This Agreement was last updated December 1, 2021 and replaces any previous version.
1. License. hubiVue grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use The App for Your personal and internal business purposes strictly in accordance with this Agreement.
2. Your Account. Your use of The App requires that You have an account with hubiVue and agree to the terms of this Agreement.
3. Changes to this Agreement. hubiVue reserves the right to modify this Agreement at any time and for any reason. hubiVue will post the most current version of this Agreement at https://www.hubivue.com/terms - if hubiVue makes material changes to this Agreement, You will receive notification via The App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at hubiVue’s website even if these updated terms appear online at hubiVue’s website before being posted on The App. Your continued use of The App after hubiVue publishes notice of changes to this Agreement indicates Your consent to the updated terms.
4. No Included Maintenance and Support. hubiVue may deploy changes, updates, or enhancements to The App at any time. hubiVue may provide maintenance and support for The App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS App) nor Google (for Android App) has an obligation to furnish any maintenance or support services in connection with The App.
5. Acceptable Use. You agree that You will not use or encourage others to use The App in a way that could harm or impair others’ use of The App. You also agree not to violate the usage limits or controls set forth by: (a) The App Store Terms of Service, for iOS users accessing The App on an Apple product, or (b) Google Play Terms of Service for Android users accessing The App on an Android product.
7. Consent to Electronic Communications and Solicitation. By downloading The App, You authorize hubiVue to send You (including via email and push notifications) information regarding The App, such as: (a) notices about Your use of The App, including notices of violations of use; (b) updates to The App and new features or products; and (c) promotional information and materials regarding hubiVue's products and services.
8. No Warranty. YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. hubiVue EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of The App is solely Your responsibility, and downloading The App is done at Your own risk. hubiVue does not represent or warrant that The App and Your device are compatible or that The App will work on Your device.
8.1 iOS Application. In the event of hubiVue’s failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for The App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
8.2 Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Intellectual Property Rights. In the event of a third party claim that The App, or Your possession and use of The App, infringes third party’s intellectual property rights, hubiVue will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
10. Compliance. You represent and warrant that (i) You are not located in a 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
11. Governing Law. This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with Australian law.
12. Contact Information. If You have any questions regarding this Agreement, please contact hubiVue at https://hubivue.com/contact or by email at firstname.lastname@example.org
13. Third Party Beneficiaries. This Agreement is executed between You and hubiVue and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this Agreement or Your use of The App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this Agreement, allows Apple or Google, as applicable, to enforce this Agreement against You as a third party beneficiary thereof. hubiVue is not responsible for any applicable third-party agreement between You and any third-party.