Terms of service
These terms govern the use of Nozero, a product of Active Joules. By creating an account or using the service, the customer ("you") agrees to them.
1. The service
Nozero is a hosted service that backs up and restores servers, databases, virtual machines, device configurations and application data, tests restores and supports recovery, as described on our website and in the product. Your plan or order form sets your features, limits and fees.
2. Accounts
You are responsible for your users, their credentials and the activity under your account. Keep credentials and keys confidential, use two-factor sign-in, and tell us promptly about any unauthorised use.
3. Your data
You keep all rights to the data you back up ("customer data"). You grant us the rights needed to host, process and transmit it to provide the service. You are responsible for having the rights and lawful basis to back up the data you choose, including personal data. Our processing of personal data follows the data processing addendum, which forms part of these terms.
4. Acceptable use
You must follow the acceptable use policy. We may suspend access that threatens the security or stability of the service or breaks the law, telling you promptly and restoring access once the issue is resolved.
5. Security and availability
We protect the service and customer data with the measures in our trust center, aim for high availability, and announce maintenance in advance in the product and on the status page. Backups and restore tests reduce risk; you remain responsible for choosing what to protect, how often and for how long, and for reviewing restore test results.
6. Fees
Fees are set by your plan or order form, are due in advance unless agreed otherwise, and exclude taxes. We may change prices with at least 30 days' notice, effective from your next billing period.
7. Term and termination
These terms apply while you use the service. Either party may end the subscription at the end of a billing period, or immediately for a material breach not remedied within 30 days of notice. After termination you can export your data for 30 days; we then delete it as described in the trust center.
8. Confidentiality
Each party protects the other's confidential information with at least reasonable care and uses it only for this agreement.
9. Warranties
We provide the service with reasonable skill and care, substantially as described. Otherwise, to the extent the law allows, the service is provided "as is", without other warranties.
10. Limitation of liability
To the extent the law allows, neither party is liable for indirect or consequential losses or loss of profits, and each party's total liability is limited to the fees paid or payable in the 12 months before the claim. These limits do not apply to fraud, wilful misconduct, your payment obligations or liability that cannot be limited by law.
11. Changes to these terms
We may update these terms and will give at least 30 days' notice of material changes in the product or by email.
12. Governing law and jurisdiction
These terms are governed by the laws of India, and the courts at Chennai, Tamil Nadu have exclusive jurisdiction, unless mandatory law gives you other rights.
13. Contact us
Active Joules
39, Radhakrishan Road, Arumbakkam, Chennai 600103, India
connect@activejoules.com