Terms of Service

Thank you for using BorgBase.

These Terms of Service ("Terms") apply to your use of our website, products, and services. Please read them carefully and let us know if you have any questions. By using BorgBase, you agree to be bound by these Terms. If you're using BorgBase on behalf of an organization, you agree to these Terms on behalf of that organization.

1. Service Definition

BorgBase, operated by Peakford Ltd, provides backup storage hosting designed to interoperate with open-source backup tools. The service is intended to facilitate the secure offsite storage of backup data.

BorgBase charges exclusively for backup storage space. No fees apply to the use of backup tools themselves, which are developed and maintained by independent third parties and/or open-source communities.

2. Liability for Backup Tools

BorgBase does not guarantee the suitability, functionality, or security of any third-party backup tool used with the platform. Users are responsible for evaluating whether backup tools meet their requirements, including compliance with applicable laws and regulations.

While BorgBase conducts regular testing and collaborates with third-party developers to enhance compatibility, BorgBase serves solely as a storage provider and does not warrant the quality, performance, or safety of any third-party backup tool.

Each backup tool is subject to its own license terms set by its developers. Users must review and comply with applicable license terms.

3. Age Requirements

You must be at least 13 years old (or 16 years old in the European Union) to create an account and use BorgBase. If you are under 18, you must have the consent of a parent or legal guardian. BorgBase reserves the right to terminate accounts believed to be created by users who do not meet these age requirements.

4. Uploaded Content

You retain ownership of all files and backup data you upload to BorgBase. You are responsible for ensuring you have the necessary rights to store the content. BorgBase reserves the right to remove content that violates applicable laws or these Terms without prior notice.

We encourage you to use client-side encryption to secure any data before it leaves your computer. Most supported backup tools offer built-in encryption options.

5. Service Abuse and Fair Use

You must not misuse the Service. Prohibited activities include, but are not limited to:

• Storing content unrelated to backup purposes (e.g., using storage for file sharing, media distribution, or hosting)
• Excessive resource consumption that impacts other users (e.g., excessive concurrent connections, bandwidth abuse)
• Unlawful, harmful, or disruptive activities, including phishing, port scanning, or spamming
• Attempting unauthorized access to other accounts, repositories, or systems
• Opening multiple accounts to circumvent usage limits or gain additional free storage
• Storing illegal content

Detected abuse will result in a warning. Failure to correct the behavior promptly may lead to account suspension or termination.

Fair Use Policy: Resource consumption significantly exceeding normal backup operation patterns for extended periods may be considered abuse. You can monitor your storage usage in the control panel.

Reporting Abuse: If you notice abuse of the Service, please contact us at support@borgbase.com.

6. Account Termination

BorgBase reserves the right to suspend or terminate accounts for any reason, including but not limited to accounts involved in abuse, illegal content, Terms violations, or other prohibited activities.

Upon discovering a Terms violation, BorgBase may lock the affected account. If the violation is not resolved within a reasonable grace period, data associated with the account may be permanently removed.

You may terminate your account at any time via your Account settings. Upon account deletion, your data will be removed in accordance with our data retention policies.

7. Account Security

You are responsible for maintaining the confidentiality of your account credentials, including passwords, SSH keys, and API or access tokens. You must notify us immediately at support@borgbase.com upon discovering any unauthorized access to your account or repositories.

BorgBase shall not be liable for any losses resulting from unauthorized access due to your failure to safeguard credentials or from unauthorized use occurring before you notify us of a breach.

8. Service Availability

BorgBase does not guarantee any specific level of uptime or availability. While we strive for reliable service, interruptions may occur due to maintenance, technical issues, or circumstances beyond our control. To the fullest extent permitted by law, we shall not be liable for any damages resulting from service interruptions.

Scheduled Maintenance: Brief interruptions will be announced on our published status page. Longer planned outages will receive advance email notification.

Force Majeure: Neither party shall be liable for any failure or delay resulting from circumstances beyond reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power outages, internet failures, or third-party provider failures.

9. Payments and Billing

BorgBase charges exclusively for backup storage space consumed. No fees apply to the use of backup tools themselves.

Payments are processed through secure third-party payment providers. Payment details are stored securely with the payment provider and are not seen or processed by BorgBase directly.

If you believe there is an error in your billing, please contact us at support@borgbase.com for prompt correction.

10. Taxation

Based on your location and billing address, applicable value-added tax (VAT) will be added for individual customers and businesses without a valid VAT number. EU business users with a valid VAT number must provide this information during account setup to qualify for VAT exemption. BorgBase complies with applicable tax regulations and remits VAT to the relevant authorities.

11. Refund Policy

If you are not satisfied with our service, you may apply for a refund within 30 days for annual plans and 3 days for monthly plans.

Under EU Directive 2011/83/EU, EU consumers have a 14-day right of withdrawal from distance contracts. Any refund will be proportional to unused service time. Withdrawal requests should be sent to support@borgbase.com.

12. Unpaid Accounts

If you do not have an active subscription, your account will continue as a free account, subject to lower storage limits than paid plans. If your account exceeds its storage limit for a prolonged period, we will attempt to contact you before deleting excess data.

Extended unpaid periods with usage beyond free tier limits may result in data deletion and account termination after reasonable notice.

13. Trademarks

All product names and trademarks referenced on BorgBase belong to their respective owners. The use of these names is solely to identify compatible backup tools and does not imply any association, endorsement, or affiliation with their developers unless explicitly stated.

14. Data Integrity and Redundancy

BorgBase is designed as an offsite backup storage destination. It is intended to store copies of data whose primary copy resides elsewhere. BorgBase is not intended as a primary data archive where no other copy of the data exists.

BorgBase employs measures to protect stored data from hardware failure. However, there is no additional geographic redundancy provided (i.e., no backup of your backup).

You are responsible for maintaining your primary data and, where critical, maintaining backup copies in multiple locations. You should regularly verify backup integrity using the tools provided by your backup software.

BorgBase does not guarantee the integrity, availability, or recoverability of stored backup data in all circumstances. You acknowledge the inherent risks of data storage and must maintain appropriate data protection strategies.

15. Limitation of Liability

To the fullest extent allowed by law, BorgBase (and Peakford Ltd) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (A) your access to, use of, inability to access, or inability to use our service; (B) any third party conduct or content on BorgBase, including any defamatory, offensive, or illegal conduct of third parties; (C) any unauthorized access, use, or alteration of your content; or (D) the performance, reliability, or availability of third-party backup tools used with the platform.

16. Linked Products and Services

We are proud to be part of a wider community, which includes different open source projects and complementary services. Sites that we link to may contain links to websites, services, and advertisements that we neither own nor control. We don't endorse or assume responsibility for any third-party sites, information, materials, products, or services.

17. Indemnification

You agree to indemnify, defend, and hold harmless BorgBase, Peakford Ltd, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) content or data stored on the platform; (c) violation of these Terms; or (d) violation of any applicable laws or regulations.

18. Service Discontinuation

In the event that BorgBase ceases operations, we will provide a minimum of 180 days' notice to all users. You may continue accessing your stored backup data during this notice period.

Following the notice period, data will be retained for a reasonable period to allow retrieval. After the retention period, all data will be permanently deleted.

19. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and BorgBase. If any provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect.

20. Modification

The Terms may be modified from time to time. If we make changes that we believe will substantially alter your rights, we will notify you. You'll agree to accept any changes or revisions to the Terms by continuing to use our service.

21. Governing Law

These Terms shall be governed by the laws of Malta, without regard to its conflict of law provisions.

22. Privacy

Please see the Privacy Policy for information on data privacy.