Terms of Service

1. Agreement to Terms

By accessing or using Neticks ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms constitute a legally binding agreement between you and Neticks Inc., a Delaware corporation ("Neticks", "we", "us", or "our").

2. Description of Service

Neticks provides enterprise-grade endpoint backup and data protection services for Windows, macOS, Office 365, Slack, and Google Workspace. Our Service includes:

Automated backup solutions for endpoints and cloud services
Enterprise-grade encryption and security protocols
Data storage on client-designated cloud infrastructure
24/7 monitoring and support services
Data restoration and recovery capabilities

          Important: Neticks does not store your data on our own cloud infrastructure. All backup data is stored exclusively on cloud storage systems designated and controlled by you, the client. We provide the backup software and management interface only.
        

3. Data Encryption and Security

Neticks employs industry-standard encryption protocols to protect your data:

AES-256-CBC Encryption: All data in transit and at rest is encrypted using Advanced Encryption Standard (AES) with 256-bit keys in CBC mode.
End-to-End Encryption: Data is encrypted before transmission and remains encrypted throughout the backup process.
Key Management: Encryption keys are managed securely and are never stored in plain text.
Secure Transmission: All communications use TLS/SSL protocols to ensure secure data transfer.

You are responsible for maintaining the security of your cloud storage credentials and access controls. Neticks is not liable for unauthorized access resulting from compromised client credentials.

4. User Responsibilities

4.1 Account Security

You are solely responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Ensuring your cloud storage infrastructure meets security requirements
Configuring appropriate access controls for your cloud storage

4.2 Acceptable Use

You agree NOT to:

Use the Service for any illegal or unauthorized purpose
Violate any laws in your jurisdiction
Transmit any viruses, malware, or malicious code
Attempt to gain unauthorized access to the Service or related systems
Reverse engineer, decompile, or disassemble any part of the Service
Use the Service to backup or store illegal, harmful, or prohibited content

5. Data Ownership and Storage

You retain full ownership and control of all data backed up through the Service.

All backup data is stored on cloud infrastructure designated by you
Neticks does not access, view, or process your data except as necessary to provide the Service
You are responsible for all costs associated with your cloud storage
Neticks is not responsible for data loss resulting from issues with your cloud storage provider
You must ensure your cloud storage infrastructure is properly configured and accessible

6. Service Availability and Uptime

While we strive for 99.9% uptime, Neticks does not guarantee uninterrupted or error-free service. The Service may be temporarily unavailable due to:

Scheduled maintenance
System updates or upgrades
Issues with your cloud storage provider
Force majeure events

Neticks is not liable for any damages resulting from Service unavailability.

7. Payment Terms

7.1 Subscription Fees

Access to the Service requires payment of subscription fees as specified in your service plan. Fees are billed in advance on a monthly or annual basis.

7.2 Payment Obligations

All fees are non-refundable except as required by law
Failure to pay may result in immediate suspension or termination of your account
You are responsible for all taxes applicable to your use of the Service

7.3 Price Changes

Neticks reserves the right to modify pricing with 30 days' notice. Continued use of the Service after price changes constitutes acceptance of new pricing.

8. Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is the exclusive property of Neticks Inc. and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Service solely for your internal business purposes in accordance with these Terms.

9. Limitation of Liability

          TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETICKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE.
        

Neticks' total liability for any claims arising from the Service shall not exceed the amount you paid to Neticks in the twelve (12) months preceding the claim.

Neticks is not responsible for:

Data loss resulting from your cloud storage provider failures
Unauthorized access due to compromised client credentials
Issues with third-party services integrated with the Service
Data corruption resulting from client-side configuration errors

10. Indemnification

You agree to indemnify, defend, and hold harmless Neticks Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Any content or data you backup through the Service

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting support@neticks.com. Upon termination, your access to the Service will be immediately suspended.

11.2 Termination by Neticks

Neticks may suspend or terminate your account immediately if:

You violate these Terms
You fail to pay required fees
You engage in fraudulent or illegal activity
Required by law or court order

11.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. Neticks is not obligated to retain or provide any of your data after termination. You are responsible for exporting your data before termination.

12. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

Neticks complies with applicable data protection laws, including GDPR and CCPA, to the extent applicable to our operations.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Delaware.

14. Changes to Terms

Neticks reserves the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

15. Contact Information

If you have any questions about these Terms, please contact us:

Neticks Inc.
Delaware, United States
Email: support@neticks.com

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Neticks regarding the Service and supersede all prior agreements and understandings.