrations

DBBackup is not responsible for failures, incompatibilities, or interruptions caused by third-party systems or configuration changes outside our reasonable control.

4.12 Continuing Responsibilities

Your responsibilities under this Section survive suspension or termination for as long as reasonably necessary to resolve outstanding obligations, legal requirements, or disputes.

5. Subscriptions, Billing, Taxes, and Payment Terms

5.1 Subscription Plans

Features, usage limits, storage capacity, and other capabilities depend on your Subscription plan. We may modify, replace, introduce, or discontinue plans from time to time.

DBBackup currently offers the following plans:

• Free — $0/month. 1 database connection, weekly backups, 5 backups retained per connection.
• Easy — $9.99/month. 1 database connection, daily backups, 7 backups retained per connection.
• Lite — $39.99/month. Up to 5 database connections, daily backups, 15 backups retained per connection.
• Pro — $79.99/month. Up to 20 database connections, hourly backups, 30 backups retained per connection.
• Max — $249.99/month. Up to 100 database connections, hourly backups, 100 backups retained per connection.

Plan features, limits, and pricing are also described on our Pricing page and may be updated from time to time.

5.2 Billing Cycle

Paid Subscriptions are billed in advance on a recurring basis according to the selected billing interval.

5.3 Automatic Renewal

Paid Subscriptions automatically renew unless cancelled before renewal. Cancellation prevents future renewals but does not automatically generate refunds.

5.4 Pricing

Prices may change from time to time; changes to existing recurring Subscriptions generally apply from a future renewal period after reasonable notice.

5.5 Payment Processing

Payments are processed by independent third-party payment providers. DBBackup does not store full payment card information.

5.6 Taxes

Subscription fees do not include applicable taxes unless expressly stated. You are responsible for applicable sales tax, VAT, GST, or similar charges.

5.7 Payment Failures

If payment cannot be completed, DBBackup may retry the payment, suspend paid features, downgrade the Account, suspend backups, or terminate the Subscription if unresolved within a reasonable period.

5.8 Account Suspension for Non-Payment

Failure to maintain an active paid Subscription may result in reduced functionality, storage limitations, or eventual deletion of data per applicable retention policies.

5.9 Refunds

Refund eligibility is governed by the Refund Policy (Section 25), incorporated by reference.

5.10 Chargebacks and Payment Disputes

Knowingly submitting fraudulent or abusive payment disputes may result in suspension or termination of your Account.

5.11 No Guarantee of Future Pricing

Nothing guarantees that any current plan, pricing, or feature bundle will remain available in the future.

5.12 Billing Records

You are responsible for reviewing your invoices and billing information and reporting errors within a reasonable time.

5.13 Survival

Obligations relating to outstanding payments, taxes, billing disputes, and chargebacks survive termination of these Terms.

6. Acceptable Use

6.1 Purpose

DBBackup is intended for legitimate business and professional use. Violation of this Section may result in suspension or termination of your Account.

6.2 Lawful Use

You may use the Service only for lawful purposes and agree not to violate applicable laws, infringe others' rights, or facilitate unlawful or fraudulent activity.

6.3 Unauthorized Access

You may not attempt unauthorized access, bypass authentication, exploit vulnerabilities, or probe the Service without prior written authorization.

6.4 Abuse of the Service

You may not overload infrastructure, disrupt other customers, or engage in activity that materially degrades Service performance. DBBackup may implement rate limits, quotas, or automated abuse detection.

6.5 API Usage

If you use the API, you agree to comply with API documentation, protect API credentials, respect rate limits, and promptly revoke compromised credentials.

6.6 Illegal or Harmful Content

You may not use the Service in connection with databases or content that facilitate fraud, malware, phishing, IP infringement, or violate sanctions/export laws.

6.7 Circumvention

You may not attempt to circumvent subscription limitations, quotas, billing systems, or security controls.

