Terms and Conditions
(Last updated on 18.01.2024)
Let us know at email@example.com, if You have any queries regarding the same. We will try our best to answer Your queries.
By requesting to use or using the Services, You acknowledge, represent, and warrant that: (a) You have read and understood these Terms and that You have the authority to act on behalf of any person for whom You are using the Services; (b) that You are at least 18 years old; and (c) that You have the legal power and capacity to enter into these Terms. If You are agreeing to these Terms as an individual, "You" or "Your" refers to You individually. If You are agreeing to these Terms as a representative of an entity, You represent that You have the authority to bind that entity and "You" or "Your" refers to that entity.
To the extent permissible under applicable law, we may, in our sole discretion, refuse to offer the Services to any person or entity and change these eligibility requirements at any time. These Terms are binding on any use of the Services provided by Hubhopper and apply to You from the time when You access the Services (the "Effective Date"). If You do not agree with all of these Terms, do not access or otherwise use the Services.
1.2 Content: means all the audio content owned or controlled by You which is uploaded or produced on the Software.
1.3 Distribute/Share: means to distribute, exhibit, exploit, broadcast, re-broadcast, stream, transcode, display and/or transmit any audio, video, audiovisual, or other associated metadata, musical works and all underlying works embodied in the Content, for presentation to and capable of reception by, members of the public through the Platform. The terms “Distributed,” “Distribution,” and “Distributing” shall have correlative meanings;
1.4 Effective Date: means the date when You get the access to the Services;
1.5 Intellectual Property: means and includes any and all copyright, script, story, sound recordings, audio-visual recordings, images, pictures, music, lyrics, titles, slogans, and all other artistic, literary, dramatic, vocal and musical materials, including any cinematographic films or recordings, background score, song elements, trademarks, tradenames, domain names, brand names, slogans, service marks, brands, designs, including all set designs, production designs, costume designs, all confidential and proprietary information, knowledge, technology, computer Works, software, any licenses, sub-licenses and permissions, goodwill, know-how, concepts, ideas, and all other intellectual property and other ancillary assets recognized as such under any jurisdiction, and in industry usage or otherwise;
1.6 Intellectual Property Rights: means all rights in any Intellectual Property, in each case whether registered or unregistered and including all applications for registration, and rights to apply and make such applications, and any extensions or renewals thereof, including all rights provided by international treaties and conventions, rights of distribution, reproduction and all other exploitation rights, and any goodwill in relation to or in connection with the same, or such other similar or equivalent rights or forms of protection which subsist or will subsist in the future in any part of the world;
1.7 Platform(s): means and includes all the services and digital platform(s) including website, mobile apps, mobile sites, and the service operated therefrom and Hubhopper’s distribution network consisting of an aggregation of multiple third-party websites.
1.8 Podcast: means a digital audio file received or accessed on demand, which may be distributed by digital download, streaming or RSS feed or other similar technology, which allows End Users to receive audio files.
1.9 Services: means use of Hubhopper’s Site or App and other associated products and services offered on the site/App and may include services availed by You in furtherance of any Agreement executed between You and Hubhopper.
1.10 Territory: means worldwide.
1.11 Third Party Claim: means any claims raised by a third person, against or in relation to the Content pursuant to this Agreement, or in relation to the rights of the user regarding the Content;
2. ACCOUNT AND ACCOUNT SECURITY
You may be required to register Yourself to avail certain sections of the WebApp. To register on the WebApp of Hubhopper, You shall be required to create an account by providing us Your name, email id and generate the password and You may be required to provide any other information relevant to create Your account.
You are entirely responsible for maintaining the confidentiality of Your password and account. You expressly agree to absolve Hubhopper of any responsibility/liability in this regard.
If You as an individual registered using a corporate email domain or in the name of the business entity, that entity is the User/You in these Terms, and these Terms refer to that User entity except where otherwise specified. Individuals authorized by You to access the WebApp (an “Authorized User”) may submit User Content (as defined below) and provide us with instructions on what to do with such User Content. For example, You may create or delete a podcast, manage permissions, change settings, add or delete authorized users, or set podcasts to be public or private.
