TERMS OF USE

Effective Date: April 1, 2025

This Backup Service Terms of Use (“Agreement”) is entered into by and between the Subscriber (“Subscriber,” “you,” or “your”) and Technology Advanced Services Inc., operating as TASProvider (“Provider,” “we,” “us,” or “our”), and governs your use of the data backup services (“Backup Service” or “Service”) provided by TASProvider.

By registering for, accessing, or using the Backup Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you must discontinue use of the Service.

This Agreement applies solely to the Backup Service. All general terms, such as billing, acceptable use, privacy, governing law, and dispute resolution, are governed by TASProvider’s General Terms and Conditions, incorporated herein by reference and available at https://www.tasprovider.com/terms-of-service. In the event of a conflict, this Agreement prevails solely for the Backup Service.

TASProvider may modify this Agreement at any time without prior notice. Continued use after changes constitutes acceptance.

TASProvider may utilize third-party infrastructure or services to deliver the Backup Service, including MSP360 and or Datto. Your use of the Backup Service is subject to the terms and conditions of those third-party providers, which may be updated without notice. You are solely responsible for reviewing this Agreement, the General Terms, and all applicable third-party provider terms. For MSP360, their terms are available at: https://www.msp360.com/company/legal/terms-and-conditions/. For Datto, their terms are available at: https://www.kaseya.com/legal/website-terms-of-use/

The most current version of this Agreement will always be posted on our website.

1. BACKUP SERVICE OVERVIEW

The Backup Service enables the Subscriber to transmit, store, and retrieve data via remote infrastructure which may be maintained by third-party service providers selected by TASProvider. The Provider may or may not host, manage, or control the infrastructure used for data backup.

2. THIRD-PARTY SERVICE PROVIDERS

TASProvider relies on independent third-party vendors, including MSP360, Datto, to provide the Backup Service. These vendors operate under their own service terms, which may be updated from time to time without notice. The Subscriber’s use of the Backup Service is subject to those third-party terms, including but not limited to:

● MSP360 Terms and Conditions: https://www.msp360.com/company/legal/terms-and-conditions/

● Datto Terms and Conditions: https://www.kaseya.com/legal/website-terms-of-use/

● TASPprovider Terms and Conditions: https://www.tasprovider.com/terms-of-service/

By subscribing to or using the Backup Service, you expressly acknowledge, accept, and agree to be bound by TASProvider’s Backup Terms of Use and General Terms and Conditions in addition to the terms of any third-party service providers.

You further acknowledge and agree that:

● It is your sole responsibility to review and comply with the terms and conditions of any applicable third-party service providers, including MSP360 and or Datto.

● TASProvider may change or replace third-party providers at any time without notice or liability.

● Your data may be transmitted to or stored in jurisdictions outside of Canada, including the United States and other regions with different data protection laws. By using the Backup Service, you consent to such cross-border transfers, understanding that data protection laws may differ between jurisdictions. TASProvider will take reasonable measures to ensure that any such transfers comply with applicable legal requirements.

● TASProvider and its third-party providers disclaim all liability for any data loss, corruption, unauthorized access, service interruption, or failure, and make no warranties regarding the security, reliability, or performance of the Backup Service.

● Backup upload and restoration speeds, system responsiveness, and availability may vary based on factors outside of the Provider’s control, including but not limited to internet connectivity, hardware limitations, and third-party service availability. No service-level commitment, warranty, or guarantee is made with respect to performance metrics such as speed, throughput, or timing.

3. NO WARRANTY

The Backup Service is provided strictly on an “as is” and “as available” basis, without any express or implied warranties. The Provider expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

4. Paid Non-Guaranteed Restoration Service

The Subscriber acknowledges that restoration will have a cost and or may not be successful, complete, or accurate, and agrees that the service is provided without any warranty or guarantee of outcome.

5. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law:

● TASProvider’s total cumulative liability for any claims related to the Backup Service shall not exceed the amount paid by the Subscriber for the Backup Service in the previous 12 months.

● Under no circumstances shall TASProvider or its third-party vendors be liable for any incidental, indirect, special, or consequential damages, including but not limited to data loss, business interruption, or lost profits.

6. DATA RESPONSIBILITY

DISCLAIMER: The Backup Service is intended to function as a data protection tool and shall not be relied upon as the sole or primary method of data retention or disaster recovery. The Provider strongly recommends that the Subscriber maintain independent and redundant backup systems outside the scope of this Service.

The Subscriber is solely responsible for the content, legality, and integrity of all data backed up through the Service. The Provider does not access, monitor, or validate the Subscriber’s stored content.

Subscriber is also responsible for securely managing all access credentials (e.g., passwords, encryption keys). The provider has no obligation to assist in data recovery if credentials are lost.

It is the Subscriber’s sole obligation to order verification through the provider to ensure that any backed-up data is restorable and usable for its intended purpose, and to independently test such functionality as necessary.

7. TERMINATION AND DATA DELETION

The Provider may suspend or terminate access to the Backup Service at any time, for any reason described in the General Terms and Conditions, including but not limited to non-payment, breach of agreement, or suspicious or fraudulent activity, and without liability.

Upon suspension, cancellation, or termination of the Backup Service, all associated data stored through the Service will be subject to permanent deletion within seven (7) calendar days, without further notice to the Subscriber.

The Subscriber is solely responsible for ordering data export or retrieving any required data prior to termination. The Provider shall have no liability or obligation to recover or restore any data following deletion, and no exception to this policy shall be permitted absent a written agreement executed by both parties.

No refunds shall be issued for any prepaid or unused portions of the subscription period unless explicitly stated in the General Terms and Conditions or agreed to in writing.

8. MODIFICATIONS

The Provider may amend this Agreement at any time. The continued use of the Backup Service after changes have been made constitutes the Subscriber’s acceptance of the updated Agreement.

9. THIRD-PARTY LIABILITY DISCLAIMER & INDEMNIFICATION

TASProvider is not liable for any act or omission of third-party service providers used in connection with the Backup Service. You agree to indemnify, defend, and hold harmless TASProvider from any claim, loss, or liability arising from your use of third-party software, services, or integrations within the Backup Service.

10. INCORPORATION OF GENERAL TERMS

DISCLAIMER: The Backup Service is intended to function as a data protection tool and shall not be relied upon as the sole or primary method of data retention or disaster recovery. The Provider strongly recommends that the Subscriber maintain independent and redundant backup systems outside the scope of this Service.

For all other legal provisions, including but not limited to privacy, jurisdiction, refunds, billing disputes, acceptable use, force majeure, and indemnification, please refer to our full General Terms and Conditions at https://www.tasprovider.com/terms-of-service/.

DISCLAIMER: The Backup Service is intended to function as a data protection tool and shall not be relied upon as the sole or primary method of data retention or disaster recovery. The Provider strongly recommends that the Subscriber maintain independent and redundant backup systems outside the scope of this Service.