Terms of Service

1. Who We Are and What the Service Is

BurnProof Storage provides long-term, low-cost storage for files you do not need frequent or immediate access to. Files you upload are placed into cold archival storage shortly after they finish uploading. Retrieving a file you have stored is not instantaneous: it requires an explicit restore request, takes approximately 12 to 48 hours to complete, and carries a restore fee of $0.20 per gigabyte, rounded up to the next whole gigabyte, with a minimum of $0.20 per restore request, in addition to your regular subscription charge. The Service is designed and priced around this tradeoff — cheap, durable storage in exchange for slower, fee-based access — and is not suitable for files you need to open, edit, or share on short notice. If your use case requires instant or frequent access to your files, this is not the right product for you, and you should not rely on it for that purpose.

2. Eligibility and Account Registration

You must be at least 18 years old to create an account, and by registering you represent that you meet this requirement. You agree to provide accurate registration information and to keep it current. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your login credentials. You must notify us promptly at [email protected] if you become aware of any unauthorized access to or use of your account.

Accounts may be created directly by a prospective customer or, in the case of trial accounts (see Section 5), by invitation from us. In either case, these Terms apply from the moment the account is created and accepted.

3. Subscription Plans and Fees

3.1 Storage Plans

The Service is offered under a set of fixed storage tiers, each with its own monthly and annual price and storage allotment, published at app.burnproofstorage.com/pricing and incorporated into these Terms by reference. Prices and tiers may change prospectively; changes will not apply retroactively to a billing period you have already paid for, and we will provide reasonable notice before a price change takes effect on your next renewal.

3.2 Retrieval Fees

Restoring a file from cold storage is billed separately from your subscription at $0.20 per gigabyte, rounded up to the next whole gigabyte, with a minimum of $0.20 per restore request. Anything up to 1 GB costs $0.20. Restores take 12 to 48 hours. You are never charged until you confirm the restore request, and the fee is added to your next invoice.

3.3 Billing and Payment

All payments are processed by Stripe, Inc. We do not receive or store your full payment card number. By subscribing, you authorize us (through Stripe) to charge your payment method on a recurring basis — monthly or annually, depending on the billing cycle you selected — until you cancel. It is your responsibility to keep your payment method current; if a charge fails, we may suspend upload access to your account until payment succeeds, consistent with Section 8.

3.4 Upgrades and Downgrades

You may change your storage plan at any time from your account settings. An upgrade to a higher tier takes effect immediately, with the difference in price prorated and charged to your payment method at the time of the change. A downgrade to a lower tier takes effect at the end of your current billing period, at which point your account will move to the new tier's price and storage limit with no proration or credit issued for the remainder of the period you already paid for.

3.5 Refunds

Fees already paid are non-refundable except where required by applicable law. Canceling your subscription stops future billing but does not entitle you to a refund of the current billing period, during which your account remains active and fully usable through its end.

4. Why Storage Has a Minimum Duration

The infrastructure we use to store your files at such a low cost — Amazon S3 Glacier Deep Archive — carries a minimum storage duration requirement imposed by our infrastructure provider: if a file is deleted before it has been stored for 180 days, the provider bills us for the remainder of that 180-day period regardless of the deletion. This is the mechanism that makes the low pricing in Section 3.1 possible in the first place, and it is not something we can waive or absorb without changing the fundamental economics of the Service.

To account for this, when you delete a file that has not yet been stored for the full 180 days, the file is immediately removed from your account and your view of it — you will not see it, and it will not count toward your storage usage — but the underlying data is not physically deleted from our systems until the 180-day period actually elapses. Once a file has been stored for 180 days or longer, deleting it results in immediate, permanent removal. This distinction is disclosed to you at the time of deletion, along with the specific date on which a deferred deletion will complete.

5. Trial Accounts

We may, at our sole discretion, grant certain accounts trial access to the Service without requiring payment information. Trial accounts are limited to the smallest storage tier and to a period of 30 days from the date the trial begins. A trial account has the same functionality as a paid account during that period, subject to its storage limit. If a trial account is not converted to a paid subscription before the trial period ends, access to the Service is suspended, and any files stored during the trial are handled under the same deferred-deletion and retention terms described in Sections 4 and 9 — you will have an opportunity to add a payment method and continue before any file is permanently deleted.

