Hubilo Terms of Service Vector 1

Hubilo Technologies Inc.​​ and its affiliates​​ (“Hubilo”, “we”, “us” or “our”)​​ is​​ a company incorporated and registered in the state of Delaware, USA at 919, North Market Street, Suite 950, City of Wilmington, country of New Castle, Delaware, 19801 with the State File Number:​​ 3720930 ​​with its principal place of business located at 505, Montogomery Street, 10th Floor, San Francisco, CA 94111, United States.​​ Hubilo owns and operates the website​​ https://hubilo.com/ ​​ ​(“Website”) and a virtual Event management platform “Platform”, enabling Event organizers​​ (“Organizer”, “Customer”,​​ “You”, “Yours”)​​ to register on the Website and access/ use the Platform in order to organize virtual events,​​ avail of a range of products or services including event website, event app, event registration and ticketing, event analytics, event networking, etc, as modified from time to time (collectively “Features”).​​
These Terms of Service (“Terms” or “ToS”) govern Your use and/ or access to Features, the Website, Platform, or the mobile application of Hubilo (“App”), our application programming interfaces (APIs), our notifications and/ or any information or content appearing therein (collectively, the “Services”). We request you to carefully go through these Terms, the privacy policy available at​​ https://hubilo.com/privacy-policy/ ​​ ​​ (“Privacy​​ Policy”) and other policies/ guidelines given on the Website, before accessing and/ or registering with the Platform. These Terms, the Privacy Policy, together with any policies/ guidelines made applicable to you from time to time, constitute a legally enforceable agreement between You and Hubilo with respect to the Services. By​​ signing the order form , You accept the aforesaid agreement and agree to be legally bound by the same. In the event of any ambiguity or discrepancy between these Terms and the Privacy Policy and or any policies/ guidelines, the provisions of these Terms shall prevail.​​
In case You do not accept these Terms and or the Privacy Policy, You are not permitted to register, access and or use the Platform. If You are an individual acting on behalf of an entity, You represent and warrant that You have the authority to accept these Terms on behalf of such entity.​​ If You do not wish to accept the Terms stated herein, please do not register, access, or use the Platform/ Services.
Users who violate these Terms may have their access and/ or use of the Services suspended and/ or terminated, at Hubilo’s sole discretion.
“Event/s”​​ shall mean either public or private virtual event/s that are organized by the Customer on the Platform.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE REGISTERING, ACCESSING AND/ OR USING THE PLATFORM.

Matters concerning licensing, features being available, delivery, invoicing, payments, maintenance and support offered, if any, along with other such expressed terms covered in the respective third party agreements, including but not limited to, any license/ service/subscription/ partnerships agreements (“Agreements”) between Hubilo and Customer shall be read together and construed, to the fullest extent possible, to be in concert with these Terms, the Privacy Policy and any policies/ guidelines applicable at that time.
Capitalized terms used within these Terms that are not defined herein shall have the meanings and references provided to them in their respective Agreements.

Index

1.

Age Requriements

:

You guarantee that you are of legal age and otherwise eligible to enter into this agreement in your jurisdiction. By visiting the Platform or accepting these Terms, You represent and warrant to us that You are of the appropriate legal age or older, and that You have the right, authority and capacity to use the Services and that You agree to abide by and be bound by these Terms, Privacy​​ Policy and other applicable policies/ guidelines. If You are not of appropriate legal age and access and/ or use the Services, then it will be understood that Your parent or guardian expressly consents to these Terms on Your behalf by allowing You to access and/ or use the Services. You take full responsibility of ensuring such express consent has been obtained from the parent or guardian allowing You access and/ or use of the Services. Hubilo shall not be responsible for your failure in obtaining such express consent and or your parent’s/ guardian’s negligence/ failure in supervising you and or giving such express consent.

2.

Subscription of Services

:
a. You may choose to subscribe to our Services by accepting/ executing/ signing our standard Master Subscription Agreement; and paying the License Fee either by submitting an Order Form to us or by opting to pay for your chosen subscription plan on the Platform. Payment information and payment methods are provided to You while making payment of the License Fees.
b. You agree that all information that you provide to Hubilo will be accurate, current and complete and consent to its disclosure, transmission and use as necessary to process the payment.​​
c. You agree to pay all fees/ charges incurred by you at the prices then in effect. You will also be responsible for paying any applicable taxes.​​
d. You hereby grant Hubilo the right to provide any information you submit to third parties for purposes of facilitating payment initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any payment.
3.

