These Terms of Service ("Terms") form a legally binding agreement between you ("you", "your", or "Customer") and Hibox for Nonprofits ("Hibox", "we", "us", or "our") and govern your access to and use of the Hibox website, web application, mobile services, APIs, integrations, and related products (collectively, the "Services"). By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.
If you are using the Services on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms, in which case "you" and "your" also refer to that organization.
Contents
- Accounts & Eligibility
- Free Trial
- Subscriptions, Fees & Billing
- Refunds & Cancellation
- Acceptable Use
- Customer Content & License
- SMS / Text Messaging
- Third-Party Services & Integrations
- Intellectual Property
- Feedback & Suggestions
- Privacy & Data Protection
- Service Availability
- Suspension & Termination
- Disclaimers
- Limitation of Liability
- Indemnification
- Dispute Resolution & Arbitration
- Governing Law & Venue
- Export Controls
- Changes to Terms
- Miscellaneous
- Contact
1. Accounts & Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. You agree to provide accurate, current, and complete information during registration and to keep that information up to date.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to immediately notify us at [email protected] of any suspected unauthorized access. We are not liable for losses arising from unauthorized access caused by your failure to safeguard credentials.
2. Free Trial
Hibox offers a 14-day free trial to new organizations. During the trial, you may access trial-eligible features without payment. We may, at our discretion, modify the duration, eligibility, or scope of the trial at any time. At the end of the trial, your account will either transition to a paid plan you have selected or move to a limited / read-only state until you select a plan.
3. Subscriptions, Fees & Billing
- Plans & fees: applicable plans, fees, and features are described on our pricing page or within the application. Fees are exclusive of taxes; you are responsible for any sales, use, VAT, or similar taxes.
- Auto-renewal: subscriptions automatically renew at the end of each billing cycle (monthly or annual) unless cancelled before the renewal date.
- Payment method: by providing payment details, you authorize us (or our payment processor) to charge the payment method on file for all fees due, including auto-renewal charges.
- Late payments: if a charge fails or a payment is past due, we may suspend or terminate access until amounts are paid in full.
- Plan changes: upgrades take effect immediately and are billed pro-rata; downgrades take effect at the start of the next billing cycle.
4. Refunds & Cancellation
You can cancel your subscription at any time from your billing settings. Cancellation takes effect at the end of the current paid billing cycle; you will retain access to paid features until that date.
Except where required by law, fees already paid are non-refundable. We may, at our sole discretion, issue partial or full refunds in cases of documented service outages, billing errors, or in goodwill scenarios.
5. Acceptable Use
You agree not to:
- Use the Services to violate any law, regulation, or third-party right.
- Upload or transmit malware, viruses, worms, or any code intended to disrupt or damage the Services or any system.
- Attempt to gain unauthorized access to other accounts, computer systems, networks, or data.
- Probe, scan, or test the vulnerability of the Services without our prior written authorization.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services, except to the extent such restriction is prohibited by applicable law.
- Resell, sublicense, or commercially exploit the Services without our prior written consent.
- Use the Services to send spam, unsolicited messages, or content that is harassing, defamatory, abusive, obscene, or unlawful.
- Send SMS or email through Hibox-integrated providers to recipients who have not given valid express prior consent.
- Misrepresent your identity, affiliation, or the source of any communication.
- Interfere with or disrupt the integrity or performance of the Services or third-party data contained within.
- Use the Services to build a competing product or copy any features, functions, or interfaces.
6. Customer Content & License
"Customer Content" means all data, files, documents, text, images, recordings, and other materials you upload, generate, or otherwise make available through the Services. You retain all ownership rights in your Customer Content.
You grant Hibox a worldwide, non-exclusive, royalty-free, fully sublicensable license to host, store, copy, transmit, display, reformat, and process Customer Content solely as necessary to provide the Services to you and your organization, to enforce these Terms, and to comply with applicable law.
You represent and warrant that: (a) you own or have the necessary rights and consents to upload all Customer Content; (b) Customer Content does not infringe or violate any third-party rights; and (c) you have obtained all required consents from individuals whose personal information is included in Customer Content (e.g., clients, volunteers, board members, donors).
