Last update: December 23rd, 2021
Akeeba Ltd (referred to as "we", "us", "Akeeba" or "Company") is a software development company. Our Company provides software download and support services for a fee, collectively called "subscriptions". All of our services are provided through the web site https://www.akeeba.com, hereforth called "the Site" or "our site".
Akeeba Ltd is a limited company registered in the Republic of Cyprus with the purpose of providing software and services related to it, with registration number HE307966 and registered address Metochiou 51, IONIA building, flat 303, Egkomi, 1101 Nicosia, CYPRUS.
Acceptance of the software license
By downloading and/or installing our software on any site you explicitly agree to the terms of its license, GNU General Public License version 3 or, at your choice, any later version published by the Free Software Foundation. A copy of the license is included with our software. If you did not receive a copy of the license please refer to the License page on our site or use the Contact Us page to request an electronic copy of the license.
Installation and usage limits
Our software does not have any installation or usage limits. You can install it on as many sites, domains or servers as you please without additional charges.
Our software will keep working even after the subscription you used to download it expires. However, if your subscription expires you will not be able to download it again (even a version you had already downloaded in the past), download / install updates or request support for it.
Please note that we cannot guarantee compatibility with versions of third party software (e.g. PHP, Joomla, Apache, ...) or API versions of third party services (e.g. Amazon S3, OneDrive, Google Drive, ...) which were not already officially supported by us for the version of the software you downloaded. Moreover, we cannot guarantee that our software is error-free. The implication is that if you keep on using an older version without updating it there will come a time when it will no longer work correctly or at all, either in parts or in full. Having a current subscription and installing updates is really the only way to ensure reasonable, continued operation of the software.
Using our software on your clients' sites
Our software and licensing were made with web site agencies and freelance site developers in mind. We try to keep your costs low and predictable and give you flexibility. To this end, you are permitted to install and use the software on your clients' sites.
If the end user who will be using our software is not you, you must state the following three points to the end users (typically, your clients):
- The end users are not clients of Akeeba Ltd.
- All requests for support and updates must go through you.
- If they would rather receive support and updates from us directly they can always purchase a subscription directly from us.
You are encouraged, but not required, to use the Add-on Download IDs feature of our site to create a different Download ID per client site you install our software on. This allows you to revoke your clients' access to our software updates should they decide to discontinue their business relationship with you.
Scope of provided services
Akeeba Ltd offers two types of services: downloads and support.
Downloads are further divided into free-of-charge downloads, available to non-registered users, and for-a-fee downloads, available only to subscribers. Access to the former is provided unconditionally to anyone who can access our site through the Internet. The latter are provided only to qualifying subscribers, if they are logged in, and only for the term of their subscription. As soon as your subscription expires you will have no access to any of the for-a-fee downloads, even for those items which were already published or made available during your subscription's term.
Support services are provided to qualifying subscribers only and only if they are logged in. Likewise to our download services, support services are provided only for the term of your subscription. When your subscription expires you will not be able to file any replies to your existing tickets (even if support provisioning was already underway) or new tickets. Moreover, private tickets will no longer be available for you to read.
In simple English: when your susbcription expires you can no longer download any of the for-a-fee software including any version published in the past, versions already in your posession or updates published any time before or after the expiration of your subscription. Moreover, you no longer have access to our support services.
Our services are provided as-is, without any warranty whatsoever. The exact terms of our software license can be read by following the "License" link at the bottom of any page of akeeba.com. Regarding the support services, we can not guarantee the validity or veracity of any provided information or suggestion.
THE SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF AVAILABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY AND PERFORMANCE OF OUR SERVICES IS WITH YOU. SHOULD ANY OF OUR SERVICES PROVE INEFFICIENT OR UNSUITABLE, YOU ASSUME THE COST OF ALL NECESSARY ACTIONS TO RECTIFY THE ISSUE.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW AKEEBA LTD, ITS OWNERS, STAFF, ASSOCIATES OR ANYONE AFFILIATED WITH ITS MAINTENANCE, OPERATION OR HOSTING BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF OUR PROGRAMS TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Should the applicable law hold Akeeba Ltd, its owners or any party affiliated with it liable for damages, the maximum amount of damages acknowledged shall be no higher than 5 Euros. Shall any dispute arise between Akeeba Ltd and a third party, the only applicable jurisdiction is the Courts of Law of Nicosia, Republic of Cyprus.
