Terms and Conditions
Please read this agreement carefully...
BackupGenie Terms and Conditions and License Agreement
These are the terms you agree to when you use BackupGenie. They explain (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights BackupGenie has if you do something which is not allowed when using our Services; and (iv) many other important terms. This is a legal contract between you and BackupGenie and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us .
Eligibility and Registration: This section describes the eligibility criteria we require from all of our users. When you register to use our Services, we need to make sure that you are able to legally contract with BackupGenie, for example, you are old enough and not in a country, or a person, subject to sanctions which BackupGenie is prohibited from contracting with.
We always want to deliver the best to our customers and must comply with law. This means that we might, every so often, need to make changes to our Services or this Agreement. Unless the change is required immediately for legal or security reasons, we will provide you with prior notice of the change and, if the change adversely impacts you, you will have a right to terminate the Services following the change.
In exchange for the various rights BackupGenie grants you under this Agreement, there are certain things we require from you and certain obligations and restrictions we need you to comply with. Most importantly, you need to purchase a service plan for each device you want to back-up using our service and, if you reach the storage limit for your plan, either upgrade your plan or purchase additional storage before you will be able to backup additional data.
We also need to prohibit certain activities which could affect our other users or which are unlawful. You are required to use the Services in accordance with our Acceptable Use Policy .
We provide 24/7 technical support by email and chat, and 24 hour billing support by phone. You can purchase priority support to ensure your response is prioritised.
Our service plans are all for a fixed period of time (e.g. 1 month, 6 months, 12 months or 24 months) unless otherwise expressly provided. To ensure your computer and important files remain backed up, these terms will automatically renew 15 days before the end of your current service plan. This section explains this process in more detail to ensure that your files are backed up by BackupGenie for as long as you want them to be!
BackupGenie offers a great range of service plans providing Services to suit everyone’s needs and at prices to suit everyone’s pockets. The service charges you pay are based on the service plan you choose, the number of devices you wish to back-up and any additional services you order. All payments are taken, in advance, for the full term of your service plan (e.g., monthly, 6, 12 or 24 months).
Even though we do not want you to, we know that one day
you might want to leave BackupGenie. You can cancel your account at any time by following the process described here
and receive a pro-rata refund of fees paid for your remaining service term.
After your first 30 days, we are unable to refund fees for additional services where you terminate without cause.
If your use of the Services is in breach of key terms of this Agreement or would be detrimental to our servers or networks, BackupGenie may terminate your use of the Services without refund.
This section of the Agreement describes how we store the data you voluntarily choose to back-up with us. Unless we are required by law to retain your data for a longer period, we delete your backup data, or place it in the queue for deletion, within approximately (i) twenty-four (24) hours of you deleting your data through your use of the Services; (ii) in those limited circumstances where BackupGenie may have to terminate your account, twenty-four (24) hours of such termination; and (iii) thirty (30) days of you choosing not to renew, or not paying for renewal of, your Services. Once your data has been queued for deletion, it cannot be retrieved by BackupGenie.
BackupGenie works hard to perform its Services to you and, if we do not or if something goes wrong, you may have a right to monetary remedies from BackupGenie.
We do our best to keep our customers satisfied and, if you have a complaint or concern about the Services you are receiving, we would like you to contact us. If BackupGenie cannot adequately deal with your dispute, you may escalate your dispute to the courts or to an alternative dispute resolution body.
BackupGenie may modify this Agreement, from time to time to reflect changes in or requirements of the law or modifications or updates to the Services. BackupGenie will notify you if such change materially affects your rights under this Agreement. Changes will not apply retrospectively and, unless the change is required immediately for legal or security reasons, notice of the modified terms will be provided a reasonable period prior to the changes taking effect. If you do not agree to be bound by this Agreement, our Policies or any subsequent modifications, you must stop using the Services (see Cancellation and Termination).
Eligibility, Registration and Account Security
The Services are intended solely for users who are eighteen (18) years of age or older (or over the age of majority in your country if it is higher than 18). If you are under eighteen (18) years of age (or, if higher than 18, the age of majority in your country) and register to use the Services or access the Services, you are in breach of this Agreement. By registering for or using the Services, you represent and warrant that you are at least eighteen (18) years of age and are over the age of majority in your country of residence.
If you are registering for and using the Services on behalf of another party, entity or organization, you warrant and represent that you are authorized to bind such party, entity or organization to this Agreement and to act on behalf of such party, entity or organization with respect to any actions you take in connection with the Services.
You agree to provide accurate and complete information when you register for the Services and you agree to keep such information accurate and complete during the entire time that you use the Services. You are solely responsible for maintaining the confidentiality of your username and password.
