Terms and Conditions 1
BoxyHQ Inc
Terms and Conditions
Effective as of August 9, 2021.
This agreement constitutes a binding legal contract between BoxyHQ Inc. (“BoxyHQ
Inc.”) (sometimes referred to as “we”, “us” or “our”) and you, with respect to your
use of https://boxyhq.com and all websites, applications and communications that
post a link to this agreement (collectively, the “Site”)(“Terms and Conditions”).
We reserve our right to change these Terms and Conditions in the future. Except as
explicitly stated otherwise, your continued use of the Site will constitute deemed
acceptance of our updated Terms and Conditions.
1. Site
(a) We may from time to time, at our sole and absolute discretion and without notice
to you, update the Site (or any part of it). We will not be liable to you or any third
party for any modification, variation, interruption, suspension or discontinuation of
the Site.
(b) The Site may provide links to third party websites that are not owned, managed or
controlled by us. You expressly acknowledge and agree that we are not
responsible for the content of those third party websites. You are encouraged to
read that third party’s terms and conditions, privacy policy and any other
document that governs your relationship with that third party.
(c) The Site uses cookies in accordance with our Cookies Policy, which can be found
here: https://boxyhq.com/privacy.
2. Account
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(a) To access certain features on the Site, you may be required to create an account
with us in the form provided by us.
(b) You agree that by registering an account with us that you: ; all information you
provide to us during the registration process is true and accurate to the best of
your belief; you are at least 18 years of age; and you have capacity to enter into
contractual arrangements.
(c) You agree that you are solely responsible for your account and all activities
conducted on your account. You must keep your password and any other login
information private and secure. Your account is registered to you, and you may
not assign, transfer or otherwise dispose of your interest in your account without
our express written permission.
(d) We may, from time to time, provide rules that govern your activities whilst using
your account (“Account Rules”). You expressly acknowledge and agree that you
will abide by these Rules. Should you be in breach of the Account Rules, we may
(at our absolute and sole discretion) restrict, prohibit, suspend or terminate your
account. Should your account be terminated in accordance with this clause, we
are not liable to you, or any third party, for any loss or damage suffered.
(e) You may terminate your account, for any reason, by notifying us. You agree,
however, that by terminating your account, your experience on the Site may be
limited. We are not liable to you, or any third party, for any loss or damage
suffered because of this.
3. Communications
(a) By using the Site and providing your e-mail address, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may
send. You may unsubscribe from these emails at any time.
4. User Submitted Content
(a) The Site may allow you to publish, share, store and otherwise make available
certain information, text, graphics, videos, or other content (“Content”).
(b) We cannot guarantee the accuracy, integrity or quality of Content posted by users
of the Site.
(c) We are not liable for any statements, representations, or Content provided by Site
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users. Any opinions, advice or recommendations expressed therein are those of
the users providing such Content and not those of BoxyHQ Inc..
(d) You represent and warrant that you own or otherwise control the Content you post
on the Site, and that the sharing of your Content on or through the Site does not
violate the privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person or entity.
(e) We take no responsibility and assume no liability for Content you or any third
party posts on or through the Site. However, by posting Content you grant us a
perpetual, worldwide, irrevocable, unrestrictive, non-exclusive royalty-free licence
to use any Content in any manner whatsoever without compensation or attribution
to you.
5. Prohibited Uses
Unless explicitly agreed by us, you acknowledge and agree that you may not use our
Site for the following purposes:
use the Site in any way that violates any applicable local, national or international
law or regulation
impersonate or attempt to impersonate any person or entity
engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the
Site
monitor or copy any of the material on the Site for any unauthorized purpose
without our prior written consent
attempt to gain unauthorized access to, interfere with, damage or disrupt any
parts of the Site
use the Site in any manner that could disable, overburden, damage, or impair the
Site
attempt to interfere with the proper working of the Site in any way whatsoever
6. Fees and Payment
(a) You may be required to purchase or pay a fee to access some features of the
Site. You agree to pay all fees due and payable to us (including all applicable
taxes) at the prices then in effect for your purchases.
(b) You represent and warrant that the information you provide to us is true, correct
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and complete.
(c) Where payments are processed through our Site using third party payment
processors, you also agree to any terms and conditions set by those payment
processors.
7. Free Trial
Where we provide you with a free trial to use the Site, for the duration of the free trial
period, we may at our sole discretion: (i) limit your ability to access certain features;
(ii) limit any technical support to you that may usually be available to paying users;
(iii) without notice to you, stop your free trial.