6.8 Reverse Engineering

Except where applicable law expressly permits, you may not reverse engineer, decompile, or attempt to derive source code from the Service.

6.9 Resale and Unauthorized Commercial Use

Unless expressly authorized, you may not resell, sublicense, or operate the Service as a managed platform for third parties under your own branding.

6.10 Security Testing

You may not conduct penetration testing or vulnerability scanning against the Service without prior written authorization.

6.11 Enforcement

DBBackup may issue warnings, restrict features, rotate credentials, suspend accounts, or cooperate with lawful governmental requests in response to violations.

6.12 No Obligation to Monitor

DBBackup is not obligated to proactively monitor all customer activity or Customer Data.

6.13 Reporting Abuse

Users are encouraged to report suspected abuse or violations. Knowingly false reports may themselves constitute a violation.

6.14 Survival

Obligations under this Section survive suspension or termination as necessary to investigate violations or enforce these Terms.

7. Additional Service Protections

7.1 Automated Systems

DBBackup may use automated systems for security, fraud detection, and operational insights. Outputs are informational only, not a substitute for independent judgment.

7.2 Competitive Benchmarking

Except with prior written consent, you may not use the Service primarily for competitive benchmarking or developing a competing product.

7.3 Abuse of Customer Support

You agree to interact respectfully with DBBackup personnel; abusive conduct may result in limited support.

7.4 Sanctions Compliance

You represent that your use does not violate applicable sanctions, trade restrictions, or export control laws.

7.5 Export Controls

You agree to comply with applicable export control and re-export laws.

7.6 High-Risk Activities

The Service is not intended for use in life-critical systems (medical, aviation, nuclear, emergency response) where failure could cause death or serious injury.

7.7 Automated Abuse Detection

DBBackup may employ automated tools to detect and respond to abuse, fraud, or security threats, including temporary protective measures.

7.8 Reservation of Rights

DBBackup reserves all rights not expressly granted. Failure to enforce a provision does not waive it.

8. Operational Safeguards and Service Integrity

8.1 No Absolute Security Guarantee

No service can guarantee absolute security. You accept the inherent risks of using internet-connected services.

8.2 No Guarantee of Indefinite Data Preservation

Data availability depends on your Subscription, retention settings, and applicable law. You are responsible for exporting data you wish to preserve.

8.3 Technology Dependencies

DBBackup does not guarantee perpetual compatibility with every technology, platform, or third-party integration.

8.4 Fraud Prevention and Verification

DBBackup may investigate suspected fraud or abuse and request verification information.

8.5 Identity and Organizational Verification

Verification may be required before granting, restoring, or modifying account access.

8.6 Storage Optimization

DBBackup may use compression, deduplication, or similar technologies that do not materially alter Customer Data's contents.

8.7 Emergency Maintenance

Emergency maintenance may occur without advance notice when necessary.

8.8 Security Response Measures

DBBackup may implement temporary protective measures (suspension, credential rotation, traffic blocking) in good faith to protect the Service.

8.9 Preservation of Operational Records

Operational, audit, and security records may be retained for reasonable periods for investigation, dispute resolution, or legal compliance.

8.10 No Fiduciary Relationship

The relationship is solely that of an independent service provider and customer.

8.11 Allocation of Operational Risk

Pricing reflects the allocation of technical, operational, and business risk between the parties.

8.12 Infrastructure Evolution

DBBackup may replace or upgrade infrastructure, hosting providers, or technologies at any time.

8.13 Disaster and Operational Response

DBBackup may take reasonable actions in response to natural disasters, cyberattacks, or widespread disruptions.

8.14 No Continuous Monitoring Obligation

Nothing requires DBBackup to continuously monitor all customer activity.

8.15 Future Technology Neutrality

These Terms remain effective regardless of future technology changes, including AI capabilities DBBackup may adopt.

