Terms of Service

These terms of service ("Terms") cover your use and access to our services, client software and websites ("Services"). Our Privacy Policy explains how we collect and use your information while our ("Acceptable Use Policy") outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, our Privacy Policy and Acceptable Use Policy. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.

Your Content & Your Permissions

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

We need your permission to do things like hosting Your Content, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Sharing Your Content

Our Services let you share Your Content with others, so please think carefully about what you share.

Your Responsibilities

You're responsible for your conduct. Your Content and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We are not responsible in any way for the content people post and share via the Services.

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

You may use our Services only as permitted by applicable law, including export control laws and regulations. You may use our Services only as the legal owner (or as expressly authorised legal agent of the owner) of the property that the Services relate to and you warrant that such is the case. Finally, our Services are not intended for and may not be used by people who are minors. By using our Services, you are representing to us that you are an adult and duly authorised to use our Services as the legal owner of the property for which the content relates or as the legal agent acting on behalf of that legal owner.

Acceptable Use Policy

We trust you to use our services responsibly.

You agree not to misuse the inndox services ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

●      probe, scan, or test the vulnerability of any system or network;

●      pretend in any way or falsely claim to be the authorised owner of the property address associated with the account;

●      breach or otherwise circumvent any security or authentication measures;

●      access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;

●      interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;

●      access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);

●      send unsolicited communications, promotions or advertisements, or spam;

●      send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";

●      promote or advertise products or services other than your own without appropriate authorization;

●      abuse referrals or promotions to get more storage space than deserved;

●      circumvent storage space limits;

●      sell the Services unless specifically authorized to do so;

●      publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;

●      advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;

●      violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or

●      violate the privacy or infringe the rights of others.

 

Software

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

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as inndox's other services, so please keep that in mind.

Our Content

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

Copyright

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

Copyright Agent

INNDOX Pty Ltd c/- BlueChilli, Level 1, 125 York Street, Sydney 2000 Australia

Paid Accounts

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

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

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

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

Termination

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

(a) you're in breach of these Terms,

(b) you're using the Services in a manner that would cause a real risk of harm or loss to us or other users, or

(c) you don't have a Paid Account and haven't accessed our Services for 24 consecutive months (except if you have paid a fee upfront).

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

We won't provide notice before termination where:

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

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

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

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond inndox's control or to comply with a legal requirement. If we do so, we'll give you reasonable prior notice so that you can export Your Content from our systems. If we discontinue Services in this way before the end of any fixed or minimum term under your Paid Account, we'll refund the portion of the fees you have pre-paid but haven't received Services for. Such a refund does not apply if you have paid an upfront fee and received Services.

Services "AS IS"

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

Limitation of Liability

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

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

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

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

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

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

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

Resolving Disputes

Try to resolve any issues with us. We want to address your concerns without needing a formal legal case. Before filing a claim against inndox, you agree to try to resolve the dispute informally by contacting info@inndox.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or inndox may bring a formal proceeding.

Judicial forum for disputes. You and inndox agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of New South Wales, Australia. Both you and inndox consent to the venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements.

Controlling Law

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

Entire Agreement

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

Waiver, Severability & Assignment

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

Modifications

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

(a) changes to the law,

(b) new regulatory requirements, or

(c) improvements or enhancements made to our Services.

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

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

© inndox pty ltd 2017