Terms of Service
Boxydev Cloud is operated by Boxydev SAS. Boxydev SAS ("Boxydev Cloud", "we", "us" or "our") undertakes to provide services to the subscriber ("the subscriber", "you" or "your"), subject to acceptance of the following terms of use. Use of the Boxydev Cloud service constitutes acceptance and agreement to the Boxydev Cloud terms of use.
By visiting our site and/or purchasing something from us, you engage in our service and agree to be bound by the following terms and conditions. If you are using the services on behalf of an organization, you agree to these terms for that organization and promise to us that you have the authority to bind that organization to these terms (in which case, "you" or "your" refer to this organization).
Please read these terms of use carefully before using or accessing our website. By accessing or using any part of the site, you agree to be bound by these terms of use. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these terms of use are considered an offer, acceptance is expressly limited to these terms of use.
Please note that Boxydev Cloud does not provide any warranty for the services. This contract also limits our liability to you. Boxydev Cloud reserves the right to modify the terms of use without notice.
Description of service
Boxydev Cloud is a SaaS server manager for PHP servers. Boxydev Cloud manages your servers by provisioning them with the best settings and parameters possible. The servers managed by Boxydev Cloud are subject to the provider's terms of use. Boxydev Cloud will not be responsible if the server is suspended or made unavailable by the provider for any reason, including in case of violation of the terms of use of this provider.
Use of services
You have the right to use our services, provided that you are of legal age to enter into a binding contract and that you are not prohibited from receiving these services under French law or other countries. To access our services, you must provide current and factual identification, contact information, and other information as part of the registration and billing process. You are solely responsible for keeping your account information confidential and for all activities that occur under your account. You are solely responsible for all content in your account. You agree to immediately notify Boxydev Cloud of any unauthorized use of your account or any other breach of security of your account. Boxydev Cloud shall not be liable for any loss or damage resulting from your failure to provide us with accurate information or to ensure the security of your account.
Prohibited use
You agree that the activities below are considered prohibited use and will result in immediate suspension or cancellation of your account without refund and the possibility that Boxydev Cloud may impose fees and/or bring civil action without notice.
- Illegal or harmful activities.
- Activities that violate any applicable local, national or international law or regulation.
- Promote illegal activities or link to other websites promoting illegal activities.
- Identity theft.
The terms of service specifically prohibit the use of our service for illegal activities. Therefore, subscriber agrees that Boxydev Cloud may disclose all subscriber information, including assigned IP numbers, account history, account usage, etc. to any court that sends us a valid court order, without further consent or notice to subscriber. In addition, Boxydev Cloud shall have the right to terminate all services set forth in this agreement.
Server security
The subscriber is solely responsible for maintaining and guaranteeing the security of the subscriber's servers that are created with the Boxydev Cloud service. Boxydev Cloud accepts no responsibility for any breach of security or data breach of subscriber's servers, even if such servers were originally created and provided by Boxydev Cloud. Boxydev Cloud does not guarantee the security of the subscriber's servers, even if these servers were initially created and provisioned by Boxydev Cloud. We follow strict, industry-leading security measures to manage the servers. We will NEVER access your server without your explicit request to do so. If your server requires manual intervention from us, you must seek our assistance and give us permission to access your server before we can assist you.
Backup
The subscriber is solely responsible for the conservation of the subscriber's data that he records on his server (the "data"). Boxydev Cloud assumes no responsibility for data that may be lost. Even with regard to the data for which the subscriber subscribes to backup services provided by Boxydev Cloud, Boxydev Cloud has no responsibility for the preservation of the data.
Subscriptions
You agree that Boxydev Cloud is authorized to charge your credit card on a monthly, annual or other agreed basis prior to providing services (referred to as "billing cycle"). Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days overdue. Accounts that are not recoverable by Boxydev Cloud may be turned over to an outside collection agency for collection.
Boxydev Cloud is not responsible for any additional bank charges, interest charges, finance charges, surcharge fees or other charges resulting from fees charged by Boxydev Cloud. Exchange settlements will be based on agreements between you and your credit card provider. No prorated credit will be issued for unused services while the customer maintains an active service.
You can modify or cancel your subscription at any time for any reason.
Price changes
Subscriber is aware that Boxydev Cloud may change the fees charged for the services at any time, provided that, for services billed on a subscription basis, the change will not become effective until the end of the billing cycle, then in progress of your subscription. Boxydev Cloud will provide you with reasonable written notice of any fee changes to give you the opportunity to cancel your subscription before the change becomes effective.
Costs
You agree that Boxydev Cloud is not responsible for any additional fees charged to your credit card by third party server providers such as DigitalOcean, Scaleway, Amazon, Vultr or Linode.
Refunds
All fees paid by existing customers are non-refundable, except for new users. If you are a new user, you are entitled to a full refund within fourteen (14) days from the date of purchase. Any request for reimbursement after the period of fourteen (14) days cannot be taken into account.
