DRAFT — REQUIRES LEGAL REVIEW BEFORE PUBLICATION.
This Disclaimer forms part of the Terms of Service for Storage Studio (the "Software"), published by Techtonic Systems Research and Media LLC ("we", "us", "our"). By using the Software you accept this Disclaimer.
It is set out in plain language as well as in the legal terms that follow, because the Software touches your data on internal and removable storage, and we want you to understand the risks before you accept.
1. Plain-language summary
- Storage Studio moves your files around. Any tool that moves files can lose them under the right combination of bugs, hardware failure, and bad luck.
- The Software runs against an external removable drive. External drives can disconnect, fail, be dropped, be stolen, or be accidentally formatted. The Software cannot prevent any of that.
- The Software is not a backup. It redistributes your data; it does not duplicate it. You must maintain a separate backup (Time Machine, cloud backup, or another encrypted external) of any data you value.
- The Software is provided "as is" with no warranty.
- In any event, our total liability to you is limited. The detailed cap and exclusions are in §3 and §4.
- Some legal protections cannot be excluded by contract — those apply regardless of anything in this Disclaimer (§5).
If you do not accept these conditions, do not use the Software.
2. No warranty
To the maximum extent permitted by applicable law:
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
(a) the implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and quiet enjoyment;
(b) any warranty that the Software will be uninterrupted, error-free, bug-free, secure, or that defects will be corrected;
(c) any warranty that data will not be lost, corrupted, or made inaccessible;
(d) any warranty of compatibility with any particular hardware, macOS version, external drive, file system, or third-party software, except where we expressly publish compatibility on our website.
No oral or written information or advice given by us, our employees, or our agents creates any warranty not expressly set out in these Terms.
3. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall we be liable to you or any third party for any of the following:
(a) indirect, incidental, special, consequential, exemplary, or punitive damages of any kind;
(b) loss of data, loss of files, loss of work, loss of profits, loss of revenue, loss of business, loss of goodwill, loss of reputation, loss of opportunity, loss of use, or any similar loss — whether or not such loss was reasonably foreseeable;
(c) damage to or loss of any hardware, including but not limited to internal SSDs, external SSDs, external NVMe drives, hard disk drives, or removable media, however caused;
(d) the cost of substitute goods, services, or data recovery;
(e) damages arising out of third-party software, services, or hardware, including macOS, file systems, cloud storage providers, or external drive firmware;
(f) damages arising out of your failure to maintain an independent backup.
These limitations apply whether the alleged liability is based on contract, tort (including negligence), strict liability, statute, or any other basis, and even if we have been advised of the possibility of such damages.
4. Cap on liability
To the maximum extent permitted by applicable law, our total cumulative liability to you arising out of or relating to the Software, however arising, shall not exceed the greater of:
(a) the total amount you have paid us for the Software in the twelve (12) months immediately preceding the event giving rise to liability; or
(b) US $100 (one hundred United States dollars).
If you have not paid any amount to us, our liability is limited to US $100.
5. Mandatory rights (carve-out)
Nothing in this Disclaimer excludes or limits liability that cannot be excluded by contract under applicable law, including:
- liability for death or personal injury caused by our negligence;
- liability for fraud or fraudulent misrepresentation;
- any other liability that mandatory law of your jurisdiction protects you against, such as the Australian Consumer Law non-excludable consumer guarantees, the EU/UK Consumer Rights Directive non-conformity remedies (as modified by the Article 16(m) digital-content waiver), the Indian Consumer Protection Act 2019 service standards, and applicable US state consumer-protection statutes.
Where mandatory law gives you a remedy that conflicts with these Terms, the mandatory law applies and the conflicting provision is severable to that extent only.
6. Maintain your own backup
Storage Studio is a manager, not a vault. It moves your files between volumes. It does not duplicate your data. If the destination volume is lost, dropped, formatted, or fails, the data on it is lost.
You agree to maintain an independent backup of any data of value, using a tool other than Storage Studio — for example Time Machine, a second external drive rotated off-site, or a cloud backup service. We strongly recommend the 3-2-1 rule: three copies, on two different media, with one off-site.
7. Indemnity
You agree to indemnify, defend, and hold harmless Techtonic Systems Research and Media LLC and its employees, officers, and contractors from any claim, demand, liability, or expense (including reasonable attorneys' fees) arising out of: (a) your use of the Software in violation of these Terms; (b) your violation of any third-party right; (c) any content you provide that you do not have the right to provide.
8. Severability
If any provision of this Disclaimer is held unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remainder shall remain in full force and effect.
9. Contact
Questions about this Disclaimer: hi@rajneeshmaurya.com.