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Terms and Conditions

Last updated: April 1, 2025

1. Acceptance of Terms

By accessing or using AXIS CloudSync (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of Service

AXIS CloudSync provides cloud-based file synchronization, storage, and sharing services. The Service is powered by Axcient x360Sync infrastructure. Features include desktop and mobile sync clients, a web portal, team shares, file versioning, backup, and administrative tools. We reserve the right to modify, suspend, or discontinue the Service at any time with reasonable notice.

3. Account Registration and Security

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must immediately notify us of any unauthorized use of your account. We recommend enabling two-step authentication. For HIPAA-covered organizations, two-step authentication is required for all users who access Protected Health Information.

4. Acceptable Use

You agree not to use the Service to: (a) upload, store, or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable; (b) violate any applicable law or regulation, including HIPAA, GDPR, or export control laws; (c) transmit malware, viruses, or any other malicious code; (d) interfere with or disrupt the integrity or performance of the Service; (e) attempt to gain unauthorized access to any part of the Service or its related systems; (f) use the Service to send unsolicited bulk communications (spam); or (g) sublicense, resell, or commercially exploit the Service without our written consent.

5. Data Ownership and License

You retain all ownership rights to the files and content you upload to the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive license to store, process, and transmit Your Content solely to provide the Service to you. We do not claim ownership of Your Content and will not use it for any purpose other than providing the Service, except as required by law or described in our Privacy Policy.

6. HIPAA Compliance

If you use the Service to store or process Protected Health Information (PHI) as defined by HIPAA, you must execute a Business Associate Agreement (BAA) with us before storing any PHI. BAAs are included on the Franchise plan ($18/user/mo) and above. You are responsible for ensuring that your use of the Service complies with all applicable HIPAA requirements, including implementing appropriate administrative, physical, and technical safeguards. We provide tools to support your compliance obligations, but compliance is ultimately your responsibility as the Covered Entity.

7. Payment and Billing

Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law or as explicitly stated in our refund policy. We reserve the right to change our pricing with 30 days' notice. If payment fails, we may suspend your account after providing notice. AXIS CloudSync is sold through Managed Service Providers (MSPs); billing terms may vary by MSP agreement.

8. Termination

Either party may terminate the Service at any time. Upon termination, your right to access the Service ceases immediately. We will retain your data for 30 days after termination to allow you to export it, after which it will be permanently deleted. We may terminate or suspend your account immediately if you violate these Terms, engage in fraudulent activity, or if required by law.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXIS CLOUDSYNC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless AXIS CloudSync and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in a court of competent jurisdiction.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or by posting a notice on our website. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

14. Contact

For questions about these Terms, contact us at [email protected] or through our Contact page.

These Terms and Conditions were last updated on April 1, 2025. Questions? Contact us at [email protected].