Terms of Service Agreement

Customer agrees and understands that:

  1. Cobalt Iron (CI) does not sell its software. CI provides its software under a subscription usage-based model. Customers are extended a non-exclusive, non-transferable, revocable right to use such software during the Term. Customers may not license, sell, rent, lease, transfer, assign, distribute, display, host, or otherwise commercially exploit the software. Such software is proprietary to CI, contains CI trade secrets, and is copyrighted and patented.
  2. Any upgrade to the software or replacement software is the same as the software that it upgrades or replaces, and no new rights are granted. Upgrades or replacement software are provided solely at CI’s discretion.
  3. No party: (a) copy, modify, disassemble, decompile, or reverse engineer software; and (b) use, distribute or otherwise dispose of such software, except as expressly permitted under this Agreement. CI reserves all rights, title and interest in and to software expressly granted by CI under this agreement.
  4. Subject to the terms of this Agreement, CI grants Customer the right to (a) use, install, and operate the software, in (a)use, install, and operate a copy of the software, in executable code format only, (b) make a single copy of the software for backup purposes, and (c) make a reasonable number of copies of software documentation to support its internal use of the software.
  5. No party has the right to publish any performance benchmark results of the software. Customers agree to follow the operating procedures published by CI.
  6. Customer will maintain sufficient technical personnel having the knowledge and skills necessary to operate the software. Customers will independently exercise and maintain data restoration skills and procedures according to their needs, including those required for disaster and/or cyber recovery events.
  7. Customers are responsible for setting backup and retention policies and operating the software in accordance thereto including the determination of who accesses software.
  8. Customers are responsible for all deletions and decommissioning of its data stored on software.
  9. Should Customers exceed the subscription usage limits as set out in purchase orders, Customer will be billed for additional capacity as set forth in those purchase orders. Customers may not do anything that circumvents any usage or access limits on the use of the software.
  10. CI does not guarantee that the use of the software will meet Customer’s requirements or expectations, that use of the software will be uninterrupted, timely, secure, free from error, or that all errors will be corrected. CI’s warranty is set out on:  com/cobalt-iron-limited-software-warranty-policy/
  11. At the end of the term, Customers agree to cease using the software and will follow CI’s processes on uninstalling the software. At CI’s option, Customer may be required to have an officer certify that your organization has permanently deleted, destroyed, or returned to CI the software and the documentation and all copies thereof.
  12. Once the Term has ended, Customers can no longer use the software to access or store backup data. Additionally, Customers are solely responsible for retrieving any required archive or backup data in advance of the ending of the Term. CI will initiate decommissioning the Accelerator within 7 days of the end of the Term at which point the software will no longer be capable of retrieving any stored data.
  13. CI software uses cookies. One cookie verifies login information, and a second cookie verifies receipt of messages. CI software also stores the profile information that Customers enter. Profile information includes identification relating Customers to system backups and is not shared outside of the organization. Customer administrators may opt to receive email reports about the organization’s system backup statistics.