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TERMS OF SERVICE

Effective as of November 11, 2014

Welcome to Boolebox! Boolebox is a uniquely secure cloud storage service provided by Boolebox, Inc., and its parents and affiliates (collectively “Boolebox”, “we”, “us”, or “our”).

These Terms of Service ("Terms") cover your use and access to the services, products, client software and websites (collectively, "Services") provided by Boolebox. In addition to these Terms, our Privacy Policy explains how we collect and use your information.

By using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services for an organization, you are agreeing to these Terms on behalf of that organization.

Furthermore, if you are accessing and using a Premium Account, you agree to be bound by the terms of our Business Agreement.

Your Rights and Responsibilities

Acceptance of the Terms

These Terms set forth the entire understanding of the parties with respect to the use of the Services, and supersede all contemporaneous agreements, representations, warranties and understandings with respect to the Services. These Terms may be amended by us from time to time in accordance with the terms below. The latest Terms will be posted on the Boolebox website (the “Site”), and you should review these Terms prior to using the Services. If you do not agree to the terms of this Agreement, you may not use the Services.

The Services may not be used by anyone under the age of 13. By using the Services, you are representing that you are over the age of 13.

Your Data & Your Permissions

The Services allows you to store things like your files, content, email messages, contacts, and like items (collectively, "Your Data"). Your Data is yours. These Terms do not give us any rights to Your Data except for the limited rights that enable us to offer the Services. After you create a user account, you will also be able to create unique encryption keys (“Personal Keys”) for your files, folders and messages within your account. We do not have access to these Personal Keys, and we do not store or maintain these Personal Keys for you. Therefore, we can never access Your Data, except as outlined below.

By using the Services, you hereby grant us limited rights in Your Data to the extent that such rights are necessary to offer and provide the Services. This may include hosting Your Data, backing it up, and sharing it when you request that we do so.

Under these Terms, you are solely responsible for (1) the nature, quality, and accuracy of Your Data, (2) ensuring that Your Data complies with all applicable laws and regulations, (3) promptly responding to any notices sent by others to you informing you of claims that Your Data violates the intellectual property rights or other rights of another, (4) maintaining appropriate security regarding Your Data, including but not limited to making and maintaining backup copies of Your Data, and your encrypted Private Key(s). By utilizing our Services, you expressly disclaim and discharge any and all claims that you may have, now or in the future against Boolebox for any loss of Your Data, including, but not limited to, deletion, modification, loss, or failure to store any of Your Data, or any inability to access Your Data as a result of your loss of your Private Key(s).

Sharing Your Data

Our Services let you share Your Data with others. By sharing Your Data, and/or by sharing your Personal Keys, you are allowing others to access Your Data. We cannot see or monitor who you share Your Data or Personal Keys with, and you assume any and all liability for any modifications made to Your Data by third parties, including but not limited to the deletion, correction, modification, or loss of Your Data.

Your Responsibilities

You are responsible for your conduct while using the Services, and you must comply with our Acceptable Use Policy, as provided below. Content stored in the Services may be protected by others' intellectual property rights. You are expressly prohibited from knowingly or willfully copying, uploading, downloading or sharing content under these Terms unless you have the right to do so.

BOOLEBOX EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ASSOCIATED WITH YOUR DATA OR THE CONTENT THAT IS POSTED, STORED AND/OR SHARED USING THE SERVICES.

You are responsible for safeguarding your own user account password, and any Personal Keys that you create. You are responsible for keeping these items in a safe place and ensuring that others do not have access to them. We will never have access to your Personal Keys, so we will be unable to provide you with a replacement if any Private Key is lost or stolen.

Acceptable Use Policy

We expect you to use our Services responsibly. Accordingly, you shall not do, attempt to do, or encourage any third party to do or attempt to do any of the following when accessing and using the Services:

Updates to the Services

We may update the Services at any time, or add or subtract features from the Services at any time; provided, however, that if we make any modifications to the Services which will materially affect your ability to use the Services, we will provide notification of such changes by sending you a notice to the email address associated with your account.

