IHUBApp End User Terms of Service
Last updated: May 2, 2023
PLEASE NOTE: THE FOLLOWING IS A SAMPLE OF THE IHUBAPP TERMS OF SERVICE THAT WILL BE OFFERED TO USERS OF YOUR BRANDED IHUBAPP WHEN THEY REGISTER TO USE YOUR HUB. PLEASE READ CAREFULLY AS THIS REPRESENTS AN AGREEMENT BETWEEN THOSE WHO CHOOSE TO ENGAGE WITH YOUR ORGANIZATION THROUGH YOUR IHUBAPP. INSPIREHUB IS IN NO WAY RESPONSIBLE FOR YOUR FAILURE TO PROPERLY ASSESS YOUR END USER LICENSE AGREEMENT.
HUB ("HUB") LICENSED APPLICATION END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE LICENSED APPLICATION (the "HUB") BUILT USING THE IHUBAPP PLATFORM (“IHUBAPP”) WHICH IS OWNED BY INSPIREHUB INC, (“INSPIREHUB”).
BY DOWNLOADING, INSTALLING AND/OR USING THE HUB, YOU ACCEPT, EXPRESSLY CONSENT TO, AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT IS BETWEEN YOU AND THE ORGANIZATION THAT OWNS THE HUB IN WHICH YOU ARE USING. THE ORGANIZATION (the "LICENSOR") HAS LICENSED THE IHUBAPP FROM INSPIREHUB TO BUILD THIS HUB. IF YOU DO NOT COMPLETELY AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO DOWNLOAD THE HUB OR USE IT IN ANY MANNER. THE IHUBAPP LICENSOR GRANTS YOU CERTAIN RIGHTS TO DOWNLOAD, INSTALL AND/OR USE THE IHUBAPP, SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
- 1. SCOPE OF LICENSE. You are hereby granted a limited, non-exclusive, non-transferable license to use the HUB for your personal, non-commercial use on a mobile device (the "Mobile Devices") that you own or control and as permitted by the usage rules set forth in the App Store Terms and Conditions (the "Usage Rules"). The HUB is licensed to the organization that is licensing the technology to engage with you. This license confers no title or ownership to the Licensor in the Licensed Application and should not be construed as a sale of any rights in the IHUBApp. This license is being extended to you by the Licensor and provides you access to engage with the Licensor's branded HUB. This extended license does not allow you to use the Hub on any Mobile Devices that you do not own or controI. You may not rent, lease, lend, sell, redistribute, transfer, license or sublicense, publish, perform, display, transmit, or broadcast the HUB. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, upload, reproduce, or create derivative works of the IHUBApp, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components that may now or in the future be included with the IHUBApp). Any use of the HUB other than as explicitly permitted under this Agreement is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries. Unauthorized use of the HUB will result in automatic termination of the rights granted to you under this Agreement. All rights not specifically and expressly granted under this Agreement are reserved by InspireHUB.
The terms of this Agreement will govern any upgrades and modifications provided by InspireHUB that replace and/or supplement the original IHUBApp, unless such upgrade or modification is accompanied by a separate license in which case the terms of that license will govern.
- 2. OWNERSHIP. All rights, title and interest in and to the copyrights and all related intellectual property rights (including but not limited to any trademarks, patents, moral rights) in the IHUBApp and all elements thereof (including but not limited to all content, logos, design elements, software, computer code, themes, objects, concepts, artwork, animation, music, text, sounds, audio-visual effects, methods of operation, look-and-feel, design, layout, organization, presentation, user interface, any related documentation, and any "applets" also known as “modules” incorporated into the IHUBApp) are owned by InspireHUB, its developers and/or licensors ("Associated Parties"). The IHUBApp may contain certain third-party materials and the owners of such materials may also protect their rights in the event of any violation by you of the terms and conditions of this Agreement.
- 3. CONSENT TO USE OF DATA. You agree that InspireHUB may collect and use technical data and related information, including but not limited to technical information about your device, system and application IHUBApp, and peripherals, that are gathered periodically to facilitate the provision of IHUBApp updates, product support and other services to you (if any) related to the IHUBApp. InspireHUB may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- 4. MAINTENANCE AND SUPPORT. You acknowledge there is no obligation to furnish any maintenance and support services with respect to the HUB.
- 5. TERMINATION. This Agreement is effective until terminated by you or the Licensor that has provided you the HUB. Your rights under this Agreement will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, you shall cease all use of the HUB, and destroy all copies, full or partial, of the HUB.
- 6. INTERNET ACCESS. The IHUBApp may enable access to InspireHUB's Internet site as well as certain third-party Internet sites. Such access may require that you accept additional terms of service for Internet access. You understand that by using the Internet, you may encounter content that you find objectionable, and that the results of any search or entering of a particular URL when using the Internet may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree that your use of the Internet is at your sole risk and that InspireHUB shall not have any liability to you for third-party content that you may find objectionable. In addition, the IHUBApp may be accessed from, displayed on or linked to from Mobile Devices though it may not available in all languages or in all countries. InspireHUB makes no representation that the HUB is appropriate or available for use in any particular location. To the extent you choose to access the HUB, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. InspireHUB, and its Licensors, reserve the right to change, suspend, remove, or disable access to the HUB and IHUBApp at any time without notice. In no event will InspireHUB be liable for the removal of or disabling of access to the HUB or IHUBApp. InspireHUB may also impose limits on the use of or access to the IHUBApp in any case and without notice or liability.
