Terms of Service
Viability VDC Vault

Effective date: April 27, 2026 · Version 1.0

Note: these Terms of Service have been prepared in Polish and English. In the event of any discrepancy between the language versions, the Polish version shall prevail (see § 9.4). The Polish original is available at https://viability.pl/regulamin-uslugi-vdc-vault.html.

§ 1. General Provisions

  1. These Terms of Service set out the conditions under which Viability Sp. z o.o. provides the Veeam Data Cloud Vault backup-storage subscription service, and constitute Annex No. 1 to the service agreement entered into between Viability and the Customer.
  2. The capitalised terms used in these Terms of Service have the following meanings:
    • Viability – Viability Sp. z o.o., with its registered office in Wrocław (Poland), entered in the National Court Register under KRS number 0000525760, Tax ID (NIP) 5213679828; contact e-mail: care@viability.pl.
    • Customer – an entrepreneur (a natural person conducting business activity, a legal person or an organisational unit without legal personality) entering into the Agreement in connection with its business activity.
    • Service – a subscription to space on an immutable cloud backup repository known as Veeam Data Cloud Vault, provided by Viability as an authorised reseller of Veeam Software.
    • Service Class – two service variants are available: Foundation and Advanced, differing in reliability level, data-centre locations and limits on data restore from the repository.
    • Capacity – the ordered backup storage space, expressed in terabytes (TB).
    • Billing Period – the time interval selected by the Customer (monthly, quarterly, half-yearly or yearly) for which the Customer pays the fee in advance.
    • Order – an electronic form completed by the Customer on the Viability website, constituting an invitation to enter into the Agreement.
    • Agreement – the service agreement concluded between Viability and the Customer in the manner set out in § 3.
  3. These Terms of Service apply solely to business-to-business (B2B) relationships. The Customer is not entitled to consumer rights under the Polish Act of 30 May 2014 on Consumer Rights.
  4. The Terms of Service are made available to the Customer prior to the conclusion of the Agreement and form an integral part thereof.

§ 2. Service Conditions

  1. Viability provides the Service as an authorised reseller of the Veeam Data Cloud Vault platform. The Service infrastructure is hosted by Veeam Software Group GmbH acting as a technical sub-processor and cloud operator.
  2. Under the Service the Customer obtains access to an immutable backup repository compliant with the WORM (Write Once, Read Many) principle, protecting data against modification and deletion for the duration of the configured retention period (GFS).
  3. The location of data storage depends on the selected Service Class:
    • Foundation – the Customer selects a country of data storage from the available locations (Core Regions): United States, Germany, Ireland, the Netherlands, France, Italy, the United Kingdom, Switzerland, Canada, Australia, Singapore, Hong Kong, India, Israel, Sweden, Japan, Brazil, the United Arab Emirates, the Republic of South Africa.
    • Advanced – the Customer selects a specific geographic region from a wider pool of locations (Core Regions): Central US, East US, East US 2, South Central US, West US 2, Germany West Central, North Europe, West Europe, France Central, Italy North, UK South, Canada Central, Canada East, Australia East, Southeast Asia, East Asia, India Central, South India, Sweden Central, Japan East, Japan West, Brazil South, South Africa North, South Africa West.
  4. Free data transfer (Storage Egress) allowance, depending on the Service Class:
    • Foundation – free download of up to 20% of the ordered Capacity per month; transfer above this limit is billed in accordance with Viability's then-current price list.
    • Advanced – unlimited restore at no additional charge.
  5. Minimum technical requirements on the Customer's side:
    • Veeam Backup & Replication software, version 12.3 or newer, with a valid licence permitting the use of a cloud repository,
    • Internet connectivity allowing communication with the S3-compatible endpoint exposed by the Service.
  6. The availability level and the detailed SLA parameters of the Service are defined in the Veeam Data Cloud Vault Service Agreement. Viability does not provide any separate SLA guarantees beyond Veeam's commitments arising from that document.
  7. The Customer acknowledges that:
    • the Service constitutes an additional layer of data protection and does not replace the Customer's local backup,
    • immutability covers only data effectively transmitted to the cloud repository of the Service; data not copied to the repository is not protected,
    • the Customer bears sole responsibility for the proper design of the retention policy and backup schedule. Setting overly long retention times will affect Capacity demand, and therefore the cost of the repository.

