RoxyBo Platform Terms of Use

By creating a website (hereinafter referred to as the "Application") and receiving services (as defined below), the recipient of the services ("User") agrees to the terms and conditions set forth below, as may be updated from time to time. If you do not agree to these terms and conditions, you are not authorized to register or use RoxyBo's services.

1. General Provisions

1.1. RoxyBo was registered in Georgia under number 324079493 on March 29, 2022, with its address at 0800, Georgia, Akhaltikinsky District, Abi (down the lake).

1.2. RoxyBo offers the User a platform for independently creating an Application ("Services").

1.3. The Application is available online as a website ("Site"), which may be accessed by the general public.

1.4. The Services may only be used by individuals over 18 years of age, legally competent to enter into agreements and contracts, and who have completed the registration form on the official Roxybo website.

1.5. The User hereby confirms that they are the owner and/or licensee of the systems and applications for which the Services are provided and have the right, as established by law and/or any agreement, to enter into an agreement with the Company.

1.6. The User represents and warrants that the information and content provided by them to the Company for the purpose of providing the Services, as well as the information and content uploaded to the Website of the Application they create, do not violate any laws and/or the rights of any third parties. The User is solely responsible for the correctness, completeness, accuracy, reliability, and authenticity of all such content appearing on their Website and related applications.

1.7. The User undertakes not to upload to the Website any content that infringes copyrights and/or trade secrets, and/or intellectual property rights of any kind, and/or offensive content, and/or any content prohibited by any law. The User hereby acknowledges that they are solely and fully responsible for the content displayed on the Website and in applications linked to the Website and its compliance with any law. The User releases the Company from the responsibility of verifying the content and its compliance with any law. The User undertakes to fully reimburse the Company for any claims and/or legal actions brought against it in connection with the content of the Website.

1.8. The User represents and agrees that they are solely responsible for any commercial activity they conduct in connection with the Services, including online commercial activity conducted through the Site and related applications, including various advertisements and marketing tools. The Company is not and will not be a party to any relationship and/or customer relationship between the User and/or their potential customers and/or users of the Site and/or related applications. The User is responsible for all expenses associated with such commercial activity and for paying any applicable taxes.

1.9. The services offered by Roxybo include offerings of third-party products or services, including courier services, payment systems, various sales tools, and so on ("Third-Party Services"), which are typically presented as components plugged into the Roxybo platform. The Company is not and will not be responsible for Third-Party Services, does not represent them, and makes no commitments on their behalf. Roxybo is not involved in the Client's relationships with Third-Party Service providers and is not responsible for their supervision or quality.

The User's interaction with a third party to obtain Third-Party Services is at the User's sole risk and responsibility (including their quality, availability, etc.). The support and provision of such services is the sole responsibility of the relevant third party and is subject to the third party's terms. The User acknowledges that they are aware that such Third-Party Services may involve payment to Roxybo and/or the third party. Roxybo reserves the right, at its sole discretion, to terminate support or provision of any Third-Party Services to the User without any liability to the User and/or the third party.

1.10. The User hereby acknowledges that Roxybo does not provide any advice of any kind, including legal advice, regarding any law or legislation applicable to the User, its Website and the applications included therein, its customers (including potential customers), Website visitors, and anything related to the Services. The User is solely and completely responsible for ensuring that the Website, the applications included therein, and the services provided by the User meet their needs and comply with applicable laws. The Company assumes no liability for the User's or their Website's failure to comply with any law. The User agrees to indemnify Roxybo, immediately upon first request, for any claims or demands made against Roxybo related to the User's Website and/or any of its applications failing to comply with any law.

1.11. Roxybo makes every effort to provide the Services properly and uninterrupted. However, due to the nature of telecommunications technology, the Website may experience interruptions, failures, and/or hacks due to causes beyond the Company's control. The User agrees not to make any claims or demands against the Company in relation to any such malfunction or interruption, including any damages resulting therefrom.

