TeraBox Terms of Service
Posted: April 28, 2020
Effective: April 28, 2020
Thank you for using TeraBox. These terms of service (these “Terms”) govern your use of and access to our services, client software and websites (the "Services"). Your agreement is with Flextech Inc. (the “Company”, “we” or “us”). Our Privacy Policy explains how we collect and use your information. By using the Services, you are agreeing to be bound by these Terms and by our Privacy Policy.
Age requirements
No one under 13 is allowed to use or access the Services. Please read all notices and any Additional Terms carefully when you access the Services.
By using the services, you state that:
(1) you are at least 13 years old and over the minimum age for accessing and using the Services as required by the laws of your country;
(2) you have not been previously suspended or removed from the Services;
(3) your registration and use of the Platform complies with all applicable laws;
If you are accepting these terms on behalf of an entity, you warrant that you have the authority to bind the organization to these Terms and agree to be bound.
Parent or Guardian permission
If you are unde 18, or are still defined as a minor according to the laws of your country, you should read this policy under the supervision and guidance of your guardian, and submit your personal information after obtaining the guardian's consent.
Please note that due to the characteristics of the Internet and the anonymity of user networks, it is difficult for us to verify the authenticity of your guardian's consent one by one. Therefore, if you are a user in the above situation, please consciously obtain the consent of your guardian.
Children policy
We do not knowingly collect or solicit personal information from children under the age of 13（or the age of majority in the local area) ,or knowingly allow children to use our services. If you are user in the above situation, please do not send us any information about yourself, including your name, address, phone number or email address. No one under the age of 13 may provide any personal information.
If you think that your child has provided this kind of information on our app, we strongly encourage you to contact us immediately and we will do our best to promptly remove such information from our records.
When you use the Services, you may provide us with materials such as your files, content, messages, contacts uploaded by you (“User Material.” See Privacy Policy for the detail.). These Terms do not give the Company any right to User Data, except for the limited rights that enable it to offer the Services.
The Company requires your permission to do things such as hosting and creating backups of User Data. In order to provide the Services, the Company accesses, stores and scans User Data. You hereby give us permission to do so, and this permission extends to the Company’s affiliates and certain third parties with whom the Company works.
Acceptable Use Policy
You agree not to misuse the Services or help anyone else to do so. In particular, but without limitation, you must not do, or attempt to do, any of the following in connection with the Services:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions;
- circumvent storage space limits;
- publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
- advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment;
- violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
- violate the privacy or infringe the rights of others.
User Responsibilities
You fully acknowledge and agree that you will use the Services on your own responsibility and you will be responsible for any of your actions and outcomes through your use of the Services, including vis-à-vis other users of the Services. Your use of the Services must comply with our Acceptable Use Policy above.
The content of the Services may be protected by third-party intellectual property rights. Therefore, you may not copy, upload or download content unless you have the right to do so.
You agree that the Company may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. Also, you agree that the Company may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that the Company reviews content, so please do not assume that we do.
In order to keep your User Data protected, please carefully store your password to the Services and keep your account information current. You should not share your account information or give others access to your account.
You may use the Services only as permitted by applicable law, including export control laws and regulations. You must be at least 15 years old (or older, depending on where you live) to use the Services. Further, if you are a minor, you confirm that you have obtained parental consent to use the Services.
Software
The Services may allow you to download client software (“Software”). Software may update automatically. So long as you comply with these Terms, the Company grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely for the purpose of using the Services. To the extent any component of the Software is offered under an open source license, the Company will make that license available to you, and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Company Property
The Services are protected by copyright, trademark, and other Japanese and foreign laws. These Terms do not grant you any right, title or interest in or to the Services, content of the Services belonging to third parties, the Company trademarks, logos or other brand features.
Copyright
The Company respects the intellectual property of others and require our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following Notice of Alleged Infringement (“Notice”) and delivering it to the Company. Upon receipt of a Notice as described below, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.
(a) Identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
(b) Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled or the exact location where such material may be found.
(c) Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
(d) Provide your full legal name and your electronic or physical signature.
Please deliver the Notice to helpdesk@flextech.co.jp
SUBSCRIPTION STORAGE UPGRADES & PAID FEATURES
Additional storage and features are available for purchase the Paid Service on a TeraBox for Paid Accounts. You may use the Paid Service is available until the contract expires.
If you choose a subscription contract, the contract will continue to be automatically renewed until you cancel it before the end of the contract period. At the end of each contract period, the contract period will be automatically extended for one month and you may use the Paid Service continuously.
We will charge you a fee at the same time you purchase the Paid Services. We will charge you regardless of whether you actually use the Paid Service or not. If you choose a subscription, we will automatically charge you at the renewal of each contract until you cancel the subscription.
