Terms of Service

Last updated: January 2025

Critical: Backup Immutability Policy

LOX enforces strict backup immutability. Backups cannot be deleted before their retention period expires, under any circumstances. This is a core security feature, not a limitation. Please read Section 4 carefully before using our service.

Contents

1. Definitions

For the purposes of these Terms of Service:

  • "Service" refers to the LOX Cold Backup Service, including all APIs, SDKs, plugins, integrations, and related software.
  • "User," "You," "Your" refers to the individual or entity accessing or using the Service.
  • "We," "Us," "Our," "LOX" refers to LOX Cold Backup Service and its operators.
  • "Backup" refers to any data, file, database dump, or archive uploaded to the Service for storage.
  • "Retention Period" refers to the duration for which a Backup is stored before automatic deletion, as defined by your subscription plan.
  • "Cold Storage" refers to offline or near-offline storage systems designed for long-term data preservation with limited access frequency.
  • "Immutability" refers to the property of Backups that prevents modification or deletion before the Retention Period expires.
  • "Tenant" refers to an isolated organizational unit within the Service, containing Users, Backups, and configurations.

2. Service Description

LOX is an enterprise-grade cold backup service designed to protect critical data against ransomware attacks and data loss. The Service provides:

  • • Secure backup storage with AES-256 encryption at rest
  • • Malware scanning of all uploaded files using ClamAV
  • • Multi-cloud distribution across geographically separated storage targets
  • • Automated monthly backup verification and restoration testing
  • • Immutable storage that prevents backup deletion during the retention period
  • • REST API access for automated backup operations
  • • Integrations with popular CMS platforms, databases, and CI/CD pipelines

The specific features available to You depend on your subscription plan. Feature availability may vary and is subject to change with notice.

3. Account Registration and Security

3.1 Account Creation

To use the Service, You must create an account by providing accurate and complete information. You are responsible for maintaining the accuracy of your account information.

3.2 Security Responsibilities

You are responsible for:

  • • Maintaining the confidentiality of your account credentials and API keys
  • • All activities that occur under your account
  • • Immediately notifying Us of any unauthorized use of your account
  • • Implementing appropriate security measures in your systems that integrate with the Service

3.3 API Key Security

API keys provide programmatic access to the Service. You must treat API keys as sensitive credentials and never expose them in client-side code, public repositories, or unsecured environments. Compromised API keys should be revoked immediately through the dashboard.

4. Backup Immutability Policy

IMPORTANT: READ CAREFULLY

The immutability of backups is a fundamental security feature of LOX, designed to protect your data against ransomware attacks that attempt to destroy backup copies. By using this Service, You explicitly acknowledge and accept the following immutability conditions.

4.1 Immutability Principle

All Backups stored in LOX are immutable for the duration of their Retention Period. Once a Backup is successfully uploaded and validated, it cannot be modified, overwritten, or deleted until its Retention Period expires.

4.2 No Early Deletion

Backup deletion requests will not be processed under any circumstances before the Retention Period expires. This includes, but is not limited to:

  • ×Requests from account holders or authorized users
  • ×Requests citing GDPR Article 17 (Right to Erasure) or similar data protection rights
  • ×Requests from third parties claiming ownership of data
  • ×Requests from LOX staff or administrators
  • ×Requests made under duress or coercion (including ransomware demands)
  • ×Account termination or subscription cancellation

4.3 Technical Enforcement

Immutability is enforced at the infrastructure level. The API does not expose deletion endpoints for active Backups. Even with valid API credentials, Backups in their Retention Period cannot be deleted through any programmatic means.

4.4 Automatic Expiration

Upon expiration of the Retention Period, Backups are automatically and permanently deleted from all storage targets. This deletion is irreversible. If You require longer retention, You must configure an appropriate Retention Period before uploading Backups.

4.5 Data Subject Rights

For data protection requests (GDPR, CCPA, or similar regulations):

  • Right to Erasure: Must be exercised against the primary/production systems that are the source of the Backups. Backups are disaster recovery copies that will expire according to their Retention Period.
  • Right to Access: Data subjects may request information about whether their data is included in Backups, but Backup restoration for access purposes may incur additional charges based on your plan.
  • Legal Basis: Backup retention is justified under legitimate interest for disaster recovery and business continuity purposes.

4.6 Ransomware Protection Rationale

This immutability policy exists because modern ransomware attacks specifically target backup systems. Statistics show that 94% of ransomware attacks attempt to compromise backups, and 57% succeed. By making early deletion technically impossible, LOX ensures that even if an attacker gains access to your systems and API credentials, they cannot destroy your backup copies.

By using LOX, You acknowledge that You have read, understood, and accepted this Immutability Policy. If You do not agree with these terms, do not use the Service.