9. Future-Proofing and Operational Continuity

9.1–9.12

DBBackup continuously evolves its software, infrastructure, cryptographic mechanisms, authentication technologies, and automation systems; these Terms apply equally to successor technologies. DBBackup may migrate infrastructure, adopt new integrations, and respond to emergencies with temporary operational measures, all without requiring amendment of these Terms. Organizational changes (merger, acquisition, incorporation) do not, by themselves, terminate customer rights or obligations. The operational authorities granted to DBBackup under these Terms survive such technological and organizational changes to the extent necessary to preserve the Service's integrity and lawful operation.

10. Intellectual Property

10.1 Ownership of the Service

The Service — including software, source code, interfaces, documentation, APIs, branding, and related technology (excluding Customer Data) — is owned by DBBackup or its licensors.

10.2 Limited License

DBBackup grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, subject to these Terms. You may not distribute, sublicense, reverse-engineer, or use the Service to build a competing product.

10.3 Customer Data

You retain all right, title, and interest in your Customer Data. You grant DBBackup only the limited rights necessary to host, process, store, back up, and restore it in order to provide the Service.

10.4 Feedback

Voluntary feedback you submit may be used by DBBackup without restriction or compensation, on a perpetual, irrevocable, royalty-free basis.

10.5 Open Source Components

Open source components remain governed by their own licenses where they conflict with these Terms.

10.6 Trademarks

The DBBackup name, logo, and branding are DBBackup's property and may not be used without authorization.

10.7 Copyright Protection

Proprietary notices must not be removed or altered.

10.8 Restrictions on Competitive Use

You may not use the Service's non-public functionality to develop a competing product.

10.9–10.10 Reservation and Survival

All rights not expressly granted are reserved. IP-related provisions survive termination for as long as the rights remain legally protected.

11. Third-Party Services

11.1–11.14

The Service relies on independent Third-Party Services (cloud infrastructure, payment processors, communication providers, etc.), which are not owned or controlled by DBBackup. DBBackup is not responsible for the availability, security, or performance of Third-Party Services, and does not guarantee the continued availability of any particular integration. You are responsible for maintaining your own relationships and credentials with any third-party services you connect. DBBackup may replace, add, or discontinue Third-Party Services at any time for operational, security, or legal reasons. These provisions survive termination to the extent necessary to resolve disputes or satisfy legal obligations.

12. Suspension and Termination

12.1 Right to Suspend or Terminate

DBBackup may suspend, restrict, or terminate access where reasonably necessary to protect the Service's security, integrity, or lawful operation.

12.2–12.6 Grounds for Suspension

Grounds include violation of these Terms, security compromise, non-payment, legal requirements, and infrastructure abuse.

12.7 Customer-Initiated Termination

You may terminate your Account at any time; this does not automatically generate a refund or cancel accrued obligations.

12.8 Effect of Termination

Upon termination, your license ends, access may be disabled, and Customer Data becomes subject to applicable retention and deletion procedures (see Section 13).

12.9 Data Following Suspension or Termination

Customer Data may remain temporarily available per applicable retention policies before permanent deletion.

12.10 Immediate Termination

DBBackup may immediately terminate an Account without notice where necessary to prevent harm, protect data, or comply with legal obligations.

12.11 Reinstatement

DBBackup may, at its discretion, permit reinstatement following suspension, subject to verification and resolution of the underlying issue.

12.12–12.14 Records, Survival, No Waiver

Operational and billing records may be retained after termination. Provisions intended to survive termination (payment, IP, confidentiality, liability, dispute resolution, etc.) remain in effect. Failure to act on one violation does not waive DBBackup's right to act on future violations.

