Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and Default Alive LLC, a California limited liability company doing business as BoxHaven ("BoxHaven," "we," "us," or "our"). They govern your access to the hosted BoxHaven websites, console, API, command-line service, remote machines, and related support (collectively, the "Service"). By creating an account, clicking to accept these Terms, or using the Service, you agree to these Terms and our Privacy Policy.

1. Eligibility and authority

You must be at least 18 years old and legally able to enter a contract. If you use the Service for an organization, you represent that you have authority to bind it, and "you" includes that organization. You may not use the Service if applicable law prohibits you from doing so.

2. Accounts and teams

You must provide accurate account information, protect your credentials, and promptly notify us of unauthorized access. You are responsible for activity under your account and for people you invite to a team. Team owners and administrators may manage team access, machines, content, and billing. Your relationship with other team members is your responsibility.

3. The Service

BoxHaven provisions and manages remote development machines and provides tools to connect, sync files, and run commands or third-party coding agents. We may change, limit, suspend, or discontinue any part of the Service at any time. We do not promise that any machine, region, provider, feature, preview URL, or integration will remain available.

We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during the term of your account in accordance with these Terms. These Terms apply to the hosted Service. Separate open-source license terms govern BoxHaven software that we publish as source code.

4. Your workloads and content

You retain ownership of code, files, prompts, credentials, session data, command output, images, and other material that you upload, sync, generate, or run through the Service ("Customer Content"). You grant us and our infrastructure providers a worldwide, non-exclusive license to host, copy, transmit, modify, and otherwise process Customer Content only as reasonably necessary to operate, secure, support, and improve the Service or comply with law.

You are solely responsible for Customer Content, your workloads, your backups, and the results of any command or agent. Remote machines are not a backup service. Destroying a machine may permanently and immediately delete its data. Public preview URLs may expose anything served by your machine to the internet. You must secure your services, secrets, repositories, dependencies, and agent permissions.

5. Acceptable use

You will not, and will not help anyone else to:

• violate law, another person's rights, or sanctions or export-control requirements;
• access accounts, systems, networks, or data without authorization;
• distribute malware, conduct denial-of-service attacks, mine cryptocurrency, send spam, or operate abusive automated traffic;
• interfere with the Service, evade limits or billing, probe security without written permission, or resell the Service without our consent;
• upload content you do not have the right to use, or use the Service to develop or deploy unlawful or harmful systems; or
• use the Service in a way that creates material risk to us, our providers, or other users.

We may investigate suspected violations, remove or disable content, suspend machines or accounts, and cooperate with providers or authorities. We are not obligated to monitor Customer Content.

6. Third-party services and agents

The Service depends on third-party infrastructure and may connect with GitHub, Stripe, coding agents, model providers, package registries, and other services. Your use of them is governed by their terms. We do not control or endorse third-party services and are not responsible for their availability, security, outputs, charges, or handling of Customer Content. You decide what credentials and authority to give third-party tools running on your machines.

7. Fees, usage, and taxes

Prices and included usage are shown at checkout or in the Service. Paid plans may include recurring subscription fees and usage-based charges measured by machine time or other usage. You authorize us and our payment processor to charge your payment method for all applicable fees and taxes. Usage records maintained by us are controlling absent manifest error.

Subscriptions continue until canceled. You may cancel through the billing portal; cancellation takes effect at the end of the current billing period unless stated otherwise. Except where law requires, fees are non-refundable and we do not provide credits for unused time, downtime, destroyed machines, or partial periods. We may change prices prospectively with notice required by law. You are responsible for taxes other than taxes on our net income.

8. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access immediately if you breach these Terms, fail to pay, create security or legal risk, cause provider complaints, or if we discontinue the Service. Upon termination, your right to use the Service ends and we may delete your machines and Customer Content without liability. Sections that by their nature should survive will survive, including Sections 4, 6, 7, and 9 through 15.

9. Ownership and feedback

We and our licensors own the Service, branding, hosted software, documentation, and all related intellectual property, excluding Customer Content and separately licensed open-source software. If you provide ideas or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation.

10. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE, MACHINES, AGENTS, OUTPUTS, OR CUSTOMER CONTENT WILL BE SECURE, ACCURATE, AVAILABLE, ERROR-FREE, OR PRESERVED. YOU USE THE SERVICE AND RELY ON AGENT OUTPUTS AT YOUR OWN RISK.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DEFAULT ALIVE LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, SECURITY INCIDENTS, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE FEES YOU PAID US FOR THE SERVICE DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow certain exclusions, so some of the above may not apply to you.

12. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Default Alive LLC and its members, managers, employees, affiliates, and providers from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your Customer Content, workloads, use or misuse of the Service, violation of these Terms or law, or infringement of another person's rights. We may control the defense and settlement of any covered claim, and you will cooperate with us.

13. Individual arbitration and class waiver

Before filing a claim, you and we will try in good faith to resolve it for 30 days after written notice. Except for claims eligible for small claims court and requests for injunctive relief concerning intellectual property, unauthorized access, or misuse of the Service, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its applicable streamlined rules. The Federal Arbitration Act governs this section. The arbitration will ordinarily be conducted remotely; otherwise, it will take place in San Francisco, California. The arbitrator may award relief only to the individual party and only as needed to resolve that party's claim.

YOU AND DEFAULT ALIVE LLC WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.

You may opt out of this arbitration agreement by emailing legal@boxhaven.dev within 30 days after you first accept these Terms. Your notice must include your name, account email, and a clear statement that you opt out. If this section is unenforceable as to a claim, that claim will be resolved exclusively in the state or federal courts in San Francisco County, California, and each party waives a jury trial to the extent permitted by law.

14. Changes to these Terms

We may update these Terms. We will post the updated version and change the effective date, and will provide additional notice when required by law. Material changes apply prospectively. If you continue using the Service after updated Terms take effect, you accept them. If you do not agree, you must stop using the Service.

15. General

California law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 13. These Terms and incorporated policies are the entire agreement about the Service and supersede prior discussions. You may not assign them without our consent; we may assign them in connection with a merger, financing, sale, or reorganization. Failure to enforce a term is not a waiver. If a term is unenforceable, it will be modified to the minimum extent necessary and the rest will remain effective. We are not liable for delay or failure caused by events beyond our reasonable control. There are no third-party beneficiaries.

16. Contact

Questions or legal notices may be sent to Default Alive LLC at legal@boxhaven.dev.