Scope of Services

a. Subject to the terms and conditions of this ToS, we hereby:
    i) Grant the Customer a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to:​​
1. organize, host, conduct and administer Events; and use the Service in connection therewith;​​
2. use the Service on a mobile phone, tablet, computer or other device (each, a “Device”) that you own or control;
    and​​
​​3. access and use the Services on the Device according to this ToS and any applicable Usage Rules as specified below.
    ii) enable you to allow User/s to attend and participate in Events organized by You.
    iii) enable you to promote, advertise, market the Events as well as interact with the Users.
b. We allow You to have complete control over the organizing and managing of an Event, managing the Users and managing interaction with the Users. You may limit, block or suspend the access of any User to their Event under certain circumstances viz. violating the Terms, or report filed against the User for abuse; or otherwise as deemed fit by you.
c. We also display the Event page of Public Events on our Platform wherein the Users can discover such Events while browsing through the Event Page of such Public Events.
d. We allow You to display your own Terms of Use and Privacy Policy on our Platform, which shall become applicable to the Users if uploaded by You; otherwise, the standard Terms of Use and Privacy Policy for User/s available on the Platform shall apply.
e. You shall be solely liable for the usage and access of the Platform by the Users.
f. A User may use the Platform to send/ receive messages to other Users if permitted by you.
4.

Acceptance, Availability And Condition of Services?

a. You agree to use the Services for the limited purpose of organizing Event/s. In this respect You may host Event/s, allow User/s to attend the Event/s, send and receive text, media and audio/ video files and make audio/ visual presentations/ calls and utilize such other features which may be introduced from time to time by us and as chosen by you in your Service plan.​​
b. You may allow the attendees chosen by you to attend Event/s organized by you (“User/s”) and to register, use and access the Platform and Features including posting comments, sending messages, uploading audio/ video/ text etc. files; and you agree to monitor and moderate ​​ such User content and you are solely responsible for deleting any User content that may be unlawful or defamatory or otherwise inappropriate in accordance with your Acceptable Behaviour Policy, as well as suspending and or terminating the offending User account, with or without notice to the offending User.​​
c. You are solely responsible for use of the Platform by the Users and it is entirely at your own costs and risk
d. You represent and warrant to us that You will organise Events and use the Services in a manner consistent with all applicable laws and regulations, the Terms/ Privacy Policy, any other Agreements signed between Hubilo and You.
e. We may alter, suspend, or discontinue the Services, in whole or in part, at any time and for any reason at our sole discretion, we will make efforts to provide notice of the same, where reasonably possible. We may restrict access to portions of our Services, for some or all Customer and or Users, from time to time. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment, server issues or for other reasons. You acknowledge and agree that we are not obligated to continue offering, supporting, or updating the Services and that we make no commitment to do so.
f. We may release Services, functionalities or features that we are still testing and evaluating which will be on As Is basis. We may label such Services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand and agree that these beta Services may not be reliable as the functionalities and features may require further fine-tuning.
g. We reserves our right to a) retain any information collected upon registration/ subscription pertaining to You or any User/s that accessed and/ or used the Services in order to allow for faster re-activation or re-enablement of the Services and/ or any Features or as per any applicable laws, and or, b) limit Your use of the Services, including the right to restrict, suspend or terminate Your account if we reasonably believe that You are in breach of these Terms and/ or are misusing and/ or allowing the misuse of the Services.​​
h. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.​​
i. We make our best efforts to ensure that our Services are always available, but we do not guarantee that the operation and/ or access to our Services will be uninterrupted or continuous. Further, given the nature of the business and the constant evolving nature of technologies of the industry we are in, we cannot guarantee complete security and safety over any information, data or User content that may be uploaded, shared, hosted, displayed or transmitted using our Services. Our Platform may not be fully immune to any planned, unplanned or incidental issues relating to data breaches,​​ shut downs or technological issues and may also be interrupted for reasons, including but not limited to, maintenance, repairs, upgrades, network or equipment failures and or due to government action and or malicious third-party intervention.
j. You are responsible for configuring and keeping updated Your information technology, computer programmes, Devices, platforms or operating systems and security in order to access and/ or use our Services. In order to use our Services, You must ensure to use Devices, software, internet connections and data connections that are required to access and use our Services. You acknowledge that any failure to use up to date software or Devices or high-speed internet or data connections will result in poor performance or non-performance of our Services and you will not hold us responsible for the same. You agree that we will not be held responsible for any consequences to You or any third party that may result from technical problems including without limitation in connection with the internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers.
k. We do not represent or warrant that the Services will operate error-free or that the Services are free of viruses, bugs, attacks or other harmful code or that we will correct any errors in the Services.
l. The Services are provided on an “As Is” and “As Available” basis without warranties of any kind including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade.​​
m. These Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. By providing Interactive Customer/ User interface, we do not attract liability for any statements, representations or Customer/ User Submissions in any public forum, blog or other interactive area. We reserve the right, and have absolute discretion, to remove, screen or edit any Customer/ User Submission posted or stored on the Website, Platform or the App at any time and for any reason without notice, and You are solely responsible for creating backup copies of and replacing any Customer/ User Submission on our Services at your sole cost and expense. Any use of the Platform or other portions of the Website and the App in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of Your rights to use the Platform and/ or our Services.​​
n. You agree that Hubilo may comply with the order of law enforcement authorities and provide them with any and all information You submit to us to assist in any investigation or prosecution they may conduct.​​
5.

