Terms of Service

Acceptance of these terms

These Terms of Service (the “Terms”) are a legal agreement between you and Marc Pope, a sole proprietor located in North Carolina, USA (“we,” “us,” or “our”), governing your use of the Borg Backup Server mobile application (the “App”), the borgbackupserver.com website, and any hosted services we make available (together, the “Service”).

By downloading, installing, or using the App, or by starting a free trial or subscription, you agree to these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

What the service is — and isn't

The App is a management and monitoring client for Borg Backup Server instances that you operate or are authorized to access. It lets you view backup jobs, monitor status, trigger and manage operations, and receive alerts about servers you connect it to.

The App is not a backup engine and does not itself create, encrypt, transmit, or store your backup data. That work is performed by BorgBackup and by the Borg Backup Server software running on your infrastructure. The App is a control surface for software you already run.

Eligibility and your account

You must be at least 13 years old to use the Service, and old enough to enter a binding contract in your jurisdiction. The Service is intended for system administrators and technical users, not for children.

Where the Service requires an account, you are responsible for keeping your credentials confidential and for all activity that occurs under your account. Notify us promptly at support@borgbackupserver.com if you believe your account has been compromised.

Your servers and your credentials

A single subscription may be used to manage an unlimited number of Borg Backup Servers. There is no per-server, per-agent, or per-repository charge.

You represent that you own, or are authorized by the owner to administer, every server, repository, and system you connect to the App. You are solely responsible for:

• the security, configuration, patching, and availability of your servers;
• the credentials, SSH keys, API tokens, and encryption passphrases you store in or supply to the App;
• the lawfulness of the data you back up and of your use of the Service; and
• the consequences of operations you initiate through the App, including deletions, pruning, and restores.

Some actions available through the App are destructive and irreversible. Confirm before you act.

Subscription, free trial, and billing

Access to the App is sold as an auto-renewing subscription purchased through the Apple App Store.

Free trial. New subscribers receive a 7-day free trial. The trial begins when you start it in the App and is generally limited to one per Apple ID. At the end of the trial, unless you have cancelled, your subscription begins automatically and your Apple ID is charged the then-current monthly price. If you purchase a subscription before the trial has ended, any remaining free trial period is forfeited.

Auto-renewal. Your subscription renews automatically each month, and your Apple ID is charged within 24 hours before the end of the current period, until you cancel.

Price changes. We may change the subscription price. Apple will notify you of a price increase and, where required, ask for your consent before it takes effect. If you do not accept the new price, you may cancel; the change will not apply retroactively to periods already paid for.

Taxes. Prices are exclusive of sales, use, VAT, GST, and similar taxes, which Apple may collect and remit where applicable.

All billing is handled by Apple. We do not receive, process, or store your payment card details. Your purchase is also subject to the Apple Media Services Terms and Conditions.

Cancellation

You cancel through Apple, not through us: open Settings → [your name] → Subscriptions on your iOS device, select Borg Backup Server, and tap Cancel Subscription. The same applies during the free trial — cancel at least 24 hours before the trial ends to avoid the first charge.

Deleting the App does not cancel your subscription. Billing continues until you cancel through your Apple ID settings.

After cancellation you keep access for the remainder of the period you have already paid for. When that period ends, paid functionality stops. Your servers, repositories, and backup data are unaffected — they live on your infrastructure and remain fully usable through the Borg Backup Server web interface and BorgBackup itself.

Refunds

Because purchases are made through the Apple App Store, refunds are handled by Apple under its own policies, not by us. Request a refund at reportaproblem.apple.com. We have no ability to issue, reverse, or override an App Store charge.

Except where required by law, subscription fees are otherwise non-refundable, and partial months are not prorated.

Hosted services

We may offer hosted Borg Backup Server plans in which we provide the platform, infrastructure, and backup storage. Hosted plans are sold separately from the App subscription and are governed by these Terms together with any plan-specific terms, pricing, service levels, and storage limits presented at the time of purchase. Where a plan-specific term conflicts with these Terms, the plan-specific term controls for that plan.

Nothing in these Terms obligates us to offer, launch, or continue any hosted service, and an App subscription confers no entitlement to one.

License to use the app

Subject to these Terms and your payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on Apple-branded devices that you own or control, as permitted by the Apple App Store Usage Rules. This license is for use of the App, not a sale of it. We reserve all rights not expressly granted.

Acceptable use and restrictions

You agree not to:

• use the Service to access any system, server, or data you are not authorized to access;
• use the Service to store, transmit, or back up material that is unlawful, infringing, or that you have no right to handle;
• copy, modify, translate, or create derivative works of the App, or reverse engineer, decompile, or disassemble it, except to the extent that applicable law expressly permits despite this limitation;
• rent, lease, lend, sell, sublicense, or otherwise redistribute the App, or offer it as a service to third parties;
• remove or obscure any proprietary notices, or circumvent licensing, authentication, or subscription controls;
• interfere with or disrupt the Service or our infrastructure, including our push notification relay, or attempt to gain unauthorized access to it;
• use the Service to develop a competing product, or use automated means to scrape or overload it; or
• use the Service in violation of any applicable law, regulation, or third-party right.

