Terms of Service

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you or your organization ("Customer," "you," "your") and BetterCloudz ("we," "us," "our," "Provider") governing your access to and use of the BetterCloudz website (bettercloudz.com) and Acronis Cyber Protection services.

Company Information:
BetterCloudz (السحابة الأفضل)
Authorized Acronis Partner
Website: bettercloudz.com

1. Acceptance of Terms

1.1 Agreement to Terms

By accessing our website, submitting an inquiry, requesting a demo or trial, creating an account, or purchasing our services, you acknowledge that you have read, understood, and agree to be bound by:

  • These Terms of Service
  • Our Privacy Policy
  • Any service-specific terms, Service Level Agreements (SLAs), or order forms
  • Acronis Cyber Protect Cloud Acceptable Use Policy (as applicable)

1.2 Authority to Enter Agreement

By accepting these Terms, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal authority to enter into this Agreement on behalf of your organization
  • You are authorized to bind your organization to these Terms
  • Your organization is duly registered and in good standing in its jurisdiction

1.3 B2B Services Only

Our services are provided exclusively for business-to-business (B2B) purposes. These Terms do not apply to consumer transactions, and we do not offer services to individual consumers for personal, household, or family use.

2. Description of Services

2.1 Service Offering

BetterCloudz is an authorized Acronis partner providing comprehensive cyber protection and cloud backup services powered by Acronis Cyber Protect Cloud technology. Our services include:

  • Cloud Backup Solutions: Microsoft 365, Google Workspace, endpoint, server, and virtual machine backup
  • Disaster Recovery: Business continuity and disaster recovery planning and implementation
  • Ransomware Protection: Advanced threat detection, prevention, and recovery
  • Endpoint Protection: Comprehensive security for workstations and mobile devices
  • Server Protection: Physical and virtual server backup and security
  • Cloud-to-Cloud Backup: SaaS application data protection
  • Email Security: Protection against phishing, malware, and data loss
  • Professional Services: Consultation, implementation, migration, training, and technical support

2.2 Service Delivery Model

Services are delivered as Software-as-a-Service (SaaS) through the Acronis Cyber Protect Cloud platform. You access services via web console, desktop agents, mobile applications, and API integrations as applicable to your subscription.

2.3 Service Modifications

We reserve the right to modify, enhance, or discontinue features with reasonable notice. We will notify you of material changes that negatively impact functionality at least 30 days in advance.

2.4 Service Availability

Services are available to businesses operating in or serving the Gulf Cooperation Council (GCC) region, including Saudi Arabia, United Arab Emirates, Qatar, Kuwait, Bahrain, and Oman.

3. Account Registration

3.1 Account Creation

To access certain features, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

3.2 Account Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of your organization.

4. Service Plans and Pricing

4.1 Subscription Plans

Our services are offered on a subscription basis with flexible pricing models designed for businesses of all sizes:

  • Pay-as-You-Grow: Scale your subscription based on actual usage with no long-term commitments
  • Monthly Billing: Flexible month-to-month subscriptions
  • Annual Subscriptions: Discounted annual prepayment options
  • Enterprise Packages: Custom pricing and terms for large organizations
  • Pricing Factors: Based on storage capacity, number of protected workloads, feature sets, and support level

4.2 Currency and Pricing Transparency

All prices are quoted in United States Dollars (USD) unless otherwise specified in your service agreement or invoice. Pricing for specific plans is available upon request and may vary by:

  • Geographic region and data center location
  • Volume commitments and contract duration
  • Service package and feature selections
  • Support tier and service level requirements

4.3 Free Trials and Evaluation Periods

We may offer free trials or evaluation periods for prospective customers:

  • Trial duration, features, and limitations are specified at signup
  • No payment information required unless converting to paid subscription
  • Data created during trial periods may be retained for 30 days after trial expiration
  • We reserve the right to modify, limit, or terminate trial offerings at our discretion
  • One trial per organization unless otherwise authorized

4.4 Price Changes

We reserve the right to modify pricing for services:

  • Existing Customers: We will provide at least 30 days' written notice before implementing price increases for renewal periods
  • Annual Contracts: Pricing is locked for the contract term; changes apply upon renewal
  • Monthly Subscriptions: Price changes take effect upon next billing cycle after notice period
  • Acceptance: Continued use of services after the notice period constitutes acceptance of new pricing
  • Cancellation Option: You may cancel services if you do not accept price changes, subject to Section 6

5. Payment Terms

5.1 Accepted Payment Methods

We accept the following payment methods for GCC customers:

  • Credit Cards: Visa, Mastercard, American Express (processed via secure payment gateway)
  • Bank Transfer: Direct bank transfer to our designated account (details provided on invoice)
  • Purchase Order (PO): Available for qualified enterprise customers with approved credit terms
  • Wire Transfer: International wire transfers accepted for larger contracts

