This Agreement is effective as of the date of your acceptance (the “Effective Date”). This Agreement applies whether you are a casual visitor to the Site, or if you utilize the Service (a “Consumer”).
You may not access the Services: (a) if you do not agree to the terms of this Agreement; (b) if you are our direct competitor; (c) if you are not currently in a free trial period; or (d) if you have not agreed to pay via the terms of agreement or contract.
We may make changes to this Agreement from time to time in Our sole discretion. When these changes are made, we will make a new copy of the Agreement available to you through the Site. Your use of the Services after the date on which the updated Agreement is made available to you through the Site constitutes your acceptance of the updated Agreement. If you disagree with changes to the Services or updates to the Agreement, your exclusive remedy is: (i) if you are a casual visitor, to stop visiting the Site; or (ii) if you are a Consumer, to cancel your Account. 360INBOX INC. reserves the right to terminate, block, or restrict your access to or use of the Site or Services for any breach or violation of this Agreement.
OUR SITE IS NOT DESIGNED FOR USE BY CHILDREN AGES 13 AND UNDER. IF YOU ARE 13 YEARS OF AGE OR YOUNGER, YOU MAY NOT USE THE SERVICES. When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian.
You represent that any information you submit to Us when using the Services or Site is accurate, truthful, and current. You also represent that your use of the Services or Site does not violate any applicable law or regulation.
1. SERVICES AND SUPPORT
1.1 Subject to the terms of the Service Order Agreement, the Reseller (360INBOX INC.) will use commercially reasonable efforts to provide Customer the Services, in accordance with the License and Usage Restrictions outlined in Exhibit B of the customer's Service Order Agreement.
1.2 Subject to the terms hereof, Reseller will, and will cause the Company to, provide Customer with reasonable technical support services in accordance with the terms set forth in Exhibit C of the customer's Service Order Agreement.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
2.2 Customer represents, warrants, and covenants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policies”) and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless the Reseller and Company against any and all damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of the Services or Software. Although neither Reseller nor Company have any obligation to monitor Customer’s use of the Services or Software, Reseller and Company may do so and may prohibit Customer’s use of the Services it believes may be (or alleged to be) in violation of the foregoing.
2.3 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files.
3. CONFIDENTIALITY; PROPRIETARY RIGHTS
3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Reseller and Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company and Reseller to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, (c) was rightfully disclosed to it without restriction by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law.
3.2 Customer shall own all right, title and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Services.
3.3 Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
3.4 Notwithstanding anything to the contrary, Company shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
3.5 No rights or licenses are granted except as expressly set forth herein.
4. PAYMENT OF FEES
4.1 Customer will pay Reseller the then applicable fees described in Exhibit A of the Service Order Agreement for the Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services requires the payment of additional fees (per the terms of this Service Order Agreement), Customer shall be billed and Customer agrees to pay the additional fees in the manner provided herein. Reseller reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Term or then-current Renewal Term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Reseller has billed Customer incorrectly, Customer must contact Reseller no later than thirty (30) days after the date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Reseller’s customer support department.
4.2 Reseller may choose to bill through an electronic invoice, in which case, full payment for invoices issued in any given month must be received by Reseller no less than thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1% per month on any outstanding balance, or the maximum permitted by applicable law, whichever is lower, plus all expenses of collection and may result in immediate termination of the Service. Customer shall be responsible for all taxes associated with the Service.
5. TERM AND TERMINATION
5.1 Term is as set forth in Section III above.
5.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ prior written notice if the other party materially breaches any of the terms or conditions of this Service Order Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided.
6. WARRANTY AND DISCLAIMER
Reseller shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond Reseller’s reasonable control, but Reseller shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, RESELLER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND RESELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Reseller shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Reseller is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Reseller will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Reseller, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Reseller, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Service Order Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Reseller to be infringing, Reseller may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Service Order Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.
8. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, EXCEPT FOR BODILY INJURY OF A PERSON, RESELLER AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE NOR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS SERVICE ORDER AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND RESELLER’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO RESELLER FOR THE SERVICES UNDER THIS SERVICE ORDER AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Amendments. Any changes to this Service Order Agreement shall be by written amendment signed by the parties’ authorized representatives. No changes shall be effective or shall be carried out in the absence of such an amendment.
Governing Law. This Service Order Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any action or legal proceeding arising under or with respect to this Service Order Agreement (including any motion or other interlocutory proceeding) shall be brought in a Court or tribunal, whichever may be applicable, sitting in Toronto, Ontario, save the Supreme Court of Canada.
Enurement. This Service Order Agreement shall enure to the benefit of and be binding upon the parties, their heirs, executors, administrators, successors and assigns.
Survival. Upon All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
Severability. If any provision of this Service Order Agreement is found to be void, unenforceable, illegal or invalid in any respect by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that this Service Order Agreement will otherwise remain in full force and effect and enforceable.
Assignment. This Service Order Agreement is not assignable, transferable or sublicensable by Customer except with Reseller’s prior written consent. Reseller may transfer and assign any of its rights and obligations under this Service Order Agreement without Customer’s consent.