8. Specifications
(a) We may, from time to time, set certain minimum specifications required to access
our Site to ensure all users have the best possible experience. You are solely
responsible to obtain, keep and maintain all equipment and other software that
meets our minimum specifications to enable you to have the best possible
experience of our Site.
(b) We may from time to time, at our sole discretion and without notice to you, make
variations, modifications, alterations or updates to our Site (“Enhancements”).
These Enhancements may be made to improve our Site to you or to comply with
relevant legal requirements.
(c) We will use reasonable endeavors to notify you of any scheduled disruptions to
our Site, including those due to any Enhancements. However, regardless of
whether a disruption is scheduled or not, we are not liable to you or any third
party for any loss or damage caused by any disruption to our Site.
9. Copyrights and Trademarks
(a) Except as expressly stated otherwise, you acknowledge and agree that the
original content on the Site, and the software, features and functionality
comprising the Site are the exclusive property of BoxyHQ Inc. (the “Materials”)
and its licensors.
(b) You agree you will not copy, reproduce, create derivative works from, transmit or
distribute the Materials in any way without our prior written consent.
10. Limitation of Liability, Indemnities and Warranties
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(a) Except as expressly provided by law, we shall not be liable to you or any third
parties for any loss, damage, expenses or any other liability arising directly or
indirectly from the performance of our services to you. To the fullest extent
permitted by law, all warranties or conditions implied by statute, at law, by trade,
custom or otherwise are excluded.
(b) You acknowledge and agree that you assume sole and entire responsibility for,
and indemnify and hold us harmless from, any and all claims, liabilities, losses,
expenses, responsibilities and damages by reason of any claim, proceedings,
action, liability or injury arising out of or as a result of (i) your conduct in relation to
these Terms and Conditions; (ii) your use of any material, advice or other results
of the services provided to you; (iii) your relations with your clients and/or other
third parties; or (iv) any breach of these Terms and Conditions by you.
11. Term and Termination
(a) These Terms and Conditions will remain in full force and effect while you use the
Site.
(b) We may, without notice to you, immediately stop providing any services to you at
our sole discretion for any reason whatsoever.
(c) Where these Terms and Conditions are terminated in accordance with these
Terms and Conditions, they will terminate without prejudice to any rights either
party may have had against the other prior to termination. Further, all provisions of
which by their nature should survive termination shall survive termination,
including, without limitation: (i) all intellectual property you have granted us under
these Terms and Conditions; and (ii) your obligation to pay any fees due to us at
the time of termination; and (iii) warranty disclaimers, indemnity and limitations of
liability.
12. Assignment
(a) These Terms and Conditions will bind and inure for the benefit of the parties,
including their respective successors, permitted assigns and legal representatives.
(b) We may, without notice to you, immediately stop providing any services to you at
our sole discretion for any reason whatsoever.
(c) Provided your rights are not affected under these Terms and Conditions, we will
be permitted to assign our interest in these Terms and Conditions without prior
notice to you. However, you may not assign, transfer, novate or other dispose of
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your rights and obligations under these Terms and Conditions without our express
written approval (which we may withhold in our sole discretion).
13. Privacy
You acknowledge that you have read and understood the terms of BoxyHQ Inc.’s
Privacy Policy, which can be found here: https://boxyhq.com/privacy. You agree that
we may use your information (including disclosure to third parties) in accordance with
the terms of our Privacy Policy.
14. Non-Waiver
Our failure to exercise, or delay in exercising, our rights under these Terms and
Conditions does not operate as a waiver of that right.
15. Exclusion of Implied Relationships
Nothing in these Terms and Conditions shall be deemed or construed to constitute
any party a partner, agent, representative, employer or employee of another party or
to create any trust or commercial partnership unless specifically otherwise provided.
We do not owe you any duty of good faith under these Terms and Conditions.
16. Severability
If any part of these Terms and Conditions are held to be illegal, invalid, or
unenforceable, then that part shall be deemed deleted and shall not affect the validity
and enforceability of the remaining provisions of these Terms and Conditions.
17. Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties
with respect to the Company’s services and supersede all previous versions of the
Terms and Conditions, understandings, arrangements, agreements, and
communications, whether verbal or written, between the parties.
18. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with
Delaware law. Both parties agree to submit to the jurisdiction of the courts of
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Delaware with respect to any claim or dispute arising out of these Terms and
Conditions.
