Terms of service xopobox.com

Terms updated and valid from 21-2-2020

Welcome to Xopobox! 

Xopobox is a cloud-based content management platform. Our product helps people to store things that really matter.  Since our products are cloud based, you can access them through the web and through any number of device types (e.g., desktop, laptop, tablets, and smartphone devices) that you choose.  This document, the Xopobox Terms of Service (“Terms”), outlines the terms regarding your use of our products.  These Terms are a legally binding contract between you and Xopobox so please read carefully.  If you do not agree with these Terms, do not register or use any of the Services. By using, accessing or browsing the Xopobox Service, platform and products including applications, mobile, software, websites or other properties owned or operated by Xopobox or by registering for a Xopobox account ( “Services”) you are agreeing to be bound by these Terms for the Services provided by Xopobox (“Xopobox” or “we”).   You are entering into this contract with Xopobox B.V.(company number 0809736), VAT registration number 144974973. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to Xopobox that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services.  In order to use the Service, you must be legally permitted to accept these Terms.

1. Privacy

In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy.  You acknowledge your use of the Services is subject to our Privacy Policy and understand that it identifies how Xopobox collects, stores, and uses certain information.

2. Changes to these terms

We reserve the right to modify these Terms. We will post the most current version of these Terms at www.xopobox.com (the “Site”).  If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account.  If you do not accept the changes, you must stop using and cancel your account by emailing cancel@xopobox.com.  Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.

3. Using our Services

You must follow any policies made available to you within the Services. Don’t misuse our Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

4. Content

We call all the electronic documents that you upload and store on your account “Content”.  Our Services display content that is not xopobox’s. This content is the sole responsibility of the person or entity (boxowner, documentprovider and beneficiary) that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. All Content uploaded by you into your account is yours!  We don't control, verify, or endorse the Content that you or others put on the Services.  You are responsible for: (a) all Content in your Xopobox account(s) and that you share through the Services(espcially to Beneficiaries)- and (b) making sure that you have all the rights you need in relation to the Content.  In addition, by storing, using or transmitting Content you confirm that you will not violate any law or these Terms. You agree that when you share your Content (eg beneficiary, documentprovider), you may be allowing other people to access and use your Content in any way without further restriction or compensation to you. You agree to provide Xopobox (as well as agents or service providers acting on Xopobox’s behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, and/or (iv) to respond to an emergency. Be aware that if you appoint a Beneficiary, they will have access to your content at one point in time. Please do not store information which could lead to financial implications or yourself or others once in the hand of untrustworthly persons.

5.      Content storage

The Services are provided from the Netherlands.  By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the Netherlands.   However, you understand that you (or your beneficiairy) can access the Services (including Content) from outside of the Netherlands (subject to applicable law) and that nothing prohibits the processing of other information outside of the Netherlands.  

6. Your xopobox Account

You need a xopobox Account in order to use our Services. You may create your own xopobox Account, or your Account may be assigned to you by an administrator, such as your employer. To protect your xopobox Account, keep your password confidential. You are responsible for the activity that happens on or through your Xopobox Account. Try not to reuse your Xopobox Account password on third-party applications.

7. Privacy and Copyright Protection

Xopobox’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act and Benelux copyright act.

8. Your Content in our Services

Our Services allow you to upload, store or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload, store or receive content to or through our Services, you give Xopobox (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. Our automated systems analyze your content to provide you personally relevant product analysis. This analysis occurs as the content is received, and when it is stored. If you have a Xopobox Account, we may display your Profile name, Profile photo, and actions you take on Xopobox (such as asking documentproviders to send documentation to your xopobox) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Xopobox Account. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

9. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. Xopobox may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

10. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. Other than as expressly set out in these terms or additional terms, neither Xopobox nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

11.    No warranty or conditions  

There are certain things that we do not promise about the Services. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, their reliability, availability, or ability to meet your needs. TO THE EXTENT NOT PROHIBITED BY LAW, XOPOBOX AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

12.    Indemnification

To the extent not prohibited by law, you will defend Xopobox against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Xopobox's actions); or (b) violates applicable law or these Terms.  Xopobox will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware. 