If you have designated a person to have access to your Backup Data (as defined in >Use of Your Backup Data) (whether by email, by registering such person with BackupGenie or by granting such person access to your username and password) or if someone else is paying for your Services, you are authorizing BackupGenie to give such designated person or the person paying for the Services, as appropriate, access to your Backup Data, including, without limitation, in the event of your death or incapacity
Certain entities and individuals are prohibited from using the Services pursuant to trade and economic sanctions and export and control laws imposed by the U.S. or other governments. For example, the U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies and their subsidiaries from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations, entities, or domain names including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. You are prohibited from registering or signing up with, subscribing to, or using the Services if you are located in a Sanctioned Country or are listed as, or associated with an SDN, as determined by BackupGenie in its sole discretion. Registration, signing-up or using the Services from any Sanctioned Country is a material violation of this Agreement, and grounds for immediate account termination by BackupGenie without the right to recover any of your data.
Scope of License. BackupGenie grants you a personal, non-exclusive, non-transferable, limited and revocable license to install the BackupGenie software necessary to use the Services (the “BackupGenie Software”) only on the number of devices for which you have paid the applicable fees and taxes and for the duration of your service plan. Each subscription grants you the right to install the software and use BackupGenie to back-up on one device at a time. You may transfer your license from one device to another by contacting us If you wish to use the Services on multiple devices, you must obtain a separate license for each device or a multi-device license by purchasing a separate service plan. This license permits you to use the BackupGenie Software for the sole and exclusive purpose of using the Services. We reserve all other rights to the BackupGenie Software. Your license to use the BackupGenie Software is subject to the limitations set out in this section of the Agreement. If you do not agree with the terms of this license, you must cancel your account and stop accessing the Services.
Limitations on your right to use. Unless expressly allowed by law, you may not reverse engineer, decompile, or disassemble the BackupGenie Software. You may not rent, lease, lend or transfer the BackupGenie Software, or host the BackupGenie Software for third parties. The BackupGenie Software is licensed as a single integral product and may not be separated for use on more than one computer. The BackupGenie Software may include copy protection technology to prevent the unauthorized copying of the BackupGenie Software or may require original media for use of the BackupGenie Software on the computer. It is illegal to make unauthorized copies of the BackupGenie Software or to circumvent any copy protection technology included in the BackupGenie Software. You shall use the Services only in accordance with our Acceptable Use Policy.
Restrictions on Access to Services. You are only allowed to access the Services through the interfaces and protocols provided or authorized by BackupGenie. You agree that you will not access the Services through unauthorized means, such as unlicensed software clients.
Storage restrictions on your use of the Services. If you exceed the storage limit for the service plan you have purchased, e.g. 75GB for the Home/ Pro Plan, you will not be able to back up additional files unless you upgrade your plan, purchase additional storage, or remove files to free up storage space. We calculate whether you have reached the storage limits for the service plan you elected, based upon the greater of the storage amount shown on your computer or the storage amount maintained by BackupGenie, excluding the benefits of any data compression, file duplication or similar techniques performed by BackupGenie.
Redistribution. You may not redistribute the Services or provide others with access to, or use of, them, unless you have entered into a separate reseller agreement or other agreement with BackupGenie that expressly authorizes you to engage in this activity. You may ask BackupGenie for permission to have business or reseller use and distribution of BackupGenie Software by contacting us.
Trial Licenses. If you received a free trial or evaluation license, BackupGenie grants you a non-exclusive, non-transferable, limited license to use the Services during the trial or evaluation period in accordance with this Agreement. The free trial and evaluation license is only valid for your use of the Services on one device and is limited to one trial license or evaluation license per calendar year per device. Your license to use the Services will terminate upon the expiration or termination of such trial or evaluation period. If you have any marketing codes that allow you to extend the term of your trial you must enter such codes at the time of your initial purchase in order for them to be applied to your account.
Compatibility with the BackupGenie Software. You are responsible, at your own expense, for all computers, telecommunication equipment, software, access to the Internet, and communications networks required to use the Services. BackupGenie is not responsible for any delays or failures in the Services due to a failure of any computers, telecommunication equipment, software, access to the Internet, or communications networks necessary to use the Services outside it control.
Maintenance of the BackupGenie Software. From time to time, BackupGenie may make improvements, upgrades or modifications to the BackupGenie Software available to its customers. Please see Modification and Updates to the Services.
Technical Support Services. Except as described otherwise in paragraph (j) below, BackupGenie will provide 24/7 technical support via email and online chat for the current version of the BackupGenie Software (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing BackupGenie’s Technical Support Services, you grant BackupGenie permission to access your account and device, if necessary, to resolve your issue. You agree and understand that in order to resolve an issue; BackupGenie may require access to license keys of which you are solely responsible for providing.
