Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the Boxpress platform, websites, APIs, and related services (collectively, the "Service") operated by Boxpress LLC, a Delaware limited liability company ("Boxpress," "we," "us"). By creating an account, starting a free trial, or accessing the Service, you (the "Customer") agree to these Terms on behalf of yourself and the legal entity you represent. If you are signing on behalf of a company, you represent that you have authority to bind that company.

Plain English: this is the contract. If you start a trial or pay an invoice, you are bound by it.

1. The Service

Boxpress is a software-as-a-service operating system built for cigar industry businesses. A subscription includes a dedicated runtime, a dedicated Postgres database, the storefront, point-of-sale, wholesale portal, drops and allocation engine, sales rep app, events engine, PDF studio, lounge locator, inventory management, customer database, PACT Act and OTP compliance modules, age-verification orchestration, Proof Points marketing automation, and bilingual (EN + ES) localization. Specific feature availability per tier is published at boxpress.io/pricing and incorporated by reference.

We will continue to add, remove, and adjust features as the platform evolves. We will not remove a feature that materially degrades the Service without 30 days notice and a path forward for affected customers.

2. Subscription, Trial, and Billing

2.1 Free trial

New customers may try the Service free for 14 days. No credit card is required to start a trial. We will not charge you when the trial ends unless you have explicitly entered payment information and confirmed conversion to a paid plan. If you do nothing, the trial expires and your install is paused for 30 days, then deleted.

2.2 Subscription fees

Paid subscriptions are billed in advance, monthly, by automatic charge to the payment method on file. The base fee is $497 per month per install for the standard tier; tier-specific pricing is published at boxpress.io/pricing. Annual prepay is available at a 10% discount and is non-refundable except as required by law. Fees are net-immediate (due on issuance of the invoice). We use Stripe to process Boxpress subscription billing; your relationship with Stripe is governed by their terms.

Plain English: $497 a month, paid on the 1st (or whatever day you signed up). Annual gets you 10% off and you pay it up front.

2.3 Auto-renewal and cancellation

Subscriptions auto-renew at the end of each billing period. You can cancel auto-renewal at any time from the admin UI or by emailing [email protected]. Cancellation takes effect at the end of the current billing period. We do not pro-rate refunds for partial months. We do not charge an early-termination fee. We do not lock you into multi-year contracts.

2.4 Failed payments

If a payment fails, we will retry the charge over a 14-day window and email you about the failure. After 14 days of unresolved non-payment, the install is paused (read-only access, no new orders). After 30 days, we may terminate the subscription. We will not delete your data without giving you a final 30-day window to reactivate or export it.

2.5 Price changes

We may change subscription prices for new customers at any time. For existing customers, we will give at least 60 days notice via email before any price increase takes effect at your next renewal. You may cancel during the notice period without penalty.

3. Acceptable Use

You may use the Service only for lawful purposes. You must comply with all applicable federal, state, and local laws governing your business, including but not limited to:

• The Prevent All Cigarette Trafficking Act (PACT Act) for tobacco shipments.
• State-level Other Tobacco Products (OTP) excise tax registration and filing.
• Federal Tobacco Tax and Trade Bureau (TTB) permits for manufacturers and importers.
• State tobacco licenses, business licenses, and sales tax registrations in the jurisdictions where you sell.
• Age verification (minimum 21+ in the United States for tobacco products) at the point of sale.
• Carrier-specific rules (USPS, UPS, FedEx) for shipping tobacco, including adult signature requirements.
• Anti-spam laws (CAN-SPAM, TCPA, CASL) for any marketing you send through the platform.

Boxpress provides tools to help you comply with these obligations. Boxpress is not your lawyer, accountant, or compliance officer. You are responsible for your own filings, permits, registrations, and legal positioning. If you sell into a jurisdiction where you are not licensed, that is your problem, not ours, and we may suspend the Service if we receive credible reports of illegal activity from that install.

