Tosbox Terms of Service
Version 2, effective 2022-06-22
Parties
This is a contract between:
- Cloud Progress, LLC: A Delaware corporation which is the operator of Tosbox.biz (also 'we, us, Tosbox, Tosbox.biz')
- You: A direct user of Tosbox.biz, or an end-user of a company who hosts with us (also 'client, customer, users')
Callouts
These are special terms that you initial when you sign this contract.
- Tosbox is not your attorney, and we are not giving you legal advice
- You are responsible for the legal meaning of your content, even if it is drawn from our content library
- This is a pre-release beta, and some features may not work
By agreeing to the Terms of Service you also agree to:
- The Privacy Policy
Nature of this contract
This a contract governing your use of the Tosbox.biz product.
Some terms may survive the termination of the contract. You agree to continue abiding by those terms even if you no longer have access to the platform.
License to published content
This product has a concept of 'live' content. Live content is content that is designated as visible to users.
You grant us limited license to your content (including terms, rules, and brand assets) for the purpose of displaying it to users as specified in your configuration.
In general, users can update their terms posted to Tosbox, but cannot delete versions that have gone live. In particular, we will not remove a terms version that has been signed by end-users unless the circumstances are exceptional. (We may, at our own discretion, remove or redact terms that expose us to liability, for example which contain credible threats or links to illegal porno).
You have no copyright interest in the library of standard clauses made available in the product.
Other users will likely use your posted contracts to inform their own. While we do not require you to explicitly waive copyright interest in your contracts, nor do we indemnify users who copy the contracts of others, if you require copyright protection for your contracts, we encourage you to contact us at copyright@tosbox.biz to discuss your use case.
This section shall not be construed to grant us, or the public, ownership over your trademarks or brand assets.
The terms of this section survive the termination of the contract.
Indemnity over contract content
Terms of service are contracts entered into by our terms-owning users and their end-users.
We are not a party to these contracts. As such, both parties indemnify us against issues with the content of these contracts, even for clauses that are from the Tosbox clause library.
The terms of this section survive the termination of the contract.
Moderation of posted content
You grant us the right to redact and remove content that we deem to contain threats, fraudulent or criminal actions, links to illegal information, and in the context of a DMCA takedown.
We will try to contact you before we take down content so that your end-users are not disrupted. You agree that 48 hours of notice is a sufficient notice period. If you require a longer notice period, or to set up pre-takedown escalation paths, contact us at sales@tosbox.biz.
For content that exposes us to liability, or that in our opinion poses imminent harm, we may wait less than 48 hours.
DMCA takedown policy
If you discover content that has been published on our platform to which you own the copyright, and you believe that fair use does not apply, and you wish to take the content down, contact us at dmca@tosbox.biz with the URL of the content.
Governing law
This contract will be governed by the laws and courts of New York State.
Modification
From time to time we update this contract. When we do so, we'll require you to agree to the new version in order to continue using the app.
If a modification substantially diminishes your rights or privileges, we'll wait for you to sign the new terms before we act on the change with respect to your account.
The vendor list may be updated without notice, as we require vendor mobility in order to operate a stable platform with reasonable uptime.
If we update the terms in a way that benefits you, we may not provide notice. For example, if we make our privacy rules more restrictive to us.
Privacy
Data
This section lists what data we collect from you and how long we keep it.
Content for publication
Contract signatures
Flags, blocks, rulings and other dispute content
Sharing
This section lists what data we share with various entities, and under what circumstances.
Employees and contractors
What we share: various
Some people who work at, or for, the company have access to the platform's non-public data.
We restrict this access broadly to people who need it for their job.
We consider dispute content to be sensitive, and we audit internal accesses of the disputes databases. If you want to know if your dispute has been accessed, and why, contact audit@tosbox.biz. (We will authenticate you before serving your request).
We do look at aggregate statistics of private data.
Government
What we share: various
We'll comply with court orders to share information with governments in countries where we have a presence. We'll comply with threats of force too probably.
We'll do our best to tell you this happened, and to publish aggregate stats on state access, but we'll comply with a valid court order not to.
In cases where a government body is party to a dispute, we will push back on state access to that dispute to the extent we can.
Others in an emergency
What we share: various
In an emergency, we may at our discretion share your information with anyone we need to in order to prevent you or someone else from being harmed.
Unless ordered by a court, and after the resolution of a safety issue, we'll tell you we did this.
Vendors
What we share: various
Our vendors have detailed access to our communications with you and, in some cases, to your data as it is stored. To learn more about how they use the data they collect, visit their privacy policies.
Dispute panelists
What we share: various
Once a flag or dispute is created, various people may be attached to the dispute, from Tosbox, the client company, and the client's end-users. These panelists will gain access to the contents of the dispute in order to evaluate it. Depending on the nature of the complaint, we may also share this information with law enforcement.
Public data
What we share: anonymized stats
We may publish aggregate stats, for example, the number of signatures on a terms of service, according to the client's configuration.
Our attorneys
What we share: various
We may share information with our attorneys as needed.
Acquiring party
What we share: entire database
In the event of an acquisition of the product or its parent company, the buyer will have the same access to Tosbox data as its current employees.
The buyer will continue to be bound by these terms, and will be subject to the same rules about modifying them.
Before transfering data access to the buyer, we will warn our direct clients, and give them a minimum warning of 1 month to close their account. If you close your account during the warning period, your data will not be transfered to the buyer.
Other businesses
What we share: nothing
We don't sell your personal information. We don't give it to anyone not listed above.
Under no circumstances will we do so.
Vendors
This section lists the vendors we use, what we use them for, and what data they have.
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