Terms of Use

Effective July 24, 2026

These Terms of Use (“Terms”) govern your use of the ThirdCopy application for macOS (the “App”), made by Embay, LLC (“Embay,” “we,” “us”). By downloading or using the App you agree to these Terms.

1. What the App does

The App creates one-way mirror backups: it copies files from source folders you choose to a destination you choose, and removes files from that destination when they no longer exist at the source. You are in control of — and responsible for — which folders and destinations you select.

2. License

We grant you a personal, non-exclusive, non-transferable license to use the App on Apple-branded devices that you own or control, as permitted by the App Store Terms of Service. We retain all rights in the App.

3. Backups are a shared responsibility

The App is designed carefully, and it reports what it does — but no backup software can guarantee against every failure of hardware, file systems, networks, or storage services. You are responsible for periodically verifying that your backups contain what you expect, and for maintaining more than one copy of data you cannot afford to lose. The App intentionally mirrors deletions: if you delete a file at the source, it will (by design) also be removed from the backup destination on a subsequent run, subject to any optional “keep deleted files” setting you enable.

4. Acceptable use

You agree to use the App only with data and storage locations you are authorized to access, and in compliance with applicable law.

5. Updates and changes

We may update the App from time to time, and may add, change, or remove features. These Terms apply to all updates unless an update comes with separate terms.

6. Disclaimer of warranty

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

7. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBAY, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF DATA — ARISING FROM OR RELATED TO YOUR USE OF THE APP. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE.

8. Privacy

Our Privacy Policy describes the limited, anonymous data the App collects and your choices about it.

9. Termination

These Terms remain in effect while you use the App. You may stop using the App at any time; files previously backed up remain on your own storage and are unaffected.

10. Governing law

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules. Nothing in these Terms limits any non-waivable consumer rights under the law of your place of residence.

11. Contact

Embay, LLC — support@thirdcopy.app