Terms & Policies

1. Terms Of Service

Effective day 25th April 2023

This IndexBox Subscription Terms of Service ("Agreement") is entered into by and between the IndexBox entity set forth below ("IndexBox") and the entity or person placing an order for or accessing any Services ("Customer" or "you"). If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to "you" or "Customer" reference your company.

This Agreement permits Customer to purchase subscriptions to online software-as-a-service products and other products and services from IndexBox pursuant to any IndexBox ordering documents, online registration, order descriptions or order confirmations referencing this Agreement ("Order Form(s)") and sets forth the basic terms and conditions under which those products and services will be delivered. This Agreement will govern Customer's initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.

The "Effective Date" of this Agreement is the date which is the earlier of (a) Customer's initial access to any Service (as defined below) through any online provisioning, registration or order process or (b) the effective date of the first Order Form referencing this Agreement.

As used in this Agreement, “IndexBox” means (a) IndexBox, Inc., a Delaware corporation with offices at 440 N Barranca Ave #6008 Covina 91723 CA, USA, if Customer's shipping address on the applicable Order Form is located in the United States of America; or (b) IndexBox S.a r.l., a Luxembourg company with offices at 29, Boulevard Grande-Duchesse Charlotte L-1331 LU, Luxembourg, if Customer's shipping address on the applicable Order Form is located anywhere else in the world.

Modifications to this Agreement: From time to time, IndexBox may modify this Agreement. Unless otherwise specified by IndexBox, changes become effective for Customer upon renewal of Customer's current Subscription Term (as defined below) or entry into a new Order Form. IndexBox will use reasonable efforts to notify Customer of the changes through communications via Customer's account, email or other means. Customer may be required to click to accept or otherwise agree to the modified Agreement before renewing a Subscription Term or entering into a new Order Form, and in any event continued use of the Services after the updated version of this Agreement goes into effect will constitute Customer's acceptance of such updated version. If IndexBox specifies that changes to the Agreement will take effect prior to Customer's next renewal or order (such as for legal compliance or product change reasons) and Customer objects to such changes, Customer may terminate the applicable Subscription Term and receive as its sole remedy a refund of any fees Customer has pre-paid for use of the applicable Services for the terminated portion of the Subscription Term.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING ANY SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE ANY SERVICES. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE READ IT CAREFULLY.


1.1 Definitions

"Affiliate" means any entity under the control of Customer where "control" means ownership of or the right to control greater than 50% of the voting securities of such entity.

"AUP" means IndexBox's Acceptable Use Policy, available at terms-and-policies#aup or a successor URL.

"Contractor" means an independent contractor or consultant who is not a competitor of IndexBox.

"Customer Data" means any data of any type that is submitted to the Services by or on behalf of Customer, including without limitation: (a) data submitted, uploaded or imported to the Services by Customer (including from Third Party Platforms) and (b) data provided by or about People (including chat and message logs) that are collected from the Customer Properties using the Services.

"Customer Properties" means Customer's websites, apps, or other offerings owned and operated by (or for the benefit of) Customer through which Customer uses the Services to communicate with People.

"Room" means IndexBox's user interface for accessing and administering the Services that Customer may access via the web or the IndexBox Apps.

"Documentation" means the technical user documentation provided with the Services.

"Feedback" means comments, questions, suggestions or other feedback relating to any IndexBox product or service.

"IndexBox App" means any mobile application or desktop client software included in the applicable Service that is made available by IndexBox.

"IndexBox Code" means certain JavaScript code, software development kits (SDKs) or other code provided by IndexBox for deployment on Customer Properties.

"Laws" means all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data.

"People" (in the singular, "Person") means Customer's end user customers, potential customers, and other users of and visitors to the Customer Properties.

"Permitted User" means an employee or Contractor of Customer or its Affiliate who is authorized to access the Service.

"Sensitive Personal Information" means any of the following: (i) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards ("PCI DSS"); (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act ("HIPAA"); or (iii) any other personal data of an EU citizen deemed to be in a "special category" (as identified in EU Data Protection Directive 95/46/EC or any successor directive or regulation).

"Services" means IndexBox's proprietary software-as-a-service solution(s), including the Room, IndexBox application programming interfaces (APIs), IndexBox Code and IndexBox Apps, as described in the applicable Order Form.

"Taxes" means any sales, use, GST, value-added, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of IndexBox.

"Third-Party Platform" means any software, software-as-a-service, data sources or other products or services not provided by IndexBox that are integrated with Services as described in the Documentation.


1.2 IndexBox Services

1.2.1 Services Overview. IndexBox's Services are a suite of messaging software-as-a-service solutions offered through a single platform. Customer may import and export Data between the Services and certain Third-Party Platforms through supported integrations.

1.2.2 Provision of Services. Each Service is provided on a subscription basis for a set term designated on the Order Form (each, a "Subscription Term"). IndexBox may also offer Products such as Marketing Reports and Datasets for sale. Customer will purchase and IndexBox will provide the specific Services and related Products as specified in the applicable Order Form.

1.2.3 Access to Services. Customer may access and use the Services solely for its own benefit and in accordance with the terms and conditions of this Agreement, the Documentation and any scope of use restrictions designated in the applicable Order Form. Use of and access to the Services is permitted only by Permitted Users. If Customer is given API keys or passwords to access the Services on IndexBox's systems, Customer will require that all Permitted Users keep API keys, user ID and password information strictly confidential and not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. If Customer is accessing the Services using credentials provided by a third party (e.g., Google), then Customer will comply with all applicable terms and conditions of such third party regarding provisioning and use of such credentials. Customer will be responsible for any and all actions taken using Customer's accounts and passwords. If any Permitted User who has access to a user ID is no longer an employee (or Contractor, as set forth below) of Customer, then Customer will immediately delete such user ID and otherwise terminate such Permitted User's access to the Service. The right to use the Services includes the right to deploy IndexBox Code on Customer Properties in order to enable messaging, chat and similar functionality and to collect Customer Data for use with the Services as further described below.

1.2.4 IndexBox Apps. To the extent IndexBox provides IndexBox Apps for use with the Services, subject to all of the terms and conditions of this Agreement, IndexBox grants to Customer a limited, non-transferable, non-sublicensable, non-exclusive license during any applicable Subscription Term to use the object code form of the IndexBox Apps internally, but only in connection with Customer's use of the Service and otherwise in accordance with the Documentation and this Agreement.

1.2.5 Deployment of IndexBox Code. Subject to all of the terms and conditions of this Agreement, IndexBox grants to Customer a limited, non-transferable, non-sublicensable, non-exclusive license during any applicable Subscription Term to copy the IndexBox Code in the form provided by IndexBox on Customer Properties solely to support Customer's use of the Service and otherwise in accordance with the Documentation and this Agreement. Customer must implement IndexBox Code on the Customer Properties in order to enable features of the Services. Customer will implement all IndexBox Code in strict accordance with the Documentation and other instructions provided by IndexBox. Customer acknowledges that any changes made to the Customer Properties after initial implementation of IndexBox Code may cause the Services to cease working or function improperly and that IndexBox will have no responsibility for the impact of any such Customer changes.

1.2.6 Contractors and Affiliates. Customer may permit its Contractors and its Affiliates' employees and Contractors to serve as Permitted Users, provided Customer remains responsible for compliance by such individuals with all of the terms and conditions of this Agreement, and any use of the Services by such individuals is for the sole benefit of Customer.

1.2.7 General Restrictions. Customer will not (and will not permit any third party to): (a) rent, lease, provide access to or sublicense the Services to a third party; (b) use the Services to provide, or incorporate the Services into, any product or service provided to a third party; (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to IndexBox);(d) copy or modify the Services or any Documentation, or create any derivative work from any of the foregoing; (e) remove or obscure any proprietary or other notices contained in the Services (including without limitation (i) the "Powered by IndexBox" designation that may appear as part of the deployment of the Services on Customer Properties and (ii) notices on any reports or data printed from the Services); or (f) publicly disseminate information regarding the performance of the Services.

1.2.8 IndexBox APIs. If IndexBox makes access to any APIs available as part of the Services, IndexBox reserves the right to place limits on access to such APIs (e.g., limits on numbers of calls or requests). Further, IndexBox may monitor Customer's usage of such APIs and limit the number of calls or requests Customer may make if IndexBox believes that Customer's usage is in breach of this Agreement or may negatively affect the Services (or otherwise impose liability on IndexBox).

