Terms and conditions

These Terms of Service were last updated in July 2017.

About our Terms of Service

The following terms and conditions govern all access to and use of the machinebox.io web application, the machinebox.io website (“Website”) and service (together, the “Machine Box Service”) including all content, services and products available at or through the Machine Box Service.

The Machine Box Service is owned and operated by Machine Box Limited (“Machine Box”, “we”, “our” or “us”). The Machine Box Service is offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website (collectively, the “Agreement”).

Please read the Agreement carefully before accessing or using the Machine Box Service. By accessing or using any part of the Machine Box Service, you agree to become bound by the terms and conditions of the Agreement which includes our Privacy Policy and any linked material. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the Machine Box Service.

1. Description of the Machine Box Service

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 and conditions 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.

2. Capacity

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.

3. Your Machine Box Account and Personal Data

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.

4. Subscriptions

You may access and use the Machine Box Service on any of our subscription plans:

  1. Free Service: This subscription plan allows you to use any boxes for free provided its for non-commercial use and you publish an acknowledgement indicating that you are using Machine Box Services, or,
  2. Paid Subscriptions:
    1. Startup and Pro subscriptions allow you to use any of the boxes within your company and in commercial software
    2. Enterprise Subscriptions allow your company to offer Machine Box to your third party clients for their commercial use

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.

4.1. Restrictions

Free Service License: Your nonexclusive license is limited to your own non-commercial use, such as testing and development. There will be no sublicensing to third parties and you will not receive our support services.

Startup License: 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. Startup licenses are for companies with 29 or fewer employees.

Pro License: 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. Pro licenses are for companies with 30 or more employees.

Enterprise License: You must contact Machine Box to obtain an Enterprise License Agreement in order to use the Enterprise Subscription. Your nonexclusive license may be sublicensed by you to third parties for use in their products and services on a case by case basis. Your third party licensees are subject to the of the agreement and it is your responsibility to let them know the terms of the license.

4.2. Purchase of Paid Subscriptions

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:

  • shall be payable in the US dollars;
  • are, subject to clause 4.4, non-refundable; and
  • are exclusive of any applicable sales tax, which shall be added to the bill at the appropriate rate.

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:

  • we may, without liability to you, disable your Machine Box Account and access to all or part of the Machine Box Services and we shall be under no obligation to provide any or all of the Machine Box Services; and
  • interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of HSBC from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.

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.

4.3. Automatic Renewal

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 4.4.

4.4. Changes to level of Paid Subscription

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:

  • in respect of an increase of a Paid Subscription level (such that you will be paying a higher subscription fee going forward), we will additionally bill you, and you agree to pay, the difference between the old subscription fee and the new subscription fee on a pro rata basis for the remaining of the current subscription period; or
  • in respect of a decrease in a Paid Subscription level (such that you will be paying a lower subscription fee going forward), you will not be entitled to a reimbursement of the difference in amount between the old subscription fee and the new subscription fee for remaining of the current subscription period.

4.5. Cancellation of Paid Subscription

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 purchase.

4.6. Reselling and Third-parties

Any kind of reselling, licensing, or sub-licensing subscriptions, or services provided by machinebox boxes is not allowed.

If any third-party company is using machinebox services direcly or indirectly, they will need to have a FREE or Paid Subscription, under the same terms and conditions.

Contact us in case you are unsure about your use case.

5. Money Back Guarantee

If the Machine Box Services do not for any reason meet your expectations, you may request that Machine Box immediately cancel your Paid Subscription and refund all subscriptions fees paid to Machine Box up until that date, provided that:

  • you request the refund from Machine Box by contacting us at [email protected] within thirty (30) days after the date the Paid Subscription was initially purchased;
  • the subject Paid Subscription is the first Paid Subscription for the Machine Box Services you have purchased (including under a different Machine Box Account);
  • you have fully complied with the terms of the Agreement; and
  • you have not upgraded your Paid Subscription.

6. Intellectual Property

With the exceptions noted in Section 7, 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:

  • a limited, non-exclusive, non-sublicensable, non-transferable, revocable licence during the term of the agreement to make use of the Machine Box Service (excluding the Website) within the limits of the Free Subscription level or the Paid Subscription level you have purchased; and
  • a limited, non-exclusive, non-sublicensable, non-transferable revocable licence during the term of the agreement to make personal, non-commercial use of the Website and the material published on it. For the avoidance of doubt, personal, non-commercial use of the Website allows you to print off one copy, and download extracts of any page(s) from the Website and draw the attention of others to content posted on the Website, provided:
    • you do not modify the paper or digital copies of any materials you have printed off or downloaded and you do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
    • you acknowledge our status (and that of any identified contributors) as the authors of content on the Website; and
    • you do not use any part of the content on the Website for commercial purposes.

These licences shall terminate when the Agreement terminates in accordance with clause 9.

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 machinebox. 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.

7. Third Party Programs and Sites

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]. 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.

8. Changes

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.

9. Your Licensees and Employees

If you have an Enterprise or Pro License, you will require your employees’ or clients’ to comply with the terms of this Agreement and all applicable laws and regulations.

10. Machine Box Users and Monitoring

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.

11. Consent to Collection and Use of Data

You understand and agree that Machine Box may track your movement on it 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.

12. Termination

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:

  1. you commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case; or
  2. we consider termination necessary to protect the integrity or security of the systems used by us at any time.
  3. we decide to terminate the Agreement with or without cause, upon notice to you.

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.

13. Disclaimer of Warranties

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.

14. Limitation of Liability

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 in the one (1) year under this Agreement prior to the cause of action.

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.

15. General Representation and Warranty

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:

  1. you will provide us with accurate information (where required);
  2. you will not use the Machine Box Service in the event of an emergency;
  3. you will not use the Machine Box Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Machine Box Service;
  4. you will not infringe our intellectual property rights or those of any third party in relation to your use of the Machine Box Service;
  5. you will not do any of the following in relation to your use of the Machine Box Service:
    • be obscene, offensive, hateful or inflammatory,
    • defame any person,
    • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
    • promote violence,
    • promote any illegal activity,
    • promote sexually explicit material,
    • disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,
    • harass, upset, embarrass, threaten, alarm or annoy any other person,
    • be likely to mislead or deceive any person,
    • impersonate any person, or misrepresent your identity or affiliation with any person.
  6. you will not use the Machine Box Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  7. you will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the Machine Box Service.

16. Indemnification

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.

17. Law and Jurisdiction

The Agreement will be governed by English law. Any dispute arising from, or related to, the Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. Miscellaneous

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 and conditions 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.

19. Contact

If you have any questions, comments or requests regarding the Agreement, please email [email protected] or write to:

Machine Box Limited
20-22 Wenlock Road, N1 7GU
London
United Kingdom