Bocada Cloud Terms and Conditions
Effective Date: December 23, 2024
Welcome to Bocada Cloud. These Terms and Conditions (“Terms”) govern your access to and use of our Software-as-a-Service (“SaaS”) product (the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, you may not use the Service.
1. Definitions
1.1 User: A “User” is any individual that creates an account, accesses, or uses the Service, including during the Free Trial period or under a Paid Subscription.
1.2 Billing Entity: A “Billing Entity” is the organization, company, or entity that a User represents and is responsible for payment obligations related to the Service. The Billing Entity of the user is identified during account registration.
1.3 Billing Owner: A “Billing Owner” is a User assigned the role of managing payment information, including entering, updating, and authorizing payments on behalf of the Billing Entity.
1.4 Resource: A “Resource” means any backup master server, any backup media server, or any client resource, either physical or virtual, for which the Service collects data. Click here to see how resources are defined.
2. Free Trial
2.1 Trial Period: New users are granted a 30-day free trial (“Trial Period”) upon account registration.
2.2 Trial Limitations: During the Trial Period, you will have access to all standard features of the Service unless otherwise specified. Bocada reserves the right to modify trial access or features at its discretion.
2.3 Trial Termination: At the end of the Trial Period, if you are monitoring more than 25 resources in your Bocada Cloud account, your access to the Service will be suspended unless a Billing Owner subscribes to a paid plan.
3. Subscription Plans
3.1 Free Subscription: After the Trial Period, if you are monitoring up to (but no more than) 25 resources in your Bocada Cloud account, you can continue to use the Service for free.
3.2 Paid Subscription: After the Trial Period, if you are monitoring more than 25 resources in your Bocada Cloud account, you can continue using the Service if a Billing Owner selects a subscription plan and provides payment information. Otherwise, your access to the Service will be suspended.
3.3 Billing and Payment:
- Subscriptions are billed on a recurring monthly basis.
- Payment must be made via the accepted methods specified on our website.
- Billing Entities are responsible for all fees associated with the selected subscription plan.
3.4 Cancellation: A Billing Owner may cancel the subscription at any time through the “Your Subscription” page in Bocada Cloud. Cancellations will take effect at the end of the current billing cycle period. No refunds will be provided for partial months.
4. User Responsibilities
4.1 Account Information: You agree to provide accurate and up-to-date information when creating and registering for your account. You are responsible for maintaining the confidentiality of your login credentials.
4.2 Prohibited Activities: You agree not to:
- Use the Service for any unlawful purposes.
- Attempt to access or interfere with the accounts or data of users in other Billing Entities.
- Reverse-engineer, modify, or create derivative works of the Service.
4.3 Compliance: You are responsible for complying with all applicable laws and regulations related to your use of the Service.
5. Data and Privacy
5.1 Data Ownership: You retain ownership of all data you enter, or that is collected from external systems, that are inputted into the Service (“User Data”).
5.2 Data Security: Bocada implements reasonable measures to secure User Data. However, no method of transmission or storage is completely secure, and Users acknowledge this risk.
5.3 Data Retention: If your subscription is cancelled, User Data, including all configurations and settings, will be retained for 90 days unless otherwise required by law. After this period, User Data will be deleted. User requests for their data to be deleted any time after cancellation will be honored.
5.4 Privacy Policy: Use of the Service is also governed by Bocada’s Privacy Policy which is incorporated into these Terms.
6. Intellectual Property
6.1 Ownership: All intellectual property rights in the Service, including software, design, and content, are owned by Bocada LLC.
6.2 License: Bocada grants you a limited, non-exclusive, non-transferable license to use the Service during your subscription term.
7. Service Availability and Updates
7.1 Uptime: While Bocada strives to provide uninterrupted access to the Service, we do not guarantee continuous availability. Scheduled maintenance or unforeseen issues may result in temporary downtime.
7.2 Updates: Bocada may modify or update the Service at any time to improve functionality or address security concerns.
8. Limitation of Liability
8.1 No Warranty: The Service is provided “as is” without warranties of any kind, either express or implied.
8.2 Liability Limit: To the maximum extent permitted by law, Bocada is not liable for any direct, indirect, incidental, or consequential damages arising from use of the Service.
9. Termination
9.1 By You: You may terminate your account at any time through the account settings.
9.2 By Us: Bocada reserves the right to suspend or terminate your account if you violate these Terms.
10. Changes to Terms
Bocada may update these Terms from time to time. Changes will be posted on our website and take effect immediately upon posting. Your continued use of the Service constitutes acceptance of the revised Terms.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to its conflict of laws principles.
Contact Us
If you have any questions about these Terms, please contact us at bcsupport@bocada.com.
By creating an account and accessing the Service, you acknowledge that you have read, understood, and agree to these Terms and Conditions.