Terms of service

Version of TODO_LEGAL(DATE_VERSION), YOOBOOST SAS

1. Purpose and scope

These terms govern the NeverWiped service, available at https://neverwiped.com, provided by YOOBOOST SAS, TODO_LEGAL(FORME_JURIDIQUE) with a share capital of TODO_LEGAL(CAPITAL_SOCIAL), SIREN TODO_LEGAL(SIREN) (TODO_LEGAL(RCS)), registered office TODO_LEGAL(ADRESSE), VAT number TODO_LEGAL(TVA_INTRACOM) (“the Publisher”).

The service lets anyone with a Linux server (“the Customer”) install a backup agent, back up that server’s files, databases and volumes automatically, and restore them. Backups are encrypted on the Customer’s server before they are sent, then stored in France. The platform (website, dashboard, API and account database) is hosted in the EU.

The Customer may be a consumer or a business; some clauses apply to only one of them and say so. Creating an account means accepting these terms in the version in force on that date.

2. The service

• The neverwiped agent, installed by the Customer in one command, which detects what to back up and proposes a plan that the Customer confirms.
• Full then incremental backups, encrypted, deduplicated and compressed, at the frequency of the chosen plan.
• Storage of those backups on the Publisher’s storage server in France, in append-only mode: a backup sent can’t be deleted from the Customer’s server outside the pruning window of article 9.
• Restore, when the Customer asks for it, with an agent command.
• A dashboard showing backup status, storage used, history, API keys, subscription and invoices.
• Email alerts (failed backup, no backup for several days, storage almost full).

The service is provided as described in the public documentation. It doesn’t include administering the Customer’s server, managed services, or reinstalling the Customer’s applications.

3. Plans and prices

Storage is the total stored for the account, after compression and deduplication, across all servers. Retention is how long past backups stay available; it can be slightly longer at the start of the period.

Prices are shown including VAT for a customer billed with French VAT, and before VAT, which is the invoicing base:

• Customer billed with French VAT (consumer or business): French VAT at 20 %; the Customer pays the displayed price including VAT.
• Consumer in another EU member state: price before VAT plus the VAT of their country (One-Stop Shop scheme).
• Business in another EU member state with a VAT number validated by the European Commission’s VIES system: invoiced before VAT, VAT self-assessed by the Customer (reverse charge, article 196 of directive 2006/112/EC). Until the number is validated, the VAT of their country applies.
• Customers outside the European Union: the service isn’t offered to them at the moment.

The Publisher may change its prices. Any increase is notified by email at least thirty (30) days before it applies to the next due date; the Customer may cancel at no cost before then.

4. Free trial

Trial currently offered: yes. When offered, the free trial lasts 14 days from account creation, without a payment method, on the base plan limited to 5 GB. One trial per person.

At the end of the trial, without a paid subscription, new backups stop, restore stays possible, and stored data is permanently deleted 7 days after the end of the trial. An email warns the Customer before that deletion.

5. Subscription and payment

The subscription is monthly, with no minimum term, taken out in the dashboard. Payments are processed by Mollie B.V.; the Publisher keeps no card number or IBAN in clear.

• Card: the first payment is made on Mollie’s secure page and authorises the following ones. The subscription starts once it is accepted.
• SEPA direct debit: the Customer enters their IBAN and the account holder’s name and accepts the SEPA mandate. The subscription starts immediately; the debit follows within days. The Customer keeps the refund rights of the SEPA rules with their bank.

Each period is payable in advance with the saved payment method, which the Customer can change at any time in the dashboard.

6. Invoicing

An invoice is issued for each payment collected, in PDF in the dashboard and announced by email, with continuous numbering per year (for example NW-2026-000001). Any refund, in full or in part, gives rise to a credit note. For a business Customer, late payment carries penalties at three times the legal interest rate and a fixed recovery fee of €40 (articles L. 441-10 and D. 441-5 of the French Commercial Code).

7. Changing plans

The Customer can change plans at any time in the dashboard; before confirming, a page shows what changes (frequency, retention, storage, servers, price).

• Moving up: immediate. The price difference before VAT is charged pro rata for the rest of the period. If that payment fails, the previous plan is restored.
• Moving down: at the end of the current period, without refund, and can be cancelled until then. If the Customer then has more servers than the new plan allows, new backups of the extra servers (the most recently added) are suspended; a shorter retention deletes backups that became too old at the next pruning; if storage exceeds the new quota, new backups fail until it drops.

8. Unpaid amounts

If a payment fails (day 0), each step below comes with an email:

A successful payment at any step stops the procedure and resumes backups. After the deletion of day 45, backups can’t be recovered. It is up to the Customer to restore them or settle the amount before that date.

9. Retention and pruning

Backups are kept for the retention of the plan. Older backups are pruned by the agent, on the Customer’s server, during a short maintenance window (one hour) for which the Publisher issues a temporary access allowing deletion, limited to that server’s repository. Outside that window, the storage refuses any deletion. Someone who took control of the Customer’s server during that window could delete that server’s backups; the security of the Customer’s server is the Customer’s responsibility.

10. Cancellation and account deletion

Cancellation. The Customer can cancel at any time in the dashboard, at no cost and without giving a reason. It takes effect at the end of the paid period and can be undone until then; no pro rata refund is due. Then new backups stop and stored data is deleted 30 days later, after a notice by email.

Account deletion. The Customer can ask for their account to be deleted at any time (“My account”), after confirming with their password. The deletion takes place 7 days after the request; until then nothing is deleted, the service goes on without any charge and the Customer can cancel the request. On that date the deletion is permanent: all stored backups are erased and the payment mandate is revoked. The delay protects the Customer against a deletion asked by someone who obtained their password. Invoices are kept for the legal ten years. The detailed timeline is in the retention policy.