You may not, and may not permit any user of your install to:

• Use the Service to sell products to minors or in jurisdictions where the products are illegal.
• Reverse engineer, decompile, scrape, or otherwise attempt to extract the source code of the Service.
• Use the Service to send unsolicited bulk communications outside the consent and unsubscribe controls we provide.
• Probe, scan, or test the vulnerability of any Boxpress system without prior written authorization (responsible disclosure to [email protected] is welcomed).
• Use the Service in a way that interferes with other customers installs or the platform's availability.
• Resell, white-label, or sublicense the Service without a written partner agreement.

4. Intellectual Property

4.1 Boxpress owns the platform

Boxpress, the Boxpress brand, the platform source code, the database schemas, the workflows, the documentation, and every component of the Service are and remain the exclusive property of Boxpress LLC. We grant you a non-exclusive, non-transferable, revocable license to use the Service during your active subscription. We do not transfer ownership of any intellectual property to you.

4.2 You own your data

You retain all rights to the data you create or upload to your install: customer records, product catalog, orders, content, brand assets, sales rep activity, wholesale relationships, and so on ("Customer Data"). You grant Boxpress a limited license to store, process, transmit, and display Customer Data only as necessary to deliver the Service to you and only for the duration of the subscription (plus the post-cancellation retention windows described in our Privacy Policy and Section 8 below).

Plain English: we own the platform, you own your data. Our license to your data is exactly as wide as needed to run your install and no wider.

4.3 Feedback

If you send us product suggestions, feature requests, or bug reports, we may use them without restriction or compensation. You retain any rights to the underlying ideas; we just want the freedom to act on good feedback without negotiating a license every time.

5. Customer Data Export and Portability

You can export your full Customer Data at any time, in industry standard formats:

• CSV exports of customers, orders, products, and related entities through the admin UI.
• Full Postgres database dump on request (typically delivered within 72 hours of request, encrypted and time-limited download link).
• R2 bucket export of uploaded media and PDFs.

We will not charge an export fee. We will not condition export on settling an outstanding invoice (we will pursue unpaid invoices separately, but we will not hold your data hostage). If you migrate off Boxpress, we will help you with the export and answer reasonable schema questions. We mean this.

6. Termination

6.1 Termination by Customer

You may terminate your subscription at any time, for any reason, with no fees, by canceling in the admin UI or emailing [email protected]. Termination is effective at the end of the current billing period.

6.2 Termination by Boxpress (the deplatforming clause)

Boxpress was founded after Shopify and Square deplatformed the founder's cigar company without warning or conversation. We take this section seriously and we will hold ourselves to it.

We will not terminate or suspend your install without first contacting you, explaining the issue in writing, and giving you a reasonable opportunity to respond and cure. "Reasonable" depends on the issue, but it will never be less than 14 days for anything other than a true emergency. The only exceptions to the notice-and-conversation requirement are:

• A valid court order or subpoena that requires immediate action.
• A confirmed criminal investigation by a federal or state law enforcement agency targeting the install.
• A live, documented security threat originating from the install (an active attack, exfiltration, or compromise) that endangers other customers or the platform.
• Non-payment past 30 days after our final notice (see Section 2.4).

Outside those exceptions, we call you, we explain, we listen, and we give you a chance to fix the issue or wind down on your own terms. If we ultimately do terminate, we provide a 30-day final export window before deletion.

Plain English: this clause is enforceable. If we terminate without cause and without conversation, you have a contractual claim against us. The deplatforming promise is not marketing, it is contract.

6.3 Effect of termination

On termination by either party, your access to the Service ends at the conclusion of the final billing period (or the agreed wind-down window). We retain your data for 30 days post-termination so you can export, and then we delete it, except where law requires longer retention (tax records, PACT Act records, etc.). We do not refund fees for the unused portion of a paid month.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOXPRESS'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE TOTAL AMOUNT THE CUSTOMER PAID TO BOXPRESS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. BOXPRESS IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA, EVEN IF BOXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Plain English: if something goes wrong, the most you can recover from us is the last 12 months of fees you paid. This is standard SaaS language. If you need a higher cap, talk to us about an enterprise tier.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." BOXPRESS DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE TARGET 99.9% MONTHLY UPTIME BUT DO NOT YET OFFER A FORMAL SLA WITH CREDITS. ENTERPRISE SLA TERMS ARE AVAILABLE ON REQUEST FOR CUSTOMERS WHO NEED THEM.

