Terms of Service
IMPORTANT-READ CAREFULLY: YOUR USE OF SPRINGBOX LABS MOBILIZER IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.
IMPORTANT-READ CAREFULLY: BY CLICKING THE “I AGREE” BUTTON OR BY UTILIZING MOBILIZER YOU AGREE TO THESE TERMS AND CONDITIONS.
This is an agreement (“Agreement”) between You and Springbox Labs, Inc. (“Springbox Labs”) for use of Mobilizer. “You” refers to the individual who registered and/or provided Springbox Labs his or her credit card or other payment mechanism for Mobilizer or, if an individual is using and or purchasing Mobilizer on behalf of an entity and is authorized to use and or purchase Mobilizer on behalf of such entity, then “You” refers to such entity. If You do not agree with the terms of this Agreement, click the “Cancel” button and do not use Mobilizer. Any software or technology associated with Mobilizer is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. THE SERVICE.
a. Springbox Labs will provide Mobilizer (or the “Service”) in accordance with this Agreement on a free mode basis or paid subscription mode basis, as elected by You on the order page of this website. Springbox Labs reserves the right in the future to charge for Your use of any portion of the free mode at any time in its sole discretion. If You have selected the free mode use of Mobilizer, you will have the right to use Mobilizer once on the screen and export the image of the screen for your own internal use. If You have selected the paid subscription mode use of Mobilizer, you will have the right to use Mobilizer for the number and type of device verifications (“Device Verification”) as set forth on the order page. Springbox Labs may at its sole discretion modify the features of Mobilizer from time to time without prior notice. You may not access the Service if you are a competitor of Springbox Labs, except with Springbox Labs’ prior written consent. Unless expressly permitted by Springbox Labs in writing, You may use the Service only for internal business purposes and You will not: send or store obscene, libelous, or any unlawful material; send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt performance of the Service; or attempt to gain unauthorized access to the Service or its related systems or networks. You are responsible for all activity occurring under Your Account and You will abide by all applicable laws and regulations in connection with Your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You will notify Springbox Labs of any unauthorized use of any password or Your Account or any other known or suspected breach of security. Springbox Labs does not own any data entered by You into the Service or data that You submit to or use with the Service (“Your Data”). You, not Springbox Labs, will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of Your Data, and Springbox Labs will not be responsible or liable for the retention, deletion, correction, destruction, damage, or loss of Your Data. Mobilizer may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Springbox Labs is not responsible for any delays, delivery failures, or other damage resulting from such problems.
b. In addition, we may use, or you may use, third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own terms and conditions and privacy policies addressing use of such information. You authorize Springbox Labs access to and use of such information through third party services in accordance herewith and with authorizations granted or acquired through log-on and/or click-through acceptance processes related to any such third party services. You agree and confirm that your use, and/or authorization of Springbox Labs’ use, of any such third party services related to Service provided pursuant to these Terms and Conditions is, and shall be, in compliance with any such third party terms and conditions and privacy policies as are applicable to any such use.
2. PROPRIETARY RIGHTS.
Springbox Labs and/or its suppliers, as applicable, retain ownership of all proprietary rights in Mobilizer and in all trade names, trademarks and service marks associated or displayed with Mobilizer. You will not remove, deface or obscure any of Springbox Labs’ or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with Mobilizer. You have only the limited rights with respect to Mobilizer and the Service expressly granted in this Agreement, and all rights not expressly granted by Springbox Labs are reserved. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with Mobilizer. Unless expressly permitted by Springbox Labs in writing, You will not license, sublicense, sell, resell, transfer, assign, or distribute to any third party the Service. You will not: modify or make derivative works based upon the Service; create internet links to the Service or mirror any Service content on any other server or wireless or internet-based device; reverse engineer or access the Service in order to build a competitive product or service, build a product using similar ideas, features, functions, graphics or design of the Service, or copy any ideas, features, functions, graphics or gauges of the Service; or disclose the results of any performance benchmarks to any third party without Springbox Labs’ prior written consent. You will not use Mobilizer in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Springbox Labs website, Mobilizer, or any network or networks connected to Mobilizer or security systems.
a. You acknowledge on Your behalf and on behalf of Your officers, directors, employees, agents and consultants, and those of Your affiliates (“Personnel”), that, during the term of this Agreement, You may receive from or on behalf of Springbox Labs confidential and proprietary information relating to Springbox Labs (“Proprietary Information”). Mobilizer is Springbox Labs’ Proprietary Information. During and after the term of this Agreement, You agree to use the same degree of care to protect our Proprietary Information as You use for Your own proprietary information of like importance but in no event less than a reasonable standard of care, and You will not use our Proprietary Information except as expressly authorized by this Agreement. You will only permit access to our Proprietary Information to those of Your Personnel (i) who require access thereto for a purpose authorized by the Agreement and (ii) who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein.
