Welcome to InspireHUB!
Thanks for using the IHUBApp (“IHUBApp”). The IHUBApp is provided by InspireHUB Inc. (“InspireHUB”) located at 3963 Maple Ave., Suite 190, Dallas, Texas, 75219.
By using the IHUBApp, you are agreeing to these terms on behalf of your organization(“Terms”) so please be sure to read them carefully.
Your Content & Your Permissions
When you use the IHUBApp for your organization, your users will be engaging with the IHUBApp technology and uploading content such as files, videos, images, content, and so on (“Your Content”). The IHUBApp also provides your organization with engagement tools such as third-party content distribution, content previews, messaging capabilities, application management, user and group management, reporting, editing, sharing, searching, web apps, websites, registration, volunteer management and donation management. These and other features provide your users with the ability to contribute content, share their identities with other users, and provides you with access to their names and email addresses that are all stored within the confines of your IHUBApp. In making use of the IHUBApp technology, you agree to allow InspireHUB to access, store, and scan content that is uploaded into the IHUBApp by you or your users for the purposes of delivering various technology functionalities (such as providing reporting, assisting in troubleshooting, or any other tools, products or services necessary to deliver the IHUBApp technology). You give us permission to do those things, and this permission extends to trusted third-parties we work with.
Your Content & Your Responsibilities
InspireHUB, INC. is the creator of the IHUBApp a Progressive Web App technology that allows COMPANIES OR ORGANIZATIONS, UNDER THIS AGREEMENT, TO UTILIZE THE IHUBApp to engage THEIR RESPECTIVE AND OR TARGETED audience.
It is the ABSOLUTE LEGAL RESPONSIBILITY OF ANY COMPANY OR ORGANIZATION UTILIZING THE IHUBAPP TO MAINTAIN COMPLIANCE WITH ALL REGULATIONS AND APPLICABLE LAWS FOR DISTRIBUTION OF CONTENT, IMAGES, AND SHARING OF FILES AND LINKS, AND FURTHER, TO MAINTAIN ONGOING PROPER DILIGENCE TO MAINTAIN SUCH COMPLIANCE, INCLUDING ALL LAWS, STATUTES AND REGULATIONS FOR THE PROMOTION TO AND ENGAGEMENT WITH BY AND ALL MEANS, CHILDREN UNDER THE AGE OF 18.
You confirm that you have read the User Terms of Service which is a separate agreement from this Client Terms of Service that is enabled when your IHUBApp is made live and understand how it establishes a relationship between you and the users of your IHUBApp.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated and published such Content through your IHUBApp. InspireHUB may not monitor or control the Content posted via the IHUBApp and, we cannot take responsibility for such Content that you allow to be published through your IHUBApp. Any Content must comply with our Acceptable Use Policy. Content that you publish through the IHUBApp may be protected by others’ intellectual property rights. It is up to you to ensure proper compliance with all Copyright laws. As InspireHUB does not have control over what you decide to publish through your IHUBApp we therefore do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of your Content tor communications posted via your IHUBApp or endorse any opinions expressed through your IHUBApp.
Your Content & Your Rights
You retain your rights to any Content you submit, post or display on or through the IHUBApp. In the course of hosting your content on the IHUBApp, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. By submitting, posting or displaying Content on or through the IHUBApp, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all technology or distribution methods (now known or later developed).
You agree that this license includes the right for InspireHUB Inc. to review, provide, promote, and improve the IHUBApp and to make Content submitted to or through the IHUBApp available to other companies, organizations or individuals who partner with InspireHUB Inc. for the purposes of improving the IHUBApp subject to our terms and conditions for such Content use.
Such additional uses by InspireHUB Inc., or other companies, organizations or individuals who partner with InspireHUB Inc., may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
You are responsible for your use of the IHUBApp, for any Content you allow to be published through your IHUBApp, and for any consequences thereof, including the use of Your Content by other users. You understand the features of the IHUBApp allow your users that engage with Your Content tools that may allow Your Content to be syndicated, broadcast, distributed, or published by and if you do not have the right to this Content for such use, it may subject you to liability. InspireHUB Inc. will not be responsible or liable for any use of Your Content that is hosted on the IHUBApp in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you choose to allow your users or staff to publish via the IHUBApp.
