Legal
Terms and Conditions & Privacy Policy
These terms govern your use of the AnyFileBackup website and software products sold by AAR Innovations. Please read them carefully before placing an order or downloading the software.
These Terms and Conditions (hereinafter referred to as the “Terms”) settle the basic contractual principles and terms of relations between you (hereinafter referred to as “You” or the “Customer”) and AAR Innovations (hereinafter referred as the “Company”) related, but not limited to: (a) usage of the website www.any-file-backup.com (hereinafter referred to as the “Website”), (b) Website content and resources, and (c) procedure for ordering software developed by AAR Innovations and available on the Website (hereinafter collectively referred to as the “Products” and each individually as the “Product”). Using the Website or any part thereof and (or) downloading the Products and (or) placing an order for purchasing any Product means that You fully understand the Terms and express Your irrevocable, unconditional, full, and final agreement with and acceptance of the Terms in their entirety.
Disclaimer of Warranty
All Materials contained on this Website are provided “AS IS” without warranty of any kind. The Company disclaims all warranties of any kind including all warranties and conditions of merchantability whether express implied or statutory, fitness for a particular purpose, title and non-infringement. Any use of the Materials of this Website is at Your own discretion and risk and You are solely responsible for any damage to Your computer system, including but not limited to loss of data.
Orders and Payments for the Product(s)
All orders for the Products shall be placed through an order processing company, which can be authorised to act as such by the Company from time to time (hereinafter referred to as the “OPC”). Specific terms of payment are subject to payment terms and conditions of the respective OPC.
Please note that all prices for the Products are indicated in Euro (EUR), therefore, the payments will be carried out in Euro (EUR) or in any other currency which is available on a website of the OPC which will be converted into Euro (EUR) at the rate of the OPC.
The Website operates on an “invitation to treat” basis and not as an “offer for sale”. For this reason the Company reserves a right to decline any orders without explanation at its own unrestricted discretion.
After placing an order with the OPC no refunds or order cancellations are possible for whatever reason (including, but not limited to mistake or change of circumstances). If You believe that an order has been placed in a cause of fraud or as a part of other criminal affair, the Company may consider a refund provided that You have provided to the Company’s satisfaction such documents and evidences as it may think fit to confirm the existence of an alleged criminal act (which may include, inter alia, official reports of state authorities confirming illegal transactions, judgement of conviction of a competent court and others).
[This paragraph relates only to orders for which ‘purchase order’ has been selected as a payment method on the OPC website] If the Customer is purchasing any Product with a purchase order, by placing such order with the OPC the Customer (a) makes a binding contractual promise to the Company that the amount due under the purchase order will be credited to the OPC’s bank account as soon as possible but not later than thirty (30) calendar days as of the date of placing of the respective order with the OPC (hereinafter referred to as the “Promise”), (b) understands that in consideration for the Promise the Company will deliver to the Customer Product licence keys before the purchase order has been credited to the OPC’s bank account, (c) understands that the Company relies on the Customer’s Promise and that any delay in paying the purchase order is causing financial loss to the Company, (d) agrees to pay one (1) per cent interest on the sum due to the Company under the purchase order for every calendar day of delay (that is a period which starts on the thirty first (31st) calendar day as of the date of placing of the respective order with the OPC and ends on the day when the amount due to the Company under the purchase order is credited to the OPC’s bank account (hereinafter referred to as the “Delay Period”)), (e) agrees that at any time within the Delay Period the Company may revoke all and any Product licence keys which have been sent to the Customer in reliance to his Promise, (f) agrees that the Company has no duty to restore any licence keys so revoked until the purchase order and the interest occurred during the Delay Period have been paid in full, and (g) agrees that if any licence keys have been revoked and subsequently restored, these keys will be effective as if they have been issued on the original date of placing of the respective order with the OPC.
Relations between the Customer and the OPC are subject to terms and conditions established by such OPC, which it may change upon its own discretion without notice. The Company will not be held responsible for any actions or failure to act and (or) damage caused to the Customer by any OPC and (or) OPC’s employees and (or) OPC’s affiliates and (or) OPC’s contractors.
The Company will not be held responsible for pricing errors due to software malfunctions, or human error.