Ineligibility for Technical Support Services. BackupGenie will not provide Technical Support Services if (a) you are in breach of this Agreement; or (b) the need for Technical Support Services is due to (i) your failure to operate the BackupGenie Software within the systems requirements provided to you; (ii) any modification or attempted modification of the BackupGenie Software by you or any third party outside of BackupGenie’s control; or (iii) your failure or refusal to implement BackupGenie changes recommended by BackupGenie.
Modification and Updates of the Services
BackupGenie may, from time to time, change the Services and any aspect or feature of the Services if considered necessary for security or legal reasons, to ensure the operability of the Services, to reflect advancements in technology or to enhance the features we are able to offer our customers. You hereby consent to automatic updates to the Services you have installed on your computer.
If BackupGenie modifies the Services in a material way, we will provide you with advance notice of the changes so that you have an opportunity to stop using the Services and cancel your account. In accordance with our Cancellation and Termination provisions, you will receive a pro rata refund for any fees paid in advance for full months of Services not yet rendered where such change adversely affects your use of the Services during the then current service term. This does not affect your 30 day money-back guarantee and, therefore, if you cancel within 30 days of starting or renewing the Services, as a result of a change made by BackupGenie, you will receive a full refund.
Term and Automatic Renewal
For all monthly subscription plans, please see paragraph b. For all other service plans, please see paragraph a.
Initial Term and Automatic Renewal. The initial term of the Services is: (i) in respect of your service plan, the initial period you have chosen to pay for on the payments page at the time you purchased the Services (e.g. either 1 month, 6 months, 12 months or 24 months); and (ii) in respect of all additional services, 12 months (the “Initial Term”). Except in the case of trial licenses, the Services will automatically renew for the same term (each a “Renewal Term”) as you initially ordered, as shall be further summarised for you in the Renewal Notice (described below). If you do not want your term to renew, you must cancel before the end of the Initial Term or any Renewal Term or else your credit card will be charged in accordance with paragraph 6c (Pricing, Billing and Payment). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” Each Renewal Notice shall be provided to you, approximately thirty (30) days prior to your card being charged which, as described in Pricing, Billing and Payment, will be charged fifteen (15) days prior to the end of the then current Term. The Renewal Notice will be sent to the email address you have registered for your BackupGenie account and notice of auto renewal will appear in your control panel. It is your responsibility to ensure that the email address and other personal details BackupGenie holds for you are current at all times.
Monthly Subscriptions. All monthly subscriptions will renew automatically each month until you cancel your account.
Discount Promotions. If you receive a discount promotion on your Initial Term or first month’s subscription, your Services will automatically renew at the then current non-discounted price listed on our pricing page. To see our current rates, go to Our Services & Prices. You acknowledge, agree, and authorize BackupGenie to automatically charge the applicable fee to your credit card in accordance with paragraph 6c (Pricing, Billing and Payment).
Exceptions to Automatic Renewal. If you are in dispute with BackupGenie or have previously requested a chargeback that we have successfully challenged, your Services will not automatically renew at the end of your existing service term.
Pricing. Pricing. We may change our prices from time to time and will display the new rates on Our Services & Prices page. Price changes only take effect on renewal of your service plan and will apply for the duration of your Renewal Term. We will provide you with reasonable notice of the new price before charging you. Your Renewal Notice will always state the current renewal price. It is your responsibility to periodically review your account and ensure your contact information with JustCloud is up to date for receipt of notices. To see our current rates, go to Our Services & Prices page, or the Subscriptions & Billing section in your Account.
Billing Process. Our service charges will be calculated based on the service plan you choose, the number of devices you wish to back up plus any charges for additional services you have ordered. If the Services you purchase from BackupGenie are billed on a monthly basis, you will be billed in full month increments.
Payments. You agree to pay BackupGenie, during the Initial Term or each month as applicable depending on your choice of service plan, all fees for the Services, as set forth on the payments page at the time you order the Services. Prior to expiry of your Initial Term or current Renewal Term, you will receive notice of the amount of fees due for the subsequent term via a Renewal Notice sent to you by email and/ or your control panel. As set out in Term and Automatic Renewal, Renewal Notices will not be provided to you if you are on a monthly plan. You acknowledge, agree, and authorize BackupGenie to automatically charge the applicable fee to your credit card for each month or Renewal Term (as applicable), unless you cancel the Services. All charges will be taken fifteen (15) days prior to the date of renewal; for example, for monthly subscription plans, your credit card will be charged fifteen (15) days before the end of your monthly cycle for these Services. If the credit card on file with BackupGenie has expired or does not permit automatic renewals, you must contact BackupGenie to renew the Services. If you do not renew your Services within thirty (30) days, your Backup Data will be queued for deletion. Once your data has been queued for deletion, it cannot be retrieved by BackupGenie. You are responsible for ensuring that your billing information with BackupGenie is accurate.
