Vembu Home- Easy, Secure and Dependable Backup Service

Terms And Usage
Refund Policy

TERMS OF USE

1. Services:

Vembu Home Services ("the Services") allows you to back-up your Data on your own computer / external-disk / mapped-drives and also to avail of an online back-up service for your Data on Amazon Web Services' storage infrastructure - Amazon Cloud. The Services include the Vembu Home Client software; the data back-up services; the website - http://home.vembu.com ("the Website") and all features, tools, software, documentation, products and services provided through the Website. The different Service parameters available for subscription and the specific terms for the same (including storage limit, term, payment terms etc.) are set forth in the description of the Services available on the Website, http://home.vembu.com/pricing.php, and are deemed part of the Agreement. On registration you will select the Services you want to subscribe to. Any change of these Services will require you to accept the terms and conditions prescribed for such change.

2. Service Provider:

Vembu Technologies Pvt. Ltd. ("Service Provider")

3. Service Recipient:

You, an individual (a real person as opposed to a juristic person like a company, firm, etc.) with the legal capacity and authority to enter into a binding agreement ("you").

4. Agreement:

These Terms of Use together with the Privacy Policy and other notices on the Website http://home.vembu.com (collectively "the Agreement") constitutes a legal and binding agreement between yourself and the Service Provider. The Agreement becomes effective on your registration and / or subscription to the Services. Each time you visit the Website, register with the Website, download any software from the Website, use the Services to encrypt or back-up your Data, view the status of your Data, store or restore your Data, access any of your Data or make any request of the Service Provider you are using the Website. Each time you use the Services, you affirm your acceptance of the Agreement and agree to comply with the Agreement in its entirety. If the terms and conditions of the Agreement or any part thereof is not acceptable to you, do not register on the Website or use any of the Services.

5. Amendment:

The Service Provider reserves the right to amend the Agreement at any time in its sole discretion, without prior notice to you. The amended Agreement will be effective on the amendments being posted on our Website http://home.vembu.com . You are therefore advised to verify the Agreement as available on the Website regularly. By continuing to use or receive the Services after the effective date of any modifications to the Agreement, you agree to be bound by the modified Agreement. If you do not agree to be bound by any of the amended terms of the Agreement at any time, your sole and exclusive remedy is to discontinue using the Services and to receive a pro-rata refund (as determined by the Service Provider in its sole discretion) of monies received by the Service Provider from you.

6. Registration:

To use the Services, you will be required to register on the Website and create an account. In creating an account on the Website, you agree to provide accurate, current and complete information as sought by the Service Provider and to keep all such information current, complete and accurate at all times during the term of this Agreement. All such information shall be maintained by the Service Provider in accordance with these Terms of Use and the Privacy Policy. You shall be solely responsible for safeguarding the security and confidentiality of the user name and password for your account. If you lose your password, you will not be able to access your Data. You shall be solely responsible for all actions initiated using your user name and password. If you become aware of any unauthorized use of your user name or password, you may notify the Service Provider of the same by e-mail addressed to home-support@vembu.com with the title "Unauthorised Use of User Name / Password". The Service Provider will not be liable for any loss or damage arising from your failure to comply with this clause.

7. License:

On your registration with the Website and selection of the type of Services you would like to subscribe to, the Service Provider grants you, for the term of this Agreement, a non-exclusive, personal, non-transferable, limited and revocable license to access and use the Services you have subscribed to and / or paid for, for your personal purposes in accordance with the terms and conditions of the Agreement. The Service Provider reserves all rights that are not specifically granted to you herein.

To access and use the Services, the Service Provider will make available to you, for your installation, copying or use in connection with the Services certain software and documentation (‘Vembu Home Client’). Subject to your acceptance of the terms of the license for Vembu Home Client, the Service Provider grants to you a limited, non-exclusive, non-transferable, non-sub-licensable license during the term of this Agreement to install, copy and use Vembu Home Client on computer/s owned or controlled by you solely in connection with and as necessary for your use of the Services and subject always to the terms and conditions of this Agreement. By installing, copying or using Vembu Home Client you agree not to, and not to attempt to, modify, alter, tamper with or otherwise create derivative works of Vembu Home Client or any part thereof in any manner whatsoever. You also agree that you will not, nor will you attempt to, reverse engineer, disassemble or decompile the Vembu Home Client or the Services or apply any other process or procedure to derive the source code of any software included in or accessed as part of the Services.

