We have updated our Terms of Service as of May 23, 2018 to comply with GDPR. Please review the updated terms and policies carefully to understand how it may impact you.
Privacy and security are our #1 priorities here at ThisData, and we believe in total transparency. We will never access any of your files, or use your personal information, for any purpose other than to improve your customer experience
Note: We have a new set of terms and conditions, which can be read at
These Terms apply to customers who use ThisData's centralised back-up solution.
Welcome to ThisData! These are our terms ("Terms")
ThisData is a centralised third party back-up solution provided by
ThisData Limited ("us", "we") at https://thisdata.com and through our mobile
These Terms apply to your use of ThisData and any free trial of
ThisData. By accessing and registering with ThisData, the person or
organisation entering into these Terms as a user of ThisData, together
with all individual users accessing ThisData on that person's behalf
(together, "you") accept and agree to be bound by these Terms. If you
do not agree to these Terms, you should not use ThisData.
personal information you submit to us and forms part of these Terms.
We can amend these Terms
We can amend these Terms at any time. Amendments will be effective
immediately when posted on ThisData. You are responsible for ensuring you
are familiar with the latest Terms. By continuing to use ThisData, you
agree to be bound by the Terms as amended (whether or not you have
received any amendments). You can always find the current version of
the Terms here.
How you should use ThisData
You agree to only use ThisData in a way that complies with all
applicable laws and regulations, that does not infringe our rights or
other users' rights, and that does not inhibit or restrict other users'
enjoyment of ThisData.
Without limiting clause 3.1, in particular, you agree not to:
damage or harm ThisData, or any underlying or connected network
use a harvesting bot, robot, spider, scraper, or other
unauthorised automated means to access ThisData or content featured
on it for any purpose;
introduce any viruses, content or code to ThisData that is
use ThisData to do anything unlawful, misleading, malicious, or
do anything that could disable, overburden, or impair the
proper working of ThisData, such as a denial of service attack;
facilitate or encourage any violations of these Terms;
upload or post any content on ThisData (or use ThisData to transmit
any communication) which is in our view illegal, obscene,
defamatory, threatening, infringing of intellectual property
rights, invasive of privacy or otherwise objectionable, or attempt to do any of the above.
You are responsible for all activity resulting from your use of
ThisData. You indemnify us, and will keep us indemnified, against all
forms of liability, actions, proceedings, demands, costs, changes and
expenses which we may incur or be subject to or suffer as a result of
your use of ThisData.
Without limiting any other rights and remedies available to us, if
we believe you have breached or are in breach of these Terms, we may:
limit your activities on ThisData;
issue a warning to you;
suspend or cancel your access to ThisData; and
co-operate fully with any law enforcement authorities or court
order requesting or directing us to disclose any information that
we hold, including the identity of or location of anyone using
ThisData in breach of these Terms.
Fees for using ThisData
You must register for an account in order to use ThisData.
To register an account, you must provide us with a valid credit
card number. The fees charged for having an account are as set out at
("Fees"). Fees are charged in advance on a monthly basis and are
Fees are subject to change at any time, however we will give you 14
days' notice of Fee changes by posting changes on the ThisData website.
We will not be liable to you or any third party for any changes to
Fees are exclusive of all taxes (other than New Zealand GST), and
you indemnify and hold us harmless against any claims by any tax
authority for any underpayment of any tax or levy, and any penalties
Your account information
You confirm that you have provided complete, accurate and current
personal information such as your full legal name and email address
when registering for an account ("Account Information") and you agree
to maintain and promptly update your Account Information to ensure it
is kept current at all times.
We will take reasonable precautions to keep your profile secure and
protect it from unauthorised access, however you agree that we are
entitled to rely on the authenticity and authority of your username,
password and session-specific codes generated by your hardware device
to process actions or requests you submit to ThisData and that we may do
so without further enquiry.
You agree to keep your log in details and password secure and agree
not to share your password with anyone else. We will not be liable for
any loss or damage if you fail to comply with this security
You acknowledge that the internet is inherently insecure. You
accept the risk that any information stored or transmitted on the
internet or through email may be intercepted or subject to unauthorised
access or fraudulent behaviour. If you think someone is accessing your
account without your consent or if you would like to report disclosure
of your Account Information, please contact us at
You can downgrade your account
You can downgrade your account (for example, from Business Plus to
Business or Team, or from Business to Team) at any time by emailing
[email protected] The downgrade will become effective immediately. No
refunds will be paid in respect of any unused portion of any higher
Downgrading your account may cause the loss of content, features or
capacity of your account. If you choose to downgrade your account, we
do not accept any liability for the resulting loss of data, content,
features or capacity.
If you cancel your account before the end of your current prepaid
month, your cancellation will take effect immediately and you will not
be charged again. You will not be entitled to a refund for any fees
that you have already paid.
We can suspend or cancel your account and your use of ThisData if we
consider (in our absolute discretion) that you have breached any of
these Terms. If you have registered under multiple aliases, all of
these aliases will be disabled. If we suspend or cancel your account,
you must not create another one without our prior approval. No refund
or other credit is payable to you on cancellation unless we agree
All of your data and content may be deleted from our systems
immediately upon cancellation of your account. This content cannot be
recovered once your account is cancelled. We are not liable for any
loss or damage following, or as a result of, the cancellation of your
account, and it is your responsibility to ensure that any content or
data which you require is backed-up or replicated before
You agree that you cannot transfer, sell, lease, lend or trade your
account without our prior written consent.