1.2.9 Trial Subscriptions. If Customer receives free access or a trial or evaluation subscription to the Service (a "Trial Subscription"), then Customer may use the Services in accordance with the terms and conditions of this Agreement for a period of thirty (30) days or such other period granted by IndexBox (the "Trial Period"). Trial Subscriptions are permitted solely for Customer's use to determine whether to purchase a paid subscription to the Services. Trial Subscriptions may not include all functionality and features accessible as part of a paid Subscription Term. If Customer does not enter into a paid Subscription Term, this Agreement and Customer's right to access and use the Services will terminate at the end of the Trial Period. IndexBox has the right to terminate a Trial Subscription at any time for any reason. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, INDEXBOX WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS WITH RESPECT TO TRIAL SUBSCRIPTIONS.


1.3 Customer Data

1.3.1 Rights in Customer Data. As between the parties, Customer will retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to IndexBox. Subject to the terms of this Agreement, Customer hereby grants to IndexBox a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide the Services to Customer.

1.3.2 Storage of Customer Data. IndexBox does not provide an archiving service. IndexBox agrees only that it will not intentionally delete any Customer Data from any Service prior to termination of Customer's applicable Subscription Term. IndexBox expressly disclaims all other obligations with respect to storage.

1.3.3 Customer Obligations.

a) In General. Customer is solely responsible for the accuracy, content and legality of all Customer Data. Customer represents and warrants to IndexBox that Customer has all necessary rights, consents and permissions to collect, share and use all Customer Data as contemplated in this Agreement (including granting IndexBox the rights in Section 3.1 (Rights in Customer Data)) and that no Customer Data will violate or infringe (i) any third party intellectual property, publicity, privacy or other rights, (ii) any Laws, or (iii) any terms of service, privacy policies or other agreements governing the Customer Properties or Customer's accounts with any Third-Party Platforms. Customer further represents and warrants that all Customer Data complies with the AUP. Customer will be fully responsible for any Customer Data submitted to the Services by any Person as if it was submitted by Customer.

b) No Sensitive Personal Information. Customer specifically agrees not to use the Services to collect, store, process or transmit any Sensitive Personal Information. Customer acknowledges that IndexBox is not a Business Associate or subcontractor (as those terms are defined in HIPAA) or a payment card processor and that the Services are neither HIPAA nor PCI DSS compliant. IndexBox will have no liability under this Agreement for Sensitive Personal Information, notwithstanding anything to the contrary herein.

c) Compliance with Laws. Customer agrees to comply with all applicable Laws in its use of the Services. Without limiting the generality of the foregoing, Customer will not engage in any unsolicited advertising, marketing, or other activities using the Services, including without limitation any activities that violate the Telephone Consumer Protection Act of 1991, CAN-SPAM Act of 2003 or any other anti-spam laws and regulations.

d) Disclosures on Customer Properties. Customer acknowledges that the IndexBox Code causes a unique cookie ID to be associated with each Person who accesses the Customer Properties, which cookie ID enables IndexBox to provide the Services. Customer will include on each Customer Property a link to its privacy policy that discloses Customer's use of third party tracking technology to collect data about People as described in this Agreement. Customer's privacy policy must disclose how, and for what purposes, the data collected through IndexBox Code will be used or shared with IndexBox as part of the Services. Customer must also provide People with clear and comprehensive information about the storing and accessing of cookies or other information on the Peoples' devices where such activity occurs in connection with the Services and as required by applicable Laws. For clarity, as between Customer and IndexBox, Customer will be solely responsible for obtaining the necessary clearances, consents and approvals from People under all applicable Laws.

1.3.4 Indemnification by Customer. Customer will indemnify, defend and hold harmless IndexBox from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to any Customer Data or breach or alleged breach by Customer of Section 3.3 (Customer Obligations). This indemnification obligation is subject to Customer receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for Customer to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all necessary cooperation of IndexBox at Customer's expense. Notwithstanding the foregoing sentence, (a) IndexBox may participate in the defense of any claim by counsel of its own choosing, at its cost and expense and (b) Customer will not settle any claim without IndexBox's prior written consent, unless the settlement fully and unconditionally releases IndexBox and does not require IndexBox to pay any amount, take any action, or admit any liability.

1.3.5 Aggregated Anonymous Data. Notwithstanding anything to the contrary herein, Customer agrees that IndexBox may obtain and aggregate technical and other data about Customer's use of the Services that is non-personally identifiable with respect to Customer ("Aggregated Anonymous Data"), and IndexBox may use the Aggregated Anonymous Data to analyze, improve, support and operate the Services and otherwise for any business purpose during and after the term of this Agreement, including without limitation to generate industry benchmark or best practice guidance, recommendations or similar reports for distribution to and consumption by Customer and other IndexBox customers. For clarity, this Section 3.5 does not give IndexBox the right to identify Customer as the source of any Aggregated Anonymous Data.


1.4 Security

IndexBox agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of any Service or Customer Data. However, IndexBox will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond IndexBox's control.


1.5 Third-Party Platforms

The Services may support integrations with certain Third-Party Platforms. In order for the Services to communicate with such Third-Party Platforms, Customer may be required to input credentials in order for the Services to access and receive relevant information from such Third-Party Platforms. By enabling use of the Services with any Third-Party Platform, Customer authorizes IndexBox to access Customer's accounts with such Third-Party Platform for the purposes described in this Agreement. Customer is solely responsible for complying with any relevant terms and conditions of the Third-Party Platforms and maintaining appropriate accounts in good standing with the providers of the Third-Party Platforms. Customer acknowledges and agrees that IndexBox has no responsibility or liability for any Third-Party Platform or any Customer Data exported to a Third-Party Platform. IndexBox does not guarantee that the Services will maintain integrations with any Third-Party Platform and IndexBox may disable integrations of the Services with any Third-Party Platform at any time with or without notice to Customer. For clarity, this Agreement governs Customer's use of and access to the Services, even if accessed through an integration with a Third-Party Platform.


1.6 Ownership

1.6.1. IndexBox Technology. This is a subscription agreement for access to and use of the Services. Customer acknowledges that it is obtaining only a limited right to the Services and that irrespective of any use of the words "purchase", "sale" or like terms in this Agreement no ownership rights are being conveyed to Customer under this Agreement. Customer agrees that IndexBox or its suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services and all Documentation, professional services deliverables and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, including as may incorporate Feedback (collectively, "IndexBox Technology"). Except as expressly set forth in this Agreement, no rights in any IndexBox Technology are granted to Customer. Further, Customer acknowledges that the Services are offered as an on-line, hosted solution, and that Customer has no right to obtain a copy of any of the Services, except for IndexBox Code and the IndexBox Apps in the format provided by IndexBox.

1.6.2. Feedback. Customer, from time to time, may submit Feedback to IndexBox. IndexBox may freely use or exploit Feedback in connection with any of its products or services.


1.7 Subscription Term, Fees & Payment

1.7.1 Subscription Term and Renewals. Unless otherwise specified on the applicable Order Form, each Subscription Term will automatically renew for additional twelve month periods (for annual subscription), 30 days (for monthly subscription), and 24 hours (for daily subscription) unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current Subscription Term.

1.7.2 Fees and Payment. All fees are as set forth in the applicable Order Form and will be paid by Customer within thirty (30) days of invoice, unless (a) Customer is paying via Credit Card (as defined below) or (b) otherwise specified in the applicable Order Form. Except as expressly set forth in Section 9 (Limited Warranty) and Section 14 (Indemnification), all fees are non-refundable. The rates in the Order Form are valid for the initial twelve (12) month period of each Subscription Term and thereafter may be subject to an automatic adjustment increase of up to ten percent (10%) per year. Customer is responsible for paying all Taxes, and all Taxes are excluded from any fees set forth in the applicable Order Form. If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, IndexBox receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made. Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.

