TERMS
Introduction
Zoolz is dedicated to making the Cloud Backup Services easy to access and to use and to providing you with the highest standards of service. This SLA formally sets forth Zoolz commitment to ensure 99.9% uptime of the Cloud Backup Services.
Availability
For as long as you are subscribed to the Cloud Backup Services in accordance with the Terms of Use, Zoolz will ensure that the Cloud Backup Services will be available and operational at an annual Uptime Percentage of at least 99.9%, as measured over any calendar month (the “Service Level Goal”). If Zoolz fails to meet the Uptime Percentage in any calendar month, and as long as you have met your obligations under the Terms of Use, you may notify Zoolz of such failure by sending an email to Zoolz at support@Zoolz.com, and Zoolz will provide you with a Service Credit. The Service Credit is your sole and exclusive remedy for a failure by Zoolz to meet the Service Level Goal.
SLA Exclusions
The SLA does not apply to any services that expressly exclude this SLA (as stated in the documentation for such services) or to Downtime resulting from:
Amazon Web Services outage or other causes beyond Zoolz reasonable control, including force majeure events; or
Your or any third party’s equipment, services, actions or lack thereof.
Zoolz scheduled maintenance and version upgrades.
Definitions
“Downtime” means the total number of minutes in a calendar month during which the Cloud Backup Services are unavailable or inoperable.
“Monthly Uptime Percentage” means the total number of minutes in a calendar month minus Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
“Service Credit” means a credit calculated as the difference between the Service Level Goal and the Monthly Uptime Percentage, multiplied by the monthly fee payable by you to Zoolz for the applicable month in accordance with the Terms of Use.
General
This End User License Agreement, including the Privacy Policy, Terms of Service, and Frequently Asked Questions (FAQs), which are incorporated herein by this reference and which you can access by clicking on each of the hyperlinks above (collectively, the “Terms”), are a binding contract between you and Zoolz. (“Zoolz”). You may print the foregoing documents using the print function in your browser. You understand and agree that by installing, accessing, or using the software, products, services, applications and associated documentation and Enhancements (collectively, the “Zoolz Products”), you will be bound by these Terms. If you agree to these Terms on behalf of a business or organization, you represent and warrant that you have the authority to bind that business or organization to these Terms and your agreement to these Terms will be treated as the agreement of the business or organization. In that event, “you” and “your” will refer to and apply to the user of the Zoolz Products or that business or organization, as required by the context. If you do not agree with these Terms, Zoolz is not willing to license to you and you may not use the Zoolz Products.
Your License
Zoolz Products are licensed and not sold to you. During the term of your subscription, Zoolz grants to you a revocable, limited, non-transferable, non-exclusive license to use Zoolz Products, solely in connection with the backup of your data. Except for the limited license granted in these Terms, Zoolz and its licensors retain all right, title and interest in and to the Zoolz Products, all copies thereof, and all proprietary rights therein, including copyrights, patent, trademark and trade secret rights. You may not copy or distribute Zoolz Products, except to the extent that copying is necessary to use Zoolz Products for the purposes set forth herein. You may not reverse engineer, decompile, disassemble, modify, or create derivative works of Zoolz Products. You may not alter or modify any disabling mechanism which may be included in Zoolz Products. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer Zoolz Products, or directly or indirectly permit any third party to copy Zoolz Products. You may not remove any proprietary notices (e.g., copyright and trademark notices) from Zoolz Products. You must reproduce the copyright and all other proprietary notices displayed on Zoolz Products and on each permitted backup or archival copy. All use of Zoolz Products shall be in accordance with these Terms and its then-current documentation. You shall be solely responsible for ensuring that your use of Zoolz Products is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
How It Works
Zoolz Products save a copy of each file that is automatically selected for backup and other files you designate for backup (your “Backed-up Data”) to a server operated by Amazon. Zoolz Products automatically scan for changes or additions to the Backed-up Data and then periodically re-save a copy or a part of a modified file or create a copy of a newly designated file. For a complete list o