Terms of Service

Last updated: August 6, 2026

These Terms govern your use of EnterProtect. They form an agreement between Enterprotect Inc., a company incorporated in British Columbia with its office at Unit 36, 3033 King George Blvd, Surrey, British Columbia V4P 1B8 ("we", "us"), and the organization that opens an account ("you", "Customer").

By creating an account, signing an Order Form, or using the Service, you accept these Terms. If you are accepting on behalf of an organization, you confirm you have authority to bind it.

1. What we provide

EnterProtect is software for backing up, replicating, recovering and assessing the security of computer systems. The specific products you have are those named in your Order Form or selected in your account.

The following documents form part of these Terms:

• the Acceptable Use Policy, which sets out what the Service may not be used for;
• the Service Level Agreement, which sets out our availability commitment and support;
• the Additional Services Terms, where you buy onboarding, migration, recovery assistance or training;
• the Privacy Policy;
• any Order Form or statement of work signed by both of us.

Where a signed Order Form conflicts with these Terms, the Order Form prevails for what it covers.

2. Accounts and users

You are responsible for your account: for the accuracy of what you tell us, for the security of your credentials, and for what the people you authorize do with it. Each person needs their own account, because an audit trail that cannot tell two people apart is not an audit trail.

Tell us promptly if you believe an account has been compromised. We may require a password reset or suspend access where we believe an account is being misused or is at risk.

3. If you are a managed service provider

Most of our customers resell or operate the Service for organizations of their own. If that is you, this section governs it.

You may create and administer organizations for your customers within your account, and use the Service on their behalf. You remain our customer and remain responsible for the fees, for the conduct of every account under your management, and for holding written authority from each customer to access and protect their systems.

You must have terms with your own customers at least as protective as these, including on acceptable use and on data handling. You may not represent that we have obligations to your customers that we have not agreed with you.

We deal with you, not with your customers. If one of them contacts us directly about their data, we will refer them to you.

4. Your data

4.1 Ownership

Your data is yours. Nothing in these Terms transfers ownership of it to us. That includes the systems, files and mailboxes we protect ("Protected Data"), your account and configuration data, and anything you upload or generate through the Service.

4.2 What we do with it

You grant us the limited right to host, copy, transmit, index and display your data solely to operate the Service for you, to keep it secure, and to comply with law. That right lasts as long as your account does and no longer.

We do not use Protected Data for anything of our own. We do not sell it. We do not mine it for insight. We do not use it to train machine learning models. We do not access its contents except where you ask us to, where it is unavoidable in resolving a fault you have reported, or where the law compels us, and access of that kind is recorded in the audit trail.

4.3 Your responsibilities

You are responsible for having the right to give us the data you send, for the lawfulness of collecting it, and for any consent or notice your own customers or staff require. You are responsible for configuring protection policies, retention and encryption settings that match your obligations. We provide the controls; the choices are yours.

4.4 Retention and deletion

Protected Data is retained according to the retention you configure. Operational records, meaning job history, alerts, scan results and the audit trail, are deleted automatically on the schedule described in our Privacy Policy.

On termination, you have 30 days to export your data. After that we will delete it, and after our backups cycle it will be unrecoverable. Export it before you cancel rather than after.

5. Fees

Fees, units and billing period are set out in your Order Form or in the plan you select. Unless stated otherwise:

• subscriptions renew automatically for successive periods equal to the last;
• fees are payable in advance and are not refundable except where these Terms say so;
• usage above what you have committed to is billed in arrears at the rate in your Order Form;
• fees are exclusive of taxes, which you pay in addition;
• we may change list pricing for a renewal term on 60 days' notice before that term begins.

If an invoice is more than 30 days overdue we may suspend the Service after giving you notice and a reasonable chance to pay. Suspension for non-payment does not delete your data, and the export period in section 4.4 still applies from the date of termination.

6. Trials and free plans

Where we offer a trial or a free plan, it is provided as is, without the Service Level Agreement and without the warranties in section 9. We may change or withdraw it at any time. Data in a trial that ends without conversion is deleted after 30 days.

7. Third party connections

Some features connect to services you already use, such as Microsoft 365. Those connections operate under your agreement with that provider, using credentials or authorizations you grant. We are not responsible for a third party service, its availability, or a change it makes that affects what we can do. You can revoke a connection at any time, and doing so may stop the related feature working.

