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Rules governing the use of Dupely’s enterprise data replication platform, liability of the parties, and limitations of responsibility.
Dupely provides a SaaS ecosystem for automated replication, mass indexing, and encrypted backup of distributed databases in hybrid cloud environments. The platform is designed for B2B use only and is not intended for residential or personal data storage.
Services include the Dupely Replication Engine, Dupely Backup Vault, and Dupely Topology Monitor, each governed by the specific terms outlined in the applicable service order.
Customer retains all ownership rights to the data processed through the platform. Dupely does not access, sell, or share customer data except as necessary to provide the services or comply with legal obligations.
Customer is responsible for maintaining the confidentiality of its account credentials and for all activities that occur under its account. Customer must not use the platform to store or transmit any content that violates applicable law or infringes third-party rights.
Dupely will maintain industry-standard security measures, including AES-256 encryption in transit and at rest, immutable audit logs, and automated failover mechanisms. Dupely will notify customer promptly of any security incident affecting customer data.
To the maximum extent permitted by applicable law, Dupely’s aggregate liability for any claim arising out of or relating to these terms or the services shall not exceed the total fees paid by customer in the twelve months preceding the event giving rise to the claim.
Dupely is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or interruption of business, even if advised of the possibility of such damages.
This limitation does not apply to liability arising from Dupely’s gross negligence, willful misconduct, or violation of applicable data protection laws.
Either party may terminate the agreement for convenience with thirty days’ written notice. Dupely may terminate immediately if customer breaches any material term of these terms and fails to cure the breach within ten days of written notice.
Upon termination, customer’s access to the platform will be revoked. Dupely will provide customer with a copy of its data in a standard format within thirty days, after which Dupely will securely delete all customer data from its systems.
Sections 3 (Limitations of Liability), 5 (Modification of Terms), and 6 (Governing Law) survive termination.
Dupely may modify these terms from time to time. Material changes will be communicated to customer via email or through the platform at least thirty days before they take effect.
If customer does not agree to the modified terms, customer may terminate the agreement without penalty within the notice period. Continued use of the platform after the effective date constitutes acceptance of the modified terms.
These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles.
Any dispute arising out of or relating to these terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware, and the award may be enforced in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
For questions about these terms or to send legal notices, contact Dupely’s legal department:
Legal notices must be sent in writing and will be deemed received upon confirmation of delivery.