Effective Date: [2026-10-16].
1. Acceptance of Terms; Eligibility
1.1 These Terms of Service (the “Terms”) form a binding agreement between you (“you” or “Customer”) and ARC Dataworks Inc., a corporation incorporated under the laws of the Province of Ontario, Canada (“ARC Dataworks”, “we”, “us” or “our”), and govern your access to and use of the zfsrecv.com website (the “Website”), its application programming interfaces, and the ZFS backup, receive, restore and related services made available through them (collectively, the “Service”).
1.2 By creating an account, entering a payment method, creating a Pool, sending data to or receiving data from the Service, or otherwise accessing or using the Service, you acknowledge that you have read, understood and agree to be bound by these Terms and by any policies incorporated by reference. If you do not agree, you must not use the Service.
1.3 You represent and warrant that you have reached the age of majority in your jurisdiction of residence and have the legal capacity to enter into these Terms. If you accept these Terms on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity, and “you” includes that entity.
2. The Service; Changes to the Service
2.1 The Service permits you to transmit ZFS replication streams to, and retrieve them from, one or more storage pools provisioned for your account (each, a “Pool”) over HTTPS, and to manage the datasets and Pools associated with your account using the interfaces we make available.
2.2 The Service is subject to the plan, Pool-count, Pool-size and other limits described on the Website or in the documentation applicable to your plan. We may apply reasonable technical limits to protect the Service and its other users.
2.3 The Service operates on shared infrastructure. We may modify, suspend or discontinue any feature of the Service from time to time. Where we discontinue the Service as a whole, we will give you at least sixty (60) days’ prior notice by email to the address associated with your account, except where discontinuation is required by law or is necessary to address a security or legal risk.
2.4 You are solely responsible for providing all equipment, software, network access and other technology needed to use the Service, and for testing and verifying that your backups complete successfully and that you are able to restore them. You acknowledge that the Service is not a substitute for maintaining independent copies of data that is important to you.
3. Accounts; Pool Secrets; Security
3.1 To use the Service you must register an account and provide accurate, current and complete information, which you must keep up to date. You are responsible for all activity that occurs under your account and your Pools.
3.2 Access to each Pool is controlled by a secret token issued by the Service (a “Pool Secret”). A Pool Secret is displayed to you once, at the time of issuance, and we retain only a one-way hash of it. You are solely responsible for recording, storing, safeguarding and, where applicable, rotating or replacing each Pool Secret and your account login credentials. We are not responsible for any loss, theft, disclosure or misuse of a Pool Secret or credential, whether or not caused by your negligence, and we have no obligation to recover or reissue a Pool Secret or to restore access to a Pool for which the Pool Secret has been lost.
3.3 Anyone presenting a valid Pool Secret or account credential is deemed to be authorized by you, and we may rely on it without further inquiry. You must notify us promptly at security-team@zfsrecv.com upon becoming aware of any unauthorized access to or use of your account or any Pool.
3.4 We will maintain commercially reasonable administrative, technical and physical safeguards intended to protect the Service. You acknowledge that no system is completely secure and that we do not guarantee that unauthorized third parties will never defeat those safeguards.
4. Your Data; Encryption
4.1 “Customer Data” means all data that you or anyone acting under your account or Pool Secrets transmit to or store on the Service. As between you and ARC Dataworks, you retain all right, title and interest in and to Customer Data, and nothing in these Terms transfers any such right to us.
4.2 You grant ARC Dataworks and its service providers a non-exclusive, worldwide, royalty-free licence, during the term of these Terms and the retention period described in Section 7, to host, store, process, transmit, copy and restore Customer Data solely as necessary to provide the Service to you, to protect the security and integrity of the Service, and to comply with law.
4.3 You are solely responsible for Customer Data, including its accuracy, quality, legality and the means by which you acquired it, and you represent and warrant that you have all rights necessary to store it on the Service and to grant the licence in Section 4.2, and that its storage and use through the Service will not violate any law or the rights of any third party.
