Terms and Conditions

Effective as of __ _______ 2023

These Terms and Conditions (hereafter referred to as – ‘Terms and Conditions’) outline who We are and what services We provide as well as other essential provisions of this binding agreement between You and Us on Our Website and App use.

Within the Terms and Conditions we refer to the listed below notions and mean by them as defined:

• ‘Website’ – Our website which is available at https://www.monobox.tech/.
• ‘App’ – Our mobile application which is available on Google Play Market or/and Apple App Store under the name ‘Monobox’.
• ‘the Services’ – services provided by Monobox, which are available on the Website or App.
• ‘Monobox’ (also ‘We’, ‘Our’, ‘Us’) – LLC MONOBOX registered under the laws of Ukraine, registration number: 45149949, address: Ukraine, 02002, Kyiv, Andriy Abolmasov street, house 7, apartment 446.
• ‘User’ (also ‘You’, ‘Your’) – any natural person that uses the Website and/or an App.
• ‘Your Content’ (also ‘the Content’) - any files, documents, data, photos, comments, messages, contacts, and so on You provide Us with by uploading to or using Our Services.

I. Where do these Terms and Conditions apply?

These Terms and Conditions applicable to Your use of Our Website and/or App.

By using the Services You confirm that:

• - You are aged not less than 13 years or for this matter any legal age of Your country and
• - You have read and accepted the provisions of these Terms and Conditions and
• - agreed to be bound by them.

II. What services do We provide?

We provide You with the opportunity to use cloud storage which is designed to make it easier for teams and individuals to handle large numbers of the Content. You may upload, submit, store, send, receive, share, comment, search, sort and work on Your Content and folders with others on Your computer or mobile device using Our Services. To get more information on the Services please visit Our About page.

We exclusively reserve the right to change the scope and conditions of the Services provided to You without any prior notice or Your special permission. All such changes, if present, will be outlined in these Terms and Conditions and/or on Our Website and/or App.

III. Description of the Services

To get access to the Services on the Website or App You need to obtain a paid subscription.

You may need to register for an account to access the Services, and We may create an account for You so that You can interact with the Services.

We do not guarantee that the Services on the Website or App will be always available or working uninterrupted and be free from errors or omissions, or will be available in all countries and/or all geographic locations.

Please be informed, an official App can be downloaded on Google Play Market or/and Apple App Store. We shall not be liable for any infringement caused by the App downloaded from third-party sources.

The Website and/or App can be updated or changed without any prior notice.

IV. Subscription

You can purchase a subscription on Our App.

The cost of the subscription depends on the storage time, ranging from 1 month to 36 months, and storage capacity, ranging from 120 GB to 2 000 GB.

This paid subscription includes such features:

• - minimum storage capacity is 120 GB and maximum storage capacity is 2 000 GB;
• - minimum storage time is 1 month and maximum storage time is 36 months;
• - uploading Your Content without restrictions;
• - no advertisement within the App;
• - ability to create group chats and to share Your Content via chat;
• - offline mode feature with accessing Your Content without internet;
• - files storage from internet searches;
• - ability to choose Your country and storage location Yourself;
• - ability to сonnect Your server to Us;
• - cloud storage security settings;
• - live support.

The subscription begins after the payment and terminates on the last day of the paid period, which is indicated at the time of the purchase.

We may discontinue the Services based on exceptional unforeseen circumstances and events beyond Our control, or to comply with a legal requirement. In such case, We will give You reasonable prior 30 days’ notice so that You can export Your Content from Our systems. If We discontinue the Services in this way before the end of any fixed or minimum term You have paid Us for, We will refund the portion of the fees You have pre-paid but have not received Services for.

We shall not be liable for the inability to use the features of the paid subscription due to Your hardware and/or software limitations.

We reserve an exclusive right to change subscription price, introduce promotion prices change or other conditions for the Services available on App.

In addition to these Terms and Conditions, terms of marketplaces regarding the order, payment and refund shall be applicable to You.

V. Price and payments

The price of the subscription is based on Your storage capacity, storage time, location of data center You chosed, currency and may vary from region to region. In any event the precise price of the chosen subscription is displayed at the time of the purchase. Please be informed that Our monthly or annually paid subscription will be automatically renewed and charged every month or year. Additionally, we might introduce a free time-based trial period for some subscriptions, which will be indicated in any in-App promotions or splash screens.

