Effective Date: April 16, 2026
Welcome to Backblaze. These Terms of Service (“Terms”) are a legal agreement between you and Backblaze, Inc. (“Backblaze”, “we”, “us”, or “our”) and apply to your use of our website and our products and services.
Because Backblaze operates both a public website and subscription-based products, these Terms are structured in parts:
By accessing the Backblaze Site or Service(s), creating an account, or using any other Backblaze products or services, you: (i) are indicating your acceptance of, and agreement to be legally bound by, all of the terms and conditions of these Terms; and (ii) consent to the installation of any software including, but not limited to, scripts, browser plugins, applets, and mobile applications on your computer or mobile device. Certain optional features or data collection preferences may be configured or disabled through your account settings or as described in our Privacy Notice. If you do not agree, you may not use our website or any products or services we offer.
The Site and Service(s) are not intended for children under 13. Backblaze does not knowingly collect personal information from children under 13. If we become aware that a child under 13 has created an account, we will terminate that account and delete any associated data.
IMPORTANT ARBITRATION DISCLAIMER; ARBITRATION AND WAIVER OF JURY TRIAL. THESE TERMS CONTAIN PROVISIONS FOR BINDING ARBITRATION AND WAIVER OF JURY TRIAL. YOUR ACCEPTANCE OF THESE TERMS, INCLUDING ALL APPLICABLE PARTS AND INCORPORATED DOCUMENTS AND MATERIALS, INCLUDES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE PROVISIONS. WHEN ARBITRATION IS INVOKED FOR CLAIMS SUBJECT TO ARBITRATION, YOU AND BACKBLAZE WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION.
This Part A governs over your use of the Site.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to interfere with or attempt to interfere with the proper working of the Site, including through scraping, automated access, or unauthorized data collection. You agree to use the Site in accordance with the Backblaze Acceptable Use Policy.
All content on the Site, including text, graphics, logos, images, and software, is the property of Backblaze or its licensors and is protected by intellectual property laws. All rights are reserved. You may not copy, reproduce, distribute, display, or create derivative works from content on the Site without our prior written consent.
The Site may contain links to third-party websites or services that are not owned or controlled by Backblaze. Your interactions with any third-party site or service are solely between you and the applicable third party and are governed by their respective terms and privacy policies. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, and disclaim all warranty and liability as to the accuracy, completeness, suitability or utility thereof. If you decide to access any of the third-party websites linked to our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.
Our collection and use of personal information through the Site is governed by our Privacy Notice. Please review it carefully.
From time to time, the Site may display or make available content generated using artificial intelligence or machine learning tools (“AI”). Such content is provided “as is” and on an “as available” basis and may contain inaccuracies, and should not be relied on as professional advice. Backblaze makes no representations or warranties regarding the accuracy, completeness, or reliability of AI-generated or automated outputs. You are solely responsible for reviewing and evaluating any outputs and for all decisions, actions, and omissions taken in reliance thereon. Backblaze will not be liable for decisions or actions taken based on such outputs.
The Site is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so these exclusions may not apply to you.
To the fullest extent permitted by law, neither Backblaze nor any of our service providers will be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or business opportunities, arising from or related to your access to or use of, or inability to access or use, the Site, and in no event will Backblaze’s or any of our service provider’s aggregate liability to you under these Terms exceed one hundred U.S. dollars ($100). The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or we were advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
You agree to indemnify and hold harmless Backblaze and its officers, directors, employees, successors, assigns, and agents from any claims, damages, liabilities, losses, actions, judgments, settlements, awards, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Site, or (b) your violation of these Terms applicable to your use of the Site.
These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. Any disputes you have concerning the Site or these Terms will be resolved pursuant to Section 21 of Part B to these Terms.
Any cause of action you may have arising out of or relating to these Terms, our Privacy Notice, or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred. Some jurisdictions do not allow certain limitations on claims so this limitation on bringing any claim or dispute may not apply to you.