Restrictions

You agree not to, and shall not permit any User/s or a third party to:
a. Redistribute, sell, assign, lease, lend, license, sub license or rent the Platform and/or Services.
b. disassemble, reverse engineer, decipher, decompile, or decrypt the Platform and/ or Services.​​
c. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Platform and or Services or any portion of thereof.
d. Copy (except for backup purposes), edit, improve or create derivative works of the Platform and/ or Services or any part thereof.
e. disassemble, disable or otherwise interfere with security-related features of the Platform and/ or Services or the Features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services.​​
f. Post or transmit any file which contains viruses, worms, Trojan horses, ransomware, or any other contaminating or destructive features, or that which otherwise interferes with the proper working of the Platform and or Services and or use of the Platform and/ or Services by other Customers and or Users
g. remove, modify or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or provided on or via the Platform and/ or Services.
h. utilize any communications systems provided by the Platform and/ or Services to send unauthorized and/ or unsolicited commercial communications.
i. make use of any of Hubilo’s Content/ intellectual property including name, logo, banners or trademarks, etc. without our prior written consent.
j. use the Platform and/ or Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches this ToS.
k. use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform or Services, other than the search engines and search agents, if any, available through the Services and other than generally available third-party web browsers.​​
l. Gain or attempt to gain unauthorized access to our Platform / Services/ Website/ App, servers, technology, software and or systems etc.
m. Gather information on other Customers and or Users and attempt to use such information in any manner whatsoever.
n. To use the Platform/ Services in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation to Hubilo Content and or Customer/ User Content, in any of the following ways:
• in violation of any applicable laws or regulations;
• in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of third parties or violate the privacy, publicity or other personal rights of others;
• that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
• that aims to harm minors in any way;
• that deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature;
• that impersonates another person or entity;
• that contains software viruses or any other computer code, files or programs designed to interrupt, alter, destroy or limit the features or functionality of the Hubilo’s systems, Platform, Services or other Customers and or Users, third-party systems or site, etc.
o. To violate or attempt to violate the security of the Platform/ Services, including, without limitation the following activities:
• accessing data/ information not intended for You and or the User, as the case may be, or logging into a server or account which You and or the User is not authorized to access;
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• attempting to interfere with the Service to any other customer and or User, host or network, including via means of submitting a virus to the Platform, overloading, flooding, spamming, time bombs or crashing; or forging any TCP/IP packet header or any part of the header information in any group posting.
p. Violations of system or network security may result in civil and/ or criminal liability. We will investigate occurrences which may involve such violations and cooperate with law enforcement authorities in prosecuting You and or Your Users who may be involved in such violations.
6.