Software

Use of some features of the Services may require you to download our software (the “Software”). So long as you comply with these Terms, Boolebox grants you a limited, a non-exclusive, worldwide, non-transferrable, revocable license to use the Software to the extent necessary to access the Services. Boolebox may sometimes use third party software to provide the Services. In such event, the use of such third party software may be subject to separate terms and conditions, and your use of such third party software may be subject to your acceptance of such terms and conditions. You will be notified in the event that any use of third party software is subject to separate terms and conditions, and you will have an opportunity to accept such terms and conditions, or to not use the applicable third party software.

Boolebox Intellectual Property Rights

The Services, and all elements thereof, are protected by copyright, trademark, trade secret, trade dress, patent, and other US and foreign laws (“Boolebox IP”). These Terms do not grant you any right, title or interest in the Services, Boolebox IP, Boolebox trademarks, logos and other brand features, or any other user’s content. We welcome feedback, but please note that we may use and implement comments or suggestions as part of our Services without any obligation to you.

Using the Services

Registration

You must register to use the Services by providing us with your first and last name, a valid e-mail address, and a password. We will then send you a confirmation e-mail, which will allow you to confirm the registration.

Personal Keys

At Boolebox, the security of Your Data is of utmost importance. Accordingly, once you have set a username and password, you will have the opportunity to create additional Personal Keys for your specific files, folders and messages. You may choose to share your Personal Keys with third parties, and if you do so then the third parties with the Personal Keys will be able to access the applicable file(s), folder(s) or message(s). We do not keep a record or copy of the Personal Keys, and we cannot access any file, folder or message that is protected by a Private Key (or otherwise, except as expressly provided in these Terms). Accordingly, we advise you to keep a backup record of your Personal Keys, as you may be unable to de-crypt or otherwise access Your Data if you lose them.

Levels of Storage

While we provide everyone that uses the Services with the ability to create and apply Personal Keys in order to ensure the highest security of Your Data, the amount of storage will differ depending on the storage plan (the “Plans”) you choose. For a complete description of all the Plans, including the amount of storage they provide you, please click here [INCLUDE LINK TO PLAN DESCRIPTIONS HERE]. Any Premium Accounts shall be subject to the terms of the Business Agreement referenced above.

Access to Your Data

We always strive to provide you full access to Your Data at all times. In the event that you cannot access Your Data because of technical issues, please contact us at support@boolebox.com and we will try to remedy the problem as quickly as possible.

Premium Accounts

Billing

You can increase your storage space at any time and/or add additional features to your account by turning your account into a "Premium Account". Boolebox will begin billing you from the date you adopt your Premium Account and for each month thereafter, until you cancel the Services, pursuant to the terms of the Business Agreement. For some Premium Accounts, you may be required to pay an additional amount when you increase the number of listed users for the Premium Account. The specific terms of such payments are set forth in the Business Agreement. In any case, you are responsible for making all payments on a timely basis, and for all applicable taxes - and we will charge tax when required to do so.

No Refunds

You may cancel your Premium Account at any time but you will not be issued a refund at the time of such cancellation for any amounts paid up to and through such date.

Downgrades

Your Premium Account will remain in effect until it is cancelled or terminated under these Terms. If you do not pay for your Premium Account on time, we reserve the right to suspend your Premium Account for up to fifteen (15) days (the “Suspension Period”), during which time you will be able to access Your Data; however, you will not be able to use any of the other functionality of the Services unless and until you have paid the amounts owed. During this Suspension Period, you will have the ability to reduce the Services to those offered under the “free” version. If, during the Suspension Period, you fail to pay the amounts owed, and fail to reduce the Services as described above, then your account will be disabled at the end of the Suspension Period. In such event, we will maintain Your Data in the account for 12 months. During those 12 months, you may contact us to restore your account by paying (i) the amounts owed for the use of the Account during the Non-Payment Suspension Period, and (ii) the amounts owed for the month in which the Account is being re-activated. If your account has not been restored by the end of such 12 month period, the account will be terminated and all of Your Data will be deleted.