13. Data Retention and Deletion

13.1–13.15

You remain responsible for determining what Customer Data is stored, backup frequency, retention settings, and when data should be exported or deleted. DBBackup retains Customer Data during active Subscription per your configured settings; you are solely responsible for exporting data before cancellation, deletion, or expiration of retention periods. Deletion requests may be irreversible. Following suspension or termination, data may remain available for a limited period for export, legal compliance, or dispute resolution before permanent deletion. DBBackup has no obligation to retain Customer Data indefinitely. Deleted data generally cannot be restored. Audit logs, billing records, and security records may be retained separately from Customer Data per operational or legal requirements. These provisions survive termination to the extent necessary to satisfy legal obligations or resolve disputes.

14. Confidentiality

14.1–14.14

Each party may receive confidential or proprietary information from the other, including Customer Data, connection information, credentials, security configurations, and DBBackup's proprietary technology and business information. The receiving party must protect such information with reasonable care and use it only as necessary under these Terms. Exceptions apply for information that is public, independently developed, lawfully received from a third party, or approved for disclosure. Disclosure is permitted where reasonably necessary to comply with law, court orders, or to protect rights and safety. DBBackup will take reasonable steps to bind personnel and subprocessors to appropriate confidentiality obligations. These obligations survive termination for as long as the information remains non-public.

15. Warranty Disclaimer

15.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. DBBackup disclaims all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, and non-infringement, except where such exclusion is prohibited by applicable law.

15.2–15.12

DBBackup does not warrant continuous availability, that every backup will execute successfully or be free from corruption, that restores will always succeed, or that the Service will remain compatible with every database, platform, or technology. No warranty is made regarding absolute security, the availability of Third-Party Services, or that use of the Service alone satisfies your legal or compliance obligations. Information provided through the Service does not constitute professional advice. Beta features are provided without warranty of any kind. You remain solely responsible for verifying backups, testing restores, and maintaining your own security and compliance practices; use of the Service does not transfer these responsibilities to DBBackup, nor does it guarantee any particular business outcome.

15.13–15.15 Jurisdictional Limitations, Interpretation, Survival

Some jurisdictions do not permit exclusion of certain warranties; in such cases, warranties are limited to the minimum extent permitted by law. These disclaimers are an essential part of the risk allocation reflected in the Service's pricing and survive termination of these Terms.

16. Limitation of Liability

16.1 Allocation of Risk

The pricing, features, and commercial terms of the Service reflect a reasonable allocation of risk between the parties. The limitations in this Section form an essential basis of the agreement and apply regardless of legal theory.

16.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DBBACKUP, ITS OWNER, AFFILIATES, SUCCESSORS, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO DBBACKUP FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

If you have not paid any fees to DBBackup during that period, including where you have used the Service exclusively under a free plan, DBBackup's total aggregate liability arising out of or relating to the Service or these Terms shall be zero, except to the extent applicable law requires a minimum recoverable amount, in which case liability is limited to that legally required minimum.

16.3 Excluded Damages

DBBackup shall not be liable for indirect, incidental, consequential, exemplary, special, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, or data, even if advised of the possibility of such damages.

16.4 Backup and Restore Risks

DBBackup shall not be liable for losses arising from unsuccessful, incomplete, or corrupted backups; unsuccessful or delayed restores; customer configuration errors; expired credentials; or failures of Third-Party Services.

16.5 Customer Responsibility

Your failure to verify backups, test restores, or maintain secure credentials may reduce or eliminate DBBackup's liability to the extent permitted by law.

16.6 Third-Party Services

DBBackup is not liable for damages arising from outages or failures of third-party providers or infrastructure.

16.7 Security Incidents

DBBackup is not liable for damages from cyberattacks or security incidents unless directly caused by DBBackup's willful misconduct or gross negligence, where such limitation is not prohibited by law.

16.8 Force Majeure Events

DBBackup is not liable for delays or failures caused by events beyond its reasonable control (Section 18).

