These Terms of Service ("Terms") apply to your use of the ASM Stack website, software (including ASM Backup) and related services (together, the "Services"), provided by DevASP Inc, the company behind ASM Stack ("ASM Stack", "we", "us"). By installing or using the Services, you agree to these Terms. If you use the Services for a business, you agree on behalf of that business.
1. Private beta
The Services, other than the Free Tools described in section 8, are currently offered as a private beta, by invitation only. Beta features may change, and some may be added or removed. We will tell you in advance about any change that significantly affects your use of the Services.
2. Your account
- You must give accurate information and keep it up to date.
- You are responsible for keeping your password safe and for all activity under your account.
- Tell us right away if you think someone else has access to your account.
- Each account belongs to one person or business. Do not share your account with others.
3. Your data
You keep all rights to the files and information you back up ("Your Data"). You give us permission to store, copy, transmit and process Your Data only as needed to provide the Services to you. Our Privacy Policy explains how we handle your information.
You are responsible for making sure you have the right to back up Your Data, and that Your Data and your use of the Services comply with the law.
Your Data is encrypted on your computer before it is uploaded. By default, we keep the means to decrypt it protected on your behalf, so we can restore Your Data to a new or replacement computer.
If you choose to protect your backups with your own encryption key or passphrase, only you hold it. We cannot read, reset or recover it. If you lose it, Your Data cannot be restored by anyone, including us, and we are not responsible for that loss. Keep it, and any recovery key we give you, in a safe place.
4. Acceptable use
You agree not to:
- Use the Services for anything illegal, or to store content you do not have the right to store.
- Try to access another customer's account or data, or any part of our systems you are not allowed to access.
- Interfere with, overload, or attempt to break the security of the Services.
- Copy, modify, reverse engineer, resell or redistribute our software, except as allowed by law.
5. Software and updates
We grant you a limited, non-exclusive, non-transferable license to install and use our software on your computers for as long as you are allowed to use the Services. The software updates itself automatically to keep it secure and working.
6. Fees
Fees for the Services are as agreed between you and us. During the private beta, fees are billed by invoice. We will give you advance notice of any change to your fees.
7. Backups are not a guarantee
We work hard to protect Your Data, but no backup system is perfect. You are responsible for checking that the files you care about are selected for backup, and for keeping additional copies of critical data where appropriate. Restoring large amounts of data may take time.
Our free online tools, such as Compress PDF, Merge PDF and Split PDF (the "Free Tools"), can be used without an account. Depending on the tool, your files either never reach us, or are processed and not saved by us (see our Privacy Policy).
- Keep your original files and check every result before you use it.
- Only use files you have the right to use, and do not use the Free Tools for anything illegal.
- The Free Tools are provided free, "as is", without any warranty. We may change or remove them at any time.
- To the fullest extent allowed by law, we are not liable for any loss or damage from using the Free Tools, including lost or damaged files.
9. Ending the Services
You may stop using the Services and ask us to close your account at any time. We may suspend or close an account that breaks these Terms or does not pay agreed fees, or if required by law. Except in cases of serious misuse or legal requirements, we will give you notice and a reasonable chance to retrieve Your Data before it is deleted.
10. Disclaimer
The Services are provided "as is" and "as available". To the fullest extent allowed by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Services will be uninterrupted or error-free.
11. Limitation of liability
To the fullest extent allowed by law, ASM Stack will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or business, arising from your use of the Services. Our total liability for any claim relating to the Services is limited to the amount you paid us for the Services in the 12 months before the claim.
12. Changes to these Terms
We may update these Terms from time to time. If we make important changes, we will tell you by email or through the Services before they take effect. Continuing to use the Services after the changes take effect means you accept the updated Terms.
13. Governing law
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules.
14. Contact us
Questions about these Terms: support@asmstack.com, or write to us at:
DevASP Inc
6360 Arc Way, Suite 3
Fort Myers, FL 33966
Phone: (239) 541-2522