Terms of Service

As of June 2024

Introduction

These Terms of Service (“Terms”) are a contract between you and CARDBOARDit, Inc. (referred to in these Terms as “CardBoard”, “us”, “we”, or “our”), the provider of the CardBoard website and the services accessible from the CardBoard website (which are collectively referred to in these Terms as the “Service”).

You are agreeing to be bound by these Terms. If you do not agree to these Terms, please do not use the CardBoard Service. In these Terms, “you” refers both to you as an individual and to the entity you represent, if any. If you violate any of these Terms, we reserve the right to cancel your account or block access to your account, subject to applicable law.

Definitions

1. “Service”: The term “Service” refers to the CardBoard website, along with any related services, features, functions, mobile applications, plugins, extensions, APIs, or integrations provided by CardBoard.

2. “User”: A “User” is any individual or entity that accesses or uses the Service in any manner, including but not limited to registered users, visitors, and account holders.

3. “Content”: “Content” encompasses all text, data, information, images, graphics, icons, logos, symbols, trademarks, photographs, videos, audio, and any other materials, including related intellectual property rights, that are provided to CardBoard by Users, derived from Users, or otherwise accessed or processed by CardBoard in the context of any business relationship with Users and/or as part of providing the Service.

4. “End User Data”: Personal data and Content that we process on behalf of an organization that uses CardBoard, where that organization (not CardBoard) determines the purposes of processing. With respect to End User Data, the organization is the controller and CardBoard is the processor.

5. “AI Assistant”: Any third-party artificial-intelligence agent, model, or application that you connect to the Service (for example, over our MCP endpoint or API) and authorize to access your boards.

Your account

Eligibility. A CardBoard account must be opened by a human, and you must be 13 years of age or older. Opening accounts by automated means (“bot” sign-ups) is not permitted. This does not prohibit authorized automated access to an existing account — see “Authorized automated access.”

Registration Information. You must provide a valid permanent email address, along with any other information required by CardBoard during the registration process. One person or legal entity may not maintain more than one free account. You are responsible for maintaining the accuracy of your account information.

Individual Login. Your login credentials, including your username and password, may only be used by one person. Sharing a single login among multiple individuals is not permitted. You have the option to create separate logins for as many individuals as necessary, each subject to these Terms of Service.

Password. You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our Privacy Policy. You agree to immediately notify CardBoard of any unauthorized use of your account or any other security breaches.

Authorized automated access (API and AI assistants)

You may access the Service programmatically through our API and may connect an AI Assistant to your account (for example, over our MCP endpoint). When you do, the AI Assistant acts under your credentials and scoped permissions and is treated as your authorized agent: you remain responsible for everything it does, and its actions are attributed to the member who authorized it. Authorized automated access of this kind is permitted and is distinct from the prohibited bot sign-ups described under “Eligibility.” Your use of any AI Assistant is also governed by that provider’s own terms; see “AI features.”

Restrictions

You may not use the CardBoard Service for any illegal or unauthorized purpose. You must not, in the use of the CardBoard Service, violate any laws in your jurisdiction, including among other things, by:

  • distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
  • interfering with or circumventing any security feature of the CardBoard Service or any feature that restricts or enforces limitations on use or access to the CardBoard Service;
  • infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright, trademark, or patent laws, or rights of privacy or publicity;
  • being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by CardBoard in its sole discretion; or
  • deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.

Please adhere to these user responsibilities to ensure the lawful and responsible use of our Service. Failure to comply with these responsibilities may result in the suspension or termination of your account and access to the Service.

API terms

You may access our Service via an Application Program Interface (API). Any use of the API, including use of the API through a third-party product or AI Assistant that accesses the services, is bound by these Terms of Service plus the following specific terms:

  1. You are responsible for keeping your API keys and credentials secure, and for all activity that occurs through them.
  2. You expressly understand and agree that CardBoard will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CardBoard has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
  3. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your access to the API. CardBoard, in its sole discretion, will determine abuse or excessive usage of the API.
  4. CardBoard reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with reasonable notice where practicable.

AI features

CardBoard is designed to work with AI Assistants that you choose to connect. You understand and agree that:

  • Bring your own LLM. When you connect an AI Assistant, the relevant board Content is sent to and processed by that third-party AI service under your direction and that provider’s own terms and privacy policy. You are responsible for your use of any AI Assistant and for compliance with its terms.
  • Your data. CardBoard does not use your Content to train AI or machine-learning models, and does not send your Content to LLM providers on its own initiative. If this changes, we will update these Terms and our Privacy Policy and provide notice as required.
  • Ownership of outputs. As between you and CardBoard, Content created in your account with the help of an AI Assistant is treated as your Content under “Intellectual Property” below.
  • No warranty on AI output. AI-generated suggestions may be inaccurate or incomplete and are provided “as is.” You are responsible for reviewing them before relying on them.

Payment, subscription, and automatic renewal

A valid credit card is required for paying accounts unless your company pays for Service annually as an Enterprise plan, in which case payment via check or ACH is acceptable. Free Trial accounts are not required to provide a credit card number.

Subscriptions are attached to a workspace (not to an individual person), and are billed in advance in accordance with our pricing schedule. Payments are processed by Stripe; we do not store your full card details. Paid subscriptions automatically renew at the end of each billing period (monthly or annual, as selected) at the then-current rate, until cancelled. By subscribing, you authorize us, through Stripe, to charge your payment method for each renewal term. You may cancel at any time as described under “Cancellation,” and cancellation stops future renewals. We will give notice of material price changes before they take effect. Except where required by law, fees are non-refundable and there are no refunds or credits for partial periods or for months unused with an open account.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes.

