Terms of Use
Effective as of 2024 July 13th
These Terms of Use ("Terms") constitute a special agreement between Alma Total Solutions, having its registered office at 28 Armenias, #103, Nicosia 2003, Cyprus, ("Alma Total Solutions" or "Provider") and you, a natural person or a legal person forming a small business entity ("You" or "User") who seeks to obtain or has obtained a right to use our standardized subscription offering ("Offering"), who registers for and uses the AlmaCloudBackup (also referred to as "Alma Cloud Backup" and "ACB") account ("Account") or uses services and features provided by Alma Total Solutions through the Account (collectively "Services"), setting forth, among other things, the terms and conditions for their use. If You are obtaining or using the Services on behalf of an organization, You agree to these Terms for that organization and guarantee that You have such authority. In that case, "You" and "User" will refer to that organization.
1. Acceptance of Terms
Read these Terms carefully before using or purchasing any Services or creating the Account. These Terms will become binding to You, and the contract between You and Alma Total Solutions will be concluded when: (i) Alma Total Solutions or an Alma Total Solutions partner sends You email confirmation of your Offering purchase, (ii) your Account was successfully created, or (iii) You start to use any part of the Services, whichever of the options happens earlier.
2. Service Description
Our Services are intended for adults only. If You are under eighteen (18) years old, You may only use the Account or the related Services if your parent or other legal guardian is involved.
2.1 Our Services and their Use
Most Services require using our standard AlmaCloudBackup software products that must be locally installed on your device(s) ("Product"). You may obtain the right to use our Services by purchasing either (i) a subscription to our Offering, (ii) a AlmaCloudBackup Product license ("License"), which includes some Services provided through the Account or (iii) by obtaining a trial version thereto. The Services can be purchased directly from Alma Total Solutions or our Alma Total Solutions partners under separate purchasing and payment terms. You may find a more general description of the Services provided according to these Terms below and their more detailed specification in the applicable documentation.
2.2 Subscription Offering
AlmaCloudBackup Offering consists of our standard services, Products, features and capabilities combined into modules that provide certain common functionality ("Modules") that are grouped into tiers ("Tier") and our standard stand-alone Products that can be bought separately from the Tier. By subscribing to the Offering through Alma Total Solutions or an Alma Total Solutions partner, You will gain a right to be provided, for the agreed subscription period, with the Offering you have purchased and, therefore, with certain Modules that are included in your Offering Tier and/or with a stand-alone Product. You may find the descriptions of the Modules and stand-alone Products in the Special Terms section below and their more detailed specification in the applicable documentation.
2.3 No-subscription License
In case You have not subscribed to the Offering but have obtained the License(s), You may be eligible to use some Services provided through the Account, depending on the content of the License(s) You have purchased and for the duration of your License. Most of those Services relate to AlmaCloudBackup Products and enable You to either manage them across your devices from your Account as a central point or provide You with additional functionalities on top of your License(s). The Services that You may be provided with pursuant to these Terms are AlmaCloudBackup HOME, Anti-theft, Parental Control or Password Manager. You may find descriptions of those Services in the Special Terms section below and their more detailed specification in the applicable documentation. Other Services are provided only as a part of the Offering, and therefore, You are not entitled to their provision pursuant to these Terms.
3. Your Account
The Account enables You to access and use AlmaCloudBackup Services. It is obligatory for You to create an Account in case You have subscribed to our Offering; otherwise, You will not be able to activate and use our Services. In case You haven't subscribed to our Offering but have purchased a License, the Account is necessary for You to use the included Services, as they cannot be provided outside the Account.
4. Updates
As our Services are constantly evolving, Alma Total Solutions may, from time to time and without your permission or consent, deploy an update, upgrade or replacement for any part of the Service as well as the included Product ("Update"). Every Update will be deemed a part of the Service after its deployment for the purpose of these Terms. The update may include adding, removing or modifying any features or functionalities included in Services or replacing them entirely. You may not be able to use the affected Services until the Update is fully deployed. In some cases, You may need to download or install a certain Product Update to obtain maximum benefit from our Service. Alma Total Solutions may stop providing You with technical support and newer Updates or otherwise limit the Services provided to You until you install such required Updates. Alma Total Solutions has no obligation to provide You with a specific Update and may decide when and if the Update is appropriate. Alma Total Solutions may, at its sole discretion, stop providing Updates (i) for any other versions of the Service than the most current one or (ii) supporting the use of the Services in connection with any versions of operating systems or other software with which the Service is designed to operate.
