Cloud Service Providers, Cloud Storage Providers, Mumbai, India

Terms and conditions

These terms of service (“Terms”) are a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and Digital Warehouse. Digital Warehouse operates the Digital Warehouse online services and are referred to in these Terms as “BigMIND.” These Terms govern your use of any Digital Warehouse online services (“Services”), the Digital Warehouse website (“Site”), the client software distributed with this Agreement and any other software provided by Digital Warehouse, including any updates and any accompanying written documentation (“Software”). Collectively, the Software, the Site and the Services may be referred to as the “Products.” By clicking the “I AGREE” or similar button, or using any Products, you agree to these Terms. If you do not agree to these Terms, then do not indicate acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

You must register with Digital Warehouse to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. BigMIND Home currently offers a free personal account with limited storage capacity (“Free Account”) and various fee-bearing accounts offering larger storage capacities and other feature enhancements (“Paid Accounts”). If you sign-up for a Paid Account, you agree to pay the fixed subscription and variable usage-based fees with a 30-day money back period, if any, for the account type you have selected and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you exceed any quota allocated to your account, you agree that Digital Warehouse may restrict your ability to backup further data until you reduce your storage usage or upgrade your account. If you use a credit card for payment, you authorize Digital Warehouse to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify Digital Warehouse in advance that you do not want your subscription renewed.

You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your usernames and accounts, including any sub-accounts. If you lose your passwords or the encryption keys for your accounts, you may not be able to access your backup data. You must notify Digital Warehouse immediately of any unauthorized use of your accounts or any other security breach related to the Service. If Digital Warehouse determines that a security breach has occurred or is likely to occur, Digital Warehouse may suspend your accounts and require you to change your usernames and passwords.

You agree that Digital Warehouse collection, use and disclosure of your personal information, backup data or any other data will be governed by Digital Warehouse Privacy Policy, which is incorporated into these Terms by reference.

Subject to these Terms, Digital Warehouse grants you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services and Software. You may install and use the Software in executable form only on the number and type of devices that are specified in the then-current documentation for your account type as described on the Site or as specified in other transaction documentation provided by Digital Warehouse or an authorized reseller. You acknowledge that certain third-party code may be provided with the Software and that the license terms accompanying that code will govern its use.

You acknowledge that Digital Warehouse or third parties own all right, title and interest in and to the Products, including all intellectual property rights. Except for the license granted in these Terms, Digital Warehouse and its licensors retain all rights in the Products, and no implied licenses are granted to you.

You specifically agree that you will not, nor will you permit another person to:

sublicense, lease, rent, loan, transfer or distribute any portion of the Products;

modify, adapt, translate or create derivative works from the Products;

decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products; or

remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Software or on the Site.

You are solely responsible for your conduct related to the Service and any backup data you store on the Service. You specifically agree that you will not use the Products to:

violate any laws or regulations;

infringe the intellectual property or other rights of third parties;

transmit any material that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.

Digital Warehouse respects the intellectual property of others and requires that users of the Service do the same. When you use the Products, you may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. In appropriate circumstances, Digital Warehouse will terminate the accounts of infringers.

You agree to defend, indemnify, and hold Digital Warehouse, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:

your use of the Products

your violation of these Terms;

your violation of any third party right, including any intellectual property right; or

any claim that use of your backup data caused damage to a third party.

This indemnity obligation will survive the termination or expiration of your account and these Terms.

Digital Warehouse reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part, without notice. While not obligated to do so, Digital Warehouse will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message or by posting relevant information on the Site.

Digital Warehouse reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Products following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Products immediately.

These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Products.

If you have a Free Account, Digital Warehouse may terminate your account and these Terms immediately and without notice if Digital Warehouse software fails to access the Service or to perform a backup for more than thirty (30) days (Digital Warehouse is not activelty installed on your computer) or you fail to comply with these Terms. If you have a Paid Account (Premium or Business), Digital Warehouse may terminate your account and these Terms after (30) days and without notice if you fail to renew your subscription, fail to pay any fees or invoices when due or otherwise fail to comply with these Terms.

On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access and restore your backup data. Also, you specifically agree that Digital Warehouse has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from Digital Warehouse systems.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU SPECIFICALLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Digital Warehouse, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, Digital Warehouse, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU SPECIFICALLY AGREE THAT Digital Warehouse, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR IN ANY WAY RELATING TO THE PRODUCTS.

IF YOU HAVE A PAID ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF Digital Warehouse, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING THE 30 DAY PERIOD BEFORE THE RELEVANT CLAIM. IF YOU HAVE A FREE ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF Digital Warehouse, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO ONE US DOLLARS ($1). YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Digital Warehouse.

You acknowledge that use of the Products may be subject to the export and import laws of the United Kingdom and other countries. You agree to comply with all export and import laws and regulations. In particular, you acknowledge that the Products may not be exported or re-exported to any U.K. embargoed countries or to anyone on the U.K. Treasury Department’s list of Specially Designated Nationals or the U.K. Department of Commerce Denied Persons List or Entity List. By using the Products, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Products for any purposes prohibited by U.K. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

These Terms and the relationship between you and Digital Warehouse will be governed by the laws of the United Kingdom, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in London to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that Digital Warehouse may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

These Terms constitute the entire agreement between you and Digital Warehouse and completely replace any prior agreements between you and Digital Warehouse in relation to the Products. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. The failure of Digital Warehouse to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. You agree that any claim or cause of action related to these Terms or the use of the Products must be filed within one (1) year after the cause of action arose or be forever barred.

You may not assign or transfer any of your rights or obligations under these Terms to a third party without the prior written consent of Digital Warehouse Digital Warehouse may freely assign this Agreement.