You must submit the refund request through the official support system within the given time frame. Boxydev Cloud has the right to refuse a refund, including, but not limited to, in case of abuse of the system or if fraud is suspected.
If a customer requests a refund, it will take approximately three (3) to five (5) business days to process and complete. All returns must be made using the same payment method. Boxydev Cloud will not be liable for any loss, damage, cost or expense that you or anyone may incur as a result of any delay in processing the refund by your financial institution. Once the refund has been processed, your subscription will be cancelled.
All lifetime purchases are non-refundable. They are considered a lifetime purchase after trying this product.
Support limits
Boxydev Cloud provides technical support to its subscribers via an email support system. Our scope when providing assistance is assistance related to the physical operation of your virtual server created by Boxydev Cloud. We do not offer technical support for specific application issues such as configuration, programming, web server configuration for this application or any other such issue. Boxydev Cloud does not provide technical support to your customers.
Account cancellation
Boxydev Cloud reserves the right to suspend access to any customer if, in the opinion of the administrators of Boxydev Cloud, the customer's server is the source or the target of a violation of one of the conditions of use or for any other reason that Boxydev Cloud chooses. Boxydev Cloud will exercise judgment in informing the customer and solving the problem by a method resulting in the least disruption of service. Boxydev Cloud reserves the right to terminate the service without notice in the event of continuous and repeated violation of the terms of use. If inappropriate activity is detected, all accounts of the customer in question will be disabled until an investigation is completed. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted about the activity.
If at any time it becomes necessary for Boxydev Cloud to cancel a customer's service without cause, Boxydev Cloud will provide 10 days notice.
You can cancel the service at any time by using the "Cancel" link located in the "Billing" sub-tab of the Boxydev Cloud web application. Cancellation of service does not release subscriber from responsibility for payment of all accrued charges. If you cancel a subscription, you can use the service until the end of your billing cycle. You can resume the subscription due to a change of mind if the billing cycle end date does not exceed, and auto-renewal will be active again.
Downgrading or canceling your subscription may result in loss of content, functionality or capacity of the service as available to you, and Boxydev Cloud accepts no liability for such loss.
Warranty statement
Boxydev Cloud provides the service "as is", "with all faults" and "as available". To the maximum extent permitted by applicable law, Boxydev Cloud makes no (and specifically disclaims) any representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any warranty that the service will be uninterrupted, free or free from harmful components, that content will be secure or otherwise lost or damaged, or any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-breach, and any warranties arising out of any course of performance, trade conduct or trade usage. Some jurisdictions do not allow the above exclusions.
Limitation of liability
In no event shall we or our directors, employees, agents, partners, suppliers or content providers be liable in contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (I) For any lost profits, lost data, data theft, cost of acquiring substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential of any kind, substitute goods or services (whatever), (II) For any bugs, viruses, trojans or the like (regardless of the original source), or (III) For any direct damages in excess of (in total) the fees paid to us for the particular services during the immediately preceding one-month period, even if Boxydev Cloud had been advised of, knew of, or should have known of the possibility of this. Subscriber acknowledges that the fees paid by subscriber reflect the allocation of risks set forth in this agreement and that Boxydev Cloud could not enter into this agreement without such limitations. Subscriber hereby waives any and all claims against Boxydev Cloud arising out of subscriber's purchase or use of the services, or any conduct of Boxydev Cloud's directors, officers, employees, agents, or representatives. Your sole and exclusive right and remedy for any dissatisfaction with the services or any other grievance shall be your termination and cessation of access to or use of the services.
Changes and updates
Boxydev Cloud may modify these terms at any time for various reasons, such as to reflect changes in applicable law or updates to the services, and to accommodate new services or features. The most recent version will always be published on the Boxydev Cloud website.
If a change is material, as determined in Boxydev Cloud's sole discretion, Boxydev Cloud will notify you by email. A notice of modification may also be published on the Boxydev Cloud blog or when you log in to your account. The modifications will enter into force at the earliest on the day of their public publication. For certain changes to be effective, applicable law may require Boxydev Cloud to obtain your consent to such changes or provide you with sufficient notice thereof. If you do not wish to accept changes to the terms of a service, you must stop using that service, because by continuing to use the services, you are indicating that you agree to be bound by the updated terms.
Boxydev Cloud constantly modifies and improves the services. Boxydev Cloud may add, modify or remove features of a service at any time without notice. Boxydev Cloud may also limit, suspend or discontinue a service at its discretion. If Boxydev Cloud discontinues a service, we will give you reasonable notice to give you the opportunity to prepare and export a copy of your data from that service. Boxydev Cloud may remove content from the services at any time in our sole discretion, although we will endeavor to notify you before doing so if doing so materially affects you and if possible under the circumstances.