5. Acceptable Use

5.1 Permitted Use

The Service is intended for lawful backup and disaster recovery purposes. You may use the Service to store backup copies of data that You own or have the right to backup.

5.2 Prohibited Use

You agree not to use the Service to:

  • • Store content that is illegal, harmful, or violates third-party rights
  • • Store malware, viruses, or malicious code (note: our malware scanning will reject such uploads)
  • • Store content for primary access or distribution (the Service is for backup, not CDN or file sharing)
  • • Circumvent storage quotas or billing through technical manipulation
  • • Resell or redistribute the Service without authorization
  • • Attempt to access other users' data or Tenants
  • • Perform security testing without prior written authorization

5.3 Content Responsibility

You are solely responsible for the content of your Backups. We do not monitor, review, or access the content of your encrypted Backups except as necessary for malware scanning during the upload process.

6. Payment and Billing

6.1 Subscription Plans

The Service is offered through various subscription plans with different storage limits, features, and pricing. Plan details are available on our website and may be updated periodically.

6.2 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis. Storage overages are billed in arrears at the rate specified in your plan.

6.3 Free Tier

The Free tier provides limited storage and features for evaluation purposes. Free tier accounts may be subject to additional restrictions and are provided without service level guarantees.

6.4 Refunds

Due to the nature of cold storage services, refunds are generally not provided for unused portions of subscription periods. Exceptions may be made at Our sole discretion.

6.5 Non-Payment

Failure to pay may result in service suspension. However, due to the Immutability Policy, existing Backups will not be deleted before their Retention Period expires, even in cases of non-payment. You remain liable for storage costs until all Backups expire.

7. Data Protection and Privacy

7.1 Data Processing

We process your data solely for the purpose of providing the backup Service. This includes:

  • • Receiving and storing uploaded Backups
  • • Performing malware scanning on incoming files
  • • Encrypting Backups before storage
  • • Distributing Backups to configured storage targets
  • • Verifying backup integrity through periodic restoration tests
  • • Providing backup restoration services upon request

7.2 Encryption

All Backups are encrypted using AES-256 encryption before storage. Encryption keys are managed securely and are separate from storage infrastructure.

7.3 Data Location

Backups may be stored across multiple geographic regions depending on your storage target configuration. You are responsible for ensuring that your storage configuration complies with any data residency requirements applicable to your data.

7.4 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Limitation of Liability

8.1 Service Availability

While We strive for high availability, the Service is provided on an "as is" basis. We do not guarantee uninterrupted access to the Service.

8.2 Liability Cap

To the maximum extent permitted by law, Our total liability for any claims arising from the use of the Service shall not exceed the amount paid by You for the Service in the twelve (12) months preceding the claim.

8.3 Exclusions

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

8.4 Your Responsibilities

You are responsible for maintaining copies of your original data. The Service is a backup solution and should not be your only copy of critical data. We recommend following the 3-2-1 backup rule: three copies of data, on two different media, with one offsite.

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that the Service will perform substantially in accordance with its documentation. Our monthly backup verification tests are designed to ensure backup recoverability.

9.2 Disclaimer

Except as expressly provided herein, the Service is provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.3 Malware Scanning

While We scan all uploads for malware, no scanning solution is 100% effective. We do not warrant that all malicious files will be detected. The malware scanning feature is an additional protection layer, not a guaranteed malware prevention system.

10. Termination

10.1 Termination by You

You may cancel your subscription at any time through your account dashboard. Upon cancellation, no new Backups may be created, but existing Backups will remain until their Retention Period expires (see Section 4).

10.2 Termination by Us

We may suspend or terminate your account for violation of these Terms, including but not limited to non-payment or prohibited use. We will provide reasonable notice when possible. Existing Backups remain subject to the Immutability Policy.

10.3 Effect of Termination

Upon termination:

  • • Your access to the dashboard and API will be revoked
  • • No new Backups can be created
  • • Existing Backups remain stored until their individual Retention Periods expire
  • • You remain liable for any storage costs until all Backups expire
  • • Backup restoration may still be available upon request (additional fees may apply)

10.4 Data After Expiration

Once all Backups have expired and been automatically deleted, and any outstanding payments have been settled, your account data will be permanently deleted in accordance with our data retention policies.

11. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or through the Service dashboard at least thirty (30) days before taking effect.

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If You do not agree to the modified Terms, You must stop using the Service (subject to the Immutability Policy for existing Backups).

The Immutability Policy (Section 4) is a core feature of the Service and will not be modified in a way that would allow early deletion of existing Backups.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the European Union and the applicable member state where the Service operator is established.

Any disputes arising from these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the competent courts in that jurisdiction.

13. Contact Information

For questions about these Terms or the Service, please contact Us at:

Email: legal@lox.argentica.ai
Website: https://lox.argentica.ai

By using LOX, You acknowledge that You have read, understood, and agree to be bound by these Terms of Service.

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