§ 3. Placing Orders

  1. An Order may only be placed by an entrepreneur holding a valid:
    • NIP number – for entities established in Poland,
    • EU VAT number – for entities established in other European Union Member States,
    • appropriate Tax ID – for entities established outside the EU.
  2. The Order is placed via the electronic form available on the Viability website. While placing the Order the Customer:
    • provides company data (for Polish entities, identification data is verified automatically against the GUS register based on the NIP number),
    • selects the Service Class, Capacity and Billing Period,
    • accepts these Terms of Service and the Privacy Policy available at https://viability.pl/en/privacy-policy.html.
  3. Completing and submitting the form constitutes solely an invitation to enter into the Agreement within the meaning of Article 71 of the Polish Civil Code, and is not equivalent to the conclusion of the Agreement, nor to an offer being made by Viability within the meaning of Article 66 of the Polish Civil Code.
  4. Upon receipt of the Order, the system automatically sends the Customer a confirmation that the Order has been received for review, together with an Order number (Order ID). Such confirmation does not constitute acceptance of an offer or the conclusion of the Agreement.
  5. Viability contacts the Customer to finalise the Order (conclude the Agreement, issue a pro-forma invoice and agree on access details) within 2 business days of receiving the Order.
  6. The Agreement is concluded upon the cumulative fulfilment of the following conditions:
    • written (or electronic) confirmation of acceptance of the Order by Viability, and
    • payment by the Customer of the pro-forma invoice within the deadline indicated in § 4(5).
  7. Once payment is recorded, Viability provisions the Service account and provides the Customer with access details in the form agreed in the Agreement.

§ 4. Pricing and Payments

  1. All prices shown in the Service calculator on the Viability website are net prices in PLN, applicable on the date the Order is placed.
  2. The fee for the selected Billing Period is payable in full and in advance. The following discounts are applied to the monthly price for longer Billing Periods:
    • monthly – no discount,
    • quarterly – 3% discount,
    • half-yearly – 5% discount,
    • yearly – 8% discount.
  3. The invoice is issued in:
    • PLN + 23% VAT – for Customers established in Poland,
    • EUR or PLN – for Customers established in other EU Member States (with the application of the reverse-charge VAT mechanism in accordance with Article 196 of Directive 2006/112/EC) or outside the EU; the currency and the exchange rate are agreed in the Agreement.
  4. Where the invoice is issued in EUR, the EUR/PLN exchange rate is based on the average rate of the National Bank of Poland (Table A) on the date of invoice issuance, unless the Parties agree otherwise in the Agreement.
  5. The PLN price applies for the entire paid Billing Period. Upon renewal for the next Billing Period, Viability is entitled to increase the PLN price if the average EUR/PLN exchange rate of the National Bank of Poland (Table A) on the date of issuance of the renewal invoice has risen by more than 5% compared with the rate on the date of issuance of the previous invoice (or, at first renewal, the date of the original Order). Viability informs the Customer of any planned price adjustment at least 14 days before issuing the renewal invoice. A Customer who does not accept the changed price may decline renewal in accordance with § 7(3).
  6. The payment term for a pro-forma invoice is 7 days from the date of its issuance. Failure to pay the pro-forma invoice within that term is treated as the Customer's withdrawal from the Order.
  7. The Service is not renewed automatically. Before the end of the current Billing Period, Viability sends the Customer a query as to whether the Customer wishes to continue the Service. Lack of renewal confirmation by the Customer results in the Service expiring at the end of the paid Billing Period.

§ 5. Complaints

  1. The Customer may submit a complaint regarding non-performance or improper performance of the Service within 7 days of detecting the defect, by sending an e-mail to help@viability.pl. The complaint should contain:
    • the Order or Agreement number,
    • a description of the identified defect or irregularity,
    • the Customer's expectation.
  2. Viability reviews the complaint and provides the Customer with a response within 7 business days of receiving it.
  3. The response to the complaint is sent to the Customer's e-mail address indicated in the Order or in the Agreement.
  4. Submitting a complaint does not release the Customer from the obligation to pay the Service fees on time.

