Terms of Service

1. Agreement to Terms

By accessing or using Capsule Backup ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

Capsule Backup is a service operated by ODYSSEE, a French limited liability company (EURL — Entreprise Unipersonnelle à Responsabilité Limitée), registered in France under the following details:

• Company name: ODYSSEE
• Legal form: EURL (Entreprise Unipersonnelle à Responsabilité Limitée)
• Registered address: 4 rue de Jemmapes, 44000 Nantes, France
• SIREN: 938 322 575
• SIRET: 938 322 575 00029
• RCS: 938 322 575 R.C.S. Nantes (registered 11/12/2024)
• VAT number: FR92938322575
• Share capital: 1 000,00 €
• Activity: Conseil en systèmes et logiciels informatiques
• Contact: support@capsulebackup.com

In these Terms, "we", "us", and "our" refer to ODYSSEE.

2. Description of Service

Capsule Backup provides cloud-based network storage accessible via the SMB3 protocol, designed for use with Apple's Time Machine backup software on macOS. The Service includes:

• Network-attached storage accessible from macOS Finder
• SMB3 encrypted file transfer
• Optional VPN access (WireGuard or OpenVPN)
• Optional IP whitelisting (beta)

3. Account Registration

To use the Service, you must create an account by providing a valid email address, billing address, and payment method. You are responsible for maintaining the confidentiality of your account credentials.

4. Free Trial

New accounts receive a 7-day free trial with full access to the selected plan's storage capacity. No charges are incurred during the trial period. If you do not cancel before the trial ends, your payment method will be charged for the first billing period.

5. Pricing and Payment

All prices are listed in US Dollars (USD). Payments are processed through Stripe. You may manage your billing, payment methods, and invoices through the Stripe Customer Portal.

Plans are available on monthly or annual billing cycles. Annual plans include one free month of service.

6. Cancellation and Refunds

You may cancel your subscription at any time. Upon cancellation:

• Your service continues until the end of the current billing period
• No pro-rata refunds are provided for partial billing periods
• After the billing period ends, your data is permanently and securely destroyed

7. Data Storage and Security

Your data is stored in the region you select during signup (Germany, Finland, or USA). We use SMB3 protocol with mandatory transport encryption. Additional encryption may be enabled through Time Machine's built-in encryption features.

8. Data Destruction

Upon account termination, all data is destroyed using a DoD 5220.22-M compliant 3-pass wipe process. This process is irreversible. We strongly recommend maintaining a local backup before cancelling your subscription.

9. Service Level Agreement

We target 99.9% service uptime, excluding scheduled maintenance. Current service status is available at status.capsulebackup.com.

10. Storage Limits

Each plan has a defined storage capacity. We send email notifications at 80%, 90%, 95%, and 100% capacity utilization. When storage is full, Time Machine backups will fail until space is freed or your plan is upgraded.

11. Acceptable Use

The Service is intended for legitimate backup purposes using Apple's Time Machine software. You may not:

• Use the Service for illegal purposes
• Resell or redistribute the Service without authorization
• Attempt to circumvent storage limits or security measures
• Use the Service to store or distribute malware

12. Limitation of Liability

To the maximum extent permitted by law, Capsule Backup shall not be liable for any indirect, incidental, special, or consequential damages, including loss of data, arising from your use of the Service.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email. Continued use of the Service after modifications constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by applicable law. Any disputes shall be resolved through appropriate legal channels.

15. Apple Disclaimer

Capsule Backup is not affiliated with, endorsed by, or sponsored by Apple Inc. Time Machine, macOS, Finder, and Migration Assistant are trademarks of Apple Inc.

16. Contact

For questions about these Terms, contact us at support@capsulebackup.com.