You will (a) inform Authorized Users of all Customer policies and practices that are relevant to use of the Site and of any settings that may impact the processing of User Content; and (b) ensure the transfer and processing of User Content under the Terms is lawful.
- Any other person using the registered sections under Your name.
- Access through a single name being made available to multiple users on a network.
- Any transfer of account to any third party without Hubhopper’s prior permission.
3.1 Term. This Agreement shall be effective as of the Effective Date.
3.2 Termination: Hubhopper may suspend or terminate, in its sole discretion, Your access to the Services immediately if (a) You fail to make a payment; and/or (b) You have breached any of the provisions of this Agreement or the non-performance of any of Your obligations and fail to cure such breach within 10 (ten) days from being notified of the occurrence of such breach; or (c) You have (or Hubhopper reasonably suspects that You have) breached, misappropriated or infringed Hubhopper’s Intellectual Property Rights. Any suspension or termination of the Agreement pursuant to this section will not entitle You to any refund or credit; or (d) Hubhopper believes, as determined in its sole discretion, that Your acts or omissions hereunder could cause material detriment to its brand and/or pose significant legal or reputational risk to Hubhopper; or (e) it poses a security risk to the Services or any third party; or (f) the provisions of Services provided are no more commercially viable; or (g) It is found that You collect information about other users of the WebApp for any illegal or unlawful purpose; or (h) the third party, if any, with whom we offered the WebApp to You has terminated its relationship with us or ceased to offer the related services to us or to You.
3.3 Consequences of Termination: Upon expiry/termination of this Agreement for any reason :
(i) Hubhopper shall be entitled to a fee proportionate to the services rendered by You until the date of expiry/termination;
(ii) the Parties to this Agreement shall forthwith cease to use all trademarks, logos, trade names, identifying slogans or similar intellectual property belonging to the other Party, whether in relation to the Content or otherwise as were permitted to be used for the purpose of this Agreement. Provided, the User shall have the right to keep all the data analytics obtained during the Term for records purposes.
4. USE OF SERVICES
Subject to Your compliance with the terms and conditions of this Agreement, including, but not limited to, schedule of payment of the fees set forth separately, Hubhopper grants You limited, personal, non-exclusive, revocable and non-transferable permission to use the features and functionality of the Software during the Term, solely for Your internal business purposes.
4.1 Prohibited Uses; Restrictions on Your Use of Data:
- the only users You may authorize to use the Services are Your staff, Your contractors and/or a person that has an express need to access the Services;
- You and Your users must not use the Services to provide services to another person, or allow the Services to be used by any person through any outsourced service provision, timesharing, managed service or any similar kind of arrangement, or incorporate or combine any Services in any product or service that You provide to any person;
- You and Your users must not license, sub-license, reproduce, modify, create derivative works of, sell, exploit, rent, lease, transfer, assign, distribute or disclose the Services or any part of them;
- You and Your users must not modify, reverse engineer, disassemble, decompile, reverse compile, attempt to extract the source code or otherwise try to access, overload, interfere with, reproduce or otherwise harm the operation of the Services;
- You and Your users must not modify, attack, disrupt, circumvent or otherwise interfere with or harm any software, security technology, encryption measures or other material used by us to provide or control access to the Services;
- You and Your users must maintain and not alter or remove any copyright, trademark or other protective or legal notice in the Services and/or documentation provided to You by Hubhopper or in any copy of or any component of either of them; and
- You must not directly or indirectly assist or permit any other person to do any of these things.
5. OWNERSHIP AND PROPRIETARY RIGHTS
5.1 Your Content:As between You and Hubhopper, You own and/or control Your Content. Hubhopper does not claim any ownership rights to nor any responsibility over Your Content. You acknowledge and agree that Your Content remains solely Your responsibility. You must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any of Your Content to which You do not hold the necessary rights. Any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, making available or otherwise communicating to the public via the WebApp), independent of whether it is or becomes unauthorized, may constitute an infringement of third party rights and is strictly prohibited.
