This Service Level Agreement (“SLA”) between Spectra Technologies (India) Private Limited’s product and brand (“BKP365”) and you (“you”) sets forth the service level terms and conditions with respect to the cloud-based automated data backup services offered by BKP365, currently via www.bkp365.com (the “Cloud Backup Services”).
BKP365 is dedicated to making the Cloud Backup Services easy to access and to use and to providing you with the highest standards of service. This SLA formally sets forth BKP365 commitment to ensure 99.99% up time of the Cloud Backup Services.
The SLA does not apply to any services that expressly exclude this SLA (as stated in the documentation for such services) or to Downtime resulting from:
Service outage or other causes beyond BKP365 reasonable control, including force majeure events; or your or any other third party’s equipment, services, actions or lack thereof or due to BKP365 pre – scheduled maintenance and version upgrades.
“Downtime” means the total number of minutes in a calendar month during which the Cloud Backup Services are unavailable or inoperable.
“Monthly Uptime Percentage” means the total number of minutes in a calendar month minus Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
Once you register with BKP365 and sign in to the Service, you are not anonymous to BKP365.
When registering with BKP365, you provide Personal Data, which may include your name, 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 cloud backup Service, you send us that data and you also are sending file system information, including names of files and directories. BKP365 may also record your IP address when you submit information.
BKP365 also may collect, at your option, certain preference and demographic information from you.
All information collected by BKP365 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 BKP365 to understand its user and customer base better and help to improve BKP365 services.
BKP365. may also use your company name, logo, and feedback for marketing purposes. For example, BKP365. may use information you provide to contact you to further discuss your interest in any of our current or future products or services and to send you information regarding BKP365. and its partners, such as information about promotions or events.
To protect your account information, please keep your password always secure & change on regular frequency as per your information security policy.
All Users may opt to remove their Personal Data from our live database by contacting BKP365 and cancelling their BKP365 user account. Users of the www.bkp365.com Services may also cancel their user account by logging into their account, selecting My Account, and clicking on Delete / Deactivate Account or request from the person who added that person to the account for removal.
BKP365 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 as part of our service delivery.
You acknowledge and agree that BKP365 may occasionally send you administrative communications regarding your account or the Service via email.
Cookies and Passive Data Collection
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
BKP365 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.
BKP365 Service Providers
BKP365 does not disclose Personal Data to third parties, except to process credit card information for orders. However, at a future time, BKP365 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 BKP365 will require the third party to certify they follow privacy protection equivalent to BKP365’s. Users will also be provided with a mechanism to opt-out of having their Personal Data viewed by such third parties.
BKP365 does not disclose Personal Data, including the data you back up with the Service, unless disclosure is necessary to comply with an enforceable government body or agency with an appropriate request such as court order or a search 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 BKP365 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 BKP365’s assets by a third party, and you may choose to modify any of your registration information at that time.
BKP365 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 BKP365 in a secure operating environment that is not available to the public, BKP365 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 “hackers” from obtaining this information.
You may, at any time, choose to correct or update the information you have submitted to BKP365 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 BKP365 website, we kindly ask that you attempt first to resolve the issue directly with BKP365 by emailing us at firstname.lastname@example.org.
Effective Date / Applicable Date: The date when You pay and become BKP365 subscriber.
BKP365 Products are licensed and not sold to you. During the term of your subscription, BKP365 grants to you a revocable, limited, non-transferable, non-exclusive license to use BKP365 Products, solely in connection with the backup of your data. Except for the limited license granted in these Terms, BKP365 and its licensors retain all right, title and interest in and to the BKP365 Products, all copies thereof, and all proprietary rights therein, including copyrights, patent, trademark and trade secret rights. You may not copy or distribute BKP365 Products, except to the extent that copying is necessary to use BKP365 Products for the purposes set forth herein. You may not reverse engineer, decompile, disassemble, modify, or create derivative works of BKP365 Products. You may not alter or modify any disabling mechanism which may be included in BKP365 Products. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer BKP365 Products, or directly or indirectly permit any third party to copy BKP365 Products. You may not remove any proprietary notices (e.g., copyright and trademark notices) from BKP365 Products. You must reproduce the copyright and all other proprietary notices displayed on BKP365 Products and on each permitted backup or archival copy. All use of BKP365 Products shall be in accordance with these Terms and its then-current documentation. You shall be solely responsible for ensuring that your use of BKP365 Products is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
How It Works ?