Currency. BackupGenie offers the ability to pay for Services in a number of different currencies. If your local currency is not supported by BackupGenie, the price payable for Services will be converted, using the applicable exchange rate, at the time of purchase. In the event of any refund of fees being due to you in accordance with the terms of this Agreement, such refund will be converted using the applicable exchange rate at the time of refund. BackupGenie is not liable for any discrepancies or shortfalls in these amounts as a result of a change in the exchange rate.
VAT. VAT (Value Added Tax) is a tax on consumer spending within the territory of an European Member (E.U.) State. VAT is included in all GBP and Euro prices displayed on the BackupGenie site.
Billing Issues and Support. You must notify us about any billing problems or discrepancies as soon as you become aware of them. We will make every effort to assist you with any billing queries, please contact our 24/7 billing support centre. In particular, please always contact BackupGenie before attempting a chargeback.
Cancellation, Termination and Refunds
If you choose to cancel your account. You may cancel the Services at any time during the Term, including where there is a change to the Services or this Agreement which you do not agree with by emailing email@example.com. If you choose to exercise this right to cancel, you will be entitled to a refund as follows:
i. If you do choose to leave BackupGenie within thirty (30) days of registering for or renewing your Services, you will receive a full refund of all fees paid.
ii. If you choose to leave after this thirty (30) day period, you will receive a prorated refund of any fees already paid for full months of Services not yet rendered. In these circumstances, BackupGenie is unable to offer a refund of any fees paid for additional services.
iii. If you choose to leave after this thirty (30) day period as a result of a change to the Services or this Agreement which adversely affects you and which you do not agree with, you will receive a prorated refund of any fees already paid for full months of Services not yet rendered (including fees paid for additional services).
Termination by BackupGenie. BackupGenie may suspend or terminate your Services if BackupGenie reasonably believes that (i) you are in breach of the BackupGenie License and Use of the Services,Prohibited Persons and Intellectual Property sections or if you are in material breach of any other section of this Agreement or our Policies; or (ii) if your continued use of the Services may damage, disable or impair our servers or networks. Such termination may be immediate and without notice. You are not eligible for a refund of any amounts paid if BackupGenie terminates your account in accordance with this paragraph b.
Effects of Cancellation or Termination. Upon cancellation or termination: (i) you shall immediately cease any and all use of the Services; and (ii) you will not have access to or be able to retrieve any of your Backup Data (i.e. data that you have backed-up using the Services – see Use of your Backup Data for more information). Prior to cancelling your account, you must retrieve all of your Back-up Data if you do not want to lose it.
Use of your Personal Information
HIPAA Disclaimer. BackupGenie’s services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. BackupGenie does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Customers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” is a material violation of this Agreement, and grounds for immediate account termination by BackupGenie. BackupGenie does not sign “Business Associate Agreements” and you agree that BackupGenie is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, email us.
Collection and Use of Backup Data. BackupGenie will collect and process the data that you have backed up using the Services (“Backup Data”) in accordance with this section of the Agreement. We store and protect the data you upload using our Services so that you have this available to you as and when you need it while you are a user of our Services. We hold such data as a data processor and store this data solely in order to provide the Service in accordance with this Agreement. We may transfer your data to our third party service provider whose cloud storage we utilize to provide the Service. By installing BackupGenie on to your device, you grant BackupGenie the right to back-up any of the files on that device regardless of who might be the creator, originator, editor, or otherwise the owner of those files. You assume sole responsibility for BackupGenie receiving access to and backing-up those files.
Updates to the Backup Data. To provide the Services, BackupGenie routinely scans your computer in order to detect new, modified, or deleted data files that require further action to complete backup and restore operations up to your service plan’s storage limit. The Services also catalogue the number and total storage size of various file types on your computer. The Services inspect file headers and related information in order to confirm that each file type is properly represented by its file extension.
Managing your BackupGenie Services and the use of your Backup Data. You acknowledge and agree that where BackupGenie licenses the Services to an entity or organization, or where an entity or organization makes the Services available to you, the entity or organization so licensed or giving you access may grant multiple individuals rights related to the management and use of the Services and the Backup Data, without any notice to you. These rights may enable one or more persons to: view, access or change Backup Data; determine who can access the account, Backup Data,; determine who is responsible financially for the account; and other similar actions.
