Terms of Service

Please Read This Carefully

Box Labs Kft. (Company, SessionBox) licenses its browser extension and provides related services pursuant to these terms of service ("Agreement"). This Agreement is a legal contract between you (if you use Company Software and Services in your capacity as an individual) or the legal entity you represent (e.g., your employer) (You) and Company. Read the terms of this Agreement carefully. By clicking "I agree" or using any of the Company Software, You agree to be bound by this Agreement. If You do not agree to the terms of this Agreement, do not click "I agree" or use any of the Company Software.

We reserve the right, at any time, to update and change any or all of these Terms of Service, in our sole discretion, including but not limited to the fees and charges associated with the use of the Services. If we do so, we will post the modified Terms of Service on www.sessionbox.io (the “Site”), though we will notify you of any changes that, in our sole discretion, materially impact these Terms of Service. Continued use of the Services after any such changes have been made shall constitute your consent to such changes. If a change has a material adverse impact on you, and you have contracted and prepaid for a certain term, you may notify us within 30 days after being informed of that change that you do not agree with the change. If you do so, we will delay applying the change to you until your prepaid term ends, or, at our sole and absolute discretion, allow you to cancel your account, and we will refund any prepaid amount pro rata to you. If you use our Services after your prepaid term ends, all changes will apply to you. You are responsible for regularly reviewing the most current version of these Terms of Service, which are currently available at: https://sessionbox.io/home/terms. When we change these Terms of Service, we will modify the "Last Modified" date.

DEFINITIONS

Company Softwaremeans the Company's cloud based platform and browser extensions, known commercially as SessionBox, which provides a platform which lets you create and handle virtual sessions in your browser.

Services means the services that Company provides to its customers in connection with the Company Software, which include, without limitation, the hosting of the server-side portion of an Application on Company's cloud based servers.

Authorized Users means individuals who are directly accessing the Services via an online sign-up process, or individual users authorized by you to use the Services and who you have supplied user identifications and passwords to. Authorized Users may include your employees, consultants, contractors, agents, or your other designees, but shall not include any employee or agent of any SessionBox competitor.

Seat means a single user account associated with a single login to Services, assigned to one Authorized User.

Wherever used in these Terms of Service, “you”, “your”, “Customer”, or similar terms means the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.

WHO MAY USE THE SERVICES

You may use the Services only if you agree to form a binding contract with SessionBox and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 14 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

ACCEPTABLE USE

You shall (i) be responsible for your and your Authorized Users’ compliance with these Terms of Service, including the Fair Use Policy; (ii) be solely responsible for the accuracy, quality, integrity, and legality of Customer Content and of the means by which you acquired or generated Customer Content; (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, including keeping you password and user name confidential and not permitting any third party to access or use your user name, password, or account for the Services; (iv) be solely responsible and liable for all activity conducted through your account in connection with the Services; (v) promptly notify SessionBox if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any Authorized User’s) user name, password, or account; (vi) use the Services only in accordance with applicable laws and government regulations; (vii) comply in all respects with all applicable terms of the Third-Party Services that you subscribe to or otherwise access in connection with your use of the Services. You must not (a) make the Services available to anyone other than to your Authorized Users; (b) allow more than one individual Authorized User to use a Seat; (c) sell, trade, or otherwise transfer your Seats to another party; (d) use the Services to store or transmit any content, including Customer Content, that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law; (e) upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (f) attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (g) access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services; (h) attempt to gain unauthorized access to the Services or its related systems or networks; or (i) authorize, permit, or encourage any third party to do any of the above.

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Company Software, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Company Service. You shall also be responsible for maintaining the security of the Equipment, including but not limited to your account passwords, Named User passwords and files. You shall be aware that Company does not provide any support services under this Agreement.

Fees

Please visit our Payment Policy page to be informed of our latest offers. Some features of the Company Software are free of charge, other features can be used only for a fee. In case you order a feature, which can be used for a fee, by agreeing with our Payment Policy and by ordering the relevant feature, you undertake to pay the fee of the relevant feature.

Commercial usage

Commercial usage of the free license is strictly forbidden. Commercial use is only allowed for paid plans, which explicitly allows commercial usage. Please visit our pricing page to be informed about commercial offers. Commercial usage includes but is not limited to using websites to get a commercial advantage or financial gain. (for example, Online shops, Trader sites, Marketing sites). Using more than three instances of the Company Software from the same IP address is considered commercial usage. We reserve the right to terminate accounts or limit access to Company Software and Services without prior notification in case of commercial use without appropriate paid subscription or written permission from the Company representatives.

Compatibility

Please note that the Company Software is not compatible with all the web browsers, webpages, or all other softwares, therefore it is your liability to check the compatibility issues before deciding to buy the extra features of the Company Software. Please visit our compatibility page before you start to use the Company Software. Please note that the information provided on our compatibility page cannot be deemed as full or exhaustive, due to the number of other pages, softwares, etc. Therefore before buying one of our paid features, please download our trial version of the Company Software, in order to check whether the Company Software fits for your environment, and if it is compatible, with the web browsers, webpages, or all other softwares you wish to use the Company Software with. Please note that in case a compatibility issue may arise, Company shall not refund the fee paid by you. In this case you have the right to terminate this Agreement according to the termination rules of the present Terms of Use.