BKP365 Products save a copy of each file that is automatically selected for backup and other files you designate for backup (your “Backed-up Data”) to a server operated by our cloud server. BKP365 Products automatically scan for changes or additions to the Backed-up Data and then periodically re-save a copy or a part of a modified file or create a copy of a newly designated file. For a complete list of the files BKP365 is backing-up for you, please refer to the BKP365 web console. You can check whether BKP365 is backing-up specific files by going to BKP365 Timeline located in your Computer, Web console, or from your mobile. If you are unable to locate your file, BKP365 is not backing-up that file. Your Backed-up Data may not be available or restorable if: (i) BKP365 has not completed copying your selected files or changed files; (ii) for files, folders, or disk drives that are not automatically backed-up, you do not manually select them for backup, or you unselect a file for backup; (iii) you delete a person from your BKP365 account; (iv) you move a file to a location on your computer that is not automatically scanned to select files for backup or you upgrade your operating system resulting in changes to your file mapping; (v) your computer is unable to access the internet or to our cloud server storage; (vi) you fail to follow BKP365 technical requirements, including upgrading the version of your BKP365 Products as required; or (vii) you terminate your license or fail to renew your subscription to BKP365 Products. For additional information about the status of your Backed-up Data Frequently Asked Questions (FAQs)
Enhancements and Feedback
Enhancements. BKP365 may (i) automatically update BKP365 Products installed on your computer without your prior notice, (ii) upgrade, enhance, change and modify (collectively, the “Enhancements”) BKP365 Products, or (iii) discontinue or retire BKP365 Products or any aspect or feature of BKP365 Products, including the types of files and data that are backed-up (not every file on your computer is backed-up) or the availability of BKP365 Products on any particular device or communications service at any time and from time-to-time in its sole discretion. Any Enhancements made available to you will be subject to these Terms. BKP365 will use reasonable efforts to provide notice of material changes to the BKP365 Products or changes to these Terms by posting them to Product Agreement. It is your responsibility to periodically check BKP365 website to inform yourself of any such modifications. Changes to these Terms, which may be made in BKP365 sole and exclusive discretion, will be effective upon acceptance of these Terms (as described herein) for new subscriptions and effective for all existing users thirty (30) calendar days after the posting of the new Terms on BKP365 website at Product Agreement You agree to be bound to these Terms, as modified. If you do not agree to the modified Terms you are not permitted to use BKP365 Products and must terminate your subscription immediately.
You may provide feedback to BKP365 with respect to the BKP365 Products. BKP365 may use feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the feedback, you hereby grant BKP365 an irrevocable, non-exclusive, perpetual, royalty-free license to use the feedback in connection with BKP365 business, including enhancement of the BKP365 Products.
Term and Termination. These Terms and your license to the BKP365 Products will commence at the time and on the day you install, access, or use BKP365 Products, whichever is earlier. These Terms, your license and your subscription to the BKP365 Products will automatically terminate or expire upon the earlier of (i) non-renewal, cancellation, or expiration of your subscription or your failure to pay invoices when due, (ii) BKP365 discontinuance of the BKP365 Products, or (iii) failure to comply with these Terms. If any third party makes an intellectual property infringement claim relating to the BKP365 Products, BKP365 reserves the right to immediately terminate your subscription to the affected BKP365 Products. BKP365 MAY, IN ITS SOLE DISCRETION, DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF THE BKP365 PRODUCTS, INCLUDING SUSPENDING OR TERMINATING YOUR LICENSE AND ACCOUNT WITH BKP365 IF YOU ARE USING THE BKP365 PRODUCTS IN A MANNER NOT INTENDED OR IN VIOLATION OF LAW.