1.7.3 Payment Via Credit Card. If you are purchasing the Services via credit card, debit card or other payment card ("Credit Card"), the following terms apply:

  1. Recurring Billing Authorization. By providing Credit Card information and agreeing to purchase any Services, Customer hereby authorizes IndexBox (or its designee) to automatically charge Customer's Credit Card on the same date of each calendar year (for annual subscription), 31st day (for monthly subscription), and 25th hour (for daily subscription) during the Subscription Term for all fees accrued as of that date (if any) in accordance with the applicable Order Form.
  2. Foreign Transaction Fees. Customer acknowledges that for certain Credit Cards, the issuer of Customer's Credit Card may charge a foreign transaction fee or other charges.
  3. Invalid Payment. If a payment is not successfully settled due to expiration of a Credit Card, insufficient funds, or otherwise, Customer remains responsible for any amounts not remitted to IndexBox and IndexBox may, in its sole discretion, either (i) invoice Customer directly for the deficient amount, (ii) continue billing the Credit Card once it has been updated by Customer (if applicable) or (iii) terminate this Agreement.
  4. Changing Credit Card Information. At any time, Customer may change its Credit Card information by entering updated Credit Card information via the "Add card" button in the Room.
  5. Termination of Recurring Billing. In addition to any termination rights set forth in this Agreement, Customer may terminate the Subscription Term by sending IndexBox notice of non-renewal to [email protected] in accordance with Section 7.1 (Subscription Term and Renewals) or, if Customer's Subscription Term is on an annual basis (or if otherwise permitted by IndexBox), by terminating via the "Subscription" section on the Room page https://app.indexbox.io/room, with termination effective at the end of the current Subscription Term. As set forth in Section 2.9 (Trial Subscriptions), if Customer does not enter into a paid Subscription Term following a Trial Period, this Agreement and Customer's right to access and use the Services will terminate at the end of the Trial Period and Customer's Credit Card will not be charged.
  6. Payment of Outstanding Fees. Upon any termination or expiration of the Subscription Term, IndexBox will charge Customer's Credit Card (or invoice Customer directly) for any outstanding fees for Customer's use of the Services during the Subscription Term, after which IndexBox will not charge Customer's Credit Card for any additional fees.

1.7.4 Suspension of Service. If Customer's account is thirty (30) days or more overdue, in addition to any of its other rights or remedies (including but not limited to any termination rights set forth herein), IndexBox reserves the right to suspend Customer's access to the applicable Service (and any related services) without liability to Customer until such amounts are paid in full. IndexBox also reserves the right to suspend Customer's access to the Services without liability to Customer if Customer's use of the Services is in violation of the AUP.


1.8 Term and Termination

1.8.1 Term. This Agreement is effective as of the Effective Date and expires on the date of expiration or termination of all Subscription Terms.

1.8.2 Termination for Cause. Either party may terminate this Agreement (including all related Order Forms) if the other party (a) fails to cure any material breach of this Agreement (including a failure to pay fees) within thirty (30) days after written notice;(b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors' arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).

1.8.3 Effect of Termination. Upon any expiration or termination of this Agreement, Customer will immediately cease any and all use of and access to all Services (including any and all related IndexBox Technology) and delete (or, at IndexBox's request, return) any and all copies of the Documentation, any IndexBox passwords or access codes and any other IndexBox Confidential Information in its possession. Provided this Agreement was not terminated for Customer's breach, Customer may retain and use internally copies of all reports exported from any Service prior to termination. Customer acknowledges that following termination it will have no further access to any Customer Data input into any Service, and that IndexBox may delete any such data as may have been stored by IndexBox at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under this Agreement, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law or otherwise.

1.8.4 Survival. The following Sections will survive any expiration or termination of this Agreement: 2.7 (General Restrictions), 2.9 (Trial Subscriptions), 3.2 (Storage of Customer Data), 3.4 (Indemnification by Customer), 3.5 (Aggregated Anonymous Data), 6 (Ownership), 7.2 (Fees and Payment), 7.3 (Payment Via Credit Card), 8 (Term and Termination), 9.2 (Warranty Disclaimer), 13 (Limitation of Remedies and Damages), 14 (Indemnification), 15 (Confidential Information) and 17 (General Terms).


1.9. Limited Warranty

1.9.1 Limited Warranty. IndexBox warrants, for Customer's benefit only, that each Service will operate in substantial conformity with the applicable Documentation. IndexBox's sole liability (and Customer's sole and exclusive remedy) for any breach of this warranty will be, at no charge to Customer, for IndexBox to use commercially reasonable efforts to correct the reported non-conformity, or if IndexBox determines such remedy to be impracticable, either party may terminate the applicable Subscription Term and Customer will receive as its sole remedy a refund of any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. The limited warranty set forth in this Section 9.1 will not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which Customer first noticed the non-conformity, (ii) if the error was caused by misuse, unauthorized modifications or third-party hardware, software or services, or (iii) to use provided on a no-charge, trial or evaluation basis.

1.9.2 Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 9.1, ALL SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED "AS IS". NEITHER INDEXBOX NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. INDEXBOX DOES NOT WARRANT THAT CUSTOMER'S USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES INDEXBOX WARRANT THAT IT WILL REVIEW THE CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS OR CORRUPTION. INDEXBOX SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF INDEXBOX. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.


1.10 Availability and Service Credits

The Services are available subject to IndexBox's Service Level Agreement. ("SLA").


1.11 Support

During the Subscription Term of each Service, IndexBox will provide end user support in accordance with IndexBox's Support Policy ("Support Policy").


1.12 Professional Services

IndexBox will provide the professional consulting services ("Professional Services") purchased in the applicable Order Form. The scope of Professional Services will be as set forth in a Statement of Work referencing this Agreement and executed by both parties describing the work to be performed, fees and any applicable milestones, dependencies and other technical specifications or related information ("SOW"). Unless Professional Services are provided on a fixed-fee basis, Customer will pay IndexBox at the per-hour rates set forth in the Order Form (or, if not specified, at IndexBox's then-standard rates) for any excess services. Customer will reimburse IndexBox for reasonable travel and lodging expenses as incurred. Customer may use anything delivered as part of the Professional Services in support of authorized use of the Services and subject to the terms regarding Customer's rights to use the Service set forth in Section 2 (IndexBox Services) and the applicable SOW, but IndexBox will retain all right, title and interest in and to any such work product, code or deliverables and any derivative, enhancement or modification thereof created by IndexBox (or its agents).


1.13 Limitation of Remedies and Damages

1.13.1 Consequential Damages Waiver. EXCEPT FOR EXCLUDED CLAIMS (DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

1.13.2 Liability Cap. INDEXBOX'S AND ITS SUPPLIERS' ENTIRE LIABILITY TO CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO INDEXBOX DURING THE PRIOR TWELVE (12) MONTHS UNDER THIS AGREEMENT.

1.13.3 Excluded Claims. "Excluded Claims" means any claim arising (a) from Customer's breach of Section 2.7 (General Restrictions); (b) under Section 3.3 (Customer Obligations) or 3.4 (Indemnification by Customer); or (c) from a party's breach of its obligations in Section 15 (Confidential Information) (but excluding claims arising from operation or non-operation of any Service).

1.13.4 Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 13 apply regardless of the form of action, whether in contact, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.


1.14 Indemnification

IndexBox will defend Customer from and against any claim by a third party alleging that a Service when used as authorized under this Agreement infringes a U.S. patent, U.S. copyright, or U.S. trademark and will indemnify and hold harmless Customer from and against any damages and costs finally awarded against Customer or agreed in settlement by IndexBox (including reasonable attorneys' fees) resulting from such claim, provided that IndexBox will have received from Customer: (i) prompt written notice of such claim (but in any event notice in sufficient time for IndexBox to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense and settlement (if applicable) of such claim; and (iii) all reasonable necessary cooperation of Customer. If Customer's use of a Service is (or in IndexBox's opinion is likely to be) enjoined, if required by settlement or if IndexBox determines such actions are reasonably necessary to avoid material liability, IndexBox may, in its sole discretion: (a) substitute substantially functionally similar products or services; (b) procure for Customer the right to continue using such Service; or if (a) and (b) are not commercially reasonable, (c) terminate this Agreement and refund to Customer the fees paid by Customer for the portion of the Subscription Term that was paid by Customer but not rendered by IndexBox. The foregoing indemnification obligation of IndexBox will not apply: (1) if such Service is modified by any party other than IndexBox, but solely to the extent the alleged infringement is caused by such modification; (2) if such Service is combined with products or processes not provided by IndexBox, but solely to the extent the alleged infringement is caused by such combination; (3) to any unauthorized use of such Service; (4) to any action arising as a result of Customer Data or any third-party deliverables or components contained within such Service; (5) to the extent the alleged infringement is not caused by the particular technology or implementation of the Service but instead by features common to any similar product or service; or (6) if Customer settles or makes any admissions with respect to a claim without IndexBox's prior written consent. THIS SECTION 14 SETS FORTH IndexBox's AND ITS SUPPLIERS' SOLE LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT.


1.15 Confidential Information

Each party (as "Receiving Party") agrees that all code, inventions, know-how, business, technical and financial information it obtains from the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any IndexBox Technology, performance information relating to any Service, and the terms and conditions of this Agreement will be deemed Confidential Information of IndexBox without any marking or further designation. Except as expressly authorized herein, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under this Agreement. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know (including, for IndexBox, the subcontractors referenced in Section 1.17.8 (Subcontractors)), provided that such representatives are bound to confidentiality obligations no less protective of the Disclosing Party than this Section 15 and that the Receiving Party remains responsible for compliance by any such representative with the terms of this Section 15. The Receiving Party's confidentiality obligations will not apply to information that the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information;(ii) is or has become public knowledge through no fault of the Receiving Party;(iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may make disclosures to the extent required by law or court order, provided the Receiving Party notifies the Disclosing Party in advance and cooperates in any effort to obtain confidential treatment. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.