5.2 Hubhopper IP: Your use of the WebApp is and at all times shall be governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of the intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your access to the WebApp.
- Hubhopper does not own and retains all the Intellectual Property Rights with respect to the content made available to You through the WebApp but only owns the intellectual property with respect to the content which is owned by Hubhopper.
- The content available on the WebApp includes third-party materials. You acknowledge that such third parties retain ownership and all rights in such materials, and You will not infringe the rights of any such third parties in any manner, including without limitation, reverse engineering, decompiling, disassembling, or otherwise tampering with such materials.
- The Content is protected by copyright, patent, trademark, and other laws and proprietary rights, and all ownership rights to them remain with (as the case may be) the relevant third parties or Hubhopper, their licensors, or its suppliers.
- The trademarks, brands, and service marks under which the WebApp runs are registered under the Trademarks Act, 1999, and other applicable laws and constitute the sole property of Hubhopper. Hubhopper owns all the copyrights and databases in relation to it. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or non-commercial purposes without the express prior written consent of Hubhopper.
- You further agree not to make use of the content in a manner that would infringe the copyright therein. You acknowledge that Hubhopper retains exclusive ownership of the Service and all intellectual property rights associated therewith.
- Except as expressly provided herein, You are not granted any rights or license to patents, copyrights, trade secrets, or trademarks with respect to the Service or the content, and Hubhopper reserves all rights not expressly granted hereunder.
- You shall promptly notify Hubhopper in writing upon Your discovery of any unauthorized use or infringement of the Service (or the content) or Hubhopper's patent, copyright, trade secret, trademarks, or other intellectual property rights.
- You will not create any derivative works of whatever kind or nature of any content without the prior written consent of the relevant third party and/or Hubhopper (as applicable), even if such derivative works are not meant for commercial use.
- By posting messages, submitting reviews, inputting data, suggesting playlists, suggesting ideas, or engaging in any other form of communication through the Service (collectively referred herein as 'User Material'), You are not forfeiting any ownership rights in such User Material, and You continue to retain all of the same ownership rights.
- By submitting or posting the User Material, You represent and warrant that You own the User Material.
- You also represent and warrant that the posting of Your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
- By submitting or posting the User Material, You agree that Your submission of the User Material does not in any way implicate You as an employee, agent, or partner of Hubhopper.
You are expected to respect and protect their intellectual property rights with respect to the content provided on the WebApp irrespective of the ownership.
Hubhopper respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by You.
5.3 Other cases: Other cases: The content provided to You via this WebApp may or may not be wholly owned by Hubhopper and Hubhopper does not claim any ownership rights for the same. Hubhopper may also provide the content to its users through its allied partners and Hubhopper shall not take liability for the content that is not owned by it. Hubhopper shall also be providing Hubhopper Original content, for which Hubhopper may or may not own all the rights but may have rights limited to hosting and distribution. The content provided to You via this WebApp is discovered by Hubhopper and its community. All Intellectual property rights with respect to content may be owned by the publishers and content creators, not Hubhopper. Such content available over the WebApp is directly streamed from the host servers and the copyright holder of such content may at any time request for the removal of their content through the “Add/Remove” option on our Main Page or by writing to us at firstname.lastname@example.org.
6. LICENSES GRANTED BY YOU
6.1 Your Content: By making Your Content available to the WebApp, and entering into this Agreement, You hereby grant Hubhopper the worldwide, non-exclusive, royalty-free right (including the right to sublicense) to: (a) use, copy, reproduce, transmit, modify, publicly perform, display publicly, promote, market, distribute, and otherwise make Your Content available to end users and third parties including via download and streaming; and Hubhopper may only use that Content in connection with the Service and Hubhopper’s (and its successors and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.
6.2 Data Use: You acknowledge and agree that Hubhopper will be entitled to use data contained in or derived from Your Content and Your usage of the Service both during and beyond the term of Your Agreement for performance of the Services, analytics, platform monitoring, product improvement and promotion.
