Any reference in the Acronis T&C to:

“Acceptable Use Policy” is set forth in the Acronis T&C.

“Affiliate” means any legal entity that a party owns, that owns a party, or that is under common ownership with a party.

“Day” will be a calendar day.

“Acronis Products and Services” is defined as the Products and Services.

“MSP” is defined as Master Service Provider.

“Monthly Usage Report” is defined as a detailed monthly report generated by Acronis, containing information on the User’s Products and Services usage, and resource consumption.

“Offer Details” means the pricing and related terms applicable to a Subscription offer.

“Ownership” means, for purposes of this definition, control of more than a 50% interest in an entity.

“Software” means Acronis software we provide for installation on your device as part of your Subscription or to use with the Products and Service to enable certain functionality.

“Subscription” means an enrollment for the Products and Services for a defined Term.

“Term” means the duration of the Products and Services subscription.

“Terms of Credit” means the Company’s standard terms of credit set out on our official website.

“User” means any person permitted by MSP to access the Products and Services or otherwise use the Products and Services.

“User Data” means all data, including all text, sound, video, or image files, and software, that are provided to the Company by, or on behalf of, User through use of the Products and Service

The Products and Services that the Company provides to you are subject to the following Acronis T&C. The Company reserves the right to update and modify the Acronis T&C at any time without notifying you.

The most current version of the Acronis T&C can be reviewed through this page. We shall notify you through the registered address you submitted to us on any new versions of Acronis T&C. Where Products and Services continue to be utilized by the Users or no objection is received within fourteen (14) calendar days, the updated terms will be deemed to be accepted.

In the event of any conflict between the Acronis T&C and the Terms of Credit, the Acronis T&C shall prevail.

All content included in or made available through the Services, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents, is the exclusive property of Acronis or its content suppliers and is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States and internationally (collectively, “Content”). All rights not expressly granted to you in this Acronis T&C are reserved and retained by Acronis or its licensors, suppliers, publishers, rightsholders, or other content providers

(a) Right to use

We grant you the right to access and use the Products and Services and to install and use the software included with your Subscription, as further described in these Acronis T&C. We reserve all other rights.

(b) Acceptable use

You may use the Product and Services only in accordance with these Acronis T&C. You may not reverse engineer, decompile, disassemble, or work around technical limitations in the Products and Services, except to the extent applicable law permits it despite these limitations. You may not disable, tamper with, or otherwise attempt to circumvent any billing mechanism that meters your use of the Products and Services. You may not rent, lease, lend, resell, transfer, or host the Product and Services, or any portion thereof, to or for third parties except as expressly permitted in these Acronis T&C

(c) Users

Once granted access to use the Products and Services. You will be responsible for controlling access by Users who will be given access by you, and you are responsible for their use of the Products and Services in accordance with these Acronis T&C. You must ensure that Users comply with the Acceptable Use Policy.

(d) Users Data

You are solely responsible for the content of all Users Data. You are responsible for securing Users Data necessary for the Company to provide the Products and Services to you without violating the rights of any Users or otherwise obligating the Company to you or Users. The Company does not and will not assume any obligations with respect to Users Data or to your use of the Products and Services other than as expressly set forth in these Acronis T&C or as required by applicable law.

(e) Access to the Products and Services

You may use the Products and Services provided that you have administrative access only to your application(s). You are responsible for the User’s access and

utilization of the Products and Services in accordance with these Acronis T&C. Your access to the Products and Services remains subject to the following limitation

(i)You may not allow multiple Users to directly or indirectly access any Products and Services feature that is made available on a per-user basis.

(f) Administrator Assumption of Control

If User email address belongs to an organization and such email has been used to access the Products and Services, the Company deems such User to have authority to use that organization’s domain to access the Products and Services in the capacity as a member of that organization. The organization, as the owner of the domain associated with User email address, may assume control over and manage Users use of the Products and Services. In such a case, the organization’s designated administrator (your “admin”) may

(i) control and administer User account, including modifying and terminating your access.

(ii) access and process Users data, including the contents of your communications and files.

(iii) deploy and configure additional resources.

(iv) enforce policies and procedures related to Users use of the Products and Services, such as security, privacy, and acceptable use policies.

(v) restrict or limit Users ability to share or transfer data with other users or third parties.