If you do not agree with these Terms, you are not allowed to use our services. Moreover, any use of our services implies the unconditional and immediate acceptance of the aforementioned terms, waiving your legal rights to uphold them. Acting in violation of these Terms of Service immediately terminates the business relationship between you and Akeeba Ltd.
Criteria for being classified as a natural person or business for the purposes of refunds
If you have made a purchase and received a receipt instead of an invoice, have not converted your receipt for an invoice, and only use the software for personal, non–commercial use you are considered a natural person. In all other cases you will be considered a business for the purposes of refund consideration.
Limited scope of refunds
Refunds are only granted in the following cases:
- You are a natural person and have not made use of our services in any way within 30 calendar days (inclusive) from the start date of your subscription.
- You are a natural person or business having purchase a renewal, requesting a refund at least one calendar day before the expiration of the perviously active subscription or 30 days after your purchase, whichever comes first.
- You are given a discretionary refund by a company official (Director) either in a support ticket reply or in an email reply from an official email address of our company.
In all other cases no refunds will be granted.
Consent on the software's capabilities
When you are subscribing to our software you are explicitly stating that you accept these Terms of Service. This is understood as providing your explicit and unreserved consent on having been fully informed about the software's capabilities and requirements by a. reading the marketing material and its documentation; b. having submitted a pre-sales request through our site's Contact Us page where you truthfully and completely explained your intended use case and received a reply from a company official; c. by having used the free of charge version of the software (if applicable); or a combination thereof. Akeeba Ltd does not accept responsibility for your actions, mistakes or omissions including but not limited to errors in comprehension, assumptions and purchases made on the basis that a feature not explicitly mentioned would be implemented upon your request. Refund requests on these grounds will be rejected with prejudice.
Applicable law for refunds to natural persons (not businesses)
In compliance to EU directives, if you are a natural person (not business) you are entitled to 30 calendar days of "cool-off" period. If within those 30 calendar days you have not used our services (as clarified below) you are eligible for a full refund of your purchase, no questions asked. This "cool-off" period is provided in accordance to Article 6, §1 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts and the Directive 2011/83/EU which replaces it.
However, if you have made use of our services you are not eligible for a refund, even in the first 30 calendar days according to Directive 2011/83/EU, Article 16, §m which states: "the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal."
Explicitly: when you click on a software download link, or use any method provided by your web server / CMS to initiate such a download (including but not limited to installing updates via Live Update and Joomla! extensions update), or request software support from us through our ticket system you are giving us your express and unreserved consent to begin the provisioning of the software download and support service you have purchased from us, waiving your right of withdrawal from the subscription contract, making you ineligible for a refund. For more information you may also want to read: http://europa.eu/rapid/press-release_MEMO-11-450_en.htm?locale=en
Clarification for the software download service: Most of our software comes in two editions, a free of charge Core edition and a subscription-based Professional edition. For these software we consider our software download services to have been provisioned only when you download the subscription-based Professional edition. Downloading the free edition of our software or any other item which is made available to the general public without the need for an active subscription (e.g. documentation) does not constitute performance of our download service. For example, if you have a subscription to Akeeba Backup for Joomla! Professional but you have only ever downloaded Akeeba Backup for Joomla! Core and its documentation then your right to withdrawal is not affected.
Clarification for the software support service: Performance of the software support service begins at the exact time you submit a support ticket or a reply to an existing support ticket. Pre-sales requests, invoicing / transaction questions, user account (logging in) questions and communication through e-mail or the Contact Us page does not count towards the performance of the software support service. These are communications provided outside the scope of the software support service.
Applicable law for refunds to business clients
For business clients the applicable legal document for considering refunds are a. these Terms of Service which have the place of a contract; and b. the software license.
Selective eligibility of renewal purchases for refunds
This section applies to all clients, regardless of whether they are a natural person or a business.
You can request a refund for a purchased renewal as long as all of the following conditions are met:
- You purchase the exact same type of subscription as you had before. In case we discontinue that subscription type we will consider a new purchase to be a renewal if it gives you access to at least the same number of subscription-only software as your previous subscription.
- You request the refund up to one calendar day before your previous subscription's suspension date or 30 days after your renewal purchase, whichever comes first.
- If you have purchased a renewal within 30 days before the suspension date of your previous subscription the previous requirement does not apply. Instead, the following requirement applies: you have neither downloaded nor requested support for the software you are given access to by the purchased renewal and you file a refund request within 30 calendar days of your renewal purchase.
Do not attempt self–correction of purchase mistakes
If you accidentally purchase the wrong subscription or failed to use a valid coupon code you had in possession prior to your purchase please contact us immediately. Do not attempt to purchase the “right” subscription or repurchase the same software with your coupon code.
