Checbox (NaviFacet) Terms & Conditions
1. Introduction
Checbox is a software platform operated in the United States by Navifacet LLC, a limited liability company organized under the laws of the State of Maryland (hereinafter “Checbox,” “we,” “us,” or “our”), and an affiliate of Monico Technologies Ltd.
By accessing or using the Checbox platform, you (“User” or “Customer”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, please refrain from using the platform.
You must be at least 18 years of age and legally authorized under applicable federal and state law to enter into binding agreements in order to access or use the Service.
2. Accounts and Access
2.1 You may register for an account directly or may be invited by an organization administrator.
2.2 You are solely responsible for maintaining the confidentiality of your login credentials. All activity conducted under your account is your responsibility.
2.3 We reserve the right to suspend or terminate your access for violations of these Terms, fraudulent activity, or any use that violates applicable U.S. federal or state law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030).
3. License and Permitted Use
3.1 Subject to your compliance with these Terms and your applicable paid subscription plan, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Checbox platform solely for your internal business operations.
3.2 You must not, directly or indirectly:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the platform;
- Redistribute, resell, sublicense, or otherwise transfer access to the platform to any third party without our prior written consent;
- Circumvent, disable, or otherwise interfere with security-related features of the platform;
- Use the platform in any manner that violates applicable U.S. federal or state laws, regulations, or ordinances.
3.3 Your use of the platform must comply with all applicable U.S. laws, including without limitation the Electronic Communications Privacy Act (ECPA), the Digital Millennium Copyright Act (DMCA), and applicable state consumer protection statutes.
4. User Data and Privacy
4.1 You retain full ownership of all data, content, and information (“Customer Data”) that you upload, submit, or otherwise transmit to the Checbox platform.
4.2 By using the platform, you grant Navifacet LLC a limited, non-exclusive, worldwide license solely to store, process, and transmit your Customer Data to the extent necessary to provide the platform’s services and functionality.
4.3 We implement commercially reasonable technical and organizational security measures to protect your Customer Data. However, no system is completely immune to risk, and we cannot guarantee absolute security.
4.4 Our collection and use of personal information is governed by our Privacy Policy, which is incorporated herein by reference and is available at checbox.com/privacy-policy. By using the platform, you acknowledge and agree to the terms of the Privacy Policy.
4.5 To the extent applicable, our practices comply with the California Consumer Privacy Act (CCPA/CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), and other applicable U.S. state and federal privacy laws.
5. Subscription and Billing
5.1 Subscription fees are billed in accordance with your selected plan on a recurring basis and will continue until cancelled in accordance with these Terms.
5.2 All fees are exclusive of applicable U.S. federal, state, and local taxes, including sales and use taxes, which shall be your responsibility where applicable.
5.3 Except as required by applicable law, subscription fees are non-refundable, including for partially used billing periods. Where required by law (including applicable consumer protection statutes), refunds will be issued accordingly.
5.4 Any unpaid amounts will accrue interest at the maximum rate permitted under applicable state usury laws, or at 1.5% per month, whichever is lower.
6. Intellectual Property
6.1 All intellectual property rights in and to the Checbox platform, including but not limited to trademarks, service marks, trade names, source code, user interface designs, and documentation, are and shall remain the exclusive property of Navifacet LLC and/or its affiliates.
6.2 Nothing in these Terms transfers any intellectual property rights to you. You may not use our trademarks, logos, or branding materials without our prior written consent.
6.3 Any feedback, suggestions, or improvements you provide regarding the platform may be used by us without restriction or compensation to you.
7. Termination and Suspension
7.1 You may cancel your subscription by providing at least thirty (30) days’ prior written notice to us.
7.2 We may suspend or terminate your access to the platform immediately and without prior notice in the event of: (a) a material breach of these Terms; (b) illegal or fraudulent activity; (c) non-payment of applicable fees; or (d) any use that poses a risk to the platform or other users.
7.3 Upon termination, your right to access and use the platform shall immediately cease. We will retain your Customer Data for thirty (30) days following termination, after which it will be permanently deleted, unless retrieval is requested within that period or longer retention is required by applicable law.
8. Warranties and Disclaimers
8.1 THE CHECBOX PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE U.S. LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8.2 WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
9. Limitation of Liability
9.1 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE U.S. LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
9.2 IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 Nothing in these Terms shall limit or exclude liability to the extent such limitation or exclusion is prohibited by applicable U.S. law, including liability for fraud, gross negligence, or willful misconduct, or liability that cannot be excluded under applicable consumer protection laws.
10. Indemnification
You agree to defend, indemnify, and hold harmless Navifacet LLC, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your violation of these Terms;
- Your misuse of the Checbox platform;
- Your violation of any applicable U.S. federal or state law, regulation, or rule;
- Your infringement of any intellectual property or other rights of any third party.
11. Dispute Resolution and Binding Arbitration
11.1 Informal Resolution. Before filing any formal legal claim, you agree to first contact us at support@checbox.com and attempt to resolve the dispute informally. Both parties shall negotiate in good faith for a period of thirty (30) days.
11.2 Binding Arbitration. If informal resolution is unsuccessful, any and all disputes, claims, or controversies arising out of or relating to these Terms or your use of the platform (except as provided in Section 11.4) shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Maryland, USA, or via remote hearing. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
11.3 CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11.4 Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, USA, without regard to its conflict of law principles. Subject to the arbitration provisions above, each party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in Montgomery County, Maryland, USA for the resolution of any disputes not subject to arbitration.
13. Third-Party Integrations and API
13.1 Checbox supports integrations with third-party services (e.g., ERP systems, accounting software such as QuickBooks, CRM platforms, GPS devices). You are solely responsible for ensuring your use of third-party services complies with their respective terms of service and applicable law.
13.2 By enabling API integrations, you authorize the applicable data exchange between Checbox and the designated third-party service.
13.3 We are not responsible for the availability, accuracy, or security of third-party services and disclaim all liability arising from your use of such integrations.
14. Service Levels and Support
14.1 We will use commercially reasonable efforts to maintain platform availability and provide support via email, chat, or phone as described in our Support Documentation.
14.2 We reserve the right to install platform updates automatically and without prior notice, provided that we will endeavor to minimize disruption to your use of the service.
15. Electronic Communications and E-Sign Compliance
By using the Checbox platform, you consent to receive electronic communications from us in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state electronic transaction laws. You agree that all notices, disclosures, agreements, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. Changes to Terms
16.1 We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and, where practicable, by email or in-platform notification.
16.2 Your continued use of the platform after the effective date of any updated Terms constitutes your acceptance of the changes.
16.3 If you do not agree to the updated Terms, you may cancel your subscription before the changes take effect.
17. Miscellaneous
17.1 Entire Agreement. These Terms, together with any accepted Order Form and our Privacy Policy, constitute the entire agreement between you and Navifacet LLC with respect to the Checbox platform and supersede all prior agreements, representations, and understandings.
17.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
17.3 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations at any time, including in connection with a merger, acquisition, or sale of assets.
17.4 No Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce such provision in the future.
17.5 Force Majeure. We shall not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, government action, labor disputes, or infrastructure failures.
17.6 Export Compliance. You agree to comply with all applicable U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and OFAC sanctions programs, in connection with your use of the platform.
18. Contact Us
For any questions, concerns, or legal notices regarding these Terms, please contact us:
Checbox
13929 Mustang Hill Ln, North Potomac, MD 20878, United States
Phone: +1 (512) 775-5973
Email: support@checbox.com