Terms of Service

1. Parties

This Agreement is between you (“User,” “you”) and Nuno Fortes, an independent software developer trading as EverKeeping™, based in Portugal (“EverKeeping,” “we,” “us”).

2. Grant of licence

Subject to your compliance with this Agreement and payment of any applicable licence fee, we grant you a limited, personal, non-exclusive, non-transferable licence, revocable only as set out in Section 10, to:

• Install and use EverKeeping (“the Software”) on the number of devices permitted by your licence tier (Free: 1 device; Personal: up to 3 devices; PRO: unlimited personal devices you own or control - this licence is for individual use; commercial deployment across an organisation requires a separate business licence). Personal and PRO licences require activation using a Paddle-issued licence key provided at the time of purchase. Device activations are tracked via Paddle’s licensing system; you may manage and transfer activations through your Paddle account.
• Use the Software solely for your own personal or internal business data backup purposes.

This licence does not include the right to sublicense, sell, transfer, assign, or otherwise commercially exploit the Software or your access to it.

PRO Tier - Subscription and Auto-Renewal. The PRO tier is a subscription that renews automatically at the end of each billing period at the then-current price. You may cancel at any time through your Paddle account dashboard. Cancellation takes effect at the end of the current billing period - your access continues until then. You will be notified in advance of any price change; continued use after a price-change notice constitutes acceptance of the new price. EU customers: by purchasing and accessing the PRO tier immediately upon payment, you expressly consent to waive your 14-day statutory withdrawal right (EU Consumer Rights Directive, Art. 16(m)), as acknowledged at checkout.

Refunds. Our voluntary refund terms are set out in the Refund Policy, which is incorporated by reference into this Agreement. In summary: a 14-day refund window applies to Personal licences and the first PRO charge, where the software does not function as described on this website or in the product documentation. The Refund Policy prevails in the event of any inconsistency between it and this Agreement on the topic of refunds.

3. Restrictions

You may not:

• Copy, modify, adapt, translate, or create derivative works based on the Software.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, except to the extent expressly permitted by applicable law.
• Rent, lease, loan, sell, sublicense, or transfer the Software or any rights in it to any third party.
• Remove, alter, or obscure any copyright, trademark, or proprietary notice on or in the Software.
• Use the Software in any way that violates applicable law or regulation.

4. Intellectual property

The Software - including its source code, object code, design, user interface, documentation, and all associated materials - is and remains the exclusive property of EverKeeping and is protected by Portuguese copyright law (Código do Direito de Autor e dos Direitos Conexos), EU Directive 2009/24/EC on the legal protection of computer programs, and international copyright treaties.

“EverKeeping,” the keeper stack logo, and any other marks displayed in or with the Software are used as trademarks by EverKeeping and may be registered or pending registration. You may not use our marks without our prior written consent. Nothing in this Agreement transfers any ownership of intellectual property to you.

5. Your data and privacy

EverKeeping runs entirely on your computer. We do not collect, transmit, or store your source files, backup data, or destination files on our servers. Your files remain entirely under your control at all times.

If you choose to enable email notifications, your email address is used solely to deliver backup status reports and alerts. It is not sold or shared with third parties for marketing purposes, except as necessary to deliver those communications through our email infrastructure provider.

We process personal data in accordance with the EU General Data Protection Regulation (GDPR - Regulation 2016/679) and applicable Portuguese data protection law. Full details are set out in our Privacy Policy.

6. Updates and continuity

We may provide updates, patches, or new versions of the Software. Updates may be delivered automatically or require manual action. Updated versions are governed by this Agreement unless a new agreement is presented at the time of update.

EverKeeping is a local tool - your files, backups, and configuration always remain on your device and are never locked to our servers. If we were ever to stop distributing the Software, your existing installation would continue to function and we would ensure configuration export remained available.

7. Disclaimer of warranties

The Software is provided “as is” and “as available,” without warranty of any kind, express or implied.

To the maximum extent permitted by applicable law, EverKeeping disclaims all warranties including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.

EverKeeping does not warrant that the Software will operate without interruption or error, or that every backup operation will complete successfully, or that backed-up data will be fully recoverable. You remain solely responsible for verifying that your backups have completed correctly and for maintaining adequate data protection strategies for your critical work.

8. Limitation of liability

To the maximum extent permitted by applicable law, EverKeeping shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, loss of revenue, loss of business, or loss of goodwill, or damages arising from your reliance on the Software as your sole or primary data protection strategy.

Our total aggregate liability to you for any claim arising under or in connection with this Agreement shall not exceed the greater of (a) the total amount you paid for the Software in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) €29.

Some EU member state laws do not permit the exclusion of implied warranties or the limitation of certain damages, so some of the above limitations may not apply to you.

9. EU consumer rights

If you are a consumer resident in the European Union, you have statutory rights that this Agreement does not and cannot affect, including:

• Rights to a conforming digital product under EU Directive 2019/770.
• A 14-day right of withdrawal from the date of purchase for digital products bought online, unless you have already started using the Software and have expressly consented to waive this right at the time of purchase.
• Mandatory rights under the law of your country of residence within the EU.

Nothing in this Agreement limits or excludes those statutory rights.

10. Term and termination

This Agreement is effective from the date you first install the Software and continues until terminated. Your rights under this Agreement terminate automatically, without notice, if you materially breach any of its terms.

Upon termination, you must cease all use of the Software, uninstall it, and delete any copies you control. Sections 4 (Intellectual Property), 7 (Disclaimer), 8 (Limitation of Liability), and 11 (Governing Law) survive termination.

11. Governing law and dispute resolution

This Agreement is governed by the laws of Portugal, without regard to its conflict of law provisions. Any dispute arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the competent courts of Portugal, without prejudice to any mandatory consumer protection rights you have under the law of your country of residence within the European Union.

If you are a consumer in the EU, you may also use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

12. General

Entire Agreement. This Agreement, our Privacy Policy, and the Refund Policy constitute the entire agreement between you and EverKeeping regarding the Software and supersede all prior agreements and understandings.

Severability. If any provision of this Agreement is held to be invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid, and the remaining provisions will continue in full force.

No Waiver. Our failure to enforce any right or provision of this Agreement will not constitute a waiver of that right or provision.

Changes to this Agreement. We may update this Agreement from time to time. We will notify you of material changes through the Software or by email. Your continued use of the Software after the effective date of the revised Agreement constitutes your acceptance of the changes.

Changes affecting existing licences. We will give you reasonable advance notice of any change that materially reduces the features available under your current licence tier or affects your renewal pricing. Price and feature changes take effect for existing licence holders only after that notice period has expired; they apply immediately to new purchases.

Language. This Agreement is written in English. If we provide a translation, the English version prevails in the event of any conflict.

13. Contact

Questions or concerns about this Agreement:

• Email: hello@everkeeping.com
• Legal name: Nuno Fortes, trading as EverKeeping
• Address: Portugal