Access to your Backup Data if you die and in other circumstances. BackupGenie will provide access to your Backup Data to your surviving spouse and/or your executor upon the presentation of a death certificate and identification which BackupGenie reasonably believes to be valid and sufficient, or in response to a court order, warrant, subpoena or other judicial or administrative legal process.
Encryption and Disclosure. Except as otherwise provided, the contents of your files are encrypted before they are transmitted to BackupGenie’s data center and are stored on encrypted drives. You may elect to use the option that permits you to decrypt and download Backup Data from any Internet enabled device. You understand that by electing to access your files from a device other than the one you used to create the Backup Data, Backup Data will be sent to you in a decrypted format via public infrastructure. You acknowledge that this may cause the contents of these files to become accessible to individuals other than you and that you accept this risk. You further acknowledge that depending upon the Services you use or the features of the Services you use, accessing your Backup Data from certain Internet enabled devices may not be possible.
BackupGenie will not decrypt your files unless (i) it reasonably believes that it must do so to troubleshoot problems with the Services, or (ii) it reasonably believes it must do so in response to governmental or legal requests (such as a subpoena, search warrant, or court order), or as otherwise required to comply with applicable law. BackupGenie may also provide access to your data to government authorities if BackupGenie reasonably suspects or believes that the data contains child pornography or other prohibited data or that the data is otherwise being used for illegal purposes.
Storage and Export of Backup Data. By using the Services, you freely and specifically give BackupGenie your consent to export your Backup Data to the U.S. You understand that data stored in the U.S. may be subject to lawful requests by the courts or law enforcement authorities in the U.S.
Retention of Backup Data. A copy of your Backup Data will be saved to an encrypted driver operated by BackupGenie or a third party provider that BackupGenie has contracted with to provide such service. The Services periodically scan for changes or additions to these files and create an encrypted copy of a modified or newly designated file up to your service plan’s storage limit. You will not be able to restore a file if: (i) the Services have not completed copying the file, (ii) the file has been changed but not yet backed up, or (iii) the file, folder, or disc drives have not been designated for backup. BackupGenie does not maintain a secondary copy of your Backup Data. If you are unable to restore a file due to BackupGenie’s error, BackupGenie will undertake commercially reasonable efforts to create a replacement backup from the files stored on your computer with your permission. You agree that if you i) designate that a file should no longer be backed up, ii) delete a file from your computer, iii) move a file to a location on your computer that is not marked for backup, iv) delete a device from your Services account, v) cancel the Services; (vi) are unable to access the Services, or vii) terminate or allow your Services to expire, for any reason, that the affected files may not be available to you should you wish to restore them.
Deletion of Backup Data. Unless we are required by law to retain your data for a longer period, BackupGenie will delete your Backup Data, or place it in the queue for deletion, within approximately: (i) twenty-four (24) hours of you deleting any such data through your use of the Services; (ii) twenty-four (24) hours of BackupGenie terminating your account in accordance with the terms of this Agreement; and (iii) thirty (30) days of you choosing not to renew your Services, including where we are unable to charge your card upon renewal, or cancelling your account.
All trademarks, service marks or other similar items utilized by the Services are the property of their respective owners, including, without limitation, JDI Backup Limited. The ownership of all intellectual property rights relating to the Services shall remain with JDI Backup Limited and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with BackupGenie’s or its licensor's intellectual property rights.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED IN ACCORDANCE WITH APPLICABLE LAW, JUSTCLOUD AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND FOR THE SERVICES PROVIDED HEREUNDER.
You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that BackupGenie exercises no control over, and accepts no responsibility for, the content of the information as it passes through network hubs and points of presence or the Internet, other than on BackupGenie controlled equipment.
You are responsible for protecting your copy of the files you backup with the Services. Whilst our technology is advanced, it is not infallible and you should therefore retain copies of the data you back-up with the Services. You understand that files that you backup may not be usable due to corruption from viruses, software malfunctions or other causes outside of BackupGenie’s control.
Limitation of Liability
BackupGenie will have no liability for delays or failures in the Services caused by your failure to comply with the requirements set out in Paragraph 3g (Compatibility with the BackupGenie Software).
The terms of this paragraph shall survive any termination of this Agreement.
Governing Law and Arbitration for users outside of the European Union
The laws of the Commonwealth of Massachusetts apply to this Agreement, including any dispute arising out of or in connection with it or relating to your use of the Services.