16.9–16.14 Multiple Claims, Exclusive Remedies, Time Limitation, No Personal Liability, Jurisdictional Limitations, Independent Allocation

Liability limitations apply collectively across all claims and do not enlarge with multiple claims. Remedies under these Terms are exclusive except where prohibited by law. Claims must be brought within one year of the event giving rise to them. No individual acting on DBBackup's behalf has personal liability solely by reason of their role. Where a jurisdiction prohibits a specific limitation, that limitation applies only to the extent permitted by law, and each limitation in this Section operates independently of the others.

16.15 Survival

This Section survives termination and continues to apply to any claim arising out of or relating to the Service.

17. Indemnification

17.1–17.10

You agree to defend, indemnify, and hold harmless DBBackup from claims arising out of your use or misuse of the Service, violation of these Terms or applicable law, infringement of third-party rights, your Customer Data, or unauthorized use of your Account (unless caused by DBBackup's breach). You represent that you have all necessary rights to your Customer Data and agree to indemnify DBBackup against claims alleging otherwise. DBBackup may assume control of the defense of any covered claim and requires your reasonable cooperation; you may not settle a claim affecting DBBackup without our consent. This obligation does not apply to claims finally determined to result solely from DBBackup's gross negligence or willful misconduct, and survives termination for as long as necessary to resolve claims arising from events during your use of the Service.

18. Force Majeure

18.1–18.10

DBBackup is not liable for delays or failures caused by events beyond its reasonable control, including natural disasters, pandemics, war, government action, internet or cloud infrastructure outages, cyberattacks, and similar events. Affected obligations are suspended for the duration of the event, and DBBackup will use commercially reasonable efforts to mitigate its effects and resume performance once the event no longer materially prevents it. Customers remain responsible for their own disaster recovery planning; a Force Majeure Event does not transfer this responsibility to DBBackup, nor does it constitute a breach, default, or waiver of rights under these Terms. This Section survives termination to the extent necessary to resolve related claims.

19. Export Controls and Sanctions Compliance

19.1–19.10

You agree to comply with applicable export control, trade, and economic sanctions laws, and represent that you are not a restricted person or entity under such laws. You may not use the Service for prohibited military, weapons, or proliferation-related purposes, or in any jurisdiction where such use is prohibited. DBBackup may restrict or suspend access where necessary to comply with export control laws, sanctions regulations, or governmental requests, and does not represent that the Service is legally available in every jurisdiction. These obligations survive termination to the extent necessary to comply with applicable law.

20. Governing Law and Dispute Resolution

20.1 Governing Law

These Terms and any dispute arising out of or relating to the Service shall be governed by the laws of the jurisdiction identified in a future update to this Section, once DBBackup formally establishes a registered business entity and publishes updated legal notice. Until then, the governing law shall be determined by DBBackup's principal place of business as permitted by applicable law.

20.2 Good Faith Resolution

Before commencing arbitration or litigation, the parties agree to attempt good-faith informal resolution, generally within thirty (30) days of written notice describing the dispute.

20.3 Binding Arbitration

Except where prohibited by law, disputes that cannot be resolved informally shall be resolved by binding arbitration rather than in court, before a neutral arbitrator with authority to award any remedy available under applicable law not excluded by these Terms. The arbitrator's decision is final and binding, subject only to rights of review expressly provided by applicable law.

20.4 Venue

Arbitration shall take place in the jurisdiction designated by DBBackup consistent with the governing law provision; remote participation may satisfy venue requirements where permitted.

20.5 Injunctive Relief

Either party may seek injunctive or equitable relief from a court where necessary to protect intellectual property, confidential information, or prevent irreparable harm, without waiving the agreement to arbitrate.

20.6 Class Action Waiver

Disputes shall be resolved on an individual basis only; neither party may participate in a class, collective, or representative action, except where applicable law prohibits this waiver.

20.7 Jury Trial Waiver

Each party knowingly waives any right to a jury trial, to the extent legally enforceable.

20.8–20.11 Time Limitation, Continued Performance, Severability, Survival

Claims must be brought within the applicable limitation period or be permanently barred. The parties will continue performing undisputed obligations during dispute resolution. If any provision of this Section is unenforceable, the rest remains in effect. This Section survives termination and applies to disputes arising after termination.

