Terms of Service
Last revised on December 23th, 2021, effective as of January 10th, 2022
This Terms of Service (the “Terms”) constitute a legal agreement that sets out your rights and obligations, and those of Databox Inc., a company registered in state of Delaware, USA (“Databox”, “Company”, “we”, “us” or “our”), in relation to the Databox website (the “Site” or “Website”) and our web applications or other the services (the “Services”) offered by Databox through it.
Acceptance of Agreement
By using our Website and/or Services, you are agreeing to comply and be bound by all terms and conditions herein (the “Agreement”). Please review these Terms carefully. If you do not agree, you should not use the Website or Services. We reserve the right to update or revise these Terms without notice. Please check these Terms periodically for changes. Your continued use of our Website or Services following the posting of any changes constitutes acceptance of those changes. Our Terms will be kept up to date at databox.com/terms-of-service.
Ownership of Intellectual Property
Company alone shall own all right, title and interest, including all related intellectual property rights, in and to our technology, the content and the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to Databox. The company name, the company logo, and the product names associated with Databox are trademarks of company or third parties, and no right or license is granted to use them. The copying, redistribution, use or publication by you of any such matters or any part of the Databox is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through Databox. The posting of information or materials on Databox does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
If you have evidence, know, or have a good faith belief that content residing on or accessible through our Website or Services infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to Databox’s designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
Databox Inc. Attn: Copyright Agent
6 Liberty Square
Boston, MA 02109
In any such notice, please include sufficient information to address the items specified below:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Databox to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number should we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
In some cases, it is necessary for Company employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Company employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.
The Company does not own any data, information or material that you or other users submit (“User Content”). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all User Content that you submit, and Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Content. Upon request by the applicable Administrator, the Company may remove, modify, edit or otherwise alter any applicable User Content. The Administrator shall also have the power to block, delete or otherwise modify the access of users under its applicable account, and shall be solely responsible for the addition and removal of users under its account.
Company reserves the right to withhold, remove and/or discard User Content without notice for any breach of the Agreement. Upon termination for breach of the Agreement, your right to access or use customer data immediately ceases, and we shall have no obligation to maintain or forward any customer data.
All activity occurring under your user account are your responsibility and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of Databox, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations which are required by your employer and/or the applicable Administrator(s) of your account.
You shall (1) notify us immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (2) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or other users to violate this agreement or the intellectual property rights of third parties; (3) and not impersonate another user or provide false identity information to gain access to or use Databox.
Permitted Uses and License Grant
Company grants you a non-exclusive, non-transferable, worldwide right to use the Services, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Databox and its licensors.
You shall not: (1) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Databox or the content in any way; (2) modify or make derivative works based upon Databox or the content; (3) create Internet “links” to Databox or “frame” or “mirror” any content on any other server or wireless or Internet-based device; (4) or reverse engineer or access Databox in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of Databox, or (c) copy any ideas, features, functions or graphics of Databox.
You may use Databox only for your internal business purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (5) attempt to gain unauthorised access to the Service or its related systems or networks.
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying accounts.
The Services are billed in advance on a monthly, quarterly or yearly basis (chosen by the user) and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Services may cause the loss of Content, features, or capacity of your Account. Databox does not accept any liability for such loss.
Cancellation and Termination
You are solely responsible for properly canceling your account through the Website. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link on the Settings page. The Account screen provides a simple cancellation link.
All of your User Content will be immediately deleted from your account and the Services upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Services before the end of your current paid up cycle (month or year), your cancellation will take effect immediately and you will not be charged again.
Databox, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all User Content in your account. Databox reserves the right to refuse service to anyone for any reason at any time.
Third Party Content
Third party content may appear on the Website or may be accessible via links. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. We do not endorse any sites on the Internet that are linked through Databox, and in no event shall Company or its licensors be responsible for any content, products, or other materials on or available from such sites. We provide Databox to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
You agree to indemnify and hold Company, its licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) a claim alleging that use of the customer data infringes the rights of, or has caused harm to, a third party; (2) a claim, which if true, would constitute a violation by you of your representations and warranties; or (3) a claim arising from the breach by you or other users of this Agreement, provided in any such case that Company (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Company of all liability and such settlement does not affect company’s business or service); (c) provides to you all available information and assistance; (d) and has not compromised or settled such claim.
Representations and Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Company represents and warrants that it will provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof under normal use and circumstances.
You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Services and that your billing information is correct.
Company and its licensors make no representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Company and its licensors do not represent or warrant that: (1) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (5) ERRORS OR DEFECTS WILL BE CORRECTED, OR (6) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON ”AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY AND ITS LICENSORS.
The Services may be subjected to limitations, delays and other problems inherent in the use of the internet and electronic communications. DATABOX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
Company shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors or omissions from Databox, (b) the unavailability or interruption of Databox or any features thereof, (c) your use of Databox, (d) the content contained on Databox, or (e) any delay or failure in performance beyond our control.
Changes in terms and conditions
Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to Databox at any time, effective upon posting of an updated version of this Agreement on the Website. You are responsible for regularly reviewing this Agreement. Continued use of Databox after any such changes shall constitute your consent to such changes. Our Terms will be kept up to date at databox.com/terms-of-service.
This Agreement may not be assigned by you without the prior written approval of Company but may be assigned without your consent by Company to (a) a parent or subsidiary, (b) an acquirer of assets, or (c) a successor by merger. Any purported assignment in violation of this section shall be void.
These Terms of Service are governed by Massachusetts law, where Databox is located. No text or information set forth on any other purchase order, pre-printed form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of Databox.
The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
This Agreement, together with any applicable Invoices, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Questions About This Terms of Service
If you have any questions or comments about Terms, please contact us in any of the following ways:
By email: firstname.lastname@example.org
By postal mail or courier:
6 Liberty Square
Boston, MA 02109
Notifications Regarding This Terms of Service
If we need to notify our users about these Terms, we may do so using contact information associated with your account or otherwise provided to us.