Any order form, these Terms and our policies cited in these Terms constitute the entire agreement between you and us. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (a) Partner, Reseller, or MSP Addendum (if applicable), (b) any applicable order forms and (c) these Terms. If any provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Any notice between you and us will be in writing and will be given by email (with delivery confirmation) or by United States certified mail, return receipt requested, postage prepaid. For you, such notices will be sent to the addresses you provided when you set up your account or if applicable, on the order form. For us, 2261 Market Street, STE 81006, Attn: Legal Department, San Francisco, CA 94114 or any updated address provided by Backblaze, legal@backblaze.com or as changed through written notice to the other party.
You may not assign these Terms without our prior written consent of, which shall not be unreasonably withheld. This approval requirement shall not apply in connection with a reorganization, merger or the sale of all or substantially all of your assets or stock or in connection with an assignment to your affiliate. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties’ successors in interest. No waiver of any provision of these Terms shall be a further or continuing waiver of that term.
We may update these Terms from time to time in our sole discretion without notice to you. The “Effective Date” noted here reflects the latest version. Your continued use of the Site after changes take effect constitutes your acceptance.
If you have any questions or concerns about these Terms, please contact us at:
Backblaze, Inc.
2261 Market Street, STE 81006
San Francisco, CA 94114
Email: legal@backblaze.com
This Part B governs over your access and use of the Service(s).
To access our Service(s), you will need to create an account by providing a valid email address and password. Backblaze requires multi-factor authentication (MFA) on all accounts, except where authentication is managed through a third-party identity provider, in which case the authentication requirements of that provider will apply. You are solely responsible for accurately maintaining and safeguarding your account credentials and the security configuration of any authentication method you use to access the Service(s). You will need these credentials — including any authentication factors required — to access your account. For security reasons, we are not obligated to provide you access to your account or your files if you are unable to provide the appropriate account credentials.
Where SMS-based authentication is available for your account type, by providing a phone number in connection with your account, you consent to receiving automated text messages and phone calls from Backblaze (or our service providers) for account verification, authentication, and security alerts. Message and data rates may apply. You may opt out of SMS-based authentication at any time by selecting an alternative authentication method in your account settings. Message frequency varies based on your account activity.
You will act reasonably in preventing any unauthorized access to or use of Service(s), and notify us immediately of any such unauthorized access or use. You will not make any Service(s) available to, or use any Service(s) for the benefit of, anyone other than you, your authorized users, or your organization, unless expressly stated otherwise in an applicable order form or as otherwise agreed to in writing with Backblaze. You are responsible for procuring all services, hardware, desktop software, and other technology necessary to access and use the Service(s) (including, without limitation, Internet access services, data network services, and compliant web browsers) and ensuring that you are maintaining up to date versions of the Service(s) as they are introduced by us from time to time.
You may use the Service(s) only for the number of users, computers, and/or drives expressly permitted under your plan and our documentation. For Backblaze Computer Backup, each account is licensed on a per-device basis and may not be shared or extended to additional computers, drives, or users. Backblaze reserves the right to enforce these limits and to suspend or terminate any account that exceeds its authorized scope.
If your usage of the Service(s) materially exceeds typical usage patterns or otherwise places an undue burden on Backblaze's infrastructure, we may, in our sole discretion, require you to modify your configuration, reduce your data volume, or take other actions necessary to ensure system stability. Backblaze may also suspend, throttle, or terminate service to any account that continues to consume disproportionate resources after notice.
Some aspects or offerings within the Service(s) may be described as “unlimited” or suggest that any part of the Service(s) can be used without limitations or conditions. However, “unlimited” or any referral or suggestion to such strictly refers to you or any authorized accessing and/or using the Service(s) under those circumstances in the ordinary and intended use of the applicable Service(s), as specified in our product descriptions. For example, Backblaze Computer Backup is designed for backup of individual computers and directly attached external drives. “Unlimited” does not permit use in ways inconsistent with the Service’s intended design, including, but not limited to, use with servers, data centers, shared storage systems, or other enterprise infrastructure not expressly covered by the Service(s), as well as using the Service(s) for any illegal or commercial purposes or any other use in violation of these Terms or otherwise outside of the ordinary scope for such use of the Service(s). If we believe you are abusing or using any aspect of the Service(s) not in accordance with this paragraph, we can, in our sole discretion, require you to modify your usage, and if you fail to do so within a reasonable period, suspend or terminate your access to the Service(s) upon notice. We may suspend or terminate access immediately and without prior notice where such misuse (a) violates applicable law, (b) violates the Acceptable Use Policy, or (c) poses a risk to the security, integrity, or performance of the Service(s).