Effect of Non-Renewal or Termination
Upon any non-renewal, termination, or expiration of your subscription to the BKP365 Products (i) the license granted herein will automatically and immediately terminate and you will have no further right to possess or use the BKP365 Products, (ii) the BKP365 Products may be disabled by BKP365 without notice to you, and (iii) you will no longer have the right to access or retrieve your Backed-up Data. You acknowledge and agree that BKP365 policy is to automatically delete all of your Backed-up Data upon non-renewal, termination, or expiration of your subscription to BKP365 Products and that it is solely your responsibility to seek another source for your backup needs.
Trial and Evaluation Licenses
You may try the BKP365 Products prior to paying for a full subscription by licensing a trial, evaluation, or other limited versions (an “Evaluation Version”). Your license to an Evaluation Version of the BKP365 Products will automatically terminate upon the earlier of (i) the expiration or cancellation of the evaluation period, (ii) when the BKP365 Product is no longer made available, (iii) when BKP365 cancels your license to the Evaluation Version, or (iv) when your computer has not accessed the BKP365 server for more than thirty (30) calendar days. You acknowledge and agree that BKP365 policy is to automatically delete all of your Backed-up Data upon termination or expiration of any Evaluation Version and that it is solely your responsibility to seek another source for your backup needs.
Disclaimer of Warranties; Indemnification; Limitation of Liability
BKP365 Products. THE BKP365 PRODUCTS MAY CONTAIN OR BKP365 MAY PROVIDE TO YOU THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING, OR YOU MAY OBTAIN THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING FROM THIRD PARTIES DIRECTLY, (“THIRD PARTY COMPONENTS”). THE BKP365 PRODUCTS, ALL THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. BKP365 AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE BKP365 PRODUCTS, THE THIRD PARTY PRODUCTS AND ALL BETA SOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE BKP365 PRODUCTS. BKP365 DOES NOT WARRANT THAT THE BKP365 PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE BKP365 PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BKP365 PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT YOUR INSTALLATION, USE AND ACCESS OF THE BKP365 PRODUCTS, THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, SOFTWARE AND THE LOSS OF BACKED-UP DATA THAT RESULTS FROM THE USE THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BKP365 SHALL CREATE ANY ADDITIONAL BKP365 WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF BKP365’S OBLIGATIONS HEREUNDER. YOU HEREBY WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST BKP365 AND ITS AFFILIATES, SUPPLIERS AND LICENSORS ARISING OUT OF YOUR USE OF THE BKP365 PRODUCTS, THIRD PARTY COMPONENTS AND BETA SOFTWARE. THE BKP365 PRODUCTS MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT BKP365 DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. BKP365 SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS.
BKP365 may designate certain Enhancements and new releases of the BKP365 Products as “Beta Software.” Beta Software is not ready and is not intended for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that (i) the Beta Software is experimental in nature and has not been fully tested, (ii) the Beta Software may not meet your requirements or perform as intended, (iii) use of the Beta Software may not be uninterrupted, error free, or free of faults, (iv) your use of the Beta Software is for the sole purpose of evaluating and testing the product and providing feedback to BKP365, and (v) you shall inform your employees, staff members and other users regarding the nature of the Beta Software. Your use of the Beta Software is and shall be subject to these Terms.
Indemnification; Limitation of Liability
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR CONDUCT, YOUR DATA, AND YOUR BACKED-UP DATA RELATED TO THE BKP365 PRODUCTS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BKP365, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SUPPLIERS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE (INCLUDING ATTORNEYS’ FEES, EXPERT FEES AND OUT-OF-POCKET EXPENSES) ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS, YOUR USE OF THE BKP365 PRODUCTS, OR YOUR BACKED-UP DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BKP365 OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR DATA, OR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA AND BACKED-UP DATA, BUSINESS INTERRUPTION, OR LOST REVENUES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE BKP365 PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE, OR YOUR USE OF DATA OR FILES STORED THEREIN, EVEN IF BKP365 HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF BKP365 AND ITS AFFILIATES, SUPPLIERS AND LICENSORS FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE LICENSE FEES PAID BY YOU TO BKP365 IN THE 30 CALENDAR DAYS PRIOR TO THE DAMAGES ARISING. IF THE BKP365 PRODUCTS ARE PROVIDED TO YOU WITHOUT CHARGE, THEN BKP365 SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES.YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE BKP365 PRODUCTS. Some jurisdictions do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the foregoing terms may not apply to you.
