UNIFYING

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Product Terms of Use

Last updated October 2026

These terms govern subscriptions to, free trials of, and use of software products made available by UNIFYING Technologies PVT. LTD., Plot C-55, G Block, Bandra Kurla Complex, Bandra East, Mumbai, 400098, India, with an office at A3 Irani Estate, P.P Road, Andheri East, Mumbai, 400069, INDIA — our global headquarters — including Tenant Backup and AI Guard (each a Product). Where an order form names UNIFYING Technologies LLC, 2524 Tybee Rd, Saint Cloud, FL 34769, USA, as the contracting party, these terms are made with that entity. Consulting work is governed separately by our Terms of Consulting Services. Questions: legal@theunifying.com.

1. Definitions

Customer — the organisation that starts a trial or buys a subscription. User — an individual the Customer authorises to use a Product. Order — an online checkout, order form or quote accepted by both parties. Customer Data — data, content and backups the Customer or its Users process through a Product. Subscription Term — the period stated in the Order.

2. Accepting these terms

By starting a trial, placing an Order or using a Product, the person doing so confirms they have authority to bind the Customer to these terms. Products are intended for business use and are not offered to consumers.

3. Subscription and licence

For the Subscription Term we grant the Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Product for its internal business purposes, within the plan limits (such as tenants, users, protected seats or storage) stated in the Order.

The Customer must not resell, rent or provide the Product to third parties as a service; copy, modify or create derivative works; reverse engineer, decompile or disassemble it (except where the law permits and cannot be excluded); circumvent licence limits or security controls; or use the Product to build a competing product. We and our licensors retain all rights in the Products, including updates.

4. Free trials

We may offer a free trial for a limited period stated at sign-up. Trials are provided "as is", without service level commitments, support obligations or warranties, and may carry feature or capacity limits. We may end or change a trial at any time.

A trial does not convert to a paid subscription unless the Customer places an Order or expressly opts in to conversion. If no subscription follows, Customer Data created during the trial may be deleted 30 days after the trial ends. Only one trial per organisation is permitted unless we agree otherwise.

5. Fees, billing and renewal

Fees. Subscription fees are set out in the Order and are billed in advance, monthly or annually, in USD, EUR or INR. Unless the Order states otherwise, payment is due within 30 days of invoice, or at checkout for card payments.

Automatic renewal. Subscriptions renew automatically for the same period unless either party gives notice of non-renewal before the end of the current term — at least 30 days for annual plans, or before the next billing date for monthly plans. We will give at least 30 days' notice of any price change, which applies from the next renewal.

Upgrades and overages. Additional capacity or upgrades are billed pro rata for the remaining term. Usage above plan limits may be billed at the then-current rate after notice to the Customer.

Refunds. Fees are non-refundable except where these terms provide a refund or applicable law requires one.

Taxes and late payment. Fees exclude sales tax, VAT, GST and withholding taxes, which the Customer pays. We may suspend access for invoices more than 15 days overdue after written notice.

6. Accounts and acceptable use

The Customer is responsible for its Users, for keeping credentials secure, and for all activity under its account. The Customer must not use a Product to break the law, infringe others' rights, distribute malware, gain unauthorised access to systems, process data it has no right to process, or interfere with the Product or other customers.

7. Customer Data

The Customer owns its Customer Data. We access and process it only to provide, secure and support the Product, as instructed by the Customer and as described in our Privacy Policy. Where we process personal data on the Customer's behalf, our Data Processing Agreement applies, consistent with GDPR Article 28, UK GDPR, India's DPDPA and applicable US state law.

Customer-owned storage. Where a Product stores backups in storage the Customer controls (for example its own Azure Storage, AWS S3 or local storage), the Customer is responsible for that storage account, its cost, availability, retention settings and access controls.

Export and deletion. During the Subscription Term and for 30 days after it ends, the Customer may export its Customer Data. After that we delete Customer Data held in our systems, except where law requires us to retain it. Data held in Customer-owned storage remains under the Customer's control.

Usage data. We may collect technical and usage data about the Product to operate, secure and improve it, and may use it in aggregated or de-identified form.

8. Microsoft and other third-party services

Products connect to third-party platforms such as Microsoft 365, Microsoft Entra ID, Azure and AWS, using permissions the Customer grants. Those services are governed by the Customer's agreements with their providers. We are not responsible for their availability, changes to their interfaces or limits, or their acts and omissions, and Product features may change where a provider changes or withdraws functionality.

