Terms of Service

360 DATACRAFT TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of the 360 DataCraft website at https://360datacraft.com (the “Website”) and the 360 DataCraft backup, restore, archive and file transfer service, including the Package and the Platform (the “Service”).

Please read these Terms carefully. By installing, accessing or using the Service, clicking “I Agree”, or signing an Order that refers to these Terms, you agree to be bound by them. If you are accepting on behalf of a company or other organisation, you confirm that you have authority to bind it, and “you” means that organisation. If you do not agree, do not use the Service.

1. Who you are contracting with

360 DataCraft is a product of the 360 Degree Cloud group. The 360 Degree Cloud entity you contract with depends on where you are based:

In these Terms, “360 Degree Cloud”, “we”, “us” and “our” mean the applicable entity above. If you have a separate signed agreement or Order with us that names a different entity, that document controls.

2. Definitions

• “Archive” means moving selected records, files or attachments from your Salesforce Org to your AWS Account and then removing them from your Salesforce Org.
• “Authorised User” means an employee, contractor or agent of yours whom you permit to use the Service.
• “AWS Account” means the Amazon Web Services account, including Amazon S3 buckets, encryption keys and IAM credentials, that you own, control and pay for.
• “Backup” means a copy of Customer Data that the Service writes to your AWS Account, whether in real time or on a schedule.
• “Customer Data” means all data, records, metadata, files and attachments in your Salesforce Org or AWS Account that the Service processes, including any personal data in them.
• “Documentation” means the user guides, setup instructions and help materials we provide for the Service.
• “Order” means an order form, quotation, online checkout, AgentExchange listing or invoice setting out your plan, Fees and Subscription Term.
• “Operational Data” means the information we hold to run the Service, as described in Section 4.3.
• “Package” means the 360 Data Craft managed package that you install in your Salesforce Org from Salesforce AgentExchange, including any Apex classes, triggers and permission sets it deploys.
• “Platform” means the DataCraft web application we host at app.360datacraft.com, through which you create, run and monitor backup, restore and archive jobs.
• “Restore” means writing data from a Backup or Archive back into a Salesforce Org.
• “Salesforce Org” means a Salesforce production or sandbox environment you are licensed to use under your own agreement with Salesforce, Inc.
• “Subscription Term” means the period for which you have purchased access to the Service, as stated in your Order.
• “Third-Party Services” means services we do not provide, including Salesforce and Amazon Web Services.

3. Scope of the Service

3.1 Features. Depending on your plan, the Service lets you:

• Back up your full Salesforce Org or selected objects to your AWS Account, either in real time (using Apex triggers deployed in your Salesforce Org) or on a schedule, with the first backup capturing all selected records and later backups capturing changes;
• Restore data into the same or a different Salesforce Org, filtered by date and time range, object, record, field, deleted records, a list of record IDs or a custom SOQL query, with conflict and edge-case rules, a dry-run preview, and a typed confirmation before any data is written;
• Archive records that match filters you set to your AWS Account, remove them from your Salesforce Org, and view them from within Salesforce using Archive Search and related lists;
• Transfer files and attachments from your Salesforce Org to external storage, where included in your Order (this may be provided through our separate File Sync product, if purchased separately by client); and
• Control access with permissions and roles that separate who can view, configure, run and delete backup, restore, archive, connection, storage and settings functions.

3.2 Plans and add-ons. The features, limits and number of Salesforce Orgs available to you are those in your Order. Archive and file transfer features are available only if your Order includes them.

3.3 Estimates. Figures we publish about setup time, compression ratios, storage reduction or AWS costs are typical estimates only. Actual results depend on your data, configuration and AWS pricing, and are not guaranteed.

4. How your data is handled

4.1 How the Service works. The Package runs in your Salesforce Org. The Platform, which we host, connects to your Salesforce Org through Salesforce APIs and to your AWS Account using the access you provide. When a job runs, Customer Data passes through the Platform, encrypted in transit, between your Salesforce Org and your AWS Account. Your Backups and Archives are stored only in your AWS Account. We do not provide, own or operate that storage.

4.2 No persistent storage of Customer Data. We do not keep copies of your Customer Data on our systems. Customer Data is held on the Platform only temporarily, while it is needed to complete a job or to show you archived records you request, and is then deleted.

4.3 Operational Data. To run and support the Service, we store Operational Data, including:

• account and user details, and the permissions and roles you assign;
• policy settings, such as selected objects, filters, SOQL queries and schedules; and
• job and audit logs, such as who ran which job and when, record counts, record IDs, durations and error messages.

