Terms of Service
1. Your relationship with TBlox
1.1 Your use of TBlox’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by TBlox under a separate written agreement) is subject to the terms of a legal agreement between you and TBlox. “TBlox” means TBlox BV, whose principal place of business is at Hofplein 20, 3032AC, Rotterdam, the Netherlands. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with TBlox, your agreement with TBlox will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with TBlox will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and TBlox in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by TBlox in the user interface for any Service; or (B) by actually using the Services. In this case, you understand and agree that TBlox will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with TBlox, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where TBlox has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with TBlox.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by TBlox
4.1 TBlox has subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of TBlox itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 TBlox is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which TBlox provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that TBlox may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at TBlox’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform TBlox when you stop using the Services.
4.4 You acknowledge and agree that if TBlox disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while TBlox may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by TBlox at any time, at TBlox’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to TBlox will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by TBlox, unless you have been specifically allowed to do so in a separate agreement with TBlox.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with TBlox, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that TBlox has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TBlox may suffer) of any such breach.
5.7 For certain software and service you need to pay. To purchase payable products and services you need a sufficient balance of TBlox credit, which can be purchased by you from TBlox and will be allocated to your user account (TBlox Credit). You must deposit sufficient TBlox Credit in your user account through your debit or credit card, voucher or via payment of received invoice from TBlox. TBlox reserves the right to stop accepting debit or credit cards from one of more issuers. TBlox-Credits are non-refundable and are valid for a period of 90 days in case you don’t use your credits. TBlox remains the right to block your account in case of insufficient TBlox Credits in you user account. Annual subscriptions are renewed automatically for a period of one year. You may terminate the annual subscription, upon delivery of a written notice, prior to three months before the due date for the annual subscription.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to TBlox for all activities that occur under your account.
6.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify TBlox immediately via mail icon support@www.tblox.com
7. Privacy and your personal information
7.1 For information about TBlox’s data protection practices, please read TBlox’s Privacy Policy. This policy explains how TBlox treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with TBlox’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to TBlox (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by TBlox or by the owners of that Content, in a separate agreement.
8.3 TBlox reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, TBlox may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that TBlox has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which TBlox may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that TBlox (or TBlox’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by TBlox and that you shall not disclose such information without TBlox’s prior written consent.
9.2 Unless you have agreed otherwise in writing with TBlox, nothing in the Terms gives you a right to use any of TBlox’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with TBlox, then you agree that your use of such features shall be in compliance with that agreement.
9.4 Other than the limited license set forth in Section 11, TBlox acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with TBlox, you agree that you are responsible for protecting and enforcing those rights and that TBlox has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by TBlox, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
10. Licence from TBlox
10.1 TBlox gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by TBlox as part of the Services as provided to you by TBlox (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TBlox, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TBlox, in writing. 10.3 Unless TBlox has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content licence from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give TBlox a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling TBlox to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this licence includes a right for TBlox to make such Content available to other companies, organisations or individuals with whom TBlox has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that TBlox, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit TBlox to take these actions.
11.4 You confirm and warrant to TBlox that you have all the rights, power and authority necessary to grant the above licence.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from TBlox. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit TBlox to deliver these to you) as part of your use of the Services.
13. Ending your relationship with TBlox
13.1 The Terms will continue to apply until terminated by either you or TBlox as set out below.
13.2 If you want to terminate your legal agreement with TBlox, you may do so by (a) notifying TBlox at any time and (b) closing your accounts for all of the Services which you use, where TBlox has made this option available to you. Your notice should be sent, in writing, to TBlox’s address which is set out at the beginning of these Terms.
13.3 TBlox may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) TBlox is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom TBlox offered the Services to you has terminated its relationship with TBlox or ceased to offer the Services to you; or (D) TBlox is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by TBlox is, in TBlox’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect TBlox’s rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TBlox have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. Exclusion of Warranties
14.1 The Services are provided “as is” and TBlox, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.
14.2 In particular, TBlox, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that: (A) your use of the Services will meet your requirements, (B) your use of the Services will be uninterrupted, timely, secure or free from error, (C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and (D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
14.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
14.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
15. Limitation of Liability
15.1 Nothing in these Terms shall exclude or limit TBlox’s liability for losses which may not be lawfully excluded or limited by applicable law.
15.2 Subject to overall provision in paragraph 15.1 above, TBlox, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for: (A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; (B) any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; (ii) any changes which TBlox may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services; (iv) your failure to provide TBlox with accurate account information; (v) your failure to keep your password or account details secure and confidential; (vi) your failure to have sufficient TBlox Credit in your user account;
15.3 The limitations on TBlox’s liability to you in paragraph 15.2 above shall apply whether or not TBlox has been advised of or should have been aware of the possibility of any such losses arising.
16. Copyright and trade mark policies
16.1 It is TBlox’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States) and to terminating the accounts of repeat infringers.
16.2 TBlox operates a trade mark complaints procedure in respect of TBlox’s advertising business, details, please send an email to mail icon support@www.tblox.com for more information.
17. Advertisements
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by TBlox on the Services are subject to change without specific notice to you.
17.3 In consideration for TBlox granting you access to and use of the Services, you agree that TBlox may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. TBlox may have no control over any web sites or resources which are provided by companies or persons other than TBlox.