1.16 Co-Marketing

At the request of IndexBox, Customer agrees to the issuance of a joint press release ("Press Release") on a mutually agreed upon date or the 90th day from the Effective Date, whichever is earlier. Each party will have the right to approve the Press Release in advance, but such approval will not be unreasonably delayed or withheld. Customer also agrees to participate in other reasonable marketing activities that promote the benefits of the Services to other potential customers and to use of Customer's name and logo on IndexBox's web site and in IndexBox promotional materials. Customer agrees that IndexBox may disclose Customer as a customer of IndexBox.


1.17 General Terms

1.17.1 Assignment. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. Neither party may assign this Agreement without the advance written consent of the other party, except that either party may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of such party's assets or voting securities. Any attempt to transfer or assign this Agreement except as expressly authorized under this Section 17.1 will be null and void.

1.17.2 Severability. If any provision of this Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in effect.


1.17.3 Governing Law; Dispute Resolution.

a) Direct Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, whether arising in contract, tort or otherwise, ("Dispute"), the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled "Initial Notice of Dispute," specifically setting forth the precise nature of the dispute ("Initial Notice of Dispute"). If an Initial Notice of Dispute is being sent to IndexBox it must be emailed to [email protected] and sent via mail to:

Attn: Legal Department
IndexBox, Inc.
440 N Barranca Ave #6008
Covina 91723 CA, US

Following receipt of the Initial Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the Dispute that is satisfactory to both parties ("Direct Dispute Resolution"). If the parties are unable to reach a resolution of the Dispute through Direct Dispute Resolution within thirty (30) days of the receipt of the Initial Notice of Dispute, then the Dispute shall subsequently be resolved by arbitration as set forth below.

b) Arbitration. IN THE EVENT THAT A DISPUTE BETWEEN THE PARTIES CANNOT BE SETTLED THROUGH DIRECT DISPUTE RESOLUTION, AS DESCRIBED ABOVE, THE PARTIES AGREE TO SUBMIT THE DISPUTE TO BINDING ARBITRATION. BY AGREEING TO ARBITRATE, THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL. The arbitration shall be conducted before a single neutral arbitrator, before JAMS in San Francisco, California. The arbitration shall be administered by JAMS in accordance with this document and the JAMS Streamlined Rules and Procedures for the Arbitration, with one addition: The limitation of one discovery deposition per side shall be applied by the arbitrator, unless it is determined, based on all relevant circumstances, that more depositions are warranted. The arbitrator shall consider the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery.

The arbitration will occur in San Francisco, California, but the parties may choose to appear by person, by phone, by another virtual means, or through the submission of documents.

The arbitrator will issue a ruling in writing. Any issue concerning the extent to which any dispute is subject to arbitration, the applicability, interpretation, or enforceability of this agreement shall be resolved by the arbitrator. To the extent state law is applicable, the arbitrator shall apply the substantive law of California.

All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrators may disclose the content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. The result of the arbitration shall be binding on the parties and judgment on the arbitrator's award may be entered in any court having jurisdiction. The arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration.

c) Choice of Law and Jurisdiction. FOR ANY CLAIM WHICH IS NOT SUBJECT TO THIS DISPUTE RESOLUTION PROVISION, CUSTOMER AGREES TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA. IN ANY DISPUTE, CALIFORNIA LAW SHALL APPLY.

d) Construction and Joinder. THIS AGREEMENT MUST BE CONSTRUED AS IF IT WAS JOINTLY WRITTEN BY BOTH PARTIES. BOTH CUSTOMER AND INDEXBOX AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN THE EVENT OF ANY DISPUTE CONCERNING THE VALIDITY OR ENFORCEABILITY OF THIS PROVISION, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.

e) Injunctive Relief. Notwithstanding the above provisions, IndexBox may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

1.17.4 Notice. Any notice or communication required or permitted under this Agreement will be in writing to the parties at the addresses set forth on the Order Form or at such other address as may be given in writing by either party to the other in accordance with this Section and will be deemed to have been received by the addressee (i) if given by hand, immediately upon receipt; (ii) if given by overnight courier service, the first business day following dispatch or (iii) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail.

1.17.5 Amendments; Waivers. Except as otherwise provided herein, no supplement, modification, or amendment of this Agreement will be binding, unless executed in writing by a duly authorized representative of each party to this Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. No provision of any purchase order or other business form employed by Customer will supersede the terms and conditions of this Agreement, and any such document relating to this Agreement will be for administrative purposes only and will have no legal effect.

1.17.6 Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. Customer acknowledges that the Services are on-line, subscription-based products, and that in order to provide improved customer experience IndexBox may make changes to the Services, and IndexBox will update the applicable Documentation accordingly. The support and service level availability terms described in the Support Policy and the SLA may be updated from time to time upon reasonable notice to Customer to reflect process improvements or changing practices (but the modifications will not materially decrease IndexBox's obligations as compared to those reflected in such terms as of the Effective Date).

1.17.7 Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events that occur after the signing of this Agreement and that are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.

1.17.8 Subcontractors . IndexBox may use the services of subcontractors and permit them to exercise the rights granted to IndexBox in order to provide the Services under this Agreement, provided that IndexBox remains responsible for (i) compliance of any such subcontractor with the terms of this Agreement and (ii) for the overall performance of the Services as required under this Agreement.

1.17.9 Subpoenas. Nothing in this Agreement prevents IndexBox from disclosing Customer Data to the extent required by law, subpoenas, or court orders, but IndexBox will use commercially reasonable efforts to notify Customer where permitted to do so.

1.17.10 Independent Contractors. The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party's behalf without the other party's prior written consent

1.17.11 Export Control. In its use of the Services, Customer agrees to comply with all export and import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing, (i) Customer represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, (ii) Customer will not (and will not permit any of its users to) access or use the Services in violation of any U.S. export embargo, prohibition or restriction, and (iii) Customer will not submit to the Services any information that is controlled under the U.S. International Traffic in Arms Regulations

1.17.12. Government End-Users. Elements of the Services are commercial computer software. If the user or licensee of the Services is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Services, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. All Services were developed fully at private expense. All other use is prohibited

1.17.13 Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original and all of which together will be considered one and the same agreement.

2. Privacy Policy

If you are a visitor to an IndexBox Website or a customer of an IndexBox Service, then except as expressly set forth below, this Privacy Policy applies to your use of such Website or Service.

If you are a visitor to or user of a third-party website or service (“Third-Party Property“) that utilizes any IndexBox products, then any information you submit to such Third-Party Property (including via the IndexBox product) is collected under the privacy policy of the owner of such Third-Party Property, and you should contact such owner with any related requests or inquiries you may have. If you have any inquiries specifically directed towards IndexBox, please email us at [email protected].

At IndexBox, we respect the privacy rights of our users and recognize the importance of protecting the personal information we collect about you. Our Privacy Policy is designed to help you understand what information we collect and how we use and share that information. This Privacy Policy applies to our Websites and Services.

As used in this Privacy Policy, “IndexBox,“ “us“ and “we“ refers to IndexBox, Inc. The “Websites“ means IndexBox's websites (including without limitation www.indexbox.io, app.indexbox.io, and any successor URLS, mobile or localized versions and related domains and subdomains), and the “Services“ means IndexBox“s products, applications and services, in each case in whatever format they may be offered now or in the future. The Websites and Services are collectively referred to herein as the “Offerings.“


2.1 Information We Collect

A. Information Related to Your Interaction with IndexBox and the Offerings.

Registration and Contact Information. We collect information about you when you (a) register to use the Services and (b) otherwise provide contact information to us via email, mail, or through our Offerings. This information you provide may include your username, first and last name, email address, mailing address or phone number.

Payment Information. When you purchase the Services, we will also collect transaction information, which may include your credit card information, billing and mailing address, and other payment-related information (“ Payment Information“). We describe how Payment Information may be collected and processed in Section 4.

Technical, Usage and Location Information. We automatically collect information on how you interact with the Offerings, such as the IP address from which you access the Offerings, date and time, information about your browser, operating system and computer or device, pages viewed and items clicked. We may also collect location information, including location information automatically provided by your computer or device. We use cookies and similar technologies to collect some of this information. For more information, please see IndexBox's Cookie Policy.

Third Party Platforms. We may collect information when you interact with our advertisements and other content on third-party sites or platforms, such as social networking sites. This may include information such as “Likes“, profile information gathered from social networking sites or the fact that you viewed or interacted with our content.

