Terms of Service

‍Updated September 13, 2021   

AGREEMENT TO TERMS These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Hubox Limited ("Company", "we", "us", or "our"), concerning your access to and use of the Hubox website as well as any other services provided. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the website after the date such revised Terms of Service are posted. The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.    

‍SERVICE RIGHTS 
Unless otherwise indicated, the website isour proprietary property and all source code, databases, functionality, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the trademarks are provided on the website “AS IS” for your information and personal or commercial use only. Except as expressly provided in these Terms of Service, no part of the website and no Content or trademarks maybe copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the website, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal or commercial use. We reserve all rights not expressly granted to you in and to the website, the Content and the trademarks.  

‍USER REPRESENTATIONS 
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).   

‍FEES AND PAYMENT
We accept the following forms of payment:  VISA, VISA Debit, MasterCard, American Express, Discover, and JCB. All payments are processed via our payment processor, Stripe. You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. Payment details can be updated or amended via the 'Billing' section of the Hubox control panel at any time. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made and subscriptions commenced via the website. Sales tax will be added to the price of purchases as deemed required by us. We reserve the right to change prices at any time, withour prior written notice. All payments shall be in United States Dollars. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase or commencing your subscription.
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We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order or subscription placed through the website, and we reserve the right to cancel your subscription at any time. Further, we reserve the right to charge late payment fees (where an invoice is not paid on time) of up to 25% of the monthly subscription fee.

‍FREE TRIAL
Upon commencement of the Free Trial, you will be provided services for 7-days (the 'Free Trial period') at no cost, and with no obligation to continue the subscription following the Free Trial period. Should you not wish to continue your subscription past the Free Trial period, it is your obligation to cancel the subscription within the Free Trial period (See 'Cancellation' section below). If the subscription has not been cancelled within the Free Trial period, it will be deemed that you do wish to continue with a paid subscription, which shall automatically commence at the end of the Free Trial period.

‍CANCELLATION
You can cancel your subscription at any time via the "Manage controller" tab within the Hubox control panel. All subscriptions must be cancelled by the account owner via this method, and for account security purposes we are unable to cancel subscriptions via email request or any other method. Your cancellation will take effect immediately and services rendered will be ceased upon cancellation of the related subscription. If you are unsatisfied with our services, please email us at support@hubox.co.      

‍TERM AND TERMINATION 
These terms of use shall remain in full force and effect while you use the website. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation in the website or cancel any subscriptions, without warning, in our sole discretion.  If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

‍MODIFICATIONS AND INTERRUPTIONS 
We reserve the right to change, modify, or remove the contents of the website at anytime or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website.   We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.  

All controller software are hosted on dedicated servers entirely separate from the website. The controllers will remain online even when the website is down, and we endeavour to provide a 100% server uptime guarantee (this excludes downtime due to issues triggered by the use of the software). Pro-rata refunds are available upon request, where this server uptime guarantee is not met.

‍GOVERNING LAW 
These Terms shall be governed by and defined following the laws of the United Kingdom, where the company Hubox Limited is registered.  

‍CORRECTIONS 
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.  

‍LIMITATIONS OF LIABILITY 
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website and services, even if we have been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the total of one month's subscription fee. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.  

‍INDEMNIFICATION 
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1)use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.  

‍USER DATA 
We will maintain certain data that you transmit to the website for the purpose of managing the performance of the Site, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. For full details of our Privacy Policy, please refer to https://hubox.co/privacy.  

‍ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 
Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.  

‍MISCELLANEOUS 
These Terms of Service and any policies or operating rules posted by us on the website or in respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.  

‍CONTACT US 
In order to resolve a complaint regarding the website or provided controller software, or to receive further information regarding use of the website, please contact us at support@hubox.co.