18.2 You acknowledge and agree that TBlox is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. 18.3 You acknowledge and agree that TBlox is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 TBlox may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, TBlox will make a new copy of the Universal Terms available and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, TBlox will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and TBlox and govern your use of the Services (but excluding any services which TBlox may provide to you under a separate written agreement), and completely replace any prior agreements between you and TBlox in relation to the Services.
20.3 You agree that TBlox may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if TBlox does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TBlox has the benefit of under any applicable law), this will not be taken to be a formal waiver of TBlox’s rights and that those rights or remedies will still be available to TBlox.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which TBlox is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with TBlox under the Terms, shall be governed by Dutch law. You and TBlox agree to submit to the exclusive jurisdiction of the courts of the Netherlands to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TBlox shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
TBlox – Last modified: September 2014
This website (the “Website”) is operated by TBlox on behalf of ourselves, our group companies, international partnerships and affiliated organizations (“TBLOX“, “we“, “our” or “us“).
Your privacy
We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. This Privacy Notice explains who we are, how we collect, share and use personal information about you, and how you can exercise your privacy rights.
This applies to personal information that we collect through the Website or when engaging in our relationship or potential relationship with you (or your organization) as a supplier, client or business partner.
Our services
There are many different ways you can use our services – to activate and use business application, exchange digital content. When you share information with us, we can make those services even better, to help you connect with business relations or to make sharing information with others quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.
Our Privacy Policy explains:
Use of the TBlox products and services is solely allowed by businesses with a valid company registration number and, if applicable, valid Tax number.
We will process personal data that is stored within TBlox in accordance with our standard data processing agreement. A signed copy of this agreement is provided on our website. If you are a data controller you can download and cosign this document to meet your statutory personal data protection obligations. When you do so please send us a .pdf copy of the fully signed agreement.
Information we collect
We collect information to provide better services to all of our users – from figuring out basic stuff like which language you select, to more complex things like which apps you’ll find most useful.
We collect information in the following ways:
How we use information we collect
We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect TBlox and our users.
We may use the name you provide for your TBlox Profile across all of the services we offer that require a TBlox Account. If you have a TBlox Account, we may display your Profile name, and actions you take on TBlox or on third-party applications connected to your TBlox Account.
When you contact TBlox, we keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.
We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer.
We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.
TBlox can processes personal information on our servers in different countries around the world. We may process your personal information on a server located outside the country where you live. We run your data explicitly only in Europe or US or Asia, without synchronizations between these locations (unless requested by client). We inform you where your data is located and will not change the location without approval.
Accessing and updating your personal information
Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).
Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Information we share
We do not share personal information with companies, organizations and individuals outside of TBlox unless one of the following circumstances applies:
Information security
We work hard to protect TBlox and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
When this Privacy Policy applies
Our Privacy Policy applies to all of the services offered by TBlox and its affiliates but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.
Compliance and cooperation with regulatory authorities
We regularly review our compliance with our Privacy Policy. We also adhere to several self regulatory frameworks, including the EU-US Privacy Shield Framework. When we receive formal written complaints, we will contact the person who made the complaint to follow up.
Changes
Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page (http://www.TBlox.com/user-terms) and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.
Data Processing Agreement
TBlox Data Processing Agreement
Version May 2018
As per our Privacy Policy of the TBlox Terms & Conditions we agreed with you that we shall provide you with a standard data processing agreement which shall govern how we process personal data on your behalf. Below you shall find this agreement. It is entered into by TBlox B.V. , Hofplein 20, 3032AC, Rotterdam (“we”, “us” or “our” and the legal entity or business which is identified below (“you”). You can accept it by (i) downloading a signed .pdf copy from http://www.TBlox.com (our “website”) and (ii) returning a fully signed electronic copy by e-mail to us (support@TBlox.com).
In the event of a Force Majeure situation (as defined hereinafter) the party being delayed shall inform the other party as soon as possible but in any event within three (3) days after the commencement of such Force Majeure situation specifying the nature of the Force Majeure situation as well as the estimated duration thereof. In the event the Force Majeure situation continues for a period of more than thirty (30) days, then either party is entitled to terminate this agreement together with the Terms & Conditions for the agreement for TBlox by simple notice in writing and without either party being liable for damages towards the other party. If the affected party does not wish to terminate this agreement in accordance with the above, the respective parties’ rights and obligations shall be suspended and a new time schedule shall be agreed upon between the parties.
“Force Majeure” shall be understood to mean and include damage or delay caused by unavailability of telecommunications connections and underlying infrastructure, acts or regulations or decrees of any government (de facto or de jure) natural phenomena such as earthquakes and floods, fires, riots, wars, freight embargoes, lockouts or other causes whether similar or dissimilar to those enumerated above unforeseeable and beyond the reasonable control of the pertaining parties and which prevent the total or partial carrying out of any obligation pursuant to this Agreement.
Annex 1 shall be deemed to form, be read and construed as an integral part of this agreement. If any conflict appears between the terms and conditions of the body of this agreement and any of the above documents, the terms and conditions contained in the body of this agreement shall prevail.
As signed in duplicate on the dates identified below:
Data Processor
By: TBlox
Name: Vilayat William
Position: CEO
Date: May 24, 2018
Appendix 1 Technical and Organizational Measures
Pursuant to article 3.A.4. of this agreement, we shall:
If you have any questions about this Security Policy or any other inquiries, you can contact:
TBlox BV
Hofplein 20
3032AC Rotterdam
The Netherlands
+31 887 999 999
support@www.tblox.com