Legal document 3 of 4

Data Responsibility

LLCServco Drive stores your files on your server, on your hardware, on your network. We never hold your file data, and we cannot recover it for you. Read this document before you deploy.

1. Where your files live

LLCServco Drive is software you install and run yourself. Files uploaded to it are written to storage you own or control, inside your own network. They are not copied to us. They do not pass through a service we operate. We have no console, no key and no back door through which we could read, list, retrieve or restore them.

2. You are the controller and the custodian

Your organisation is the data controller for everything stored in your installation, and the sole custodian of it. You decide what is stored, for how long, by whom it may be accessed, and when it is deleted. We do not make any of those decisions and cannot carry them out on your behalf.

We supply software. We do not supply storage, custody, or a copy of your files.

3. No guarantee of your data

The publisher gives no guarantee whatsoever for the preservation, availability, integrity or recoverability of your data. There is no service level, no retention promise and no restoration service, because there is nothing on our side to restore from.

Each of the following is entirely your organisation's responsibility:

• Backup — taking backups, verifying that they restore, and keeping copies somewhere other than the machine being backed up.
• Disaster recovery — planning for fire, flood, theft, ransomware, accidental deletion and hardware failure, and testing that plan.
• Hardware maintenance — the health of your disks, servers, power and network, and replacing them before they fail.
• Physical security — who can walk up to the machine and what they can do when they get there.
• Staff access — which of your people hold accounts and credentials, what they can reach, and removing that access when they leave.
• Software upkeep — applying updates to the operating system and to LLCServco Drive itself.

4. Encrypted backup to LLCServco is a convenience, not a guarantee

Some licences let you switch on encrypted backup of selected data to LLCServco. Where you enable it, understand exactly what it is and is not.

• It is a convenience feature, not a custody service and not a guarantee.
• It is bounded by the daily quota of your licence, which is [TO BE SET BY THE OWNER] (daily backup quota per licence tier). Data beyond the quota is not transferred that day.
• It depends on your own connectivity. If your link is down, slow, metered or blocked, the transfer does not happen, and we have no way to know what you intended to send.
• We do not warrant that any particular file is present in it, that a backup completed, that it is current, or that a restore will succeed or be complete.
• It is encrypted. Where the encryption keys are held by you, we cannot read the content and cannot help you recover it if you lose the keys.

Treat this feature as a second copy that may or may not be there. It is not a substitute for your own backups, and enabling it does not transfer any part of the responsibility in section 3 to us.

5. Your own legal obligations over the data

You are responsible for complying with every law that applies to the data you store — including data protection and privacy law, confidentiality duties, professional and sectoral rules, records retention requirements, and any restriction on where data may be located or transferred.

That includes having a lawful basis for what you store, honouring the rights of the people the data is about, keeping the records your regulator requires, and reporting breaches to the authorities and to affected people where the law requires it. Because the data sits on your systems, only you can do these things. Our data-protection contact for questions about this document is [TO BE SET BY THE OWNER].

6. Limitation of liability

To the fullest extent permitted by law:

• our total liability arising out of or in connection with the licence, however arising, is capped at the fees you paid to us in the twelve months immediately before the event giving rise to the claim;
• we are not liable for indirect or consequential loss, nor for loss of profit, revenue, business, contracts, goodwill or anticipated savings; and
• we are not liable for loss of, corruption of, or inability to access data — which, as sections 1 to 4 explain, is in your custody and not ours.

Nothing here excludes or limits liability that the applicable law does not allow to be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

7. Governing law

This document is governed by the law of [TO BE SET BY THE OWNER], and the courts of [TO BE SET BY THE OWNER] have exclusive jurisdiction.