Filters, queries and error messages may contain limited Customer Data. We treat Operational Data as your confidential information and use it only to provide, secure and support the Service.

4.4 Processing in your AWS Account. Some processing, such as compressing Backups, may run using AWS services in your AWS Account. AWS charges for those services are yours.

4.5 Your control. You control your AWS Account, including bucket configuration, region, encryption keys, retention, lifecycle rules and who can access the data. Your Backups and Archives remain in your AWS Account if these Terms end.

4.6 Our personnel. Our personnel do not access Customer Data except where needed to provide support you request, to keep the Service secure, or as required by law, and they are bound by confidentiality obligations.

4.7 Data Processing Addendum. To the extent we process personal data in Customer Data on your behalf, we act as your data processor (or service provider) and you act as the data fiduciary, controller or equivalent under applicable data protection laws, as applicable under our Data protection Addendum, which forms part of these Terms and is available at https://360smsapp.com/terms-of-service/ or attached to the applicable Order. The Data Processing Addendum applies only to such processing of personal data. In the event of any conflict between these Terms and the Data Processing Addendum concerning the processing of personal data, the Data Processing Addendum shall prevail to the extent of such conflict. You are responsible for providing any required notices, obtaining necessary consents, establishing a lawful basis for processing and ensuring that your instructions concerning Customer Data comply with applicable law. Our handling of personal information about you and your Authorised Users is described in our Privacy Policy.

5. Installation and accounts

5.1 Installation. You must install the Package in your Salesforce Org and configure it as described in the Documentation. A Salesforce System Administrator is normally required.

5.2 Connections. You connect the Platform to each Salesforce Org and to your AWS Account using credentials you create or authorise. You should grant only the permissions the Documentation requires, and you may revoke access at any time.

5.3 Real-time backup components. When you confirm a real-time backup policy, the Service deploys Apex triggers on the selected objects and a permission set in your Salesforce Org. You must assign that permission set to users who create, update or delete records on those objects. Removing these components stops real-time capture.

5.4 Salesforce permissions. Some features need specific Salesforce permissions. For example, backing up encrypted field values needs “View Encrypted Data”, and keeping original audit field values on restore needs “Set Audit Fields upon Record Creation”. If a permission is missing, the related data may not be backed up or restored.

5.5 Account security. You are responsible for all activity under your Salesforce, AWS and Service credentials, and for keeping them confidential. Tell us promptly if you suspect unauthorised access.

6. Your responsibilities

You are responsible for:

• maintaining valid Salesforce licences and an active, paid AWS Account;
• paying all AWS charges (storage, requests, data transfer, encryption keys) directly to AWS;
• choosing which objects, fields and files to back up, archive or transfer, and the frequency of backups;
• setting up permissions and roles in the Service so that only the right people can restore, archive or delete data;
• reviewing the dry-run preview, conflict settings and edge-case settings before every Restore, as a Restore may create, update or overwrite records in the target Salesforce Org;
• before restoring into a different Salesforce Org, deploying the metadata (objects, fields and record types) that the restored data needs;
• regularly testing that Backups are complete and can be restored, preferably in a sandbox;
• monitoring backup job results and alerts and acting on failures;
• ensuring the Package’s Apex triggers, API usage and storage fit within your Salesforce limits; and
• having all rights and consents needed to process the Customer Data, and meeting any legal or regulatory duties that apply to it.

7. Archive and deletion of data from Salesforce

7.1 Archiving removes data from Salesforce. When you run an Archive, the selected records, files or attachments are deleted from your Salesforce Org after they are written to your AWS Account. This may also affect related records, reports, automations and integrations that rely on that data.

7.2 Your decision. You decide what to archive and when. Before archiving, you should confirm that the data has been written successfully to your AWS Account and that your organisation’s retention and legal hold requirements allow its removal from Salesforce.

7.3 Confirmation. The Service asks you to type a confirmation before an Archive runs. Typing it confirms that you have reviewed the dry-run results and intend the selected records to be removed from Salesforce.

7.4 Recovery depends on your AWS Account. Archived data can be brought back only while it remains available and readable in your AWS Account. If it is deleted, modified, expired by a lifecycle rule, or encrypted with a key that is lost or disabled, we cannot recover it.

7.5 Viewing archived data. Archive Search and archive related lists in Salesforce work only while your subscription is active and your AWS Account is available.

