Terms of Service

This is a contract between you (the Customer) and us (BoxedCMS). It describes the services we will provide to you, how we will work together, and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese”, but we have tried to make it as readable as possible. These terms are so important that we cannot provide our products and services to you unless you agree to them. By using the Subscription Service you are agreeing to these terms.


We periodically update these terms. If you have an active BoxedCMS subscription, we will let you know when we do via an email.

Third Party Services And Sites, User Content And BoxedCMS Specialists

If you use another service on BoxedCMS, or follow a link to another site, or work with someone you find on BoxedCMS (such as a Specialist or Circle member), what happens is between you and them. We’re not responsible for it. There’s also a lot of content on BoxedCMS uploaded by our users (like you). We’re not responsible for that either.


Third Party Services. The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).


Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.

Our Intellectual Property

BoxedCMS is protected by various intellectual property laws. This section summarizes what we own and how we share.


Boxed Publishing Services Pvt. Ltd Owns BoxedCMS. The Services are protected by copyright, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.


We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.


Our Demo Content Is For Private Use Only. We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).


Beta Services are provided “as is” and without warranty of any kind, we may suspend, limit, or terminate the Beta Services for any reason at any time without notice, and we will not be liable to you for damages of any kind related to your use of the Beta Services. If we inform you of additional terms and conditions that apply to your use of the Beta Services, those will apply as well. We might require your participation to be confidential, and we might also require you to provide feedback to us about your use of the Beta Services. You agree that we own all rights to use and incorporate your feedback into our services and products, without payment or attribution to you.

Privacy

Our Privacy Policy explains how we handle your and your site visitors’ information. Be sure to read it carefully, as it’s part of our agreement.


Our Privacy Policy explains how we collect, use and share your and your End Users’ information. By using the Services, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.

Paid Services And Fees

Certain BoxedCMS services are paid services. This section explains how we handle payments for those services. For certain paid services, such as site subscriptions and customization, we’ll automatically bill you in regular intervals (such as monthly, annually or based on man hours) unless you disable auto-renewal or cancel your subscription. You can do that anytime.


Fees. You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). For example, to publish Your Sites publicly, you’ll need to pay a subscription fee. Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement.

Automatic Subscription Renewals.

To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one month. We’ll automatically charge you the applicable amount using the payment method you have on file with us. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via the Services or by contacting Customer Care.

Refunds.

While you may cancel any Paid Services at any time, No refunds will be offered for the Software once it has been downloaded except in our sole discretion, or if legally required.

Fee Changes.

We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.

Chargebacks.

If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account.

Our Payment Gateway.

We use a third party payment gateway(the “Payment Gateway”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Gateway, in addition to this Agreement. Our current Payment Gateway is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Gateway. You agree to pay us, through the Payment Gateway, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make a payment using the payment method you provide with your Account.

Fees For Third Party Services.

Third Party Services purchased via the Services may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third Party Services will be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. We don’t offer refunds for purchases of Third Party Services.

Warranty Disclaimers

We work hard to make BoxedCMS great, but the Services are provided as is, without warranties.


To the fullest extent permitted by law, BoxedCMS makes no warranties, either expressed or implied, about the Services. The Services are provided “as is.” BoxedCMS also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from BoxedCMS shall create any warranty.

Limitation Of Liability

If something bad happens as a result of your using BoxedCMS, our liability is capped.


To the fullest extent permitted by law, in no event will BoxedCMS be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not BoxedCMS has been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of BoxedCMS for all claims arising out of or related to the Services and this Agreement.

Indemnification

If you do something that gets us sued, you’ll cover us. To the fullest extent permitted by law, you agree to indemnify and hold harmless BoxedCMS from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content and Your Sites (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.

Compliance Law

Before filing a claim against BoxedCMS, you agree to try to work it out informally with us first. Claims can only be bought individually, and not as part of a class action.


We will comply with all the laws of India and you agree that the courts of Bangalore (where applicable) in our provision of the Subscription Service, the Consulting Services and our processing of Customer Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.


You will not directly or indirectly export, re-export, or transfer the Subscription Service or Consulting Services to prohibited countries or individuals or permit use of the Subscription Service or Consulting Services by prohibited countries or individuals.If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

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