The Customer is responsible for granting and maintaining the permissions a Product requires, and may revoke them at any time, which may stop the Product working.

9. AI features

Some Products, including AI Guard, use automated analysis or artificial intelligence. Outputs such as findings, scores, alerts and recommendations may be incomplete or inaccurate and are provided to support — not replace — the Customer's own review and decisions. The Customer remains responsible for actions it takes based on them.

We do not use Customer Data to train general-purpose AI models made available to other customers. Where a Product uses third-party AI providers, they act as our subprocessors under the Data Processing Agreement.

10. Availability, support and changes

We aim to keep Products available at all times except for planned maintenance, which we will announce in advance where practical. Any uptime commitment, service credits and support response times are set out in the applicable Service Level Agreement or Order; service credits are the Customer's sole remedy for missing them.

We may update Products and add, change or remove features, but will not materially reduce the core functionality of a paid subscription during its current term.

Previews. Features labelled preview or beta are optional, provided "as is" and may change or be withdrawn.

11. Security

We maintain administrative, technical and organisational safeguards designed to protect Customer Data, including encryption in transit, least-privilege access and secure development practices. We will notify the Customer without undue delay, and within the time required by applicable law, after becoming aware of a security incident affecting its Customer Data.

The Customer is responsible for its own configurations, credentials, storage and for regularly testing that restores meet its needs.

12. Suspension

We may suspend access, with notice where practical, if the Customer's use threatens the security or integrity of a Product or other customers, breaches section 6, is required to be stopped by law, or fees remain unpaid as described in section 5. We will restore access once the cause is resolved.

13. Term and termination

These terms apply for as long as the Customer has a trial or subscription. Either party may terminate for material breach not cured within 30 days of written notice, or immediately if the other party becomes insolvent. If the Customer terminates for our uncured breach, we will refund prepaid fees for the remaining term.

On termination the Customer's right to use the Product ends, outstanding fees become payable, and section 7 governs export and deletion of Customer Data.

14. Warranties and disclaimers

For paid subscriptions we warrant that the Product will perform materially as described in its documentation. If it does not, we will use reasonable efforts to correct it; if we cannot, either party may terminate the affected subscription and we will refund prepaid fees for the remaining term.

Except as expressly stated, Products are provided "as is" and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that a Product will be uninterrupted or error-free, prevent every incident, or recover every item of data.

15. Indemnities

We will defend the Customer against third-party claims that a Product, as provided by us, infringes their intellectual property rights, and pay resulting damages and costs finally awarded. We may modify the Product, obtain a licence, or terminate and refund prepaid fees. This does not apply to claims caused by Customer Data, combinations with items we did not supply, or use in breach of these terms.

The Customer will defend us against third-party claims arising from Customer Data or the Customer's breach of section 6.

16. Limitation of liability

Neither party is liable for indirect, incidental, special, punitive or consequential damages, or for loss of profits, revenue or goodwill. Each party's total liability is capped at the fees paid or payable for the affected Product in the 12 months before the claim. For free trials our total liability is capped at USD 100.

These limits do not apply to the Customer's payment obligations, either party's indemnity obligations, breach of confidentiality, gross negligence, wilful misconduct, or liability that cannot be limited by law.

17. Confidentiality and feedback

Each party will protect the other's non-public information with reasonable care and use it only for the purposes of these terms. If the Customer gives feedback or suggestions, we may use them without obligation.

18. Compliance and export

Each party complies with applicable law, including data protection, anti-corruption and sanctions law. The Customer must not use or make Products available in breach of US, EU, UK or Indian export control and sanctions rules.

19. Governing law

The governing law follows the contracting entity: the laws of India, with courts in Mumbai, where UNIFYING Technologies PVT. LTD. contracts; and the laws of the State of Florida, with courts in Florida, where UNIFYING Technologies LLC contracts — unless the Order states otherwise. Mandatory local law protections continue to apply.

20. Changes to these terms

We may update these terms. For paid subscriptions, material changes take effect at the next renewal, and we will give at least 30 days' notice by email or in the Product. Continued use after that date means acceptance.

21. General

These terms, the Order, the Data Processing Agreement and any Service Level Agreement form the entire agreement for the Products; where they conflict, the Order prevails. Neither party may assign them without consent, except to an affiliate or successor in a merger or sale. Neither party is liable for delay caused by events beyond its reasonable control. If a provision is invalid, the rest remains in force. The English version prevails.

Questions about this page? Email legal@theunifying.com.