Terms of Service

Last updated: 04/28/2020

1. Introduction

Welcome to BOILERPLATE Inc. (“Company”, “we”, “our”, “us”)! Our mission is to provide secure, efficient and organized file collection and storage systems that delight customers and optimize business operations. Please grab a cup of coffee and carefully read the following pages. It will take around 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use and access to our websites located at https://boilerplate.co, https://beta.boilerplate.co, https://app.boilerplate.co, and any related sites operated by BOILERPLATE Inc. (“Services”). Our Privacy Policy governs your use of our Services and explains how we collect, safeguard and disclose information that results from your use of our websites. Please read it here https://boilerplate.co/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). By using our Services, you are agreeing to be bound by these Agreements. These Agreements apply to all visitors, users and others who wish to access or use our Services. If you do not agree with (or cannot comply with) the Agreements, then you may not use our Services. Please let us know by emailing at support@boilerplate.co so we can try to find a solution.

2. Content and Conduct

Our Services allow you to post, link, store, scan, share and otherwise make available certain information, text, forms, graphics, files, or other material (“Content”). When you use our Services, you provide us access to these Content. These Terms do not give us any rights to your Content except for the limited rights that enable us to offer our Services.

By transmitting Content on or through our Services, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

Boilerplate does not review any user generated content on our site unless you give us consent to. You are responsible for ensuring all Content transmitted through our Services are not in violation of any laws and do not wrongfully infringe upon the intellectual property of others.

Any Content submitted through Boilerplate is at the discretion of its users. If at any time a requestor or recipient of Boilerplate Services does not feel comfortable submitting content through Boilerplate, they have the right to coordinate an alternative means to submit the information outside of Boilerplate. Requestors of information and file completion through the Boilerplate platform shall not make Boilerplate the only option to submit requested files and information.

You retain any and all of your rights to any Content you submit, post or transmit on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party transmits or stores on or through Service.

However, we need your permission to do things like hosting your Content, backing it up, and sharing it when you ask us to. Our Services also provide you with features like tracking, commenting, sharing, searching, OCR scanning, image thumbnails, document previews, sorting and organization, storage, and other customized functions to help reduce clutter and ensure quality. To provide these and other features, Boilerplate accesses and stores your Content. You hereby give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

3. Disclaimer

Boilerplate may occasionally provide self-service draft templates for client use. Our templates are content intended for private use only. They do not constitute legal advice. We do not review any information you provide us, nor do we offer any opinions, legal or otherwise, regarding the information you provide. Use of our website does not constitute an attorney-client relationship.

4. Your Responsibilities

Your use of our Services must comply with all applicable laws, including intellectual property laws, publicity laws, contract laws, export control laws and regulations. Content in the Services may be protected by others’ intellectual property rights. Please do not copy, upload, download, or share content unless you have the right to do so. Boilerplate may review your conduct and content for compliance with these Terms. We are not responsible for the content people upload and share via our Services.

You are responsible to back up your Content. Boilerplate is not responsible for any loss of data due to any failure to back up your Content.

You must be at least 18 years of age to use our Services.

5. Account Registration

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion

6. Authorized Users

In connection with use of your Account, you may authorize others (“Authorized User(s)”) to use the Services on your behalf. Each Authorized User will create and make use of a username and password. You are responsible for keeping the username and password confidential and ensure that they are not disclosed to any third party. You are responsible for any act or omission of your Authorized Users. Boilerplate is not responsible for activities that occur under your Account using your username and password, including any loss or deletion of your Content. You acknowledge that your Authorized Users have full access and management privileges of your Account(s), any personal data associated with your Account, and your Content.

Boilerplate reserves the right to terminate or suspend your Account, or the access of any Authorized User, for any reason, including if any registration information is inaccurate, untrue or incomplete, or if any Authorized User fails to maintain the security of any access credentials.

7. Communications

By creating an Account to use our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at unsubscribe@boilerplate.co.

8. Subscriptions

Our Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. There may also be additional charges, including set up and maintenance fees, custom services, storage, and usage-based fees.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or BOILERPLATE Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting BOILERPLATE Inc. customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide BOILERPLATE Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize BOILERPLATE Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, BOILERPLATE Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

9. Enterprise Accounts

If you purchase and register an account under our Enterprise Subscription option, you must use your Account in compliance with your organization’s terms and policies. Boilerplate Enterprise accounts establish a business relationship between Boilerplate and your organization, and thus are subject to your organization’s control. Your administrator may be able to access, disclose, restrict, or remove information in or from your Enterprise account. They may also be able to restrict or terminate your Enterprise access to the Enterprise account. If you plan to convert an existing personal account to an Enterprise Account, please contact support.