b. When you upload, submit, store, send or receive content to or through our Services, you give Springbox Labs (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as summaries or 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. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
You agree that Springbox Labs may charge to Your credit card or other payment mechanism selected by You and approved by Springbox Labs (“Your Account”) all amounts due and owing pursuant to any order, including Mobilizer fees, or any other fee or charge associated with Your use of Mobilizer. You agree that in the event Springbox Labs is unable to collect the fees owed to Springbox Labs for Mobilizer through Your Account, Springbox Labs may take any other steps it deems necessary to collect such fees, and/or suspend Your access to the Service until such fees or other charges are paid in full. If access to the Service is interrupted due to Your non-payment or breach of this Agreement, you will nonetheless be responsible for any applicable fees owed by You or for which you committed to pay. You further agree that Springbox Labs may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You are responsible for paying for all Device Verifications ordered, whether or not such Device Verifications are actively used. If you do not use all Device Verifications ordered and paid for by You within the applicable time period stated in Your order, such Device Verifications will expire and you are not entitled to a refund for any unused Device Verifications. The Device Verification fees will be the then-current, generally applicable Device Verification fees. Springbox Labs may modify its fees and charges and introduce new charges at any time, with or without prior notice. You agree to pay, any sales and similar taxes not based on Springbox Labs net income.
5. SUPPORT SERVICES.
Support begins upon the initial date of delivery of the Service and will continue as long as Service is paid for. You can access Springbox Labs support by emailing a request to firstname.lastname@example.org. Support for Mobilizer will be pursuant to the policies and procedures determined in Springbox Labs’ sole discretion from time to time. Support for the free mode will be provided in Springbox Labs’ sole discretion.
You may terminate this Agreement pursuant to the procedure described on our website. You understand that unless You terminate your subscription pursuant to the procedure described on our website, Your subscription will continue to automatically renew for successive terms of the same duration and You will be charged for each such renewal at the subscription fee in effect at the time of that renewal. If You fail to comply with any provision of this Agreement, Springbox Labs may terminate this Agreement immediately without notice. Fees paid or owed are nonrefundable. Upon any termination of this Agreement, You must cease any further use of Mobilizer. Upon termination, Sections 2, 3, 4, 6, 7, 8 and 9 of this Agreement will otherwise survive and remain in effect. Springbox Labs reserves the right to modify or terminate Service at any time without advance notice.
7. NO WARRANTY.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND SPRINGBOX LABS, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPRINGBOX LABS, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR THAT THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU. You agree to indemnify, defend and hold harmless Springbox Labs, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from: (i) Your use of the Service; (ii) Your violation of this Agreement; (iii) Your violation of any federal, state or local laws or regulations; or (iv) the infringement or violation by You or any other user of Your Account, or by Your Data or Your products or services, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Service is not designed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft or ship navigation/ communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Springbox Labs, its affiliates, suppliers and resellers specifically disclaim any express or implied warranty of fitness for such purposes.
8. LIMITATION OF LIABILITY.
SPRINGBOX LABS’ LIABILITY FOR ANY CLAIM ARISING UNDER OR RELATING TO THE AGREEMENT, MOBILIZER OR ANY OTHER SERVICES PROVIDED BY SPRINGBOX LABS UNDER ANY THEORY OF LIABILITY INCLUDING CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO SPRINGBOX LABS FOR MOBILIZER PURSUANT TO THIS AGREEMENT DURING THE ONE (1) MONTH BEFORE THE CLAIM OR CAUSE OF ACTION AROSE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. SPRINGBOX LABS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES, LOSS OF REVENUES OR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
You agree that Springbox Labs may use Your name and/or your company’s name and logo based on the IP address used for Your Account in: (i) Springbox Labs’ customer lists; (ii) on Springbox Labs’ website; and (iii) on other Springbox Labs promotional materials.
b. Choice of Law and Forum.
This Agreement will be governed by and construed under the laws of the State of Texas, U.S.A., as applied to agreements entered into and to be performed in Texas by Texas residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Austin, Texas, USA.
c. Waiver and Severability.
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be limited or severed only as necessary to eliminate such invalidity or unenforceability and the other provisions of this Agreement will remain in full force and effect.
d. Export Restrictions.
You acknowledge that Mobilizer, or any portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of Mobilizer or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
e. General Provisions.
This Agreement embodies the entire understanding and agreement between the parties regarding the subject matter of this Agreement and supersedes any and all prior understandings and agreements, written or oral, between the parties regarding such subject matter. Springbox Labs may change the terms of this Agreement at any time by posting modified terms on our website. This Agreement has been prepared in the English Language and such version will be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to Springbox Labs under this Agreement must be sent to Springbox Labs, Inc., 201 W. 8th St., Austin, TX 78701. Any and all rights and remedies of Springbox Labs upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Springbox Labs, and the exercise of any one remedy by Springbox Labs will not preclude the exercise of any other by Springbox Labs. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.