8. Indemnification

8.1 Customer indemnifies Boxpress

You will defend, indemnify, and hold Boxpress harmless from any third-party claim arising out of: (a) your use of the Service in violation of these Terms or applicable law; (b) the products you sell through the Service, including product liability claims, regulatory fines, and tax claims; (c) your Customer Data and any content you publish; (d) your relationship with your customers, vendors, and sales reps. You are the merchant of record for the cigars you sell; we are the operating system you sell them through.

8.2 Boxpress indemnifies Customer (IP carve-out)

Boxpress will defend, indemnify, and hold Customer harmless from any third-party claim that the Boxpress platform, as provided by us and used in accordance with these Terms, infringes a valid US patent, copyright, or trademark. Our obligation does not extend to infringement caused by your modifications, your combinations with other software not provided by us, or your continued use after we have notified you of an alleged infringement and offered a non-infringing alternative.

8.3 Indemnification process

The party seeking indemnification must promptly notify the other in writing, give the indemnifying party sole control of the defense and settlement, and provide reasonable cooperation. The indemnifying party will not settle a claim that imposes liability or admission on the other party without consent.

9. Confidentiality

Each party may receive non-public information from the other ("Confidential Information"), including business plans, pricing, customer lists, technical details, and security practices. Confidential Information must be used only to perform under these Terms, must be protected with at least the same care the receiving party uses for its own similar information (and never less than reasonable care), and must not be disclosed except to employees, contractors, and advisors with a need to know who are bound by confidentiality. Confidentiality obligations survive termination for three (3) years.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. The parties will first attempt to resolve any dispute through good-faith discussion (start by emailing [email protected]). If a dispute cannot be resolved within 30 days, either party may file suit in the state or federal courts located in Delaware, and both parties consent to personal jurisdiction and venue there. The parties waive any right to a jury trial.

11. Changes to These Terms

We may update these Terms. For any material change, we will email every active customer at the email on file at least 30 days before the change takes effect, post the new version at boxpress.io/legal/terms, and archive the prior version. If you do not agree with a material change, you may terminate before it takes effect and we will refund any prepaid fees for service periods after termination. Continued use after the effective date of a change constitutes acceptance.

12. Miscellaneous

• Entire agreement. These Terms, the Privacy Policy, the Data Protection Policy, the Compliance page, and any Order Form executed with Boxpress are the entire agreement between the parties and supersede prior agreements on the same subject.
• Assignment. You may not assign these Terms without our written consent (not unreasonably withheld). We may assign in connection with a merger, acquisition, or sale of substantially all of our assets, with notice to you.
• Severability. If any provision is unenforceable, the rest remains in effect.
• No waiver. Failure to enforce a provision is not a waiver of future enforcement.
• Force majeure. Neither party is liable for delays caused by events outside its reasonable control (natural disasters, war, government action, internet backbone outages, etc.).
• Independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.
• Notices. Notices to Boxpress: email [email protected] and physical mail to Boxpress LLC, [STREET], [CITY], [STATE] [ZIP], United States. Notices to Customer: the email on file in the admin UI.

13. Contact

General inquiries: [email protected]
Legal and contracts: [email protected]
Privacy: [email protected]
Security disclosure: [email protected]
Mailing: Boxpress LLC, [STREET], [CITY], [STATE] [ZIP], United States

All four addresses currently route to [email protected] while the company is small. We will split them as the team grows; the policy commitments stay the same regardless of which inbox the email lands in.

Last updated: 2026-05-04