10. Free Trial

BOILERPLATE Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time or limited amount of system activity (“Free Trial”).

You may be required to enter your billing information in order to sign up for Free Trial.

If you enter your billing information when signing up for Free Trial, you will not be charged by BOILERPLATE Inc. until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, BOILERPLATE Inc. reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer. After the trial expires, if you do not select a paid plan, access to files and information stored in our system may be terminated.

11. Fee Changes

BOILERPLATE Inc., in its sole discretion and at any time, may modify Subscription fees and usage allowances for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

BOILERPLATE Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

12. Refunds

You may cancel your Subscription at any time. Refunds are only issued if you cancel your subscription within 14 days of signing up for, upgrading to, or renewing a Subscription.

13. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply

14. Prohibited Uses

You agree to not misuse our Service or help anyone else do so. You may use our Services only for lawful purposes and in accordance with these Terms. For example, the following uses are strictly prohibited:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

BOILERPLATE Inc., in its sole discretion and at any time, may modify Subscription fees and usage allowances for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

(b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service. 

(c) Use any manual process to monitor or copy any of the material on our Services or for any other unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of Service.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

(h) Take any action that may damage or falsify Company rating.

(i) Probe, scan, or test the vulnerability of our system or network

(j) Breach or otherwise circumvent any security or authentication measures.

(k) Otherwise attempt to interfere with or reverse engineering the proper working of Service.

15. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service. A list of some of our third-party Service Provides is as follows:

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

Firebase

Firebase is an analytics service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Mixpanel

Mixpanel is provided by Mixpanel Inc.

You can prevent Mixpanel from using your information for analytics purposes by opting-out.

To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/

For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/

16. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

17. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of BOILERPLATE Inc. and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BOILERPLATE Inc.

18. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@boilerplate.co, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

19. DMCA Notice and Procedure for Copyright Infringement Claims

Boilerplate respects the intellectual property of our users and expects you to do the same. In accordance with with Digital Millennium Copyright Act of 1998, available at http://www.copyright.gov/legislation/dmca.pdf, Boilerplate will respond expeditiously to claims of copyright infringement committed using Boilerplate Services if such claims are reported to Boilerplate’s Designated Copyright Agent.

If you are a copyright owner, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our designated Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

(b) a description of the copyrighted work that you claim has been infringed, including the URL

(i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(c) identification of the URL or other specific location on Service where the material that you claim is infringing is located;

(d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at legal@boilerplate.co

20. Error Reporting and Feedback

You may provide us directly at support@boilerplate.co with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

21. Links To Other Websites

Our Services may contain links to third party web sites or services that are not owned or controlled by Boilerplate Inc.

Boilerplate Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT BOILERPLATE INC. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

22. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY BOILERPLATE INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOILERPLATE INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER BOILERPLATE INC. NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

23. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

24. Termination

We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using our Services.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Termination of an account may result in losing access to files and information stored on our system.

25. User Data

Boilerplate will maintain certain data that you transmit to our websites for the purpose of managing the performance of our Services, as well as data relating to your use of the websites. Although we perform regular backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Services. Boilerplate has no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.

26. Force Majeure and Discontinuation of Services

We might decide to discontinue our Services in response to unforeseen circumstances beyond Boilerplate’s control. Any disruption or discontinuation of Services will not be considered a breach of this Agreement if such disruption or discontinuation is caused by natural disasters, epidemics, pandemics and quarantines, war, terrorist attacks and other instances of violence, cyber attacks such as DoS, DDoS, MitM, SQL injection, phishing attacks, or any other malicious introduction of viruses and disabling devices caused by third parties, actions taken by government authorities such as changes in laws, regulations, or orders, strikes and work slow-downs, shortages of power, supplies, infrastructure or transportation, and any acts beyond Boilerplate’s reasonable control.

27. Dispute Resolution

Let’s address your concerns without a formal legal case first. You hereby agree to try to resolve any legal dispute informally with Boilerplate before commencing a formal legal claim against Boilerplate. You may reach us at legal@boilerplate.co. We will try to resolve the dispute informally by contacting you via email.

28. Governing Law

These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions. However, some countries have laws that require agreements to be governed by local laws of the user domicile. This paragraph does not override those laws. 

29. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

30. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

31. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

32. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

33. Contact Us

Please send your feedback, comments, requests for technical support: By email: useragreement@boilerplate.co.