8. Acceptable use

You must not, and must not allow anyone else to:

• copy, modify or create derivative works of the Service or Package, except as the Documentation allows;
• reverse engineer, decompile or try to extract the source code of the Service or Package, except where the law permits despite this restriction;
• resell, sublicense, rent or provide the Service to third parties, or use it to run a managed service for others, unless your Order allows it;
• bypass license limits, usage limits or security features;
• use the Service to access data you are not authorised to access, or in breach of Salesforce’s or AWS’s terms;
• use the Service to store or transmit malicious code, or unlawful or infringing content;
• run penetration tests or vulnerability scans against our systems without our written consent; or
• use the Service or Documentation to build a competing product.

9. Third-Party Services

9.1 Your agreements with them. Your use of Salesforce and AWS is governed by your own agreements with those providers. We are not responsible for their services, fees, availability, security or changes.

9.2 Dependence. The Service depends on Salesforce and AWS. Their outages, limits, API changes or policy changes may affect the Service, and we are not liable for those effects.

9.3 No affiliation. We are not affiliated with or endorsed by Salesforce, Inc. or Amazon Web Services, Inc. Salesforce, AgentExchange and Apex are trademarks of Salesforce, Inc. Amazon Web Services, AWS and Amazon S3 are trademarks of Amazon.com, Inc. or its affiliates.

10. Fees, trials and payment

10.1 Fees. You will pay the fees in your Order (“Fees”). Fees cover the Service only. AWS and Salesforce charges are separate.

10.2 Billing. Unless your Order says otherwise, Fees are billed in advance and due within [15] days of invoice.

10.3 Taxes. Fees exclude taxes such as GST, VAT or sales tax, which you will pay in addition.

10.4 Late payment. If Fees are more than [15] days overdue, the overdue amount shall accrue interest at the rate of [18] % per annum, calculated from the due date until the date of actual payment. We may suspend the Service after giving you notice. Suspension does not affect data already stored in your AWS Account.

10.4A Invoice disputes and collection costs. You shall notify us in writing of any invoice dispute within 15 days of receipt, specifying the disputed amount and reasons. Undisputed amounts shall remain payable by the due date. Failure to dispute an invoice within this period shall not prevent correction of a genuine billing error. You shall reimburse reasonable collection costs and legal fees incurred to recover overdue amounts, to the extent permitted by applicable law.

10.5 Renewal. Subscriptions renew automatically for the same term unless either party gives notice at least [30] days before the term ends. We will give at least [30] days’ notice of any price change for a renewal term.

10.6 Refunds. Fees are non-refundable except as these Terms or applicable law provide.

10.7 Trials. Any trial, demo or free plan is provided “as is” for evaluation, may be ended at any time, and is not covered by the warranty in Section 15.1 or by any support commitment.

11. Availability, support and maintenance

11.1 Availability. We will use commercially reasonable efforts to keep the Platform available. Because the Service also depends on Salesforce and AWS, their availability affects whether jobs can run.

11.2 Support. We provide support during [business hours and time zone] as set out in your Order.

11.3 Updates and maintenance. We may release updates to the Package to fix issues, improve security or keep pace with Salesforce and AWS changes. We will try to give advance notice of planned maintenance that affects the Service. You are responsible for installing updates we mark as required.

11.4 Safety features. The Service includes features to reduce risk, such as pausing jobs when your Salesforce API usage reaches a set threshold, job failure alerts, dry runs, typed confirmations, and the ability to roll back a Restore for [14] days where supported. These features help, but cannot prevent every error or data loss.

11.5 Exclusions. We are not responsible for failures or delays caused by:

• Salesforce or AWS outages, limits or changes;
• your configuration, permissions, IAM policies, bucket settings, encryption keys or lifecycle rules;
• changes to your Salesforce Org, such as validation rules, triggers, flows or managed packages that block or alter data;
• use not in line with the Documentation or these Terms; or
• events beyond our reasonable control.

12. Compliance

12.1 Features that support compliance. The Service includes features, such as customer-owned storage, versioning, role-based access and approvals, that can help you meet data retention and protection requirements, including under GDPR, HIPAA, SOX or financial-services record-keeping rules.

12.2 Your responsibility. Using the Service does not by itself make you compliant with any law or standard. You are responsible for configuring the Service, your Salesforce Org and your AWS Account to meet the requirements that apply to you. If you need a Business Associate Agreement or Data Processing Addendum, contact us before processing that data.