Account

a) In order to use the Features, You have to create or use an account (an “Account”). While creating an Account, you must provide accurate and complete information for yourself as specified. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account.​​
b) You should also choose a secure password, and keep it secure/ confidential and change the same on frequent intervals. Please, do not share you login and or password, as well details needed to get your login id and or reset the password. Please, do not share your Account credentials with any unauthorized person, or give access thereof. If we detect ourselves, or it’s brought to our attention that an account is shared by unauthorized persons, it may be treated as a security breach and Your account may be suspended or terminated. We have the right to disable any password, QR code or any other manner used in which You try to access the Platform/ Services, whether chosen by You or allocated by us, at any time, if in our reasonable opinion, You are in breach of these Terms and/ or Your Account/ Password/ Platform/ Features/ App/ Services or any applications, software and or systems etc. have been under malicious third-party intervention.
c) You understand a User shall also create an account to access the Platform and the Services. The information a User may provide for the purpose of opening an Account, joining an Event community or registering for an Event or use of the Services, including but not limited to, name, email address, phone number will be provided to and maintained by You, and may be used by You in connection with current/ future Events.​​
d) Please refer to our Privacy Policy to understand more about data collection, usage and the data protection measures followed by us.
e) You are responsible for all actions or activities that happen by, through or under Your Account, unless You immediately report misuse. In the event of any breach of security or unauthorized use or access of Your Account, You must notify us immediately. We will not be liable for any loss caused by any unauthorized use of Your Account.a.
7.

Regulations of Use

a) If you are accessing/ using the Services from a third-party Device, platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the Service​​
b) You acknowledge that, prior to using the Services, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the Services are incorporated into this ToS by this reference. You represent that you are not prohibited by any applicable Usage Rules and/ or applicable law from using the Services; if you are unable to make such a representation you are prohibited from installing and/ or using the Services. You agree that any right to refund under the Usage Rules applies to any amounts paid by you to the Distributor.
8.

Third-Party Sources and Content

:
a) The Services may enable you to view, access, link to, and use content from Third Party Sources (as defined below) that are not owned or controlled by us (“Third Party Content”). The Services may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers.
b) We do not accept, claim or take responsibility for any Third-Party Content as posted on our Platform including, but not limited to Organizer Website, Event App and/ or Event Community. Any transaction, hyper linking or mention of Third-Party content including, not limited to websites, media, articles, etc. as posted by you, is between you and the Third Party. If you have any query or complaint regarding a Third-Party Source or any Third-Party Content, you agree to contact the Third-Party Source directly.
9.

Sending/ Receiving Messages

:

The Services may permit You to send messages (including email) to a Third-Party Source or to the Users (“Messages”). You are solely responsible for the messages you send and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide license to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, services of third-party service providers to facilitate the sending of Messages to your designated recipients). You guarantee that you own or have the necessary rights and permissions to use all of the Intellectual Property Rights in and to your Messages, and hereby grant the foregoing license to us. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section 10 (User Submissions) below shall also apply to Messages that you send via the Services.

10.

Customer/ User Submissions

:
a) You acknowledge that you and or User/s may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on our Platform including, but not limited to Your website, Event App and/ or Event Community (“Customer/​​ User​​ Submissions”). You shall not yourself and agree to advise the User/s in writing and ensure that they do not post, upload to, transmit, distribute, store, create or otherwise publish through the Website, Platform or the App any of the following User Submissions:
i) That is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy, breach of publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
ii) That would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
iii) That may infringe any patent, trademark, and trade secret, copyright or other intellectual or proprietary right of any party.
iv) That impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
v) That, our sole judgement, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose us or other Users to any harm or liability of any type;
vi) Which violates the terms of our guidelines, principles, policies or rules posted on the Website and the App or as and when communicated to You;
vii) Unsolicited promotions, spam, advertising or solicitations;
viii) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses or any other such personal details; and Viruses, corrupted data or other harmful, disruptive or destructive files;
b) You shall be solely responsible for Customer/ User Submissions and the consequences of posting or publishing them.​​
c) We have complete right in terms of decision making as to whether or not to publish Customer/ User Submissions and we reserve the right without further notice to you, to monitor, moderate, censor, edit, remove, delete and/ or remove any and all Customer/ User Submissions at any time and for any reason.
d) You further guarantee that you hereby grant to us and shall procure from the Users the necessary rights and permissions for us to use and authorizes us to use all Intellectual Property Rights in and to the Customer/ User Submissions, and to enable inclusion and use thereof as contemplated by this ToS. You/ User shall retain all of Your/ their ownership rights in Customer/ User Submissions. Any copyrighted or other proprietary content distributed with the consent of the intellectual property owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
e) Subject to this ToS and the Privacy Policy, by submitting the Customer/ User Submissions, you hereby grant us and agree to procure from the Users a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to use, reproduce, distribute, prepare derivative works of, display and perform the Customer/ User Submissions only in connection with the Services, including without limitation for redistributing part or all of the Customer/ User Submissions (and derivative works thereof), and you hereby waive and agree to procure waiver from the Users regarding any moral rights in the Customer/ User Submissions, to the extent permitted by law.
f) You understand and acknowledge that when accessing and using the Services: (i) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to (i) and (ii) herein.
11.

