Terms of Service

These Terms of Service (“Terms“) govern your access to and use of Whiteboard (“Whiteboard”, “we” or “our”) websites, services, and applications (collectively the “Service“). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. Whiteboard reserves the right to update and change the Terms from time to time without notice. Any new features and/or releases that enhance or change the current Service shall be subject to these Terms. Continued use of the Service signifies your agreement to the revised Terms. If you do not accept or agree the Terms, you must not access any Service that is provided by Whiteboard.

Violation of any of these Terms will result in the termination of your contract / agreement with Whiteboard and its Services. Whiteboard reserves the right to refund any prepayment of service. You can access the current version of these Terms by visiting whiteboard.co/terms at any time.

Account Terms
1. You must be at least 13 years of age to use Whiteboard’s Service.
2. Must be human, not a bot. Sorry.
3. Must provide correct data such as your legal name, valid e-mail address, and any additional information that is required.
4. You may only use your login. No sharing of login information with other individuals.
5. Responsible of maintaining security of own password & user name.
6. You are responsible for all your content. Be sure to keep your password and login information safe.
7. You may not use it for any illegal reasons. Activity will result in termination of your account without refund.
8. By creating an account, you are agreeing to be opted into our monthly newsletters and additional email notifications from the team at Whiteboard.

API
1. Whiteboard is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages, etc. resulting from use of the API or third-party products that access data via the API.

Cancellation & Termination
1. You are solely responsible for properly cancelling your account. To cancel your account, please send an email to cancel@whiteboard.co along with the Team Owner’s information.
2. Phone calls or other methods will not be accepted for account cancellation.
3. Whiteboard reserves the right to delete all your content upon cancellation or termination of your account.
4. Content that is deleted will not be recoverable.
5. If account is cancelled or terminated in the middle of a monthly cycle, you will not be refunded nor will charges continue the following month.
6. Whiteboard has the sole discretion to cancel or terminate any account for any reason at anytime at which you will forfeit and relinquish all your content in your account.
7. Whiteboard reserves the right to refuse service for anyone.

Payment / Cancel / Refunds / Upgrading / Downgrading
1. Service is billed in advanced and is non-refundable once charges are accrued for the month of Service.
2. If you do not cancel your account prior to the end of the free trial, you will be billed monthly starting after the trial period ends. If you cancel prior, then you will not be charged.
3. Whiteboard may make certain Paid Services for free on a trail basis for a limited amount of time.
4. Your subscription and obligation to pay for a subscribed Service will continue indefinitely until cancelled by you or terminated / discontinued by Whiteboard.
5. By accepting the terms, you agree to authorize Whiteboard to charge you subscription fees and all applicable taxes associated with the Paid Service using your payment information.
6. Unless specified otherwise, all payments will automatically renew for successive payment periods unless cancelled by your or terminated / discontinued by Whiteboard in accordance with these Terms.
7. Refunds only made on advanced payments for which monthly usage has not accrued. No partial, upgrade, downgrade, no usage on accounts will be refunded. No exceptions.
8. Any upgrade or downgrade, your account will be charged the next billing month.
9. Downgrade of service can result in loss of content, features or capacity of your account for which Whiteboard will not be liable for any such loses.
10. If payment is late, Whiteboard reserves the right to suspend or terminate your account and delete all your content at our sole discretion.
11. All payments are excluding taxes. You are responsible for the regulation of all payments, payments due and obligations for the appropriate Tax Authorities.

Modification to Services & Prices
1. Whiteboard reserves the right to modify or discontinue either temporarily or permanently the Service with or without notice at any time.
2. Prices are subject to change with 30 day notice from Whiteboard. Notifications can be made by blog, email or through the Service with a timestamp.
3. Whiteboard is not responsible for the effects of all modifications and payments changes or cease continuation of Service provision.

