BoxHero
Terms of Service
Effective Date: February 4, 2021
BoxHero.io and related web, mobile and other software programs and
applications (collectively the “Site”), is owned by BGPworks, Inc., a
Delaware corporation (“BoxHero”, “Company”, “we” or “us”). In order to
use the Site, or any Services (as defined below) offered, you must
agree to be bound by the most recent version of the Terms of Service
available on BoxHero.io (the “Terms”). If you do not agree to the
Terms, you cannot use BoxHero or any Services offered. We may change
these Terms at any time. The Company will alert you to an update in
the Terms by posting notice of the update on BoxHero.io for a
reasonable period of time.
(a)
BoxHero, through the Site, provides a web and app-based Service
(“Service(s)”), which allows Users (as defined below) to view,
monitor, and manage their inventory, through the use of their computer
or mobile device.
(b)
We have established certain rules designed to make the use of the
Services offered by BoxHero a great experience for everyone.
We promise to respect and protect users who abide by these rules.
Failure to abide by these rules may result in termination of your
access to the Site and Services offered, and reporting of abuse to
appropriate law enforcement authorities. By using this Service, you agree to the following rules:
i.
In order to use the Services, you must be at least 18 years of age
(or the age of consent set by applicable law) and be of legal age to
form a binding contract (or if not, you've received your parent's or
guardian's permission to use the Services and gotten your parent or
guardian to agree to these Terms on your behalf). If you are under the
age of 18, but above the age of 13, you may use the Services only with
the consent and supervision of a parent or legal guardian.
ii.
You are not permitted to use the Services if: (a) You cannot enter
into a binding contract with BoxHero; (b) You are located in a country
embargoed by the United States or if you are on a U.S. Agency list of
prohibited persons or entities, such as the Treasury Department's list
of Specially Designated Nationals; or (c) You have previously been
banned from using any of our Services, unless we have reversed that
ban, in our sole discretion.
iii.
You may be required to create an account (as defined below), and
select a password and user name.
iv.
You will follow any and all applicable laws, rules, and regulations
when using the Services offered by BoxHero.
v.
You hereby certify that any and all information that you provide to
BoxHero when enrolling in the Services is accurate, complete, and
truthful.
vi.
You will not use the Service to assist in stalking, harassing,
intimidating, or harming any other person or business.
vii.
You will not use the Service to assist you (or anyone else) in
partaking in any illegal activities.
viii.
You will not index, crawl, decompile, scrape, or reverse engineer any
part of the web, mobile application or any other platform or Service
offered by BoxHero.
ix.
You will not interfere with, attempt to interfere with, or assist
anyone else in interfering with or disrupting the Site or BoxHero's
security or network.
(c)
BoxHero shall not be held liable or responsible for any losses,
expenses, damages, or costs you incur through using the Site or
Services or any content derived therefrom, and you agree to defend and
hold harmless BoxHero for any such losses.
(d)
We can terminate or restrict your use of the Service at any time and
for any reason. If you create an account through the Site, we may
block your account at any time. This policy is in place to keep the
Site and the Services we offer, fun and safe for everyone.
(e)
We reserve the right to discontinue or modify the Site or the
Services offered at any time. We may not provide advanced notice if
this happens.
(a)
Users will be required to create an account on the Site in order to
access and use some of the Services offered (“User Account” or
“Account”). In order to create
an Account on the Site, certain personal information about you or your
business may be requested, which may include but not be limited to:
i.
Your company name;
ii.
General information regarding your business such as:
1.
Types of inventory held, typical inventory volume, restocking
frequency, and other similar information;
iii.
Your full name;
iv.
Your date of birth;
v.
Your country of residence and specific physical address therein;
vi.
Your contact information;
vii.
Payment information;
viii.
Social media profile information;
ix.
Email platform information; and
x.
Other similar personal or business-related information.
(b)
You will be required to create a username and password, which will
help to protect your Account from any unauthorized access.
You promise to provide us with accurate, complete, and updated
registration information about yourself. You may not select as your
user name a name that you don't have the right to use, or another
person's name with the intent to impersonate that person. You may not
transfer your Account to anyone else without our prior written
permission. It is your sole responsibility to guard and protect this login
information. We are not
responsible for any activities or damages resulting from any
unauthorized use of your Account. If you change your email address or no longer have access to the
email you used to register, you must update your information. We
reserve the right to reject or block any username which could be
deemed to be offensive, an impersonation or misrepresentation of your
identity, or a misappropriation of another person's name or identity.
To use the Service, you cannot be a person barred from receiving the
Service under the laws of the United States or other applicable
jurisdictions, including the country in which you reside or from where
you use the Service. The security and confidentiality of your Account
are solely your responsibility and you agree to immediately notify us
of any security breach of your Account. BoxHero, it’s officers,
affiliates, employees, or vendors shall not be responsible for any
losses arising out of the unauthorized use of your Account.