Use of Hubilo Content

:
a) The entire contents of the Platform/ Services/ App/ Website, etc., including but not restricted to designs, text, graphics, images, video, information, logos, button icons, software, audio files and other content, except the Customer/ User Content, is collectively, the “Hubilo Content”;
b) All Hubilo Content is our property and/ or property of our licensors/ contractors etc., as the case may be. The compilation (including the collection, arrangement and/or assembly) of all Hubilo Content is our exclusive property. We retain all intellectual property rights including all rights in and to the Hubilo Content, inventions, utility models, patents, copyright and related rights, trademarks, logos, trade and business names, rights in designs, rights in computer software, database rights, moral rights, know-how and trade secrets, in every case whether registered or unregistered and all similar or equivalent rights or forms of protection (whether now or in the future) in any part of the world. Unauthorized access, copying, use, destruction and or distribution of Hubilo Content is strictly prohibited;
c) You may not sell, modify, reverse engineer, reproduce, display, publicly perform, distribute, or otherwise use the Hubilo Content in any way for any purpose whatsoever including for any public or commercial purpose, in connection with services that are not the Services of Hubilo; or in any other manner that is likely to cause confusion amongst other Customers and or Users;
d) Any code (source code, object code), design, UX, UI that Hubilo creates to generate or display any Hubilo Content or the pages making up the Platform is also our intellectual property. You may not copy, adapt, reverse engineer, create derivative works, translate or infringe our rights in any way. You may not use any of Hubilo Content on any other platform/ website or otherwise (including, without limitation, by uploading or republishing Hubilo Content on any internet, intranet or extranet site or incorporate Hubilo Content in any other database or compilation for any purpose);
e) You shall not copy or adapt the HTML code that we create to generate any Hubilo Content or the pages making up our Platform. Nothing in these Terms shall be construed as conferring any license to our intellectual property rights, whether by estoppel, implication or otherwise;
f) Your access and use of the Platform/ Services or our Content does not grant You a right to assign or transfer Your obligations under the Terms to any third-party;
g) You may not advertise the use of the Platform or Hubilo Content without obtaining our prior written consent.
12.

Intellectual Property Rights

:
a) Unless stated otherwise, all the content provided via the Services including, without limitation to designs, texts, graphics, pictures, information, data, audio-visual files, sound files, tools, widgets, app, software and any files in whatsoever format whether used collectively or individually are the proprietary property of Hubilo or its licensors or Customers or Users and are protected by Indian and international copyright laws.
b) You are granted a limited, non-sub licensable, revocable, non-transferable license to access and use the Services and its Property for your informational, non-commercial and personal use only. The license so granted is subject to following terms:
• You ​​ may use this material only as expressly authorized by the owner of the content and shall not copy, transmit or create derivative works of such material without the required authorization.
• You acknowledge and agree that you shall not upload post, reproduce, or distribute any content on or through the services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
• Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the user to personal liability or criminal prosecution.
• Copyright Complaints
If you have a reason to believe that any material on the Services infringes upon any copyright or proprietary right which you own or control you may contact us at​​ mydata@hubilo.com. Any notice with respect of any such infringement shall be addressed to the abovementioned contact ID and shall be governed by the laws of Delaware amended up to date.
• In addition, the look and feel of the Services, including but not limited to all page headers, custom graphics, button icons and scripts, is the proprietary property of the owner and must not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
13.