5.2 Billing Cycles and Payment Due Dates

  • Monthly Subscriptions: Billed in advance on the same date each month; payment due upon invoice
  • Annual Subscriptions: Billed in advance annually; payment due within 30 days of invoice date
  • Usage-Based Charges: Billed monthly in arrears based on actual consumption; due within 30 days
  • Custom Billing: Enterprise customers may negotiate alternative billing terms in writing

5.3 Automatic Renewals

Subscriptions automatically renew at the end of each term unless cancelled:

  • Monthly subscriptions renew for successive one-month periods
  • Annual subscriptions renew for successive one-year periods
  • Renewal pricing may differ from initial term pricing (see Section 4.4)
  • You will receive renewal notice at least 30 days before renewal date

5.4 Late Payments and Collections

Payment is due by the date specified on your invoice:

  • Grace Period: 7-day grace period before service suspension
  • Late Payment Fees: Late payments may incur interest at 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower
  • Service Suspension: Services may be suspended after 7 days of non-payment
  • Termination: We may terminate your account after 30 days of non-payment
  • Reactivation Fee: A reactivation fee may apply to restore suspended services
  • Collection Costs: You are responsible for reasonable collection costs, including legal fees

5.5 Taxes and Duties

All prices exclude applicable taxes, duties, and governmental fees:

  • Saudi Arabia: Value Added Tax (VAT) at 15% applies to services provided to Saudi-based customers
  • United Arab Emirates: VAT at 5% applies to UAE-based customers
  • Other GCC Countries: Applicable VAT, GST, or similar consumption taxes as required by law
  • Withholding Tax: If you are required to withhold taxes on payments, you will gross up the payment so we receive the full invoiced amount
  • Tax Exemptions: Provide valid tax exemption certificates before invoice generation

5.6 Disputed Charges

If you dispute any charges, you must notify us in writing within 30 days of the invoice date. Undisputed amounts remain payable. We will investigate and respond within 15 business days.

6. Refund and Cancellation Policy

6.1 Cancellation

You may cancel your subscription at any time:

  • Monthly subscriptions: Cancel anytime; service continues until the end of the current billing period
  • Annual subscriptions: Cancel anytime; no refund for remaining months unless otherwise agreed

6.2 Refunds

Refund eligibility:

  • 30-day money-back guarantee: Available for first-time annual subscriptions if requested within 30 days
  • Pro-rata refunds: Not available for monthly subscriptions
  • Service failures: Refunds or credits may be issued at our discretion for significant service disruptions

6.3 Account Termination by Us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Fail to pay amounts due
  • Engage in fraudulent or illegal activities
  • Misuse our services or infrastructure

7. Service Level Agreement (SLA)

7.1 Uptime Commitment

We strive for 99.9% uptime for our backup services, excluding planned maintenance and circumstances beyond our control.

7.2 Backup and Recovery

  • Backup frequency as configured in your service plan
  • Recovery time objective (RTO): typically within 2 hours for critical data
  • Recovery point objective (RPO): based on your backup schedule

7.3 Support

Support levels vary by plan:

  • Standard: Email support, 24-48 hour response time
  • Premium: Priority email and phone support, 4-8 hour response time
  • Enterprise: 24/7 priority support, 1-2 hour response time, dedicated account manager

8. Data Security and Privacy

8.1 Data Protection

We implement industry-standard security measures to protect your data, including:

  • AES-256 encryption at rest
  • TLS 1.3 encryption in transit
  • Multi-factor authentication
  • Regular security audits and penetration testing
  • Compliance with GDPR, UAE PDPL, and Saudi PDPL

8.2 Your Responsibilities

You are responsible for:

  • Maintaining the security of your account credentials
  • Ensuring your source data is properly configured for backup
  • Testing restoration procedures periodically
  • Complying with applicable data protection laws

8.3 Data Retention

Upon termination:

  • Your data remains accessible for 30 days for retrieval
  • After 30 days, data is permanently deleted unless otherwise agreed
  • You may request early deletion or extended retention (additional fees apply)

9. Acceptable Use Policy

You agree NOT to use our services to:

  • Violate any laws or regulations
  • Store or transmit malicious code, viruses, or harmful content
  • Infringe on intellectual property rights
  • Store illegal, defamatory, or obscene content
  • Interfere with or disrupt our services or infrastructure
  • Attempt unauthorized access to our systems
  • Resell or redistribute our services without authorization

10. Intellectual Property

10.1 Our Rights

All content, trademarks, logos, and technology used in our services remain our property or that of our licensors (including Acronis). You are granted a limited, non-exclusive, non-transferable license to use our services.

10.2 Your Data

You retain all rights to your data. By using our services, you grant us a limited license to store, process, and transmit your data solely to provide the services.

10.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without compensation or attribution.

11. Warranties and Disclaimers

11.1 Service Warranty

We warrant that our services will perform substantially as described. If services do not meet this warranty, your sole remedy is service credit or, at our option, termination and refund of prepaid fees.