Entire Agreement. This Service Order Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Service Order Agreement, and all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
Relationship of the Parties. No agency, partnership, joint venture, or employment is created as a result of this Service Order Agreement and Customer does not have any authority of any kind to bind Reseller in any respect whatsoever.
Costs. In any action or proceeding to enforce rights under this Service Order Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
Notices. All notices under this Service Order Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
Counterparts. This Service Order Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties; it being understood that all parties need not sign the same counterparts.
The types of User Data (i.e., data collected from visitors to 360INBOX INC.’s website) we collect for 360INBOX INC.’s own business purposes, and how it is used or shared depends on the reason(s) why it was collected. The purpose, however, is always to facilitate communication with businesses and people who utilize, or may become a future User of, 360INBOX INC.’s website. To that end, 360INBOX INC. collects the following categories of User Data on this Site:
Identifiable information, and anonymous information, through technologies such as “cookies” collected when you visit and interact with the Site.
Identifiable personal information you voluntarily give us (such as your name, address, telephone number, email address, or other information requested) so that we can communicate with prospective Users, current Users, former Users, and visitors further about our services, offerings, as well as in the course of providing services to 360INBOX INC. Users, whether or not collected through the Site, or otherwise.
User also grants 360INBOX INC. broad rights to use de-identified data, including de-identified User Data collected by us through your use of the 360INBOX INC. Platform and Services, which rights continue even after an Agreement ends. Except for our limited rights to use the User Data, we acquire no right, title or interest from you or your Users, including any intellectual property rights therein.
We may collect PII from Users in a variety of ways, including, but not limited to, when Users visit our site, fill out a form, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site or outside or the Site. By way of example, Users may be asked for, as appropriate, name, email address, mailing address, phone number. We will collect PII from Users only if they voluntarily submit such information to us through the Site or otherwise. Users can always refuse to supply PII, except that it may prevent them from engaging in certain Site related activities or obtaining services from 360INBOX INC. for which it is necessary to first obtain such information.
We, our partners, our advertisers, and third-party advertising networks use various technologies to collect information, including but not limited to cookies, pixels, scripts, and device identifiers. Cookies are small text files that are sent by your computer when you access our services through a browser. We, our partners, our advertisers, and third-party advertising networks may use session cookies (which expire when you close your browser), persistent cookies (which only expire when you choose to clear them from your browser), pixels, scripts, and other identifiers to collect information from your browser or device that helps us do things such as understand how you use our services and other services; personalize your experience; measure, manage, and display advertising on the Services or on other services; understand your usage of the Services and other services in order to serve customized ads; and remember that you are logged into the Services. Our partners, advertisers, and third-party advertising networks may use these technologies to collect information about your online activity over time and across different websites or online services. By using your browser settings, you may block cookies or adjust settings for notifications when a cookie is set. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
Your browser can alert you when cookies are placed on your device, and how you can stop or disable them via your browser settings. Please note, however, that without cookies all of the features of our online services may not work properly. If you use a mobile device, you can manage how your device and browser share certain device data by changing the privacy and security settings on your mobile device. You can learn more about cookies and how to manage your preferences by visiting http://www.allaboutcookies.org.
For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can also visit https://youradchoices.com/ and www.youronlinechoices.eu for EU visitors.
We use other companies as service providers to help us analyze our site, track metrics, and advertise to you. These service providers generally promised us under contract to keep data private but have their own privacy policies that you should be aware of.
We may use third-party analytics service providers to help us with our online services, such as Google Analytics, Intuit, Salesforce, and Twitter. The analytics providers that administer these services use technologies such as cookies, web beacons, and web server logs to help us analyze how you use our online services. We may disclose your site-use information (including IP address) to these analytics providers, and other service providers who use the information to help us figure out how you and others use our online services.
To learn more about how Google Analytics uses your data, please visit https://policies.google.com/technologies/partner-sites?hl=en-US.
To learn more about how Intuit uses your data, please visit
To learn more about how Salesforce uses your data, please visit https://www.salesforce.com/company/privacy/.
To learn more about how Twitter uses your data, please visit https://twitter.com/en/privacy.
360INBOX INC. may collect and use Users personal information for the following purposes:
To run and operate our Site we may need your information to display content on the Site correctly.
To improve customer service, information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience, we may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To run a promotion, contest, survey or other Site feature.
To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails for account and/or marketing purposes.
To respond to inquiries, questions, and/or other requests.
