Terms & Conditions

Legal Compliance

You agree to comply with all applicable laws, regulations, and ordinances when using our services:

• 1. You must comply with all federal, state, and local laws applicable to your use of our services
• 2. You are responsible for ensuring your data backup practices comply with industry regulations
• 3. You must not use our services for any unlawful purpose or in violation of these terms
• 4. You agree to comply with all applicable data protection and privacy laws

Content Guidelines and Restrictions

Regarding the data you backup with our services, you agree that:

• Your data must not contain illegal content or violate any applicable laws
• You will not backup content that infringes on intellectual property rights of others
• You have all necessary rights and permissions to backup the data you store with us
• Your content will not contain malicious code, viruses, or harmful software

Age Restrictions and Requirements

Our services are intended for use by individuals aged 18 years or older. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian. By using our services, you represent and warrant that you meet these age requirements.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Safe Keep, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or in any way connected with your access to or use of our services, your violation of these terms, or your infringement of any intellectual property or other rights of any third party.

Consequential Damages Exclusion

Under no circumstances shall Safe Keep be liable for any consequential, incidental, indirect, exemplary, punitive, or special damages, including but not limited to lost profits or revenues, costs of replacement services, loss or damage to data, or claims by third parties, even if we have been advised of the possibility of such damages. This exclusion applies to all causes of action in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other torts.

Force Majeure Provisions

Safe Keep shall not be liable for any failure or delay in performance under these terms due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather conditions
• War, terrorism, civil unrest, or government actions
• Internet or telecommunications failures not caused by us
• Strikes, labor disputes, or supplier failures
• Power outages, hardware failures, or cyber attacks

Data Loss and Recovery

While we implement industry-standard backup and recovery procedures, we cannot guarantee that data loss will never occur. You acknowledge that you are responsible for maintaining your own independent backups of critical data. We strongly recommend maintaining redundant backup systems and regularly testing your recovery procedures. Safe Keep shall not be liable for any data loss, corruption, or recovery failures, regardless of cause.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington, for the resolution of any disputes arising from or relating to these terms or your use of our services.

Dispute Resolution Procedures

In the event of any dispute, claim, or controversy arising from or relating to these terms or our services:

• 1. Initial Communication: You agree to first contact us directly to seek informal resolution of the dispute
• 2. Negotiation Period: Both parties agree to negotiate in good faith for a period of thirty days
• 3. Mediation: If informal resolution fails, both parties agree to attempt mediation before pursuing litigation
• 4. Arbitration: Any disputes not resolved through mediation may be subject to binding arbitration as mutually agreed
• 5. Litigation: As a last resort, disputes may be brought before the courts identified in the governing law section

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Safe Keep. If this waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Severability Clause

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.

Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time:

• Changes will be posted to this page with an updated revision date
• Material changes will be communicated via email or prominent website notice
• Your continued use after changes constitutes acceptance of modified terms
• If you disagree with modifications, you may discontinue use of our services

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices or agreements published on our website, constitute the entire agreement between you and Safe Keep concerning your use of our services. These terms supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Safe Keep.

Assignment and Transfer

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights and obligations under these terms at any time, including in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent or prior notice.

Waiver

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. Any waiver of any provision of these terms will be effective only if in writing and signed by Safe Keep. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default.

Third-Party Rights

These Terms and Conditions do not create any third-party beneficiary rights. Nothing in these terms shall be construed to create any obligation to or rights in any third parties not expressly named as parties to this agreement.

Survival

All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.