To the extent permitted by the applicable law, payments are non-refundable and We do not provide refunds for any unused features of the paid subscription. If You cancel a purchased subscription, You will not receive a refund for the current billing period, but will continue to receive Your subscription Content for the remainder of the current billing period, regardless of the cancellation date. Your cancellation goes into effect after the current billing period has passed.

We may change the fees of Our subscription in effect on renewal of Your subscription, to reflect some factors such as changes in economic conditions, or in Our product offerings, or changes to Our business etc. We will give You no less than 30 days’ advance notice of these changes via a message to the email address associated with Your account and You will have the opportunity to cancel Your subscription before the new fee comes into effect.

VI. Intellectual property rights

All of the content present on the Website, which could be subject to copyright or in this matter any other intellectual property right (e.g. trademark, design etc.), belongs to Us and/or used by Us under permission of Our licensors and/or used under a free public license, which allows commercial use. So long as You comply with these Terms and Conditions We grant You a personal, limited, non-exclusive, non-sublicensable, revocable, non-transferable, royalty-free, worldwide license to access and use Website and/or access and/or use any copyrighted content that may be available on the Website.

All copyright or in this matter any other intellectual property right to Our App belongs to Us. So long as You comply with these Terms and Conditions We grant You a personal, limited, non-exclusive, non-sublicensable, revocable, non-transferable, royalty-free, worldwide license to access and use App and/or access and/or use any copyrighted content that may be available on the App.

You must not modify, copy, distribute, transmit, perform, display, prepare derivative works from, transfer, sell, exploit or otherwise use any content present on the Website and/or App without prior written permission of Us or Our licensors.

Our services are designed to let You upload, submit, store, send, receive, share or work with Your Content. You have no obligation to provide any content to Our services and You are free to choose the content that You want to provide. If You choose to upload, share or store Your Content, please make sure You have the necessary rights to do so and that the content is lawful.

We do not claim ownership in any of Your Content that you upload, share, or store using Our Services.

We will not change or use Your Content. You grant Us with a limited license to use Your Content only to enable Us to provide and improve the Services, such as providing the functionality You want if You choose to share Your Content with someone or open it on a different device.

We will keep Your Content only as long as You ask Us to keep it.

You can delete Your Content if You choose to stop using Our Services.

VII. Sharing of Your Content

With Our Services, You can work on Your Content together with other users. You can create archives with Your Content, as well as group chats, share Your Content in chats, discuss and edit Your Content and archives with Your Content.

You control who can access Your Content using Our Services. Sharing settings in Our Services allow You to manage permissions for other users to interact with Your Content in a chat and configure file privacy.

We will not share Your Content with others except as described in our Privacy Policy.

VIII. Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate Your access to the Services with notice to you if We reasonably believes that You are in breach of these Terms and Conditions or applicable laws.

We will provide You with reasonable advance notice via the email address associated with Your account to remedy the activity that prompted Us to contact You and give You the opportunity to export Your Content from Our Services. If after such notice You fail to take the steps We ask of You, we will terminate or suspend Your access to the Services.

Once we suspend or terminate Your access to the Services, You will not be able to access or export Your Content. We do not provide refunds if We suspend or terminate Your access to the Services, unless required by law.

IX. Limitation of liabilities and indemnification

We shall not be liable for any incidental, indirect, punitive and consequential damages, lost profits, or damages resulting from infringement caused by Your use of the Services.

You agree to defend, indemnify, and hold harmless Us from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses including, without limitation, reasonable legal and accounting fees, arising from or relating to your breach of these Terms and Conditions or your access to, use, or misuse of the Website and/or App.

X. Governing law and dispute resolution

These Terms and Conditions, where applicable, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to these Terms and Conditions are exclusively governed by and enforced in accordance with the legislation of the United States of America and the State of Delaware.

Any dispute regarding the Services rendering and use of the Website and/or App under these Terms and Conditions will be subject to the exclusive jurisdiction of the respective courts of Ukraine.

All disputes and disagreements that might arise out of or in connection with these Terms and Conditions shall be resolved by means of negotiations. You agree that for the purposes of the settlement of disputes between You and Us, email for correspondence: [insert email] shall be an effective and binding method of communication.

XI. Contact Us

You shall have the right to contact Us on any issue regarding the Services, Our Website and App via the email: [insert email]. We will reply to any such communication without undue delay and always within 30 days.

XII. Changes to these Terms and Conditions

These Terms and Conditions went into effect on December __, 2023, however, are subject to change and occasional updates.