Legal
These terms govern your use of Gopher Backup, a Brand of Red 1 Solutions LLC. By using our service, you agree to these terms. Please read them — they are written plainly and without legalese where possible.
Gopher Backup is a cloud backup service, a trade name (DBA) of Red 1 Solutions LLC, a Nevada limited liability company ("we", "us", "our"). We provide software and storage infrastructure that allows you to back up and restore your files. The service is available on the plans and pricing listed at gopherbackup.com.
You must provide accurate information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately at contact [at] gopherbackup [dot] com if you suspect unauthorized access to your account.
We take your security and privacy very seriously. That is why we do not offer password resets for lost or forgotten passwords. Your files are encrypted before they ever leave your device and cannot be decrypted without your login credentials. We do not want a bad actor to be able to reset your password and gain access to your most personal and private files. For this reason, we recommend that you change your password the first time you log in to your account.
We strongly recommend using a password manager, such as Bitwarden (an open-source password manager with a free plan available), to generate, store, and manage strong, complex passwords securely.
While we do have administrative access to your account, we have no reliable way to verify that a password reset request actually comes from you rather than someone impersonating you. Because of this, we do not offer password resets or changes under any circumstances, for any reason. If you lose or forget your password, you will need to cancel your account, open a new one, and back up your files again. NOTE: If you cancel your account and open a new one within 14 days, your previous configuration and backups will still be available, but only if you use the same email address. Even so, we recommend following the 3-2-1 backup strategy: keep 3 copies of your data, on 2 different types of storage, with 1 copy off-site. Gopher Backup provides your off-site (cloud) copy — we recommend also keeping two additional local backups on external drives, stored in a safe place, as a precaution.
Gopher Backup is a subscription service billed monthly or annually depending on your chosen plan. Subscriptions renew automatically at the end of each billing period. You can cancel at any time — cancellation takes effect at the end of the current billing period and you retain access until then.
Prices are as listed on our website at the time of purchase.
Three-year price lock. The rate in effect when your subscription starts will not increase for three (3) years from your subscription start date, provided your subscription remains continuously active. This covers your plan rate and the rate for any additional storage on your account.
If you change to a different plan, the price lock resets and a new three-year period begins at the rate in effect on the date of the change. If your subscription lapses, is cancelled, or is cancelled for non-payment, any subsequent subscription is subject to the pricing in effect at that time.
After the three-year period, we may adjust your rate with at least sixty (60) days' written notice to the email address on your account. Any increase will not apply until your next renewal following that notice period, and you may cancel at any time before a new rate takes effect. This does not limit our ability to set different pricing for new customers.
Payments are processed by Stripe. We do not store your full payment card details.
Free trial. New accounts start with a 14-day free trial. We ask for a payment method at signup but don't charge it until the trial ends. If you cancel before the trial ends, you won't be charged. If you don't, your paid subscription starts automatically and your payment method is charged the plan price. We don't send a reminder before the trial ends, but your account page shows the date billing begins. Cancel before then if you don't want to be charged.
Renewals and cancellation. Subscriptions renew automatically each month or year until you cancel. You can cancel at any time in your account. Cancellation takes effect at the end of the period you've paid for.
Refunds. We don't refund payments unless the law requires us to. We don't refund the unused part of a billing period after you cancel.
Failed payments. If a payment doesn't go through, you have 7 days from the first missed payment to fix it. During those 7 days our payment processor retries the charge automatically several times, and your backups keep running. If it is still unpaid after 7 days, we cancel your subscription. We keep your data for 14 days after we cancel your subscription, which is about 21 days after the first missed payment. After that, your data is permanently deleted and can't be recovered. During the 7 days you can fix a failed payment by updating your payment method in your account. Once the subscription has been cancelled for non-payment, updating your payment method is no longer enough: you sign up again with the same email address, and your previous configuration and backups are restored, as long as they haven't been deleted yet.
Failed-payment emails. We send these emails to the address on your account:
Our emails never ask for your card number or password. To update your payment method, sign in to your account at gopherbackup.com/account. These emails are a courtesy. The 7-day deadline runs from the first missed payment whether or not you receive or read them, for example because one went to spam or the address on your account is out of date. Keep that address current.
Taxes. Prices don't include sales or similar taxes where they apply. We add them at checkout.