Information Processed by Hubilo and or Third-Party Merchants

:
a) On your written authorization, and in accordance with applicable data protection laws, a) we aid you in processing of Your and or Your Users’ information, data, personal information, business related information, activities, assets, images, media, messages etc., b) we may engage independent third-parties to process the aforesaid information. Access to any of Your and or Your Users’ personal information by these third-parties is limited to the information reasonably necessary in order for them to perform/ provide their services, c) we may share your information to any other third party, as and when required.
b) We will not sell and or distribute Your and or Users’ personal information to such third-parties, unless, a) it is required by applicable laws. To the extent we are legally permitted to do so, we will take commercially reasonable steps to notify You in the event that we are required to provide Your personal information to third-parties as part of the legal process. b) We believe in good faith that disclosure is necessary to protect our rights, protect Your safety or the safety of others, investigate fraud/ other crimes and or respond to a written government request.
c) If we become involved in a merger, acquisition, or any form of sale of some or all of its assets, we shall provide notice to you before Your and or Your Users’ personally information becomes subject to a different privacy statement.​​
d) You may access our Data Protection Addendum, here​​ https://hubilo.com/hubilo-data-processing-addendum/
14.

Privacy

:
a) Kindly refer to the Privacy Policy for further understanding of how we collect, store, protect and process the data collected through our Services.
b) Please also be aware that certain sensitive personal information and other information provided by you in connection with your use of the Services may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.
15.

Limitation of Liability

:
a) To the fullest extent permitted by applicable laws, Hubilo (including our subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”) expressly limit our liabilities in connection with or arising out of the provision, access or use of the Platform and/ or Services as follows:
i) we provide the Platform and any Services on an “as is” and “as available” basis, and Your access to or use of our Platform is at Your own risk;
ii) we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and/ or Services;
iii) we do not guarantee that the information or content You find on the Platform is accurate, truthful, complete and or up-to-date;
iv) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
v) we disclaim liability for any delay or disruption in our Platform/ Services and/or any defect, viruses, bugs or errors;
vi) we disclaim liability for the conduct of or any content or information submitted or posted by any customers and or Users of the Platform/ Services (whether online or offline).
b) To the fullest extent permitted by applicable law, Hubilo and Our Entities are not liable to You or others for:
i) any indirect, incidental, special, exemplary, consequential or punitive damages; or
ii) any loss of data, business, opportunities, reputation, profits or revenues, relating to the use of our Platform and or Services.
c) In case of any liabilities that may fall upon us as per applicable laws and other than the types of liabilities that cannot be limited by applicable law, our liability and the liabilities of Our Entities (on aggregate) including under these Terms, the DPA and the Privacy Policy are limited to the total amount of USD 10,000 (US Dollars Ten Thousand) in case of a single customer and or User being affected, or USD 100,000 (US Dollars Hundred Thousand) in case all Customers and or Users are affected, the amount of which shall equally be divided among all adversely impacted Customers and Users, provided that the impacted customer(s) and or User(s) have continuously used the Services for at least one whole calendar year prior to such obligation of payment arising.
16.

Indemnity

:

In case of breach or any claims, actions, demands, damages, liabilities, obligations, costs, suits or proceedings (“Actions”) actually paid, suffered or incurred by us due to the breach of these Terms, any act or omission, misuse, abuse of our Services and its access, fraudulent acts, wilful misconduct of the Customer and or Your Users alleging or arising from (i) the use of Customer/ User Content or other material You and or Your Users provided on the Platform; (ii) misuse by You and or Your Users of any Hubilo Content; or (iii) breach of these Terms by You or Your Users; or (iv) any loss or deletion of Hubilo/ Customer/ User Content that may occur through the​​ use or misuse of the Platform by You or Your User; You agree to defend, indemnify, and hold harmless Hubilo, Our Entities, and their respective officers, directors, employees, affiliates and agents, from and against any such Actions including without limitation reasonable legal and accounting fees and expenses. We shall provide notice to You promptly of any such Actions.

17.

Export Laws

:

You represent that you are not, and will not make the Services available to, the resident of any embargoed country or a prohibited person under any export control or anti-terrorism law, regulation or list. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Services, nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

18.

