Terms of Services

Terms of Service

Welcome to Onpox.com, a cloud-based Social Proof app for websites (the “Platform” or “Service”). These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Onpox LTD., a company incorporated under the laws of the state of the United Kingdom (the “Company“, “Onpox” “we“ or “us“), and govern your use of the Company’s services which are available via the Platform.

We may change these Terms from time to time, without notifying you. The revised Terms shall become effective as soon as they are posted on onpox.com. It is your responsibility to review these Terms occasionally. You agree that your continued use of the Service constitutes your consent to the new or revised set of Terms. If the Service has your e-mail address on record (subject to our privacy policy), we may use this to inform you of changes to these Terms in advance.

Your use of the Service signifies your understanding and agreement to be bound to these Terms and to comply with the applicable law, rules, and regulations. If you do not agree to these Terms, please do not register and use the Service.

You may not register and use the Service if you are under the age of 13, if you are not qualified to create a binding legal agreement, or if the use of the Service is prohibited by the law applicable to you.

If you are accepting these Terms on behalf of your employer or another entity you are affiliated with (the “Administrator”), you represent and warrant that: (i) you have full legal authority to bind the Administrator to these Terms; and (ii) you agree, on behalf of the party that you represent, to these Terms. In such case, any reference to “you” shall refer to both you and the Administrator. If you don’t have the legal authority to bind the applicable Administrator, you may not accept these Terms and the Administrator may not use the Service.

1. The Service

We may change, suspend or discontinue any aspect of the Service, at any time, including the availability of any part of it. We may offer alternative and/or additional services to certain users, that may not be offered to general users. We may also modify, limit, deny or impose limits on certain features and services or restrict access to parts or all of the Service. We may terminate your access for any or no reason at any time by ceasing to provide the Service to you. We will not have any liability whatsoever to you for any such termination.

You agree to use the Service solely for your personal use. In any event, however, you agree not to transfer or resell the Service, in whole or in part, to any third party, or allow unauthorized access to the Service by any third party. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.

You agree not to access (or attempt to access) the Service by any means other than through the interface provided by us. We take privacy and protection of information seriously. Please carefully review our Privacy Policy which explains how we collect information and how we use it. Our Privacy Policy is incorporated into these Terms and forms an integral part of it.

We are not, in any way, responsible for the configurations that you create using the Service, and their results and implications on your applications, software, systems and hardware, and the applications, software, systems and hardware of your users.

We are not responsible for any delays, delivery failures, security failures, or any other loss or damage resulting from the storage or transfer of data over communications networks and facilities, including the internet, and to the performance of any third-party communication or storage provider used by you or by the Company. You hereby acknowledge that the use of the Service may be subject to interruptions, limitations, delays and other risks associated with the use of such storage and communications facilities.

2. Registration

In order to use the Service, you must open an account (the “Account”) and register using your e-mail address and creating a unique password.

You shall maintain your Account and shall be exclusively responsible for safeguarding and maintaining the confidentiality of the password. You guarantee that any information you provide in connection with your registration is current, complete and accurate.

You may not permit any third party to use your Account and you may not grant access to any third party to your Account. You are solely responsible for the conduct of any party that uses your Account, whether or not authorized by you.

3. Subscription and Payments

The Service is provided on a subscription basis and shall automatically renew for additional periods equal to the original initial term specified in your Account unless either party gives the other notice of non-renewal before the end of the relevant subscription term.

If you elected not to renew the Service, you should send such non-renewal request to info@onpox.com or through our designated web interface. Onpox will confirm the non-renewal request when it is processed. If you do not receive a confirmation, please contact Onpox as soon as possible. The Fees (as defined below) during any such renewal term shall be the same as that during the prior term unless we have given you written notice of a pricing increase at least 30 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter.

If you continue to access or use the Service past any subscription term renewal date, you shall be deemed to have renewed your subscription to the Service for the corresponding renewal period and shall be liable to pay all applicable Fees in connection with such renewal period.

In consideration for the Service, you shall pay us all fees designated in your Account (the “Fees”). Except as otherwise specified, Fees are based on the number of monthly unique visitors.