Copyright and Content Ownership
1. All content posted to the Service must comply with U.S. Copyright law.
2. All content displayed or otherwise accessible through the Service are protected under the U.S. Copyright laws and are owned by Whiteboard.
3. Whiteboard does own the rights and has IP with regards to its logos, look and feel of its Service. You may not duplicate, copy, modify, distribute, reverse engineer, decompile or reuse any portion of the code or visual design without express written permission from Whiteboard.
4. You as the user retain ownership in all User Content.
5. You are solely responsible for any content you post on the Service.
6. You agree not to post content that is unlawful, threating, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, profane or indecent.
7. Words, titles, phrases, logos, designs, graphics, icons are marks of Whiteboard and my be registered or unregistered trademarks of Whiteboard.
8. You are not allowed to use any of these marks without the written permission of Whiteboard
9. Whiteboard does not allow access any content or files to third parties.

General Conditions
1. Act responsibly in a manner demonstrating and exercising good judgment.
2. You agree to comply with all usage limits of the Service such as storage space, bandwidth, number of simultaneous logins, frequency of calls to Service or API.
3. Whiteboard uses third party services and vendors to run the Service from hosting, its hardware, software, networking, storage and related technologies.
4. You must not modify or hack the Service. This will result in punishment to the highest extent of the law.
5. You agree not to duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without written permission.
6. Certain portions of features and the Service may be available on only paid subscriptions.
7. Verbal, physical, written or other abuse of any Whiteboard customer, employee member or officer will result in immediate account termination.
8. We have a zero tolerance spam policy. You don’t like spam, so why solicit it.
9. Must not transmit any virus, worms or any code of a destructive nature. Be kind.
10. You understand your data can be transferred in non-cryptic transmission by any device or manner.
11. If your bandwidth usage exceeds the average bandwidth, which is determined by Whiteboard, we reserve the right to throttle your file hosting until you can reduce your bandwidth consumption.
12. Whiteboard shall not be liable for any direct, indirect, etc.
13. Whiteboard reserves the right to terminate your account at any time without notice.
14. You use the Service “as is”. Use at your own risk.

Feedback
1. We love feedback but providing feedback to Whiteboard, you agree and represent and warrant that Whiteboard is free to use such feedback for any purpose it desires without any compensation or obligation to you or any other person. You can submit feedback to Feedback@whiteboard.co

Apple Device and Application Terms
1. If accessing via Apple device, these Terms are between user and Whiteboard, not with Apple and that Apple is not responsible for the Application or the Content.
2. You will only use the application with the Apple device that you own.
3. Apple has no obligation whatsoever to furnish any maintenance and support with relations to the application
4. Apple is not responsible for addressing any claims from you or a third party with regards to the application.
5. You are not located in a country subject to a U.S. Government Embargo or one that has been designated as a “terrorist supporting” country.

Privacy
6. We care about Privacy of our users. You can learn more as described in our Privacy Policy.

Indemnification
1. You agree to indemnify, defend and hold harmless the Whiteboard Related Parties from and against any and all loss, liability (including, without limitation, settlements and judgments) and expense (including, without limitation, actual attorneys’ fees and expenses and court costs) arising out of: (a) any third party claim against any Whiteboard Related Party alleging that User Content or communications posted or submitted to or through the Sites or Services by you infringes the third party’s intellectual property rights, privacy rights, publicity rights or other rights; (b) any breach by you of any provision of these Terms and/or any representation or warranty set out herein; and (c) any cost or expense incurred by any Whiteboard Related Party in the enforcement of this provision. Whiteboard will have the right, in its sole and unfettered discretion, to control the defense and settlement of any action or proceeding against any Whiteboard Related Party that you are bound to defend pursuant to the foregoing.