12.3 Legal compliance and trade restrictions. Each party shall comply with applicable anti-bribery, anti-corruption, export control and sanctions laws. You shall not use the Service in violation of applicable sanctions, export restrictions or prohibited end-use requirements. We may suspend or terminate the Service where reasonably necessary to comply with applicable law.

13. Intellectual property

13.1 Ours. We and our licensors own the Service, Package, Website and Documentation, and all improvements to them. These Terms give you a limited, non-exclusive, non-transferable license to use the Service during your Subscription Term for your internal business purposes. We reserve all other rights.

13.2 Yours. You own your Customer Data. We claim no rights in it.

13.3 Feedback. We may use any suggestions you give us about the Service without obligation to you.

13.4 Usage statistics. We may collect technical information about how the Service performs, such as license status, version, job counts and error codes. We use it to support and improve the Service. It does not include Customer Data.

14. Confidentiality

Each party will keep the other’s non-public information confidential, use it only for the purposes of these Terms, and protect it with reasonable care and no less care than it uses to protect its own similar confidential information. Confidential information includes Customer Data, Operational Data, product architecture, source code, credentials, security information, pricing, business plans, technical information, non-public Documentation and the terms of any non-public Order.

This does not apply to information that is public through no fault of the receiving party, already known to it without a confidentiality restriction, independently developed without use of the confidential information, or lawfully received from a third party without a confidentiality restriction.

A receiving party may disclose confidential information to its affiliates, employees, contractors, professional advisers and service providers who need to know such information for the purposes of these Terms, provided they are bound by confidentiality obligations or professional duties of confidentiality. A party may disclose information when required by law, a court order or a competent regulatory authority, provided it gives prior notice where legally permitted and reasonably cooperates with the other party to limit the disclosure.

Upon request or termination of these Terms, the receiving party shall return or delete the other party’s confidential information in its possession, except for copies retained to comply with applicable law or in routine system backups, subject to continued confidentiality obligations.

These duties last for five (5) years after these Terms end, and indefinitely for Customer Data credentials, security information and trade secrets for so long as they remain confidential or are protected under applicable law.

15. Warranties and disclaimers

15.1 Our warranty. During a paid Subscription Term, the Service will perform materially as described in the Documentation. If it does not and you tell us within 15 days, we will try to fix it with in 30 days. If we cannot, either party may end the affected subscription and we will refund prepaid Fees for the unused period. This is your only remedy for breach of this warranty.

15.2 Backup limitations. You acknowledge that:

• a scheduled Backup captures data only as it existed when the job ran;
• the Service backs up and restores records, not Salesforce metadata or configuration (such as validation rules, flows, automations, page layouts or code), and some data or record types may not be available through Salesforce APIs or triggers;
• the Service cannot recover changes made before your first Backup;
• dry-run and preview counts are estimates and may differ from the final result;
• a Restore may not reproduce every record ID, relationship, audit field, automation or system value exactly as before; and
• the Service is one part of your data protection plan and does not replace your own testing, monitoring and business continuity planning.

15.3 Disclaimer. Except as expressly stated in these Terms, and to the extent permitted by law, the Service and Website are provided “as is” and “as available”. We disclaim all other warranties, including merchantability, fitness for a particular purpose, non-infringement, and that the Service will be uninterrupted, error-free or prevent all data loss.

16. Limitation of liability

16.1 Excluded losses. To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business or goodwill.

16.2 Data loss. We are not liable for loss or corruption of Customer Data except to the extent directly caused by our breach of these Terms. In that case, our liability is limited to using reasonable efforts to help you recover the data from any available Backup or Archive, subject to Section 16.3.

16.3 Cap. Our total aggregate liability under these Terms or arising out of or relating to the Service, the Website, the Package, any Order, support or Documentation, whether in contract, tort (including negligence), indemnity, statute or otherwise, will not exceed the Fees actually paid by you to us for the affected Service during the Twelve [12] months immediately preceding the first event giving rise to the claim. This cap applies cumulatively to all claims and is not a separate cap for each incident or claim, to the extent permitted by applicable law and subject to Clause 16.4.

16.4 Exceptions. Sections 16.1 and 16.3 do not limit your payment obligations, your breach of Section 8, either party’s indemnity obligations, or liability that cannot be limited by law.

