THIS LEGAL AGREEMENT BETWEEN YOU AND INNOVATION SIMPLE INC GOVERNS YOUR USE OF THE ToolboxOS PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING "AGREE," YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.
Innovation Simple Inc is the provider of the Service, which permits you to utilize certain Internet services, including storing your personal content (such as documents, files, company data, notes, reminders, app data, metrics and mail) and making it accessible through the internet and/or on your compatible devices and computers only under the terms and conditions set forth in this Agreement. As soon as you setup a ToolboxOS account, your content will be automatically stored by Innovation Simple, so it can be accessed from internet enabled devices. "Innovation Simple" as used herein means:
To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing.
Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. Innovation Simple reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. High-speed Internet access is strongly recommended for use. The latest version of required software is recommended to access the Service and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
Automatic backup is available for all accounts, and occurs periodically. Innovation Simple reserves the right to delete the backups associated with that device. Your ToolboxOS email, contacts, calendars, documents, metrics and other data are stored in, and can be accessed from the application or from contacting ToolboxOS Support. Innovation Simple shall use reasonable skill and due care in providing the Service, but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INNOVATION SIMPLE DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND INNOVATION SIMPLE SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your responsibility to maintain appropriate alternate backup of your information and data.
Innovation Simple reserves the right to modify or terminate the Service (or any part thereof), either temporarily or permanently. Innovation Simple may post on our website and/or will send an email to the primary address associated with your Account to provide notice of any material changes to the Service. It is your responsibility to check your ToolboxOS email address and/or primary email address registered with ToolboxOS for any such notices. You agree that Innovation Simple shall not be liable to you or any third party for any modification or cessation of the Service. If you have paid to use the Service and we terminate it or materially downgrade its functionality, we will provide you with a pro rata refund of any pre-payment.
You agree to use the Service only for purposes as permitted by this Agreement and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Exceeding any applicable or “reasonable” limitation of bandwidth, or storage capacity (for example, backup or email account space) is prohibited and may prevent you from using ToolboxOS, adding documents, or receiving new email sent to your ToolboxOS mail. If your use of the Service or other behavior intentionally or unintentionally threatens Innovation Simple’s ability to provide the Service or other systems, Innovation Simple shall be entitled to take all reasonable steps to protect the Service and Innovation Simple’s systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in termination of your Account.
The Service, or any feature or part thereof, may not be available in all languages or in all countries and Innovation Simple makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
From time to time, Innovation Simple may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing Innovation Simple with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Innovation Simple, and that Innovation Simple is not obligated to provide you with any Beta Features. Innovation Simple may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that Innovation Simple may collect and use certain information from your Account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert back to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this Agreement and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Innovation Simple strongly encourages you to backup all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Innovation Simple may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that Innovation Simple provides to you in order to receive any such support. Innovation Simple reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that Innovation Simple has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, Innovation Simple will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, Innovation Simple will be free to use any feedback you provide for any purpose.
The Service accepts credit cards and certain payment accounts (where available) for payment, and will automatically charge the payment method associated with your Account. Innovation Simple may obtain pre-approval for an amount up to the amount of the transaction. Billing occurs at the time of or shortly after your transaction. You agree that you will pay for the upgrades you purchase through the Service, and that we may charge your credit card or payment account for any upgrades purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account, and that we may continue to charge your credit card or payment account for all fees or charges associated with your subscription on the recurring basis that was originally used until you change or cancel the subscription. This means that unless you change or cancel your subscription prior to the next billing date, we will charge your credit card or payment account the then-current fees on that next annual billing date.
You can change your subscription by upgrading or downgrading your Account under the ToolboxOS section of Settings. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING INNOVATION SIMPLE WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or payment account you designate during the registration process. If we are unable to successfully charge your credit card or payment account for fees due, we reserve the right to revoke or restrict access to your Account and stored Content, delete your stored Content, or terminate your Account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the Account settings section of ToolboxOS; this may temporarily disrupt your access to the Services while Innovation Simple verifies your new payment information.
In the event you change your subscription, your total price will include the price of the upgrade plus any applicable credit card fees and any sales, use, goods and services (GST), or other similar tax, under applicable law and based on the tax rate in effect at the time you purchase the upgrade. We will charge tax when required to do so under the tax rules applicable to the Service.
You may consult your Account manager for details on your Account information including payment method and billing currency. Innovation Simple will provide an electronic invoice available in the application whenever any Service fees are charged to your Account. If you believe you have been billed in error for the Service please try and notify us within 15 days of the billing date by contacting ToolboxOS Support at the support information listed on ToolboxOS.com.
All fees and charges paid by you in relation to the Service are nonrefundable, except as required by law or as otherwise stated herein. You may contact Innovation Simple for a full refund within 3 days of an initial upgrade or purchase. To request a refund as described herein go to ToolboxOS.com for more details. Applicable local law may vary this policy. Please contact ToolboxOS Support for details.
You can cancel your subscription in your ToolboxOS Account at any time. Your paid subscription will be cancelled on your next billing date (annual or monthly). Partial refunds are available where required by law.
Innovation Simple may at any time, upon notice required by applicable law, change the price of the base product, module fees, tracking fees, storage fees or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription billing year will apply to subsequent subscription billing years and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel and stop using the product.
As a registered user of the Service, you may establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Innovation Simple of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Innovation Simple shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
In order to use the Service, you must enter your email address and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Account. You agree that Innovation Simple may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account.
Particular components or features of the Service provided by Innovation Simple and/or its licensors, require separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service.
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in connection with the Service.
You agree that your Account is non-transferable and that any rights to your Account or Content within your Account terminate upon your death. Upon receipt of a copy of a death certificate your Account may be terminated and all Content within your Account deleted. Contact ToolboxOS Support at ToolboxOS.com for further assistance.
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.