Other Information. We may collect other information from you that is not specifically listed here. We may use any such information in accordance with this Privacy Policy or as otherwise permitted by you.

B. Customer Data.

You may submit various types of information and data into the Services for hosting and processing purposes (“Customer Data“).


2.2 How We Use the Information We Collect

We use your information in the following ways:

  • To provide, maintain and improve the Offerings and our other products and services, including to operate certain features and functionality of the Offerings (for example, by remembering your information so that you will not have to re-enter it during this or subsequent visits);
  • To process your inquiries and otherwise deliver customer service;
  • To process your payments, we share and use Payment Information as described in Section 4 (Payment Information);
  • To control unauthorized use or abuse of the Offerings and our other products and services, or otherwise detect, investigate or prevent activities that may violate our policies or be illegal;
  • To analyze trends, administer or optimize the Offerings, monitor usage or traffic patterns (including to track users“ movements around the Offerings) and gather demographic information about our user base as a whole;
  • To communicate directly with you, including by sending you newsletters, promotions and special offers or information about new products and services. Your opt-out options for promotional communications are described in Section 6 (Your Controls and Choices);
  • To deliver you advertising, including by serving and managing ads on the Offerings or on third party sites and to tailor ads based on your interests and browsing history. Please see Section 6 (Your Controls and Choices) for additional information on how to manage the ads you see; and
  • In the manner described to you at the time of collection or as otherwise described in this Privacy Policy.

2.3 Sharing Your Information with Third Parties

We do not sell, trade, share or transfer your personal information to third parties except in the following limited circumstances:

  • We may share your personal information with our parent companies, subsidiaries and affiliates;
  • We may share your personal information with third-party service providers to permit such parties to provide services that help us with our business activities, which may include assisting us with marketing, advertising our product/service offerings, or providing, maintaining and improving the features and functionality of the Offerings, among other things. For example, we may provide personal information to our service providers for direct emailing of our newsletters or notifications of our product/service offerings;
  • We may share your personal information when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce a Customer Agreement, including investigation of potential violations thereof, or (c) protect against imminent harm to our rights, property or safety, or that of our users or the public as required or permitted by law;
  • We may share your personal information with third parties (including our service providers and government entities) to detect, prevent, or otherwise address fraud or security or technical issues;
  • We may share your personal information with our business partners who offer a service to you jointly with us, for example when running a cross-promotion;
  • We may share your Payment Information to process your payments, as further described in Section 4 (Payment Information);
  • We may share and/or transfer your personal information if we become involved in a merger, acquisition, bankruptcy, or any form of sale of some or all of our assets; and
  • We may share your personal information with a third party if we have your consent to do so.

We may also share aggregated or anonymized information with third parties for other purposes. Such information does not identify you individually, but may include usage, viewing and technical information such as the types of Offerings our customers and users generally use, the configuration of their computers, and performance metrics related to the use of Offerings which we collected through our technology. If we are required under applicable law to treat such information as personal information, then we will only disclose it as described above. Otherwise we may disclose such information for any reason.


2.4 Payment Information

When you make a purchase on the Offerings, any credit card information you provide as part of your Payment Information is collected and processed directly by our payment processor Stripe through their Stripe Checkout service. We never receive or store your full credit card information. Stripe commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security. Stripe may use your Payment Information in accordance with their own Privacy Policy here:https://stripe.com/us/checkout/legal.


2.5 Other Access to or Disclosure of Your Information

The Offerings may also contain links to third party websites. This Privacy Policy applies solely to information collected by us. Even if the third party is affiliated with us through a business partnership or otherwise, we are not responsible for the privacy practices of such third party. We encourage you to familiarize yourself with the privacy policies of such third parties to determine how they handle any information they separately collect from you. Please be aware that we do not warn you when you choose to click through to another website when using the Offerings.

The Websites contain features that enable you to post reviews, comments or other content that is publicly viewable. You should be aware that any personal information you submit as part of those posts can be read, collected, or used by other visitors to the Websites, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to publicly post on the Websites. Please see our Website Terms of Use for more information and for other guidelines about posting content on the Websites.


2.6 Your Controls and Choices

Opt-Outs. We may provide you with the opportunity to “opt-out“ of having your personal information used for certain purposes when we ask for this information. If you decide to opt-out, we may not be able to provide certain features of the Offerings to you.

Communication Preferences. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included on such communications or on the Offerings. Please note, however, that you may be unable to opt-out of certain service-related communications.

Blocking Cookies. You can remove or block certain cookies using the settings in your browser but the Offerings may cease to function properly if you do so. For more information, please see IndexBox's Cookie Policy.

How We Respond to Do Not Track Signals. Your Web browser may have a “do not track“ setting which, when enabled, causes your browser to send a do not track HTTP header file or “signal“ to each site you visit. At present, the Offerings do not respond to this type of signal.


2.7 Accessing and Updating Your Personal Information

When you use the Offerings, we make good faith efforts to provide you with access to your personal information upon your request and either provide you the means to correct this information if it is inaccurate or to delete such information at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You may access, review, correct, update, change or delete your information at any time. To do so, please contact us at [email protected] with your name and the information requested to be accessed, corrected or removed, or if you are using the Service, sign in to your account, go to your profile, and make the desired changes. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort (for instance, requests concerning information residing on backup tapes), jeopardize the privacy of others, would be extremely impractical, or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please note that if you cease using the Service or we terminate your access to the Service in accordance with your Customer Agreement, you may no longer have the ability to access or update your information.

We may retain your information as necessary to support the Offerings, comply with our legal obligations or resolve disputes. Note that content you post may remain on the Offerings even if you cease using the Offerings or we terminate your access to the Offerings.


2.8 Changes to the Privacy Policy

We reserve the right to change our Privacy Policy at any time. If we make changes, we will post them and will indicate on this page the policy“s new effective date. If we make material changes to this policy, we will notify you by email or through notice on the Offerings.


2.9 No Children Under Age 13

The Offerings are not intended for use by anyone under the age of 13, nor does IndexBox knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, you may not attempt to register for the Offerings or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we confirm that we have collected personal information from someone under the age of 13 without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child under 13 and believe that we might have any information from or about such child, please contact us at the email or mailing address provided at the end of this Privacy Policy.


2.10 Your California Privacy Rights and Disclosures

California Shine the Light Law. If you are a California resident and we disclose your personally identifiable information to third parties for such third parties“ direct marketing purposes, California“s Shine the Light Law (CA Civil Code Section 1798.83) allows you to request certain information from us about such disclosures. To make a request under the Shine the Light Law, please contact us at [email protected]. Please note that under California law, businesses are not required to respond to such requests more than once during any calendar year.

California Minors. At any time, you can delete or remove your posts using the same deletion or removal procedures described in Section 8 (Accessing and Updating Your Personal Information) above, or otherwise through the Offerings. If you have questions about how to remove your posts or if you would like additional assistance with deletion you can contact our support team at [email protected]. Although we offer deletion capability for our Offerings, you should be aware that the removal of posts may not ensure complete or comprehensive removal of that content or information posted through the Offerings.


2.11 Security

The security of your personal information is important to us. We maintain a variety of appropriate technical and organizational safeguards to protect your personal information. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Further, we have implemented reasonable physical, electronic, and procedural safeguards designed to protect personal information about you. When you enter sensitive information (such as your password), we encrypt that information in transit using industry-standard Transport Layer Security (TLS) encryption technology. No method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while we strive to use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.


2.12 International Transfer of Data

We may from time to time transfer your personal information to other countries outside the United States and make it accessible to our parents, subsidiaries, affiliates and third party service providers internationally. We will protect your personal information in accordance with this Privacy Policy wherever it is processed.


2.13 Contact Us

If you have questions or need to contact us about this Privacy Policy, please email us at [email protected].

3. Support Policy

This IndexBox Support Policy ("Support Policy") accompanies the IndexBox Subscription Terms of Service, available at https://app.indexbox.io/terms-and-policies or a successor URL (the "Agreement") entered into between you ("Customer") and IndexBox. Capitalized terms used in this Support Policy that are not defined herein have the meanings given to them in the Agreement.

IndexBox offers support services for the Service ("Support") in accordance with the following terms:

A. Support Hours. Support is provided 24 hours per day, 7 days per week.

B. Incident Submission and Customer Cooperation. Customer may report errors or abnormal behavior of the Service (" Incidents") by contacting IndexBox in the Service via email at [email protected]. Customer will provide information and cooperation to IndexBox as reasonably required for IndexBox to provide Support. This includes, without limitation, providing the following information to IndexBox regarding the Incident:

  • Aspects of the Service that are unavailable or not functioning correctly
  • Incident's impact on users
  • Start time of Incident
  • List of steps to reproduce Incident
  • Relevant log files or data
  • Wording of any error message

C. Incident Response. IndexBox's Support personnel will assign a priority level ("Priority Level") to each Incident and seek to provide responses in accordance with the table below.