Governing Law & Jurisdiction
1. Services controlled by Whiteboard and from its offices in Oklahoma.
2. By accessing or using the Sites or Services, you agree that all matters relating to your access to, or use of, the Sites and Services shall be governed by the laws of the State of Oklahoma and the United States of America applicable therein, without regard to the conflict of laws principles thereof. Subject to the Dispute Resolution provision below, you agree and hereby submit to the non-exclusive jurisdiction of the Courts located in Tulsa, Oklahoma with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

No Warranty / Disclaimer of Warranties
1. THE SITES, SITE CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BY ACCESSING OR USING THE SITES OR SERVICES YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITES, SITE CONTENT AND SERVICES IS ENTIRELY AT YOUR OWN RISK. WHITEBOARD MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) THAT THE SITES, SITE CONTENT OR SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE, AVAILABLE, SECURE, TIMELY, MEET YOUR REQUIREMENTS, OR PROVIDE SPECIFIC RESULTS; (B) REPRESENTATIONS, WARRANTIES AND CONDITIONS OF PERFORMANCE, MERCHANTIBILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USE OF TRADE; (C) THAT THE OPERATION OF THE SITES OR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (D) THAT DEFECTS OR ERRORS IN THE SITES, SITE CONTENT OR SERVICES WILL BE CORRECTED; (E) THAT THE SITES, SITE CONTENT OR SERVICES WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; OR (F) THAT COMMUNICATIONS TO, FROM ,THROUGH OR IN CONNECTION WITH THE SITES OR SERVICES WILL BE SECURE OR NOT INTERCEPTED.
2. NOTE: THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of Liability
1. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL WHITEBOARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “WHITEBOARD RELATED PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA, LOST USE, LOST OPPORTUNITIES, LOST PROFITS, LOSS OF GOODWILL, DAMAGE TO PROPERTY, THIRD PARTY CLAIMS, OR ANY OTHER ECONOMIC LOSS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF A WHITEBOARD RELATED PARTY KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
2. IN NO EVENT SHALL THE WHITEBOARD RELATED PARTIES’ AGGREGATE AND COLLECTIVE LIABILITY RESPECTING ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITES, SITE CONTENT, SERVICES OR THESE TERMS, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF (A) THE TOTAL AMOUNTS THAT YOU HAVE PAID TO WHITEBOARD, IF ANY, AND (B) FIFTY CANADIAN DOLLARS (CDN$50); EVEN IF A WHITEBOARD RELATED PARTY HAD BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
3. IN NO EVENT SHALL ANY WHITEBOARD RELATED PARTY BE LIABLE FOR ANY LOSS, DAMAGE OR ARISING FROM THE FAILURE OF A WHITEBOARD RELATED PARTY OR YOUR FAILURE TO PROTECT YOUR USERNAME OR PASSWORD.
4. THE WHITEBOARD RELATED PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER, SERVICE PROVIDER, ADVERTISER OR SPONSOR OF THE SITES, SITE CONTENT OR SERVICES (COLLECTIVELY, “THIRD PARTY USERS”). UNDER NO CIRCUMSTANCES SHALL ANY WHITEBOARD RELATED PARTY BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (A) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER, OR (B) ANY USE OR INABILITY TO USE ANY INFORMATION, MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED ON OR MADE AVAILABLE THROUGH ANY WEB SITE OR SERVICE LINKED TO OR FROM THE SITES, SITE CONTENT OR SERVICES. IF YOU DECIDE TO ACCESS OR USE ANY WEB SITE OR SERVICE LINKED TO OR FROM THE SITES, SITE CONTENT OR SERVICES (OR ANY INFORMATION, MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES ON OR MADE AVAILABLE THEREFROM), YOU DO SO ENTIRELY AT YOUR OWN RISK.
5. YOU HEREBY RELEASE EACH WHITEBOARD RELATED PARTY FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST ANY WHITEBOARD RELATED PARTY, ARISING FROM YOUR PURCHASE OR USE OF ANY THIRD PARTY GOODS, SERVICES, SOFTWARE, MATERIALS, INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SITES, SITE CONTENT OR SERVICES OR LINKED TO OR FROM THE SITES, SITE CONTENT OR SERVICES.
6. NOTE: THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Any questions of the Terms can be sent to support@whiteboard.co.