We may identify you from your Personal Data and merge or co-mingle Personal Data and Non-Personal Data, for any lawful business purpose. Except as otherwise stated, we may use information we collect from you for the legitimate business purpose of providing our Services to you, including, but not limited to:
to respond to your requests and provide user support;
to evaluate and improve the content of our Services;
to customize the Services to your preferences;
to establish accounts to use the Services;
to communicate information and promotional materials to you (where you have not expressed a preference otherwise);
to check on your account status and maintain record of activities in connection with your use of the Site;
to notify you of any changes to relevant agreements or policies;
to enforce our agreements, terms, conditions, and policies;
to prevent or investigate fraud (or for risk management purposes), or to comply with a legal obligation, court order, or in order to exercise our legal claims or to defend against legal claims;
to comply with a legal obligation, a court order, or in order to exercise our legal claims, or to defend against legal claims;
to describe our Services to current and prospective business partners and to other third parties for other lawful purposes; and
for other purposes identified to you and as requested by you.
to establish your account to use the Services;
to charge your credit card or bank account for Services;
to validate your username, email, password, and/or other login credentials;
to respond to your requests;
to fulfill your purchase(s);
to send you email and postal mail supplying you with the most recent service information or to send you information;
to notify you of any changes to relevant agreements or policies; and
We do not sell or rent Personal Data to marketers or unaffiliated third parties. We do have relationships with trusted third parties, but we will not share any Personal Data that we have collected from or regarding you except as described below:
Service providers that help us administer and provide the Services (for example, a web hosting company whose services we use to host our platform). These third-party service providers have access to your Personal Data only for the purpose of performing services on our behalf. We have entered into contractual relationships with these service providers and require them to comply with all applicable data privacy laws and regulations and to use the Data only for the purposes for which it was disclosed. We require that any third-party service provider limit their use of your Data solely to providing services to us and that they maintain the confidentiality, security, and integrity of your Data and not make unauthorized use or disclosure of the Data;
You may change, edit, update, or delete the information that you provided when you set up your account through our Service(s) through your account settings. You may also request the deletion of this information by sending an email via our contact form.
As a Data Subject, you have the right to request access to your Personal Data as it exists in our records by emailing us via our contact form. You also have the right to rectify, correct, or amend your Personal Data if it is inaccurate or incomplete. You may also have the ‘right to erasure’ of your Personal Data; however, this is not always possible due to legal requirements and exceptions may apply. A Data Subject may have the right to object to the processing of his or her Personal Data, for example, due to his or her particular situation, for direct marketing uses, or for scientific or historical research. In certain circumstances, Data Subjects may have the right to obtain a restriction on our processing of their Personal Data, in which case such Personal Data will, with the exception of storage, only be processed with the Data Subject’s consent or in circumstances such as our exercise or defense of legal claims or the protection of another person. Data Subjects may also have the right to request that we provide data portability for their Personal Data via a copy of the data in a commonly-used format and/or transfer their Personal Data directly to another data controller (where technically feasible). Exceptions to these rights may apply, for example, if the processing is necessary for a task carried out in the public interest. Finally, if a Data Subject has given his or her consent to our processing of his or her Personal Data for certain purposes, he or she has the right to withdraw consent to such use at any time by contacting us via the contact information below.
We retain the Personal Information we collect where we have an ongoing legitimate business need to do so (for example to comply with applicable legal, tax or accounting requirements). This means that we retain different categories of data for different periods of time depending on the category of user to whom the data relates, the type of data, and the purposes for which we collected the data. When we have no ongoing legitimate business need to process your Personal Information, we will either delete or aggregate it. At any time, users may request deletion of their account data immediately by sending an email via our contact form. When we delete your account, it cannot be recovered.
We may collect, use, and disclose certain Personal Data about you when acting as service provider to an organization that uses or provides our Site or Services. These organizations are responsible for ensuring that your privacy rights are respected, and should include information to help you understand how third parties collect and use your Personal Data. To the extent that we are acting as a data processor, we will process your Personal Data according to the terms of our agreement with the respective organization and its lawful instructions.
We currently use third party subprocessors to provide infrastructure services (Amazon Web Services), to help us provide customer support (Intercom), and for email communication purposes (Google Workspace). Prior to engaging any third party subprocessor, we perform due diligence to evaluate their privacy, security and confidentiality practices.
We do not sell products or services for purchase by anyone under the age of thirteen (13). In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we will never knowingly request or solicit Personal Data from anyone under the age of thirteen (13) without verifiable parental consent. In the event that we receive actual knowledge that we have collected such Personal Data without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Service(s).
The General Data Protection Regulation (GDPR) is a European Union (EU) regulation governing the privacy and security of personal data. The regulation gives users more control over how their data is used and imposes heavy fines for companies who fail to comply or suffer data breaches. This regulation took effect May 25, 2018.
As data processors, we are committed to addressing privacy throughout the development of new products, processes or services, particularly those that involve using and processing personal data.
California Civil Code Section 1798.100-199, the California Consumer Privacy Act (“CCPA”) permits certain additional responsibilities towards California Residents. In addition, California residents may request the list of the Personal Data and related information collected by us as denoted in California Civil Code Sections 1798.110(a) and 1798.115. A California resident may also request that we delete any Personal Data about the California resident, so long as the Personal Data is not necessary to our business or service provider functions, as denoted in California Civil Code Section 1798.105(d). California residents will not receive discriminatory treatment by us for the exercise of their privacy rights conferred by the CCPA. Any California resident Personal Data requests may be emailed via our contact form.
California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by emailing a request via our contact form.
This document was last updated on March 15, 2023.