Priority Level Description Target Response Times
Priority 1 Operation of the Service is critically affected (not responding to requests or serving content) for a large number of users; no workaround available. 2 Hours
Priority 2 Service is responding and functional but performance is degraded, and/or Incident has potentially severe impact on operation of the Service for multiple users. 1 Day
Priority 3 Non-critical issue; no significant impact on performance of the Service but user experience may be affected. 3 Days

D. Exclusions. IndexBox will have no obligation to provide Support to the extent an Incident arises from: (a) use of the Service by Customer in a manner not authorized in the Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of IndexBox's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; or (d) third party systems, acts or omissions.

4. Cookie Policy

This Cookie Policy explains how IndexBox, Inc. and its affiliates (collectively "IndexBox", "we", "us", and "ours"), use cookies and similar technologies to recognize you when you visit our websites, including without limitation www.indexbox.io, app.indexbox.io, and any successor URLs, mobile or localized versions and related domains / sub-domains ("Websites") and/or our mobile application ("App") and / or our AI platform ("Platform"). It explains what these technologies are and why we use them, as well as your rights to control our use of them.


4.1 What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website, mobile app or use an online platform. Cookies are widely used by online service providers to facilitate and help to make the interaction between users and websites, mobile apps and online platforms faster and easier, as well as to provide reporting information.

Cookies set by the website and/or mobile app and/or platform owner (in this case, IndexBox) are called "first party cookies". Cookies set by parties other than the website and/or mobile app and/or platform owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the website and/or mobile app and/or platform (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognise your computer or device both when it visits the website and/or mobile app and/or platform in question and also when it visits certain other websites and/or mobile apps and/or platforms.


4.2 Why do we use cookies?

We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites and/or App and/or platform to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Websites and/or App and/or platform. Third parties serve cookies through our Websites and/or App and/or platform for analytics and other purposes. This is described in more detail below.

Our Websites

Types of cookie

Who serves these cookies

How to refuse

Essential website cookies: These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas.

IndexBox, Inc.

Because these cookies are strictly necessary to deliver the Websites to you, you cannot refuse them.

You can block or delete them by changing your browser settings however, as described below under the heading "How can I control cookies?".

Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable.

IndexBox

To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?"

Analytics and customisation cookies: These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective are marketing campaigns are, or to help us customise our Websites for you.

Google Analytics

LinkedIn Analytics

To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?"

Alternatively, please click on the relevant opt-out link below:

  • Google Analytics
  • Hea does not provide an opt-out link for its cookies. For more information about Heap cookies, please see this page.
  • LinkedI does not appear to provide an opt-out link for its analytics cookies. For more information about such cookies, please see this page.

Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

DoubleClick

Facebook Custom Audience

Google AdWords Conversion

Google Dynamic Remarketing

LinkedIn Ads

To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?"

Alternatively, please click on the relevant opt-out link below:

Social networking cookies: These cookies are used to enable you to share pages and content that you find interesting on our Websites through third party social networking and other websites. These cookies may also be used for advertising purposes too.

Facebook Connect

To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?"

Alternatively, please click on the relevant opt-out link below:


4.3 What about other tracking technologies, like web beacons?

Cookies are not the only way to recognise or track visitors to a website and/or mobile app and/or platform. We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Websites and/or App and/or platform. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.


4.4 Do you use Flash cookies or Local Shared Objects?

Our Websites and/or App and/or platform may also use so-called "Flash Cookies" (also known as Local Shared Objects or "LSOs") to, among other things, collect and store information about your use of our services, fraud prevention and for other site operations.

If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel . You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to "information" on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).

Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.]


4.5 Do you serve targeted advertising?

Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites and/or App and/or platform. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other websites and/or mobile apps and/or platforms in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these.


4.6 How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate opt-out links provided in the cookie table above.

You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our Websites and/or App and/or platform though your access to some functionality and areas may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information.

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com .


4.7 How often will you update this Cookie Policy?

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

The date at the top of this Cookie Policy indicates when it was last updated.


4.8 Where can I get further information?

If you have any questions about our use of cookies or other technologies, please email us at [email protected]

5. Security Policy


5.1 Overview

At IndexBox we take the protection of customer data extremely seriously. This IndexBox Security Policy describes the organizational and technical measures IndexBox implements platform wide designed to prevent unauthorized access, use, alteration or disclosure of customer data. As you continue to learn more about IndexBox we recommend you also review our Terms of Service and Privacy Policy.


5.2 Security Team

Our infrastructure and security team includes people who've played lead roles in designing, building, and operating highly secure Internet facing systems at companies ranging from startups to large public companies.


5.3 Best Practices

  • Incident Response Plan
  • We have implemented a formal procedure for security events and have educated all our staff on our policies.
  • When security events are detected they are escalated to our emergency alias, teams are paged, notified and assembled to rapidly address the event.
  • After a security event is fixed we write up a post-mortem analysis.
  • The analysis is reviewed in person, distributed across the company and includes action items that will make the detection and prevention of a similar event easier in the future.
  • IndexBox will promptly notify you in writing upon verification of a security breach of the IndexBox services that affects your data. Notification will describe the breach and the status of IndexBox's investigation.
  • Build Process Automation
  • We have functioning, frequently used automation in place so that we can safely and reliably rollout changes to both our application and operating platform within minutes.
  • We typically deploy code dozens of times a day, so we have high confidence that we can get a security fix out quickly when required.

5.4 Infrastructure

  • All of our services run in the cloud. IndexBox does not run our own routers, load balancers, DNS servers, or physicalservers.
  • All of our services and data are hosted on a Virtual Private Server (VPS) in the USA. IndexBox services have been built with disaster recovery in mind.
  • IndexBox uses a backup solution for datastores that contain customer data.

5.5 Data

  • All customer data is stored in the USA.
  • Strict privacy controls exist in our application code that are designed to ensure data privacy and to prevent one customer from accessing another customer's data (i.e., logical separation). We have many unit and integration tests in place to ensure these privacy controls work as expected. These tests are run every time our codebase is updated and even one single test failing will prevent new code being shipped to production.
  • Each IndexBox system used to process customer data is adequately configured and pathed using commercially-reasonable methods according to industry-recognized system-hardening standards.
  • IndexBox engages certain subprocessors to process customer data. These subprocessors are listed at https://app.indexbox.io/terms-and-policies#tp, as may be updated by IndexBox from time to time.

5.6 Data Transfer

  • All data sent to or from IndexBox is encrypted in transit using 256-bit encryption.

5.7 Authentication

  • IndexBox is served 100% over https. IndexBox runs a zero-trust corporate network.
  • There are no corporate resources or additional privileges from being on IndexBox's network.

5.8 Permissions and Admin Controls

  • IndexBox enables permission levels to be set for any employees with access to IndexBox.
  • Permissions and access can be set to include app settings, billing, user data, or the ability to send/edit manual messages and auto messages.

5.9 Application Monitoring

  • On an application level, we produce audit logs for all activity, ship logs to our service providers for analysis, and use S3/Glacier for archival purposes.
  • All access to IndexBox applications is logged and audited.
  • Bastion hosts are used to login to devices.
  • All actions taken on production consoles or in the IndexBox application are logged.

5.10 Payment Processing

All payment instrument processing for purchase of the IndexBox services is performed by Stripe. For more information on Stripe's security practices, please see https://stripe.com/docs/security/stripe.


5.11 Customer Responsibilities

  • Managing your own user accounts and roles from within the IndexBox services.
  • Protecting your own account and user credentials by using two-factor authentication for all of your employees accessing the IndexBox services.
  • Compliance with the terms of your services agreement with IndexBox, including with respect to compliance with laws.
  • Promptly notifying IndexBox if a user credential has been compromised or if you suspect possible suspicious activities that could negatively impact security of the IndexBox services or your account.
  • You may not perform any security penetration tests or security assessment activities without the express advance written consent of IndexBox.

6. Third Parties

Security, Privacy and Compliance Information for IndexBox

IndexBox engages certain onward subprocessors that may process personal data submitted to IndexBox's services. These subprocessors are listed below, as may be updated by IndexBox from time to time:

  • Salesforce.com, Inc.
  • Stripe, Inc.
  • Intercome, Inc.
  • Mailchimp, Inc.