6.3 Linked Services: You acknowledge that the foregoing licenses in this section will extend to operators and users of any other websites, applications and/or platforms to which Your Content has been shared or embedded by Hubhopper including, but not limited to, third party platforms and/or services where Podcasts and related content are made available (collectively, "Linked Services"). The licenses granted in this section are granted separately with respect to each item of Your Content. Licenses with respect to Your Content, and any images or text within Your account, will (subject to Section 3) terminate automatically when You remove such Content from Your account.
6.4 Removal of files: Removal of files in Your Content from Your account will result in the deletion of the relevant files from Hubhopper's systems and servers. However, You acknowledge that once Your Content is distributed to a Linked Service, Hubhopper is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of Hubhopper or any Linked Service deletes any item of Your Content. In addition, listeners who have downloaded Your Content prior to termination will be able to keep such copies.
7. USER GENERATED CONTENT
- You may post, upload or otherwise create content which (which may include, for example, images, texts, messages, information, audio, audio-visual clips, playlist titles, descriptions and compilations (collectively referred to as “User Content”) on the WebApp and You retain the ownership of User Content.
- You agree not to post, upload, or otherwise create content if You are not the owner of or do not have all required rights, licenses and other ancillary permissions.
- You grant Hubhopper certain non-exclusive rights for providing services including but not limited to publish, distribute, host and monetize of User Content. You grant Hubhopper the following non-exclusive rights: a worldwide, sublicensable and transferable right to use, copy, modify, publish, distribute, and process content, information and other relevant materials that You provide through the WebApp, without any further consent, notice or compensation to You or others.
- Hubhopper shall have the right to suspend or withdraw Your Content or to block any portion of the Content from the Platform at any time for any reason, including but not limited to (i) requirements under any applicable laws in any part of the Territory; (ii) comply with local censorship and broadcasting laws, regulations, advisories or comply with Hubhopper’s internal standards and practices (such standards and practices shall be in consonance with the censorship/self-regulation practices and applicable laws and regulation) (iii) upon any Third Party Claim being made in respect of Content; (iv) any legal proceeding being instituted or notices being issued in respect of Content to Hubhopper and/or You (“Default”). In such an event, You shall at Your own cost, cure such Default within 15 (fifteen) days from receiving written notice (emails allowed) of such Default.
- Other Users may access and share Your User Content and information, via the Site, social media, email, and otherwise.
- If You wish to remove Your User Content from the WebApp, You can do that directly through the option provided on our Main Page or You send an email to email@example.com and we will do so within 7 business days of receiving the request. (However, we may retain copies of Your User Content, not accessible to the public, on our backup servers even after You request removal.)
- You are solely responsible for the User Content that You make available via the WebApp. Hubhopper does not make any review of the User Content and Hubhopper is merely providing You a platform for the online distribution and for publication of Your User Content. Hubhopper is not responsible for the content of the activities of the Users in any manner.
- You acknowledge that by providing You the ability to create, upload and distribute User Generated Content, Hubhopper is acting as a mediator platform for distribution of such content, and is not undertaking any obligation or liability relating to the User generated Content and activities.
- Hubhopper does not take guarantee of the accuracy, integrity, completeness, non- infringement or quality of such content.
- You are solely responsible for Your account and the activity that occurs while signed in to or while using Your account;
- You agree to abide by the Community Guidelines.
- You will not use the personal data of any individuals that did not consent on such use, and You will comply with all Your obligations as data controller of the personal data You use (under any applicable rules, including Digital Personal Data Protection Act, 2023 and General Data Protection Regulation), accepting sole liability for any data protection breaches and agreeing to indemnify us, and hold us harmless, for any claim made against us on the grounds of a data protection violation committed by You or in relation to Your User Content; Complying with Your obligations as data controller include using personal data of third parties only for lawful purposes, obtaining express consent or relying on other available processing grounds; ensuring the accuracy and correctness of the data You share; comply with any requests from the data subjects to access, correct and remove any such data; comply with security obligations. Please refrain from using personal data of third parties in Your content if You cannot ensure compliance with the applicable laws.
