INFRASCALE CLOUD APPLICATION BACKUP SERVICE TERMS

The Infrascale Cloud Application Backup Service Terms (the “ICAB Service Terms”) may be found at Infrascale Terms of Service under the section entitled “Infrascale Cloud Application Backup (ICAB)” or with a similar heading. Such ICAB Service Terms replace the Infrascale Cloud Application Backup Service Terms to which You previously agreed and govern Your access to and use of the Infrascale Cloud Application Backup (“ICAB”) Service. The ICAB Service Terms supplement and amend the terms of the Customer Agreement (as defined below) in effect between You and Infrascale, Inc. (“Infrascale”). The “Customer Agreement” means the Partner Agreement, Distribution Agreement, Infrascale Customer Agreement or other agreement entered into by You and Infrascale which allows Your use and/or distribution of Infrascale products, or if no such agreement is currently in effect, the agreement set forth at infrascale.com/legal/customer-agreement/ to which You hereby expressly agree. In the event of any conflict between the terms and conditions of the ICAB Service Terms and the Customer Agreement, the terms and conditions of the ICAB Service Terms will govern but only with respect to ICAB.

The terms “Customer,” “You,” “Your” and “Yours” refer to you. The terms “Infrascale,” “we,” “us” and “our” refer to Infrascale. ICAB shall be deemed a “Service”. Capitalized terms used herein without definition shall have the meanings assigned to them in the Customer Agreement.

We may modify the ICAB Service Terms at any time by posting a revised version in the Infrascale Terms of Service, on the Infrascale website, or by otherwise notifying You in accordance with the notice provisions in the Customer Agreement. The modified terms will become effective upon posting or, if we notify You by email, as stated in the email message. By continuing to use ICAB after the effective date of any modifications to the ICAB Service Terms, You agree to be bound by the modified terms. It is Your responsibility to check the Infrascale website regularly for modifications to the ICAB Service Terms. We last modified the ICAB Service Terms on the date listed at the bottom of the Infrascale Terms of Service.