Terms of Use
By accessing Backuply or using our Services, you agree to these Terms of Use (“Terms”). Backuply is operated by Thetawave Technologies (P) Ltd. (“we,” “us,” or “our”). If you do not agree to these Terms, do not use the Services.
1. Services
Backuply provides ecommerce backup, version history, restore, and related tools through our website and platform apps (including BigCommerce and Ecwid integrations). Features, limits, coverage, and availability may vary by plan and platform. Orders are backup-only in V1. Some restore types are By Request and may take up to 7 days.
2. Electronic communications
By using Backuply or contacting us electronically, you consent to receive communications from us electronically. You agree that notices, agreements, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
3. Your account
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer or share your account without our prior written consent.
We are not liable for unauthorized access resulting from stolen or misused credentials. We may suspend or terminate accounts that violate these Terms or pose security or abuse risks.
Our Services are not intended for users under 13. Users under 18 may use Backuply only with parent or guardian consent where required by applicable law.
4. Subscriptions, cancellation, and refunds
Paid plans renew according to the billing cycle you select unless canceled before the renewal date. You may cancel your subscription at any time through your account or platform billing settings. After cancellation, access continues until the end of the current billing period unless otherwise stated.
Refunds may be available in the following circumstances:
- Duplicate payment: You were charged more than once for the same subscription period.
- Accidental upgrade: You unintentionally selected a higher-tier plan and notify us within 3 days of the charge.
- Technical issues: Persistent technical problems prevent use of the Services and we cannot resolve them in a reasonable time.
- First-time subscriptions: You are not satisfied and request a refund within 7 days of your initial purchase.
To request a refund, contact support@backuply.app within the applicable timeframe. Refunds are typically processed within 7 business days. We may deny requests that fall outside these conditions or applicable timeframes.
For prepaid plans, we may offer a prorated refund for unused subscription time at our discretion, subject to platform billing rules.
5. Acceptable use
You agree not to:
- Use the Services unlawfully or in violation of these Terms.
- Interfere with or disrupt the Services, servers, or networks.
- Attempt unauthorized access to accounts, systems, or data.
- Reverse engineer, scrape, or build a competing service using our APIs or software except as expressly permitted.
- Upload malicious code or content that infringes third-party rights.
6. Third-party platforms and services
Backuply integrates with third-party ecommerce platforms and service providers. We are not responsible for third-party sites, platform outages, or changes to their APIs or policies. Your use of those platforms remains subject to their own terms. Restore quality depends on what those APIs allow.
Links on our website to third-party sites are provided for convenience and do not imply endorsement.
7. Intellectual property
Backuply, its software, branding, documentation, and website content are owned by Thetawave Technologies (P) Ltd. or its licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes.
You retain ownership of your store content. You grant us the rights necessary to host, process, version, and restore that content solely to provide the Services.
8. Backup and restore limitations
Backuply captures objects the platform APIs expose. Some object types are backup-only. Some restores are By Request. We do not guarantee that every store change is captured in real time; Backup Now and nightly reconcile exist because platform webhooks are incomplete. You are responsible for running Backup Now before risky changes and before restore when prompted.
9. Disclaimer of warranties
The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation, or that every store object can be restored.
10. Limitation of liability
To the maximum extent permitted by law, Thetawave Technologies (P) Ltd. and its officers, employees, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill arising from your use of the Services.
Our total liability for any claim relating to the Services is limited to the amount you paid us in the twelve (12) months preceding the claim, or one hundred U.S. dollars (USD $100) if you have not paid fees, whichever is greater.
11. Indemnification
You agree to indemnify and hold harmless Thetawave Technologies (P) Ltd. from claims arising out of your use of the Services, your store content, or your violation of these Terms or applicable law.
12. Termination
We may suspend or terminate your access to the Services at any time for violation of these Terms, non-payment, or operational reasons. You may stop using the Services at any time. Provisions that by their nature should survive termination will survive. On uninstall, we purge snapshots, pins, versions, and blobs for that store.
13. Governing law
These Terms are governed by the laws of India. Disputes shall be subject to the exclusive jurisdiction of the courts in Chennai, India, unless otherwise required by mandatory local law.
14. Changes to these Terms
We may update these Terms from time to time. Updated Terms will be posted on this page with a revised effective date. Your continued use of the Services after changes constitutes acceptance of the updated Terms.
15. Contact us
Questions about these Terms? Contact us at support@backuply.app.