Please carefully read the following Terms of Service before registering for and using the IDrive Service.
By registering for an IDrive account you or the entity you represent ("you" and "your") agree to be bound by these Terms of Service (the "Terms"), which govern your access to and use of the IDrive Service (the "Service") offered by IDrive Inc. ("we", "us" or "our"). Some applications of the Service may implement open source code released under the GNU General Public License ("GPL"). Please carefully read the GPL which are incorporated into these Terms.
You agree to provide us with accurate and complete information when you create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract, have not previously been suspended or removed from the Service and are not a person barred from receiving the Service under the laws of the applicable jurisdiction. When creating an Account, you may also be required to provide certain personal information about yourself. Your personal information will be secured within IDrive and will not be misused under any circumstances.
It’s important that the information you provide us for your Account is accurate, complete and up-to-date and you agree to update such information, as needed. If you fail to do so, we might have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and if you observe any unauthorized use of your Account, you’ll notify us immediately. You’re responsible for all activities that occur under your Account, whether or not you know about them.
By using IDrive Services, you agree to the following disclaimer: Permission to access your personally identifiable information (PII), which you voluntarily provide us for the authorized use.
We allow you to retain previous snapshots of all backed up data. The files will be stored on the IDrive Vault appliance for a period of time, set by you. If the snapshot is replicated, that is, if you store them on another system (e.g. using Replication Tasks), it is not removed from the receiving system when the lifetime expires.
Products and services accessible through this Site are subject to other or additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms, those additional terms and conditions shall prevail.
IDrive Vault appliance operates in conjunction with IDrive online backup service. IDrive assumes no liability for a lost or a damaged drive or for loss or breach of data during the use of appliance. Please notify IDrive in case of technical issues with our service at firstname.lastname@example.org.
Warranty for the IDrive Vault appliance will be provided as long as the subscription is active. WARRANTY IS LIMITED TO PROVIDING REPLACEMENT PARTS OR REPLACEMENT OF THE ENTIRE APPLIANCE WITH A NEW ONE. IDRIVE INC. WILL MAKE BEST ATTEMPT TO RECOVER ANY DATA LOSS DUE TO HARDWARE FAILURE ON CUSTOMER SITE. HOWEVER, SINCE THE CONDITION WHERE THE HARDWARE IS LOCATED, IS NOT UNDER THE CONTROL OF IDRIVE, RECOVERY OF ANY LOST DATA IS NOT GUARANTEED. YOU UNDERSTAND THAT YOU WILL NOT HOLD IDRIVE INC. ACCOUNTABLE FOR ANY DATA LOSS DUE TO THE USE OF IDRIVE VAULT SOLUTION. It is always recommended that you make use of the two tier backup solution, with one tier of backup with the Vault appliance, and second tier with the IDrive Cloud for best data protection. It is also important that you monitor your backups periodically to make sure that your backups are taking place successfully.
The transmission, storage, viewing, and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AT YOUR OWN RISK. IDRIVE INC., ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. IDRIVE INC. MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
IDrive Vault solution is provided via subscription service, which includes the IDrive Vault appliance as well as the cloud backup solution. You agree to pay the subscription fees on time at the start of each subscription period for the whole solution. IDrive Vault appliance is provided to you as long as the subscription is active. You agree to return the appliance on cancellation of subscription. Failure to return the appliance will result in your account being charged for the cost of the appliance.
Upon cancellation of your Account, you must return the Vault appliance to IDrive. You must cancel your Account before it renews each year in order to avoid a charge for the next year's fees to your credit card. Please note on cancellation, refunds are issued if account is canceled within thirty (30) days of its creation date. After 30 days, pro-rated refunds are issued on a case-by-case basis subject to eligibility.
Please note that all of your data will be deleted from your IDrive Cloud account and the Vault device on cancellation. If you’d like to close your account prior to the end of your annual subscription term, please contact our support team.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms, which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
IN NO EVENT SHALL IDRIVE INC. OR ITS AFFILIATES, AGENTS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (I) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE REGARDLESS OF LEGAL THEORY, WHETHER OR NOT IDRIVE INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless IDrive Inc., its affiliates, shareholders, directors, officers, employees, agents and licensors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this service or your breach of any representations, warranties, covenants or obligations contained in these Terms.
All intellectual property rights in the Software and User Documentation are owned by IDrive Inc. or its affiliates and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Software.
We may change these Terms from time to time and the most current version will always be posted on our website located at http://www.idrive.com. If we think a revision is material we will notify you (e.g., via email). Other changes may be posted to our blog or terms page, so please check those pages regularly. Your continued use of the Services after such revisions become effective will constitute your acceptance of such changed terms and conditions. If you do not agree to the new terms, please stop using the Services.