- You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that You make available or access through Your use of the WebApp is solely Your responsibility.
- Hubhopper is not responsible for any public display or misuse of Your User Content. Hubhopper does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we use, may monitor and/or record Your interactions with the WebApp.
8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER
8.1 Mutual Representation and Warranties: Each party represents, warrants and covenants to the other party that: (i) it has the necessary power, authority and capacity to perform its obligations under this Agreement; and (ii) that this Agreement has been duly executed and delivered by such Party and is a valid and binding obligation enforceable against it in accordance with its terms.
8.2 Hubhopper’s Representation and warranties: Hubhopper represents and warrants that, to Hubhopper’s knowledge, as of the Effective Date of the Agreement, the Services do not violate any Intellectual Property Rights and there are no pending or threatened suits, actions or proceedings against Hubhopper that would affect the provision of Services.
8.3 Your Representation and Warranties: You hereby represent and warrant that:
- Your Content does not infringe the intellectual property rights of any third party;
- You shall comply with all applicable local, state, national and foreign laws in connection with its use of the SaaS Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data;
- You shall not, whether during or after the Term of this Agreement, make any announcements or statements to any person that is or may be derogatory, defamatory or prejudicial to Hubhopper or any of its affiliates, directors, employees, officers, agents or advisors, in any manner;
- The Content developed by You shall not contain any materials that are obscene, libelous, defamatory in any manner, to any person, or to any religious groups or communities, or contrary to public policy, or capable of stirring any communal discontent in any part of the Territory;
- The Content shall not (a) contain any worms, viruses, spyware, adware, software disabling codes, or other malicious or intrusive software, (b) result in the accidental loss or destruction of, or damage to, any information including personal data of the End-User and/or the functionality of the Platform.
8.4 Disclaimer: Except for warranties expressly made in this Agreement, You acknowledge and agree that the materials on Hubhopper's WebApp is provided "AS IS". Hubhopper does not guarantee the accuracy, completeness, or usefulness of any information and neither does Hubhopper adopt or endorse, nor Hubhopper responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Hubhopper. Hubhopper makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a purpose, or non-infringement of intellectual property or other violation of rights. In furtherance, Hubhopper shall not be liable for any misuse or data theft because of Your use of the WebApp. Hubhopper also does not warrant that the functions contained in the WebApp will be uninterrupted or error free, that defects will be corrected, or the servers that make them available are free of viruses or other harmful components. Under no circumstances will Hubhopper be responsible for any loss or damage resulting from anyone’s reliance on information or other User Content posted on the WebApp, or transmitted to users.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither party shall be liable, under or in relation to this agreement, for any indirect, consequential, special, punitive, exemplary, aggravated, economical or other similar damages, howsoever caused, and irrespective of whether the party from which damages are being sought, its supplier(s) or any of their lawful agents, contractors, or employees, had been advised of, had knowledge of, or reasonably could have foreseen the possibility of such damages. In addition, in no event will Hubhopper be liable to You for: (i) direct damages or losses resulting from any act or omission of any third party not hired directly by Hubhopper, (ii) damages or losses caused due to any act or omission by You, or Your employees, agents or subcontractors; or (iii) any fines or penalties assessed for Your failure to comply with any law or governmental regulations (including the rules). To the maximum extent permitted by applicable law, Hubhopper’s total aggregate liability for all claims arising out of or in relation to this agreement shall be limited to the total amount of fees paid by You to Hubhopper under this agreement. The foregoing limitation of liability shall not apply to: (a) confidentiality obligations; or (b) willful misconduct, fraud or gross negligence.
To the extent authorized by law, You agree to indemnify, defend and hold harmless Hubhopper, its employees, officers, directors, affiliates, and agents from and against any and all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) Your violation of the Terms of this Agreement; (b) Your use or attempted use of any of the Services; and (c) User Content including without limitation any claim or infringement or misappropriation of intellectual property or other proprietary rights of any third party.