You agree to promptly notify us of any changes to your billing information. In case you pay with credit card, you authorize us to charge your credit card on a recurring basis for all applicable Fees and to store your credit card information on our servers and/or on third parties’ payment processing providers' servers. All amounts are payable in advance, on the date of invoice. Your payment may be processed through a third-party payment processing service, and additional terms may apply to such payments. We currently engage a third party for online payment processing services, and in addition to these Terms, you agree that such third-party terms and conditions shall apply to your online payments of the Fees. We reserve the right to use other third-party payment processing services for such purposes in the future.

Should you exceed the number of unique visitors allowed for in your purchased plan during a single billing cycle, the Service may be withdrawn until the start of the next billing cycle.

Given the nature of digital products, we do not refund amounts you already paid unless it is legally required. We will assess refund requests on their merits considering the digital nature of the Service. There is generally no obligation to provide a refund or credit in situations like:

i. You have changed your mind about your subscription
ii. You purchased a plan by mistake
iii. You forgot to cancel your subscription before the start of the next billing cycle
iv. You have not used the Service; or
v. You ask for goodwill

4. Intellectual Property and License

Subject to these Terms, Onpox grants you a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable personal license to access and use the Service for non-commercial use as long as your Account is active, provided that you are in full compliance with these Terms. Unless explicitly stated, no other rights or licenses, expressed or implied, are granted to you by Onpox LTD with respect to the Service.

All right, title and interest in the Service and Platform and any materials provided by Onpox LTD to you, including without limitation all copyrights, trade secrets, and other intellectual property rights pertaining thereto shall remain vested in Onpox LTD and its licensors and these Terms do not convey to you any interest in or to the Service or Platform except for a limited right of use in accordance with these Terms.

All information used, displayed, included, incorporated, uploaded, posted or published by Onpox LTD as part of the Service (other than Client Content) are sole property of Onpox LTD and/or its licensors (“Onpox’s Content”), subject to copyright under applicable laws; you may not use them without permission from Onpox LTD.

If you provide feedback regarding the Service, such feedback shall become property of Onpox LTD without obligation.

The Service may contain links to third parties’ websites or services that are not owned or controlled by Onpox LTD. Onpox LTD has no control over them. If you choose to visit such third-party websites or services, please be aware that their own terms of use will apply.

5. Third Party Materials

The Service may contain software or other materials provided by third parties (“Third Party Materials”). Use of such Third Party Materials shall be governed by their specific license agreements; however, our disclaimer of warranty applies.

6. Anonymous Information

Onpox LTD may collect and disclose Anonymous Information (defined below) for improving our services. “Anonymous Information” means information about usage that does not identify an individual.

7. Client Content

While using the Service, you may provide certain content (such as images and texts) (“Client Content”). You are solely responsible for Client Content compliance with applicable laws.

8. Prohibited Use

You may not:

i. Use the Service for purposes other than explicitly set forth herein;
ii. Copy or alter the Service;
iii. Modify or distribute rights granted under these Terms;
iv. Reverse engineer or extract source code from the Service;
v. Bypass security measures;
vi. Access via unauthorized means;
vii. Engage in illegal activities;
viii. Impose unreasonable load on our infrastructure;
ix. Provide information without permission;
x. Infringe third party rights.

9. Termination

Onpox LTD may terminate your license immediately if you breach these Terms. All provisions that should survive termination will remain effective.

10. Limitation of Liability

We accept no liability for inconvenience or damages resulting from using our service unless mandated by law.

YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK AND THAT IT IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND.

UNDER NO CIRCUMSTANCES WILL ONPOX LTD BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICE.

11. Indemnification

Your use signifies agreement to indemnify Onpox LTD against claims arising from misuse of services.

12. Applicable Laws and Jurisdiction

These Terms shall be governed by UK laws excluding its conflicts-of-law rules.

13. Force Majeure

Onpox LTD will not be liable for delays caused by events beyond our control (“Force Majeure Event”).

14. Parties’ Relationship

These Terms do not create a joint venture or agency relationship between parties.

15. Miscellaneous

Correspondence should be sent to info@onpox.com.

These Terms represent our entire agreement regarding this service.