Terms of Service
Last updated: June 2025
These Terms of Service (“Terms”) govern your access to and use of Optimum7 Backup Tool (“the Service”), a BigCommerce application operated by Optimum7 (Optimum Web Marketing Consultants LLC, “we,” “us,” or “our”). By installing or using the Service, you agree to be bound by these Terms. If you do not agree, do not install or use the Service.
1. Service Description
Optimum7 Backup Tool provides backup and restore functionality for BigCommerce stores. The Service enables you to create, store, browse, download, and restore backups of your store's data, including products, customers, orders, and other resource types.
The Service is currently provided at no charge. All features — including backup creation, data browsing, download, restore, and scheduled backups — are available to all users. We reserve the right to introduce pricing or modify feature availability in the future with reasonable notice.
2. Eligibility and Account
You must have a valid BigCommerce store account to use the Service. By installing the app, you represent that you are authorized to act on behalf of the store and that you have the legal capacity to enter into these Terms.
You are responsible for maintaining the security of your BigCommerce account and for all activity that occurs through your connection to the Service.
3. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of BigCommerce's terms of service.
- Attempt to reverse-engineer, decompile, or extract source code from the Service.
- Use the Service to access or back up data belonging to stores you do not own or are not authorized to manage.
- Interfere with or disrupt the normal operation of the Service or its infrastructure.
- Resell, sublicense, or redistribute access to the Service without our prior written permission.
- Use automated scripts or bots to interact with the Service in ways not expressly permitted.
4. Data Ownership and Responsibility
You retain full ownership of all data backed up through the Service. We do not claim any proprietary rights over your store data.
You are solely responsible for verifying the accuracy, completeness, and integrity of backups before initiating any restore operation. Backups reflect your store's data at the time the backup was created and may not capture all data if the BigCommerce API returned incomplete or paginated results.
We strongly recommend testing all restore operations on a sandbox or non-production store before applying them to a live production environment.
5. Backup Accuracy Disclaimer
Backups are created by querying the BigCommerce API at a specific point in time. We do not guarantee that backup data is complete, accurate, or free from gaps. Factors outside our control — including BigCommerce API rate limits, pagination behavior, API errors, data changes occurring during backup, and BigCommerce platform outages — may result in partial or imperfect backup data.
The Service is intended as a supplementary data protection tool and should not be relied upon as the sole means of data preservation. You are responsible for independently verifying that your critical data has been captured correctly.
6. Restore Risk Disclaimer
Restore operations write data back to your BigCommerce store via the BigCommerce API and may overwrite, modify, or delete existing store data. Restore operations are irreversible once initiated. We are not responsible for data loss, duplication, pricing errors, inventory discrepancies, broken references, or any other adverse outcome resulting from a restore operation, whether caused by incomplete backup data, BigCommerce API behavior, or your configuration choices.
Orders are backed up for reference only and cannot be restored through the Service. Restoring orders could cause financial data integrity issues and ID conflicts with BigCommerce's records.
7. Limitation of Liability
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT ALL BACKUP OR RESTORE OPERATIONS WILL SUCCEED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPTIMUM7 (OPTIMUM WEB MARKETING CONSULTANTS LLC), ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE THE SERVICE IS PROVIDED FREE OF CHARGE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50.00), TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Indemnification
You agree to indemnify, defend, and hold harmless Optimum7 (Optimum Web Marketing Consultants LLC) and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any restore operation you initiate and its effects on your store data.
9. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted or error-free service. We may perform maintenance, upgrades, or modifications at any time. We are not liable for downtime, data unavailability, or service interruptions caused by third-party services (including BigCommerce, DigitalOcean, and network providers) or by circumstances beyond our reasonable control, including force majeure events.
10. Termination
You may stop using the Service at any time by uninstalling the app from your BigCommerce store.
We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to violation of these Terms or abuse of the Service. Upon termination, your right to use the Service ceases immediately.
11. Changes to These Terms
We may update these Terms at any time. We will indicate the date of the most recent revision at the top of this page. We may also notify you of material changes by posting a notice within the app. Continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree with revised Terms, you must stop using the Service.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law principles. You agree that any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts.
13. Contact Us
For questions about these Terms, please contact us at:
Optimum7 Backup Tool
Email: admin@optimum7.com
Website: www.optimum7.com