1.12. The User authorizes Roxybo to publish their company name and trademark for marketing purposes, including on the Roxybo Website and in presentations, unless otherwise expressly agreed upon in writing between the parties.

1.13. The User and third parties cooperating with the Company may use the Company logo, provided they do so in a manner that does not harm the image or reputation of the Company or its websites. Authorized versions of the logo are posted on the "About the Company" page. The Company may revoke permission to use the logo at any time and at its sole discretion. Upon receipt of such notice, the User or third party will immediately cease using the company logo.

1.14. The User guarantees compliance with these Terms by all employees and/or representatives of their company whose functions include the use of the Roxybo platform.

2. Payment

2.1. Services are provided in accordance with the rates published at https://roxybo.com/#pricing ("Rates"). The User undertakes to pay for the Services in accordance with the prices indicated therein, depending on the rate plan selected. The Company may update prices for the Services at any time at its sole discretion.

2.2. The rate plan fee is calculated monthly. Payment is made by topping up the internal balance. The User tops up the balance with any amount, and payment is debited monthly at the current rate.

3. Refund Policy

3.1. The User may request termination of Services and receive a refund in the amount of the unused balance in their Roxybo account. The User's balance is calculated and updated monthly. Refunds will be processed within 10 business days to the bank account specified in the request.

3.2. The Company's email address for refund requests is support@roxybo.com.

3.3. The domain name registration fee will be deducted from the User's refund if the domain name was registered by the Company for the User's benefit. In this case, the Company will provide the User with the necessary information to independently manage the domain name.

4. Right of Use

Subject to the provisions of this document and the User's registration in the Roxybo system, the Company grants, and the User receives, a non-exclusive and non-transferable right to use the Services solely for their commercial activities.

5. Restrictions on Use

The User will not permit or assist third parties, and will not do the following:

5.1. Restructure, disassemble, or attempt to discover the source code, ideas, structure, or algorithms underlying the Roxybo platform, including its websites and components (the "Software").

5.2. Transfer, lease, lend, host, distribute, transfer, or authorize others to transfer or use the Software for the benefit of any third party.

5.3. Modify, improve, or create derivative works of the Software. Furthermore, and without derogating from the foregoing, the User agrees that any correction, modification, or alteration to the Software made by them (even in violation of the license terms) will become the exclusive property of the Company and will be subject to the provisions of these Terms of Use. The User hereby irrevocably assigns to the Company all such modifications, changes, and corrections immediately after their creation.

6. Copyright and Intellectual Property

6.1. All rights to all Roxybo products and/or any intellectual property associated with the Software will remain the exclusive property of Roxybo.

6.2. The User agrees that a notice may be placed at the bottom of the Application stating that the Site is operated by Roxybo, including a hyperlink to the Company's website.

6.3. The User will retain and will not remove, alter, or obscure any proprietary notices (including the copyright notice) appearing on the Site or any content related to the provision of the Services.

6.4. The User undertakes and represents that they own full copyright and other proprietary rights to the content they upload to the Website and that their publication of the content does not violate any rights of third parties, including those under the Copyright Act and/or any other law of any country.

6.5. The User grants Roxybo the right to use the information entered and/or uploaded by the User.

7. Term of Agreement

7.1. The relationship between the User and the Company, as set forth in these Terms of Use (hereinafter referred to as the "Agreement"), commences on the date of the User's registration on the Company's website and will continue until the User's account is terminated by the User or the Company.

7.2. The provision of the Services, their components, and the Terms of Use may be modified or even terminated, temporarily or permanently, at any time at the Company's sole discretion and for any reason, without breach of the Agreement and/or entitlement to any compensation by the User. If the Company decides to terminate the Services, the User will receive 14 days' notice to the email address provided during registration.

