Terms and Conditions

These Terms of Service (the "Terms") are a legally binding agreement between you and Express Konnect LLC, a Delaware limited liability company with its registered office at 1111B South Governors Ave Suite, Dover, DE 19904, United States ("e-Konnect", "we", "us"). They govern your access to and use of the e-konnect.com website and the Cloud Backup Storage services we provide (together, the "Services").

By creating an account, placing an order or using the Services, you agree to be bound by these Terms and by our Privacy Notice and Refund Policy, which are incorporated by reference. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Services. The Services are not directed to children, and we do not knowingly collect personal information from children under 13 (see our Privacy Notice). If you use the Services on behalf of a company or other legal entity, you represent that you are authorized to bind that entity to these Terms.

2. Description of the Services

e-Konnect provides encrypted cloud backup storage accessible through S3-compatible tools. Each plan includes a storage quota, a dedicated storage bucket and access credentials, delivered by email after payment confirmation. Plan features, quotas and prices are described on the pricing pages of the website. Our storage infrastructure is located in data centers in Europe.

We may improve, modify or discontinue features of the Services at any time. We will give reasonable notice of material changes that adversely affect your paid Services.

3. Account and Credentials

You must provide accurate, current and complete information when ordering and keep it up to date. You are solely responsible for safeguarding your login codes, activation codes, access keys and secret keys, and for all activity that occurs under your account. Notify us immediately at support@e-konnect.com of any unauthorized use. We are not liable for any loss arising from your failure to protect your credentials.

4. Acceptable Use

You agree not to use the Services to:

• store, transmit or distribute content that is unlawful, infringing, defamatory, or that violates the rights of others;
• store or distribute malware, or engage in phishing, spamming, hacking, denial-of-service attacks or unauthorized access to any system;
• store, distribute or make available child sexual abuse material or any content that exploits minors;
• violate any applicable law, including export control, sanctions, data protection and intellectual property laws;
• resell or sublicense the Services without our written consent, or circumvent quotas, security measures or billing.

We may suspend or terminate the Services, with or without notice, if we reasonably believe you have violated this section. We may also remove or disable access to content and cooperate with law enforcement where required by law.

5. Your Content

You retain all rights to the data you store with us ("Your Content"). You grant us only the limited rights necessary to store, back up and transmit Your Content in order to provide the Services. We do not access Your Content except as needed to operate the Services, to respond to your support requests, to comply with the law or to enforce these Terms. You are solely responsible for Your Content, for holding the rights required to store it, and for maintaining independent copies of critical data.

6. Copyright Complaints (DMCA)

We respect the intellectual property of others and respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that content stored through the Services infringes your copyright, send a written notice to support@e-konnect.com (subject: "DMCA Notice") or by mail to Express Konnect LLC, 1111B South Governors Ave Suite, Dover, DE 19904, United States, including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner's behalf. We may remove or disable access to the material and terminate the accounts of repeat infringers. Customers may submit a counter-notice in accordance with 17 U.S.C. § 512(g).

7. Service Level Agreement

We target a monthly availability of 99.9% for the Services, excluding scheduled maintenance announced in advance, force majeure events and outages caused by you or by third-party networks. If we fall below this target in a given month, you may request a service credit applied to your next invoice:

• 99.0% to 99.9%: 5% of the monthly fee
• 95.0% to 98.9%: 10% of the monthly fee
• Below 95.0%: 25% of the monthly fee

Credit requests must be submitted to support@e-konnect.com within 30 days of the incident. Service credits are your sole and exclusive remedy for any failure to meet the availability target.

8. Fees, Taxes and Payment

Fees are stated in euros (EUR). Applicable taxes (VAT, sales tax or similar taxes), if any, are shown at checkout before you confirm your order. Payment is due in full at the time of order through our payment processors (Stripe, PayPal). The Services are activated after payment is confirmed. You authorize us to charge the payment method you provide for the plan and billing period you select.

We may change our prices at any time. Price changes do not affect a paid period already in progress and apply from the next renewal.

9. Term, Renewal, Cancellation and Data Deletion

Plans are sold for a monthly, annual or multi-year term as displayed at checkout. You may cancel at any time from your account area or by contacting support. If a plan is not renewed by its expiration date, access is suspended and Your Content is permanently deleted 7 days after expiration. It is your responsibility to retrieve Your Content before that date. Refunds are governed exclusively by our Refund Policy.

10. Suspension and Termination

We may suspend or terminate your account and access to the Services if you breach these Terms, fail to pay fees when due, or if required by law. Upon termination for breach, no refund is due. Sections that by their nature should survive termination (including Sections 5, 6, 11 to 14 and 16) will survive.

11. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT YOUR CONTENT WILL NEVER BE LOST OR CORRUPTED. YOU ARE RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF CRITICAL DATA.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL E-KONNECT, ITS MEMBERS, MANAGERS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE AFFECTED SERVICE DURING THE THREE (3) 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 MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify and hold harmless e-Konnect and its members, managers, employees and suppliers from and against any claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to Your Content, your use of the Services, or your violation of these Terms or of any applicable law.

14. Intellectual Property

The Services, the website and all related software, text, logos, graphics and interfaces are owned by e-Konnect or its licensors and are protected by United States and international intellectual property laws. Except for the limited right to use the Services in accordance with these Terms, no license or right is granted to you. You may not copy, modify, reverse engineer or create derivative works of the Services.

15. Export Control and Sanctions

You may not use the Services if you are located in, or are a national or resident of, a country or territory subject to comprehensive U.S. sanctions, or if you are listed on any U.S. government restricted-party list (including the OFAC Specially Designated Nationals list). You agree to comply with all applicable U.S. and international export control and sanctions laws.

16. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. Before filing a claim, you agree to contact us at support@e-konnect.com and attempt in good faith to resolve the dispute informally for at least 30 days. Any dispute that is not resolved informally shall be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of those courts.

Consumers residing in the European Union, the European Economic Area or the United Kingdom. Nothing in these Terms deprives you of the protection afforded by mandatory provisions of the consumer protection law of the country in which you reside, including your statutory right of withdrawal described in our Refund Policy, or of your right to bring proceedings before the courts of your country of residence where such a right cannot be waived.

17. Electronic Communications

By using the Services you consent to receive communications from us electronically, including invoices, notices and disclosures, at the email address associated with your account. You agree that all agreements, notices and disclosures we provide electronically satisfy any legal requirement that such communications be in writing, in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN). Transactional emails relating to your account are not marketing communications; you may opt out of any marketing email at any time using the unsubscribe link.

18. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a new effective date and, for material changes, notify you by email or through the Services at least 15 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services and may cancel your plan.

19. General Provisions

These Terms, together with the Privacy Notice and the Refund Policy, constitute the entire agreement between you and e-Konnect regarding the Services. If any provision is held unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. Neither party is liable for delays or failures caused by events beyond its reasonable control (force majeure). These Terms are drafted in English and translated into French for convenience; in the event of any conflict, the English version prevails.

20. Contact

Express Konnect LLC
1111B South Governors Ave Suite, Dover, DE 19904, United States
Email: support@e-konnect.com
Phone: +1 (302) 589-4323