21. Electronic Communications and Notices

21.1–21.10

By using the Service, you consent to receive communications electronically, which satisfies any legal requirement for written communication. DBBackup may deliver notices via email, your Account dashboard, in-app notifications, or the website. You are responsible for maintaining accurate contact information; DBBackup is not responsible for missed notices due to inaccurate information or delivery issues on your end. Notices are deemed received when delivered or posted, whether or not actually reviewed. Security communications may be sent without prior notice where necessary. Electronic records maintained by DBBackup may be used as evidence in legal proceedings to the extent permitted by law. Official communications are in English; where translations are provided, English controls. This Section survives termination to preserve the validity of electronic records and notices.

22. Miscellaneous Provisions

22.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use provisions, Refund Policy, and any other documents expressly incorporated by reference, constitute the entire agreement between you and DBBackup regarding the Service, superseding prior understandings on the same subject matter.

22.2 Order of Precedence

In case of conflict: (1) an executed written agreement signed by both parties; (2) applicable Order Form or Enterprise Agreement; (3) Data Processing Agreement (where applicable); (4) API Terms; (5) these Terms; (6) Privacy Policy; (7) Security Policy; (8) Refund Policy; (9) Acceptable Use provisions; (10) any other published policy.

22.3 Assignment

You may not assign or transfer your rights under these Terms without DBBackup's written consent. DBBackup may assign these Terms in connection with a merger, acquisition, restructuring, or similar event.

22.4–22.9 No Waiver, Severability, Independent Contractors, No Third-Party Beneficiaries, Headings, Interpretation

Failure to enforce a right is not a waiver. Invalid provisions are modified to the minimum extent necessary to be enforceable, with the rest remaining in effect. The relationship is that of independent contracting parties, not partners, agents, or employees. These Terms benefit only the parties, not third parties. Headings are for convenience only and do not affect interpretation.

22.10–22.20 Future Policies, Successors, Survival, No Reliance, Equitable Interpretation, Amendments, Cumulative Remedies, Good Faith, Future Business Structure

DBBackup may publish supplemental policies that operate alongside these Terms without modifying them. These Terms bind permitted successors and assigns. Provisions intended to survive termination remain in effect. You acknowledge not relying on any representation outside these Terms. These Terms are interpreted fairly according to their plain meaning. Amendments affecting individual customers must be in writing; publication of updated Terms constitutes a valid amendment for future use of the Service. Rights and remedies under these Terms are cumulative. The parties agree to act in good faith. DBBackup may transfer operation of the Service to a future corporate entity without affecting the enforceability of these Terms, provided users are notified per the applicable notice provisions.

23. Contact Information

23.1–23.15

Questions regarding these Terms, the Service, billing, legal matters, security, privacy, or compliance may be directed to DBBackup's published contact channels. Currently, the only official, functioning contact address is support@infracherry.com — this covers customer support, legal notices, privacy inquiries, and security reports alike until dedicated channels are established. No physical mailing address is currently published; nothing in these Terms authorizes use of the owner's personal residential address for correspondence. DBBackup may update its contact information at any time, effective upon publication through the official Service. Official legal communications should be submitted in English. These Terms become effective on the Effective Date above or when you first access the Service, whichever occurs first; continued use after that date constitutes acceptance. If DBBackup later operates through a formal corporate entity, contact and registration details may be updated without affecting the validity of these Terms. These Terms form part of DBBackup's broader legal framework, which may in the future include a Cookie Policy, Security Policy, Subprocessors List, Data Processing Agreement, and other incorporated documents.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, you must not access or use the Service.