If a dispute arising under or relating to this Agreement is brought for arbitration, it shall be resolved by final and binding arbitration conducted before a single arbitrator, chosen by BackupGenie, pursuant to the commercial arbitration rules of the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration will be held at the AAA location chosen by BackupGenie in Massachusetts. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, BackupGenie will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b), then the payment of arbitration costs shall be governed by the AAA Rules. In such case, you agree to reimburse BackupGenie for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, BackupGenie shall reimburse you for your reasonable attorneys' fees and expenses incurred for the arbitration.
Governing Law and Jurisdiction for users in the European Union
For users in the European Union, this Agreement, and any non-contractual obligations arising out of, or in relation to it, shall be governed by and construed in accordance with the laws of England and Wales subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.
You and BackupGenie irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
Alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform.
BackupGenie may, in its sole discretion, transfer or assign all or part of its rights under this Agreement, and may novate or transfer all or any portion of its duties and obligations under this Agreement. BackupGenie may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. If you do not agree with any transfer or assignment under this paragraph 16, you should discontinue your use of the Services and cancel your account.
Assignment and Delegation by You
You may only assign or part with any of your rights under this Agreement following a satisfactory credit check of the person you wish to transfer your rights to and completion by them by the BackupGenie sign-up process. If you wish to transfer your rights to a third party, please contact us.
Notices relating to your Services and the terms of this Agreement will be provided to you via the email address you have registered for your BackupGenie account. It is your responsibility to ensure that the personal details BackupGenie holds for you are current at all times.
This Agreement (including the items incorporated by reference and modifications that may be made from time to time by BackupGenie), constitute the entire agreement between BackupGenie and you regarding the Services, and supersedes all prior agreements between you and BackupGenie regarding the subject matters hereof. Any item or service furnished by BackupGenie in furtherance of the Services shall be covered by this Agreement unless otherwise explicitly provided. Should there be any conflict in terms between this Agreement and any other document, the terms set forth in this Agreement shall govern. Any references that are singular or plural and any references that are masculine, feminine, or neutral in gender, are meant to be used interchangeably as the context of the sentence might imply.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.
BackupGenie reserves its right to take all legal steps available to enforce this Agreement. BackupGenie’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of BackupGenie’s rights to enforce such right or remedy in the future. No waiver of any provisions of this or any other Agreement with BackupGenie shall be effective unless expressly stated in writing and signed by both parties.
BackupGenie Contact information
If you have any questions or comments, please contact us at firstname.lastname@example.org or postal mail to:
JDI Back-up Ltd (BackupGenie)
25 Barnes Wallis Road
UK - 0844 445 7768
EU - +44 844 445 7768
US - 1-888-320-5483
AU - 1800 072 780
CA - 1-888-778-6107
JDI Backup Limited. Company Number 7488961
Last modified on 16-11-2018
We collect a range of information so that we can provide the best services to our users. This includes basic information we need to register your account, such as your name, email address and payment data, and also other information which helps us tailor the services to meet your needs. This section describes the different types of data we collect and how we collect it. Terms relating to the data you store in the cloud when using our Services are set out in our Terms and Conditions .
Whether it be maintaining your account or improving your user experience, we only use your data for the purpose of providing the services. The ways in which we use your data is listed here.
From time to time, we might share your information with our affiliates and third party service providers. This section describes the circumstances where this might be necessary.
We want to stay in touch with our users to keep them up to date on all of the latest news at BackupGenie, including new Services and changes to our terms or pricing. The various methods by which we can keep in touch are explored here.
We explain the measures we implement to keep your data secure here.
We want to make sure you are happy with the way your data is being used. We aim to provide you with access to your information upon request and, unless we are not allowed to for legal reasons, we will make changes to data if you tell us it is wrong. Your Options for controlling your data, and the way we communicate with you, is described here.
If you are a user in the EU, please see this section for additional information about where your data is stored and transferred and how you can access your data.
The Services may contain links to third party websites and your use of these links may result in the collection, processing or sharing of information about you. We describe this in more detail here.
We do our best to keep our customers satisfied and, if you have a complaint or concern about the Services you are receiving, we would like you to contact us. If BackupGenie cannot adequately deal with your dispute, the other options available to you are explained here.
Our contact information is set out here. We always love to hear from you!
Data you back-up using our services. We hold any personal data you voluntarily choose to back up or store using the Just Cloud Services (“Backup Data”) as a data processor and we store this data solely in order to provide the Services. The terms relating to our storage of Backup Data are set out in the Use of your Back-Up Data section of our Terms and Conditions.
The information that BackupGenie collects in connection with the Services is hosted on servers located in the United States (U.S.), unless otherwise provided. By using the Services, you freely and expressly give BackupGenie your consent to export your information and data to the U.S.