Backblaze software functions best when running the most current release. We regularly deploy updates and will make reasonable efforts to automatically install them to maintain security, reliability, and compatibility with the Service(s). If an automatic update cannot be completed, we will display an alert in your account console identifying the affected computer. You are responsible for keeping your installation reasonably up to date to ensure continued functionality.
We may restrict, disable, suspend, or terminate access to the Service(s) on any device running outdated or unsupported versions of the Backblaze software or operating system. Devices using unsupported or outdated operating systems may be blocked from installing or running new versions of the Backblaze software. To maintain full functionality and continued backups, you are responsible for keeping your operating system and Backblaze software updated to versions currently supported by Backblaze.
Devices that fail to update to a supported version may be unable to complete backups or restore data, and Backblaze is not responsible for any resulting data loss or service interruption. If you encounter issues updating your software, you should manually install the latest version or contact Backblaze Support for assistance.
You can back up, host, store, and share your own files on Backblaze (“Files”). The Files are yours and yours alone. You give us permission to use the Files solely to do what is necessary to provide and improve our Service(s), including storing, displaying, reproducing, and distributing the Files. This permission also extends to trusted third parties we work with to offer the Service(s). We can disclose your files only in the limited circumstances described in our Privacy Notice.
You are solely responsible for the accuracy, quality, and legality of the Files and the means by which you acquired the Files. You are solely responsible for the development, content, and use of the Files you upload to the Service(s) and you assume all risks associated with them, including intellectual property or other legal claims. You represent and warrant that you have all necessary rights to store, use and, if applicable, publicize the Files, and that doing so does not conflict with, violate or misappropriate any third party legal rights, conflict with licenses you have granted to others, violate any applicable law or regulations, or violate any of our Terms or applicable Backblaze policies.
Our Service(s) may allow you to share the Files with others, which is in your sole control and discretion. You are responsible for taking appropriate steps to secure and protect your Files, such as setting up and maintaining the proper configuration and use of our Service(s), as well as using encryption to protect your Files from unauthorized access when and if applicable. You should not include or provide any protected health information or personally identifying information in the names of your Files.
Please be careful about what Files you choose to share. Backblaze does not actively monitor Files you upload, download, or share. However, we reserve the right, in our sole discretion, to remove Files and/or suspend or terminate your account without prior notice if we become aware that your Files or use of the Service(s) violates our Terms, Acceptable Use Policy, or applicable law.
If we are required by a licensor or regulatory authority to remove or block access to your Files, or if we receive notice that your Files may violate applicable law or third-party rights, we may notify you unless we are legally prohibited from doing so. Upon receipt of such notice, you must promptly remove the relevant Files from the Service(s). If you fail to do so, we may block access to, disable, or remove the applicable Files and/or suspend or terminate your access to the Service(s), with or without notice, until the matter is resolved. We assume no liability for Files you store on our Service(s).
Your access and use of our Service(s) must comply with these Terms and applicable Backblaze policies, as well as applicable law, including but not limited to sanctions and export control laws and regulations administered by the Office of Foreign Assets Control (OFAC) and the Export Administration Regulations (EAR), privacy laws, intellectual property laws, and other third-party rights. You are responsible for your organization's and your authorized users' compliance with the same. Authorized users may include your employees, consultants, contractors, agents, and third parties with which you transact business. You are responsible for ensuring that your authorized users comply with these Terms and are made aware of any obligations applicable to their use of the Service(s).
