Applies to: www.ebs2u.com/nodesafe

1. Acceptance of Terms

By using EBS NodeSafe ("Service"), you agree to comply with and be bound by these Terms of Use ("Terms"). If you do not agree, discontinue use immediately.

2. Service Description

EBS NodeSafe is a cloud-based off-site backup service for PCs, powered by UrBackup. It provides tools for:

• Automated backups of files, folders, and system images.

• Recovery of data in cases of accidental deletion, hardware failure, or cyberattacks.

• Monitoring backup status and managing retention policies.

EBS Systems Sdn. Bhd. ("EBS") acts solely as a technology platform provider and does not:

• Own, control, or monitor the content of data backed up by users.

• Guarantee the security, integrity, or recoverability of user data.

• Assume liability for unauthorized access, data loss, or corruption.

3. User Responsibilities

You agree to:

1. Secure Your Account: Use strong passwords and enable two-factor authentication (if available).

2. Comply with Laws: Do not upload illegal, infringing, or malicious content (e.g., copyrighted material without permission).

3. Back Up Your Data: Maintain independent backups of critical files.

4. Protect Personal Data: If storing personal data (e.g., employee records or client information), ensure compliance with Malaysia’s PDPA. EBS will assist with data access or deletion requests upon notification.

4. Limitation of Liability

To the maximum extent permitted by law:

• EBS is not liable for:

  • Data loss, corruption, or unauthorized access caused by third-party systems (e.g., UrBackup or Proxmox VE vulnerabilities, cyberattacks).

  • Service interruptions, technical failures, or force majeure events.

  • Consequential damages (e.g., lost profits or business interruption).

• Maximum Liability Cap: EBS’s total liability shall not exceed the fees paid by you for the Service in the preceding 12 months.

• No Warranty: The Service is provided "as is," without warranties of any kind, including merchantability or fitness for a particular purpose.

• No Guarantee of Data Recovery: While EBS implements backup systems, we do not guarantee data recovery in the event of technical failures, accidental deletions, or cyberattacks.

• User Acknowledgment of Risks: By using EBS NodeSafe, you explicitly acknowledge that cloud backup involves risks (e.g., data loss or cyberattacks) and agree to hold EBS harmless for such risks.

5. Data Security & PDPA Compliance

EBS complies with Malaysia’s Personal Data Protection Act 2010 (PDPA). By using this Service, you consent to:

• Data Collection: We collect personal data (e.g., name, email, and IP address) for account creation and service delivery.

• Security Measures: Backed-up data is encrypted in transit (HTTPS) and at rest (AES-256). Access controls and logging are implemented to prevent unauthorized access.

• User Responsibilities: If storing personal data (e.g., client records), you must ensure compliance with the PDPA. EBS will assist with data access or deletion requests upon notification.

• Breach Notification: In the unlikely event of a data breach affecting your files, EBS will notify you within 30 days and cooperate with authorities as required by law.

6. Third-Party Infrastructure Disclaimer

The Service relies on third-party tools (e.g., UrBackup for backup functionality and Proxmox VE for virtualization). While EBS selects reputable providers, we do not:

• Control their security practices, compliance, or operational reliability.

• Warrant the performance, security, or regulatory adherence of third-party systems.

• Assume liability for vulnerabilities, outages, or breaches in third-party infrastructure.

7. Intellectual Property

EBS owns all rights to the Service’s software, infrastructure, and branding. You may not reverse-engineer, modify, or distribute the Service without prior written consent.

8. Termination

EBS may suspend or terminate your access if:

• You violate these Terms.

• Unauthorized activity is detected on your account.

• You fail to pay applicable fees.

9. Governing Law

These Terms are governed by the laws of Malaysia. Disputes shall be resolved in the courts of Malaysia.

10. Changes to Terms

EBS may update these Terms periodically. Continued use of the Service after such changes constitutes acceptance of the revised Terms.

Service Level Agreement (SLA)

This SLA applies to all EBS NodeSafe customers.

1. Uptime Guarantee

• EBS guarantees a minimum uptime of 99.9% for the EBS NodeSafe platform monthly.

• Service Credits: If uptime falls below 99.9%, you will receive a 10% credit on your next invoice.

2. Support Response Times

• Critical Issues (e.g., backup failures or system outages): Initial response within 1 hour.

• Major Issues (e.g., restore errors or performance degradation): Initial response within 4 hours.

• Minor Issues (e.g., user training or feature requests): Initial response within 1 business day.

3. Resolution Time

• Critical issues will be resolved within 24 hours, where possible.

• Major or minor issues will be resolved within 3–5 business days, depending on complexity.

4. Exclusions

No guarantees apply to issues caused by:

• Third-party software or hardware failures.

• Customer negligence (e.g., weak passwords or unpatched systems).

• Force majeure events (e.g., natural disasters or internet outages).

Implementation Notes

• Link to Privacy Policy: www.ebs2u.com/privacy-policy

• Link to Data Processing Agreement (DPA): www.ebs2u.com/dpa (optional template for enterprise customers)

• Require users to tick a consent checkbox during sign-up:

  "I agree to the processing of my personal data in accordance with EBS’s Privacy Policy and PDPA."