7. SMS / Text Messaging
If you opt in to receive SMS messages from Hibox, you agree to our SMS Terms & Conditions. Message and data rates may apply. Reply STOP to unsubscribe at any time, or HELP for help.
If you use Hibox to send SMS messages to your own contacts (clients, volunteers, donors, board members), you are solely responsible for obtaining valid express prior consent from each recipient as required by the Telephone Consumer Protection Act (TCPA), CAN-SPAM, CTIA Messaging Principles & Best Practices, applicable carrier guidelines, and all other applicable laws. Hibox is not responsible for any messages you send that violate these requirements, and you agree to indemnify Hibox against any resulting claims.
8. Third-Party Services & Integrations
The Services may integrate with or link to third-party products, services, or websites (e.g., Google, Microsoft, Stripe, Twilio). Your use of those third-party services is governed by their own terms and privacy policies. We are not responsible for and do not endorse any third-party services, and any disputes regarding such services should be addressed directly with the provider.
9. Intellectual Property
Except for Customer Content, the Services and all related materials — including all software, designs, text, graphics, logos, trademarks, documentation, and the look and feel — are owned by Hibox and our licensors and are protected by intellectual property and unfair competition laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms. All rights not expressly granted are reserved.
10. Feedback & Suggestions
If you provide feedback, suggestions, or ideas about the Services, you grant Hibox a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate that feedback into the Services without obligation or compensation to you.
11. Privacy & Data Protection
Our Privacy Policy describes how we collect, use, and protect your information. By using the Services, you agree to the practices described in our Privacy Policy. To the extent we process personal data on your behalf, we do so as a data processor under a Data Processing Agreement available on request.
12. Service Availability
We strive to maintain high availability of the Services but do not guarantee uninterrupted, error-free operation. We may schedule maintenance, updates, or modifications that temporarily affect availability and will provide reasonable advance notice for planned downtime where practical.
13. Suspension & Termination
We may suspend or terminate your access to the Services, in whole or in part, immediately and without notice if you (a) breach these Terms; (b) fail to pay applicable fees; (c) use the Services in a manner that may cause legal liability or harm to us, other users, or third parties; or (d) we are required to do so by law.
You may terminate your account at any time from account settings. Upon termination: (i) your license to use the Services ends immediately; (ii) you will lose access to Customer Content stored within the Services; and (iii) we may retain Customer Content for a reasonable period to comply with legal obligations or resolve disputes. You may request export of your Customer Content during the 90-day period following termination.
Sections that by their nature should survive termination (Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and Miscellaneous) shall survive.
14. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA OR CONTENT WILL BE ACCURATE, RELIABLE, OR COMPLETE.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIBOX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES.
OUR TOTAL CUMULATIVE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO HIBOX FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
16. Indemnification
You agree to defend, indemnify, and hold harmless Hibox, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your Customer Content; (c) your violation of these Terms; (d) your violation of any applicable law or any rights of a third party (including SMS, privacy, or intellectual property rights); or (e) any messages you transmit through the Services.
17. Dispute Resolution & Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be addressed through good-faith informal negotiation by contacting [email protected]. If the dispute is not resolved within 60 days, it shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except that either party may bring an individual action in small-claims court for qualifying disputes.
Class action waiver: you and Hibox agree that any dispute will be resolved on an individual basis and not as part of any class, consolidated, or representative action.
18. Governing Law & Venue
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Subject to Section 17, any judicial proceeding shall be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.
19. Export Controls
You may not access or use the Services if you are located in, or a national of, any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, or if you are listed on any U.S. Government list of prohibited or restricted parties.
20. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by email or via the Services and update the "Last updated" date. Your continued use of the Services after changes take effect constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Services.
21. Miscellaneous
- Entire agreement: these Terms, together with our Privacy Policy and SMS Terms, constitute the entire agreement between you and Hibox regarding the Services.
- Assignment: you may not assign these Terms without our prior written consent. We may assign these Terms freely.
- Severability: if any provision is held unenforceable, the remaining provisions will remain in full force and effect.
- No waiver: our failure to enforce any right or provision is not a waiver.
- Notices: we may provide notices to you via email, in-app messaging, or by posting on this page.
- Force majeure: neither party is liable for failure or delay caused by events beyond reasonable control.
22. Contact
For questions about these Terms, contact us at [email protected].