You are responsible for responding directly to requests for information about your users’ use of the Service(s) from law enforcement or another third party. Such requests may include, but are not limited to, search warrants, subpoenas, court orders, emergency disclosure requests, or written consent from any user permitting disclosure of records about the user’s use of the Service(s).
We will make commercially reasonable efforts, unless we are prohibited from doing so by law or court order, to promptly notify you of our receipt of such requests; comply with your commercially reasonable requests regarding your efforts to oppose such requests; and provide you with information or tools required for you to respond to such requests (if you are otherwise unable to obtain the information). If you fail to promptly respond to such requests, we may, but will not be obligated, to do so.
If you create or administer a group account, you represent that you have authority to accept these Terms on behalf of all members and agree that all such members are bound by these Terms. You are responsible for ensuring that all members of your group comply with these Terms. If you use the Service(s) on behalf of a business, organization, or other entity, you must use the Service(s) in compliance with that entity's policies and procedures. If your account is part of an organization managed by a group administrator, that administrator may be able to access, monitor, restrict, suspend, delete, or terminate your account and/or Files stored within your account, depending on the specific services and configuration in place. Backblaze is not responsible for the actions or omissions of any group administrator, and any disputes between you and your organization, or between an organization and its individual users, regarding access to or control of an account are solely between those parties.
Your access to and use of the Service(s) is subject to the Backblaze Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference. You are responsible for ensuring that you and your users comply with the AUP. Backblaze may suspend or terminate your account for violations of the AUP as described therein.
We reserve the right to update the Service(s) from time to time. We will provide commercially reasonable advance notice to you if we believe we are making a material change to the Service(s). In our sole discretion, we may, at any time change, eliminate, or restrict access to our Service(s), and modify, suspend, or terminate a user account upon reasonable notice to you or any user.
Notwithstanding the foregoing, we may suspend, restrict, or terminate access to the Service(s) immediately and without prior notice where we reasonably believe that (a) your use violates applicable law, (b) your use violates these Terms or the Acceptable Use Policy, or (c) such action is necessary to prevent harm to the security, integrity, or availability of the Service(s) or third parties. If you stop paying for our Service(s) or violate any of our Terms or applicable policies, we reserve the right to suspend or terminate your account and may delete your data. Backblaze is not liable for any damages as a result of these actions.
We sometimes release products and features that we are still testing and evaluating, which is called a “Beta Service.” Beta Service may not be as reliable as Backblaze’s other Service(s) and we therefore do not warrant or represent that the Beta Service will achieve any intended result or perform at a certain level. Beta Service are made available in part so that we can collect user feedback. By using our Beta Service, you agree that we may contact you to collect such feedback. Beta Services are confidential until official launch. If you use any Beta Service, you agree not to disclose any information about such services to anyone else without our prior written authorization. Unless otherwise stated, any Beta Service trial period will expire upon the earlier of the trial end date or the date that a version of the Beta Service becomes generally available without the applicable Beta Service designation. We may discontinue Beta Services at any time in our sole discretion without notice to you and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.
Backblaze offers a free fifteen (15)-day trial for our new Computer Backup customers. Backblaze reserves the right to modify, shorten, extend, or discontinue any trial period at any time in its sole discretion, with or without notice. Trial registration and payment requirements, including whether payment information is required at the time of sign-up, are as specified on the applicable sign-up page or the Payments and Refunds page. After the trial period, you will need to provide payment information to continue use of the Service(s). If you do not provide payment after the trial period, we will remove any data you provided and terminate your account.
The Service(s) may contain links to websites, services, and advertisements that we neither own nor control. We do not endorse or assume responsibility for any third-party sites, information, materials, products, or services. Your interactions with any third-party site or service are solely between you and the applicable third party and are governed by their respective terms and privacy policies. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, and disclaim all warranty and liability as to the accuracy, completeness, suitability or utility thereof. If you decide to access any of the third-party websites linked to our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.