4.4 We strongly recommend that you encrypt Customer Data before it leaves your systems, including by using ZFS native encryption with raw (encrypted) sends, and that you retain control of your own encryption keys. You are solely responsible for the security, backup and recovery of your encryption keys and passphrases. We cannot recover Customer Data that you are unable to decrypt, and we have no liability for any loss of access resulting from the loss or compromise of your keys.
4.5 We do not undertake to monitor Customer Data. We may, however, access or disclose Customer Data or account information where we believe in good faith that doing so is required by law or legal process, or is necessary to enforce these Terms or to protect the rights, property or safety of ARC Dataworks, its customers or the public.
5. Acceptable Use
5.1 You will use the Service only for lawful purposes and in accordance with these Terms. You will not, and will not permit any other person to:
- store, transmit or distribute any material that is unlawful, infringing, defamatory, or that infringes or misappropriates the intellectual property, privacy or other rights of any person;
- use the Service to commit, facilitate or conceal any unlawful act;
- attempt to gain unauthorized access to the Service, to any other customer’s account, Pool or data, or to any system or network connected to the Service;
- interfere with or disrupt the integrity, performance or availability of the Service or the infrastructure supporting it, including by consuming a disproportionate share of shared resources;
- probe, scan or test the vulnerability of the Service, or circumvent any security, authentication, metering or usage-limit mechanism, except as we expressly authorize in writing;
- resell, sublicense or provide the Service to third parties as a standalone service except as we expressly authorize in writing; or
- share a Pool Secret or account credential with any person who is not authorized to act on your behalf.
5.2 If your use of the Service places an undue burden on the Service or other customers, we may, in our sole discretion, require you to modify your configuration or usage, and may throttle, limit or suspend your access where you do not do so within a reasonable time after notice.
5.3 You are responsible for any breach of this Section by anyone using your account or Pools.
6. Fees; Payment; Taxes
6.1 You will pay the fees for the Service at the rates published on the Website for your plan, or as otherwise agreed in writing (the “Fees”). Fees are calculated by reference to the storage you consume, measured periodically (including hourly) and expressed in gibibyte-months, and are billed through our third-party payment processor in the currency stated at checkout.
6.2 You authorize us, through our payment processor, to charge your designated payment method for all Fees as they accrue and become due, on a recurring basis, until you cancel in accordance with Section 7. You must keep your payment information current. A failure to maintain a valid payment method may result in suspension under Section 8.
6.3 Fees are exclusive of all applicable sales, goods and services, harmonized sales, value-added and similar taxes, duties and levies, which you are responsible for paying. We will collect and remit taxes where required by law. All payments must be made without set-off, counterclaim or deduction.
6.4 We may change our Fees or introduce new fees at any time by giving you at least thirty (30) days’ prior notice, by email or by posting on the Website. Your continued use of the Service after the effective date of a change constitutes acceptance of it.
6.5 If you believe an invoice or charge is incorrect, you must notify us in writing within thirty (30) days of the date of the charge, with reasonable supporting detail. To the fullest extent permitted by law, you waive any claim relating to a charge that you do not dispute within that period. This Section does not affect any rights you may have against your payment card issuer.
6.6 Except as required by applicable law or expressly stated otherwise, all Fees are non-refundable, and no refund or credit will be given for partial billing periods or for storage consumed before cancellation or deletion.
7. Term; Cancellation; Deletion and Retention
7.1 These Terms commence when you first accept them and continue until your account is terminated in accordance with these Terms. The Service is provided on a usage basis, and Fees continue to accrue until you delete all of your Pools and cancel your account.
7.2 You may cancel the Service at any time through your account on the Website. Deleting your last Pool cancels your subscription. Cancellation is your responsibility: an absence of data transfers or logins is not notice of cancellation, and we will not treat it as such. You remain liable for all Fees accrued up to the effective date of cancellation.
7.3 Deleting a Pool, cancelling your account, or termination of your account by us will result in the Pool and the Customer Data stored in it being destroyed and made inaccessible to you. You acknowledge that destruction of a Pool is intended to be, and should be treated by you as, permanent and irreversible.