Licence

Subject to the terms and conditions of this terms of use Box Labs Kft. grants you a limited, worldwide, non-exclusive, revocable, non-transferable right to use the Company Software solely in connection with your internal business operations during the term of the present terms of use. Box Labs Kft. reserves all rights, title and interest of the Company Software and documentation. Except as otherwise explicitly provided in this Terms of Use or as may be expressly permitted by applicable law, you shall not whether directly or indirectly, permit or authorize third parties to, or perpetrate the following acts: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Company Software, documentation or data related to the Company Software, or modify, translate, or create derivative works based on the Company Software; (ii) rent, lease, or otherwise permit third parties to use the Company Software; (iii) use the Company Software to provide services to third parties (e.g., as a service bureau or timesharing); (iv) circumvent or disable any security or other technological features or measures of the Company Software; or (v) remove any proprietary notices or labels.

No Warranty

THE COMPANY SOFTWARE AND SERVICES ARE PROVIDED TO YOU AS IS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND COMPANY HEREBY DISCLAIMS AND EXCLUDES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND SATISFACTORY QUALITY Company does not warrant that any of the Company Software or Services will meet your needs or requirements or be error-free or always available or available at any particular time or that any errors or defects will be corrected. NONE OF THE COMPANY SOFTWARE AND SERVICES IS FAULT TOLERANT. THEY ARE NOT DESIGNED, MANUFACTURED, LICENSED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES, WEAPONS SYSTEMS OR ANY OTHER APPLICATION IN WHICH ITS FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR PHYSICAL OR ENVIRONMENTAL DAMAGE.

LIMITATION OF LIABILITY AND INDEMNITY

IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE.

UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY UNDER THIS AGREEMENT FORM DURING THE MONTH IMMEDIATELY PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You shall indemnify and hold harmless Company and its officers, directors, employees and agents (the "Company Indemnified Parties") from and against liabilities, costs, losses, damages, judgments, expenses (including attorneys' fees and costs of experts and costs of appeals) arising out of or in connection with any and all of the following: (a) any allegation that any of the Applications, Brand Features and Marks or Content infringe, misappropriate or violate any intellectual property right, (b) any violation of this Agreement, including, without limitation, any breach of any representations or warranties contained herein, (c) your provision or distribution of the Application or any Content, (d) your use of any of the Company Software or receipt of the Services, (e) any activity relating to your account, (f) any violation of a third party app store's contracts, policies or procedures; or (e) any failure of You to have all necessary rights and licenses.

TERMS AND TERMINATION

This Agreement will commence upon the acceptance of this Terms of Use by you, and shall be in effect for an indefinite period of time until it is terminated by any of the Parties. Termination of this Agreement for any reason does not relieve you to pay Fees accrued prior to the end of the notice period. Upon written, or e-mail notice, either Party may terminate this Agreement on any grounds with a 15 (fifteen) days long notice period. If you fail to timely pay fees, Company may, without limitation to any of its other rights or remedies, suspend the right of use of the Company Software, or terminate this agreement and terminate your right to use the Company Software with immediate effect. In case you use the Company Software contrary to the rules of acceptable use under the present Terms of Use, or in case you use the Company Software for an illegal aim, the Company is entitled to terminate the present agreement and terminate your right to use the Company Software with immediate effect. Please note that the Company has no obligation to contract with any person, therefore in case the agreement is terminated by the Company with immediate effect due to a contract breach of you, the Company may not wish to contract with you anymore.

CONFIDENTIALITY AND FEEDBACK

You agree to keep confidential and not use other than in the performance of this Agreement or disclose to a third party any information of Company that You know or reasonably should know is confidential to Company.

To the extent you provide Company with any suggestions, information, ideas, or feedback concerning any of the Company Software or Services, including but not limited to, a report of any errors which you discover while using an Application or the Company Software or any related documentation ("Feedback"), such Feedback will be the property of Company. You agree to assign, and hereby assign, all right, title and interest worldwide in the Feedback, and the related intellectual property rights, to Company and agree to assist Company in perfecting and enforcing these rights.

GENERAL

You agree to use the Company Software for legitimate and lawful purposes only. The law applicable to the present Agreement (and any legal disputes originating therefrom) shall be the Hungarian law. Parties shall submit the dispute to the exclusive competence of the Central District Court of Buda, in Budapest, Hungary in case the dispute falls within the competence of district courts. Parties shall submit the dispute to the exclusive competence of the Tribunal of Győr, Hungary in case the dispute falls within the competence of the Tribunals. Company has no liability for any failure of performance or equipment due to causes beyond its reasonable control, including, but not limited to, the following: acts of God, fire, flood, earthquake, tsunami, storm, or other catastrophes; any law, order, regulation, direction, action, or request of any governmental entity or agency, or any civil or military authority; national emergencies, insurrections, riots, wars or acts of terrorism; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties; or failure of the Internet or any telecommunications, hosting or service provider.

CONTACT INFORMATION

If you have any questions about this Agreement, or if you want to contact Company for any reason, please direct all correspondence to: Box Labs Kft, Horvath Mihaly ter 2., Budapest, 1082, Hungary or email [email protected].