Our Privacy Notice and Data Processing Agreement (“DPA”) govern our collection and use of your personal information during your access and use of the Service(s), with the DPA being expressly incorporated into these Terms. Please review those provisions, too. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents for any information or data you provide into or through the Service(s). You are responsible for the storage and use of your files in accordance with applicable data privacy laws, as may be further set forth in the DPA.
We take the security of the Service(s) very seriously. We will maintain administrative, physical, and technical safeguards reasonably designed to protect the security, confidentiality and integrity of the Files in accordance with industry standard security requirements. Files stored using Backblaze Computer Backup are encrypted prior to being sent to us. You will be provided the ability to encrypt data on the B2 Cloud Storage Service using a Backblaze-managed key or you may provide your own encryption key. You are required to implement multi-factor authentication (MFA) on your account(s). For more information about our security measures, see our Account Security webpage.
We strive to keep our Service(s) available for you. Details of our service availability can be found in the Backblaze Service Level Agreement (“SLA”), which is incorporated into these Terms. We also offer customer support options as detailed in the Backblaze Customer Support Plans page. Your sole remedy for any Backblaze failure to meet the requirements under the SLA for the Covered Services (as defined in the SLA) shall be limited to your right to receive the credits set forth in the SLA, provided that you perform all the necessary steps to receive such credits.
Please see Payments and Refunds for how we charge fees and payment terms. All payments are non-refundable unless otherwise noted in Payments and Refunds or otherwise agreed in a separate written agreement or an order form.
Where applicable law provides you with a right to switch data processing service providers, you may initiate the switching process by providing written notice to Backblaze in accordance with the notice period required under such law. Following receipt of such notice, Backblaze will use commercially reasonable efforts to facilitate the transfer of your exportable data within the timeframes required by applicable law. Backblaze will not charge fees that are directly and solely attributable to the switching process, as further specified in the Payments and Refunds page, an order form, or a separate agreement. For clarity, this applies only to switching-specific transfer fees as defined under applicable data portability or switching laws; any other applicable fees, including early termination fees, cancellation fees, or fees arising from the termination of any order form or subscription, remain in effect and are unaffected by this provision.
These Terms commence on the earlier of the date you first accept them, when you create an account, or otherwise when you first access the Service(s), and continue until all subscriptions under these Terms have expired or have been terminated, or, for usage-based Service(s), until your account is terminated in accordance with these Terms.
Subscription-Based Services. For Services purchased on a subscription basis (such as Backblaze Computer Backup), except for any trials or beta tests or as agreed in an order form or a separate agreement, subscriptions will automatically renew at the then-current list price for successive periods equal to the expiring subscription term (e.g., a one-year subscription renews for one year) unless you cancel your subscription prior to the renewal date through your account or as otherwise described in the Cancellation and Account Deletion section of these Terms.
Usage-Based Services. For Services billed on a usage basis (such as Backblaze B2 Cloud Storage), your account will remain active and fees will continue to accrue based on your usage at the then-current rates until you remove all data from the Service and close your account as described in the Cancellation and Account Deletion section of these Terms, or your account is otherwise terminated in accordance with these Terms.
Unless you have a committed contract for a certain term, you can cancel your Service(s) and delete your Backblaze account any time.
Please visit our help center if assistance is needed to cancel your Service(s) and delete your account.
When you cancel your Service(s), we will no longer bill you for the Backblaze account you have canceled except for past due amounts, and any applicable early termination fees, cancellation fees, or other fees. Your account information will remain accessible unless you delete your account. When you delete your account, your account information (email address, for example) will be removed from our active system and you will no longer be able to access your account, including any Files that remain in your account upon deletion.
For violations of these Terms or our Acceptable Use Policy, where practicable, we will provide reasonable notice and an opportunity to cure. However, we reserve the right to suspend or terminate immediately and without prior notice where we reasonably believe your use (a) violates applicable law, (b) poses a risk to the security or integrity of our Service(s) or systems, or (c) exposes Backblaze or our users to legal liability.
