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Terms and Conditions

Last updated: January 23, 2025

Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and BoxGalleria ("Company", "we", "us", or "our") concerning your access to and use of the BoxGalleria platform and services.

By accessing or using our service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the service.

1. Account Registration and Security

1.1 Account Creation

  • You must be at least 16 years old to create an account
  • You must provide accurate, current, and complete information
  • You are responsible for maintaining the confidentiality of your account credentials
  • You may not use another person's account without permission
  • One person or business may only maintain one account

1.2 Account Security

  • You are responsible for all activities under your account
  • You must notify us immediately of any unauthorized access
  • We are not liable for losses caused by unauthorized use of your account

2. Services and Subscription

2.1 Service Description

BoxGalleria provides a SaaS platform for creating, managing, and sharing before-and-after image galleries. Services include:

  • Image upload and storage
  • AI-powered image enhancement (optional)
  • Gallery creation and customization
  • Public gallery hosting
  • Team collaboration features
  • Analytics and reporting

2.2 Subscription Tiers

We offer multiple subscription tiers (Free, Starter, Pro, Premium) with varying features and limits. Features and pricing are subject to change with notice.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the service at any time. We will provide reasonable notice for material changes.

3. Payments and Billing

3.1 Subscription Fees

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are in USD unless otherwise stated
  • Prices are subject to change with 30 days notice
  • You authorize us to charge your payment method automatically

3.2 Refunds

  • All payments are non-refundable except as required by law
  • No refunds for partial subscription periods
  • You may cancel your subscription at any time to avoid future charges

3.3 Failed Payments

If payment fails, we may suspend your account until payment is received. Continued failure may result in account termination and data deletion.

3.4 Taxes

You are responsible for all applicable taxes. We will charge tax when required by law.

4. User Content and Conduct

4.1 Your Content

You retain all rights to content you upload. By uploading content, you grant us a license to:

  • Store, process, and display your content
  • Provide AI enhancement services (if enabled)
  • Enable sharing features you configure
  • Create backups and ensure service reliability

4.2 Content Restrictions

You may not upload content that:

  • Violates any law or regulation
  • Infringes intellectual property rights
  • Contains malware or harmful code
  • Is pornographic, obscene, or offensive
  • Depicts illegal activities or violence
  • Violates privacy rights of others
  • Contains false or misleading information

4.3 Prohibited Conduct

You agree not to:

  • Attempt to access accounts or data of other users
  • Interfere with or disrupt the service
  • Use automated systems to access the service excessively
  • Reverse engineer or attempt to extract source code
  • Resell or redistribute the service
  • Remove or modify any proprietary notices
  • Impersonate any person or entity

4.4 Content Monitoring

We reserve the right to review, monitor, and remove content that violates these Terms. We are not obligated to monitor content but may do so.

5. Intellectual Property Rights

5.1 Our Rights

The BoxGalleria platform, including all software, designs, text, graphics, and trademarks, is owned by us and protected by intellectual property laws. You may not copy, modify, or distribute our platform without permission.

5.2 Your Rights

You retain all rights to your content. We do not claim ownership of your images or galleries.

5.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without compensation or attribution.

6. Privacy and Data Protection

Your use of the service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the service, you consent to our data practices as described in the Privacy Policy.

7. Service Availability and Maintenance

  • We strive for 99.9% uptime but do not guarantee uninterrupted access
  • Scheduled maintenance will be announced in advance when possible
  • Emergency maintenance may occur without notice
  • We are not liable for service interruptions or data loss

8. Account Termination

8.1 Termination by You

You may cancel your account at any time through your account settings. Cancellation takes effect at the end of your current billing period.

8.2 Termination by Us

We may suspend or terminate your account if:

  • You violate these Terms
  • Your payment fails repeatedly
  • We suspect fraudulent or illegal activity
  • Required by law or court order

8.3 Effect of Termination

Upon termination, your access ends immediately. We will delete your data within 30 days unless legally required to retain it. You remain responsible for all charges incurred before termination.

9. Disclaimers and Limitations

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 No Guarantee

We do not guarantee that the service will be error-free, secure, or uninterrupted. We do not guarantee specific results from using AI enhancement features.

9.3 Third-Party Services

We use third-party services (AWS, Clerk, Supabase, Replicate). We are not responsible for their performance or policies.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • We are not liable for indirect, incidental, special, or consequential damages
  • Our total liability is limited to the amount you paid us in the past 12 months
  • We are not liable for data loss, business interruption, or lost profits
  • These limitations apply even if we were advised of potential damages

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless BoxGalleria, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the service
  • Your content
  • Your violation of these Terms
  • Your violation of any rights of others

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, you agree to contact us at info@boxgalleria.com to attempt to resolve the dispute informally.

12.2 Arbitration

Any disputes will be resolved through binding arbitration rather than in court, except where prohibited by law. Arbitration will be conducted under the rules of [Arbitration Organization].

12.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or representative proceedings.

12.4 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BoxGalleria.

13.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

13.3 Waiver

Our failure to enforce any right does not waive that right.

13.4 Assignment

You may not assign these Terms. We may assign our rights and obligations without notice.

13.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our control.

14. Changes to Terms

We may update these Terms at any time. Material changes will be notified via email or platform notification. Continued use after changes constitutes acceptance. If you do not agree, you must stop using the service.

15. Contact Information

For questions about these Terms, please contact us:

Acknowledgment

BY USING THE BOXGALLERIA SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.