Trial access is offered at our discretion and is not a right; we may limit, modify, or discontinue the trial program, or decline to extend trial access to any particular person, at any time.

6. Acceptable Use

You may not use the Service to store, transmit, or distribute any content that:

• (a) is illegal under applicable law, or that facilitates illegal activity;
• (b) infringes or misappropriates the intellectual property, privacy, or other rights of any third party;
• (c) contains malicious code, malware, or anything designed to disrupt, damage, or gain unauthorized access to any system;
• (d) constitutes child sexual abuse material or otherwise exploits minors; or
• (e) you do not have the legal right to store or possess.

We reserve the right, but do not assume any obligation, to investigate suspected violations of this Section, and to suspend or terminate any account involved in such a violation. We do not routinely inspect the contents of files you store, and nothing in this Section requires us to do so; our ability to detect a violation may be limited by the nature of the Service.

7. Your Content

You retain all ownership rights in the files you store using the Service. We do not claim any ownership interest in your content. You grant us only the limited rights necessary to store, transmit, and — upon your request — restore and deliver your content back to you, and to otherwise operate the Service as described in these Terms. You represent that you have all rights necessary to store the content you upload and that doing so does not violate any law or any third party's rights.

You are solely responsible for maintaining your own independent backup of any content that is important or irreplaceable to you. The Service is built on infrastructure designed for very high durability, but no storage service, including this one, should be treated as your only copy of anything you cannot afford to lose.

8. Suspension

We may suspend your ability to upload new files, or your access to the Service generally, if: your payment fails and is not cured within a reasonable grace period; we reasonably believe your account is being used in violation of Section 6; or we are required to do so by law. Where practical, we will attempt to notify you of a suspension and the reason for it. Suspension for non-payment does not result in deletion of your existing files; those remain accessible once payment is resolved, subject to the terms of this Section and Section 9.

9. Cancellation, Termination, and File Retention

You may cancel your subscription at any time from your account settings. Cancellation stops future billing; your account and files remain accessible through the end of the billing period you have already paid for.

Once your subscription has ended — whether by your own cancellation, by our termination of your account for a violation of these Terms, or by the expiration of a trial account under Section 5 — we retain your stored files, inaccessible for normal use but not yet deleted, for 30 days. We will notify you by email several days before that period ends and before your files are permanently deleted. If you wish to keep your files, you may resubscribe (or, for a trial account, subscribe for the first time) at any point before that window closes. After the 30-day period ends, your files are deleted and cannot be recovered, subject to Section 4's deferred-deletion rule for any file that had not yet met the 180-day minimum storage duration at the time your subscription ended.

We may terminate these Terms and your access to the Service, with or without cause, on reasonable notice, except where immediate termination is warranted by a violation of Section 6 or a legal requirement.

10. Service Availability

We aim to keep the Service available and reliable, but we do not guarantee that it will be available at all times or free of interruption, error, or delay. Scheduled maintenance, infrastructure provider outages, and circumstances outside our reasonable control may affect availability. We are not liable for any unavailability except as required by applicable law.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY FILE YOU STORE WILL BE FREE FROM LOSS OR CORRUPTION, EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BURNPROOF STORAGE AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify and hold BurnProof Storage harmless from any claim, demand, loss, or damage, including reasonable attorneys' fees, arising out of your content, your violation of these Terms, or your violation of any law or third-party right.

14. Changes to These Terms

We may modify these Terms from time to time. If we make a material change, we will provide notice by email or through an in-app notice before the change takes effect. Your continued use of the Service after a change becomes effective constitutes your acceptance of the revised Terms. If you do not agree to a change, your only recourse is to cancel your account before the change takes effect.

15. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, without restriction.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved in the state or federal courts located in Utah, and you consent to the personal jurisdiction of those courts.

17. Entire Agreement; Severability

These Terms, together with any policies referenced in them, constitute the entire agreement between you and BurnProof Storage regarding the Service and supersede any prior agreements. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

18. Contact

Questions about these Terms should be sent to [email protected].