13. Liability for our Services

When permitted by law, Xopobox, and Xopobox’s suppliers, distributors and documentproviders, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of Xopobox, and its suppliers, distributors and documentproviders, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again). In all cases, Xopobox, and its suppliers, distributors and documentproviders, will not be liable for any loss or damage that is not reasonably foreseeable. We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

14. Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Xopobox and its affiliates, officers, agents, documentproviders, beneficiaries and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

15. About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Xopobox and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

15. Xopobox owners

As a xopobox owner you explicity give permission that xopobox can release the content of your xopobox to your beneficiaries. The procedure is as follows: A) A beneficiary clicks on unlock box, B) Xopobox will send 4 emails to the bowowner during 36 hours, C) if boxonwer didn’t respond to stop the inlock procedure, xopobox will make the specific content available to the beneficiary. Boxonwer acknowlegdes that by adding beneficiaries the chance will occor that a beneficairies shall have access tot he box. The boxowner will make sure that he/she only appoints trustworthly people as beneficairies. This is the sole responsiblity of the boxowner. Xopobox will never be liable for misusage of boxowners content by Beneficairy. Boxwoner explicity confirms that he/she will only make available tot the boxowner want he/she want to show to the beneficiary. Boxowner confirms that he/she will take precautions when choosing beneficairies and allowing beneficiairies to see personal data. By selecting documentproviders, a boxowner gives permission to receive documents from that documentprovider and let xopobox process that document into the documentinbox of the boxowner. Boxowner will only make available xopobox email to actual documentproviders, when doing so he/she givens permission that personal data is send the box of the boxowner. Xopobox will never be liable for the content in the box.

16. Beneficiairies

As part of our services we don’t promise that we will be able to make a deceased xopobox available or within a certain timeframe. The procedure is as follows: A) A beneficiary clicks on unlock box, B) Xopobox will send 4 emails to the bowowner during 36 hours, C) if boxowner didn’t respond to stop the procedure, xopobox will make the content available to the beneficiary. Xopobox is never responsible for the content of a xopobox. Eg if the boxowner didn’t complete his/her funeral plan no rights can be derived from that situation. A beneficiary conform that he will not unlock a box when the boxowner is not deceased or in such a state of wellbeing he/she will access his/her box again. As beneficiary you confirm that you take this taks seriously and confirm that you will not violate the privacy of the boxowner in any way. By not doing so you give xopobox the right to pursue legal actions (criminal and civil).

17. Documentproviders

As part our service xopoboxowners can receive documents from document providers directly into their box. Xopobox is not responsible for any content that documentproviders send nor is xopobox responsible for the timely receiving of these documents. As document provider you confirm only to send documents that matter to the boxowner. You will not send any advertisement through this channel. You also confirm only send documents to boxowners that gave permission (privacy) to receive documents and use their private data in that way.

18. Governing Law and Courts

If you are a consumer or business owner, these terms are governed under Dutch law . Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, but Xopobox does not commit to and is not required to settle disputes before any alternative dispute resolution entity. For information about how to contact Xopobox, please visit our contact page.

19. Fees

Xopobox offers both free and paid Services.  If you choose to subscribe to a paid Service, you agree to pay the fees ("Fees") as quoted to you when you purchase that Service.  We are allowed to charge you once your GB limit has passed. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements).  You will pay the Fees in the currency Xopobox quoted at the time of purchase.  Xopobox reserves the right to change the eligible currencies at any time, except where not permitted by applicable law. Xopobox reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration.  After the offer period ends, your use of the Service will be charged at the then-current Fee(s).  If you don't agree to these changes, you must stop using the Service and cancel via email to cancel@xopobox.com (with cancellation confirmation from a Xopobox representative).  If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.  If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and term length for the next subscription period.  We will charge your credit card on file with us on the first day of the renewal of the subscription period.

20. Billing/payment 

If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information).  You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose.   We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis.  To the extent Xopobox has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts.  If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term.  You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.

21. Subscription period

You may select one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the Service purchased): A monthly subscription plan (“Monthly Subscription Plan”). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal order form) unless you cancel your Monthly Subscription. You will be billed on or about the same day each month until such time that you cancel. Although your cancellation request will be processed within three (3) business days, you will not receive a prorated refund of any unused prepaid fees.

22. Xopobox subscription specific terms

If you are purchasing a Xopobox subscription plan, the following additional terms apply to you and your organization: You:  (a) are required to have a Xopobox account for each user, (b) will only receive the features and functionality that are included in the specific subscription plan that you have purchased, (c) are responsible for setting your configurations of the Xopobox Service, and (d) are responsible for managing your users’ activity and any of your devices and/or any systems that you use to access the Xopobox Service.

23. Xopobox software

Your use of the Service may include use of optional downloadable user software (“Software”). This Software may update automatically on your device once a new version or feature is available. Xopobox gives you a personal, worldwide (subject to applicable law), royalty-free, non-assignable and non-exclusive license to use the Software provided to you by Xopobox as part of Service, for the sole purpose of enabling you to use and enjoy the benefit of the Service.

