Legal & Compliance

End User License Agreement

Last updated: September 2026 Product: BackupWatch

Please read this End User License Agreement ("Agreement") carefully before downloading, installing, or running the BackupWatch software ("Software"). By downloading, installing, activating, or running the Software, you ("Licensee", "you", or "your") agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, do not download, install, or run the Software.

1. License Grant

Subject to the terms of this Agreement and your payment of applicable license fees, Licensor grants you a non-exclusive, non-transferable, revocable license to install and execute the Software on server infrastructure owned, leased, or directly managed by you:

  1. Free Tier: You may run the Software without payment for monitoring up to five (5) active backup jobs. No license key is required.
  2. Commercial License: Upon purchasing a commercial subscription ($49/month or $499/year), you receive a cryptographically signed license key permitting unlimited active backup jobs and unlimited managed clients within your organization.
  3. Scope: A single commercial license covers one production instance run by your Managed Service Provider (MSP) or internal IT organization.

2. License Restrictions

You agree not to:

  1. Distribute, sublicense, rent, lease, or resell the Software or your license key to third parties outside your legal organization.
  2. Reverse engineer, decompile, or disassemble the Software, except to the extent permitted by applicable law.
  3. Modify, bypass, or disable the license validation mechanisms or tamper with cryptographic check-in routines.
  4. Use the Software to operate a public multi-tenant SaaS that resells access to third parties who are not your direct IT clients.

3. Verification and Heartbeat

  1. Cryptographic Validation: Commercial licenses are verified locally via Ed25519 cryptographic signatures.
  2. Daily Check-In: The Software performs a lightweight daily status check-in to our licensing server (licence.backupwatch.app). Transmitted data is strictly limited to your license token, installed software version, active job count, and OS/runtime versions. No client names, email bodies, server names, or internal network identifiers are ever transmitted.
  3. Grace Period: If your server cannot contact the licensing server, a seven (7) day grace period applies before monitoring pauses, ensuring transient network or server interruptions do not disrupt operations.

4. Critical Disclaimer: Backup Verification and Disaster Recovery

  1. Alerting Aid Only: The Software is an operational monitoring and alerting tool designed to detect incoming notification emails and flag missed schedules.
  2. No Guarantee of Backup Viability: The Software does not perform backups, test restores, verify file system integrity, or guarantee that data can be restored. A status of "Success" recorded by the Software indicates only that a matching success notification email was parsed.
  3. Licensee Responsibility: You maintain sole and exclusive responsibility for:
    • Ensuring backup jobs are properly scheduled and executed by your backup software.
    • Periodically conducting test restores and verifying backup storage validity.
    • Maintaining independent disaster recovery and business continuity plans.

5. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT PARSERS WILL MATCH EVERY UNFORMATTED EMAIL VARIATION.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  1. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR CLIENT CHURN ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SOFTWARE.
  2. LICENSOR’S TOTAL AGGREGATE LIABILITY ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL FEES PAID BY LICENSEE TO LICENSOR UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

7. Termination

This Agreement remains in effect until terminated. Your rights under this Agreement terminate automatically without notice if you fail to comply with any provision. Upon termination or non-renewal of a commercial subscription, your installation reverts to the five (5) active job free tier limit or pauses polling as defined in the product specification.

8. Governing Law

This Agreement is governed by and construed in accordance with the laws of Australia. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the competent courts of Australia.