Restorely Terms of Service

Restorely is currently in beta. The product, the backup scope, the restore semantics, the pricing, and the supported Linear features may change as Restorely matures. By using Restorely during the beta period, you acknowledge that Restorely is not a primary backup system, is not a substitute for Linear's own data persistence, and is offered without warranty of any kind. You agree that you will continue to rely on Linear's own data and on any other backup or redundancy strategy you maintain. The beta period ends only when MCKE LLC publishes a "general availability" notice on restorely.io.

Restorely is a service operated by MCKE LLC, an Illinois limited liability company ("MCKE LLC", "we", "us"). "You" or "the customer" means the entity or individual that creates a Restorely account and connects a Linear workspace.

Restorely is offered on monthly subscription plans payable via Stripe. Fees are charged in advance for each monthly billing cycle. Prices may change with at least thirty (30) days' notice via email to the contact on file.

Backup snapshot retention is plan-based: Free retains snapshots for 7 days, Starter for 30 days, Pro for 90 days, and Business for 365 days.

Restorely is sold through self-serve checkout only. MCKE LLC does not offer an enterprise tier, custom contracts, procurement documents, onboarding calls, security questionnaire support, or negotiated purchasing terms.

You may cancel at any time through the Stripe billing portal linked from the dashboard or by emailing hello@restorely.io. Cancellation takes effect at the end of the then-current billing cycle. MCKE LLC does not offer prorated refunds for partial months, failed snapshots, failed restores, or any other reason except where required by law.

You agree not to use Restorely to: (a) back up data you are not legally entitled to back up; (b) attempt to access another customer's data; (c) probe, scan, or test the vulnerability of Restorely without our prior written consent; (d) interfere with the operation of Restorely or the infrastructure it depends on; or (e) violate any applicable law.

You further agree not to use Restorely to back up, transmit, store, or restore any of the following data classes ("Prohibited Data"): (f) protected health information ("PHI") as defined under the U.S. Health Insurance Portability and Accountability Act ("HIPAA") or any analogous law; (g) cardholder data, primary account numbers, or other data subject to the Payment Card Industry Data Security Standard ("PCI-DSS"); (h) classified or controlled-unclassified government data, or data subject to U.S. export-control regimes (including ITAR or EAR); (i) personal data of natural persons located in the European Economic Area, the United Kingdom, or Switzerland intended for processing in those jurisdictions; (j) data of children under 13 (or under 16 where local law applies) subject to COPPA or analogous child-data regimes; or (k) any other data class that requires regulated-industry controls, certifications, or customer-specific legal terms. MCKE LLC does not sign Business Associate Agreements, does not support HIPAA workloads, and does not permit regulated data in Restorely. The customer represents and warrants that no Prohibited Data will be present in any Linear workspace the customer connects to Restorely. The customer assumes all risk and liability arising from any breach of this representation, and the indemnification obligation in §13 applies in full to any claim, fine, penalty, settlement, judgment, or defense cost arising from Prohibited Data being connected to, processed by, transmitted through, stored by, or restored through Restorely.

The customer further represents and warrants that: (l) the customer's use of Restorely complies with Linear's then-current terms of service, developer terms, API terms, and acceptable-use policy; (m) the customer has obtained all authority required under Linear's policies and under the customer's own internal policies to grant Restorely the OAuth scopes the customer grants; and (n) the customer will promptly cease use of Restorely if Linear changes its terms in a manner that prohibits third-party backup of Linear data, and will not seek to hold MCKE LLC liable for any resulting loss of service, snapshots, or restoration capability. The indemnification obligation in §13 applies in full to any claim arising from a breach of this paragraph.

Restorely targets reasonable best-effort availability for backup snapshots and restore jobs. MCKE LLC does not commit to any specific uptime percentage, response time, restore completion time, snapshot completion time, recovery point objective (RPO), or recovery time objective (RTO). During and after the beta period, no SLA credits, service credits, or refunds are offered for unavailability, failed snapshots, failed restores, partial restores, or delays.

Restorely is best-effort backup and restore software. MCKE LLC does not guarantee that any specific Linear workspace, snapshot, restore job, entity, field, attachment, document version, or relationship will be backed up, retained, retrieved, or restored, in whole or in part, under any conditions. Causes of full or partial restore failure include, without limitation: changes to the Linear API or data model; Linear OAuth scope or token revocation; deletion or suspension of the source Linear workspace; deletion or suspension of users referenced by the data; corruption or unavailability of stored snapshot objects; bugs or defects in Restorely's snapshot, encryption, decryption, or restore code; outages or data loss at Cloudflare R2, Neon, Vercel, Stripe, or Linear; force majeure events; and customer misconfiguration. Customer assumes all such risk.

The customer agrees that:

(a) Restorely is a secondary copy of Linear data, not a primary store, and the customer will continue to use Linear as the system of record;

(b) The customer will maintain independent backup, redundancy, or export procedures appropriate to the criticality of the data, and will not rely on Restorely as the sole or last-resort copy;

(c) The customer will review each completed restore report promptly and will notify MCKE LLC in writing at hello@restorely.io within thirty (30) days of any discrepancy, partial result, or restore failure the customer expects MCKE LLC to investigate;

(d) The customer will only authorize Restorely to back up Linear workspaces and data the customer is legally entitled to back up, and will indemnify and hold harmless MCKE LLC for any third-party claim arising from the customer authorizing backup of data the customer was not entitled to back up;

(e) The customer is responsible for the OAuth scope they grant, the tokens they revoke, and the team membership they configure in Linear, and any restore failures attributable to scope, token, or membership changes are the customer's responsibility.

