Terms of Service

September 5, 2026

1. Agreement and parties

These Terms of Service ("Terms") govern access to and use of the Orathos platform, website, backup agents, APIs, and related services (collectively, the "Service") operated by EVYNUM, a company organized under the laws of the United States ("EVYNUM", "we", "us", or "our"). Orathos is an enterprise backup and disaster recovery multi-tenant software-as-a-service product.

By creating an account, installing a backup agent, starting a trial, or otherwise using the Service, you ("Customer", "you", or "your") agree to these Terms. If you use the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

These Terms incorporate by reference our Privacy Policy, Cookie Policy, Acceptable Use Policy, Security Policy, and Data Processing Agreement where applicable. In the event of conflict between these Terms and a separately executed enterprise agreement, the enterprise agreement controls for the signed customer.

2. Service description

Orathos provides cloud-based backup and disaster recovery capabilities, including encrypted incremental backups, restore workflows, scheduling, monitoring, alerting, and multi-tenant workspace management. The Service may include backup agents that you install on systems you authorize, API access, and optional bring-your-own-storage ("BYOS") configurations that store backup data in storage accounts you control.

We may update, modify, or discontinue features of the Service from time to time. We will use commercially reasonable efforts to avoid material degradation of core backup functionality for paid subscriptions during an active billing period, except for maintenance, security updates, legal requirements, or circumstances beyond our reasonable control.

The Service is not a substitute for your own business continuity planning, offline backups, or independent verification of recoverability. You remain responsible for defining your recovery objectives and validating that backups meet your operational and regulatory requirements.

3. Accounts, eligibility, and customer responsibilities

You must provide accurate registration information and maintain the security of your account credentials, API tokens, and authentication factors. You are responsible for all activity under your account and for actions taken by users you invite to your workspace.

You are solely responsible for: (a) ensuring you have lawful rights to back up, store, transmit, and restore all data processed through the Service; (b) installing backup agents only on systems you own or are expressly authorized to manage; (c) maintaining valid credentials, network access, and storage permissions required for backups and restores; (d) configuring retention, encryption, and access controls appropriate to your environment; and (e) complying with all applicable laws, regulations, and contractual obligations relating to data you back up.

You must promptly notify us at support@orathos.com if you suspect unauthorized access to your account, compromise of credentials, or misuse of backup agents.

4. Subscriptions, trials, and billing

Paid subscriptions, usage-based charges, and add-ons are billed by EVYNUM through our payment processor, Stripe, unless otherwise stated in an order form. By providing payment information, you authorize EVYNUM and Stripe to charge applicable fees, taxes, and recurring subscription amounts.

Unless cancelled before the renewal date, paid plans renew automatically for successive billing periods of the same length as the initial term. Trial periods, promotional credits, and introductory pricing are offered at our discretion and may be modified or discontinued. When a trial ends, continued use may require conversion to a paid plan.

Fees are exclusive of applicable taxes unless stated otherwise. We may change pricing upon reasonable advance notice. Downgrades and cancellations generally take effect at the end of the current billing period unless your plan or order form states otherwise. Non-payment may result in suspension or termination of the Service.

Refund and cancellation terms are described in our Refund & Cancellation Policy, which is incorporated into these Terms.

5. Customer data, BYOS, and multi-tenant isolation

As between you and EVYNUM, you retain all rights in data, files, systems, and content you submit to or protect with the Service ("Customer Data"). You grant EVYNUM a limited, non-exclusive license to host, transmit, encrypt, deduplicate, index, process, and otherwise handle Customer Data solely to provide, secure, maintain, and improve the Service and as otherwise permitted by these Terms.

Where you enable BYOS or connect third-party storage, backup payloads may be stored in infrastructure you designate. You are responsible for the availability, security, configuration, billing, and compliance of that storage. EVYNUM is not responsible for data loss, corruption, or unavailability caused by third-party storage providers, misconfiguration, expired credentials, insufficient capacity, or account suspension by the storage provider.

The Service is designed with logical multi-tenant isolation between customer workspaces. You may not attempt to access another customer's data or tenant environment. You acknowledge that shared infrastructure may be used to deliver the Service efficiently, subject to our security controls and contractual commitments.