17. Indemnification

17.1 By us. We will defend you against third-party claims that the Service, as we provide it, infringes their intellectual property rights, and pay damages finally awarded or agreed in settlement. This does not apply to claims caused by Customer Data, Third-Party Services, modifications we did not make, or use in breach of these Terms. We may instead modify the Service, obtain a license for you, or end your subscription and refund unused prepaid Fees.

17.2 By you. You will defend, indemnify and hold harmless us our affiliates and our respective directors, officers, employees and contractors from and against third-party claims, demands, actions and proceedings, and related losses, damages, settlements, costs and expenses (including reasonable legal fees), arising from or relating to Customer Data, including allegations of infringement of third-party rights, unlawful processing or breach of privacy or confidentiality obligations; your instructions or decisions concerning the archiving, restoration, deletion, overwriting, retention or encryption of Customer Data; your use of the Service or use by your Authorised Users in breach of these Terms or the law, or your breach of your agreements with Salesforce or AWS, including any breach relating to your accounts, credentials, permissions or security settings. This indemnity also covers third-party claims arising from your failure to obtain necessary rights, notices or consents in relation to Customer Data.

17.3 Process. The indemnified party shall promptly notify the indemnifying party of any claim, with delay excusing liability only to the extent of material prejudice. The indemnifying party may control the defense through competent counsel, except that we may control claims concerning our Service, Package, Website, Documentation, technology or intellectual property. The indemnified party shall reasonably cooperate at the indemnifying party’s expense and may participate through its own counsel at its own cost.

18. Term, suspension and termination

18.1 Term. These Terms apply from when you accept them until all Subscription Terms end.

18.2 Termination. Either party may terminate on written notice if the other materially breaches these Terms and does not cure the breach within 30 days, or becomes insolvent.

18.3 Suspension. We may suspend the Service immediately if your use creates a security risk, breaches Section 8, or must be suspended by law. We will restore access once the issue is resolved.

18.4 Effect of termination. When these Terms end, your license ends, real-time and scheduled jobs stop, and Archive Search stops working. You should uninstall the Package and revoke the Platform’s access to your Salesforce Orgs and AWS Account. Your Backups and Archives remain in your AWS Account and we will not delete them. Fees already due remain payable.

18.5 Operational Data after termination. We will delete stored connection credentials within 15 days after termination, and other Operational Data within [30] days, except where the law requires us to keep it.

18.6 Survival. Sections 4, 7.4, 8, 10 (for amounts due), 13 to 17, 18.4, 18.5, 19 and 21 survive termination.

19. Governing law and disputes

19.1 United States and Canada. If you contract with our US entity, these Terms are governed by the laws of the State of California, USA, without regard to conflict of law rules. The state and federal courts in California have exclusive jurisdiction.

19.2 Rest of the world. If you contract with our Indian entity, these Terms are governed by the laws of India. Disputes not resolved by good-faith negotiation between the parties’ senior management within 30 days after written notice of the dispute will be settled by arbitration by a sole arbitrator mutually appointed by the parties. If the parties fail to agree on the arbitrator within fifteen (15) days after expiry of the negotiation period, the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996, and neither party shall have a unilateral right to appoint the arbitrator. The seat of arbitration will be Faridabad, Haryana India, and the language will be English. The arbitration proceedings and award shall be confidential, except where disclosure is required by law or reasonably necessary to enforce or challenge the award. Subject to this, the courts at Faridabad, Haryana, India have exclusive jurisdiction.

19.3 Urgent relief. Either party may seek urgent interim relief from any competent court to protect its intellectual property or confidential information.

20. Changes to these Terms

We may update these Terms by posting a new version on the Website and changing the “Last updated” date. Changes apply from your next renewal, or earlier if you accept them. If you do not agree to a change, you may choose not to renew.

21. General

Order of precedence. If these Terms conflict with a signed agreement or Order, the signed agreement or Order controls.

Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or a successor to our business.

Force majeure. Neither party is liable for delays caused by events beyond its reasonable control. This does not excuse payment obligations.

Notices. We will send notices to the email address on your account. You must send notices to [legal@360degreecloud.com].

Independent parties. These Terms do not create a partnership, joint venture or agency.

Publicity. We may name you as a customer unless you tell us in writing not to.

Export and sanctions. You will comply with applicable export control and sanctions laws.

Severability and waiver. If any provision is unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver.

Entire agreement. These Terms, your Order, our Privacy Policy are the entire agreement about the Service.

Electronic acceptance. These Terms are an electronic record and are binding when accepted electronically.