Term and Termination

:
These Terms will continue to apply until terminated, which may be by way of actual termination, deactivation or unsubscribing, by either You or or by us, as follows:
a) You may stop using the Platform/ Services;
b) We reserve the right to suspend or terminate Your Account as a consequence of suspending or terminating Your access to the Platform/ Services without notice and at our sole discretion if we reasonably believe:
   i) You and or Your Users are in serious and or repeated breach of these Terms (including a failure by You to settle any payments);
   ii) You and or Your Users are using the Platform/ Services in a manner that would cause risk or harm or loss to us, other customers and or Users, third parties or the public;
   iii) We are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
   iv) Our provision of the Platform/ Services to You is no longer possible or commercially viable; or
   v) For any other reason, entirely at our discretion including for convenience.
In any of the above cases, we will make best efforts to notify You, by the email address associated with Your Account or via a chat/ notification or Short Message Service (“SMS”) text, which notification You will be able to access the next time You access Your Account, unless we are prohibited from notifying You by applicable law.
c) Upon termination of Your Account and or Your access or use of the Platform/ Services, these Terms will also terminate except for those clauses which are intended to survive;
d) Upon termination, the Customer/ User Content will be available to You for a period of 365 (Three Hundred and Sixty five) days from the effective date of termination in order to allow for downloading of any Customer/ User Content. After such period the Customers/ User Content, subject to the terms of the Privacy Policy, will be automatically deleted by us unless we are required to retain the same in accordance with applicable laws. Failure to download/ copy any or all of the Customer/ User Content within this time frame shall not give You the right to hold us​​ liable for such deletion or data loss. Termination or suspension of Your Account and Your Users’ account due to failure to make payment by You shall result in complete restriction of access to the Platform/ Services. You shall not have the option to download any of the User Content until payment is fully cleared;
e) If we consider necessary or appropriate at our sole discretion, we will report any breach of these Terms to law enforcement authorities and we will cooperate with such authorities by disclosing Your or Your Users’ identity, and providing any information about You and Your Users’ within our systems to them;
19.

Disclaimer

:

HIS PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUBILO DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, RESULTS, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND ANY WARRANTIES OR CONDITIONS ARISING FROM ANY ACTUAL OR ALLEGED COURSE OF DEALING, USAGE OR TRADE PRACTICE. HUBILO EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE PLATFORM, ANY FEATURES AND/ OR SERVICES AND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE PLATFORM/ SERVICES, OR THE QUALITY OR CONSISTENCY OF THE SERVICES OR RESULTS OBTAINED OR DATA DERIVED THROUGH ITS USE..

20.

General

:

This ToS, Master Subscription Agreement and any other legal notices published by us in connection with the Services, shall constitute the entire agreement between You and Hubilo concerning the Services. If any provision of this ToS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this ToS, which shall remain in full force and effect. No waiver of any term of this ToS shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this ToS shall not constitute a waiver of such right or provision.

21.

Governing Law

:
a) These terms are governed by and shall be construed in accordance with the laws and decisions of the​​ State of Delaware, without reference to conflict of laws principles.
b) Any disputes under these Terms shall be resolved in a court of general jurisdiction in Delaware. Both Parties hereby expressly agree to submit to the exclusive jurisdiction of the State of Delaware for the purpose of resolving any dispute relating to these Terms or access to or use of the Services by the Customer.
22.

Contact us

:
a) Your acceptance of these ToS expresses Your consent to be contacted by us, our agents, our Entities, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by You while registering Your Account
b) When we use the words “writing” or “written” in these terms, this includes emails. If we have to contact You, we will do so by writing to You at the email address You have provided to us or by sending You a notification through Your Account.​​
c) For any problems faced relating to our Services, or these Terms, You may contact us at​​ mydata@hubilo.com.​​ For any general queries, please connect via the ‘Contact Us’ tab given on our Website.
d) Any Notice to us may be given by You only by sending it to our registered office and or local office by registered post and or a first-class courier. The Notice shall be deemed to have been served on us when physically received and accessed by us. We reserve the right to change, modify, alter, and or expand (“amendments”) any of the terms and conditions herein, in our sole discretion without any prior notice. Any such amendments shall be effective immediately upon posting of the revised ToS on the Website and or the App. By continuing to use/ access the Services; you waive any right you may have to receive specific notice of such amendments, as well as it’s your confirmation of having accepted all such amendments. Therefore, it is advised that you frequently review, understand and accept the Terms, Privacy Policy and applicable policies/ guidelines. If you do not agree to the amended terms, you must stop using and accessing our Services.

LAST UPDATED : FEBRUARY 2021