Violation of these Terms

We reserve the right to investigate and prosecute violations of any of these Terms to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms. You acknowledge that CardBoard has no obligation to prescreen or monitor your access to or use of the CardBoard Service or any content provided or made available through the CardBoard Service, but has the right to do so. You agree that CardBoard may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

Because billing is attached to a workspace, you manage your subscription — including updating your payment method, viewing invoices, and cancelling — yourself from the billing portal in your Workspace settings, which is powered by Stripe’s customer portal. This self-service cancellation is available online and is at least as easy to use as the method you used to subscribe. Workspace Owners, and Administrators with billing permission, can access it.

Any cancellation will result in the deactivation or deletion of the workspace’s account and the removal of its content. Cancelled accounts cannot be recovered or restored from CardBoard. We may for a time retain residual account information in our backup and/or archival copies of our database, and will make reasonable commercial efforts to delete your information in accordance with our Privacy Policy.

Cancelling stops future automatic renewals; access continues through the end of the current billing period unless you request immediate cancellation.

Termination

CardBoard reserves the right to terminate any free accounts that do not have any activity (logins) for sixty (60) days, or accounts without a payment method thirty (30) days after expiration.

CardBoard, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account. Except where required by law, no refunds will be issued for unused portions of the subscription term.

Intellectual Property

We claim no ownership rights over the content submitted or created exclusively by you in your CardBoard Service account, including Content created with the help of an AI Assistant. Any content that is yours remains yours. These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the CardBoard Service to you.

Similarly, any reporting data we collect from your use of the CardBoard Service remains yours. By using the CardBoard Service you agree that we can use this data to provide the CardBoard Service to you, and you agree that, as long as the data is aggregated and de-identified so that it does not identify you or your organization, we may use it to operate, improve, benchmark, and report on the Service.

The CardBoard Service and its contents are copyrighted under the United States copyright laws. CardBoard, and the CardBoard logos, are trademarks of CardBoard and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the CardBoard Service.

Feedback

If you provide us with suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation or compensation to you.

User responsibility for content

Compliance with Copyright Law. All content posted on the Service must comply with U.S. copyright law.

User Responsibility. You are solely responsible for all content posted and activities conducted under your account, even when such content is posted by others who have accounts under your account.

Exposure to User-Generated Content. Although we prohibit certain conduct on the Service, you understand and agree that CardBoard cannot be held responsible for the content posted on the Service. You acknowledge that you may be exposed to various materials and agree to use the Service at your own risk.

Copyright complaints (DMCA). If you believe content on the Service infringes your copyright, send a notice with the information required by the DMCA (17 U.S.C. § 512) to our designated agent, Josh Colter, at [email protected]. We will respond to valid notices, including by removing infringing material and terminating repeat infringers where appropriate.

Data protection

To the extent we process End User Data or other personal data on behalf of your organization, we do so as a processor in accordance with our Privacy Policy and, where applicable, a Data Processing Addendum (DPA). Our standard Data Processing Addendum governs that processing; for a signed copy, contact [email protected]. You are responsible for having a lawful basis for the personal data you put into the Service and for any required notices or consents from your end users.

Privacy

We collect, use, and disclose personal data in accordance with our Privacy Policy. By using our services, you agree to that Policy.

Indemnification

You agree to indemnify and hold CardBoard, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, charge, liability, damages, expenses, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the CardBoard Service, use of your account by any third party, your violation of these Terms, or any infringement by you or any third party using your account.

Disclaimers

The CardBoard Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. CardBoard makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service, or merchandise provided through or accessible via the CardBoard Service. No oral advice or written information given by CardBoard or any of its affiliates, employees, officers, directors, or agents will create a warranty. Without limiting the foregoing, CardBoard does not warrant that the CardBoard Service will be uninterrupted, uncorrupted, timely, or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, and you may have additional rights under your local law.

Limitation of liability

To the fullest extent permitted by law, CardBoard will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, arising out of the use of, or inability to use, the CardBoard Service, whether or not CardBoard is advised of the possibility of such damages. You acknowledge and agree that CardBoard’s maximum aggregate liability to you will not exceed the amount you have paid CardBoard in the ninety (90) days immediately preceding the date on which you first assert a claim. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you, and nothing in these Terms limits liability that cannot be limited under applicable law.

Export controls and sanctions

You represent that you are not located in, and will not use the Service in, any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You agree to comply with all applicable export-control and sanctions laws in your use of the Service.

Governing law and jurisdiction

These Terms and any controversy, claim or dispute arising under or related to them will be governed by the laws of the State of Indiana, USA, without regard to its conflicts-of-laws provisions, and you consent to the exclusive jurisdiction of the state and federal courts located in Indiana. Nothing in this section deprives a consumer of the protection of mandatory provisions of the law of their country of residence, and where such law applies, disputes may be brought in the consumer’s local courts.

Force majeure

CardBoard will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, internet or utility failures, or failures of third-party providers.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, financing, or sale of assets. These Terms bind and benefit the parties’ permitted successors and assigns.

Miscellaneous

  • If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.
  • CardBoard will be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you.
  • CardBoard operates and controls the CardBoard Service from its offices in the United States. Those who choose to access the CardBoard Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
  • These Terms of Service (which include and incorporate the CardBoard Privacy Policy and any applicable DPA) contain the entire understanding, and supersede all prior understandings, between you and CardBoard concerning their subject matter.
  • The failure of either you or CardBoard to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Modification of terms

We reserve the right to modify, amend, or revise these Terms at any time. We will provide notice of any material changes by posting a notice on our website or by sending you an email or other notification. Your continued use of the Service after such modifications take effect will signify your acceptance of the updated Terms. We recommend that you review these Terms periodically to stay informed of any changes.

Contact us

If you have any questions or concerns about these Terms, please contact us at [email protected] or 16080 Westfield Blvd., Carmel, IN 46033, USA.