24. Enterprise and Future Services

24.1–24.8

DBBackup may introduce additional products, enterprise offerings, APIs, or features in the future; these Terms apply to such future services to the extent compatible with their nature, subject to any supplemental terms. Enterprise customers may enter separately negotiated agreements, which control over these Terms only to the extent of a specific conflict. DBBackup may offer optional professional services under a separate Statement of Work. The Service is expected to evolve, and no specific feature is guaranteed to remain available indefinitely. DBBackup may obtain certifications or compliance attestations in the future; none should be assumed absent explicit publication. DBBackup may operate through affiliated entities or successor organizations without affecting the enforceability of these Terms. These Terms are intended to establish a transparent, fair, and legally balanced relationship between DBBackup and its customers, and nothing in them limits rights or obligations that cannot lawfully be modified under applicable law.

25. Refund Policy Reference

25.1 Separate Refund Policy

DBBackup maintains this Refund Policy governing subscription cancellations, billing practices, refunds, payment disputes, and chargebacks, incorporated into these Terms by reference.

25.2 General Refund Policy

Except where required by applicable law, all purchases, subscription fees, renewal payments, and other charges paid to DBBackup are final and non-refundable. A subscription grants access to the Service, not ownership of any deliverable.

25.3 Cancellation

You may cancel at any time. Cancellation prevents future charges but does not entitle you to a refund for previous payments, the current billing period, or unused features, storage, or subscription time.

25.4 Automatic Renewals

You are responsible for cancelling before the renewal date; failure to do so does not create a refund right unless required by law.

25.5 Service Usage

Once the Service has been used, whether partially or fully — including creating an Account, connecting databases, generating backups, or using any paid feature — no refund shall be required except where applicable law provides otherwise.

25.6 Exceptional Refunds

DBBackup may, at its sole discretion, issue a full or partial refund in exceptional circumstances such as duplicate payments or billing errors attributable to DBBackup. Nothing obligates DBBackup to do so.

25.7 Chargebacks

An unjustified chargeback after receiving Service access may result in suspension, termination, and recovery of unpaid amounts, without limiting your right to dispute unauthorized or fraudulent transactions under applicable law.

25.8 Taxes and Fees

Taxes, banking charges, and similar third-party fees are generally non-refundable unless required by law.

25.9 Applicable Law

Nothing in this Refund Policy limits any non-waivable statutory refund rights; where such rights exist, they prevail over any inconsistent provision here.

25.10 Future Updates

DBBackup may modify this Refund Policy from time to time; material changes will not retroactively affect refund rights already accrued.

25.11 Governing Document

For refund, cancellation, and billing-dispute matters, this Refund Policy governs to the extent of any inconsistency with the rest of these Terms.

25.12 Reservation of Rights

DBBackup reserves the right to investigate and deny refund requests that are fraudulent, abusive, or otherwise inconsistent with this Policy or applicable law.

26. Global Privacy Framework

26.1 Separate Privacy Documentation

DBBackup maintains separate privacy documentation — currently a Privacy Policy, with a Cookie Policy, DPA, Subprocessors List, and other documents to follow as applicable — governing the collection, use, and protection of personal information, incorporated by reference where expressly stated.

26.2 Worldwide Service

DBBackup is intended to be available to customers in multiple countries. Because privacy laws differ, customer rights and DBBackup's obligations may vary by jurisdiction.

26.3 Applicable Privacy Laws

DBBackup intends to design its privacy documentation to support compliance with applicable privacy laws, including the EU GDPR, UK GDPR, CCPA/CPRA, and other applicable regional laws, without representing that every law applies to every customer or activity.

26.4 Privacy Rights

Rights relating to access, correction, deletion, restriction, portability, objection, or consent are governed by the Privacy Policy and applicable privacy laws.

26.5 Controlling Documents

For matters relating to personal information, the Privacy Policy controls in the event of inconsistency with these Terms, except where applicable law requires otherwise.

26.6 Future Privacy Compliance

DBBackup may update its privacy documentation and practices as privacy laws evolve, in accordance with applicable law and the notice provisions of these Terms.