We may suspend or terminate access that we reasonably believe violates this section.

Intellectual property and open source

The App, its design, and its trademarks are owned by us and protected by copyright and other laws. You retain all rights to your own data, configurations, and backup content — we claim no ownership of them.

The Borg Backup Server server software is a separate open-source project released under the MIT License, and its terms govern your use of that software. The App is a separate, proprietary client and is not covered by the MIT License. BorgBackup is an independent open-source project not affiliated with or endorsing us. The App may include third-party open-source components, each subject to its own license; those licenses are acknowledged in the App or its documentation.

Push notifications

If you enable push notifications, the App registers with our notification relay so that alerts from your servers — job failures, completions, and similar events — can reach your device through Apple Push Notification service. This requires us to hold a device token, a device identifier, and the association between them and your server. See the Privacy Policy for exactly what is held and for how long.

Push delivery depends on Apple's network and on your device and connectivity, and is provided on a best-effort basis. Do not rely on push notifications as your only means of monitoring backup health. A missing alert is not evidence that a backup succeeded.

Privacy

Our Privacy Policy explains what we collect and what we do with it. In short: we do not sell or rent your information, your server credentials stay on your device, and the only data the App sends to us is what is needed to deliver push notifications you have asked for. The Privacy Policy is incorporated into these Terms by reference.

Availability, updates, and changes

We aim to keep the Service working well, but we do not guarantee that it will be uninterrupted, timely, secure, or error-free. We may modify, update, suspend, or discontinue any part of the Service, including individual features, at any time. Where a change materially reduces functionality you are paying for, you may cancel your subscription as described above.

Updates may be required to keep the App compatible with current versions of iOS or of the Borg Backup Server software. We do not commit to supporting indefinitely old versions of either.

Backup responsibility

We are not responsible for data loss, incomplete or corrupted archives, failed or missed backup jobs, lost encryption passphrases, failed restores, or downtime of your servers or storage providers. If you lose a Borg repository passphrase, the data in that repository is unrecoverable by anyone, including us.

Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DATA WILL BE PRESERVED, ACCURATE, OR RECOVERABLE. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. In that case, any implied warranty is limited to the shortest period permitted by law.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US OR APPLE FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY US DOLLARS ($50).

These limits apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; nothing here limits liability that cannot be limited by law, such as for fraud, gross negligence, or death or personal injury caused by negligence.

Indemnification

You agree to indemnify, defend, and hold harmless Marc Pope from and against any claims, damages, liabilities, losses, and reasonable legal fees arising out of or related to your use of the Service, your data or backup content, your servers, or your breach of these Terms or of any law or third-party right.

Termination

You may stop using the Service at any time and cancel your subscription as described above. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we are required to by law, or if we discontinue the Service. On termination, your license to use the App ends immediately and you must stop using it.

Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — survive.

Changes to these terms

We may update these Terms from time to time. The “Last updated” date at the top of this page reflects the most recent version. For material changes, we will provide reasonable notice — in the App, by email, or on this site — before they take effect. Continued use of the Service after changes take effect means you accept the revised Terms. If you do not accept them, cancel your subscription and stop using the Service.

Governing law and disputes

These Terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@borgbackupserver.com and allowing 30 days to work it out. If that fails, you and we agree that any dispute will be brought exclusively in the state or federal courts located in North Carolina, and each party consents to personal jurisdiction and venue there. If you are a consumer, this does not deprive you of the protection of mandatory consumer-protection laws in your country of residence.

Claims must be brought on an individual basis; class or representative actions are not permitted, to the extent allowed by law.

Additional terms for Apple App Store

The following applies to the App as obtained through the Apple App Store, and supplements the rest of these Terms:

• Not with Apple. These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for the App and its content.
• Scope of license. Your license to use the App is limited to a non-transferable license to use it on Apple-branded devices you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Maintenance and support. We are solely responsible for providing maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
• Warranty. To the maximum extent permitted by law, Apple has no warranty obligation for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; Apple has no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our sole responsibility.
• Product claims. We, not Apple, are responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• Intellectual property claims. In the event of a third-party claim that the App or your use of it infringes that party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
• Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party terms. You agree to comply with applicable third-party terms of agreement when using the App.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.
• Support contact. Questions, complaints, and support requests should be directed to support@borgbackupserver.com.

Export control and government users

The App may be subject to U.S. export control laws. You agree not to export, re-export, or transfer the App in violation of those laws. The App and its documentation are “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202; U.S. Government end users acquire only the rights set out in these Terms.

General provisions

Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms, are the entire agreement between you and us regarding the Service, and supersede any prior agreements on the subject.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in full force.

No waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Headings. Section headings are for convenience only and do not affect interpretation.

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