These Terms of service were last updated in October 2018.
The following Terms of service govern all access to and use of the machinebox.io web application, the machinebox.io website (“Website”) and all content, services and products available at or through the Website (collectively, the “Machine Box Service”).
The Machine Box Service is owned and operated by Machine Box, Inc. (“Machine Box”, “we”, “our” or “us”). The Machine Box Service is offered subject to your acceptance of the Terms of service contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website (collectively, the “Agreement”).
Machine Box is a subscription service that lets you use machine learning boxes in your own infrastructure or in the cloud. Machine Box may also, in the future, update current services and/or features or offer new services and/or features to the Machine Box Service (including, the release of new tools and resources). Such updated or new features and/or services shall be subject to the Terms of service of the Agreement.
Access to the Machine Box Service is permitted on a temporary basis. We reserve the right to modify or discontinue offering or updating the Machine Box Service at any time without notice.
In order to use the Machine Box Service, you must be 18 years of age or older, or be 13 years of age or older and have your parent or guardian’s consent to the Agreement. You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.
To use the Machine Box Service, you must first create a Machine Box user account (“Machine Box Account”) by signing on the Website and following any prompts.
You may create a Machine Box Account in your personal capacity (in which case the terms “you” or “your” apply to yourself only) or on behalf of a company or other legal entity which you have the authority to bind (in which case the terms “you” or “your” shall refer to such entity and all permitted Members and Administrative Users.
You are responsible for maintaining the security of your Machine Box Account, and you are fully responsible for all activities that occur under your Machine Box Account and any other actions taken in connection with it, whether by yourself or other users. You must immediately notify Machine Box of any unauthorized uses and users of your Machine Box Account or any other breaches of security. Machine Box will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You may access and use the Machine Box Service on any of our subscription plans:
You may only use the Machine Box Service within the limits of your subscription level.
Customers on the FREE subscription plan must acknowledge that the service is powered by Machine Box by including a snippet on their website, or near where the results are being displayed/used.
The snippet is available from the Account page.
Customers on Paid Subscriptions are not required to add this acknowledgement.
Free Service License: Your nonexclusive license is limited to your own non-commercial use, such as testing and development. You may not use the Machine Box Service for any commercial purpose or sublicense it to any third party. You will not be entitled to receive any support services.
Startup and Pro licenses: Your nonexclusive license may be used by you commercially in your own software. You may not license it to a third party. You will be entitled to support services. You do not have to acknowledge Machine Box.
Enterprise License: You must contact Machine Box to obtain an Enterprise License Agreement in order to use the Enterprise Subscription. Your nonexclusive license under an Enterprise License Agreement will entitle you to use the applicable Machine Box Service for commercial purposes, including sublicensing it to third parties as part of or in conjunction with your software, products and/or services, on a case-by-case basis as provided in such agreement. Your third party licensees will be subject to the terms of such agreement, and it is your responsibility to let them know the terms of the license.
To purchase a Paid Subscription to the Machine Box Service, you will be required to select a subscription level and provide accurate information regarding your credit card or other payment instrument. If you select an Enterprise Subscription, you must sign a separate agreement. You agree to our third party service providers, including Stripe, storing and using your payment card information for the purpose of processing the payment.
You agree to pay Machine Box all amounts specified in the applicable subscription plan in accordance with the Agreement.
By providing your payment instrument details, you authorise Machine Box or companies who work on Machine Box's behalf, such as payment processors, to bill your payment instrument in advance for the relevant subscription fee on the date you purchase a Paid Subscription to the Machine Box Service (the “Initial Billing Date”) and on each monthly or annual anniversary (as applicable, depending on your chosen subscription plan) of the Initial Billing Date (the “Subsequent Billing Date(s)”). The Initial Billing Date and any Subsequent Billing Dates are together referred to herein as the “Billing Date(s)”.
The relevant subscription fees:
If, for any reason, we are unable to bill your payment instrument or process the payment of the relevant subscription fee within thirty (30) days of the Billing Date, and without prejudice to any of our other rights and remedies:
If you dispute any charges you must let Machine Box know within twenty (20) days after the Billing Date.
We reserve the right to change our prices for the Paid Subscriptions in the future. Price changes for existing Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. If we do change prices, we will provide you with at least one month’s notice of the change on the Website and in an email to you. Your continued use of the Machine Box Service after the price change becomes effective constitutes your agreement to pay the new price.
Your Paid Subscription will automatically renew at the end of every month or year (as applicable, depending on your chosen subscription plan) after the Billing Date, unless you cancel your Paid Subscription in accordance with clause 4.6.