7. E.U. - U.S. and Swiss - U.S. Privacy Shield Policy

We, IndexBox, Inc., are committed to protecting your privacy. This Policy sets out the privacy principles we follow with respect to transfers of personal data from the European Economic Area ("EEA") and Switzerland to the United States, including personal data we receive from individuals residing in the EEA or Switzerland who visit our web and mobile sites or apps and/or who use any of our services or otherwise interact with us ("you").


7.1 Types of personal data we collect and use

Our online privacy policy located at https://app.indexbox.io/terms-and-policies#pp describes the categories of personal data we may receive in the United States, as well as the purposes for which we use that personal data. We will only process personal data in ways that are compatible with the purpose we collected it for, or for the purposes you later authorize. Before we use your personal data for a purpose that is materially different from the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt-out. We maintain reasonable procedures to help ensure that personal data we collect and use is reliable for its intended use, accurate, complete, and current.


7.2 Data transfers to third parties

  • Agents, consultants and service providers: We may share your personal data with our contractors and service providers who process personal data on our behalf to perform certain business-related functions. These companies include database service providers, backup and disaster recovery service providers, email service providers and others. When we engage another company to perform such functions, we may provide them with information, including personal data, in connection with their performance of such functions.
  • Our Group Companies: We may also share your personal data with our parent companies, subsidiaries and/or affiliates for purposes consistent with this Policy.
  • Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal data may be part of the transferred assets.
  • Disclosures for National Security or Law Enforcement: Under certain circumstances, we may be required to disclose your personal data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
  • Legal Requirements: We may disclose your personal data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency ,or in the good faith belief that such action is necessary (a) to comply with a legal obligation, (b) to protect or defend our rights, interests or property or that of third parties, (c) to prevent or investigate possible wrongdoing in connection with the Services, (d) to act in urgent circumstances to protect the personal safety of Users of the Services or the public; or (e) to protect against legal liability.

7.3 Security

We maintain reasonable and appropriate security measures to protect personal data from loss, misuse, unauthorized access, disclosure, alteration.


7.4 Access Rights

In general, when processing personal data to provide our services, we do so only on behalf of our customers and in accordance with their instructions. This means that if you wish to access any personal data we process on behalf of a IndexBox customer and request that we correct, amend, delete it if it is inaccurate or processed in violation of Privacy Shield, you should contact that customer with your request. We will then help them to fulfil that request in accordance with their instructions.

Where we process personal data collected via our website or via our services for our own account management, billing or marketing purposes, you may have the right to access personal data that we hold about you and request that we correct, amend, delete it if it is inaccurate or processed in violation of Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your personal data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.


7.5 Your Choices

You may choose to change personal data or cancel an account by contacting us using the contact details below. You can also unsubscribe from our marketing communications by following the instructions or unsubscribe mechanism in the e-mail message.


7.6 Questions or complaints

You can direct any questions or complaints about the use or disclosure of your personal data to us at [email protected]. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of personal data within 45 days of receiving your complaint.


7.7 Binding Arbitration

You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with us and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. To find out more about the Privacy Shield's binding arbitration scheme please see www.privacyshield.gob/article?id=My-Rights-under-Privacy-Shield .


7.8 How to Contact Us

If you have any questions regarding this Policy or if you need to request access to or update, change or remove personal data that we control, you can do so by contacting us at [email protected] or by regular mail addressed to:

IndexBox, Inc.
Attn: Legal
440 N Barranca Ave #6008
Covina 91723 CA, US


7.9 Changes to this Policy

We reserve the right to amend this Policy from time to time consistent with the Privacy Shield's requirements.

8. IndexBox Website Terms of Use


8.1 Acceptance of Terms

IndexBox, Inc. and its affiliates and subsidiaries ("IndexBox" or "us" or "we") welcome you to our Site! The "Site" means www.indexbox.io, app.indexbox.io, and any successor URLs, mobile or localized versions and related sub-domains, in whatever format they may be offered now or in the future. Through the Site, we may provide you with general information regarding our company, products and services.

By using or accessing any part of the Site, you are agreeing to these Website Terms of Use ("Terms"), our Privacy Policy and all other policies or notices posted by us on our Site. Portions of the Site may be accompanied by additional terms which apply to specific features or areas of the Site. Those additional terms supplement these Terms with respect to your use of those features or areas. These Terms may change over time, so whenever you visit or use this Site, you agree to the version of these Terms then posted. If you don't agree to these Terms, don't use the Site.

IndexBox also offers a suite of enterprise software-as-a-service solutions designed to enable customers to manage communications with, and data about, their end users (the "IndexBox Services"). Use of the IndexBox Services is subject to our IndexBox Subscription Terms of Service , and these Terms do not apply to use of the IndexBox Services or receipt of related services, except where otherwise noted.

THESE TERMS CONTAIN MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE READ THEM CAREFULLY.


8.2 Permission to Use the Site

You have our permission to use the Site, but only if:

  • you are using the Site for informational and internal business purposes (personally or on behalf of your company); and
  • you follow all the rules and restrictions we've spelled out in these Terms.

8.3 User Content

You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By "User Content", we mean any Content a user posts to the Site, including comments or posts made via third party services. "Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site.


8.4 Restrictions on User Content and Your Conduct

You may not post any User Content in violation of the IndexBox Acceptable Use Policy . We have the sole right, but not necessarily the obligation, to delete or edit at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.


8.5 Intellectual Property Rights in User Content

If you post User Content, you are making a guarantee to us that you either own all the User Content you are posting, or you have the right to post the User Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post your User Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed.

You also agree to sharing and use of your User Content by other users as set forth in these terms.


8.6 User Content You Post Becomes Public

You understand that once you post your User Content, your User Content becomes public. We are not responsible for keeping any User Content confidential. So, if you don't want the whole world to see it, don't post it on the Site.

In addition, we may share your User Content with third parties if we have a good faith belief that access, use, preservation or disclosure of your User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of IndexBox, its users or the public as required or permitted by law.


8.7 We Are Not Responsible for User Content

We generally do not monitor or review any User Content. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, as further set forth below, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.

In addition, we are not a content-archiving service. We do not promise to store or make available on our Site any User Content that you post, or any other Content, for any length of time. You are solely responsible for keeping back-ups of everything you post on our Site.


8.8 Proprietary Rights

The Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws and IndexBox and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Site and Content which is included in the Site (other than User Content). If you give feedback regarding the Site, for example recommendations for improvements or features, we have the right to use the feedback in any way and implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise. We also reserve the right to make changes or updates to the Site or Content provided on or through the Site at any time without notice and we will own any such changes or updates (excluding User Content).

You may not:

  • decompile, reverse engineer or disassemble any object code which is part of or made available through the Site into a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance;
  • copy, frameset, enclose or otherwise sell, distribute, transmit or broadcast any part of the Site;
  • modify or create any derivative work of any part of the Site;
  • disable, interfere, or try to get around any of the features of the Site related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Site or the Content on the Site; or
  • use, export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

All brand, product and service images, logos and names used in the Site that identify IndexBox, our suppliers or our customers and our or their proprietary products and services are the trademarks or service marks of IndexBox, our suppliers or our customers. Nothing in this Site shall be deemed to confer on any person any license or right on the part of IndexBox or such supplier with respect to any such image, logo or name.


8.9 Enforcement of Copyrights

We respect the intellectual property rights of others. You may not use our Site to infringe anyone else's copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. In addition to our other rights and remedies, we may also terminate your account if we determine that you are a repeat copyright infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had their User Content removed from our Site more than twice.


8.10 Notify Us of Infringers

If you believe that something on our Site violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is as follows:

Copyright Enforcement
IndexBox, Inc.
440 N Barranca Ave #6008
Covina 91723 CA, US

E-Mail: [email protected]

In order for us to take action, your notice must include the following:

  • your physical or electronic signature;
  • a description of the copyrighted work that you believe is being infringed;
  • a description of the item on our Site that you think is infringing your work and sufficient information about where the material is located on our Site (including the URL) so that we can find it;
  • a way to contact you, such as your address, telephone number, or e-mail;
  • a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Site; and
  • a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

Again, we cannot take action unless you give us all the required information.


8.11 How to Communicate with Us

Only notices about copyright infringement should go to our copyright agent. If you have anything else to communicate with us (like feedback, comments, or requests for technical support), you should contact us at [email protected].


8.12 Site Availability

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Company or its suppliers be held liable for any damages due to such interruptions or lack of availability.


8.13 Links to Other Sites

Our Site may contain links to other websites that we don't own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don't like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.


8.14 Warranty Disclaimer

USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING OUR CONTENT) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INDEXBOX AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

INDEXBOX AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT INDEXBOX WILL FIX ANY ERRORS; OR (iii) ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. ANY MATERIALS OBTAINED THROUGH USE OF THE SITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND INDEXBOX SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SITE OR ANY CONTENT OBTAINED FROM THE SITE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.


