FebBox Terms of Service

Posted: Feb 24, 2021

Effective: Feb 24, 2021

Thanks for using FebBox! Our mission is to create a more enlightened way of working by providing an intuitive, unified platform to keep your content safe and accessible while helping you and those you work with stay coordinated and in sync. These terms of service (“Terms”) cover your use and access to our services, client software and websites ("Services"). Your agreement is with TopSpeed Network  Limited Company.  Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy.

Your Stuff & Your Permissions

When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like commenting, sharing, searching, image thumbnails, document previews, optical character recognition (OCR), easy sorting and organization, and personalization to help reduce busywork. To provide these and other features, FebBox accesses, stores, and scans Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities

Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

FebBox may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We aren’t responsible for the content people post and share via the Services.

Help us keep Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 (or older, depending on where you live).

Software

Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Beta Services

We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as FebBox”s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.

Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.

Our Stuff

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, FebBox trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

2-16 Wo Liu Hang Road, HONG KONG
[email protected]

Paid Accounts

Billing. You can increase your storage space and add paid features to your account (turning your account into a “Paid Account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

No Refunds. You may cancel your FebBox Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account.

Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Subscription Channels
Our products may allow subscriptions to be made across different channels and if you need to manage a subscription you must use the original channel. You cannot manage subscriptions across different channels.
Only one subscription can be active per user at a time and if you need to change it, you will need to cancel the original subscription first.

Family plans
Only the owner of the family plan can manage the renewal of the subscription plan or add storage space to the family. If you need to change it, you need to withdraw the member from the family they are in, the original owner withdraws the family plan and then rejoin the new family.

Contents of the membership subscription service
After receiving or having paid to activate the membership subscription service, you can continue to use the Pro features of the app for the corresponding service period.
1. Single subscription service
After subscribing to the single subscription service, your access to the Professional Edition will be opened and extended backwards from the previous term.
2、Continuous annual subscription service
(1) The continuous annual subscription service is an automatic renewal service provided to you when you have opened a membership subscription service. If you activate the annual subscription service, you authorize the application to deduct the annual service fee from your third party payment account, bank card, communication account, iTunes account ("Account"), etc. for the next billing cycle when the subscription service you have activated is about to expire. The chargeback time is within 24 hours before the expiry of the billing cycle.
(2) You can cancel the annual subscription service you have opened through the following channels.
For Apple phones, go to "Settings" on your iOS device → select "Apple ID" → click "Subscriptions" on the account settings page → cancel your subscription.
To cancel your Google Play subscription, please see https://support.google.com/googleplay/answer/7018481
Cancellation is possible at any time. After cancellation, the membership will not expire immediately, but will wait until the end of the billing cycle;
(3) Auto-renewal is equivalent to automatically generating a sub-order for a single subscription each month (year), you can view the specific order details in the order details.

Payment and refund 1. You understand and agree that the membership subscription service is a paid service and that the application will charge a fee for the use of the Internet Value Added Service; you can check the specific duration of the membership subscription service and the corresponding fee on the relevant service page and choose the type of service yourself. Once the membership subscription has been activated, the fees paid are not refundable, regardless of whether you actually use the service or access the electronic content during the corresponding service period. If a refund is required for special reasons (e.g. in the case of a child without parental consent, card theft, our active suspension of the service, etc.), please contact Customer Service to process. Please do not create a dispute through your bank, any dispute arising from your account will be permanently disabled by us. 2. You understand and agree that the Application has the right to determine and amend from time to time, at its sole discretion, the rates and rules relating to the Member Subscription Service, such rates and rules shall be effective upon publication and shall form a valid part of these Terms. If you do not agree to the foregoing standards and rules and their amendments, you have the right to cease using the Membership Subscription Service. Your continued use of the Membership Subscription Service shall be deemed to be your agreement to the same.

FebBox Business Teams

Email address. If you sign up for a FebBox account with an email address provisioned by your organization, your organization may be able to block your use of FebBox until you transition to an account on a FebBox Business or Education team (collectively, “FebBox Business Team”) or you associate your FebBox account with a personal email address.

Using FebBox Business Teams. If you join a FebBox Business Team, you must use it in compliance with your organization’s terms and policies. Please note that FebBox Business Team accounts are subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your FebBox Business Team account. They may also be able to restrict or terminate your access to a FebBox Business Team account. If you convert an existing FebBox account into part of a FebBox Business Team, your administrators may prevent you from later disassociating your account from the FebBox Business Team.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you’re in breach of these Terms,

(b) your use of the Services would cause a real risk of harm or loss to us or other users, or

(c) you don’t have a Paid Account and haven't accessed our Services for 12 consecutive months.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice before termination where:

(a) you’re in material breach of these Terms,

(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or

(c) we're prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond FebBox's control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems. If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, FebBox AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR FebBox'S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, FebBox, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:

i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR

ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT FebBox OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, FebBox, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. FebBox AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH FebBox.

Resolving Disputes

Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against FebBox, you agree to try to resolve the dispute informally by contacting [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or FebBox may bring a formal proceeding.

Judicial Forum for Disputes. You and FebBox agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the Courts in Hong Kong, subject to the mandatory arbitration provisions below. Both you and FebBox consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements.

Controlling Law

These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and FebBox with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

FebBox’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. FebBox may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

(c) improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.