We own ThisData, you own your content
We (and our licensors or suppliers, as the case may be) own all
intellectual property rights existing in ThisData, including all software
code underlying and forming part of ThisData and any improvements,
enhancements, modifications or adaptions to ThisData.
Unless you have received our prior written permission, you agree
not to, and will not permit or encourage any third party to copy,
reproduce, modify, adapt, reverse-engineer or decompile ThisData in whole
or in part.
Subject to these Terms, we grant you a non-exclusive limited
licence to use our logo when linking to ThisData. Please download our
logo file here. Each download contains a .zip file with our logo in
.eps, .jpg and .png formats. You must comply with any instructions that
we may give you from time to time about your use of our logo. Unless
you have our express written consent, you must not (a) alter our logo
in any way; (b) use our logo in a way that suggests any type of
association or partnership with us; (c) use our logo in a way that is
harmful, deceptive, obscene or otherwise objectionable to the average
person; or (d) use our logo to, or in connection with, content that
disparages us or damages our reputation.
We do not claim ownership of any intellectual property rights in
relation to the information or content you upload to ThisData, however
you agree to grant us a royalty free licence to collect, retain, use,
copy, distribute or disclose it for the purposes of operating ThisData
us with a non-exclusive royalty free licence to use your name and logo
for our marketing and promotional material, including marketing and
promotional material featured on our website.
Suspect that intellectual property infringement is occurring on or
We take intellectual property rights very seriously and we expect
you to do the same. You warrant that any content you upload to ThisData
does not contain any thing which breaches any obligations of
confidentiality or proprietary rights of any third party and that you
own any intellectual property rights in such content. Before you submit
content to ThisData, you must ensure that you hold the copyright or are
otherwise licensed or authorised to use that content.
We will investigate all notices of copyright infringement. If you
believe that your work has been used or copied in a way that
constitutes copyright infringement and such infringement is occurring
on or through ThisData, please contact us at [email protected]
We welcome your feedback, but you won't get intellectual property
rights as a result
We welcome your feedback and ideas on how to improve ThisData. If you
choose to submit your ideas, you agree that we are free to use them and
that you will not have rights to any intellectual property that may be
generated as a result.
ThisData links to other services, websites and apps
ThisData may enable you to access other applications and websites.
Even though these applications and websites are accessible through
ThisData, they are not owned and controlled by us. Any links to third
party websites are provided for convenience only, and the inclusion of
any link does not imply that we endorse or verify such websites. We are
not responsible or liable for any loss or damage incurred as a result
of your access to those applications and websites.
Your use of and access to third party applications and websites
will be governed by their terms and conditions and privacy policies.
When using ThisData to access a third party website or application, we
recommend that you read their terms and conditions and privacy
ThisData might not always be perfect
ThisData is provided on an "as is" and "as available" basis and use
of ThisData is at your sole risk. We will try to promptly address (during
normal business hours) all technical issues that arise in connection
with ThisData, however there may be times when ThisData is
From time to time, we may issue an update to ThisData which may add,
modify and/or remove features. We will endeavour to let you know about
these changes in advance, but these updates may be pushed out
automatically with little or no notice.
To the maximum extent permitted by law we disclaim and exclude all
implied conditions and warranties. To avoid doubt, we do not warrant
that: (a) ThisData will meet your specific requirements; (b) ThisData will
be uninterrupted, timely, secure, or error free; (c) the results that
may be obtained from the use of ThisData will be accurate or reliable;
(d) the services, information or other material obtained by you through
ThisData will meet your expectations; or (e) any errors in ThisData will be
We will not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if we have been advised of the possibility of
such damages), resulting from the use of, or the inability to use,
We may use third party suppliers to provide necessary hardware,
software, networking, connectivity, storage and related technology
required to provide ThisData. The acts and omissions of those third party
suppliers may be outside of our control, and we do not accept any
liability for any loss or damage suffered as a result of any act or
omission of any third party supplier.
In any event, you agree that the total liability of ThisData under
these Terms will not exceed NZ$100 in any circumstances.
This is a legal agreement, so some general provisions apply
These Terms are governed by New Zealand law, and you submit to the
exclusive jurisdiction of the New Zealand courts for any matter or
dispute arising in relation to these Terms.
between you and us in relation to the use of ThisData.
If any provision of these Terms is found by a court or other
competent authority to be invalid, unenforceable or in conflict with
the law, that provision is limited or eliminated to the minimum extent
necessary. The remainder of the Terms will be binding.
If we do not exercise or enforce any right available to us under
these Terms, it does not constitute a waiver of those rights.
The headings used throughout these Terms are provided for your
convenience and do not affect the meaning of these Terms.
If you have any questions about these Terms, the practices of
ThisData, or if you would like to give us feedback or notice, you can
contact us in the following ways:
Email: [email protected]
Phone: USA: +1 415 735 3287 or NZ: +64 9 282 4175