6. Backup, restore, and disaster recovery disclaimers

While Orathos is designed to support backup and disaster recovery workflows, we do not guarantee any specific recovery time objective (RTO), recovery point objective (RPO), backup success rate, restore success rate, data integrity outcome, or business continuity result.

Successful backup and restore depend on many factors outside our exclusive control, including agent compatibility, operating system state, application consistency, network connectivity, source system health, storage availability, encryption keys, user configuration, third-party software, and the condition of backed-up data at the time of restore. You are responsible for regularly testing restores and maintaining independent recovery procedures.

The Service is provided for operational convenience and risk reduction, not as an insurance product or guaranteed outcome service. You should maintain redundant backup strategies where your risk tolerance requires them.

7. Acceptable use and restrictions

Your use of the Service is subject to our Acceptable Use Policy. You may not use the Service to back up, store, transmit, or restore illegal content; infringe intellectual property or privacy rights; attack or probe third-party systems; distribute malware; or interfere with the Service or other customers.

You may not reverse engineer, decompile, or attempt to extract source code from the Service except to the limited extent expressly permitted by applicable law. You may not circumvent technical limits, security controls, tenant isolation, licensing restrictions, or API rate limits.

We may investigate suspected violations and take appropriate action, including throttling, suspension, or termination, with or without notice where permitted by law.

8. Confidentiality, security, and support

Each party may receive confidential information from the other. The receiving party will use the disclosing party's confidential information only as necessary to perform under these Terms and will protect it using reasonable care. Our Security Policy describes technical and organizational measures we apply to the Service.

Support is provided through the channels described on https://www.orathos.com or within the application. Unless otherwise agreed in writing, support does not include on-site services, custom development, forensic investigation, or guaranteed response times, except as offered under a separate support plan.

9. Intellectual property

EVYNUM and its licensors own all rights, title, and interest in and to the Service, including software, agents, documentation, branding, and all related intellectual property. No rights are granted except as expressly stated in these Terms.

If you provide feedback or suggestions regarding the Service, you grant EVYNUM a perpetual, irrevocable, worldwide, royalty-free license to use that feedback without restriction or compensation.

10. Warranties and disclaimers

Except as expressly stated in a separate written agreement signed by EVYNUM, the Service is provided "as is" and "as available". To the maximum extent permitted by applicable law, EVYNUM disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that backups or restores will succeed in every scenario.

11. Limitation of liability

To the maximum extent permitted by applicable law, neither EVYNUM nor its affiliates, officers, directors, employees, contractors, or suppliers will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, business interruption, or replacement costs, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, EVYNUM's aggregate liability arising out of or relating to the Service or these Terms will not exceed the total fees paid by you to EVYNUM for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Indemnification

You will defend, indemnify, and hold harmless EVYNUM and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Data or your use of the Service; (b) your violation of these Terms or applicable law; (c) your infringement or misappropriation of third-party rights; (d) installation or operation of backup agents on systems without proper authorization; or (e) your storage provider, infrastructure, or third-party integrations.

EVYNUM will promptly notify you of any claim subject to indemnification and cooperate at your expense. You will not settle any claim in a manner that admits fault by EVYNUM or imposes obligations on EVYNUM without our prior written consent.

13. Suspension, termination, and data retention

You may stop using the Service at any time. We may suspend or terminate access immediately for non-payment, security risk, suspected abuse, legal requirement, or material breach of these Terms.

Upon termination, your right to access the Service ceases. We may delete or disable Customer Data and configuration after a reasonable retention period, except where retention is required by law or an active legal hold. You are responsible for exporting needed data and validating final backups before termination.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Except where prohibited by applicable law, the state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service. Each party consents to personal jurisdiction and venue in those courts.

Before filing a claim, the parties agree to attempt in good faith to resolve disputes informally by contacting support@orathos.com.

15. General provisions and contact

These Terms constitute the entire agreement between you and EVYNUM regarding the Service and supersede prior or contemporaneous understandings on the same subject, except for a signed enterprise agreement. If any provision is held unenforceable, the remaining provisions remain in effect.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets. Our failure to enforce a provision is not a waiver.

Questions about these Terms: support@orathos.com. Website: https://www.orathos.com.