(a)
The Site and Services made available thereon may include links to
third-party services and/or third-party services may be made available
to you via the Service. These services are subject to the respective
third-party terms and conditions and constitute an agreement between
you and the applicable third-party service provider.
(b)
Third-party content and links are provided as a convenience to you.
You agree that BoxHero is not responsible for examining or evaluating
the content or accuracy and BoxHero does not warrant and will not have
any liability or responsibility for any third-party materials or web
sites, or for any other materials, products, or services of third
parties. You agree that you will not use any third-party materials in
a manner that would infringe or violate the rights of any other party
and that BoxHero is not in any way responsible for any such use by
you.
(c)
BoxHero has no control over how third parties operate their
platforms, including the pricing, payment and billing policies
applicable purchases, and therefore BoxHero shall not be liable for
any expense, damages, costs, or losses incurred through the use of
such Third-Party content.
(a)
In order to use the Services offered by the Company, you may be
required to pay a subscription fee, depending on the type of
subscription and User Account you have enrolled in through the
Company. One term for any User
Accounts are typically for one calendar year from the date of
enrollment, and the User fee may be billed on a recurring monthly
basis, or payable upfront for the entire year, depending upon the
Service enrolled in, and pursuant to the current pricing structure of
each Service offered at the time of enrollment. The Company may from
time to time, off different pricing and subscription structures,
however, the option to do so shall be within Company’s sole discretion
and may be removed from the Site at any time. The descriptions of the Services available for enrollment along with
the costs of each Service shall be detailed on the ‘Settings >
General’ page of the Site. The
costs of these Services and the access/amenities provided with each
level of the Services is subject to change at any time at the
Company’s discretion. Any
updates or changes in pricing will be posted on the ‘Settings’ page of
the Site. Depending on the
subscription enrolled in, the Services and corresponding subscription
fee you select may automatically renew at the end of each billing
cycle, if the Services are not cancelled prior to the last business
day before the next scheduled billing date. In order to make said payments required for the Services offered, you
may be asked to input personal and/or business banking information,
including but not limited to, credit card information, billing
addresses, bank account information, or account information for other
payment Services offered, such as Paypal or other similar payment
methods made available at that time. The Company hereby reserves the right to add, retract, change, or
discontinue the allowance of the use of any particular payment method
offered on the Site, in Company’s sole discretion.
(a)
In order to effectively facilitate or improve the Services we offer,
we may need to use the information you submit to BoxHero
(collectively, the “Information”).
The protection of our Users’
personal information is extremely important to us. While we may use
such Information to learn about your interests and to help us
facilitate and improve the Services, we will only share such
information as detailed in these Terms and in our Privacy Policy. We
are very serious about user information protections and promise to
never use your sensitive information in any other way.
(b)
You or we may update, delete, or modify your Information at any
time. It is your
responsibility to ensure that you keep your User Information
up-to-date in our system. In
order to update your Information in the event of any changes, please
email your request to: support+boxhero@bgpworks.com.
(c)
Users may choose from one of the following Account types when
creating a new User Account, and will be granted the following
uploading/accessibility to the Site upon enrolling:
i.
User Packages:
1.
Single Plan (For Personal Use):
This type of User Account is typically for sole proprietors working
alone and will allow for access to the platform by one (1) member,
along with the ability to upload up to one hundred (100) registered
products.
2.
Business Plan (For Team Use):
This type of User Account is appropriate for small businesses and will
allow for access to the platform by ten (10) members, along with the
ability to upload up to two thousand (2,000) registered products and
other optional and/or custom features.
(a)
Your security and safety are hugely important to us. While we have
put many precautions in place to ensure the safety of your information
and browsing devices while using our Services, please do not assume
that your information and devices are fully secured in all actions you
take on the internet. Use common sense and the tools and filters
BoxHero provides to make sure you feel safe and secure in using the
Services offered.
(b)
In the event that you believe that another user of our Services is
violating these Terms or creating on unsafe or unwelcome environment
on the Site, please let us know immediately. You can contact us by
email at support+boxhero@bgpworks.com, or directly on BoxHero.io through the platform.
(c)
We strongly encourage Users to exercise caution as well as general
common sense when electing to meet with another individual or
representative from any vendor they may contact through the use of the
Site in person, in order to complete a transaction. We recommend that Users choose a well-lit and populated area in which
to conduct such in-person transactions, to ensure the safety of all of
our Users. We shall not be responsible nor liable for any damages or
losses whatsoever arising out of such in-person transactions, or for
any act or losses by third-parties resulting therefrom. Users shall choose to meet with other Users in-person solely at their
own risk.