In the former case you might be given an automatic discount for the second purchase. In this case we will refund the first subscription but reduce the subscription length of the discounted subscriptions proportionally to the discount percentage given. For example, if you were given a 10% discount on a one year subscription its length will be reduced by 1.2 months (10% of 1 year).
In the latter case we will only be able to give you a refund for your purchase where the coupon code was applied.
Chargebacks and payment disputes
If you file a chargeback or otherwise dispute your payment your subscription will be canceled immediately and your access to our site may be restricted.
If you voluntarily withdraw your dispute your subscription will be reinstated after a period of up to 90 days. In this case your subscription time will not be adjusted for the period of time during and after the dispute during which you were unable to access our services.
If you let the dispute process proceed or you withdraw it after our reseller has started handling it we will terminate your user account with prejudice and reject any further subscription purchase from you. In case we discover that you circumvented this measure either yourself or by proxy we will terminate those user accounts without refund.
An active subscription which includes access to support for the software you are seeking support for is a precondition to receiving support. We only provide support to our qualifying subscribers through our site's Support section. Requesting support through any other means (such as but not limited to our contact form, email, social media or in person) is not acceptable.
Purchasing a subscription on our site does not constitute a service level agreement. All tickets are answered on a "best effort" basis. If you have not received any response within 3 (three) working days (weekdays excluding bank holidays in our country and posted unavailability dates), please use the Contact Us page to let us know of the issue.
Our working hours are posted on the Support page of our site, towards the bottom part of the page. In most cases you can file a ticket outside our working hours but you should have no reasonable expectation to receive a reply outside of them. Kindly keep in mind that your support requests are answered by the same developers who write and maintain the software. This means that you get accurate replies to your requests by the most qualified people to answer them, resulting in a solution you can apply, at the expense of response time. We consider it far better than getting a nearly immediate but low quality reply which does not resolve your issue. If you wish to get an immediate response please search our public support tickets and our Troubleshooter documentation. This is the same resources a non-developer support technician would use.
We reserve the right to deny support in cases where the root cause is beyond our control or has already been addressed, including but not limited to:
- You are requesting support for specific software but you do not have a currently active subscription which includes access to the support of said software.
- Older versions of our software. Support provisioning for older versions is limited to usage and configuration instructions, not bug fixes or feature requests (the latter are only provided for new versions).
- When your server environment does not meet the published minimum requirements of our software (see the Compatibility page of our site and the documentation). This also applies when your outdated environment restricts you into using an older version of our software which cannot be fully supported.
- When you have modified the code files of our software or the environment it's running in (including but not limtied to PHP, the database, Joomla, or WordPress) a.k.a. "core hack".
- The root cause lies with your server configuration or other technical measures imposed by your hosting provider and which are outside your and our control.
- The root cause lies with third party software (such as extensions, plugins and scripts) which alter the behaviour of core APIs of your environment in a fundamental way or a way that's beyond reasonable expectations.
- The problem or disruption lies in a third party service provider e.g. a third party storage provider.
- The problem lies in configuration choices you made.
- You are requesting support for more than one issues or software in the same ticket, be it in the same or separate posts in the ticket thread. This also applies if what you said at the beginning of a ticket was not what you meant and you substantially changed the context for support provisioning with your clarifications further on. In the latter case we kindly ask you to file a new ticket, giving us the correct context so our reply can actually make sense.
- You are asking an open-ended question which cannot be reasonably replied to.
In these cases we will try to identify your issue within reason and explain what we believe the problem is and how to seek a solution for it. Please note that when the problem does not originate from our code we cannot provide or apply a technical solution ourselves; your cooperation is necessary in these cases and lack of it will result in us denying further support on this issue.
We cannot provide support not directly related to our software or services. Indicatively, we cannot provide support for the following (not an exclusive list):
- using or configuring your operating system including third party services running on it such as but not limited to Docker
- hosting matters such as file management, PHP setup, web server configuration setup, usage limits
- how to use or configure your CMS / web application (such as but not limited to Joomla!, WordPress, Drupal, etc)
- anything that is not part of the code that has been written by Akeeba Ltd but is part of the software package we distribute from our site such as the third party MaxMind GeoLite database.
We may be unable to provide our support services in the following occasions with the liability lying on the client:
- The request or the conversation is conducted in a language other than English or when the language barrier makes it impossible to provide meaningful support. If you choose to conduct the conversation in a language other than English that one of our developers speaks you may receive much slower support due to tying of the support to the availability of one specific person. If nobody speaks your language at all or well enough we may ask you to switch to English.
