RainDrive | Disaster Recovery as a Service

Legal Disclaimer – RainDrive

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1. Service Identity

RainDrive is a managed data backup and disaster recovery service operated by Indsys Tech Services India Pvt Ltd (“Indsys”).

RainDrive delivers managed backup services to business customers using enterprise-grade backup technologies as part of a managed service model.

2. Scope of Services

RainDrive provides managed data backup, monitoring, and restore assistance in accordance with the subscribed service plan and the applicable Service Level Agreement (SLA).

RainDrive services are separate from standard IT support services.

Backup, data recovery, and disaster recovery are not included in general IT support unless explicitly covered under a RainDrive service agreement.

3. Data Ownership

All customer data remains the sole property of the customer at all times.

RainDrive and Indsys act only as service providers and custodians of backup infrastructure and do not claim any ownership rights over customer data.

4. Access to Customer Data

RainDrive does not inspect, analyze, or use the content of customer backup data.

Access to backup data is restricted to:

  • Authorized restore operations
  • Explicit customer requests
  • Support actions required for service delivery

All access is controlled and logged.

5. Security & Limitations

RainDrive implements industry best practices including encryption, access controls, and monitoring to protect backup data.

However:

  • No backup or security solution can guarantee absolute protection against all threats
  • RainDrive does not guarantee zero data loss
  • Loss of encryption credentials may result in permanent data inaccessibility

Customers are responsible for safeguarding credentials and access permissions.

6. Technology Disclaimer

RainDrive delivers services using enterprise-grade backup technologies, including platforms based on Vembu, as part of a managed service model.

RainDrive is an independent managed service provider and is not responsible for limitations inherent to third-party technologies beyond reasonable control.

7. Customer Responsibilities

Customers are responsible for:

  • Providing accurate system and environment information
  • Maintaining supported operating systems and configurations
  • Ensuring network connectivity for backup operations
  • Notifying RainDrive of infrastructure or workload changes

RainDrive shall not be responsible for failures caused by unsupported changes or incomplete disclosures.

8. Limitation of Liability

To the maximum extent permitted by law:

  • RainDrive and Indsys shall not be liable for indirect, incidental, or consequential damages
  • RainDrive is not responsible for business losses due to downtime, cyber incidents, or data corruption beyond agreed scope
  • Liability, if any, is limited to the fees paid for the affected service period, as defined in the SLA

9. Compliance & Data Protection

RainDrive and Indsys comply with applicable Indian data protection laws, including the Digital Personal Data Protection (DPDP) Act, 2023.

Customers remain responsible for determining whether RainDrive services meet their industry-specific regulatory obligations.

10. Force Majeure

RainDrive shall not be held liable for service interruptions caused by events beyond reasonable control, including but not limited to natural disasters, power failures, network outages, government actions, or third-party service disruptions.

11. Governing Documents

This Legal Disclaimer must be read together with:

  • Service Level Agreement (SLA)
  • Terms of Service
  • Commercial agreements (if any)

In the event of conflict, the SLA and executed agreements shall prevail.

12. Governing Law & Jurisdiction

This Legal Disclaimer is governed by the laws of India.

Jurisdiction shall lie with courts applicable to the registered office of Indsys Tech Services India Pvt Ltd.

13. Contact Information

For legal or service-related queries: support@indsystech.com | www.raindrive.net