The Services may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a) the title to any third party software incorporated in the Services shall remain with the third party which supplied the same; and (b) you will not distribute any such third party software, in any manner, unless the license of the third party software states otherwise.

Vembu Home Client also consists of certain third party software components that are open-source products and as such are governed by their respective open-source software license agreements. For a list of such open-source software components included in Vembu Home Client and their respective license terms, see below. The Service Provider is not affiliated with nor endorsed by any of the said open-source software providers and the Service Provider makes no claim of ownership of the said open-source software and supplies them to you solely in accordance with the license agreements accompanying same. Accordingly, the license and restrictions concerning Vembu Home Client do not apply to the said open-source software.

List of open-source software incorporated in Vembu Home Client and their respective license agreements:

Apache Version 2.0.59 developed by The Apache Software Foundation (http://www.apache.org/) . For license details, please see the file at <VEMBU_AGENT_DIR>/apache/LICENSE.txt
PHP Version 5.2.9 developed by The PHP Group (http://www.php.net). For license details please see the file at <VEMBU_AGENT_DIR>/php/LICENSE.txt
GD 2.0.33 software used "AS IS" available at <VEMBU_AGENT_DIR>/gd/COPYING
librsync version 0.9.7. For license details please see the file at <VEMBU_AGENT_DIR>/lib/COPYING.txt
openssl version 0.9.8e developed by OpenSSL Project. For license details, please see the file at <VEMBU_AGENT_DIR>/lib/openssl/LICENSE.
zlib version 1.2.2 freely available from http://www.zlib.org or http://www.gzip.org/zlib/.
curl 7.16.0(http://curl.haxx.se/) used "AS IS". For license details please see the file at <VEMBU_AGENT_DIR>/lib/libcurl/COPYING.
unixODBC 2.2.15pre (http://www.unixodbc.org/), used only in StoreGrid Linux versions. For license details please see the file at <VEMBU_AGENT_DIR>/lib/unixODBC/COPYING.
libodbc++ 0.2.3 (http://libodbcxx.sourceforge.net/). For license details please see the file at /lib/libodbc++/COPYING.
Info-ZIP - Zip 3.00 (http://www.info-zip.org/). For license details please see the file at /lib/infozip/LICENSE.
crypto library. For license details please see file at <VEMBU_AGENT_DIR>/VConsole/com/hurlant/license.txt
effects. For license details please see at <VEMBU_AGENT_DIR>/VConsole/effects/license.txt
Mongoose version 2.7 for license details please see the file at <VEMBU_AGENT_DIR>/lib/mongoose/LICENSE.txt
This product includes Flex Gauge Component. For license details please see the file at <VEMBU_AGENT_DIR>/VConsole/com/brightPoint/license.txt

8. Conditions of Use:

In consideration of the rights granted to you by the Agreement, you hereby agree and covenant as follows:

That you will use the Services only for your personal and non-commercial purposes for backing-up your Data and other purposes as specifically permitted by the Service Provider from time to time;
That you will use the Services only in accordance with the Agreement;
That you will not use the Service to back-up, restore or otherwise maintain or transmit any files, data, images, videos or programs (collectively, "your Data") that contains any illegal or unlawful content; that is harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable; that contains any material could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; that violates the intellectual property rights of any third party or that contains any viruses, worms, Trojans or any other malicious code, data or material with destructive / contaminating features;
That in your use of the Services, you will ensure compliance with all applicable laws, rules or regulations including those of the country in which you reside and / or you access the Services from and including all applicable laws relating to the export or re-export of your Data;
That you will not access or attempt to access any files, data, images, videos or programs which you are not authorized to use or access;
That you will not use the Services for any use that may disrupt or negatively affects the Services or the networks through which you access and use the Services;
That you will not use the Services for publishing, communicating to the public or disseminating your Data to any third party;
That you will access / use the Services only through the interfaces and protocols provided or authorized by the Service Provider; and
That you will not circumvent or circumvent any limitations or security features included by the Service Provider in the use of the Services.