7.4 For our own operational purposes only, and not for your benefit, we may retain a destroyed Pool in a non-accessible state for a period of up to seven (7) days following destruction, after which it may be irrecoverably deleted. We do not undertake to retain any destroyed Pool for that period and do not promise, represent or warrant that a destroyed Pool or any Customer Data in it can be recovered, restored or made available to you, whether during or after that period. Nothing in this Section 7.4 creates any obligation on us to recover, restore or produce any data, and any recovery that we may in our sole discretion attempt is provided without any warranty and may be subject to additional charges.
7.5 It is your responsibility to retrieve and independently preserve any Customer Data that you wish to keep before deleting a Pool, cancelling your account, or ceasing to pay Fees.
7.6 Sections that by their nature are intended to survive termination, including Sections 3, 4.3, 6, 7, 10, 11, 12, 16 and 17, will survive any cancellation or termination of these Terms.
8. Suspension and Termination
8.1 We may suspend or restrict your access to all or part of the Service, with or without notice where circumstances reasonably require, if we determine in our discretion that: (a) you have breached these Terms or our acceptable use requirements; (b) any Fees are overdue or a payment has failed or been reversed; (c) your use poses a risk to the security, integrity or performance of the Service or to other customers; (d) your use may expose us or any third party to liability; (e) the information you provided to us is inaccurate or incomplete; or (f) suspension is required by law or legal process.
8.2 We may terminate these Terms and your account (a) immediately on notice if you materially breach these Terms and the breach is not capable of cure, (b) on thirty (30) days’ notice if you materially breach these Terms and fail to cure within that period, (c) where required by law, or (d) for convenience on thirty (30) days’ written notice.
8.3 You remain liable for all Fees incurred during any period of suspension and up to termination. Suspension does not suspend your obligation to pay.
8.4 If an account remains suspended for non-payment or another uncured breach, we may terminate the account and destroy the associated Pools, subject to Section 7. To the maximum extent permitted by law, ARC Dataworks will not be liable to you or any third party for any suspension, termination or destruction of Pools carried out in accordance with these Terms.
8.5 You may terminate these Terms at any time by cancelling your account in accordance with Section 7.
9. Availability; No Service Level Agreement
9.1 The Service is provided on a reasonable-efforts, best-effort basis. We do not provide any service level agreement, uptime commitment, performance guarantee, support response commitment, or service credit in connection with the Service.
9.2 The Service may be unavailable, interrupted or degraded from time to time for scheduled or emergency maintenance, upgrades, security measures, capacity management, third-party failures, or causes beyond our reasonable control. We are not liable for any unavailability, delay, interruption or degradation of the Service, and no such event entitles you to any refund, credit or other remedy.
10. Disclaimer of Warranties
10.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND YOUR USE OF THEM IS AT YOUR SOLE RISK. ARC DATAWORKS AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
10.2 WITHOUT LIMITING THE FOREGOING, ARC DATAWORKS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT ANY CUSTOMER DATA WILL BE PRESERVED, WILL NOT BE LOST, CORRUPTED OR ALTERED, OR WILL BE RECOVERABLE; OR THAT ANY RESTORE OR RETRIEVAL WILL BE COMPLETE OR SUCCESSFUL.
10.3 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are excluded or limited to the greatest extent permitted by law.
11. Limitation of Liability
11.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARC DATAWORKS OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR LOSS, CORRUPTION OR UNAVAILABILITY OF DATA, OR COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ARC DATAWORKS AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE OR THE SERVICE WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO ARC DATAWORKS FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE LIABILITY.
11.3 The limitations in this Section 11 apply even if a remedy fails of its essential purpose, and you acknowledge that they are a fundamental element of the basis of the bargain and are reflected in the Fees.
11.4 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. If you are a consumer, you may have non-excludable statutory rights, and the limitations in these Terms apply only to the extent permitted by law.
12. Indemnification
12.1 You will defend, indemnify and hold harmless ARC Dataworks and its affiliates, directors, officers, employees, agents, licensors and service providers from and against any and all claims, demands, actions, losses, liabilities, damages, penalties, fines, costs and expenses (including reasonable legal fees) arising out of or relating to any third-party claim concerning: (a) Customer Data; (b) your use of the Service, including activity under your account or any Pool Secret; (c) your breach of these Terms; or (d) your violation of any applicable law or the rights of any third party.
