Terms of Service
Important: The below is an abbreviated summary. For the full language, click the arrows on the left.
These are the rules for using Whatbox. We can change them any time.
This document, the Whatbox Terms of Service Agreement ("Terms") outlines the specific rules and regulations required to use any of our products, software, services and web sites ("Services") described for use by Customers ("Customer") offered by Whatbox Inc. ("Whatbox"). These Terms may be updated by Whatbox at any time without notice to the Customer . The most current version of Terms will be available at https://whatbox.ca/policies/terms.
If you can't or won't agree to these rules, you may not use Whatbox.
Services may not be used without agreeing to the Terms. The Terms are accepted by the Customer and Whatbox whenever Services are ordered or paid for by Customer. The Terms are maintained independently of any other agreement between Whatbox and Customer.
Unless otherwise agreed in writing with Whatbox, any secondary agreements between Whatbox and Customer will always include at minimum, the Terms outlined here. If a secondary agreement between Whatbox and Customer contradicts any attribute of Terms as outlined here, the secondary agreement shall take precedence.
You may not use the Services if you are not of legal age to form a binding contract with Whatbox, or you are barred from receiving Services under the laws of Canada or the country in which you will be using the Services.
We will respect your privacy by storing the minimum feasible amount of information, and sharing it as little as possible. We will notify you if there is a security breach.
Whatbox will not share the Customer's information with any 3rd party for marketing or sales purposes.
Whatbox will not share the Customer's information with any law enforcement organization or government body unless under court order.
Whatbox will publish precise up to date information about the storage and sharing of the Customer's information in the data handling policy
Whatbox will notify the Customer of any information breaches within 72 hours of Whatbox becoming aware of the breach.
The Customer agrees and understands the Refund Policy provided by Whatbox.
To prevent abuse, Whatbox reserves the right to refuse future services to any Customer seeking multiple refunds.
We'll try to fix your issue, but don't blame or demand anything from us if we can't.
The Customer understands that support provided by Whatbox is on an as is, as available basis. Whatbox makes no guarantees that support will be available or able to resolve a Customer's problem.
Failure to Pay
If you don't pay, we'll evenutally delete your files.
Whatbox retains the right remove or retain the content stored on Whatbox's servers in the event of non-payment for the Services.
Prices & Specifications
We can change your service price or features.
Whatbox reserves the right to alter prices, storage quantities, network rates, network volumes, computational capabilities, features and functionality of all Services at its sole discretion.
Being our customer doesn't mean you can copy our technology and use it anywhere.
The Customer acknowledges that Whatbox owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
We don't want to own your content, it's yours. We may encrypt it, compress it or change the format, but it's still your content and responsibility.
The Customer retains copyright and all other rights they already hold in the content which is stored on, or distributed through Services provided by Whatbox.
The Customer understands that Whatbox in providing the Services may:
- transmit or distribute said content worldwide and without discrimination
- transmit or distribute said content over various public networks and in various media
- adapt or otherwise make changes to said content due to the technical requirements of connecting networks, devices, services or media
- utilize 3rd party software, services or infrastructure to facilitate the transmission, distribution or adaptation of said content
Compliance with Law
Your content must be legal everywhere.
The Customer accepts full responsibility and accountability for all content stored on, downloaded to, or distributed from their Services. The Customer certifies that they have legal rights to distribute and store everything stored on their Services. The customer certifies that all content is legal under Canadian law, the laws of the country or region in which the Customer resides, and the law of the countries in which the content is physically stored.
Under no circumstance will the Customer use the Services for the storage or distribution of pornography involving illegal acts.
You cannot claim Whatbox owns or approves of your content.
Whatbox and Customer agree that Whatbox is solely acting as a common carrier in its capacity of providing services. Customer agrees that they are the publisher of any material or information and responsible for it adhering to the Terms.
The content distributed by Customer is in no way reflective of Whatbox, Whatbox does not filter or inspect the content distributed by Customer using Services. All material stored or distributed by the Customer using Services is considered publicly accessible. Whatbox distribution of content provided by Customer does not express or imply approval of material by Whatbox, nor does it confirm that the material is in compliance with the Terms.
Availability of Services
We try our best, but things will break sometimes. If things break, you were warned.
The Customer understands and agrees that interruptions of any Services may occur at any time and without prior notification, and may continue for any duration. The Customer agrees that under no circumstances will Whatbox be held liable for any financial or other damages due to such interruptions. In no event shall Whatbox be held liable to the Customer for any damages, including but not limited to refunds, fees, loss of profits, loss of income, or cost of replacement services. The failure or interruption shall not be considered a default under these Terms.
Limitation of Liability
We try our best to protect your privacy, but if people are watching you on the internet they may still see everything you do.
Whatbox is not liable for protection or privacy of any content transmitted through the Internet or any other network provider, or services the Customer may use.
DISCLAIMER OF WARRANTIES
You can't blame or demand anything from us, no matter how badly things break or how badly it affects you.
SERVICES PROVIDED BY WHATBOX ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WHATBOX SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WHATBOX BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF WHATBOX HAS BEEN ADVISED BY THE CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF WHATBOX'S SERVICE TO THE CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, WHATBOX SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE DURING THE PERIOD OF DISRUPTION OR MALFUNCTION.
If someone blames or demands anything from us for something you did, you will be responsible, not us.
The Customer agrees to defend, indemnify and hold Whatbox harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys' fees and costs) incurred by Whatbox arising from or due to claims made by third parties (including customers of the Customer) that are related to or arising out of:
- false advertising claims against Customer (or customers of Customer)
- liability claims for products or services sold by Customer (or Customer's customers) any other transactions between Customer and third parties
- any content distributed by Whatbox on the behalf of the Customer
If a natural disaster, war or other giant disaster destroys everything, you can't blame or demand anything from us.
Whatbox shall not be liable to Customer or any other person, firm or entity for any failure of performance under these Terms if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the Canadian government or of any other government (including provincial and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
Relationship of the Parties
You're paying us for this service. We don't work for you, we're not your employee or business partner.
The parties intend that an independent contractor relationship will be created by these Terms, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specified in a separate agreement.
This all applies, even if people's words or actions contradict it.
Any party's failure to insist on compliance or enforcement of any provision of these Terms shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of these Terms.
If you sue us and lose, you will pay our relevant legal bills.
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Terms, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
We'll email you if we think you're breaking these terms.
Any notice under these Terms may be emailed unless the parties have designated otherwise in writing.
Data Backup & Recovery
We sell non-redundant storage. If your data is important you must perform your own backups. Do not blame or demand anything from us if the data is deleted or lost.
The Customer is responsible for independent backup of data stored on Whatbox's servers; unless the Customer has arranged for Services which include backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by the Customer. Whatbox shall never be held liable for failure to recover data in the event of any sort of failure, and shall never be held accountable financially or otherwise for loss of data.