§ 01 Acceptance of Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ShadowBoxr ("Company," "we," "us," or "our"), governing your access to and use of the Service available at shadowboxr.app.
By visiting the site, creating an account, clicking "I Agree," purchasing any product or subscription, or otherwise using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional policies referenced herein.
These Terms apply to all visitors, registered users, purchasers, and any other persons who access or use the Service in any capacity.
§ 02 Eligibility
You must be at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is greater) to use this Service. By using the Service, you represent and warrant that you meet this requirement.
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" shall include both you individually and that organization.
§ 03 License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial purposes (or, where applicable, for your authorized business use under a paid plan).
This license does not include the right to: resell or sublicense access to the Service; copy, reproduce, or reverse-engineer any portion of the Service; use automated means to scrape, crawl, or extract data; or create derivative works based on the Service's content or functionality without our prior written consent.
§ 04 Prohibited Conduct
You agree not to, and will not permit others to:
- Use the Service for any unlawful purpose or in violation of any applicable laws or regulations;
- Upload or transmit malicious code, viruses, or any software designed to damage or gain unauthorized access to systems;
- Attempt to probe, scan, or test the vulnerability of the Service or any related network or system;
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
- Harass, threaten, or harm other users;
- Use the Service to transmit unsolicited commercial communications (spam);
- Circumvent, disable, or otherwise interfere with security-related features of the Service;
- Attempt to gain unauthorized access to accounts, systems, or networks associated with the Service.
Violation of this section may result in immediate termination and may be reported to relevant law enforcement authorities.
§ 05 Intellectual Property
All content, features, functionality, software, code, trademarks, logos, and materials made available through the Service are owned by or licensed to the Company and are protected by applicable intellectual property laws.
Nothing in these Terms transfers ownership of any intellectual property to you. Any feedback, suggestions, or ideas you submit may be used by us without restriction or compensation to you.
User-submitted content (if applicable) remains your property; however, by submitting content, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and display such content in connection with operating and improving the Service.
§ 06 Data, Privacy & Security
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully to understand how we collect, use, and protect your information.
Data Security Disclaimer. While we implement commercially reasonable technical and organizational measures to protect your data, no method of electronic transmission or storage is 100% secure. We cannot guarantee absolute security of any information you transmit to or through the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DESTRUCTION OF YOUR DATA RESULTING FROM CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO CYBERATTACKS, THIRD-PARTY BREACHES, MALWARE, OR ACTS OF GOD.
In the event of a data breach that is legally required to be disclosed, we will notify affected users in accordance with applicable law. You acknowledge that such notification may be delayed if required by law enforcement or necessary to determine the scope of the breach.
You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to maintain account security.
§ 07 Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS.
ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
§ 08 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, REVENUE, OR DATA;
- LOSS OF GOODWILL OR BUSINESS OPPORTUNITIES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- COST OF SUBSTITUTE GOODS OR SERVICES;
- ANY OTHER INTANGIBLE LOSSES;
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
§ 09 Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms;
- Your use or misuse of the Service;
- Your violation of any third-party rights, including intellectual property, privacy, or publicity rights;
- Any content you submit, post, or transmit through the Service;
- Your violation of any applicable law or regulation.
We reserve the right, at our expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.
§ 10 DMCA / Copyright Policy
We respect intellectual property rights. If you believe content on the Service infringes your copyright, please send a written notice to our designated agent at legal@shadowboxr.app (or such contact address as listed on our site) containing: (1) a description of the copyrighted work; (2) the URL of the allegedly infringing content; (3) your contact information; (4) a statement of good-faith belief; and (5) a statement of accuracy under penalty of perjury.
We will respond to valid notices in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) or applicable local law.
§ 11 Third-Party Links & Services
The Service may contain links to third-party websites, services, or integrations that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE, OR RESOURCE. YOUR USE OF THIRD-PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THEIR RESPECTIVE TERMS AND POLICIES.
§ 12 Termination
We reserve the right, at our sole discretion, to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to breach of these Terms.
Upon termination, your right to use the Service immediately ceases. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property, disclaimer of warranties, limitation of liability, indemnification, and dispute resolution.
§ 13 Dispute Resolution & Arbitration
Informal Resolution. Before initiating any formal proceeding, you agree to contact us at legal@shadowboxr.app (or such contact address as listed on our site) and attempt to resolve the dispute informally for at least thirty (30) days.
Binding Arbitration. If the dispute is not resolved informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction for alleged intellectual property infringement. Information about AAA and its rules is available at www.adr.org.
Class Action Waiver. YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Opt-Out. You may opt out of this arbitration agreement by notifying us in writing within thirty (30) days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
§ 14 Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions.
To the extent any claim is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Illinois and waive any objection to such jurisdiction or venue.
§ 15 Changes to These Terms
We reserve the right to modify these Terms at any time. When we do, we will update the "Last Updated" date at the top of this page and, where appropriate, provide notice via email or a prominent notice on the Service.
Your continued use of the Service after any modification constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service.
§ 16 Contact Information
If you have questions about these Terms, please contact us:
- Website: shadowboxr.app
- Email: legal@shadowboxr.app (or such contact address as listed on our site)