12.2 We will give you prompt notice of any claim for which we seek indemnification, and you will not settle any claim in a manner that imposes any obligation or admission on us without our prior written consent. We may participate in the defence of any claim with counsel of our choosing at our own expense.
13. Privacy; Third-Party Services
13.1 Our collection, use and disclosure of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Service you consent to the collection, use and disclosure of your personal information as described in it.
13.2 Payment processing and certain other functions are provided by third parties, including our payment processor, whose own terms and privacy practices apply to your use of their services. We are not responsible for the acts, omissions, availability or security of third-party services, and you use them at your own risk.
13.3 The Service is hosted on infrastructure located in the regions you select when creating a Pool, and may be operated or supported by our service providers. You consent to the transfer and processing of your information in those jurisdictions, which may have data-protection laws different from those of your home jurisdiction.
13.4 Where we receive a subpoena, court order or other legal demand for information relating to your account or Customer Data, we may comply with it, and will make reasonable efforts to notify you unless prohibited by law or unless we determine notice is not appropriate. You are responsible for responding to any legal request directed to you concerning your use of the Service.
14. Export Controls and Sanctions
You represent and warrant that you are not located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive sanctions imposed by Canada or the United States, and that you are not named on any list of restricted or sanctioned persons maintained by the Government of Canada, the United States or any other applicable authority. You will not use the Service in violation of any applicable export control, sanctions or trade law, and you will not permit any person to do so.
15. Modifications to These Terms
15.1 We may amend these Terms from time to time. We will post the amended Terms on the Website and update the effective date, and, for any amendment that materially reduces your rights or increases your obligations, will give you at least thirty (30) days’ notice by email to the address associated with your account or by notice on the Website.
15.2 Your continued use of the Service after the effective date of an amendment constitutes your acceptance of it. If you do not agree to an amendment, your sole remedy is to cancel your account in accordance with Section 7 before the amendment takes effect.
16. Governing Law; Disputes
16.1 These Terms and any dispute or claim arising out of or in connection with them, the Website or the Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16.2 Subject to Section 16.3, each party irrevocably attorns to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in Toronto, for the resolution of any such dispute.
16.3 Nothing in this Section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction, or limits any right you may have under mandatory consumer-protection laws of your place of residence to bring a claim in the courts of that place.
16.4 To the extent permitted by law, any claim arising out of these Terms or the Service must be commenced within one (1) year after the cause of action arose, failing which it is permanently barred.
16.5 The parties have expressly required that these Terms and all related documents be drawn up in English. Les parties ont expressément exigé que les présentes conditions et tous les documents connexes soient rédigés en anglais.
17. General; Notices
17.1 Entire Agreement. These Terms, together with the Privacy Policy and any order or plan description referenced in them, constitute the entire agreement between you and ARC Dataworks regarding the Service and supersede all prior or contemporaneous understandings, whether written or oral.
17.2 Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any purported assignment in breach of this Section is void. We may assign these Terms, in whole or in part, to an affiliate or to a successor to all or substantially all of our business or assets.
17.3 Severability; Waiver. If any provision of these Terms is held to be invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. No failure or delay in exercising any right is a waiver of it, and any waiver must be in writing.
17.4 Force Majeure. Neither party is liable for any failure or delay in performance (other than an obligation to pay) caused by events beyond its reasonable control, including acts of God, power or telecommunications failures, labour disputes, pandemic, war, terrorism, or acts of government.
17.5 Relationship of the Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship. There are no third-party beneficiaries of these Terms.
17.6 Electronic Communications. You consent to receive notices and other communications from us electronically, including by email to the address associated with your account and by posting on the Website, and agree that such communications satisfy any legal requirement that they be in writing. Notices by us are deemed received twenty-four (24) hours after being sent or posted. You are responsible for keeping your email address current.
17.7 Notices to Us. Notices to ARC Dataworks must be sent by email to legal-team@zfsrecv.com and by courier or registered mail to ARC Dataworks Inc., 286 South Bend Road East, Ontario, Canada, L9A 2C5. Attention: Legal.
17.8 Contact. Questions about these Terms may be directed to contact-us@zfsrecv.com.