Termination by the Publisher. The Publisher may suspend or close the account of a Customer who uses the service unlawfully or against these terms or the acceptable use policy (https://neverwiped.com/legal/acceptable-use), after a formal notice left unanswered for eight (8) days, except in an emergency or under a legal obligation.

11. Right of withdrawal (consumers)

A consumer Customer has fourteen (14) days from taking out the paid subscription to withdraw, without giving a reason, by writing to TODO_LEGAL(EMAIL_CONTACT) or by any unambiguous statement. As the service starts at subscription at the Customer’s express request, a Customer who withdraws owes an amount proportionate to the service provided until they communicated their decision (article L. 221-25 of the French Consumer Code); the rest is refunded within fourteen days.

12. Customer obligations

The Customer agrees to give accurate information and keep it up to date; keep their password and API keys confidential; hold the rights needed on the data they back up and comply with the law, including on personal data (see the DPA, https://neverwiped.com/legal/dpa); check the backup plan proposed by the agent; read the alerts sent by email; keep their recovery key (article 13); and test restores regularly (article 14).

13. Recovery key and encryption

Backups are encrypted on the Customer’s server with a key that never leaves it. At install, a recovery key is shown once. Only the Customer knows it: the Publisher doesn’t receive it, doesn’t store it and can’t rebuild it. Therefore the Publisher can’t read, decrypt or restore the backups for the Customer, and if the Customer loses both their server (or the agent’s encryption key) and their recovery key, their backups are permanently unreadable, for everyone. The Publisher can’t be held liable for being unable to restore data after the recovery key was lost.

14. Restore tests

A backup is only worth something if it can be restored. The Customer agrees to test restores regularly, at least after the install and after any significant change to the server, for example into a separate folder (neverwiped restore latest --target /root/test-restore), and to check that the restored files and database dumps are complete and usable.

15. What the service doesn’t cover

Only what is in the plan confirmed by the Customer is backed up. Not covered, in particular: data outside the plan’s folders or excluded (by default node_modules, caches, the agent’s binaries, Docker layers); databases the agent could not detect or dump; files the agent can’t read, reported in the log; backups that fail because the quota is reached, the subscription is suspended, or the Customer’s server is off, unreachable or misconfigured (reported by email and in the dashboard); re-importing databases after a restore.

16. Availability and maintenance

The Publisher takes reasonable steps to keep the service available, without guaranteeing permanent availability. Maintenance is scheduled outside the usual backup hours where possible and announced in advance. A backup missed during an interruption runs at the next scheduled time or can be started by hand.

17. Where data lives, and security

Backups are stored in France; the agent sends them straight to the storage server, without passing through the platform. Account data (identity, billing, invoices) and backup metadata (server names, plan paths, dates, sizes, status) are hosted on the platform, in the EU; data locations and sub-processors are described in the privacy policy (https://neverwiped.com/legal/privacy). Data is encrypted in transit (TLS); backups are also encrypted on the Customer’s server and stored on encrypted disks. Administrative access to the platform is logged.

18. Liability

Best efforts. The Publisher has an obligation of means. It doesn’t guarantee that the service is error-free or that it will restore all of the Customer’s data in every circumstance.

Exclusions. The Publisher is not liable for damage resulting from: loss of the recovery key; an incomplete backup plan; no restore test; an alert not acted upon; a compromise of the Customer’s server; a deletion made under articles 4, 8 and 10; force majeure; use contrary to the documentation.

Business Customers. Liability is limited to direct and foreseeable damage. Indirect damage (loss of business, revenue, customers or reputation) is excluded. Total compensation is capped at the amounts paid by the Customer for the service in the twelve (12) months before the event.

Consumer Customers. These limits don’t apply to gross negligence or wilful misconduct, nor where the Consumer Code forbids them. Consumers’ statutory guarantees are not affected.

19. Referrals

Each account has a unique referral link. A visit through it is remembered for 30 days (first link wins). When the referred person pays their first subscription, the conversion is validated after 14 days without refund, chargeback or unpaid amount. A subscribed referrer then gets one month of their plan off their next payment; a referrer without a subscription gets a banked month, valid 24 months, at the Pro level. At most 12 months per calendar year; no money is paid out. A referral is refused when referrer and referred share an email, a private email domain, a card or bank account, a sign-up IP or a billing address. Beyond 5 conversions in a month, each one is checked by hand. In case of fraud, the months obtained may be cancelled.

20. Changes to these terms

The Publisher may change these terms; changes are notified by email at least thirty (30) days before they take effect, and a Customer who refuses them may cancel at no cost before then.

21. Complaints and mediation

Complaints: TODO_LEGAL(EMAIL_CONTACT). A consumer Customer may, after a written complaint without a satisfactory answer, use the consumer mediator free of charge: TODO_LEGAL(MEDIATEUR_CONSOMMATION), or the European online dispute resolution platform.

22. Governing law and jurisdiction

These terms are governed by French law. Failing an amicable agreement, any dispute with a business Customer falls under the exclusive jurisdiction of TODO_LEGAL(TRIBUNAL_COMPETENT). A consumer Customer may bring a case before the court of their place of residence or any court competent under the law.

23. Related documents

Legal notice https://neverwiped.com/legal/notice · Privacy policy https://neverwiped.com/legal/privacy · Acceptable use policy https://neverwiped.com/legal/acceptable-use · DPA https://neverwiped.com/legal/dpa · Refunds and cancellation https://neverwiped.com/legal/refunds · Security https://neverwiped.com/security