Backup and retention

1. Purpose and scope

This Backup and Retention Policy, the “Policy,” is issued by Upkyo, the trade name of a Limited Liability Company organized under the laws of the State of New Mexico, USA, company number 6867626, referred to as “Upkyo.” It applies to the data you host on Upkyo services, referred to as “Customer Data,” as well as to account data and technical logs.

It supplements the Terms of Service, the Privacy Policy and the Data Processing Agreement. The processing of personal data is governed by those last two documents.

2. Automatic hosting backups

Web hosting and WordPress hosting plans include an automatic backup taken every hour. Depending on the plan, backups may cover the files, databases and emails hosted on the account.

The exact backup contents, the frequency for other plans and the number of restore points available are shown in the plan description and in the client area. Upkyo may adjust the technical details of backups, including the tools used, without reducing the service level announced for the current plan.

3. A convenience service with no guaranteed outcome

Backups provided by Upkyo are a convenience service designed to help you recover after an incident. They are not an archiving service and come with no guaranteed outcome.

Upkyo does not guarantee that a backup will exist at any given time, that it will be complete, consistent or free of corruption or malware, or that a restore will succeed. A backup may be incomplete, for example if files were being written, if the account exceeds its resources, if files are excluded by the plan or if an outage prevented the backup from running.

To the fullest extent permitted by applicable law, Upkyo is not liable for any loss or corruption of data, or any inability to restore data, whatever the cause.

4. Your responsibility

You remain solely responsible for your data and for backing it up. You must keep regular, complete and up-to-date copies of your files, databases, emails and configurations outside Upkyo services, and make sure you can actually use them.

Take these precautions especially before any risky operation, such as an update, installing an extension, changing plans, a migration or a cancellation. Upkyo backups do not replace your own copies.

5. Restores

Where your plan allows, you can restore a backup yourself from the client area or from your hosting control panel. You can also request a restore by ticket.

A restore replaces some or all of the current data with the data from the selected backup. Data created or changed after that backup may be lost. You choose the restore point at your own risk; when Upkyo performs a restore at your request, it acts on your instructions.

Restore requests are handled within a reasonable time, with no guaranteed timeframe. Some restores may be charged where the plan provides for it; the price will be shown to you before the operation.

6. Services without included backups

Unless the plan description states otherwise, dedicated servers, VPS servers and cloud servers do not include any backup of Customer Data. You alone are responsible for backing them up, for example with the cloud backup add-on or your own tools.

Domain names, SSL certificates, third-party licenses and services, and data stored with third parties are not backed up by Upkyo.

Any technical copies Upkyo makes of its infrastructure to provide high availability or to recover its own systems are not backups for your benefit and cannot be used to restore your data.

7. Cloud backup option

Upkyo offers a cloud backup service that lets you keep copies of your data in a separate storage space. Its features, including available space, frequency and retention period, are those shown in its description and in the client area.

You configure what is backed up unless the plan states otherwise. This Policy, and Section 3 in particular, also applies to that service.

8. Security and location

Backups are stored in data centers located in the European Union, operated by Upkyo’s infrastructure partners.

Upkyo applies appropriate technical and organizational measures to protect backups against unauthorized access, alteration and loss, including access controls, encryption in transit and encryption of backups where the plan provides for it. No security measure is foolproof, and Upkyo does not guarantee absolute security.

9. Backup retention period

Backups are kept for a period that depends on the plan and is shown in the client area. When that period ends, the oldest backups are automatically deleted and replaced by newer ones.

A backup deleted at the end of its retention period cannot be recovered.

10. End of service: recovery period, then permanent deletion

When a service ends for any reason, including cancellation, non-renewal, nonpayment or a refund, Customer Data and related backups may remain available for a recovery period, within the timeframes shown in the client area. During that period, you may ask to retrieve your data, provided any amounts due have been paid.

When the recovery period ends, Upkyo permanently deletes the service data and its backups. This deletion is irreversible: no data can be restored afterward, even at your request.

Upkyo may delete data without any recovery period when required by law, by order of an authority, or when the service was terminated for unlawful content, malware or a security risk. You should therefore retrieve your data before your service ends.

11. Deletion on request

You can delete your data yourself using your service’s tools. You can also ask by ticket for your data and backups to be deleted when a service is canceled, without waiting for the recovery period to end.

Such a request is irreversible. Data contained in backups still in rotation may remain until they are automatically deleted; it stays protected and is no longer used. Requests to erase personal data are handled under the Privacy Policy.

12. Technical logs

Upkyo records technical logs, including client area logins, access to services, errors and security events. They are used to operate and secure the services, detect abuse and meet legal obligations.

These logs are kept only as long as needed for those purposes, as described in the Privacy Policy, and are then deleted or anonymized. Access logs generated by your website on your hosting plan are Customer Data and follow the rules of your plan.

13. Legal retention obligations

Upkyo may keep certain data beyond the periods set out in this Policy where the law requires or allows it, including invoices and accounting records, data needed to prevent fraud, data requested by an authority, and information needed to establish, exercise or defend legal claims.

This data is kept only as long as strictly necessary, with restricted access, and is then deleted.

14. Data from closed accounts

When an account is closed, its services are terminated and their data is handled as described in Section 10. Account data, including identity, contact details and order and ticket history, is kept for as long as needed to meet legal, accounting and tax obligations, to handle any disputes and to prevent fraud, and is then deleted or anonymized.

A closed account cannot be reactivated with its former service data.

15. Limitation of liability

The limitations of liability in the Terms of Service apply to this Policy. Upkyo’s total liability is capped at the amounts you paid for the affected service during the 12 months before the event giving rise to the claim, and Upkyo is never liable for indirect damages, including loss of data, revenue or customers.

Nothing in this Policy limits the rights granted to consumers in the European Union by the mandatory laws of their country of residence.

16. Changes and governing law

Upkyo may change this Policy. Any material change will be announced by email or in the client area before it takes effect.

This Policy is governed by the laws of the State of New Mexico and the federal laws of the United States, subject to any mandatory data protection rules that apply. Disputes are resolved as provided in the Terms of Service. This Policy is published in several languages; if the versions differ, the English version controls.

17. Contact

For any question about your backups, a restore or the deletion of your data, open a ticket from your client area or email support@upkyo.com.

Mailing address: Upkyo, 1178 Broadway, 3rd Floor #1249, New York, NY 10001, USA.