8. Our intellectual property

We own the Service, the software, and everything we develop that is not specific to you, including improvements suggested by your feedback. These Terms grant you a non-exclusive, non-transferable right to use the Service during your subscription and nothing more. You may not copy, modify, reverse engineer, or create derivative works of the Service, except where that restriction is unenforceable where you are.

You may say publicly that you use EnterProtect. We will not use your name or logo as a reference without your written permission, and you may withdraw it at any time by writing to [email protected].

9. Warranties

We warrant that the Service will perform materially as described in its documentation, and that we will provide it with reasonable skill and care.

We do not warrant that the Service will be uninterrupted or error free. Availability is addressed in the Service Level Agreement, and the credits described there are your sole remedy for failing to meet it.

Backup is not a guarantee of recovery. What can be recovered depends on what was protected, whether the last protection run succeeded, the retention you configured, and what happened to the source. We provide tools to verify your recovery points and we encourage you to use them. We do not warrant that any particular system, file or point in time will be recoverable, and we strongly recommend you test restores rather than assume them.

Vulnerability scanning does not find every vulnerability. It reports what it can detect at the time it runs. A clean scan is not a certification that a system is secure.

Except as stated in this section, the Service is provided without warranty of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows.

10. Indemnities

We will defend you against a third party claim that the Service infringes their intellectual property, and pay damages finally awarded, provided you tell us promptly, let us control the defence, and cooperate. If the Service becomes the subject of such a claim we may modify it, obtain a licence, or terminate the affected part and refund fees paid for the unused period.

You will defend us against a third party claim arising from your data, from your use of the Service in breach of these Terms or the Acceptable Use Policy, or from your relationship with a customer of yours, on the same conditions.

11. Limitation of liability

Neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or goodwill, however caused.

Each party's total liability arising out of or related to this agreement is limited to the fees you paid or owed in the twelve months before the event giving rise to the claim.

These limits do not apply to your obligation to pay fees, to either party's indemnity obligations, to a breach of confidentiality, or to anything that cannot be limited by law, including fraud, wilful misconduct, and personal injury or death caused by negligence.

12. Confidentiality

Each of us may learn confidential information about the other. Each will use it only to perform this agreement, protect it with at least the care it uses for its own confidential information, and disclose it only to people who need it and are bound to keep it confidential. This does not cover information that is public through no fault of the recipient, was already known, is independently developed, or must be disclosed by law, in which case the recipient will give notice where it lawfully can.

13. Term, termination and suspension

This agreement runs while you have an active subscription. Either of us may terminate for material breach if it is not cured within 30 days of written notice. You may cancel a subscription with effect from the end of the current period. We may terminate immediately where required by law or where your use creates an immediate risk to the Service or to another customer.

We may suspend the Service, in whole or in part, where the Acceptable Use Policy has been broken, where an account is compromised, or where an invoice is overdue as described in section 5. We will give notice first where the circumstances allow it.

Sections 4.1, 4.4, 8, 11, 12 and 15 survive termination.

14. Changes

We may change the Service, provided we do not materially reduce its core functionality during a term you have paid for. We may change these Terms on 30 days' notice by email to account holders. If a change materially disadvantages you and you tell us within those 30 days, you may terminate and receive a refund of fees paid for the unused period.

15. Governing law and disputes

This agreement is governed by the laws of the Province of British Columbia and the laws of Canada applicable there, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting proceedings, each of us will try in good faith to resolve the dispute by discussion between people with authority to settle it, for at least 30 days after written notice of the dispute.

If that fails, the courts of British Columbia have exclusive jurisdiction, and both of us submit to them. Either of us may still seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

16. General

Neither of us may assign this agreement without the other's consent, except to a successor of substantially all of its business on notice. Neither is liable for a failure caused by something outside its reasonable control, other than an obligation to pay. If a provision is unenforceable, the rest stands. A failure to enforce a right is not a waiver of it. There is no partnership, joint venture or employment relationship between us. Notices to us go to [email protected] and to the address at the top; notices to you go to the account's registered address. These Terms and the documents listed in section 1 are the entire agreement between us on their subject.