Terms of Service

Last updated: September 25, 2026

These Terms of Service ("Terms") are a binding agreement between [COMPANY LEGAL NAME], registered at [REGISTERED ADDRESS], company number [REGISTRATION NUMBER] ("CapyArk", "we", "us"), and you, the person or entity using the service ("you", "customer"). By creating an account or using the service you accept these Terms. If you are accepting on behalf of a company, you confirm you have authority to bind it.

1. The Service

CapyArk provides managed backup storage: isolated ZFS datasets on our storage servers, reachable over a private Tailscale-based VPN, with SSH, SFTP, rsync, and ZFS send/receive access, automatic snapshots, and a web portal for managing your account. Plan details — included storage, snapshot retention, redundancy level, and device limits — are described on the pricing page and in your portal.

2. Your Account

• You must provide accurate registration and billing information and keep it current.
• You are responsible for safeguarding your credentials, SSH keys, and any device connected to your private network. We strongly recommend enabling two-factor authentication.
• You must be at least 18 years old, or the age of majority in your jurisdiction.
• Activity that occurs under your account is your responsibility, whether or not you authorized it, unless caused by our breach of these Terms.

3. Free Trial

New accounts include a 14-day free trial. At the end of the trial your service continues only if you subscribe to a paid plan. If you do not subscribe, your account is suspended and your data is handled as described in Section 8 (Data Retention and Deletion).

If you are a consumer in the EU, EEA or UK, you have a 14-day right to withdraw from a paid subscription. By starting to use a paid plan within that period you ask us to begin providing the service immediately; if you then withdraw, you pay only for the service provided up to the date you told us.

4. Fees and Billing

• Each plan has a fixed platform fee (billed monthly or yearly) that includes a storage allowance.
• Storage used above your plan's included allowance is billed monthly, per GB, at the overage rate shown on the pricing page.
• Subscriptions renew automatically at the end of each monthly or yearly billing period, at the then-current price, until you cancel. You can cancel at any time from the billing page, and cancellation takes effect at the end of the paid period.
• Payments are processed by Stripe. We do not store your card details.
• If a payment fails, Stripe retries it automatically. If it is still unpaid 3 days after it first failed, your account is suspended and Section 8 applies.
• Fees are exclusive of taxes unless stated otherwise; you are responsible for applicable VAT/sales tax.
• We may change prices with at least 30 days' notice by email. Price changes take effect at your next billing cycle after the notice period.
• Except where required by law, fees are non-refundable. If we terminate your account without cause, we will refund the unused portion of any prepaid period.

5. Your Data

• You own your data. We claim no rights over the content you back up.
• We access the contents of your datasets only when necessary to operate the service, at your request for support, or where required by law. If we receive a legal demand for your data, we will notify you before disclosing it unless the law prohibits us from doing so.
• Backup contents are encrypted at rest on our storage servers using ZFS-native encryption with per-account keys. We manage those keys so that snapshots, replication and restores work automatically. Encryption at rest protects your data if a disk or server leaves our control; it does not prevent access by our own systems. If you need data that we cannot read at all, encrypt it on your own device before it is uploaded (for example with restic or borg).
• You are responsible for ensuring you have the right to store the data you upload, including any personal data it contains.

6. Acceptable Use

You must not use the service to:

• store or distribute content that is illegal in [JURISDICTION] or in your own jurisdiction, including material that infringes intellectual-property rights;
• attack, probe, or disrupt our infrastructure or other tenants, or attempt to bypass tenant isolation, quotas, or the SSH command restrictions;
• use the storage as a public file-distribution or content-delivery endpoint — the service is designed for backup and archival;
• resell the service without our written agreement.

We may suspend accounts that violate this section, where practical after notice and an opportunity to remedy. Where the violation is serious or legally required, suspension may be immediate.

7. Snapshots, Quotas, and Fair Use

• Automatic snapshot schedules and retention counts are defined per plan. Snapshots outside your plan's retention policy are pruned automatically.
• Each plan has a hard storage ceiling. When your dataset reaches its enforced quota, new writes fail until space is freed or the plan is upgraded — existing data and snapshots are not deleted by a full quota.
• Sustained ingress patterns far outside normal backup behavior may be treated as abuse under Section 6.

8. Data Retention and Deletion

• While your subscription is active, data is retained according to your plan's snapshot policy.
• If your subscription ends (cancellation, non-payment, or trial expiry), your account is suspended and your data is preserved for at least 7 days. Reactivating within that window restores full access.
• After the retention window we may permanently delete your datasets and snapshots at any time, and we will do so no later than 30 days after your subscription ended. Deletion is irreversible, and deleted data cannot be recovered by us or by you.
• You can delete files and your own snapshots yourself at any time. To have your whole account and all its data deleted, email support@capyark.com from your account email address; we complete the deletion within 30 days.

9. Service Levels

We target high availability but do not guarantee uninterrupted service. Planned maintenance is announced in advance where possible via the status page. Our availability targets, service credits and the replication schedule for plans that include a second copy are set out in our Service Level Agreement, which forms part of these Terms. Service credits under it are your sole remedy for missing those targets.

10. Backups Are a Shared Responsibility

CapyArk stores copies of your data, but a backup strategy is only as good as its verification. You are responsible for confirming your backup jobs run, monitoring failure notifications, and periodically testing restores. We provide the tooling — snapshots, notifications, restore documentation — to make this easy.

11. Limitation of Liability

To the maximum extent permitted by law: (a) the service is provided "as is"; (b) neither party is liable for indirect, incidental, or consequential damages, including lost profits or lost data, even if advised of the possibility; (c) our total aggregate liability under these Terms is limited to the fees you paid us in the 12 months preceding the claim. Nothing in these Terms limits liability that cannot be limited by law, including liability for willful misconduct or gross negligence.

12. Termination

• You may cancel at any time from the billing page; service continues until the end of the paid period.
• We may terminate or suspend your account for material breach of these Terms, or with 30 days' notice if we discontinue the service.
• Sections 5, 8, 11, 14 and 16 survive termination.

13. Changes to These Terms

We may update these Terms. For material changes we will notify you by email at least 30 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, cancel before the changes take effect.

14. Governing Law

These Terms are governed by the laws of [JURISDICTION], excluding its conflict-of-law rules. Disputes are subject to the exclusive jurisdiction of the courts of [CITY, JURISDICTION], without prejudice to mandatory consumer-protection rules that apply in your country of residence.

15. Contact

Questions about these Terms: support@capyark.com or by post at [REGISTERED ADDRESS].

16. General

• Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, such as natural disasters, utility or upstream-network failures, or acts of government. This does not excuse your payment obligations.
• Indemnity. If you are a business customer, you will defend and indemnify us against third-party claims arising from the content you store or from your breach of Section 6.
• Compliance. You must not use the service in violation of applicable export-control or sanctions laws.
• Assignment. You may not transfer your account without our written consent. We may assign these Terms to a successor as part of a merger, acquisition or sale of the business, and will notify you if we do.
• Notices. We send notices to your account email address; you send notices to support@capyark.com.
• Entire agreement. These Terms, the Service Level Agreement, the Privacy Policy and any Data Processing Agreement we sign with you are the whole agreement between us about the service.
• Severability and waiver. If any part of these Terms is found unenforceable, the rest remains in effect. Not enforcing a right is not a waiver of it.