7.3. In the following cases, the Company has the right to suspend or immediately terminate the provision of Services, and the User will have no claims in this regard:

A. In the event of non-payment or partial payment for Services in accordance with the Tariffs and/or any violation by the User of the Terms of Use that is not corrected within 7 days from the date of notification of such violation by the Company;

B. If the Company believes that the Services have been used illegally and/or abused, and/or their use has caused damage to other Users, third parties, or the Company;

C. In the event of restoration work, technical maintenance, preventive maintenance, etc.

D. If the violation committed by the User is irreparable or if the User violates the provisions of the Terms of Use regarding copyright or intellectual property;

D. If the User's company has been declared bankrupt, or the User has filed a request for liquidation of their company, transferred ownership of it, or transferred it for the benefit of creditors, or if the relevant authorized body has issued a decision to take such actions, and such request is not revoked within 30 days.

7.4. Upon termination of the right to use the Services for any reason, the User shall immediately cease using them.

7.5. Upon termination of the Services, the Company reserves the right, at its sole discretion, to delete the User's Website and permanently delete all content uploaded by the User.

7.6. Upon termination of the right to use the Services, the Company may, at the User's request, provide them with a one-time opportunity to create a backup copy of the User's data stored on the Company's servers.

7.7. Sections 5, 6, 8, 9, and 10, and the provisions thereof, set forth in these Terms of Use, shall remain in effect even after the termination of the Agreement between the parties.

8. Limitation of Liability

8.1. The User acknowledges that they hold Roxybo harmless and that the Company will not be liable for any direct or indirect damages suffered by the User, including loss of income or profit, lost business opportunity, loss of reputation, business disruption, loss or theft of data or business information, or costs of obtaining goods or services, arising from any cause, including use of the Services, use of the User's Website, failure to meet the User's expectations regarding performance or availability, or any other reason, even if the Company was aware of the possibility of such situations. The User waives any claims or demands against the Company or its representatives for damages incurred for the above reasons.

8.2. Without limiting the foregoing, the Company's total liability to the User for any circumstances arising in connection with the provision of the Services, including breach of contract, tort, negligence, force majeure, breach of liability, or any other cause related to the Agreement or the Services, will not exceed the average monthly amount actually paid to Roxybo by the User under the Agreement during the last three months prior to the date of the claim or damage. If the User has not made payments to the Company within 30 days prior to the occurrence of the aforementioned event, the Company shall have no liability to the User.

8.3. In the event that applicable law does not permit the limitation of one or more of the areas of liability mentioned above, Roxybo's liability will be limited to the maximum extent permitted by such law.

9. Indemnification

The User undertakes to indemnify the Company, its employees, owners, and/or persons acting on its behalf, immediately upon their first written demand, for any damages, costs, losses, and expenses (including reasonable legal fees) incurred in connection with the User's actions and/or in connection with any third-party claims against the Company arising from the User's actions.

10. Miscellaneous

10.1. The relationship between the Company and the User is that of an independent contractor and client.

10.2. These Terms of Use are governed by the provisions of Georgian law, and any disputes related thereto are subject to the jurisdiction of the Tbilisi court.

10.3. Any provision of these Terms of Use that is deemed invalid or unenforceable shall not invalidate the remaining provisions.

10.4. In the event of a conflict between the provisions of these Terms of Use and any other documents or publications, these provisions shall prevail.

10.5. The User may not transfer or assign their rights and/or obligations under or in connection with this Agreement.

10.6. The Company may transfer or assign their rights and/or obligations under or in connection with this Agreement.

10.7. This Agreement supersedes all prior agreements, understandings, and/or commitments, oral or written, express or implied, in all matters relating to the relationship between the parties.

10.8. Roxybo reserves the right to update, replace, and change the nature of the Services at its sole discretion. Furthermore, the Company may change the Terms of Use from time to time. In the event of such a change, the Company will publish the updated Terms of Use on its official website, which will be considered effective upon publication.

10.9. The Company's rights under the Terms of Use will not be impaired by any delay or lapse in responding to the User, and the Company's failure to respond will not be considered a waiver of rights.

10.10. Addresses of the Parties: The User's email address specified during registration on the Company's website. The Company's address: support@roxybo.com. Any email sent to the specified email addresses by either party will be deemed delivered within seven business days of sending.