Restorely depends on Linear, Cloudflare R2, Neon, Vercel, Stripe, and Resend. Use of those services is governed by their respective terms. MCKE LLC is not responsible for the acts, omissions, outages, terms changes, schema changes, or rate limits of any third-party service, and any failure or delay caused by a third-party service is the customer's risk.

We may change these Terms with at least thirty (30) days' notice for material changes, or with shorter notice for changes required by law. Continued use of Restorely after a change takes effect is acceptance of the new Terms. The "Last updated" date above reflects the latest material change.

RESTORELY IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. MCKE LLC does not warrant that Restorely will be uninterrupted, error-free, secure, complete, accurate, or able to restore any specific data.

Use of Restorely is also governed by our Privacy Policy at restorely.io/privacy, which is incorporated into these Terms by reference.

Trust and security details are available at restorely.io/trust.

To the maximum extent permitted by law, MCKE LLC's total cumulative liability arising from or relating to Restorely, the service, these Terms, or the customer's use of any of the foregoing, across all claims and theories of liability, is capped at the greater of (i) one hundred U.S. dollars (US$100) or (ii) the fees the customer paid MCKE LLC for Restorely during the three (3) months immediately before the event giving rise to the claim.

In no event will MCKE LLC be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; any lost profits, lost revenue, lost goodwill, lost business, lost data, lost opportunity, lost time, or cost of substitute services; or any damages arising from the failure, partial failure, delay, corruption, inaccuracy, or unavailability of any backup snapshot or restore job — even if MCKE LLC has been advised of the possibility of such damages and even if a stated remedy fails of its essential purpose.

The customer must bring any claim against MCKE LLC within one (1) year of the event giving rise to the claim. Claims not brought within one year are permanently waived.

The customer will indemnify, defend, and hold harmless MCKE LLC, its members, employees, and agents from and against any third-party claim, demand, loss, liability, settlement, judgment, fine, expense (including reasonable attorneys' fees), or cost arising from: (a) the customer's misuse of Restorely; (b) the customer's violation of these Terms; (c) the customer authorizing Restorely to back up Linear data the customer was not entitled to back up; (d) the customer's violation of Linear's terms, Stripe's terms, or applicable law; or (e) any allegation that data the customer connected to Restorely infringes a third party's rights.

MCKE LLC is not liable for any failure or delay caused by events beyond its reasonable control, including outages, data loss, schema changes, terms-of-service changes, or rate limiting at Linear, Stripe, Cloudflare, Neon, Vercel, or Resend; natural disasters; pandemics; war; civil unrest; acts of government; internet outages; or cyberattack.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to Restorely, the service, or these Terms — including their formation, interpretation, breach, or termination — will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, with the seat of arbitration in Cook County, Illinois. The arbitration will be conducted in English by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

The customer waives the right to participate in a class action, class arbitration, mass arbitration, or any other consolidated or representative proceeding against MCKE LLC. The arbitrator has no authority to consolidate claims, to preside over any form of representative or class proceeding, or to award relief that runs to anyone other than the customer and MCKE LLC.

Notwithstanding the foregoing, either party may bring an individual action in small-claims court for any claim that qualifies. Either party may also seek injunctive or other equitable relief in court to protect intellectual property rights pending resolution of any arbitration.

If any part of this §15 is found unenforceable, the remaining parts will continue in effect; if the class-action waiver is found unenforceable as to a particular claim, that claim alone will proceed in court while all other claims continue in arbitration.

During the beta period, the product, scope, pricing, and these Terms may change with notice; the customer's continued use after notice is acceptance. Beta features are explicitly offered "as is, where is" with no warranty of any kind.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force. These Terms, together with the Privacy Policy, constitute the entire agreement between the customer and MCKE LLC regarding Restorely and supersede any prior or contemporaneous communications. MCKE LLC may assign these Terms in connection with a merger, acquisition, or asset sale; the customer may not assign without MCKE LLC's prior written consent. MCKE LLC may give notice by email to the contact email on file or by posting on restorely.io; notice is effective on send.

The following provisions survive any termination, cancellation, expiration, suspension, or non-renewal of these Terms or the customer's Restorely subscription, and continue in full force indefinitely thereafter: §4 (Acceptable use, including the Prohibited Data representations and the Linear-TOS representations), §6 (No restore guarantee), §7 (Customer responsibilities), §8 (Third-party services), §10 (Disclaimers), §12 (Limitation of liability, including the one-year claim window), §13 (Indemnification), §14 (Force majeure), §15 (Arbitration and class-action waiver), §17 (Severability, entire agreement, assignment, notice), §18 (this Survival clause), §19 (Governing law), and §20 (Contact). Any right of action that has accrued before termination likewise survives, subject to the one-year claim window in §12.

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules, subject to §15.

MCKE LLC — hello@restorely.io.