You may change your Paid Subscription level on your user settings inside the Machine Box Service. Changes to your Paid Subscription level, including the reduction or addition of features and limitations on use of the Machine Box Services, shall take effect immediately. The new subscription fee will take effect on the next Billing Date following the change to the Paid Subscription level and:
You may cancel your Paid Subscription using the website. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. Subject to the below paragraph, you will not receive a refund for subscription fees paid to us.
If you are a consumer residing in the European Union, and do not use the Machine Box Service for business purposes, you have the right to cancel your Paid Subscription and receive a full refund within fourteen (14) days of the original date of purchase.
Any kind of reselling, licensing, or sub-licensing subscriptions, or services provided by Machine Box Service is not allowed, except as permitted under a separate written Enterprise License Agreement.
If any third-party company is using the Machine Box Service directly or indirectly, they will need to have a FREE or Paid Subscription, under the same Terms of service.
Contact us in case you are unsure about your use case.
With the exceptions noted in clause 6, we are the owner or the licensee of all intellectual property rights in the Machine Box Service and on the Machine Box Website and in the material published in connection therewith. We grant you:
These licenses shall terminate when the Agreement terminates in accordance with clause 11.
The Agreement does not transfer any of Machine Box's or any of Machine Box's licensors’ intellectual property to you. Title to such intellectual property will remain solely with Machine Box or Machine Box's licensors (as applicable).
All Machine Box trademarks, service marks, trade names, logos, domain names, and any other features of the Machine Box brand are the sole property of Machine Box. Your use of the Machine Box Service grants you no right or license to reproduce or otherwise use any of Machine Box's trademarks, service marks, trade names, logos, domain names or any other features of the Machine Box brand, whether for commercial or non-commercial use.
The Machine Box Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Machine Box software may contain third party programs, including open source material (refer to https://machinebox.io/licenses). You are subject to the terms of any third party licenses in connection with your use of their programs. Many third party licenses contain restrictions on use or distribution and it is your sole responsibility to make yourself aware of such limitations and obtain the proper licenses. Your license to use Machine Box does not convey a license, nor imply any rights, to use third party programs.
We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page with an updated revision date and, where appropriate, by email. Your continued use of or access to the Machine Box Service following the notification of any changes to the Agreement constitutes acceptance of those changes.
If you have a Paid or Enterprise License, you will require your employees and your clients to comply with the terms of this Agreement and all applicable laws and regulations.
YOU AGREE THAT MACHINE BOX MAY MONITOR USE OF THE WEBSITE AND THE BOXES TO ENSURE QUALITY, IMPROVE OUR PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS.
You understand and agree that Machine Box may track your movement on the Website and anonymize the data for its own purposes, and if you subscribe, obtain information about you such as your name and email address. By visiting our Website and using Machine Box Services, you agree to the collection and use of such data.
Machine Box may terminate the Agreement and suspend your access to all or any part of the Machine Box Service immediately by contacting you at your email address on record if:
If you wish to terminate the Agreement, you must cancel your Machine Box Account.
On termination of the Agreement by any party and for any reason all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorized by the Agreement, including your use of the Machine Box Service, and you must delete all copies of the software and documentation in your possession.
To the maximum extent permitted by law, the Machine Box Service is provided “as is” and “as available”. Machine Box hereby disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability and fitness for a particular purpose and non-infringement. Machine Box does not warrant that the Machine Box Service will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the Machine Box Service at your own discretion and risk.
We do not warrant, endorse, guarantee or assume responsibility for any data loss, interruption of service, or software malfunction of any products or services advertised or offered by a third party on or through the Machine Box Service.
The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
IN NO EVENT WILL MACHINE BOX BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE AGREEMENT UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE CLAIM FOR: (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES; (II) LOSS OF PROFIT, BUSINESS, REVENUE, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY; (III) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (IV) THE COST OF INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT SHALL IN ALL CIRCUMSTANCES BE LIMITED TO THE FEES PAID BY YOU TO MACHINE BOX UNDER THIS AGREEMENT DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. MACHINE BOX SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You represent and warrant that your use of the Machine Box Service will be in strict accordance with the Agreement. In particular, you represent and warrant that:
You agree to indemnify and hold harmless Machine Box and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Machine Box Service, including but not limited to your violation of the Agreement.
The Agreement will be governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from, or related to, the Agreement shall be subject to the exclusive jurisdiction of the courts located in the County of Orange, State of California.
The Agreement constitutes the entire agreement between Machine Box and you concerning the provision of the Machine Box Services.
The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, to any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so.
We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights under the Agreement.
Each of the Terms of service of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in the Agreement.
If you have any questions, comments or requests regarding the Agreement, please email [email protected] or write to:
Machine Box, Inc.
999 Fifth Avenue Suite 320
San Rafael, CA 94901