(a)
We ask that you respect the intellectual property of BoxHero. All
materials available through the Site, including (but not limited to)
the name BoxHero and our logos, images, text, illustrations, audio and
video files are protected by copyrights, trademarks, service marks, or
other rights which are owned by or licensed to our Company or the
respective third-party owner of such intellectual property. You agree
not to copy, reproduce, duplicate, display, or otherwise distribute
these materials without our written permission.
(b)
You are responsible for videos, photos, audio, text, graphics, or
other data you transmit through the Service and you agree to comply
with all applicable laws, rules and regulations, including the Digital
Millennium Copyright Act (DMCA). You agree that your use of the
Service will not infringe the rights of any third party. We reserve
the right to block or terminate your Account, at our sole discretion
and without notice or liability to you, if you transmit any content
alleged to infringe on the intellectual property rights of a third
party.
(c)
BoxHero has adopted the following policy concerning copyright
infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C §512. The contact information for our
designated agent to receive notification of claimed copyright or
intellectual property infringement (“Copyright Agent”) is listed in
this provision below.
(d)
If you believe in good faith your work has been copied in a way that
constitutes copyright infringement, or that your intellectual property
rights have been otherwise violated, please provide the following DMCA
requirements to BoxHero’s Copyright Agent:
i.
Information reasonably sufficient for BoxHero to contact you: name,
address, phone and e-mail address (if available);
ii.
A description of the copyrighted work or intellectual property that
you claim has been infringed, or if multiple works, a listing of such
works;
iii.
Information reasonably sufficient to permit BoxHero to locate your
work on the Site;
iv.
A statement, made by you, that you have a good faith belief that the
disputed use of the material is not authorized by the copyright owner,
its agent or the law;
v.
A statement by you, made under penalty of perjury, that the
information in your notice is accurate and that you are the copyright
owner, or authorized to act on the copyright owner’s behalf;
vi.
A physical or electronic signature of the copyright owner, or a
person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
(e)
Upon receiving a proper notification of alleged copyright
infringement as described above, we will remove or disable access to
the allegedly infringing content and promptly notify the alleged
infringer of your claim. Please submit your statement to BoxHero by
mail, fax or email as set forth below:
BoxHero
Email:
support+boxhero@bgpworks.com
Phone:
+82-02-1661-7465
Fax:
+82-2-2023-8411
Mailing Address:
BoxHero Copyright Agent
216, 6, Wangsimni-ro 10-gil, Seongdong-gu, Seoul, Republic of
Korea
(a)
You may end your legal agreement with BoxHero at any time by
discontinuing your use of the Service, however, any subscription
payments remaining due will still be due and payable for the duration
of the subscription, regardless of your termination of use. Any
subscriptions you have paid for or are currently paying for, can be
managed in ‘Settings > Payment’ Page on the Site. If you decide to
use the Service again, you agree that your use will be governed by the
all the Terms then in effect.
(b)
Without limiting its other remedies, BoxHero may immediately
discontinue, suspend, terminate, or block your access to the Service
or cease providing you with all or part of the Service at any time for
any or no reason, including, but not limited to, if the Company
reasonably believes: (i) you have violated the Terms, (ii) you are a
legal liability; (iii) you haven’t used the Services in a while; or
(iv) our provision of the Service to you is no longer commercially or
otherwise viable. BoxHero will make reasonable efforts to notify you
by email or the next time you attempt to access your Account. In all
such cases, your license to use the Service terminates.
(a)
Through your use of the Service, you also hereby expressly consent
and agree to receive electronic communications from us, which may come
in the form of email or SMS text messages. The ways in which we shall
communicate with you may include but not be limited to mediums in the
form of emails, SMS text messages, posts, notices, or alterations on
the Website, or through other electronic communication mediums. You
hereby consent and agree that all agreements, notices, disclosures and
other communications that we provide to you electronically shall
suffice to satisfy any and all legal requirement that such
communications are made in writing. We may send you electronic
newsletters through email, and may send you emails on behalf of third
parties containing promotional offers or sales which we determine may
interest you. You may unsubscribe from the receipt of such emails at
any time by sending an email requesting such un-subscription and/or
cancellation to an email address that shall be designated specifically
for receipt of such requests, however, the fulfillment of this request
may affect the functionality of the Service and its ability to perform
as intended. Additionally, even in the event that you unsubscribe from
the marketing emails, if you are registered with an account or have
requested that we contact you about certain services, you authorize us
to send you important notices about such services and any pending
transactions relating to these services, to any email address you have
provided to us throughout the registration process, or at any other
time thereafter. It is your sole responsibility to ensure that the
email address on file remains up to date to be sure that important
emails sent to you are not blocked or re-routed to spam folders.
THE SITE IS A PLATFORM WHICH ALLOWS FOR USERS TO VIEW, MONITOR, AND
MANAGE THEIR BUSINESS INVENTORY ONLINE, THROUGH THE USE OF THEIR COMPUTER OR MOBILE DEVICE.
