Loozend Terms of Service

June 01, 2019

Loozend provides the service of information preservation (the Service). The purpose of this service is to be able to recover any file that has ever been stored in the internal disks of an up-to-date Windows based PC, regardless of the folder where the file was stored, the nature or size of the file, the length of time it had been kept or when it was saved.

Obligations of the Service Provider

The person Responsible for the Treatment of information assumes all obligations set out by Regulation (EU) 769/2016 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons’ information and the free circulation of this information (hereinafter, General Data Protection Regulation or GDPR), the Organic Law on Personal Data Protection and other applicable regulations and normative developments; as well as the obligations derived from this service agreement, in particular those included in the Stipulations about the Treatment of Personal Information.

Information Ownership and Responsibilities

Loozend does not verify nor does it control the information contained in the files or directories that are backed up on behalf of its customers; in fact, one of the goals is to avoid access to backed up content and even to the names of folders and files, unless the customer specifically requests it and only for the purpose of maintenance or support. As part of the service provided, our software may access and show previews of the customer’s information, but Loozend does not monitor nor does it copy the items showed by the Service.

You should bear in mind that any user who correctly writes or provides the combination of e-mail address and password will mean for us that you are the user. This information should therefore be properly protected.

Age

You must be 16 years old to create a customer account.

Applicable Law and Jurisdiction

We provide our service from the EU (Spain) and we make every effort to comply with the requirements of the GDPR. The sole personal information we keep on our customers is an e-mail address used for two specific purposes:

  1. Communications related to our service.
  2. To give customers access to the service.

Loozend may share this information with some of its suppliers, when it is essential for the appropriate provision of our service. Loozend does not verify the accuracy or authenticity of the name provided by the customer. Loozend does not exchange this information with third parties. The Service is provided under the laws of the Kingdom of Spain, and these are the applicable laws.

Unless customers oppose the applicable law, they accept not to submit any claims that may arise under the Terms of this agreement; also, they shall not seek to coordinate with or to consolidate any arbitration nor any other procedures.

Duration

By default, this agreement has an indefinite duration, and, in any case, the same duration of the relationship derived from the agreement.

Guarantees and Liability Limitations

Loozend has developed the software and the service it provides using the highest skill levels and with the utmost care. Our goal is to provide the opportunity to recover any lost or deleted file that has ever been in your disk at any time and, to that end, we do reasonably exhaustive tests. However, Loozend cannot promise the reliability, availability or suitability of the Service in order to fulfill customers’ needs.

Loozend provides the Service “as it is” and, to the extent permitted by law, Loozend excludes all guarantees and limits its liability to the amount the customer paid for using the Service during the last year, including implicit guarantees.

If you are using the service as a private customer and for personal purposes, and if in your country you have any other rights, nothing in the terms of this agreement limits the legal rights of users that cannot be waived by contract.

In case you use a Company Service, in full or in part, it is understood that the legal entity (ies) accepts these Terms jointly with the customer. In any case, both, or the customer, shall exonerate Loozend from any liability, claim, lawsuit or legal action that may arise from or be related to the use of the Service or the violation of the terms of this agreement, including any liability or expense derived from claims, losses, damages, court actions, litigation costs and attorneys’ fees. They will also exonerate from all the previously stated instances not only Loozend but also all its affiliates, civil servants, dealers, agents and employees.

To the extent permitted by law, Loozend shall not be liable for any loss of profit, income or interests, data, usage or sales, either directly or indirectly; Loozend shall not be liable either for any special, consequential, exemplary or punitive damages; and, in any case, Loozend shall not be liable for any damages or losses which are not reasonably predictable.

Deletion of Information and Account Cancellation

Customers may cancel their account by logging in and selecting the desired option. This implies the irreversible destruction of all information belonging to the account. Please bear in mind that this is the only manner through which you may request Loozend to eliminate your information, given the fact that the Service has been specifically designed to avoid any possibility of deletion, either intentionally or by mistake, of any selected or specific folders, which are or have ever been in your Drives during the provision of our service. It is a case of all or nothing.

Loozend may terminate this agreement, if we deem that you are violating its terms, or harming Loozend or other customers, or in the case of non-payment after a reasonable lapse of time.

Loozend may interrupt the Service, either fully or partially, due to certain given circumstances that may arise and force us to believe that it is better to stop or comply with mandatory legal requirements that are currently unknown.

Changes to this Agreement

From time to time, Loozend may make changes to this agreement. We will not notify you of changes, unless they are highly significant. You should therefore periodically review the terms of this agreement.

Loozend, SL, of Spain, CIF B86893427, address: Avenida de Fuencarral, 44, Edificio 3, Loft 19, 28108 Alcobendas, Spain, info@loozend.com