Definitions
The following words, when capitalized, shall have the meanings set forth below. These definitions apply whether the terms appear in singular or plural forms:
Services and Distribution
Binary Box offers various products and services, including but not limited to applications, content, eBooks, software, solutions, consulting and online services, accessible from Our Website and via authorized third-party channels. When accessing Binary Box via third-party channels, additional terms from those platforms may apply, but these Terms remain in effect.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
User Eligibility
You must be at least 13 years of age to use Our Services. If You are between 13 and 18, parental or guardian consent is required. By using Binary Box, You warrant that any information provided is accurate and current.
Account Registration and Security
You are responsible for safeguarding Your Account credentials. You must promptly inform Us of any unauthorized Account use or security breach. You may not use another person's Account or provide false information. You may not have multiple accounts to gain unfair advantage of the service.
User Conduct and Content
Unauthorized use, copying, or sharing of any Binary Box content is prohibited. All content submitted by Users must be original or properly licensed. You retain ownership of Your Content. By submitting Your content, You grant Us a world-wide, royalty-free, non-exclusive license to display and promote such content. Do not use the Service for unlawful purposes, transmit harmful software, or impersonate others. You represent and warrant that You either own or have permission to use all of Your Content. By using the Service, You grant us and our agents and subcontractors a license to use Your Content for us to provide and ensure proper operation of the Service. You acknowledge and agree that we will have the right to use Your Content for future promotion of the Service.
Intellectual Property
Subject to the limited rights expressly granted in these Terms, we reserve all our rights in and to the Services, including all of our related intellectual property rights (including patents, trademarks, trade secrets, and copyrights). Except as expressly permitted, You are not granted any license or right to use Binary Box's intellectual property without prior written consent. No rights are granted to You under these Terms other than as expressly set forth in these Terms. You are not authorized by us to use our trademarks or brand assets without prior written permission.
Subscription and Payments
Payments for products and services must be made in US Dollars unless specified otherwise.
We may make certain Services available to You free of charge, up to certain limits as described on the Website ("Free Services"). Usage of the Services more than those limits requires You to upgrade to paid Service. We may terminate Your access to Free Services at any time without prior notice and will have no liability in respect of such termination.
If You purchase a specific item or subscribe to our monthly / yearly paid subscription, the 'Paid service' section applies for You. You shall pay for the invoices to us for the term of Your paid usage. Prices are exclusive of value added tax (or other applicable sales tax), which shall be added at the appropriate rate. Subscription starts immediately after Your first payment is processed and will automatically renew each month/year, unless either You or the company cancels it. If the subscription is cancelled, it will end immediately and unpaid invoice might be generated based on Your usage for the subscription period. The company also reserves the right to cancel Your subscription by sending an email to the address provided in Your account.
As long as You're a paid user or have an outstanding balance with us, You will provide with valid debit or credit card information and authorize us to deduct the invoice charges against that card. We do not save card information that You provided, card information and payment processing are done by payment processors.
The Subscription Fees are subject to change at any time, but You will be notified of any change by email to the address listed on Your account. We will also post a notice of the change on the Website. The change will take effect at the beginning of the following billing period.
Refund Policy and Process
For purchases via binarybox.live, You may request a refund within 7 days of purchase by providing a dated receipt and a written request.
For purchases via third-party channels, their refund policy applies. Binary Box is not responsible for refunds on such purchases unless explicitly stated otherwise.
For a subscription service, to be eligible for a refund, You must cancel Your paid subscription within 7 days of payment or subscription. Refund disputes with payment providers are the User's responsibility.
Upon receipt of refund request, we will validate eligibility and if You are eligible for the refund, we will initiate the refund process. Refunds will be issued to the original payment method. Please allow 5 to 10 business days for the refund to be reflected in Your account. Refunds will be subject to applicable fees only as permitted by law.
We reserve the right to update or modify our refund policy at any time. Changes will be effective immediately upon posting on our website.
Access, Termination, and Changes
We may change, suspend, or discontinue any part of the Services at any time. We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Access may be terminated for breaches of these Terms or for lawful reasons, effective immediately. Upon termination, rights granted to You end, except for provisions reasonably intended to survive termination. Either You or we may terminate this Agreement upon written notice (we will be posting on website or send via e-mail) to the other party of a material breach, or if the other party becomes the subject of a petition in insolvency proceedings, bankruptcy, receivership, liquidation or assignment for the benefit of its creditors.
Disclaimers
Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not guarantee error-free or uninterrupted operation, and use is at Your own risk. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Indemnity
You shall defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with Your use of the Service (or us taking any action in relation to the Service at Your direction), including any claim or action from a recipient of any Content sent by means of the Service.
Waiver
Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that You do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking them, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
Limitation of Liability
To the maximum extent permitted by law, Binary Box and its affiliates are not liable for any indirect, incidental, special, or consequential damages. Liability is limited to amounts actually paid by You or $50, whichever is greater.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Assignment
You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms. We may at any time assign, transfer, charge, sub-contract or deal with any party in any other manner with all or any of our rights or obligations under these Terms.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Third-Party Content and Channels
Services may contain links to third-party websites or be provided via third-party channels. Binary Box assumes no responsibility for content or policies on such third-party services. Additional terms may apply when using third-party platforms.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the United States. Any disputes should first be attempted to be resolved informally by contacting Us. Additional provisions may apply for Users in specific jurisdictions.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Force majeure
We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, fires, earthquakes, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Amendments
Binary Box reserves the right to amend these Terms at any time. Continued use following such amendments constitutes acceptance of the revised Terms. Material changes may be communicated via Our Website or by email.
Contact
For any questions, support, or refund requests, please contact:
Email: support@binarybox.com
Website: https://binarybox.live
This document constitutes the entire agreement regarding use of Binary Box's Services, whether accessed on Our Website or through authorized third-party channels.