What Personal Information Do We Collect
Information you give us. When you sign up for a BackupGenie account, we keep the basic account information you give us, like your name, email address, telephone number, password and payment information. We also collect and store your Personal Information as you use the Services and each time you interact with BackupGenie, for example, when you update information in your control panel, communicate with us by telephone or email, order or download new Services, register a licence or change your device and complete forms on our website. We also store information about the Services you purchase, such as the activation code, date of purchase, and information relating to any support issue.
Strictly necessary cookies - These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website and remembering which files you have marked for backup. Without these cookies, services you have asked for, like security or e-billing, cannot be provided.
Advertising cookies - These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are placed on the website by advertisers and advertising networks, with our permission. They remember that you have visited the site and this information is shared with other organisations such as advertisers. BackupGenie uses analytics data and the DoubleClick cookies for advertising purposes. You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page Google has additional information available about their Policy for Advertising based on Interests and Location .
Other Technologies - We may also use other Internet technologies, such as web beacons or pixel tags and other similar technologies, to deliver or communicate with cookies and analyze your use of the Services. We also may include web beacons in e-mail messages so that we know when you have opened an email message received from BackupGenie.
Personal Information regarding children. The Services are not intended for use by individuals who cannot enter a legally binding a contract. Accordingly, BackupGenie does not intentionally gather any Personal Information about individuals who are under the age of eighteen (18). If you are under eighteen (18) years of age or otherwise lack the capacity to enter into a binding contract do not use our Services. If BackupGenie becomes aware that it has collected Personal Information from someone under the age of majority, such information will be deleted immediately.
The Personal Information we collect as described in this, What Data Do We Collect section, is controlled by JDI Backup Limited, 25 Barnes Wallis Road, Segensworth, Fareham, Hampshire, PO15 5TT, United Kingdom.
We use your Personal Information to provide you with the Services, administer your BackupGenie account, send you information about the Services (including updates and modifications), process payments, generate and review reports and data about our user base and Service usage patterns, analyze the accuracy, effectiveness, usability, or popularity of the Services, improve the content and features of the Services and allow us to personalize the content and advertising that you see on the Services. In order to do so, we may use your Personal Information to contact you through desktop alerts, SMS/Text messaging, email and live chat.
If you wish to change the way we use your data, see Your Options below. Please be aware that if you choose not to provide us with certain Personal Information, we may not be able to make Services available to you.
How We Disclose Your Personal Information
Partners and Sponsors. Some of the Services are offered or promoted to our customers in conjunction with a partner or sponsor, or another brand or company within The Endurance International Group, Inc. corporate family. To the extent permitted by applicable law, sometimes we might share your information with other third parties with a view to offering you other products and services that we think you may find to be of interest. If you do not wish to receive such offers, please use the unsubscribe link on the email communication you receive or contact us at email@example.com.
Sale of Business. If BackupGenie is involved in a merger, acquisition, or sale of all or a material portion of its assets, change in corporate control, or insolvency or bankruptcy proceedings, you will be notified via email or a prominent notice will be placed on the website of any such change in ownership or use of your Personal Information as well as any choices you may have regarding your Personal Information.
How We Communicate with You
If you wish to change the types of communications you receive from us or opt out of receiving any future communications, you can do so. See Your Options below.
BackupGenie has security measures in place to protect against the loss,
misuse, and alteration of your data. Personal Information provided
to BackupGenie is stored in secure facilities with access restricted to
authorized personnel only. Although we make good faith efforts to
store the Personal Information we collect in a secure operating
environment that is not accessible to unauthorized users, we cannot
guarantee complete security.
Email Communications. If you wish to change the types of communications you receive from us or opt out of receiving any future communications, you may do so by modifying your profile on your control panel, by emailing your request to us at firstname.lastname@example.org , or by clicking on the appropriate link in any BackupGenie email communication that you receive.
Correcting Your Personal Information. You can access the Personal Information that we collect via your control panel. You can correct factual errors in your Personal Information on your control panel or by sending a request to email@example.com . Please provide sufficient details regarding the error. To protect your privacy and security, we take commercially reasonable steps to verify your identity before granting access or making any corrections to your Personal Information.
Location of Personal Information and Transfers. BackupGenie processes Personal Information on our servers in many countries around the world. We may process your Personal Information on a server located outside the country where you live. By using the Services, you freely and specifically give BackupGenie your consent to export your Personal Information outside of the EEA, including to the US and understand that data stored outside of the EEA may be subject to lawful requests by the courts or law enforcement authorities in thecountries in which it is stored.