24. Xopobox platform products specific terms  

If you are purchasing any of the Platform products, the following additional terms apply to you: PLATFORM PRODUCT SPECIFIC DEFINITIONS “API” is the application-programming interface used by you to access functionality provided by Xopobox. “Content” means the same specified in Section 6, but includes Content uploaded by Platform Application Users and Platform Service Accounts. “Monthly Active User” or “MAU” is a Platform Application User that uses the Service via an API call (made by or on the behalf of the Platform Application User account) at least once in a monthly calendar period. “Monthly Platform API Calls” is any API call made by a Platform Application to the Service within a monthly calendar period on behalf of: (a) a Platform Application User; (b) a User; or (c) a Platform Service Account, not to exceed your allotted amount.  Except as otherwise set forth in an order, excluded from Monthly Platform API Calls are API calls made on behalf of: (i) third party software application integrations that are permitted with your use of the Service; (ii) Xopobox provided applications (e.g., the Xopobox Web App, Xopobox Desktop, Xopobox Notes, Xopobox Capture); (iii) Xopobox provided services (e.g. Xopobox Shuttle), if applicable. For clarity, any API calls resulting from a Platform Application will be considered chargeable if 95% of its Monthly Platform API Calls are used by you or on your behalf. “Monthly Platform Bandwidth” is the Platform Bandwidth consumed on a monthly calendar basis by or on behalf of: (a) a Platform Application User; (b) a User; or (c) a Platform Service Account, not to exceed your allotted amount.  Unless specified in an order, excluded from Monthly Platform Bandwidth is Platform Bandwidth consumed by: (i) third party software application integrations that are permitted with your use of the Service; (ii) Xopobox provided applications (e.g., the Xopobox Web App, Xopobox Desktop, Xopobox Notes, Xopobox Capture); and (iii) Xopobox provided services, if applicable. For clarity, any platform bandwidth consumption from a Platform Application will be considered chargeable if 95% of its Monthly Platform Bandwidth is used by you or on your behalf. “Platform Application” is an application used by or on behalf of you that uses the API for the purposes of access to the Service. “Platform Application User” is a user with a unique identifier that is created and provisioned by you and such user’s access to Content in the Service is governed through the Platform Application. “Platform Bandwidth” is the flow of data to or from the Service as a result of the Platform Application, measured in gigabytes (GB), not to exceed your allotted amount. “Platform Product(s)” is the Xopobox API(s) that provide programmatic access to the Service from a Platform Application, and any additional Platform Product features and functionalities.  The Platform Products include certain features that permit a Service Account/User/Platform Application User to view, annotate and comment on Content ("View”) if set forth in your order.  Xopobox’s APIs, tools and services made available for development of a Platform Application with respect to the APIs are also Platform Product(s). "Platform Service Account” is a non-Xopobox software application with a unique identifier that is created and provisioned by you and your access to Content in the Service is governed through the Platform Application. “Platform Storage” is the total amount of Content, measured in gigabytes (unless otherwise specified), stored by or on behalf of all Platform Application Users, Platform Service Accounts and any other users of Platform Products, not to exceed your allotted amount. “Platform Use Limit(s)” is the amount as specified and allocated to you for: (i) Monthly Platform Bandwidth, Monthly Platform API Calls, Platform Storage and number of Monthly Active Users; and (ii) any other applicable usage limits or restrictions. “User(s)” is any person who is permitted by you to access, store, retrieve or manage Content in any account.  You receive the features and functionality that are provided in the specific Platform Product(s) that you have registered or purchased.  You agree to only incorporate the API into the Platform Applications for the sole purpose of accessing certain functionality subscribed to by you, solely through the API and associated tools and services.  You will ensure that your usage of the Platform Products is at all times in conformance with the Platform Use Limits, these Terms and applicable law. If you exceed the Platform Use Limits, additional fees will be due and/or reasonable restrictions may be placed on your account until any such excess usage is adequately eliminated by you.  You may not co-brand any Platform Products or use any Xopobox trademarks, logos, or other Xopobox marks to promote and market the Platform Products without Xopobox’s prior written consent. You will not, and will make sure that the Platform Application does not and you will not permit use of the Platform Application:  (a) to violate these Terms; (b) to perform hidden activities without Platform Application User consent (such as downloading components or other software); (c) that may alter a Platform Application User’s system without permission from the Platform Application User; (d) impersonate, or misrepresent an affiliation with, any person or entity;  (e) use in any manner not authorized by a Platform Application User; except as otherwise authorized by a Platform Application User with respect to such Platform Application User’s Content; (f) mine or analyze any Content transmitted to, retrieved from or stored in the Platform Products/the Service (including, but not limited to, through spiders, robots, crawlers, data mining tools, scrapers, or other automated means, or services employing any such means); (g) circumvent any security measures or content filtering devices;  (h) use or affect the Platform Products in any manner that could damage, disable, overburden or impair the Platform Products (including, but not limited to, flooding the Platform Products with an excessive amount of data or content); or (i) permit use in connection with any purposes or intended application which involves risks or dangers that could lead to death, serious bodily injury, severe physical or property damage, or use for purposes that otherwise require significant safety precautions (e.g. uses of the Platform Products in connection with operation of emergency services, air traffic control, mass transport systems, or nuclear facilities).