Terms of Service

Version 1.0 · Effective September 30, 2026

These Terms of Service (the “Terms”) are an agreement between CyberWall Security, LLC (“CyberWall”, “we”, “us”) and the business that signs up for CyberWall Backup (the “Customer”, “you”). By checking the box and creating an account, you confirm that you have read these Terms and are authorized to accept them on behalf of your business.

1. The service

CyberWall Backup makes encrypted backup copies of the Microsoft 365 data you choose to protect (email, contacts, calendars, OneDrive and SharePoint files, including earlier versions) and lets your authorized users browse and restore them. The service is for business use only. Features may change over time as we improve the service; we will not materially reduce the core backup and restore functions of a paid plan during a billing period.

2. Accounts and access

• The person who signs up becomes your company’s first administrator. Administrators decide who can sign in and what each person can see. You are responsible for everyone you give access to and for keeping your Microsoft 365 accounts secure (we recommend multi-factor authentication for all users).
• To connect Microsoft 365, a Global Administrator of your organization must approve read-only backup access for the CyberWall Backup application. You can remove that approval at any time in Microsoft Entra; backups stop when you do.
• CyberWall reviews new accounts and may decline or close an account at its discretion before the service starts.

3. Your data

• You own your data. We use it only to provide, secure, support and improve the service for you, as described in these Terms, or as required by law. We do not sell your data or use it for advertising.
• You are responsible for having the right to back up the mailboxes and files you select, and for giving any notices to or obtaining any consents from your employees or others that apply to you.
• Your backups are encrypted with a separate AES-256 key for your company before they are stored. Backup storage is located in the United States.
• CyberWall staff access your backup data only when needed to operate or support the service, when you ask us to, or when required by law. Sign-ins, opened messages and downloads are logged.
• Regulated data: unless we have signed a separate agreement for it (for example a HIPAA Business Associate Agreement), you must not use the service to store data that requires one.

4. Service providers

We use trusted providers to run the service, currently: Microsoft (source of your data and sign-in), Backblaze (encrypted backup storage, United States), DigitalOcean (application hosting, United States) and, for billing, Stripe. We may change providers if they offer at least a comparable level of protection.

5. Retention and deletion

• While your account is active, we keep backups of the items you protect, including earlier versions and items later deleted in Microsoft 365, for as long as your plan provides.
• If your account ends, you have 30 days to restore or export your data. After that we delete your backup data and encryption key; copies may remain in our providers’ systems for up to 60 more days until they are overwritten.

6. Restores and your responsibilities

Backups depend on Microsoft 365 making your data available, on the permissions you grant, and on the mailboxes and data types you select. Some items may not be backed up (for example items Microsoft refuses to export, or data added after you change your selection). You should review your backup status and test restores periodically, and tell us promptly about any problem you notice.

7. Fees, trial and billing

• Fees are charged per protected user per month and include a storage allowance; storage above the allowance is billed per terabyte, as shown in your order or at checkout.
• New accounts may start with a 14-day free trial. A payment method is required at signup, and the subscription starts automatically when the trial ends unless you cancel before then.
• Subscriptions renew monthly until cancelled. Fees are billed in advance, are non-refundable except where required by law, and do not include taxes, which you are responsible for.
• If a payment fails, we will notify you. If it isn’t resolved within 14 days we may pause backups; restores of existing backups remain available during the 30-day period in section 5.
• We may change prices with at least 30 days’ notice; changes apply from your next billing period.

8. Acceptable use

You will not use the service to break the law or anyone’s rights, attempt to access other customers’ data, interfere with or overload the service, reverse engineer it, or share your access with anyone outside your organization. We may suspend access if needed to protect the service, other customers, or to comply with law, and will tell you why when we can.

9. Security

We use reasonable administrative, technical and physical safeguards appropriate to the nature of the data, including encryption in transit and at rest, per-company encryption keys, access logging and least-privilege access. If we become aware of unauthorized access to your backup data, we will notify you without undue delay and cooperate with your response.

10. Confidentiality

Each party will protect the other’s non-public information with reasonable care and use it only for this agreement, except where disclosure is required by law.

11. Disclaimers

We work to keep the service available and your backups complete, but the service is provided “as is” and “as available”. To the extent permitted by law, CyberWall does not warrant that the service will be uninterrupted or error-free or that every item will be backed up or restorable, and disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement.

12. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or business, even if advised of the possibility. Each party’s total liability arising out of these Terms is limited to the fees you paid CyberWall for the service in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations or to either party’s fraud or willful misconduct.

13. Indemnity

You will defend and indemnify CyberWall against third-party claims arising from data you ask us to back up without the right to do so, or from your breach of section 8.

14. Term and termination

These Terms apply from signup until your account ends. You may cancel at any time; cancellation takes effect at the end of the current billing period. Either party may end the agreement if the other materially breaches it and doesn’t fix the breach within 30 days of notice. Sections 3, 5, 10, 11, 12, 13 and 16 survive termination.

15. Changes to these Terms

We may update these Terms. We will give at least 30 days’ notice of material changes by email or in the service; continuing to use the service after they take effect means you accept them. If you don’t agree, you may cancel before they take effect.

16. General

These Terms are governed by the laws of the State of Alabama, without regard to its conflict-of-laws rules, and disputes will be heard in the state or federal courts located in Jefferson County, Alabama. If any part is unenforceable, the rest remains in effect. These Terms, together with any order or separate written agreement we sign with you, are the entire agreement about the service; a separate signed agreement controls if it conflicts with these Terms. You may not assign these Terms without our consent, except with a sale of your business.

17. Contact

CyberWall Security, LLC · mark@cyberwallsecurity.com