Either party may terminate the Service(s), and thereby these Terms, if: (a) one party is in breach and fails to cure such breach within thirty (30) days after receiving written notice from the non-breaching party; or (b) the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
You own all intellectual property rights in your Files and grant us a license to process your Files with our Service(s). We own all intellectual property rights in the Service(s), our trademarks and trade names. No additional rights are granted to you other than as expressly set forth in these Terms.
Backblaze's Copyright Policy complies with the Digital Millennium Copyright Act. For more information, see Backblaze Copyright and DMCA Policy.
If you provide us with any feedback to our Service(s), you grant to us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our Service(s) any feedback provided by you or your users relating to the operation of our Service(s).
You agree to keep any confidential information we share with you confidential, including but not limited to our non-public product information and price lists. You will use the same degree of care, but no less than a reasonable degree of care, that you use to protect the confidentiality of your own confidential information of like kind and not use any confidential information for any purpose outside the scope of these Terms.
Backblaze is provided "as is" and on an “as available” basis without any warranties, express or implied. Except where otherwise prohibited by law, Backblaze disclaims all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Service(s) will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
You agree to indemnify, defend, and hold us, our service providers, and our affiliates and each of their respective officers, directors, employees and agents, harmless from and against all liabilities, damages, fines, penalties, awards, settlements, deficiencies, actions, proceedings, claims, demands, expenses and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claim by a third party against us, our service providers, or our affiliates regarding (a) the Files stored with us by you or your users, (b) your domains, or (c) your or your users’ use of the Service(s) in violation of these Terms.
To the fullest extent allowed by law, neither Backblaze nor our service providers shall be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your access to, use of, inability to access, or inability to use the Service(s); (b) any third party conduct or content on the Service(s), including any defamatory, offensive, or illegal conduct of third parties; or (c) any unauthorized access, use, or alteration of your content. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or we were advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you. (Some states don't allow these limitations, so this provision might not apply to you.) Our total aggregate liability to you under these Terms shall not exceed the total amount paid by you and your affiliates of the Service(s) for the twelve (12) months preceding the first incident out of which the liability arose.
Certain features of the Service(s) may incorporate automated, machine learning, or artificial intelligence-enabled functionality. Any resulting outputs, alerts, recommendations, or other results may be inaccurate, incomplete, unavailable, or not current. Such features are provided on an ‘as is’ and ‘as available’ basis, and Backblaze makes no representations or warranties regarding the accuracy, completeness, reliability, or suitability of any such outputs. Customer is solely responsible for reviewing and evaluating any outputs and for all decisions, actions, and omissions taken in reliance on the Service(s). Backblaze will not be liable for decisions or actions taken based on such outputs.
Mandatory Arbitration: Any dispute or claim ("Claim") arising out of or relating to the Service(s), the information collected through this Site, or these Terms, including any Claim relating to disputes concerning the use or disclosure of information about you or us, disputes concerning communications involving telephones, cell phones, automatic dialing systems, artificial or prerecorded voice messages, text messages, emails, or facsimile machines, such as alleged violations of the Telephone Consumer Protection Act and other statutes or regulations involving telemarketing, and the claim is not resolved through the Pre-Arbitration Dispute Resolution process described below, you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOUR CLAIM MAY NOT BE CONSOLIDATED WITH ANY OTHER PERSON’S CLAIM. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section shall survive termination of your use of the Service(s) or any user account that you may have.
Pre-Arbitration Dispute Resolution: Before commencing arbitration, the parties must first engage in a good faith effort to resolve any Claim by providing a written notice of dispute and participating in an informal dispute resolution conference. The party asserting the Claim must send a written "Notice of Pre-Arbitration Dispute" to the other party containing: the claimant's name, telephone number, mailing address, and email address; a factual description of the nature and basis of the dispute, including the basis and amount of any claimed damages; the amount sought for resolution; and the claimant's original personal signature (digital, electronic, copied, or facsimile signatures are not sufficient). If the claimant is represented by counsel, the notice must also include a signed statement authorizing the other party to share information about the Claim with such counsel. You must provide such a notice within one year after your Claim accrued. Otherwise, you waive the Claim.