User shall (i) take all reasonable measures to protect the secrecy of and avoid disclosure or use of the Confidential Information of the Hubhopper in order to prevent it from falling into the public domain or the possession of any third party that is not authorized to have such information, including, but not limited to, the highest degree of care that the receiving party utilizes to protect its own Confidential Information of a similar nature, which will be no less than reasonable care; (ii) not use or disclose such Confidential Information except in connection with the purposes of this Agreement, unless authorized in writing by the other party or compelled by an order of a court of competent jurisdiction; (iii) not disclose or permit disclosure of any Confidential Information of Hubhopper to third parties, or to employees of the User receiving Confidential Information, other than directors, officers, employees, consultants, and agents who are required to have the information in order to carry out the purposes of this Agreement. All materials containing the other party’s Confidential Information shall be destroyed or returned, as instructed by Hubhopper promptly upon request. You shall immediately notify Hubhopper of any unauthorized use or security breach of Confidential Information as soon as You become aware of any such unauthorized use or breach.
12. RIGHT TO MONETIZE
You grant Hubhopper the right to monetize Your Content through the Hubhopper Platform (and such monetization may include stitching ads on Content). You may become eligible for revenue sharing with us from ads being served on Your content. To know if You are eligible for revenue sharing or opting out of this monetization program, Please write to us at firstname.lastname@example.org
This Agreement shall not be deemed to create any partnership, joint venture, agency or employment relationship between the Parties. It is hereby agreed that this Agreement is on a ‘principal to principal’ basis and neither Party shall describe itself as an agent or representative of the other Party, or pledge tvhe credit of the other Party in any way or make any representations or give any warranties to any third party which may require the other Party to undertake or be liable, whether directly or indirectly, for any obligation and/or responsibility to any third party, or enter into contracts on behalf of the other Party.
Neither Party shall be entitled to assign this Agreement whether in whole or in part, and any of their rights or obligations under this Agreement to any third person, except with the prior written consent of the other Party.
15. PAYMENT AND BILLINGS
After successful registration of Your account, If You want to opt for Pro Plan for accessing the exclusive services of Hubhopper Studio in the Territory where You reside, You will be required to pay fee as per package options as may be made available by Hubhopper from time-to-time (“ Subscription Fee ”). The subscription Fee is exclusive of all applicable taxes. You will be required to make the payment through the WebApp Portal as prescribed or available to become a Pro Plan User. On successful completion of the payment towards the Subscription Fee and post authentication, Service subscribed by You will become active and You will be granted access to the Service. Your Pro Plan will continue until terminated. In certain cases, post-completion of the payment of the Subscription Fee, Your Service activation may be delayed due to operational and/or technical reasons. To use the Pro Plan service, You must have an active internet connection and a supported device, and provide us with one or more Payment Methods. “Payment Method” means a valid, acceptable method of payment, as may be updated from time to time, and which may include payment through Your account via a third party. Unless You cancel Your Pro Plan subscription before Your billing date, You authorize us to charge the Subscription Fee for the next billing cycle to Your Payment Method. (See “Cancellation” below). If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and You do not cancel Your account, Your account will be suspended and Your access to the Service will be stopped until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge You certain fees, such as foreign transaction fees or other fees relating to the processing of Your Payment Method. Local tax charges may vary depending upon Your location and on the Payment Method used. In case the payment has been debited but the subscription has not started, or payment has been debited twice, You may write to us at email@example.com. We shall investigate and shall issue a refund within 5-7 business days after verification. Hubhopper may offer subscription plans which may include plans offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Subscription plans and the price of Services offered may change from time to time; however, any price changes or changes to Your subscription plans will apply no earlier than 30 days following notice to You. Please write to us at firstname.lastname@example.org for any payment-related query.
You can cancel Your Pro Plan service at any time, and You will continue to have access to the Pro Plan through the end of Your Billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial time periods or unused Pro plan Use. To cancel, go to settings page and click the pricing option and then select cancel for cancellation of the subscription. If You cancel Your subscription, Your account will automatically close at the end of Your current billing period. To see when Your account will close, go to settings and click "Pricing" on the Main page. If You have signed up for Pro Plan using Your account with a third party as a Payment Method and wish to cancel Your subscription, You may need to do so through such third party, for example by visiting Your account with the applicable third party and turning off auto-renew, or unsubscribing from the Pro Plan subscription service through that third party.