You may cancel the Paid Service at any time. We will not refund any fees that you have paid prior to cancellation. Please note that once your subscription is automatically renewed, we cannot accept subsequent cancellations or refunds for any reason.
If you fail to pay for the Paid Service within the due date, we will stop providing the Service or restrict your use of the Paid Service features or storage. In this case, we will reduce the storage available to you to 1TB, and if you have used more than 1TB, you will not be able to back up any more or use certain features unless you reduce the storage used to less than 1TB. You shall be responsible for any damages caused to you by such measures.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Termination
You may cease using the Services at any time. The Company reserves the right to suspend or terminate your access to the Services with notice to you if:
(a) you are in breach of these Terms, or
(b) your use of the Services would cause a real risk of harm or loss to us or other users.
The Company will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export User Data from the Services. If, after such notice, you fail to take the steps requested in the notice, the Company will terminate or suspend your access to the Services.
No notice of termination will be provided where:
(a) you are in material breach of these Terms,
(b) doing so would expose the Company to legal liability or compromise our ability to provide the Services to our other users, or
(c) The Company is prohibited from doing so by law.
Change or Discontinuation of Services
We provide you with high-quality and professional personal cloud storage services. The Company may, in its discretion when it deems necessary, without prior notice, change all or part of the Services, or discontinue providing all or part of the Services or features of the Services, to you or to users generally, or create usage limits for the Services, which may include, without limitation, reduction of the amount of free storage space available to you (“Free Storage Capacity”) if your account remains inactive for a reasonable period of time and imposition of a fee for aspects of the Services previously offered for no charge, provided, however, that if such change or discontinuation of the Services causes any reduction or elimination of the Free Storage Capacity, the Company will give you reasonable prior notice so that you can export User Data from the Service. If the Company discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, the Company will refund the portion of the fees you have pre-paid but haven't received Services for.
Services “AS IS”
THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES.
Limitation of Liability
EXCEPT IN CASE YOUR LOSSES AND DAMAGES ARE ATTRIBTUED TO THE COMPANY’S WILFULL INTENT OR GROSS NEGLIGENCE, THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY OF YOUR LOSSES OR DAMAGES DERIVED FROM USE OF THE SERVICES, PROVIDED, HOWEVER, THAT IF OUR CONTRACT WITH YOU IN CONNECTION WITH USE OF THE SERVICES IS CONSIDERED AS “CONSUMER CONTRACT” UNDER THE CONSUMER CONTRACT ACT, EXCEPT IN CASE YOUR LOSSES AND DAMAGES ARE ATTRIBTUED TO THE COMPANY’S WILFULL INTENT OR GROSS NEGLIGGNCE, THE COMPANY SHALL BE RESPONSIBLE TO YOU ONLY FOR DIRECT FORESEEABLE LOSSES AND DAMAGES IN NORMAL CIRCUMSTANCES, WHICH SHALL BE CAPPED AT THE FEES THE COMPANY RECEIVES FROM YOU IN CORRESPONDING MONTH WHEN SUCH LOSSES AND DAMAGES ARE INCURRED IF YOU PAY FEES TO USE THE SERVICES. NEITHER THE COMPANY NOR ITS AFFILIATES SHALL BE LIABLE FOR:
i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
Resolving Disputes
Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting helpdesk@terabox.com. The Company will endeavor to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or the Company may bring a formal proceeding.
You and the Company agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in courts of Tokyo. Both you and the Company consent to exclusive venue and personal jurisdiction in such courts. If you reside in a jurisdiction with laws that give consumers the right to bring disputes in their local courts, this paragraph shall not affect those requirements.
Controlling Law
These Terms will be governed by Japanese law except for its conflicts of laws principles.
Entire Agreement
These Terms constitute the entire agreement between you and the Company with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Except as expressly set forth herein, these Terms create no third-party beneficiary rights.
Waiver, Severability & Assignment
The Company’s failure to enforce a provision shall not constitute a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. The Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
The Company may revise these Terms from time to time:
(a) to reflect changes to the law,
(b) to reflect new regulatory requirements,
(c) to reflect improvements or enhancements made to the Services,
(d) if the amendment to these Terms conform to the general interest of the users, or
(e) if the amendment to these Terms does not contradict the purpose of the contract, and it is reasonable in light of the circumstances concerning the amendment such as the necessity of the amendment and the appropriateness of the details of the amended terms.
The Company will notify you in advance of any update that affects your use of the Services or your legal rights as a user of the Services. These updated terms shall be effective no less than 30 days from such notification.
If you do not agree to such updates, please cease to use the Services before the updates become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.