Terms of use

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 thisdata.com/terms. These Terms apply to customers who use ThisData's centralised back-up solution.
  1. Welcome to ThisData! These are our terms ("Terms")
    1. ThisData is a centralised third party back-up solution provided by ThisData Limited ("us", "we") at https://thisdata.com and through our mobile application ("ThisData").
    2. 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.
    3. Our Privacy Policy applies to the handling, storage, and use of any personal information you submit to us and forms part of these Terms. You should read our Privacy Policy carefully.
  2. We can amend these Terms
    1. 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.
  3. How you should use ThisData
    1. 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.
    2. Without limiting clause 3.1, in particular, you agree not to:
      1. damage or harm ThisData, or any underlying or connected network or system;
      2. use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access ThisData or content featured on it for any purpose;
      3. introduce any viruses, content or code to ThisData that is technologically harmful;
      4. use ThisData to do anything unlawful, misleading, malicious, or discriminatory;
      5. do anything that could disable, overburden, or impair the proper working of ThisData, such as a denial of service attack;
      6. facilitate or encourage any violations of these Terms;
      7. 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.
    3. 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.
    4. 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:
      1. limit your activities on ThisData;
      2. issue a warning to you;
      3. suspend or cancel your access to ThisData; and
      4. 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.
  4. Fees for using ThisData
    1. You must register for an account in order to use ThisData.
    2. 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 https://thisdata.com/pricing ("Fees"). Fees are charged in advance on a monthly basis and are non-refundable.
    3. 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.
    4. 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 and/or interest.
  5. Your account information
    1. 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.
    2. 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.
    3. 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 obligation.
    4. 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 [email protected]
  6. You can downgrade your account
    1. 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 account offering.
    2. 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.
  7. We can both cancel your account
    1. You can cancel your account at any time by emailing us at [email protected]
    2. 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.
    3. 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 otherwise.
    4. 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 cancellation.
    5. You agree that you cannot transfer, sell, lease, lend or trade your account without our prior written consent.
  8. We own ThisData, you own your content
    1. 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.
    2. 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.
    3. 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.
    4. 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 and as otherwise set out in our Privacy Policy. You also agree to grant 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.
  9. Suspect that intellectual property infringement is occurring on or through ThisData?
    1. 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.
    2. 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]
  10. We welcome your feedback, but you won't get intellectual property rights as a result
    1. 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.
  11. ThisData links to other services, websites and apps
    1. 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.
    2. 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 policy.
  12. ThisData might not always be perfect
    1. 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 inaccessible.
    2. 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.
    3. 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 corrected.
    4. 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, ThisData.
    5. 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.
    6. In any event, you agree that the total liability of ThisData under these Terms will not exceed NZ$100 in any circumstances.
  13. This is a legal agreement, so some general provisions apply
    1. 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.
    2. These Terms and our Privacy Policy represent the entire agreement between you and us in relation to the use of ThisData.
    3. 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.
    4. If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
    5. The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.
  14. Contact us
    1. 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