*Notwithstanding anything to the contrary contained in Clause 3.2 Cancellation shall only be applicable to free and pro plan users.
The WebApp may contain advertising content from Hubhopper or any other third party. Hubhopper does not take any responsibility of any such third party advertising materials, and will not be liable for any of Your actions or purchases or losses that You may suffer in relation to or as a result of any such advertising.
You are solely responsible for maintaining the confidentiality of Your passwords that You use to access the WebApp and Hubhopper is not responsible for any misuse or hacking of Your account. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorized use of Your device, You will notify the relevant authorities according to the applicable laws including but not limited to the police, Cyber Cell as per Your jurisdiction as soon as possible. You will also provide an intimation to Hubhopper in case of such unauthorized usage.
20. DATA AND MOBILE PHONE CHARGES
You are solely responsible for bearing any mobile and data charges that may be incurred using our services, including any text messages or any other technologies. If You are unsure about the charges, You may ask Your Service Provider about the same before using our Services. By providing with Your mail address and phone number, You agree to receive messages or mails related to our Services including any promotional items. If You change any information related to Your phone number and mail address, You must update the account information within 72 hours to prevent us from sending messages or mails intended for You to someone else.
Hubhopper does not represent or warrant that the WebApp will be error-free, free of viruses or other harmful components, or that defects will be corrected.
Hubhopper does not warrant or represent that the information available on or through the App will be correct, accurate, timely, or otherwise reliable.
Hubhopper has not reviewed all the sites linked to its WebApp and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hubhopper of the site. The liked sites are not under the control of Hubhopper and use of any such linked WebApp is at the user's own risk.
23. RIGHT TO INVESTIGATE
Hubhopper reserves the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
24. FORCE MAJEURE
Neither Party shall be liable to each other for any “Event of Force Majeure” which means an act of God including but not limited to fire, flood, earthquake, wind, storm, or other natural disaster; act of any sovereign authority including but not limited to war, invasion, act of foreign enemies, hostilities (whether war be declared or not) civil war, rebellion, terrorist attacks, revolution, insurrection, military or usurped power or confiscation, nationalization, requisition, destruction or damage to property by or under the order of any government or public or local authority or imposition of government law, judgment, order or decree, sanction, embargo or similar action, blockade or labour dispute/unrest, bandh whether declared by any political party or otherwise or any other civil interruption or situation including but not limited to strike, lockout or boycott; epidemic or pandemic (including Covid-19 and its other variants); failure of the transportation of any personnel, equipment, input, machinery, supply or material required; any other matter or cause beyond the control of the Parties.
25. JURISDICTION AND DISPUTE RESOLUTION
This Agreement will be governed by the laws of India, without regard to its conflicts of law provisions; and You hereby consent to the exclusive jurisdiction of courts in New Delhi, India.
In the event of any dispute, difference, proceedings, controversy or claim of whatsoever nature arising under, out of or in connection with or relating to the interpretation, enforcement, or performance of the terms and conditions of this agreement, such dispute, controversy, or claim shall be governed and construed in accordance with the laws of India and the courts at New Delhi shall have the exclusive jurisdiction to adjudicate such dispute, controversy or claim. Any dispute, controversy, or claim arising out of or relating to this Agreement including any question regarding its existence, validity, termination or interpretation thereof, which cannot be amicably resolved by the Parties, shall be first settled by way of Arbitration before a sole arbitrator to be appointed by both the parties. Arbitration shall be governed by and conducted in accordance with the provisions of the Arbitration and Conciliation Act,1996. The governing law shall be the laws of India and the Arbitration will only take place in New Delhi in the English language.
The contact details of the Grievance Officer are provided below:
Name: Nikhil Kapoor
Email Address: email@example.com
Name: Nikhil Kapoor
Phone Number: +91 7428511993