8.15 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, INDEXBOX AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES AND LIABILITIES ARISING FROM: (I) YOUR USE OR INABILITY TO USE OUR SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT;(III) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INDEXBOX'S LIABILITY AND THE LIABILITY OF EACH OF ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS TO YOU OR ANY THIRD PARTIES UNDER [ANY CIRCUMSTANCES RELATING TO YOUR ACCESS TO THE SITE OR OTHER ACTIVITIES GOVERNED BY] THESE TERMS IS LIMITED TO A MAXIMUM AMOUNT OF ONE HUNDRED DOLLARS (USD$100).


8.16 Indemnity

You agree to indemnify, defend (if we so request) and hold harmless IndexBox and its affiliates, suppliers, partners and agents from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from your User Content, your use of the Site, your connection to the Site, your violation of these Terms or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms and your use of the Site.


8.17 Termination and Suspension

We may terminate or suspend your permission to use the Site immediately and without notice upon any violation of these Terms, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. Upon any termination we may delete your User Content and we may bar you from further use of the Site. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your User Content or access to the Site.


8.18 Governing Law and Dispute Resolution

  1. Direct Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms, whether arising in contract, tort or otherwise, ("Dispute"), the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled "Initial Notice of Dispute," specifically setting forth the precise nature of the dispute ("Initial Notice of Dispute"). If an Initial Notice of Dispute is being sent to IndexBox it must be emailed to [email protected] and sent via mail to:
    Attn:Legal Department
    IndexBox, Inc.
    340 S Lemon Ave #6008
    Walnut, CA 91789
    YOU AGREE THAT IF YOU WANT TO RESOLVE A DISPUTE WITH INDEXBOX, YOU MUST SEND AN INITIAL NOTICE OF DISPUTE WITHIN ONE (1) YEAR AFTER THE EVENT THAT GAVE RISE TO THE DISPUTE. OTHERWISE, YOUR DISPUTE WILL BE PERMANENTLY BARRED.
    Following receipt of the Initial Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the Dispute that is satisfactory to both parties ("Direct Dispute Resolution"). If the parties are unable to reach a resolution of the Dispute through Direct Dispute Resolution within thirty (30) days of the receipt of the Initial Notice of Dispute, then the Dispute shall subsequently be resolved by arbitration as set forth below.
  2. Arbitration. IN THE EVENT THAT A DISPUTE BETWEEN THE PARTIES CANNOT BE SETTLED THROUGH DIRECT DISPUTE RESOLUTION, AS DESCRIBED ABOVE, THE PARTIES AGREE TO SUBMIT THE DISPUTE TO BINDING ARBITRATION. BY AGREEING TO ARBITRATE, THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL. The arbitration shall be conducted before a single neutral arbitrator, before JAMS in San Francisco, California. The arbitration shall be administered by JAMS in accordance with this document and the JAMS Streamlined Rules and Procedures for the Arbitration, with one addition: The limitation of one discovery deposition per side shall be applied by the arbitrator, unless it is determined, based on all relevant circumstances, that more depositions are warranted. The arbitrator shall consider the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery.
    The arbitration will occur in San Francisco, California, but the parties may choose to appear by person, by phone, by another virtual means, or through the submission of documents.
    The arbitrator will issue a ruling in writing. Any issue concerning the extent to which any dispute is subject to arbitration, the applicability, interpretation, or enforceability of these Terms shall be resolved by the arbitrator. To the extent state law is applicable, the arbitrator shall apply the substantive law of California.
  3. All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrators may disclose the content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. The result of the arbitration shall be binding on the parties and judgment on the arbitrator's award may be entered in any court having jurisdiction. The arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration.
  4. Choice of Law and Jurisdiction. FOR ANY CLAIM WHICH IS NOT SUBJECT TO THIS DISPUTE RESOLUTION PROVISION, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA. IN ANY DISPUTE, CALIFORNIA LAW SHALL APPLY.
  5. Construction and Joinder. THESE TERMS MUST BE CONSTRUED AS IF THEY WERE JOINTLY WRITTEN BY BOTH PARTIES. BOTH YOU AND INDEXBOX AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN THE EVENT OF ANY DISPUTE CONCERNING THE VALIDITY OR ENFORCEABILITY OF THIS PROVISION, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
  6. Injunctive Relief. Notwithstanding the above provisions, IndexBox may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

8.19 General Terms

These Terms, together with our Privacy Policy and any other notices or policies we have published on the Site (and additional terms for specific features or areas, as applicable), constitute the entire agreement between you and us regarding this Site. If a court having proper authority decides that any portion of these Terms is invalid, only the part that is invalid will not apply. The rest of these Terms will still be in effect. If we waive any of our rights under these Terms in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you except as expressly set forth herein, but may be assigned by us without restriction. We won't be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.


9. Service Level Agreement

This IndexBox Service Level Agreement ("SLA") accompanies the IndexBox Subscription Terms of Service, available at https://app.indexbox.io/terms-and-policies or a successor URL (the "Agreement") entered into between you ("Customer") and IndexBox. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the Agreement.

  1. Target Availability. IndexBox will use commercially reasonable efforts to make each Service available with an uptime of 90.0% of each calendar month ("Target Availability").
  2. Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Customer in a manner not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of IndexBox's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance.
  3. Scheduled Maintenance. "Scheduled Maintenance" means IndexBox's scheduled routine maintenance of the Services for which IndexBox notifies Customer at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed eight (8) hours per month. IndexBox typically performs Scheduled Maintenance once per month.
  4. Remedy for Failure to Meet Target Availability. If there is a verified failure of a Service to meet Target Availability in five (5) consecutive months, then Customer may terminate the applicable Subscription Term by sending written notice of termination within thirty (30) days after the end of the second such month, in which case IndexBox will refund to Customer any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. This termination and refund right is Customer's sole and exclusive remedy, and IndexBox's sole and exclusive liability, for IndexBox's failure to meet the Target Availability.

10. Acceptable Use Policy

This Acceptable Use Policy applies to IndexBox's (a) websites (including without limitation www.indexbox.io, app.indexbox.io, and any successor URLS, mobile or localized versions and related domains and subdomains) and (b) communications and messaging products and services ((a) and (b) collectively, 'Services'). To keep the Services running safely and smoothly, we need our users to agree not to misuse them. Specifically, you agree not to:

  1. probe, scan, or test the vulnerability of any system or network used with the Services;
  2. tamper with, reverse engineer or hack the Services, circumvent any security or authentication measures of the Services or attempt to gain unauthorized access to the Services (or any portion thereof) or related systems, networks or data;
  3. modify or disable the Services or use the Services in any manner that interferes with or disrupts the integrity or performance of the Services or related systems, network or data;
  4. access or search the Services by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated 'scraping';
  5. overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Services that consume extraordinary resources, such as by: (i) using 'robots,' 'spiders,' 'offline readers' or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser; or (ii) going far beyond the use parameters for any given Service as described in its corresponding documentation;
  6. solicit any users of our Services for commercial purposes;
  7. use the Services to generate or send unsolicited communications, advertising or spam, or otherwise cause IndexBox to become impaired in its ability to send communications on its own or on its customers' behalf (e.g., by causing IndexBox to become registered on any Email DNS blacklist or otherwise be denied services by any other third party communications service provider);
  8. misrepresent yourself or disguise the origin of any data, content or other information you submit (including by 'spoofing', 'phishing', manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with IndexBox or any third party) or access the Services via another user's account without their permission;
  9. use the Services for any illegal purpose or in violation of any laws (including without limitation data, privacy and export control laws);
  10. use the Services to violate the privacy of others, or to collect or gather other users' personal information (including account information) from our Services;
  11. use the Services to stalk, harass, bully or post threats of violence against others;
  12. submit (or post, upload, share or otherwise provide) data, content or other information that (i) infringes IndexBox's or a third party's intellectual property, privacy or other rights or that you don't have the right to submit (including confidential or personal information you are not authorized to disclose); (ii) that is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in IndexBox's discretion; (iii) contains viruses, bots, worms, scripting exploits or other similar materials;or (iv) that could otherwise cause damage to IndexBox or any third party;
  13. promote or advertise products or services other than your own without appropriate authorization;
  14. use meta tags or any other 'hidden text' including IndexBox's or our suppliers' product names or trademarks; or
  15. permit or encourage anyone else to commit any of the actions above.

Without affecting any other remedies available to us, IndexBox may permanently or temporarily terminate or suspend a user's account or access to the Services without notice or liability if IndexBox (in its sole discretion) determines that a user has violated this Acceptable Use Policy.