(vi) monitor and audit Users activity and compliance with the Acronis T&C

(a) We will render bills monthly, not later than the fifteenth day of the following month and/or upon you exceeding your average monthly bill. The bill shall be payable within seven (7) days from the date of presentation

(b) The billing will be based on the Monthly Usage Report and initial estimates are provided at the start of the Term. Monthly charges will be subtracted from any advance payment provided at the start of the Term. The Monthly Usage Report is generated by Acronis and this report is the ultimate final determinant of the bills for the Product and Service each month

(c)

All our bills will be in United States Dollars and should be paid in United States Dollars. All payments should be sent to us by cheque or by bank transfer to the bank account indicated by us and should be exclusive of any charges that might be imposed by the bank or financial institution. We will not in any case accept a payment in cash.

(d) In the event of a late payment, a late payment charge will be applied as per the Terms of Credit.

(e) If any of our bills are not paid within seven (7) days of presentation, we reserve the right to cancel the Products and Services and we shall not be responsible for any loss of data because of cancellation

(f) The billing prices are listed in Schedule A below. Please be advised that pricing is subject to change according to Acronis’ revisions on the same. You will be promptly notified in the event of such changes.

a) Users are responsible for creating their own account by providing various information as required by the registration form. User also will choose a password and a username. Users are entirely responsible for maintaining the confidentiality of the password and account. Furthermore, Users are entirely responsible for any and all activities that occur under your account. Users agree to notify the Company immediately of any unauthorized use of Users’ account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, Users shall be held liable for losses incurred by the Company or another party due to someone else using Users’ account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

(b) Log-In Credentials and Accounts. As stated above password and username for your account are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person. In cases where we send you login credentials, they will be encrypted to ensure their protection during transmission. It is required that you change your password to your preferred option immediately upon receiving the credentials.

(c) You are responsible for properly using the Products and Services and otherwise taking appropriate action to secure, protect and backup your accounts and the content therein in a manner that will provide appropriate security and protection, which might include use of encryption to protect your content from unauthorized access and routinely archiving your content.

(d) You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to use the Products and Services. You are responsible for Users’ compliance with your obligations under these Acronis T&C. If you become aware of any violation of your obligations under these Acronis T&C caused by User, you will immediately suspend access to the Products and Services by such User and notify the Company.

(a) All users are responsible for any fraudulent purchases made through their accounts. Users must only use valid payment methods when making purchases and are prohibited from using stolen or unauthorized payment methods.

(b) The Company reserves the right to immediately, without notice to the user, suspend the Products and Services in the event of any fraudulent purchases or an unexpected increase in the monthly usage costs. Where the Company suspects any fraudulent purchase has occurred, the Company will notify Acronis to investigate and take appropriate action, including charging the User for the any resulting costs or losses and suspending the User account. All Users of the Products and Services accept and acknowledge that they will be financially liable for any fraudulent activity that occurs in any of their accounts.

(a) Neither MSP, nor those that have been granted access to use the Products and Services, may use the Products and Services:

(i) in a way prohibited by law, regulation, governmental order, or decree.

(ii) to violate the rights of others.

(iii) to try to gain unauthorized access to or disrupt any service, device, data, account, or network.

(iv) to spam or distribute malware.

(v) in a way that could harm the Products and Services or impair anyone else’s use of it.

(vi) in any application or situation where failure of the Products and Services could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage; or

(vii) to assist or encourage anyone to do any of the above.

(b) Violation of any clause set out in 6(a) may result in suspension of the Products and Services. If the Company suspends the Products and Services, the Company will suspend only to the extent reasonably necessary. Unless the Company believes an immediate suspension is required, the Company will provide reasonable notice before suspending the Products and Services for the reasons stated above.

In no event shall the Company be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide the Products and Services, or information available from the Product and Services.

The Product and Services are provided “as is.” Except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited, or waived, the Company:

(a) make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Services or the third-party content, and

(b) disclaim all warranties, including any implied or express warranties:

(i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment.

(ii) arising out of any course of dealing or usage of trade.

(iii) that the Products and Services or third-party content will be uninterrupted, error free or free of harmful components.

(iv) that any content will be secure or not otherwise lost or altered.

These Acronis T&C may be terminated by either party upon giving three (3) months’ written notice to the other party. Any payments made in advance are non-refundable and shall not be utilized to offset any ongoing bills unless expressly agreed to in writing by the Company. Termination of this Acronis T&C shall not affect the accrued rights or liabilities of either party nor any provision that is expressly or by implication intended to come into effect on, or continue in effect after, such termination.

Furthermore, any breach of the provisions of these Acronis T&C must be rectified within five (5) days of written notice from the Company. Failure to remedy such a breach within the specified time frame will result in immediate cancellation of the Products and Services.