Terms of Service
We (the folks at Codelitt, Inc) run a secure sharing platform called Boveda (bovedahq.com) and would love for you to use it. Boveda’s basic service is free, and we offer paid upgrades for advanced features. Our service is designed to give you as much control and ownership over how your share secure details. However, be responsible in what you share. In particular, make sure that none of the prohibited items (like spam, viruses, links to illegal content, or serious threats of violence) are sent using Boveda.
If you have received a message from a user that is using Boveda that you believe violates these Terms of Service, please contact us at firstname.lastname@example.org
(Note: Thank you to Automattic for making these Terms and Conditions available to copy and modify via the Creative Commons ShareAlike license. We have copied the base content and modified it to meet our needs and standards. You can see the original here https://en.wordpress.com/tos/ where you may repurpose it for your own use)
Terms of Service:
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Boveda, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a Boveda account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username/email. You are responsible for keeping your password secure.
- Your Boveda Account and Website. If you have an account on Boveda, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Boveda of any unauthorized uses of your your account, or any other breaches of security. Boveda will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Users and Recipients. If you utilize Boveda to send secure information, utilize Boveda to receive secure information, or otherwise make (or allow any third party to make) material available (any such material, “Secure Content”), you are entirely responsible for the content of, and any harm resulting from, that Secure Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Boveda, you represent and warrant that your Content and conduct do not violate these terms. By sending Secure Content with Boveda, you grant Boveda a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, and distributing this content to your intended recipient. You also give your intended recipient permission to access your Secure Content. If you revoke Secure Content, Boveda will use reasonable efforts to remove it from BovedaHQ.com. Without limiting any of those representations or warranties, Boveda has the right (though not the obligation) to, in Boveda’s sole discretion, (i) reclaim your username/email or team’s subdomain due to prolonged inactivity, (ii) refuse or remove any content that, in Boveda’s reasonable opinion, violates any Boveda policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of BovedaHQ.com to any individual or entity for any reason. Boveda will have no obligation to provide a refund of any amounts previously paid.
- Web Traffic. We use a third party, Google Analytics to measure Boveda’s audience and usage. We may use additional analytics platforms in the future.
- HTTPS. We utilize HTTPS by default, including those using custom subdomains, via Let’s Encrypt.
- Payment and Renewal.
- General Terms. Optional paid services such as extra storage or domain purchases are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Boveda the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
- Automatic Renewal. Unless you notify Boveda before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your account’s settings page.
5. Responsibility of Receivers of Secure Content.
Remember that content shared using our services was done so by a user of our Services. This content was encrypted in such a way that Boveda has not reviewed, and cannot review the material shared using our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Boveda does not represent or imply that it endorses the material shared, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Boveda disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted. If you receive harmful or illegal content from a User using our Services, it is the visitors’ responsibility to contact us at email@example.com
6. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the the sharing Services. Boveda does not have any control over those non-BovedaHQ.com websites, and is not responsible for their contents or their use. By linking to a non-BovedaHQ.com website, Boveda does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Boveda disclaims any responsibility for any harm resulting from your use of non-BovedaHQ.com websites and webpages.
7. Copyright Infringement and DMCA Policy.
As Boveda asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BovedaHQ.com violates your copyright, you are encouraged to notify Boveda in accordance with Boveda’s Digital Millennium Copyright Act (“DMCA”) Policy. Boveda will respond to all such notices, including as required or appropriate by removing the infringing material. However, due to the nature of the service, once Secure Content is accessed, it is deleted automatically. Boveda will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Boveda or others. In the case of such termination, Boveda will have no obligation to provide a refund of any amounts previously paid to Boveda.
8. Intellectual Property.
This Agreement does not transfer from Boveda to you any Boveda or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Boveda. Boveda and Codelitt, Inc logos, and all other trademarks, service marks, graphics and logos used in connection with BovedaHQ.com or our Services, are trademarks or registered trademarks of Boveda or Boveda’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Boveda or third-party trademarks.
9. Subdomain Names.
We work with third party registrars in order to provide our users with subdomain name services. When you register a subdomain name on BovedaHQ.com, or when you renew or transfer an existing subdomain name on BovedaHQ.com, you become bound by the relevant registrar’s terms and conditions (Namecheap), in addition to these Terms. Which registrar terms apply depend, in some cases, on the date you register your domain. These registrar terms are incorporated by reference into these Terms.
Further, your use of the subdomain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”).
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by a notification on the site, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Boveda may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BovedaHQ.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties.
Our Services are provided “as is.” Codelitt, Inc and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Codelitt, Inc nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
14. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Miami-Dade County, Florida.
15. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Miami, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
16. Limitation of Liability.
In no event will Codelitt, Inc, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Boveda under this agreement during the twelve (12) month period prior to the cause of action. Boveda shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17. General Representation and Warranty.
18. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Boveda reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Codelitt, Inc, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Codelitt, Inc DBA “Boveda” and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Codelitt, Inc, or by the posting by Boveda of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Codelitt, Inc may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.