11.2 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

  • Services will be uninterrupted, error-free, or completely secure
  • Results will meet your specific requirements
  • All data corruption or loss will be prevented

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Liability Cap

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

12.3 Exceptions

Nothing in these Terms excludes or limits liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded under applicable law

13. Indemnification

You agree to indemnify and hold harmless BetterCloudz, its affiliates, and partners (including Acronis) from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your violation of these Terms
  • Your use or misuse of our services
  • Your violation of any laws or third-party rights
  • Your data or content

14. Governing Law and Dispute Resolution

14.1 Governing Law

For Saudi Arabia-based Customers:

These Terms and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, including:

  • Saudi Commercial Law
  • Saudi E-Commerce Law
  • Saudi Personal Data Protection Law (PDPL)
  • Regulations of the Communications and Information Technology Commission (CITC)

For Other GCC Customers:

These Terms shall be governed by the laws of the United Arab Emirates (Dubai International Financial Centre - DIFC) without regard to conflict of law principles.

14.2 Jurisdiction and Venue

Saudi Arabia Customers: Any disputes shall be subject to the exclusive jurisdiction of the competent courts in Riyadh, Kingdom of Saudi Arabia.

Other GCC Customers: Disputes shall be subject to the exclusive jurisdiction of the DIFC Courts, Dubai, United Arab Emirates.

14.3 Informal Dispute Resolution

Before initiating formal legal proceedings, both parties agree to attempt good faith resolution of disputes:

  • Contact our legal team at [email protected] with details of the dispute
  • Allow 30 days for informal negotiation and resolution attempts
  • Escalate to senior management if initial attempts are unsuccessful

14.4 Alternative Dispute Resolution (Optional)

By mutual written agreement, parties may elect to resolve disputes through:

  • Mediation: Non-binding mediation before an agreed mediator
  • Arbitration: Binding arbitration under the rules of a recognized arbitration center (e.g., Saudi Center for Commercial Arbitration, DIAC)

14.5 Language

These Terms are drafted in English. Any Arabic translation is provided for convenience only. In the event of conflict between English and Arabic versions, the English version shall prevail, except where Saudi law requires Arabic to govern.

14.6 Limitation Period

Claims related to these Terms must be brought within one (1) year from the date the cause of action arose, or within the maximum period permitted by applicable law, whichever is shorter.

15. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via:

  • Email to your registered address
  • Notice on our website
  • In-app notification

Continued use after changes constitutes acceptance. If you disagree, you may terminate your account.

16. General Provisions

16.1 Entire Agreement

These Terms, together with:

  • Our Privacy Policy
  • Service Level Agreement (SLA)
  • Order forms and service agreements
  • Any written amendments or addenda

constitute the entire agreement between you and BetterCloudz regarding the services, superseding all prior agreements, proposals, and communications.

16.2 Order of Precedence

In the event of conflict between documents:

  1. Executed written service agreement or order form
  2. Service Level Agreement (SLA)
  3. These Terms of Service
  4. Privacy Policy

16.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16.4 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or future enforcement. Any waiver must be in writing and signed by an authorized representative of BetterCloudz.

16.5 Assignment and Transfer

  • Customer: You may not assign, transfer, or delegate these Terms or your rights and obligations without our prior written consent. Any attempted assignment in violation of this provision is void.
  • Provider: We may assign these Terms without restriction, including to affiliates, subsidiaries, or in connection with a merger, acquisition, corporate reorganization, or sale of assets. We will notify you of material assignments.

16.6 Force Majeure

Neither party shall be liable for delays or failures in performance due to events beyond their reasonable control, including but not limited to:

  • Natural disasters (earthquakes, floods, storms)
  • Acts of war, terrorism, or civil unrest
  • Pandemics or public health emergencies
  • Government actions, laws, or regulations
  • Internet backbone failures or cloud infrastructure outages
  • Telecommunications or utility failures
  • Labor disputes or strikes

The affected party must notify the other party promptly and make reasonable efforts to mitigate the impact. If a force majeure event continues for more than 30 days, either party may terminate the agreement upon written notice.

16.7 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship.

16.8 Third-Party Beneficiaries

These Terms are for the benefit of the parties only. Acronis International GmbH and our affiliates are intended third-party beneficiaries with respect to intellectual property and limitation of liability provisions. No other third parties have any rights under these Terms.

16.9 Notices

All notices under these Terms must be in writing and delivered to:

  • Email: To the email address associated with your account or [email protected]
  • Effective Date: Notices are effective upon delivery
  • Language: Notices may be provided in English or Arabic

16.10 Export Compliance

You agree to comply with all applicable export control laws and regulations. You will not use or export our services in violation of export laws of Saudi Arabia, the United States, or any other applicable jurisdiction.

16.11 Survival

Provisions that by their nature should survive termination will survive, including: payment obligations, intellectual property rights, warranties, limitations of liability, indemnification, governing law, and dispute resolution.

17. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us:

BetterCloudz (السحابة الأفضل)
Authorized Acronis Partner

Legal and Contract Inquiries:
Email: [email protected]

Sales and Business Inquiries:
Email: [email protected]

Technical Support:
Email: [email protected]

Website: bettercloudz.com