This agreement (the "Agreement") is a legal agreement between you, either an individual or a legal entity ("You"), and Backup Services New Zealand Limited ("Mozzie"). This Agreement governs your use of the Mozzie backup software, including any updates that may be provided to you and any accompanying written documentation (the "Software") and the backup Service ("Service").
You acknowledge and agree that Mozzie may occasionally send you administrative communications regarding your account or Service enhancements or request for feedback via email. Note, your feedback my be incorporated on our web site.
ACCOUNTS, PASSWORDS, AND SECURITY
You must be a registered user to access the Service. You are responsible for keeping your passwords secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your data encryption key for your account, you will not be able to access your Data. You must take care to record your encryption key in a safe place.
ACCEPTABLE USE AND CONDUCT
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Backup Services New Zealand Limited and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data and your use of the Service.
The Software and Service are made available to you for your personal or business use, which use must be in compliance with applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Software or service, including but not limited to selling or distributing the Software and/or Service to any third party without Mozzie's approval.
CONSENT TO COLLECT NON-PERSONAL INFORMATION; USE OF DATA
The Software and Service may collect certain non-personally identifiable information that resides on your computer, including, without limitation, statistics relating to how often backups are started and completed, performance metrics relating to the Software, and configuration settings. This information collected will be sent to Mozzie and may be used by Mozzie without restriction. When you back up data via the Service, you agree that we may copy and store such data as part of the Service.
CHANGES TO THE SERVICE AND TERMS AND CONDITIONS
Mozzie reserves the right at any time to modify, suspend, or discontinue providing the Service in its sole discretion with or without notice. Mozzie will use reasonable efforts to notify you of modification, suspension, or discontinuance of the Service either by sending an email to the email address you provide with your registration. However, in no event will Mozzie be liable to you or to any third party for any modification, suspension or discontinuance of the Service with or without notice. Mozzie reserves the right at any time to modify this Agreement in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on the mozzie.co.nz website. You agree to be bound by this Agreement. If you do not agree to any changes to this Agreement, you can notify us with 10 days otherwise you are deemed to accept this Agreement or terminate your account. Please review the most current version of this Agreement from time to time.
USE OF SOFTWARE
Subject to the terms and conditions of this Agreement, Mozzie grants you a non-exclusive, non-transferable, non-sub licensable license to install and execute a copy of the Software (in executable code form only) on your computers for using the Service. Certain third party code may be provided with the Software. The third-party license terms accompanying such code, and not the terms of this Section, will govern your use of such code.
The Software and its structure, organization, source code, and documentation contain valuable trade secrets of Mozzie and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the Software and/or Service or any derivative thereof to any third party.
You acknowledge that Mozzie or third parties own all right, title and interest in and to the Software and Service, portions thereof, or software or content provided through or in conjunction with the Software or Service, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Software and Service are reserved, and no implied licenses are granted by Mozzie Solutions Limited.
TERM AND TERMINATION
This Agreement is effective upon signing up for the Mozzie services and remains in effect until the users' account is terminated. You may terminate this Agreement at any time by destroying the Software and closing your account by following the instructions on the mozzie.co.nz website. This Agreement automatically terminates if you fail to comply with its terms and conditions. Mozzie reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. You agree that, upon such termination, you will destroy and permanently erase all copies of the Software and that your access rights to the Service will immediately terminate. The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination. If this Agreement terminates, other than for your failure to comply, Mozzie will use commercially reasonable efforts to make your Data available for you to download.
RETURNS AND REFUND POLICY
Mozzie provides a free trial period of 15 days, if after this period you elect to sign-up and pay for services you may still cancel within 5 days and receive a full refund. If after 5 days from payment you decide to cancel you must pay the first months charges.
DELIVERY TIME FOR GOODS AND SERVICES
Once registration is complete you will be sent an email within 5 minutes providing download and installation instructions. You may install and use our services immediately. If for some reason the email does not arrive within 5-10 minutes please check your spam folder or email us to help resolve.
DISCLAIMER OF WARRANTIES
THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MOZZIE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MOZZIE OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MOZZIE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF MOZZIE AND ITS SUPPLIERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO MOZZIE FOR THE SOFTWARE OR SERVICES. FURTHERMORE, YOU AGREE TO USE THE SOFTWARE OR SERVICE EXCLUSIVELY FOR GOOD AND FOR AWESOME. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN MOZZIE AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
This agreement will be governed by and construed in accordance with the laws of New Zealand.
The failure of Mozzie to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
All disputes arising out of this Agreement will be subject to the jurisdiction of the county of New Zealand, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit Mozzie from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.
You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Mozzie Solutions. Mozzie may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.