Each plan includes the storage amount listed on our pricing page. We will notify you by email when you reach 80% of your included storage. At that point, you will be given the opportunity to increase your storage capacity or upgrade to a larger plan. We do not automatically charge you for additional storage without your confirmation.
Each plan includes a set number of devices and an amount of storage, as shown on our pricing page. All devices on your account share the plan's storage. Synology NAS backup is included in every plan, and a Synology NAS counts as one of your plan's device slots. You can add storage at the add-on price shown when you buy it.
Storage limits. We email you at 80% of your included storage, and again when you reach 100%. At 100%, new backups can't complete until you free up space, add storage, or change plans. You can add storage in 500 GB blocks, or change plans, from your account page. We never charge you for extra storage unless you add it, and we never delete your existing backups to make room.
Version history. We keep earlier versions of your files for 1 year. Older versions are removed automatically.
Fair use. Plans are for backing up your own files for personal, household, or ordinary small-business use. We may ask you to change plans, or limit transfers, if your use puts an unreasonable load on our systems or other customers. Examples are continuous high-volume transfer, or storing data that isn't backup data.
Changing plans. Plan changes take effect right away and are prorated. If the data you are using doesn't fit within a smaller plan's storage, new backups may not complete until you free up space or choose a larger plan.
The Gopher Backup software (the backup client you install on your devices, the web console, and any updates) is licensed to you, not sold. While your subscription is active and paid, we give you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the software on the number of devices your plan includes, only to back up and restore your own data, or your organization's data if you sign up for a business. Each account has one username and one password. If you share your login with anyone, you do so at your own risk, and you are responsible for everything done under it.
You may not, and may not let anyone else:
The software includes components owned by us and by our licensors. Our licensors keep all of their ownership and rights, and you receive only the right of use described here. When your subscription ends, your license ends, and you should uninstall the software. All rights not expressly granted are reserved.
Gopher Backup, the Gopher logo, and related names and designs are trademarks of Red 1 Solutions LLC. These terms give you no right to use them. Other company and product names belong to their owners, and we are not affiliated with or endorsed by them.
The service, the software, and everything we or our licensors provide through them are protected by copyright and other laws. We and our licensors keep all rights in them. Your data is yours, and the only permission you give us is the one described under Your Content.
If you send us feedback or suggestions, we may use them without owing you anything.
Gopher Backup is built on third-party software and infrastructure, including backup software we license, offsite cloud storage, and payment processing. Some of their terms may apply to parts of the service, and we pass on the restrictions they require of us, such as the license restrictions and acceptable use rules in this agreement. The providers we use for your data and payments are listed in our Privacy Policy.
We stay responsible to you for the service as described in these terms. We are not responsible for outages, data loss, or other failures that happen at a third-party provider and are outside our reasonable control, except as these terms say otherwise.
Synology and other third-party names are trademarks of their owners. We are not affiliated with or endorsed by them.
You may use Gopher Backup to back up your own lawfully obtained files, or files you are authorized to back up. You may not use the service or software to:
You are responsible for everyone who uses your account, including household members, employees, and clients.
Enforcement. Your backups are encrypted and we don't routinely look at your files. If we learn of a violation from a report, a legal order, or our own systems, we may investigate, block or remove content, suspend or end your account, and report suspected illegal activity to the authorities as the law requires. We give notice and a chance to fix a problem where that is practical. We may act immediately when a violation is serious, illegal, or threatens security or other customers. Ending an account for a violation does not entitle you to a refund. Report abuse to abuse@gopherbackup.com.
Your backup files belong to you. We store them securely and do not access them except as required for technical support you specifically request. Our full privacy policy is available at gopherbackup.com/privacy.
Your content. Your data stays yours. You give us only the permission we need to store, copy, transmit, and restore it to run the service, including replicating it to our disaster recovery and offsite storage. You are responsible for your data: that you have the right to back it up, that it is lawful, and, if you back up other people's personal information, that you have the consents or legal basis you need. We don't review or screen your data.
Passwords and encryption keys. Your files are encrypted on your device before they are sent to us. We do not offer password resets or changes, under any circumstances, because we have no reliable way to verify that a request really comes from you. If you lose or forget your password, you will need to cancel your account, open a new one, and back up your files again. If you open the new account within 14 days of cancelling, using the same email address, your previous configuration and backups are still available. We recommend changing your password the first time you log in and using a password manager. Keep your credentials safe. If you share your login with anyone, you do so at your own risk.