These rules on Updates are also applicable to Product Updates. Product Updates will also be automatically installed unless You disable them in the Product settings. Provision of any Product Updates may be subject to End of Life Policy ("EOL Policy"), which is available at https://alma.com.cy/almacloudbackup/index.php?page=eol_policy. No Updates will be provided after the Product or any of its features reaches the End of Life date as defined in the EOL Policy.
5. Your Obligations
You are responsible for using your Account and Services and keeping any AlmaCloudBackup Offering activation codes or License keys (collectively "Activation Code") and any passwords confidential and secure. To the maximum extent permitted by applicable law, You agree to accept responsibility for all activities under your Account or Activation Code. To maintain control over your Account and Services and to prevent anyone from accessing them, You shall not disclose your Activation Code or passwords to anyone, and You shall restrict access of third parties to your devices. You are obliged to contact us immediately if your password or Activation Code was disclosed to someone else, if an unauthorized person used your Account or Services or if You have a reason to believe that such events might happen. Moreover, You shall ensure that the data You provide to Alma Total Solutions during the registration process or via your Account are accurate and up-to-date and that You inform us of any changes to them by updating the information in the "My Account" section.
6. Forbidden Use
- You shall not use the Services and your Account for any illegal purposes, including in connection with any criminal or fraudulent activities or in any way that may result in interruption, disruption or any damage to Services and our websites, may be harmful to others, or is otherwise contrary to these Terms and documentation.
- You shall not sell, sub-license, lease, rent or borrow any Service, Product or their part or use them for the provision of commercial services.
- You shall not reverse engineer, reverse compile or disassemble the Product or any Service feature or otherwise attempt to discover their source code, except to the extent that this restriction is expressly prohibited by law.
- You shall not exercise any activities involving use of the Activation code contrary to these Terms or leading to provision of Activation Code to any person who is not entitled to use the Services, such as the transfer of used or unused Activation Code in any form, as well as the unauthorized reproduction, or distribution of duplicated or generated Activation Codes or using the Service as a result of the use of an Activation Code obtained from the source other than Alma Total Solutions or Alma Total Solutions partners.
- You shall not use the Services and their features in a way which limits the possibility of other Users to access these Services. Alma Total Solutions reserves the right to restrict or limit the scope of Services provided to individual Users to enable the highest possible number of Users to use the Services. Alma Total Solutions reserves a right to terminate your Account, discontinue the provision of Services, or refuse their provision in such cases.
7. Technical Support
Alma Total Solutions or third parties commissioned by Alma Total Solutions shall provide technical support at their discretion, without any guarantees or declarations. No technical support will be provided in relation to the Product or any of its features if it reaches the End of Life date defined in the EOL Policy. You should back up all existing data, software, and program facilities before technical support is provided. Alma Total Solutions and/or third parties commissioned by Alma Total Solutions cannot accept liability for damage or loss of data, property, software or hardware or loss of profits due to the provision of technical support. Alma Total Solutions and/or third parties commissioned by Alma Total Solutions reserve the right to decide that resolving the problem is beyond the scope of technical support. Alma Total Solutions reserves the right to refuse, suspend or terminate the provision of technical support at its discretion. License information, Information and other data in compliance with the Privacy Policy may be required for technical support provision.
8. Account Cancellation
You may cancel your Account anytime. However, bear in mind that it will make some of the Services unusable.
9. Electronic Communication
Alma Total Solutions will communicate with You electronically while performing activities presumed by these Terms, including in the provision of the Services and Account. We may send You emails or in-app notifications via your Product or Account or post the communication on our website. You agree to receive legal communications from Alma Total Solutions in electronic form, including any communications on change in Terms, Special Terms or Privacy Policies, any contract proposal/acceptance or invitations to treat, notices or other legal communications and that such electronic communication shall be deemed as received in writing unless a different form of communication is specifically required by applicable laws.
10. Security and Data Protection
Your full name, country, and valid email address are required for registration and use of the Account and provision and maintenance of Services and are therefore necessary for the performance of a contract between You and Alma Total Solutions based on these Terms and Special Terms. Your data will be collected and transferred to Alma Total Solutions servers or those of its partners, where they will be processed to ensure functionality, provision of and authorization to use the Account and Services, for the establishment, exercise and defense of Alma Total Solutions's legal claims as well as for providing You with technical support when needed.
