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Terms of Service

Last updated: March 7, 2025

1Acceptance of Terms

By accessing or using the official Vanguard website (https://vanguardbackup.com) and the official Vanguard instance (https://app.vanguardbackup.com) (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of the Terms, you may not access the Service.

2Description of Service

Vanguard provides backup management services for remote Ubuntu servers. Our official instance allows users to connect to remote servers, facilitate backups to various destinations, and manage both scheduled and manual backup operations.

3User Accounts

To use our Service, you must create an account. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

4User Obligations

You agree to use our Service only for lawful purposes and in accordance with these Terms. You are responsible for all content and activity that occurs under your account. You agree not to use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service.

5Intellectual Property

The Vanguard software is open-source and licensed under the GNU Affero General Public License v3.0 (AGPL-3.0). However, the content on our official website and instance, including but not limited to text, graphics, logos, and images, is the property of Vanguard and is protected by applicable copyright and trademark laws.

6Limitation of Liability

To the fullest extent permitted by applicable law, Vanguard and its developers shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

7Modifications to Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Vanguard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8Termination and Account Disabling

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We reserve the right to disable your account on the official Service for any reason, at our sole discretion. While this is unlikely to occur except in extreme cases, such as violation of these Terms, engaging in illegal activities, or actions that threaten the integrity of our Service, we maintain this right to protect our Service and other users.

9Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

10Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

11Data Backup and Loss

While Vanguard strives to ensure the integrity and security of all data backups, we cannot guarantee that the backup process will always be error-free or that data loss will never occur. By using our Service, you acknowledge and agree to the following:

  • Vanguard is not responsible for any loss of data resulting from failures in the backup process, server outages, network issues, or any other technical problems.
  • It is your responsibility to verify the completeness and integrity of your backups regularly.
  • We strongly recommend maintaining multiple backups, including backups stored separately from those managed by Vanguard.
  • Vanguard does not guarantee the availability, integrity, or security of your original data on the servers you connect to our Service.
  • In the event of data loss, Vanguard's liability is limited to assisting with the restoration of the most recent successful backup, if available.
  • You are responsible for ensuring that your use of Vanguard complies with any data protection or privacy regulations applicable to your business or personal data.

By using Vanguard, you agree to hold us harmless from any and all claims, losses, or damages arising from data loss or corruption, regardless of the cause.

12Indemnification

You agree to defend, indemnify and hold harmless Vanguard and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on the Service.

13Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Questions About Our Terms?

If you have any questions about these Terms of Service, we're here to help.

Contact Our Legal Team