Within sixty (60) days of receipt of the Notice, unless an extension is mutually agreed, the parties will participate in an informal dispute resolution conference by telephone or videoconference to discuss the Claim and attempt to reach a resolution, including through mediation if mutually desired. Both you and a Backblaze representative must personally participate unless you and we agree otherwise in writing, though counsel may also attend. Multiple customers may not participate in the same informal dispute resolution conference unless mutually agreed by all parties including Backblaze. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The parties agree that the statute of limitations and any applicable contractual limitations period shall be tolled from the time when a fully complete Notice of Pre-Arbitration Dispute Resolution is received until the completion of the informal dispute resolution conference (or if the parties agree to mediate, until the completion of the mediation). Nothing in this Section prohibits the parties from engaging in informal communications to resolve the Claim at any time.
If you are initiating the Claim, the Notice of Pre-Arbitration Dispute must be clearly marked “Notice of Pre-Arbitration Dispute” and delivered to Backblaze at the following:
Attn: Notice of Pre-Arbitration Dispute
Backblaze Legal Department
2261 Market Street, STE 81006
San Francisco, CA 94114
legal@backblaze.com
If we are initiating the Claim, we will send the Notice of Pre-Arbitration Dispute to your most recent mailing address or email address on file. If any offers of settlement are discussed by the parties, such information about the proposed settlement will not be disclosed in the arbitration.
The Pre-Arbitration Dispute Resolution and informal dispute resolution conference requirements are essential in order to give the parties a meaningful chance to resolve Claims informally. If any aspect of these requirements has not been met, the parties agree that a court can enjoin the filing or prosecution of an arbitration, and, unless prohibited by law, no arbitration provider shall either accept or administer the arbitration or assess fees in connection with such an arbitration.
Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Consumer Arbitration Rules (the “Rules”). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at www.adr.org or by calling the American Arbitration Association at (800) 778-7879. In circumstances in which the Rules provide for an in-person hearing, such hearing will, at your request, take place in the U.S. county (or parish) of your residence, or otherwise in the City and County of San Francisco, California. We will pay the costs that are required to be paid by us under the arbitration rules and procedures, and subject to applicable law, unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose.
These Terms will be governed by the laws of the State of California, except for its conflict of laws principles. For claims that aren't subject to arbitration, we each agree to submit to the personal jurisdiction of a state court located in San Francisco County, California or in the United States District Court for the Northern District of California.
Any order form, these Terms and our policies cited in these Terms constitute the entire agreement between you and us. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (a) a Partner, Reseller, or MSP Addendum (if applicable), (b) the applicable order forms, (c) the policies incorporated by reference herein, including the Acceptable Use Policy, Privacy Notice, Data Processing Agreements, and Service Legal Agreement, and (d) these Terms. If any provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Any notice between you and us will be in writing and will be given by email (with delivery confirmation) or by United States certified mail, return receipt requested, postage prepaid. For you, such notices will be sent to the addresses you provided when you set up your account or if applicable, on the order form. For us, Backblaze, Inc., 2261 Market Street, STE 81006, Attn: Legal Department, San Francisco, CA 94114 or any updated address provided by Backblaze, legal@backblaze.com or as changed through written notice to the other party.
You may not assign these Terms without our prior written consent of, which shall not be unreasonably withheld. This approval requirement shall not apply in connection with a reorganization, merger or the sale of all or substantially all of your assets or stock or in connection with an assignment to your affiliate. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties’ successors in interest. No waiver of any provision of these Terms shall be a further or continuing waiver of that term.
These Terms may be modified from time to time. The date of the most recent revisions will always be at https://www.backblaze.com/company/policy/terms-of-service. If we make changes that we believe will substantially alter your rights or otherwise materially alters these Terms, we will notify you in accordance with applicable law. If you continue to use Backblaze after modifications of the Terms, by doing so you agree to accept such modifications.
We welcome all questions, concerns, and feedback you might have about these terms. If you have suggestions for us, let us know at legal@backblaze.com.
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