Last updated: September 2025
These Syncro Cloud Backup Product Terms of Use (“Terms of Use”) form a legal agreement between Servably, Inc. (for purposes of these Terms of Use, “Syncro,” “we,” “our,” or “us”) and you (“you” or “your”), and govern your use of the Syncro Cloud Backup services (collectively referred to herein as the “Services”). By using the Services provided to you, including as made available through our website(s) (the “Site”), you agree to be bound by the User Access and License Agreement entered into by you and Syncro (including any Subscription Plan or Order Form entered into in accordance with the User Access and License Agreement), as well as these Terms of Use, which are subject to and hereby incorporated into the User Access and License Agreement (collectively, the “Agreement”). Capitalized terms not defined in these Terms of Use have the meaning given to them in the Agreement.
If you do not agree to these Terms of Use, you may not access or use the Services. Syncro reserves the right to modify these Terms of Use at any time. We reserve the right to change or modify these Terms of Use at any time and in our sole discretion. We will provide notice of any such changes to you by posting such notice on the Site or Service (including the effective date of the updated version) and notifying you through the Service upon your next login to the Service. Your continued use of this Service following the date of the notification of the changes to the Agreement will constitute your acceptance of such changes.
Services; Third-Party Services.
- Access to the Services. These Terms of Use supplement the User Access and License Agreement to govern your and your Authorized Users’ use of the Services. Subject to the terms and conditions of the Agreement, Syncro grants to you a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable, revocable right and license to access and use the Services solely in connection with your internal business purposes, during the Term (as defined in the Agreement).
- Third-Party Services. The term “Third-Party Service(s)” means the third-party website or web-based application or service (such as, for example, Microsoft 365 or Google Workspace) with which the Service interacts. The Services are designed to assist with backing up data and other User Content (as defined below) of individual users and in connection with certain other enterprise-wide uses (such as document management and collaboration solutions like SharePoint) associated with an existing Third-Party Service. You are responsible for acquiring, setting up, and maintaining any Third-Party Service and obtaining any necessary consents, licenses, and cooperation from such Third-Party Service to allow Syncro to integrate with such Third-Party Service and to use and store in the Service any User Content. Syncro makes no representations or warranties and shall have no liability or obligation whatsoever in relation to the operation, content, or use of any Third-Party Service or with respect to such Third-Party Service’s use or security with respect to your data or User Content. You are responsible for complying with the applicable terms of service for any Third-Party Service.
Rights and Responsibilities Regarding User Content and Use of the Services.
- License to Content. On behalf of you and your Authorized Users you (i) represent and warrant that you and your Authorized Users have sufficient rights and all required third party consents, permissions or licenses in and to all information, data, text, communications, software, graphics, or other materials that you provide, upload, input, submit, transmit, store, or otherwise provided in connection with the Services (your “User Content”) as may be necessary and appropriate for use to provide the Services to you; and (ii) hereby authorize us to access and interact with your User Content as necessary to provide the Services to you; and (iii) hereby grant to us a limited, royalty-free, non-exclusive, assignable license to copy, reformat, disclose, transmit, scan, display and otherwise use the User Content as necessary or desired, in each case solely for the purposes of providing the Services, comply with Applicable Law, or as otherwise necessary for us to exercise our rights under these Terms of Use. You and/or the applicable Authorized User are responsible for the accuracy, quality and legality of the User Content, and the means by which rights to the User Content for use with the Services were acquired.
- Restrictions on Use of the Services. Without limiting the Restrictions on Use included in the User Access and License Agreement, you agree that when accessing the Services, you and your Authorized Users shall not: (a) impersonate another person or otherwise misrepresent your affiliation with or authorization to act on behalf of any person or entity, including Syncro; (b) attempt to undermine or circumvent the security or integrity of the Services; (c) use, or misuse, the Services in any way which may impair the functionality of the Services or impair the ability of any other Syncro customer to use the Services; (d) attempt to view, access, or copy any material or data other than that which your or your Authorized Users are authorized to access; or (e) use the Services, or transmit, input, or store any data, in a manner that breaches any third party right (including intellectual property rights or privacy rights) or is objectionable, defamatory, obscene, harassing, threatening, incorrect, misleading, or otherwise unlawful in any way.
- Syncro’s Use of Content. Except for the limited license granted hereunder, you and your Authorized Users (as applicable) retain all of your existing rights in and to User Content. We will use and process the User Content as necessary to provide and support the Services, comply with applicable law, or otherwise as permitted under the Agreement, these Terms of Use, or as authorized by you for support.
Storage Requirements and Retention.
- Requirements to Qualify for Unlimited Storage. Unless otherwise agreed in your Subscription Plan or Order Form, to qualify for and maintain “unlimited storage” with the Services, you must add at least 80% of your total Third-Party Service licensed users to the Services. As an example of how Syncro will calculate the total licensed users, with respect to Microsoft 365 as the applicable Third-Party Service, the calculation will include any users whose SharePoint data you intend to back up via the Services as well. The Services are made available to you for comprehensive organizational backup, rather than as a disproportionately large storage solution for a small subset of users or a single data type. The “unlimited storage” offering is predicated on the assumption of a reasonable distribution of data across a substantial portion of your user base.
- Storage Limits for Non-Qualifying Accounts. If you are unable to, or choose not to, add at least 80% of your Third-Party Service licensed users to Services, then your overall account storage will be limited to 100 GB per paid Syncro Cloud Backup user. For example, if you have five (5) paid Syncro Cloud Backup User authorized users, your total backup storage will be capped at 500 GB.
- Export and Deletion of User Content. At any time prior to the termination of your Subscription Plan or Order Form, you may export User Content from the Services via download. An active Subscription Plan or Order Form is required for export. We reserve the right to permanently delete User Content thirty (30) days after termination of a Subscription Plan or Order Form related to the Services governed by these Terms of Use.
Monitoring and Compliance.
Syncro reserves the right to monitor account usage to ensure compliance with these Terms of Use, including your qualification for unlimited storage (or not). In cases where an account is found to be in violation of these Terms of Use or otherwise does not meet the requirements for unlimited storage, Syncro will: (a) notify you of the non-compliance; (b) provide a reasonable time period for you to cure such non-compliance (including increasing your number of Third-Party Service licensed users added to the Services for purposes of qualifying for unlimited storage) with these Terms of Use; and (c) if compliance is not achieved within the specified time period, Syncro may, at its discretion, adjust pricing based on actual storage consumption or suspend your access to the Services, as appropriate. Notwithstanding the foregoing, and without limiting any of Syncro’s other rights under the Agreement, Syncro may, upon written notice to you, immediately suspend your access to and use of the Services if you are in violation of the restrictions set forth in Section A or B of these Terms of Use; provided, Syncro will not delete your User Content during such suspension unless required by law or if such User Content violates Section B(2)(e) of these Terms of Use.
Term and Termination.
- Term. These Terms of Use will continue in full force and effect until the termination or expiration of your subscription period for the Service, as set forth in your applicable Subscription Plan or Order Form (the “Term”).
- Termination by Us. Servably may suspend or terminate our provision of the Services under these Terms of Use at any time without notice to you, for cause as a result of your breach of these Terms of Use or any other term or condition of the Agreement. For example, any unauthorized use of the Service will be deemed a material breach of these Terms of Use and may result in the termination of your access to the Service and these Terms of Use in our discretion.
Limitations of Liability.
For the avoidance of doubt, these Terms of Use shall be subject to the limitations of liability set forth in the User Access and License Agreement.
Questions.
If you have any questions or require clarification regarding the Services or these Terms of Use, please contact us at: help@syncromsp.com.