Moreover, depending on the Services You choose to use and your privacy and security settings, additional data collection will be required directly from You or our Products or Services. Alma Total Solutions will process data obtained from You or your Product, some of which may include personal data, in accordance with our Privacy Policy. You will be prompted to read it in the process of ordering the Offering, Account registration or Product installation, and You can refer to it anytime You will need more information about how we process your data in the context of the Account and Services or about your rights as a data subject. Additional individual Privacy Policies may apply to Services or Products You use, and You can find them in the documentation related to the relevant Service or Product.
In case You are a business User of our Service, the Data Processing Agreement included in Annex 2 to these Terms will apply to You for the data processing when You are deemed a data controller. In such cases, Standard Contractual Clauses included in Annex 3 to these Terms will apply in addition to Data Processing Agreement in case of transfers and processing of personal data located outside of the European Economic Area or a country designated as safe by the decision of the European Commission.
11. Intellectual Property Rights
Alma Total Solutions or its respective suppliers are owners or holders of copyright or other intellectual property rights to software available on the website, application and Products (collectively "Software") or any other content available on the website, such as any text, documents, images, logos, icons, buttons or databases ("content"). Subject to your compliance with these Terms and Special Terms and your payment of any applicable fees, You are granted a limited, non-exclusive, non-sublicensable and non-transferable license to use Software and content for personal and non-commercial purposes and only as necessary for your use of Services as permitted by these Terms and Special Terms. You may not extract or re-utilize any content or parts of any Services (including by use of framing techniques) without our explicit written consent. Alma Total Solutions and its suppliers reserve all rights not explicitly granted to You in these Terms or Special Terms.
Moreover, any Products and Software can be used only in accordance with the End User License Agreement ("EULA"), which is supplied together with it or comprises part of it. Products or Software supplied with the EULA cannot be installed without the User's consent hereto.
In case You choose to install our mobile application to access and use your Account and the related Services, the application EULA included in Annex 1 to these Terms will apply to You.
12. Disclaimers
AS THE USER, YOU HEREBY ACKNOWLEDGE THAT THE ACCOUNT AS WELL AS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE PROVIDER, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT ACCOUNT OR SERVICES WILL NOT INFRINGE ANY THIRD PARTY'S PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THE PROVIDER OR ANY OTHER PARTY MAKE NO GUARANTEE THAT THE ACCOUNT OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ACCOUNT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION AND USE OF ACCOUNT AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE RESULTS OBTAINED FROM IT.
These Terms create no obligations on the part of the Provider and its licensors other than as specifically set forth herein.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR CONTRACTORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE ACCOUNT OR SERVICES, EVEN IF THE PROVIDER, ITS CONTRACTORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES, CONTRACTORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID FOR THE SERVICE OR ACCOUNT IN QUESTION.
14. Trade Control Compliance
You will not, directly or indirectly, export, re-export, transfer or otherwise make available the Software to any person, use it in any manner or be involved in any activity that could result in Alma Total Solutions or its holding companies, its subsidiaries, and the subsidiaries of any of its holding companies, as well as entities controlled by its holding companies ("Affiliates") being in violation of, or being subject to, negative consequences under trade control laws which include:
- Any laws that control, restrict, or impose licensing requirements on the export, re-export or transfer of goods, software, technology, or services, issued or adopted by any government, state or regulatory authority of the Republic of Cyprus, European Union or any of its Member States, or any country in which obligations under these Terms are to be performed, or in which Alma Total Solutions or any of its Affiliates are incorporated or operate.
- Any economic, financial, trade or other sanction, restriction, embargo, import or export ban, prohibition on the transfer of funds or assets or on performing services, or equivalent measure imposed by any government, state or regulatory authority of the Republic of Cyprus, European Union or any of its Member States, or any country in which obligations under these Terms are to be performed, or in which Alma Total Solutions or any of its Affiliates are incorporated or operate (legal acts referred to in points i, and ii. above together as "Trade Control Laws").
Alma Total Solutions shall have the right to suspend its obligations under, or terminate, these Terms with immediate effect in the event that:
- Alma Total Solutions determines that, in its reasonable opinion, the User has breached or is likely to breach a provision of section (a) of this Trade control compliance clause of these Terms.
- The User and/or the Software become subject to Trade Control Laws and, as a result, Alma Total Solutions determines that, in its reasonable opinion, the continued performance of its obligations under these Terms could result in Alma Total Solutions or its Affiliates being in violation of, or being subject to negative consequences under, Trade Control Laws.