Delivery of the Product(s) Licence Keys
Product licence keys are delivered within two business days as of the business day following the day of placement of the order for the Product(s) with the authorised order processing company. The licence key will be delivered via email to Your mailbox specified in Your order for the Product(s). In exceptional cases the delivery may be delayed. You will be notified if Your Product licence key cannot be delivered in time.
The delivery of the Products recorded on CD (Compact Disk) or any other removable media (if provided) may take up to two full business weeks and is subject to the delivery terms and conditions of the respective authorised order processing company and its delivery service provider.
Privacy Policy and Personal Information Security
The Company collects only the basic personal data, which it receives from the OPC when You purchase a Product(s), required to generate Your individual Product licence key and identify You as a Customer in circumstances when You need to recover Your licence key or receive relevant support services. The OPC and delivery service provider may collect additional personal data required to process Your order for the Product(s).
The Company will not release Your name, address, email address, or any other data about You and Your order for the Product(s) to any third party unless otherwise provided for by applicable legislation.
The Company does not guarantee the security of any information transmitted to or from the Website and the websites of the OPC and delivery service providers. You should carefully read information available on the website of the OPC to ensure the security of the information transmitted to, or from, it.
None of the Products sends to the Company or any third party any data related to You unless You specifically configure a relevant Product(s) to send any such information to the Company and (or) a third party(-ies); in the latter case You assume full responsibility for such action and its consequences. Any information related to You that has been used by You to configure a Product(s) is securely stored by the relevant Product(s) at the installation location of the relevant Product(s) or other locations as may be configured by You.
If the Company is in possession of Your data (including personal data, sensitive personal data, and any other data) (hereinafter referred to as the “Data”), this Data will be securely stored (which includes among other things the usage of modern asymmetric cryptographic algorithms) for the period required to attain the Company’s business purposes unless an earlier of: (a) the Company is under a statutory duty applicable to it to delete Your Data, or any part thereof, upon commencement of a certain event or expiration of a certain period of time, or (b) the Company receives Your request through the contact form available on the Website, which request contains sufficient proof of Your identity that allows the Company to locate Your Data and specifies the particular Data which You would like to be deleted (which may include ‘all data’). Your request for Data deletion will be fulfilled within thirty (30) calendar days from the date of receipt by the Company of Your appropriate request that is compliant with the provisions of these Terms, and You will be notified upon its fulfilment by the e-mail provided by You as a contact e-mail. Please note that deletion of Your Data may affect the Company’s ability to provide support services, to deliver a lost registration key, etc.
Returns Policy & Guarantee
See the respective section of the Licence Agreement, which accompanies each Product.
Website Terms of Use
All information, communications, software, scripting, pictures, text, video, graphics, music, sounds, images and other materials and services (hereinafter collectively referred to as the “Materials”) available on the Website are intended for guidance only and may be used for informational and non-commercial or personal use only.
The Website is regularly updated. Products and prices thereto are subject to change without notice.
Copyright
All Materials available on the Website are the property of the Company or the property of their respective owners and are protected by local laws and international treaties.
Trademarks
All trademarks that appear on the Website are the property of their respective owners.
Unlawful or Prohibited Use
You shall not use the Website and its Materials for any purpose that is unlawful or by any means prohibited under the Terms. You shall not use the Website and its Materials in any manner which may directly or indirectly harm the Company or other parties or adversely affect the Website’s functionality or its use by others.
You shall not attempt to obtain from or through the Website any Materials that are not already and intentionally made available from or through it.
Liability and Limitation Thereof
Under no circumstances shall the Company be liable for any kind of damages indirect or consequential, including, without limitation, loss of profits or revenues and/or costs of replacement goods and all damages resulting from, inter alia, (i) downloading of any Product available, (ii) use of the Materials available on the Website, (iii) Company’s failure to provide services, whether in action of contract, negligence or other tortious action, even if the Company was informed in advance of the possibility of such damages.
Change of the Terms
The Company reserves a right to change these Terms at any time at its own unrestricted discretion and without notice. Such changes shall have a retrospective effect unless otherwise provided therein.
Contacting Us
You can send us a message through the contact form available on the Website.