HighGuard.cloud Terms of Service

Effective Date: August 22, 2025

Last Updated: August 22, 2025

Welcome to HighGuard.cloud ("HighGuard", "we", "our", "us"). These Terms of Service ("Terms") govern your use of our website, services, and applications (the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, you may not use the Service.

1. Eligibility

• You must be at least 18 years old and have the authority to enter into binding agreements to use the Service.
• Agencies signing up represent and warrant they have all necessary consents and rights to back up and process their clients' data.

2. Role of HighGuard.cloud

• Agencies are data controllers. Agencies decide what data is backed up.
• We are a data processor. We only process data as instructed by agencies.
• Agencies are solely responsible for compliance with privacy, marketing, and data protection laws (including GDPR, CCPA, PIPEDA, etc.).

3. Service Description

HighGuard.cloud provides:

• Daily and on-demand backups of data from GoHighLevel (GHL) via APIs.
• Encrypted storage with retention periods (default: 30 days).
• One-click restore functionality where supported by GHL APIs.
• Export packages in CSV, JSON, or ZIP formats.

We do not guarantee that all GHL data types are covered, and coverage depends on GHL's APIs.

4. Account Registration

• You must provide accurate account information and keep it updated.
• You are responsible for maintaining account credentials and access control.
• You are responsible for all actions taken under your account.

5. Payment & Pricing

• Service fees are billed per location on a subscription basis (currently $9.99/month per location, unless otherwise stated).
• All fees are non-refundable.
• We may update pricing with 30 days' notice.

6. Data Responsibility

• You represent and warrant you have the legal right to back up the data you direct into our Service.
• You must not use the Service to back up unlawful, infringing, or sensitive data that you are not authorized to process.
• You remain solely responsible for compliance with all applicable data protection and privacy laws.

7. Service Availability

• We aim for 99.9% uptime but do not guarantee uninterrupted access.
• Service may be unavailable for maintenance, upgrades, or due to external outages (e.g., GHL).
• We disclaim liability for downtime, data corruption, or unavailability beyond our reasonable control.

8. Intellectual Property

• HighGuard.cloud retains all rights in the Service, software, and branding.
• You may not reverse engineer, modify, copy, or resell our technology.

9. Prohibited Uses

You may not use the Service to:

• Violate laws or infringe rights of others.
• Attempt unauthorized access to our systems.
• Introduce malware, denial-of-service attacks, or exploit vulnerabilities.

10. Termination

• You may terminate at any time by discontinuing use.
• We may suspend or terminate your account immediately for breach of these Terms.
• Upon termination, we retain backups for 30 days, then delete them permanently.

11. Disclaimers

• The Service is provided "as is" and "as available".
• We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that:
  • The Service will be uninterrupted or error-free
  • All data will be backed up or restorable
  • The Service will meet your requirements or expectations

12. Limitation of Liability

To the fullest extent permitted by law:

• HighGuard.cloud shall not be liable for indirect, incidental, consequential, punitive, or special damages (including loss of profits, data, goodwill, or business).
• Our total aggregate liability under these Terms is capped at the amount you paid to us in the 12 months prior to the claim.
• Agencies indemnify and hold harmless HighGuard.cloud from any third-party claims arising out of their use of the Service or their clients' data.

13. Indemnification

You agree to indemnify and hold harmless HighGuard.cloud, its affiliates, and staff against claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from your use of the Service, your breach of these Terms, or your violation of law or third-party rights.

14. Governing Law & Dispute Resolution

• These Terms are governed by the laws of [Insert Governing Jurisdiction] without regard to conflict of law principles.
• Any disputes shall be resolved exclusively in the courts of [Insert Location].
• You waive any class action rights and agree to resolve disputes individually.

15. Modifications

We may update these Terms from time to time. We will provide notice (e.g., via email or dashboard). Continued use of the Service constitutes acceptance of updated Terms.

16. Miscellaneous

• These Terms constitute the entire agreement between you and HighGuard.cloud.
• If any provision is found unenforceable, the remaining Terms remain in effect.
• Our failure to enforce a right does not waive it.

Contact

For questions regarding these Terms, contact:

Email: info@highguard.cloud