§ 6. Liability

  1. Viability is responsible for properly making the Service available in accordance with the parameters specified in the Agreement and these Terms of Service.
  2. The aggregate liability of Viability towards the Customer for any and all claims related to the Service, regardless of the legal basis of the claim, is limited to the net fee paid by the Customer for the current Billing Period in which the damage occurred.
  3. Viability shall not be liable for:
    • indirect damages, lost profits, lost revenue or interruptions in the Customer's business operations,
    • loss of or damage to data which occurred on the Customer's side prior to its transmission to the Service,
    • consequences of the Customer's incorrect configuration of the retention policy, backup schedule or Veeam Backup & Replication settings,
    • unavailability of the Service or breach of SLA parameters resulting directly from acts or omissions of Veeam Software as the operator of the cloud infrastructure, beyond the scope of claims to which Viability is entitled against Veeam under the Veeam Data Cloud Vault Service Agreement,
    • damages resulting from force majeure, including: natural disasters, acts of terrorism, failures of third-party network infrastructure, decisions of public authorities.
  4. The Service provides protection against modification and premature deletion of data, provided that the data has been effectively transmitted to the repository. Backups that have not been fully copied to the Service's repository are not protected.

§ 7. Termination and Cancellation

  1. The Agreement is concluded for the Billing Period selected by the Customer. The minimum Billing Period is 1 month.
  2. The Customer is not entitled to a right of withdrawal under the Polish Act on Consumer Rights, since the Agreement is concluded exclusively between entrepreneurs and is directly related to the business activity carried out by the Customer.
  3. The Customer may decline to renew the Service for the next Billing Period by informing Viability via e-mail to care@viability.pl no later than 7 days before the end of the current Billing Period. The fee paid for the current Billing Period is non-refundable.
  4. Viability may terminate the Agreement with immediate effect in the event of:
    • a material breach by the Customer of the provisions of the Terms of Service or the Agreement,
    • failure to pay the Service renewal invoice within the specified deadline,
    • use of the Service for purposes contrary to law.
  5. Following expiry or termination of the Agreement, the Customer is entitled to a 30-day grace period, during which data stored in the Vault remains available for read and export only. After the grace period elapses without action, the data is permanently deleted.
  6. Viability informs the Customer about the upcoming end of the grace period at least 7 days before the planned permanent deletion of data, to the e-mail address indicated in the Agreement.

§ 8. Personal Data

  1. The controller of personal data of persons representing the Customer or designated as contact persons is Viability Sp. z o.o.
  2. Personal data is processed for the purpose of concluding and performing the Agreement, on the basis of Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
  3. Detailed information regarding personal data processing, including the rights of data subjects, is set out in Viability's Privacy Policy available at: https://viability.pl/en/privacy-policy.html.

§ 9. Final Provisions

  1. In matters not regulated by these Terms of Service, Polish law shall apply, in particular the Polish Civil Code.
  2. Any disputes arising out of or in connection with the Agreement shall be settled by the common court having local jurisdiction over the registered office of Viability (Wrocław, Poland). The Parties may agree on a different competent court in the Agreement.
  3. Viability reserves the right to amend these Terms of Service. Viability informs the Customer of planned changes by e-mail at least 30 days in advance. If the Customer does not accept the changes, the Customer is entitled to terminate the Agreement with effect at the end of the current Billing Period by sending the relevant statement by e-mail before the changes take effect. Failure to object within that period constitutes acceptance of the amended Terms of Service.
  4. These Terms of Service have been drawn up in Polish and English. In the event of any discrepancy in interpretation, the Polish version shall prevail.
  5. All communication between the Parties shall be conducted in electronic form (e-mail). Messages sent to the addresses indicated in the Agreement are deemed delivered.

Effective date: April 27, 2026 · Version: 1.0