Terms of use

Limited License

Subject to these Terms, we Out of the Box Software grant you a worldwide, limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable right and license, until the termination or expiration of these Terms, to download and install ESPRESSO (the App) on a computer or mobile device owned or controlled by you, and use the services on this site (Service) through the App in accordance with these Terms. By downloading the App or using the Services you acknowledge your agreement to these Terms, which are legally binding and enforceable.

Registration

Use of the App or the Service requires registration and creation of a user ID (Account). In certain circumstances, we may temporarily or permanently limit, suspend, or terminate your Account and remove materials or Content provided to you or by you through your Account.

Your Content

You may only use the App and the Service to post, send, receive or communicate (to exchange) information, media or other data as supported by the Service (Content) only to the extent that your Content is lawful and does not infringe on the legal rights of others. By exchanging Content using the Service, you give us certain rights to it. We may remove or block any Content you have created without notice or permission. Before exchanging Content, you must obtain the permission of all those who hold the necessary rights to the Content if you are not the sole legal owner of those rights.

Restrictions

Use of the App and Service is limited to these Terms, as may be amended from time to time. Your use of the App and Service is not permitted if it violates any applicable law or the legal rights of others or if it constitutes a breach of these Terms or any other policy of Out of the Box Software. You may not use the App or Service to commit or enable a crime or legal offense, to intimidate, harass, maliciously expose, bully or otherwise cause harm, loss or injury to other members of the Service, a class of individuals, or any person. You shall also not use the App or Service to infringe third party intellectual property (including copyright, trademark or publicity rights). You assume the sole responsibility for any acts that cause any such infringement, harm, loss or injury to others as a result of your use of the App or Service or in violation of these Terms.

Privacy

Our Privacy Policy, which is incorporated to these Terms by reference, explains the privacy practices on the Service.

Intellectual property

All rights, title and interest in and to the Service, including patents, copyrights and other intellectual property rights and goodwill associated therewith, are owned by Out of the Box Software, or its licensors. Use of the Service is strictly limited to the individuals covered by and agreeing to the present Terms. No other license or rights to any intellectual property (including patent, copyright, trademark or trade secret) of Out of the Box Software, ESPRESSO or any other entity is offered or granted to you or any third party hereunder.

Takedown of Content

You represent that you own the rights and/or have the right to use and post Content using the Service. You agree to remove Content that allegedly infringes third party rights such as copyright, privacy or publicity. You further agree to be fully liable to third parties with regard to posting or use of proprietary or copyrighted Content that you have posted or used without appropriate permission or license, to indemnify us for claims of the same, and to promptly cure any infringement or allegation of infringement by a third party.

Changes in the Service

We may change the layout, scope and features of the Service, discontinue or terminate the operation of the Service, in whole, or in part, for all users, or for certain users, all without giving any prior notice. If we decide to distribute releases of updates or upgrades, you give us permission to remotely send and automatically install on your mobile device, code or settings changes in the App.

Changes to the Terms

We may change the Terms by providing you advance notice and seeking your consent to the changes. Your continued use of the Service after the effective date of the amended Terms constitutes your consent. If you do not agree to the amended Terms, we may terminate these Terms and your Account on the Service.

Application Marketplace

If you downloaded the App from a third-party application marketplace or platform (such as Apple's App Store, Google Play or Facebook), other third party terms and restrictions may apply.

Limitation of Liability and Indemnification

The App and the Service are offered AS IS WITH NO ACTUAL OR IMPLIED WARRANTY. Out of the Box Software and ESPRESSO do not accept any liability for acts or omissions with respect to or arising out of your use of the Service. You agree to use the Service without any guarantee of suitability for commercial or other purposes and no warranty. We reserve the right to terminate your use of the Service without recourse for any reason. You also accept full responsibility for any liability arising from your use of the Service and agree to indemnify us in full for any consequences arising from your use of the Service, whether or not intentional, and including any liability brought by or alleged by any third party in connection with or arising from your use of the Service. We do not endorse, support, or verify the claims of third party advertising or information provided in conjunction with the Services. It is your responsibility to adhere to any and all applicable laws and to respect the rights of others in connection with your use of the Service. Failure to do so may result in termination of your right to use the Service and other civil or criminal liability on your part.

Venue and Jurisdiction

These Terms shall be governed by the laws of the State of New York, USA. All disputes and claims arising therefrom shall be adjudicated under New York law and in a court residing in the Southern District of New York, NY.

Trademarks

ESPRESSO TM is a trademark of Out of the Box Software. No additional license or rights in the mark is conveyed or implied by virtue of access to the Service. Any commercial exploitation or distribution of the Service other than as permitted by these Terms is strictly prohibited without Out of the Box Software explicit prior written consent.

Contact Us

You may contact us with any questions that you may have with respect to the App or Service, at: espresso.me or at info@espresso.me.

Copyright Notice

The ESPRESSO TM programs, data, content and documents (Software) obtained from Out of the Box Software are proprietary. All copyrights and trademarks contained therein are the property of Out of the Box Software.

Last updated: 2016/07.