WE DO NOT PROVIDE OR ENDORSE ANY ACTIVITIES PARTAKEN BY USERS OF
THE BOXHERO SERVICES.
THEREFORE:
(a)
NO WARRANTIES. THE SITE IS MADE AVAILABLE TO YOU ON AN
"AS IS", "WITH ALL FAULTS" AND "AS
AVAILABLE" BASIS, WITH NO WARRANTIES EXPRESS OR IMPLIED. AS
SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
COMPANY MAKES NO WARRANTIES AS TO THE ACCURACY OF ANY CONTENT POSTED
TO THE SITE. COMPANY SHALL IN NO WAY BE LIABLE TO YOU FOR ANY LOSS
OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE SITE OR RELIANCE
ON ANY INFORMATION CONTAINED ON THE SITE WHATSOVER.
(b)
LIMITATION OF DAMAGES. COMPANY MAKES NO CLAIMS OR PROMISES
WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE PRODUCTS OR SERVICES
LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE COMPANY
SHALL IN NO WAY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT
ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR DECISION TO PURCHASE OR
USE ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE
SITE IS AT YOUR OWN RISK AND DISCRETION.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY CLAIMS, DAMAGES OR
LOSSES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY,
CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR
USE OF THE SITE OR SERVICES, OR THE CONDUCT OF YOU OR ANYONE ELSE IN
CONNECTION WITH THE USE OF THE SITE OR SERVICES. THIS INCLUDES ANY
CLAIMS, LOSSES OR DAMAGES ARISING FROM: (I) ACCESSING CERTAIN
WEBSITES THROUGH THE USE OF THE SITE OR SERVICES, (II) ATTEMPTING TO
FACILITATE ANY PURCHASES OR TRANSACTIONS THROUGH THE SITE, (III)
COMMUNICATING OR TRANSACTING WITH OTHER USERS WHILE USING THE
SERVICES, OR (IV) ELECTING TO MEET IN PERSON WITH, OR DO BUSINESS
WITH, ANY USER, INDIVIDUAL, OR ENTITY WITH WHOM YOU CONNECTED
THROUGH THE COMPANY’S SITE OR SERVICES.
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED FOR ANY PRODUCTS OFFERED BY THIRD PARTIES WHO MAY LINK TO
THE SITE.
(c)
Indemnification. You agree to indemnify, defend, and hold harmless the Company, its
parents, subsidiaries, affiliates, any related companies, suppliers,
licensors and partners, and the officers, directors, employees, agents
and representatives of each of them (collectively, the “Affiliates”),
from and against all claims, demands, suits, and liabilities,
including but not limited to any claims damages or losses incurred,
slander, defamation, libel, unauthorized use of name or likeness, and
other similar claims, by any third party arising out of or relating to
(i) your access to or use of the Site, (ii) your interaction with any
third-parties or third-party websites, through the use of the Site or
Services (iii) your violation of the Agreement, (iv) any damages
resulting from any transactions between you and any other User or
third-party, or (v) the infringement by you, or any third-party using
your User Account, of any intellectual property or other right of any
person or entity. Company reserves 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 with our
defense of these claims. You agree not to settle any such matter
without the prior written consent of Company. Company will use
reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.
(a)
These Terms shall be governed and construed in accordance with the
laws of the State of Delaware without regard for the conflict of law
provisions. Any dispute arising hereunder, or related to the terms
hereof, shall be brought exclusively in the state or federal courts
located in Delaware.
(b)
BoxHero uses or may use certain features of the device on which you
access the Services from. You agree that BoxHero may access these
features, and further agree that you may be charged by your phone,
Internet, or data provider for the use of these Services. You hereby
acknowledge and understand that you will be fully responsible for any
charges incurred through your use of the Site or Services.
(c)
These Terms, in conjunction with our Privacy Policy, represent the
full, final, and complete agreement between you and BoxHero regarding
your use of the Services.
(d)
If any provision of these
Terms is held to be invalid or unenforceable, the remainder of these
Terms shall continue in full force and effect to the maximum extent
legally permissible.
(e)
The delay or failure of either party hereunder to exercise or enforce
any right or provision of these Terms, shall in no way constitute a
waiver of such rights.
(f)
If you do not understand any of the Terms listed above, or if you
have any questions or comments about such Terms, we encourage you to
please contact us via email at: support+boxhero@bgpworks.com.
(a)
Under California Civil Codes, California residents are entitled to
additional specific consumer rights information. To file a complaint
regarding the Services or to receive further information regarding use
of the Services, including to cancel your Services, please email us at support+boxhero@bgpworks.com. You may also contact the Complaint Assistance Unit of the Division
of Consumer Services of the Department of Consumer Affairs in writing
at 400 R Street, Suite 1080, Sacramento, California 95814, or by
telephone at 916.445.1254 or 800.952.5210.