If the Service Provider suspects that you are in violation of any of the above covenants, the Service Provider reserves the right to examine the content of your Data. On such examination, if the Service Provider finds any such violation (in its sole discretion), the Service Provider reserves the right to discontinue the provision of the Services and / or refuse, remove or disable access to any of your Data stored online on the servers arranged for by the Service Provider, with immediate effect.

9. Limitation of Services:

You hereby agree and accept the Services are subject to the following limitations:

To use the Services, you will be required to arrange for all computer and telecommunications equipment, software and services for access to the internet at your own cost and the Service Provider shall not be responsible for the same in any manner whatsoever.
The transmission, storage and / or retrieval of your Data through the internet is subject to a variety of factors beyond the reasonable control of the Service Provider that make such transmission, storage and / or retrieval potentially unreliable. Accordingly your use of the Services is at your own risk.
You shall be solely responsible for protecting the information on your computer systems including but not limited to installing appropriate anti-virus software, updating your applications, password protecting your computer etc. The Service Provider will make commercially reasonable efforts to keep your Data secure but given the nature of the internet, cannot guarantee that it will be successful at doing so. You therefore acknowledge that you bear sole responsibility for adequate security, protection and back-up of your Data and the Service Provider will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your Data.
You understand that for reliable back-up, your cooperation and vigilance is of utmost importance and that you are expected to verify the logs and the reports of the back-up of your Data periodically to ensure that they are successful and take necessary corrective action if there are errors. The Service Provider shall not be liable for your failure to do so.
The online back-up Services provided by the Service Provider is powered by Amazon Web Services" Cloud Computing infrastructure and the use of this infrastructure provided by Amazon Web Services for the Service Provider's online back-up Services shall be subject not only to the terms of this Agreement but also by Amazon Web Services license terms available at http://aws.amazon.com/agreement/. The Service Provider will have no liability to you or any third party for any interruption, unavailability or termination of the said services by Amazon and for any consequent disruption, unavailability or termination of the Services by the Service Provider.
For the your Data that is backed-up online using the Services to be available / accessible, you understand that you are required to mark files for back-up; store them in a location in your computer at a location that is marked for back-up; make the locations on your computer marked for back-up available for access by the Service Provider and allow your computer to access the Services. The Service Provider shall not be liable for your failure to do so.
The Service Provider does not maintain a secondary copy of your Data that you have backed-up on the servers provided by the Service Provider. Should the Service Provider lose your Data, the Service Provider will undertake commercially reasonable efforts to create a replacement back-up from the files stored on your computer. This is the sole remedy you have against the Service Provider for any such loss of your Data.
You understand that if you back-up your Data beyond the permitted free limit (if any), the Service Provider shall be entitled to charge you as per the then existing rate published on the Website.
You may avail of free customer support as may be made available by the Service Provider from time to time, in its sole discretion. Details of the customer support so made available can be found at the public forum on the Website. You shall not be entitled to avail of any other customer support unless you have subscribed to any paid premium customer support services as may be offered by the Service Provider in its sole discretion. Such premium customer support services, if any, shall be subject to the terms and conditions for the same prescribed separately.

10. Change to Services:

The Service Provider reserves the right to modify, discontinue, suspend, prohibit use or terminate the Services as a whole or any part thereof, to you or to all or some subscribers at large, with or without notice to you. Other than a pro-rata refund for any prepaid but unused portion of the Services as determined in the Service Provider's sole discretion, the Service Provider shall not be liable to you or any third party should Service Provider exercise its right to modify, discontinue, suspend, prohibit or terminate the Services or any part thereof.