- We have asked for access to the affected site / service when we have concluded that the issue cannot be reproduced on any other server under our control but the access is either not provided at all or is impossible after a total of three attempts (initial credentials provisioning and two follow-ups with the client).
- The language of the ticket or one of its replies includes contentious behaviour, foul language, bigotry / racial slurs or otherwise strongly indicates that it is highly unlikely that you are willing to help us resolve your issue in a meaningful and mutually beneficial way. Such tickets may be unpublished or deleted and a warning given. Repeated incidents may result in termination of the offending account without refund. Please bear in mind that we are trying to help you with an issue that's usually not our fault, doing complicated detective work with stark information. Calling us names or displaying irrational behaviour objectively blocks our ability to help you.
- The client does not accept our technical analysis without a meaningful or technically adequate counter-argument, declines to follow our advice in whole or in part, disputes our suitability to provide support (including giving unsolicited lectures on the technologies involved in the issue we are trying to provide support for), declines to provide information deemed necessary to perform troubleshooting, declines to pursue the matter with their host or a third party developer that we have identified as the root cause of the issue or otherwise displays behavior which indicates that they are unlikely to let us provide meaningful support. Such tickets will be closed without further reply and further support for the same issue will be denied. Requesting support from us does not guarantee a solution and we provide no service level agreement whatsoever. Even though we will do whatever is humanly possible for us to help you there are things objectively outside our control -such as limitations of the programming language, restrictions imposed by your ISP / host, technical limitations of your CMS / web application etc- which may prevent us from offering a solution. In these cases we will present you with our technical analysis and tell you who's responsible for the root cause of your issue. At this point you are to accept the issue as resolved from our side. Should you need to pursue this matter with the person, company or organization responsible for the root cause is entirely up to you and we cannot interfere, prevent or help you with this endeavour in any way.
- The client's subscription expired before the conclusion of support provisioning and the client neglected to purchase a subscription renewal or upgrade in time. In this case the ticket will be closed and we will accept a new ticket about the same issue being filed after the client has purchased a subscription renewal or upgrade.
- The root cause of the issue is an assumption or misunderstanding by the client which is not supported by the information in our documentation or a reply to a pre–sales request the client made. This includes but is not limited to features the client thought existed without checking with us and our documentation before making a purchase, the client read about in outdated material including past public tickets or information converted to the client by third parties which are not directly affiliated with or employed by our company.
- The client considers the lack of a feature not explicitly stated in our documentation or the rejection of a feature request as a problem.
We are very careful to not cause any disruption or adverse effect on your sites in the course of our support provisioning. If we have reasonable grounds to believe that our troubleshooting actions may be disruptive or detrimental to your site we will ask for access to a copy of the site and / or a backup archive of your site. However, we assume no responsibility for any issues directly or indirectly caused by our support efforts, as per the "No warrantly" article of this policy.
Fair use policy
Akeeba Ltd believes in software Freedom and strives to provide low cost, high quality services surrounding our software. In order to keep the costs low, without placing artificial restrictions, we have a fair use policy in place. In no event shall we provide support to anyone who is seeking our support for more than three domains per month. This restriction is in place to deter cases of abuse, like a hosting provider buying a single subscription, installing the software on all of his clients' sites and then overflowing our support services with its client's requests. If such behaviour is detected, we will issue a warning and refuse to respond to further support requests. Repeated violations may result in disabling access of the offending account to our support or termination of the account without a refund depending on the gravity of the situation.
Moreover, Akeeba Ltd reserves the right to terminate any account which is suspected in being implicated in unlawful or abusive activity, including –but not limited to– unsolicited mass distribution of our for-a-fee software. Account termination is in the sole discretion of Akeeba Ltd and we reserve the right to not provide any prior warning or further information.
We reserve the right to terminate user accounts (upon fair warning) of users who are submitting the same support requests numerous times to our support ticket system. There are three exceptions. One, if we ask you to do so. Two, if you closed the original ticket before we replied to it. Three, your ticket was closed following your subscription's expiration but you have now purchased a renewal or upgrade. If you believe we closed your ticket in error you are allowed to open another ticket referencing the previous one as long as you provide substantial new information which corroborates the need for further support.
We reserve the right to block or terminate accounts (upon fair warning) of users who submit an excessive amount of support requests.
