Effective: September 1, 2023
Thanks for using MyWhistleBox! These terms of service ("Terms") cover your use and access to our services, client software and websites ("Services"). This agreement is with LNMR, Inc. dba MyWhistleBox.com ("WhistleBox"). Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy.
When you use our Services, you provide us with things like your files, documents, photos, and so on ("Your Content"). Your Content is yours. These Terms don't give us any rights to Your Content except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Content, backing it up, and sharing it when you ask us to. To provide these and other features, WhistleBox accesses, stores, and scans Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download, or share content unless you have the right to do so.
WhistleBox may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We aren't responsible for the content people post and share via the Services.
Help us keep Your Content protected. Safeguard your password to the Services, and keep your account information current. Don't share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 (or older, depending on where you live).
Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
We sometimes release products and features that we're still testing and evaluating ("Beta Services"). Beta Services are labeled "alpha," "beta," "preview," "early access," or "evaluation" (or with words or phrases with similar meanings) and may not be as reliable as WhistleBox"s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.
Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title, or interest in the Services, others' content in the Services, WhistleBox trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Billing. You can add paid features to your account (turning your account into a "Paid Account"). We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you're on an annual plan, we will send you an email notice reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You're responsible for all applicable taxes, and we'll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn't override these laws.
No Refunds. You may cancel your WhistleBox Paid Account at any time with written notice. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Email address. If you sign up for a WhistleBox account with an email address provisioned by your Team organization, your organization may be able to block your use of WhistleBox until you transition your account to a personal email address.
Deleted Team Members. In the event a Team Administrator removes you as a member of that team, you will continue to have full access to your account and personal documents provided your email address is not associated with the Team account.
Joining a Team. If you join a WhistleBox Team, you must use it in compliance with your organization's terms and policies. Please note that WhistleBox Team access is subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your WhistleBox Team account. They may also be able to restrict or terminate your access to a WhistleBox Team account.
WhistleBox Consultants. A WhistleBox Consultant ("Consultant") will be assigned to your account within one (1) week of JumpStart purchase and will contact you to schedule a short kickoff meeting. The Consultant will be your primary contact and will be responsible for delivering the JumpStart program (“Deliverables”). Consultants may be employees or Independent Contractors and will be assigned to your account at the discretion of WhistleBox.
Parties Responsibilities. The Consultant will be responsible for Deliverables as well as initiating and scheduling of training and meetings (“Meetings”). Consultant will notify Meeting participants via email indicating a start time, duration and purpose of the meeting. It's the responsibility of all parties to be on-time or reschedule according to the Rescheduling procedure referenced below. In order to complete the deliverables on time, you understand that Consultant may request custom artifacts such as, but not limited to, images, logos and email text. You agree to comply with these requests in a reasonable time period.
Training. Product training ("Training") is intended to introduce trainee(s) to the delivered customized MyWhistleBox account features and common tasks. Any included package Training will be delivered by a trained WhistleBox Consultant via a virtual platform determined by the Consultant. Training is limited to one (1), 60 minute session or two (2) 30 minute sessions to take place at a mutually agreed upon time. Training materials and training plan will be determined by Consultant and remain the sole property of WhistleBox. Consultant will send a link via email to access the virtual platform prior to the session. Some virtual platforms may require download and installation of proprietary software to access the platform.
The training materials will be made available to the trainee(s) for a specified period of time, as determined by the Parties. The Parties also agree that any intellectual property rights related to the training materials, including but not limited to copyrights and trademarks, shall remain with the provider. The trainee(s) shall not copy, reproduce, distribute, or use any of the training materials for any purpose other than for personal educational use, without the express written consent of the provider. The provider shall make reasonable efforts to ensure the accuracy and quality of the training materials, but shall not be held liable for any errors or omissions in the training materials or for any damages arising from the use of the training materials.
Rescheduling. The parties understand that circumstances may arise that can cause conflict with a previously scheduled Meeting. It's also expected that Deliverables will be completed in a reasonable time frame and any delays could negatively impact the Deliverables. Should either party need to reschedule a Meeting, the rescheduling party agrees to provide 24 hour notice to the other party and propose a new time. Each party agrees to make good faith efforts to reschedule within one (1) week's time from the previous canceled Meeting.
Support. All product support requests must be made via the published WhistleBox support channels.
Expiration. Deliverables will not extend beyond the JumpStart plan expiration date.
By using a part of the Services that facilitates electronic signatures, you agree to do business electronically and to use electronic records and signatures. There may be laws where you reside governing what types of documents and transactions are appropriate for such signatures. It's your responsibility to ensure that the electronic signature functionality provided by the Services is appropriate for your scenario.
By providing your mobile phone number and requesting Text Notifications on our website, you agree to receive promotional and informational SMS messages from us. You acknowledge that your consent to receive SMS messages is not a condition of purchasing any product or service. Message and data rates may apply.
You can opt-out of receiving SMS messages from us at any time by removing your phone number and/or unchecking the Text Notifications checkbox from your user acccount settings. To opt-in to receive SMS messages from us, simply go to your account settings and update your preferences for Text Notifications
We reserve the right to modify or terminate our SMS messaging services at any time, for any reason, and without notice to you. We may also change the terms and conditions of our SMS messaging services, including message frequency, at any time without notice. We will provide you with any updates to these terms and conditions on our website.
By opting in to receive SMS messages from us, you represent that you are the owner or authorized user of the mobile phone number you provide, and you are at least 18 years old. If you are under 18 years old, you must obtain parental or guardian consent before opting in to receive SMS messages from us.
By opting in to receive SMS messages from us, you agree to indemnify, defend, and hold us harmless from and against any claims, damages, costs, or expenses arising out of or related to your use of our SMS messaging services, including any claims brought by third parties related to your receipt of SMS messages from us.
You're 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:
(a) you're in breach of these Terms,
(b) your use of the Services would cause a real risk of harm or loss to us or other users, or
(c) you don't have a Paid Account and haven't accessed our Services for 12 consecutive months.
We'll 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'll terminate or suspend your access to the Services.
We won't provide notice before termination where:
(a) you're in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
(c) we're prohibited from doing so by law.
We may decide to discontinue the Services in response to unforeseen circumstances beyond WhistleBox's control or to comply with a legal requirement. If we do so, we'll give you reasonable prior 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'll refund the portion of the fees you have pre-paid but haven't received Services for.
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, WHISTLEBOX AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR WHISTLEBOX'S OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, WHISTLEBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR:
i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT WHISTLEBOX OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, WHISTLEBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. WHISTLEBOX AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH WHISTLEBOX.
Let's Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against WhistleBox, you agree to try to resolve the dispute informally by contacting disputes@MyWhistleBox.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or WhistleBox may bring a formal proceeding.
Forum for Disputes. You and WhistleBox agree that the laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. You agree that any dispute between WhistleBox and you will be resolved in the Superior Courts of Ventura County, California, which shall have jurisdiction, providing that the court selected shall have jurisdiction of the subject matter of the action and of the Parties. You agree that the Superior Court of Ventura County, California will have personal jurisdiction over you, and you agree to submit to the personal jurisdiction of the Superior Court of Ventura County, California. In the case of any dispute, you will also be liable for the value of WhistleBox's administrative cost.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesnHt override those laws.
These Terms constitute the entire agreement between you and WhistleBox with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
WhistleBox's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. WhistleBox may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we'll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don't agree to the updates we make, please cancel your account before they become effective. Where applicable, we'll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.