Changes

We may change the fees in effect for Premium Accounts, but will give you advance notice of these changes by sending you a notice to the email address associated with your account.

Termination

You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time, at our discretion and without notice, if you are not complying with these Terms, or if you use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt other users’ use of the Services. We reserve the right to terminate and delete your account if you have not accessed the Services for 12 consecutive months for all accounts which are not Premium Accounts. Boolebox will provide you with notice via the email address associated with your account before we do so.

Liability & Warranties

Services Offered “As Is”

BOOLEBOX PROVIDES THE SERVICES “AS IS” AND ON AN “AS AVAILABLE” BASIS. ACCORDINGLY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOOLEBOX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS.

No Other Warranties

We strive to provide the best possible Services, but there are certain things that we can't guarantee.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOOLEBOX DOES NOT MAKE ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES OR ANY OTHER SUBJECT MATTER OF THESE TERMS. BOTH YOU AND BOOLEBOX SPECIFICALLY EXCLUDE AND DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some states don't allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BOOLEBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OR DESTRUCTION OF DATA, LOSS OF ACTUAL OR ANTICIPATED PROFITS OR BENEFITS, LOSS OF PERSONAL KEYS, OR THE COST OF PROCURING A REPLACEMENT SERVICES OR SOLUTIONS, WHETHER OR NOT BOOLEBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OUT OF THESE TERMS OR IN CONNECTION WITH THE SERVICES, OR ANY UNDERTAKING OR PERFORMANCE THAT MAY BE PROMISED, PERFORMED, OR EXECUTED TO IMPLEMENT THESE TERMS.

Some states don't allow the types of limitations in this paragraph, so they may not apply to you.

Resolving Disputes

Initial Dispute Resolution

We want to address your concerns without a formal legal claim. Before filing a claim against Boolebox, you agree to try to resolve the dispute informally by contacting legal@boolebox.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, either you or Boolebox may begin formal legal action, subject to these Terms.

Choice of Law

By utilizing the Services, you expressly agree that the laws of the State of California will govern any and all disputes between you and Boolebox, without regard for conflict of law principles. Both you and Boolebox expressly disclaim from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

Venue & Jurisdiction

Both you and Boolebox expressly agree and acknowledge that the proper venue for any dispute under these Terms shall be a court of competent jurisdiction located in San Francisco County, California. You hereby irrevocably consent to the personal jurisdiction of a court of competent subject matter jurisdiction located in San Francisco County, California.

Money Damages Sufficient

You expressly agree that money damages are sufficient to compensate you for any dispute arising under these Terms. Accordingly, you expressly disclaim any right to non-monetary relief, including, but not limited to, equitable or injunctive relief, that you may have in connection with a dispute arising under these Terms.

Miscellaneous

Entire Agreement

These Terms, and the Privacy Policy (and, if applicable, the Business Agreement), constitute the entire agreement between you and Boolebox with respect to the subject matter thereof, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter thereof.

Waiver, Severability & Assignment

Any failure on the part of Boolebox to enforce a provision under these Terms does not constitute waiver of any rights under these Terms, including the right to take action at a later date. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be null and void. Boolebox may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Notices

By using the Services, you consent to us providing you with any and all notices under these Terms at the e-mail address you use to create your account. For the avoidance of doubt, any notices sent under these Terms will be deemed received by you once they are sent by Boolebox. If you decide that you no longer consent to receive notices by e-mail, you must stop using the Services.

No Agency or Partnership

Nothing in these Terms shall be deemed to create any agency or partnership. Boolebox is an independent contractor proving you with cloud services. These Terms are for your benefit, and the benefits of these Terms shall inure only to you and your successors.

No Legal Advice

Information contained on or made available through the Services or in these Terms is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed thereby. You are advised that you have the right to seek independent counsel in connection with these Terms.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our Site. If a revision meaningfully reduces your rights, we will notify you by sending you a notice to the email address associated with your account. To avoid any disputes which may arise, you expressly agree to allow Boolebox to determine when a revision to these Terms meaningfully reduces your rights. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.