Actions for content beyond fair use and account termination policy
If the content you submit to akeeba.com is deemed offensive, inappropriate, defamatory, objectionable or in any other way engage in disruptive behaviour we reserve the right to use your personal information to stop such behaviour.
If Akeeba Ltd believes on reasonable grounds that you are in violation of the laws of the Republic of Cyprus, or the European Union directives, we reserve the right to submit your personal information - including the content itself and any other relevant information about you - to the proper authorities, such as law enforcement, your ISP or school email / ISP.
Akeeba Ltd reserves the right to terminate user accounts (free or paid subscribers) when the aforementioned fair use rules are violated. Furthermore, Akeeba Ltd reserves the right to terminate user accounts if the user is posting unsolicited messages (spam), engaged in sites or services promoting the unauthorised distribution of proprietary or other distributed for-a-fee software (warez), directly promoting or linking to resources promoting indecent or unlawful actions, or in any other way trying to disrupt or diminish the quality of the services offered by this site. Account termination takes place without prior notice and is considered final.
Holders of terminated accounts, if they are paid subscribers, will not be refunded. Akeeba Ltd reserves the right to terminate any further user accounts created by the holder of a terminated account, or any other person, business or organisation affiliated with or endorsed by the holder of a terminated account.
Zero bandits tolerance
If you do as much as imply that you are encouraging people to use illegal or unofficial copies of software your account will be terminated without prior notice.
Zero hate speech tolerance
If you express hate speech against any member of our staff or a third person –including but not limited to derogatory comments about their gender, age, disabilities, ethnicity or religion– in any communication to Akeeba Ltd over any medium –including but limited to tickets in our ticket system, contact form on our business or personal websites, email, phone, letter or social media– or communication referring to Akeeba Ltd to any publicly accessible medium –including but not limited to social media, software directory sites and third party forums– we reserve the right to terminate your account without refund and without any prior warning. Furthermore, we reserve the right to block you from purchasing a subscription and / or creating an account, as well as terminate without refund any further accounts you may create even if they are under a different identity we can reasonably trace back to you.
Keep it professional
We ask our clients to remain civil, composed and professional throughout their interaction with our staff. We do understand that when you request support you are stressed and annoyed. We do our best to maintain civil and professional discourse while attempting to help you under less than ideal conditions.
Strong language, sarcasm, personal attacks, “gotcha–isms” (attempts to set up the support staff to ‘prove’ they do not know what they are doing by withholding information or providing inconsistent information), gaslighting and belligerent behaviour in general are not conducive to environment that fosters productive discussion. This kind of unprofessional behaviour will be warned off once before your ticket is closed with prejudice. Repeated behaviour of this kind will result in immediate account termination.
We would kindly request that our clients refrain from using slang or terms like “bro”, “dude” and “fam” in their interactions with our staff.
The responsibility for civil discourse goes both ways. We aim to respond in the way we'd like to be replied to. In case of a very heated or loaded message we may fail to do that — we are only human and apologise. Beyond that, some things we say or do may be misconstrued as unprofessional due to cultural differences. Please read below to avoid any misunderstandings.
We may sometimes use CAPS LOCK TEXT or bold type. You should understand both of these as emphasis (drawing your attention), not shouting. We come from cultures where emphasis is part of the professional setting, conveyed in person with hand gestures and in writing with emphatic text. As a result we do use emphatic text, especially to stress the function word “not” (and its preceding verb or following noun and/or adjective) after a number of unfortunate miscommunications when a client missed that all important three letters in a longer phrase. Further to that, kindly note that references to the documentation, video tutorials or Terms of Service are not given as a punishment or in an attempt to wave you off. We provide this information because it is factually accurate and pertinent to your request; documentation links will help you discover more information and help yourself out of a tight spot in the future as well. Finally, we may occasionally use emoticons or Emoji — typically a smile — to provide context on a line of text which could be read either as benign or berating. Using text for communication does have its disadvantages.
Updates to our Terms of Service
- Sending an email to nicholas at this domain name
- Sending a tweet or a Twitter direct message to @akeebabackup
- Contact us on our Facebook page
- Alternatively, you can use the "Contact Us" link on the bottom of every page of this site.
This section is not part of the Terms of Service (ToS). It records a short summary of the changes made to the ToS document above.
December 23rd, 2021: headers and rearrangement of the refunds policy page to make more sense; explanation of business vs natural person applicability of refund rules; explicitly covering consent on being informed on the software; references to unacceptable support requests due to false assumptions and declined feature requests; removed sections duplicating information already present in preceding sections; added the “keep it professional” and “changelog” sections.