Nothing in these Terms is intended, and nothing should be interpreted or construed, to induce or require either party to act or refrain from acting (or to agree to act or refrain from acting) in any manner that is inconsistent with, penalized, or prohibited under any applicable Trade Control Laws.
15. Governing Law and Language
These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus and the European Union. You and the Provider agree that conflict provisions of the governing law and the United Nations Convention on Contracts for the International Sale of Goods shall not apply. If You are a consumer with habitual residence in the EU, You are also afforded additional protection granted to You by mandatory provisions of law applicable in your country of residence.
You expressly agree that exclusive jurisdiction for any claim or dispute with the Provider or relating in any way to your use of the Software, Account or Services or arising from these Terms or Special Terms (if applicable) resides in the courts of the Republic of Cyprus. If You are a consumer and have a habitual residence in the EU, You may also bring a claim to enforce your consumer rights in the place of exclusive jurisdiction or in the EU country where You live. Moreover, You may also use an online dispute resolution platform, which can be accessed here: https://ec.europa.eu/consumers/odr/. However, consider contacting us first before officially raising any claim.
16. General Provisions
Alma Total Solutions reserves the right to make changes to our Services and to revise these Terms, Special Terms and documentation or any portion thereof at any time by updating the relevant document (i) to reflect changes to the Account, Services or website or in how Alma Total Solutions does business, (ii) for legal, regulatory or security reasons, or (iii) to prevent abuse or harm. You will be notified about any revision of these Terms or Special Terms by email or via your Product or Account. If You disagree with the proposed changes to these Terms or Special Terms, You may cancel your Account and/or cancel the affected purchased Services within 30 days after receiving a notice of the change. Unless You cancel your Account or Service within this time limit, the proposed changes will be deemed accepted and become effective towards You as of the date You received a notice of the change.
Contact Information
If You have any questions or queries or would like to submit a notice or a claim, do not hesitate to contact us using our contact details or our Technical Support Page if You are experiencing any technical issues. We will do our best to solve any such queries within 30 days after receiving them.
Services, Service Modules and Special Terms for their Usage
1. AlmaCloudBackup
AlmaCloudBackup web portal and mobile app enable You to manage your AlmaCloudBackup Services and Products associated with your Account and devices where our Product is installed by using your Account. You can view the backup status of the devices protected by such associated Services and/or Products, receive important notifications about managed devices and Products, add, buy or renew expired Offering or License (by use of a separate platform), download Products to your device, share them with your family and friends or enjoy other functionalities as described in the documentation. Product Administration will be enabled after You successfully create an Account, but you will be able to use most of its functionalities only after you associate at least one Product with your Account. The documentation may state the maximum number of Products or devices You can manage from your Account.
2. Backup and Restore
Backup and Restore helps to protect your data from loss by creating backups and allowing restoration in case of data loss. It includes features such as scheduled backups, encrypted backups, and incremental backups. To use Backup and Restore, You need to install the relevant Product(s) on those device(s) that should benefit from the Service.
3. Secure Data Transfer
Secure Data Transfer allows You to securely transfer your data over the network. This Service may only be available to You if You have subscribed to our small business Offering.
4. Advanced Data Protection
Advanced Data Protection enables You to use advanced security features to protect your backup data, including encryption and secure access controls. This Service may only be available to You in case You have subscribed to our Offering Tier.
5. Data Retention and Archiving
Data Retention and Archiving helps You to manage the retention policies of your backup data and allows archiving of data based on customizable policies. This Service may only be available to You in case You have subscribed to our Offering Tier.
6. Multi-Device Support
Multi-Device Support allows You to use the Services on multiple devices and manage backups from a central account. This Service may only be available to You in case You have subscribed to our Offering Tier.
7. Cloud Storage Integration
Cloud Storage Integration enables You to integrate your backup data with popular cloud storage services for offsite backup and disaster recovery. This Service may only be available to You in case You have subscribed to our Offering Tier.
8. Automatic Updates
Automatic Updates ensure that your AlmaCloudBackup Product is always up-to-date with the latest features and security patches. This Service may only be available to You in case You have subscribed to our Offering Tier.
9. User Access Management
User Access Management allows You to manage access to your backup data by different users and set permissions based on roles. This Service may only be available to You in case You have subscribed to our Offering Tier.
By accepting these Terms, You also acknowledge that provision and use of AlmaCloudBackup and processing of data in the context of its provision is also regulated by the End User License Agreement and Privacy Policy of associated AlmaCloudBackup software, which are available in the documentation and which shall be accepted during the software installation process.