Privacy Policy

This Privacy Policy explains the practices and policies of Digital Warehouse regarding the collection and protection of Personal Data supplied by users or collected by us from users of Digital Warehouse websites, including Digital Warehouse.com, Digital Warehouse.com, and the Digital Warehouse and Digital Warehouse backup services (the “Service”).

Digital Warehouse defines “Personal Data” as any data from which it is practical to directly determine the identity of an individual. Any capitalized terms not defined in this Privacy Policy have the meanings given in the Service’s License and Product Agreement (the “User Agreement”). This Privacy Policy may be updated by Digital Warehouse from time to time. Digital Warehouse will provide notice of materially significant changes to the Privacy Policy by posting a notice on its websites.

By registering to use the Service, you agree (1) to comply with the terms and conditions of this Privacy Policy and (2) Digital Warehouse may process (i.e., collect, use, etc.) your Personal Data as described in this Privacy Policy or the User Agreement. Personal Data may be processed by Digital Warehouse in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Data may be less stringent.

Personal Data

Once you register with Digital Warehouse and sign in to the Service, you are not anonymous to Digital Warehouse.

When registering with Digital Warehouse, you provide Personal Data, which may include company name, industry, number of employees, phone number, your title, city, state, country, zip code, a user name, and a confirmed email address. When backing data up with the Service, you send us that data and you also are sending file system information, including names of files and directories. Digital Warehouse may also record your IP address when you submit information.

Digital Warehouse also may collect, at your option, certain preference and demographic information from you.

All information collected by Digital Warehouse is used for internal purposes of providing the Service, providing support to users, and to improve services. Aggregating non-identifying information supplied by users allows Digital Warehouse to understand its user base and to improve services.

Digital Warehouse. may also use your company name, logo, and feedback for marketing purposes. For example, Digital Warehouse. may use information you provide to contact you to further discuss your interest in our products or services and to send you information regarding Digital Warehouse. and its partners, such as information about promotions or events.

To protect your account information, please keep your password secure.

All Users may opt to remove their Personal Data from our live database by contacting Digital Warehouse and canceling their Digital Warehouse user account. Users of the Digital Warehouse.com Services may also cancel their user account by logging into their account, selecting My Account, and clicking on Delete Account or request from the person who added that person to the account for removal.

Digital Warehouse does not intentionally gather Personal Data about visitors who are under the age of 13.

We will not sell or market the email addresses or other collected personal information of registered Users to third parties.

We will not view the files that you backup.

We may view your file system information (file extensions, sizes etc. but not your file contents) to provide technical support.

You acknowledge and agree that Digital Warehouse may occasionally send you administrative communications regarding your account or the Service via email.

Cookies and Passive Data Collection

Digital Warehouse uses cookie, IP address, and URL information to improve and further develop the Service, and to provide enhanced or geographically differentiated features and service levels to Users, where available. Digital Warehouse uses cookies to save User screen names, session validations, and on Users’ browsers and hard drives, and may use them to provide tailored products and services to those Users, as they become available.

IP Addresses also help us diagnose network congestion, problems with our servers and otherwise assist in the administration and delivery of the Service to our Users.

Links to Third Party Sites

Digital Warehouse websites may contain links to other sites that are not under our control. These websites have their own policies regarding privacy. You should review those policies before visiting the websites. We have no responsibility for linked websites, and we provide these links solely for the convenience and information of our visitors.

Digital Warehouse Service Providers

Digital Warehouse does not disclose Personal Data to third parties, except to process credit card information for orders. However, at a future time, Digital Warehouse may need to provide users’ Personal Data to other third parties to deliver specific services to the user (such as hosting services or support services). These third parties will be required to adhere to Safe Harbor Privacy Principles or at a minimum Digital Warehouse will require the third party to certify they follow privacy protection equal to Digital Warehouse’s. Users will also be provided with a mechanism to opt-out of having their Personal Data viewed by such third parties.

Legal Requirements

Digital Warehouse does not disclose Personal Data, including the data you back up with the Service, unless disclosure is necessary to comply with an enforceable government request such as a warrant.

Change of Ownership

In the event of a change in ownership, or a direct merger or acquisition with another entity, we reserve the right to transfer all of Digital Warehouse User information, including Personal Data, to a separate entity. We will use commercially reasonable efforts to notify you (by posting on our website or an email to the email address you provide when you register) of any change in ownership, merger or acquisition of Digital Warehouse’s assets by a third party, and you may choose to modify any of your registration information at that time.

Digital Warehouse uses industry standard security measures to protect against the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by Digital Warehouse in a secure operating environment that is not available to the public, Digital Warehouse cannot guarantee complete security. Further, while we take reasonable steps to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “crackers” from obtaining this information.

You may, at any time, choose to correct or update the information you have submitted to Digital Warehouse by updating your account on our website.

If you cancel your account, your Personal Data and other information may be retained in our archive or backup records.

If you have a dispute or complaint about privacy on a Digital Warehouse website, we kindly ask that you attempt first to resolve the issue directly with Digital Warehouse by emailing support@digitware.in.

Digital Warehouse reserves the right in our sole discretion to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification of this policy will be posted on Digital Warehouse websites, and a User’s continued use of the Service will signify agreement to such changes.

The data protection officer for the data controller is DPO Assist Limited, a limited liability company registered in England and Wales (company registration number 11665866). You can contact the data protection officer by writing to Data Protection Officer, DPO Assist Ltd, Unit 76 Bizspace Business Centre, Courtwick Lane, Littlehampton, West Sussex, BN17 7TL, calling 01903 255389 or sending an email to dpo@dpo-assist.com.

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