General Terms
This Agreement describes the terms governing your use of the Business Box including content, updates, and patches (collectively, the “Software”). It includes by reference:
A. Business Box Technologies’ Global Privacy Statement provided to you in the Software and/or available on its website, or provided to you otherwise;
B. Additional Terms and Conditions, if any, which may include those from third parties; and
C. Any terms provided separately to you for the Software, including product or program terms, ordering terms, activation terms, payment terms, etc.
License and Use of the System
The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and Business Box Technologies reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, Business Box Technologies grants you a personal, limited, nonexclusive, nontransferable, revocable license to install and use the Software only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with Business Box Technologies’ then-current product discontinuation policies, as updated from time to time, and only for the purposes described by Business Box Technologies for the Software.
You acknowledge and agree that the Software is licensed, not sold. You agree not to copy or use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
A. Provide or provide access to the Software or any part of the Software to any third party;
B. Reproduce, duplicate, modify, copy, deconstruct, reverse-engineer, sell, trade or resell the Software;
C. Transfer your license to the Software to any other party;
D. Attempt unauthorized access to any other Business Box Technologies systems that are not part of the Software;
E. Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or
F. Make the Software available on any file-sharing or application hosting service.
Access to Training Materials
Training Method: All training is provided via Business Box Technologies’ prerecorded tutorial videos. You are responsible for reviewing these materials to understand how to use the System.
No Additional Trainings Included: Unless otherwise specified, no live or personalized training sessions are included. Additional training services, if requested, will be subject to additional fees.
Payment
For Software licensed on a payment or subscription basis, the following terms apply, unless Business Box Technologies notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you for the Software:
a. Payments will be billed to you in Philippine Peso, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Software.
b. You must pay with one of the following:
1. A valid credit card acceptable to Business Box Technologies;
2. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
3. By another payment option Business Box Technologies provides to you in writing.
c. If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account, terminate your license and refuse any further use and/or support of the Software.
d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
e. Business Box Technologies will automatically renew your monthly, quarterly, or annual subscription at the then-current rates, unless the Software license or subscription is cancelled or terminated under this Agreement.
f. Additional cancellation or renewal terms may be provided to you on the website for the Software.
Your Privacy and Personal Information
You can view Business Box Technologies’ Privacy Statement provided with the Software and/or on the website for the Software. You agree to the applicable Business Box Technologies Privacy Statement, and any changes published by Business Box Technologies. You agree that Business Box Technologies may use and maintain your data according to the Business Box Technologies Privacy Statement, as part of the Software. This means, among other things, that Business Box Technologies may use your data to improve the Software or to design promotions and to develop new products or services.
Content
You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Software. You grant Business Box Technologies a royalty-free, non-exclusive license to host and use any Content provided through your use of the Software. Archive your Content frequently. You are responsible for lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Business Box Technologies is not responsible for the Content or data you provide through your use of the Software.
You agree not to use the Software, nor permit any third party to use, the Software to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
a. Illegal, fraudulent defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
c. Except as permitted by Business Box Technologies in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
e. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
Community forums.
The Software may include a community forum or other social features to exchange Content and information with other users of the Software and the public. Business Box Technologies does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Business Box Technologies is not responsible.
Business Box Technologies may freely use feedback you provide. You agree that Business Box Technologies may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant Business Box Technologies a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Business Box Technologies in any way.
Business Box Technologies may monitor your Content. Business Box Technologies may, but has no obligation to, monitor content in or on the Software and Community forums. We may disclose any information necessary to satisfy our legal obligations, protect Business Box Technologies or its customers, or operate the Software properly. Business Box Technologies, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
Additional Customizations and Services
Customization Requests: Any request for customizations to the System beyond the standard template will incur additional charges. Customization fees are determined on a case by case basis and will be provided to you upon request.
Additional Training: Should you require further training beyond the prerecorded tutorials, additional charges may apply.
Additional Terms
Business Box Technologies does not give professional advice. Unless specifically included with the Software, Business Box Technologies is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
We may tell you about other Business Box Technologies Services. You may be offered other services, products, or promotions by Business Box Technologies. Additional terms and conditions and fees may apply. With some Business Box Technologies Services you may upload or enter data such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Business Box Technologies permission to use information about your business and experience to help us to provide the Business Box Technologies Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Software.
Communications. Business Box Technologies may be required by law to send you communications about the Software or Third-Party Products. You agree that Business Box Technologies may send these communications to you via email and/or by posting them on our websites.
You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Software and to contact Business Box Technologies if you become aware of any unauthorized access to your account. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Software. You agree to receive these updates
Limitation of Liability and Indemnity
To the maximum extent permitted by applicable law, the entire liability of Business Box Technologies, its affiliates and suppliers for all claims relating to this agreement shall be limited to the amount you paid for the software during the twelve (12) months prior to such claim. subject to applicable law, Business Box Technologies, its affiliates and suppliers are not liable for any of the following:
(a) indirect, special, incidental, punitive or consequential damages;
(b) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet Business Box Technologies systems requirements.
The above limitations apply even if Business Box Technologies and its affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of Business Box Technologies, its affiliates and your exclusive remedy with respect to the software and its use. you agree to indemnify and hold Business Box Technologies and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the software or breach of this agreement (collectively referred to as “claims”). Business Box Technologies reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. you agree to reasonably cooperate as requested by Business Box Technologies in the defense of any claims.
Changes
We reserve the right to change this Agreement at any time, and the changes will be effective when posted on our website for the Software or when we notify you by other means. We may also change or discontinue the Software, in whole or in part. Your continued use of the Software indicates your agreement to the changes
Termination
Business Box Technologies may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Software, related online services, or other Business Box Technologies Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity, or unauthorized access issues to protect the integrity of the Software or our Services or systems and comply with applicable Business Box Technologies policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Software or applicable services and any outstanding payments will become due. Any termination of this Agreement shall not affect Business Box Technologies’ rights to any payments due to it. Business Box Technologies may terminate a free account at any time.
General
This Agreement is the entire agreement between you and Business Box Technologies and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.