11. Billing and Payments Arrangements:

You authorize the Service Provider to charge, in advance or otherwise, on a monthly, quarterly or annual basis (as chosen by you), a recurring monthly, quarterly or annual charge to your credit card as provided at the time of your registration with the Website / that you use to pay for the Services as consideration for the paid Services you subscribe to at the rates published by the Service Provider on the Website from time to time. The Service Provider reserves the right to change the rates published on the Website. Any such change shall however be applicable only to prospective subscriptions or for further payments for existing subscriptions that fall due after such revised rates are published on the Website. You will promptly notify the Service Provider of any change in the information relating to your credit card. In the event the Service Provider is unable to charge the amounts due from you to your credit card when the payment falls due, including for any renewal of your subscription, the Service Provider shall be entitled to forthwith terminate this Agreement and your use of the Services.

12. Renewal / Refund:

Unless and until this Agreement is terminated in the manner provided herein, you agree that the Service Provider shall have the right to automatically and without notice renew your subscription to the Services upon expiration of your then-current subscription term for a similar term and that as part of such renewal the Service Provider shall have the right to charge the applicable charges payable for such renewal to your credit card at the then applicable rates for the Services as published on the Website which may be different from the fee you paid earlier to your credit card.

Refund of payments received by the Service Provider are at the sole discretion of the Service Provider and subject to the Service Providers refund policy as published at https://home.vembu.com/tos.php#contentarea from time to time.

13. Monitoring:

You agree to provide information and/or other materials and hereby permit such access to your Data / equipment as reasonably requested / required by the Service Provider to verify your compliance with this Agreement.

14. Retention / Deletion of Your Data:

If your registration or subscription to the Services is terminated or is otherwise discontinued for any reason, the Service Provider may, without notice, delete or deny you access to any of your Data that may remain in their possession or control. Without prejudice to the above and without any liability for failure to do so, the Service Provider will, on termination of this Agreement or if the Services are discontinued for any reason whatsoever, use commercially reasonable efforts to make your Data available for you to restore your Data for a period of thirty (30) days thereafter.

15. DISCLAIMER OF WARRANTIES:

THE SERVICE PROVIDER EXPRESSLY SPECIFIES THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND OTHERWISE THAN AS MAY BE SPECIFICALLY WARRANTED IN THIS THESE TERMS OF USE, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY AND COMPLETENESS. SERVICE PROVIDER MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOUR DATA UPLOADED, DOWNLOADED OR OTHERWISE STORED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION RISK AND COST AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA OR UNAUTHORIZED DISCLOSURE OF DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF SUCH DATA USING THE SERVICES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONSEQUENCES OF ANY USE OF THE SERVICES AND UNDER NO CIRCUMSTANCES SHALL THE SERVICE PROVIDER BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, DELAY, FAILURE, DISRUPTION, DISTURBANCE, INACCURACY, ERRORS, OMISSIONS, DEFECTS OR DEFICIENCIES IN THE SERVICES OR ANY PART THEREOF. YOU ACKNOWLEDGE AND AGREE THAT THE ALLOCATION OF RISK CONTAINED IN THIS CLAUSE HAS BEEN TAKEN INTO ACCOUNT AND IS REFLECTED IN THE FEES CHARGED FOR THE PROVISION OF THE SERVICES BY THE SERVICE PROVIDER. YOU FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THEIR ESSENTIAL PURPOSE.

16. LIMITATION OF LIABILITY:

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE SERVICE PROVIDER WILL NOT UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEY FEES AND COURT COSTS) WHATEVER AND HOWEVER CAUSED, WHETHER ARISING UNDER STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE INCLUDING (WITHOUT LIMITATION) FOR LOSS OF PRODUCTION, LOSS OF OR CORRUPTION TO DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF TIME OR LOSS OF GOODWILL OR ANTICIPATED SAVINGS, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THEIR POSSIBILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES.