Governing Law and Arbitration
These Terms shall be governed, construed and enforced in accordance with the laws of the India without reference to conflicts of law principles. The parties agree that the exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with these Terms, shall be in the state or federal courts, as applicable, located in the City of New Delhi, INDIA.
Any dispute, controversy, or claim arising out of or relating to this Agreement, including the arbitrability of the matter or the formation, interpretation, scope, applicability, termination, or breach thereof, shall be referred to and finally determined by arbitration in accordance with the Indian Arbitration Rules and Procedures, The arbitration shall be administered a sole arbitrator, and shall be conducted in New Delhi, INDIA. The language to be used in the arbitral proceedings will be English. Judgement upon the arbitration award may be entered by any court having jurisdiction. This section shall apply to and require arbitration of all disputes, controversies and claims, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other persons, or classes of individuals, entities, or other persons.
You shall not export, directly or indirectly, the BKP365 Products to any country for which the INDIA requires an export license or other governmental approval. You shall not use the BKP365 Products to store, backup, or distribute child pornography or other illegal files or data. You shall defend, indemnify and hold BKP365 harmless from and against any and all damages, fines, penalties, assessments, liabilities, costs and expenses (including attorneys’ fees, expert fees and out-of-pocket expenses) arising out of any claim that you are storing child pornography or other illegal files or data, or that the BKP365 Product was exported or otherwise shipped or transported by you in violation of applicable laws, rules and regulations.
Termination and Fair Use Policy
BKP365 SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF BKP365 PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY BKP365 TO BE USING THE BKP365 PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY BKP365 OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER’S ACCOUNT WITH BKP365 AND THE LICENSE TO USE THE BKP365 PRODUCTS OR SERVICES. BKP365 Products or Services are designed to serve the needs of particular types of users, such as individual consumers or small businesses. If you have purchased a BKP365 Product or Service that is inappropriate for your actual usage, for example if BKP365 believes that you are using our service for business or commercial use, BKP365 will require you to switch to an appropriate BKP365 Product or Service. This may result in you having to pay BKP365 additional fees for use of the appropriate product or to terminate your purchased BKP365 Products or Services. For example: If BKP365 believes that you are using our home service for business or commercial use, BKP365 has the sole discretion to amend your service to our Business service which may require you paying additional fees or termination of your account. BKP365 determines business use as excessive backup of media files e.g. photos or videos in excess of 1000 GB. BKP365 may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of BKP365 Products or Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. Your consumption of BKP365 Products or Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of BKP365 customers, generally. We monitor the usage of our heaviest Unlimited account users, a dynamic margin is calculated based upon averages which, should a user fall into, we may require them to cease backup or move onto a business account. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan or BKP365 Product or Service that will permit you to continue to use BKP365 Products or Services. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to use BKP365 Products or Services and any license to use the BKP365 Software, without prior notice in the event of a violation of this policy. If BKP365 believes that you are breached our Fair Use Policy and the user has not switched to a Business Service, BKP365 will allow the user 14 days from date of first communication to retrieve their data before deletion of the users account and data. 1st notice will be sent 14 days before account deletion and 2nd notice will be sent 2 days before account deletion. All communications will be sent to the email address attached to the users account. BKP365 has a zero tolerance policy and will immediately terminate accounts that violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.
Copyright (c) 2020-2025 Spectra Technologies (India) Private Limited owner of product & brand – “BKP365”
Effective Date / Applicable Date: The date when You pay and become BKP365 subscriber.