- 7. NO WARRANTY. THE HUB AND THE IHUBAPP AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE IHUBAPP, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. INSPIREHUB DOES NOT WARRANT THAT THE IHUBAPP OR THE CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE IHUBAPP AT YOUR OWN RISK. INSPIREHUB AND ITS LICENSORS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR DEVICES OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING VIA LINKS IN THE IHUBAPP, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. INSPIREHUB AND ITS LICENSORS MAKES NO WARRANTY THAT THE IHUBAPP WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE IHUBAPP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- 8. LIMITATION OF LIABILITY. EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL INSPIREHUB, ITS LICENSORS OR ITS ASSOCIATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE IHUBAPP OR WITH THE INABILITY TO USE THE IHUBAPP, OR FOR ANY INFORMATION, IHUBAPP, PRODUCTS OR SERVICES OBTAINED THROUGH VIA OR AS PART OF THE IHUBAPP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL INSPIREHUB'S OR ITS ASSOCIATED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO INSPIREHUB, ITS LICENSORS OR ITS ASSOCIATED PARTIES FOR YOUR USE OF THE IHUBAPP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- 9. EXPORT CONTROLS. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you also represent and warrant that (y) you are not located in any country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use the License Application or any portion thereof for any purposes prohibited by United States law.
- 10. COMMERCIAL ITEMS. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- 11. INJUNCTIVE RELIEF. You acknowledge that a violation of this Agreement would cause InspireHUB irreparable harm and InspireHUB shall be entitled to injunctive relief and other appropriate equitable damages with respect to breaches of this Agreement, in addition to other remedies which InspireHUB may have under law.
- 12. INDEMNIFICATION. You agree to indemnify and hold harmless InspireHUB, its Licensors and its Associated Parties, and its and their respective affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from your use of the IHUBApp in any way or your violation of law or breach of the terms of this Agreement. InspireHUB, its Licensors and its Associated Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of any such claims by InspireHUB and its Associated Parties.
- 13. CONTENT. You are responsible for any content that you may contribute while using this HUB. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the HUB. You grant the Licensor of this IHUBApp and creator of the HUB in which you are using, a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the HUB. Archive your Content frequently. You are responsible for lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. InspireHUB and its Licensors are not responsible for the Content or data you provide through your use of the HUB.
You agree not to use the HUB, nor permit any third-party to use, the HUB to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- a. Illegal, fraudulent defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
- c. Except as permitted by InspireHUB in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- d. Virus, trojan horse, worm or other disruptive or harmful HUB or IHUBApp or data; and
- e. Any information, HUB or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
- COMMUNITY FORUMS. The HUB may include a community forum or other social features to exchange Content and information with other users of the HUBand the public. InspireHUB and its Licensor does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which InspireHUB and its Licensor is not responsible.
14. INSPIREHUB MAY FREELY USE FEEDBACK YOU PROVIDE. You agree that InspireHUB may use your feedback, suggestions, or ideas in any way, including in future modifications of the HUB, other products or services, advertising or marketing materials. You grant InspireHUB a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to InspireHUB in any way.
15. INSPIREHUB MAY MONITOR YOUR CONTENT. InspireHUB may, but has no obligation to, monitor content on the Licensor’s HUB. We may disclose any information necessary to satisfy our legal obligations, protect InspireHUB or its customers, or operate this HUB properly. InspireHUB and its Licensor, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
16. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between you and the Licensor of the HUB with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and INSPIREHUB with respect to the Sites and HUBS. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form. (b) This Agreement may be amended only by INSPIREHUB. Licensors are provided the opportunity to include approved Addendums to this agreement as long as the addendum does not alter or discount any established terms. (c) If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. (d) This Agreement is governed by and is construed in accordance with the laws of the State of Texas, U.S.A., without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Dallas, Texas, U.S.A. in all disputes arising out of or relating to your use of the Licensed Application. Notwithstanding the foregoing, INSPIREHUB shall have the right to bring action against you in a court of competent jurisdiction in the jurisdiction in which you reside or are located to: seek injunctive relief against you in addition to other remedies allowable by law; to obtain a judgment against you where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which you reside or are located; or enforce a judgment obtained against you in a Texas Court. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. (e) If this Agreement is translated into a language other than English, you agree that the English version will prevail to the extent of any discrepancy in meaning between the English version and the translation. (f) Except and only to the extent prohibited by applicable law, you agree that any and all disagreements and related documents and proceedings related to this Agreement shall be conducted in the English language. (g) You agree that may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under this Agreement. This Agreement is personal to you and you may not transfer or assign it to a third-party. (h) INSPIREHUB's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Effective: September 29, 2022