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF THE SERVICE PROVIDER AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO THE SERVICE PROVIDER FOR THE SERVICES DURING THE PRECEDING THREE (3) MONTHS. IF THE SERVICES ARE PROVIDED WITHOUT CHARGE, THEN THE SERVICE PROVIDER AND ITS SUPPLIERS ETC. SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.

17. INDEMNITY:

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SERVICE PROVIDER FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS" FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST SERVICE PROVIDER, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICE, OR YOUR UNAUTHORIZED ACCESS OF THE SERVICE.

18. Intellectual Property Rights:

You agree that you have no right, title or interest in the Services or any part thereof except for the limited license to use the Services on and subject to the terms set forth in the Agreement. The Service Provider reserves all rights that are not specifically granted to you herein.

You confirm that you have read and understood the trademark and copyright notices on the Website and agree that this Agreement does not grant you any right, title or interest in any of the said marks or copyrighted material available on the Website. You also agree not to remove or attempt to alter any copyright, trademark or other proprietary notices from any part of the Services including the Website and Vembu Home Client or its copies.

19. Term, Termination and Consequences:

This Agreement shall remain effective until terminated. Either you or the Service Provider may terminate this Agreement by giving prior written notice of thirty (30) days to the other. The Service Provider may forthwith terminate this Agreement (without notice) in the event that you fail to comply with any provision of this Agreement Upon termination of this Agreement, your right to access and/or use the Services immediately ceases and the Software installed on your computer systems may be disabled.

20. Notices:

All notices to the Service Provider shall be in writing and shall be made either via email to help@vembu.com or via postal mail to Office IIA, Kaashyap Enclave, 209 Velachery Main Road, Velachery, Chennai - 600042, India and shall be effective only upon Service Provider's actual receipt of such notice. All notices to you shall be made via email or postal mail to the address you provide at the time of your registration and shall be effective one (1) day after sending (if by electronic means) and ten (10) days after sending if by (postal mail).

21. Governing Law and Jurisdiction:

This Agreement, its validity, its interpretation and performance shall be governed by the laws of India without regard of any conflict of law principle or rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that any dispute between the parties hereto arising out of or in connection with this Agreement (including any question regarding its validity or termination) shall be submitted exclusively to the competent courts located at Chennai, India to the exclusion of any other court that may have jurisdiction in the matter.

22. Miscellaneous:

If any term or provision of this Agreement shall be declared invalid by a court of competent jurisdiction, then such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and the remainder of this Agreement shall remain in full force and effect, according to its terms. The failure of the Service Provider to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. Clause headings are for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such section. Your right to use the Services is personal to you and you shall not assign any of your rights, obligations or interest in this Agreement or your registration with the Website to any third party. The Service Provider may freely assign its rights and obligations hereunder. Should there be any conflict in terms between these Terms of Use and any other part of this Agreement, the terms and conditions set forth in these Terms of Use Agreement shall prevail. This Agreement (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between the Service Provider and you regarding the Services and supersedes all prior agreements regarding the subject matters hereof.

REFUND POLICY

We encourage you to try before you buy, and have made free, full feature trials of all our products available to all customers.

In fact, we insist that you try Vembu Service first and experience its many features and fantastic performance first-hand - before making a purchase!

If your trial period runs out before your evaluation is complete, we'll even extend your trial. Just let us know.

As you can imagine, with our liberal trial programs, we get very very few refund requests. However, if for some reason, you ask for a refund, we'll still give it to you. There are a couple of points you need to know in this context, though:

If you do ask for a refund, you need to ask within 60 days of buying the product. What happens if you ask after 60 days? Chances are we'll still issue the refund though we are not obliged to!
Please note that our payment gateway may not refund us transaction commissions. When you buy something online from us, they (separately) charge us a percentage of your transacted amount. Hence, any refunds you may receive will be 'net of transaction commissions' that may have been charged by our payment gateway - simply because those costs have already been (separately) charged to us.
Please try and ask nicely! It simply makes everyone's day better.

Of course, standard disclaimers apply, and we reserve the right to change our refund policy as we deem appropriate. Legalese aside, we're pretty straight forward and very easy to work with! Find out for yourself.