Your equipment. You are responsible for your devices, your internet connection, and keeping the software up to date. We support the operating systems listed on our download page. A backup only protects the files you've selected on your devices. Please run a test restore from time to time.
Regulated data. Gopher Backup is not designed to hold protected health information, payment card data, or other specially regulated data unless we have first signed a written agreement with you for it, such as a Business Associate Agreement for health data. If you store regulated data without that agreement, you do so at your own risk. Business customers who need a data processing agreement should contact us.
We aim to maintain a reliable service but do not guarantee 100% uptime. Scheduled maintenance will be announced in advance where possible. In the event of a service outage exceeding 24 hours in a calendar month, you are entitled to a prorated credit applied to your next billing period.
We provide support by email and through our support page. We reply to support requests within 4 to 24 hours. We don't guarantee how long it takes to resolve a problem. Support covers the Gopher Backup service and software. It doesn't cover your hardware, operating system, network, or other software. To help diagnose a problem we may ask for logs or screenshots, or for temporary remote access that you choose to grant.
We take backup and redundancy seriously — your data is stored across multiple tiers including local servers, a disaster recovery replica, and offsite cloud storage. However, we strongly recommend maintaining your own independent backup in addition to using Gopher Backup. We are not liable for data loss resulting from events beyond our reasonable control.
You may cancel at any time, as described under Subscription and Payment. We may suspend or end your service if:
Where practical, we email you first and give you a chance to fix the problem. Immediate suspension without notice is for serious or urgent cases.
Your data. While an account is suspended we keep your data, but you can't run backups. After an account ends, whether you cancelled or we ended it, we keep your data for 14 days so you can restore or export it. Then it is permanently deleted and can't be recovered. You are responsible for restoring or exporting what you need before then. If the account ended because of non-payment, the 14 days start when we cancel the subscription, which is after the 7-day payment window. The email we send when a subscription is cancelled for non-payment states the exact deletion date.
What survives. The sections on ownership, the software license restrictions, disclaimers, limits of liability, indemnity, and disputes continue after your account ends.
THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT EVERY BACKUP OR RESTORE WILL SUCCEED, OR THAT NO DATA WILL BE LOST OR CORRUPTED. Some places don't allow these disclaimers, so parts of this section may not apply to you.
You will defend and compensate us, our affiliates, and our licensors and providers, and their officers and employees, against third-party claims, losses, and reasonable legal fees arising from your data, your use of the service in breach of these terms or the law, or your violation of anyone else's rights. We will tell you promptly about any claim and cooperate reasonably in the defense.
Our software and storage licensors may enforce the license restrictions, intellectual property terms, disclaimers, and limits of liability in these terms directly. Nobody else has rights under them.
Our liability to you is limited to the greater of the amount you paid us in the 12 months before the claim and $100. We are not liable for indirect, incidental, or consequential damages, or for lost profits, revenue, goodwill, or loss of data. Some jurisdictions do not allow these limitations, so they may not apply to you. These limits don't apply where the law doesn't allow them, including for our gross negligence or willful misconduct.
We may update these terms from time to time. We will notify you by email at least 30 days before material changes take effect. Continued use of the service after that period constitutes acceptance of the updated terms.
We may disclose or preserve information about your account or data when we believe in good faith that a valid legal process requires it, or that it is needed to protect safety or our rights. Where the law allows, we tell you before we disclose anything.
You may not use the service, or allow anyone else to, if you or they are located in a country under U.S. embargo, are on a U.S. government restricted-party list, or if the use would break U.S. export-control or sanctions law. You confirm that none of those apply to you. You will follow all export laws that apply to the software and your use of it.
These terms are governed by the laws of the State of Nevada, USA. Any disputes shall be resolved in the courts of Clark County, Nevada.
Informal resolution. If you have a problem, email us first at the address under Contact. We will try in good faith to resolve it within 30 days before either of us starts a legal claim.
Neither of us is liable for a failure or delay caused by events beyond reasonable control. These include natural disasters, fire, war, terrorism, civil unrest, labor disputes, power or internet outages, failures of third-party providers, government action, and malicious attacks. We will use reasonable efforts to restore the service.
You must be at least 18 and able to form a binding contract. If you sign up for a business, you confirm you have authority to bind it. Gopher Backup is not for children.
Red 1 Solutions LLC
Email: contact [at] gopherbackup [dot] com
Las Vegas, Nevada, USA