Access Requests. You have the right to request a copy of the your Personal Information we hold about you. BackupGenie will take commercially reasonable steps to provide you with such access and to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
BackupGenie is unable to resolve your complaint, you can escalate the
issue in accordance with the dispute resolution procedure set out in
BackupGenie Contact Information
you have any questions or comments, please contact us at
or at the address listed below:
JDI Backup Ltd
25 Barnes Wallis Road
BackupGenie Acceptable Use
This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into BackupGenie’s Terms and Conditions and License Agreement. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms and Conditions. BackupGenie may modify the AUP at any time without notice.
The Services provided by BackupGenie may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. BackupGenie reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Use of the Services to infringe another party's intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized storage of movies, music, books, photographs, software/warez, or any other copyrighted or other protected work. Any account found to be infringing on the intellectual property rights of others will be suspended or access to the alleged infringing material will be disabled. Any account found to be in repeated violation will be suspended or terminated.
Content that is potentially harmful to minors, as determined in BackupGenie’s sole discretion, is strictly forbidden, including but not limited to, child pornography or any material perceived to be connected to the exploitation of children. Just Cloud Services may not be used to store, backup, or distribute any such material and any account found to be storing such materials, as determined by BackupGenie in its sole discretion will be suspended immediately without notice. BackupGenie will report incidents of child exploitation to law enforcement as required by law.
BackupGenie Services may not be used to store computer viruses and malware;
We reserve the right to refuse service to anyone. Any material that, in our judgment, violates our Terms and Conditions and License Agreement or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
BackupGenie shall have the right in its sole discretion to deny use of and access to all or any portion of BackupGenie Services to users who are deemed by BackupGenie to be using the Services in violation of law or the BackupGenie Terms and Conditions and License Agreement, including but not limited to suspending or terminating a user's account with BackupGenie and the license to use the BackupGenie Services.
Copyright Infringement Policy
BackupGenie takes intellectual property rights very seriously and it is our policy to respond to clear notices of alleged copyright infringement. This Copyright Infringement Policy describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to verify.
To file a notice of alleged infringement with us, you must provide a written notice that includes your full contact information and sets forth the items specified below.
The name, address, phone number, email address (if available) and physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
Identification of the copyrighted work(s);
Identification of the infringing material you are asking us to remove or disable, and the Internet location of the infringing material;
A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the complaint is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please email the signed notification to firstname.lastname@example.org.
Alternatively, you may mail the signed notification to the following address:
25 Barnes Wallis Road
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyright. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
BackupGenie may respond to take-down notices by removing or disabling access to the allegedly infringing material and/or by terminating services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content.
BackupGenie may document notices of alleged infringement it receives and/or on which we action is taken. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.
BackupGenie strictly forbids the backing up, storing, and sharing of any prohibited content. Prohibited content includes, but is not limited to:
- Child exploitation
- Illegal content
- Copyright infringing content
- Pornographic content
BackupGenie enforces content recognition and filtering and a manual review of files backed up and stored.
BackupGenie enforces a strict Takedown policy. BackupGenie reserves the right to remove, delete and terminate any account where files have been identified to have breach our terms.
If any account that has been proven to have breached our terms the account will automatically lock and all stored data deleted within 8 hours, any evidence will be forwarded to the correct authorities.
The users, Name, Address, IP Address, Computer Motherboard Serial Number, Hard Drive Serial Number and Mac Address will be added to a Black List. The said Black List enforces than any entities on the list are prevented from using the BackupGenie service.
All cases where BackupGenie has used its Takedown Policy where it deems that, Child exploitation has been uploaded will immediately report the account holder to the relevant authorities such as the National Center for Missing & Exploited Children's ("NCMEC") "CyberTipline.", and judicial law enforcement.
Law Enforcement Response, BackupGenie will cooperate with all law enforcement requests and any court order including subpoenas, search warrants, discovery orders and any other valid court order. BackupGenie will provide any merchants such as Visa, Mastercard, Amex and PayPal with its written policy concerning response to contact from law enforcement agencies regarding prohibited content stored or distributed through its service.
If you have purchased a BackupGenie product or service prior to July 2015, then you agreed to comply with the Fair Usage Policy.
We monitor the usage of our heaviest account users, a dynamic margin is calculated based on averages which, should a user fall into, we may require them to cease backup delete some data to free up some cloud backup space.
Our dynamic limit is currently 950GB, this figure is calculated every 3 months. We take the average amount of data in Gigabytes queued for backup by our top users. There is a 50GB margin that users can backup into before their backup is actually capped. So the full amount of backup a user could do at the moment is 1TB. Once the total amount of data backed up is under 1TB, the backup will continue automatically until it reaches the 1TB limit again.