Your Content & the IHUBApp
Some of the features of IHUBApp allows you and your users to upload, publish, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload, submit, publish, store, send or receive content to or through the IHUBApp, you give InspireHUB (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with the IHUBApp), communicate, publish, publicly perform, publicly display and distribute such content (such as when your IHUBApp is published to the worldwide web). The rights you grant in this license are for the limited purpose of operating, promoting, and improving the IHUBApp, and to develop new features and tools. Some of the IHUBApp offers you ways to access and remove content that has been provided to the IHUBApp. You are required to have necessary rights to grant us this license for any content that you submit to the IHUBApp.
Your Content & Restrictions Using the IHUBApp
You agree to be compliant with InspireHUB’s Acceptable Use Policy and to uphold this policy with those who use your IHUBApp. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the IHUBApp, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of InspireHUB Inc., its users and the public.
Your Content & Our Reporting
Our automated systems analyze your content (including emails) to provide you meaningful recommendations on how to better interact with your users through the IHUBApp. This analysis occurs as the content is sent, published, received, and when it is stored.
Your Content & Others
You understand that by using the IHUBApp, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive as your users upload content to your IHUBApp. Under no circumstances will InspireHUB Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You are responsible for your use of the IHUBApp, for any Content you publish on the IHUBApp, and for any consequences thereof. The Content you submit, post, or display may be able to be viewed by the general public (depending on the access you have granted), other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
The IHUBApp & Future Changes
The IHUBApp that InspireHUB Inc. provides is always evolving and the form and nature of the IHUBApp that InspireHUB Inc. provides may change from time to time without prior notice to you. In addition, InspireHUB Inc. may stop (permanently or temporarily) providing the IHUBApp (or any features within the IHUBApp) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The IHUBApp & Your Privacy
By using the IHUBApp, you consent to receiving electronic communications from InspireHUB relating to your account, in which you cannot opt-out of. These communications may involve sending emails to your email address provided during registration, or posting communications in your InspireHUB service account upon your log-in and will include notices about your account (ie., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with InspireHUB.
You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
The IHUBApp & Passwords
You are responsible for safeguarding passwords that you use to access the IHUBApp and for any activities or actions under your password. You are also responsible for ensuring the users of your IHUBApp understand their responsibility to do the same. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. InspireHUB Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
The IHUBApp & Your Usage
You may use the IHUBApp only if you can form a binding contract with InspireHUB Inc. and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of an organization, company, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Usage: Payment Terms, Billing and Cancellation
- Payment Terms
Your IHUBApp, will continue month-to-month unless and until you cancel your agreed upon payment terms or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the IHUBApp . We will bill the monthly fee in accordance with the program you registered under to your Payment Method.
- Recurring Billing. By registering your IHUBApp, you authorize us to charge you a monthly fee at the then current rate, and any other charges you may incur in connection with your use of the IHUBApp to your Payment Method. You acknowledge the amount billed each month may vary from month-to-month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Conditions, any price changes to your service will take effect following email notice to you.
iii. Billing Cycle. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your successful registration of the IHUBApp. Fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your payment began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you registered your IHUBApp or became a paying client on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future or similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by logging into your online account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
- Merchant Accounts. Should you consent to using IHUBpay as your primary merchant account, you must adhere to the Stripe API requirements located here.
viii) Cancellation. You may cancel your IHUBApp at any time by contacting the InspireHUB at 1-855-355-IHUB (4482) M-F 8am EST – 8pm EST for instructions on how to cancel via 30 days written notice with all fees due paid in full, and you will continue to have access to the service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS.
Usage: InspireHUB Inc. Rights
All right, title, and interest in and to the IHUBApp (excluding Content provided by your users or employees) are and will remain the exclusive property of InspireHUB Inc. and its licensors. The IHUBApp is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the InspireHUB Inc. name or any of the InspireHUB Inc. trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the IHUBApp to InspireHUB Inc., is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Usage: Copyright Policy
InspireHUB Inc. respects the intellectual property rights of others and expects our clients and their users of the IHUBApp to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
The Terms of Service for users of Your IHUBapp reserves the right for you to remove Content alleged to be infringing without prior notice, at your sole discretion, and without liability to the user of your IHUBapp. In appropriate circumstances, you may also terminate a user’s account if the user is determined to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
3963 Maple Ave., Suite 190
Dallas, Texas, 75219
Usage: Ending the IHUBApp
The Terms will continue to apply until terminated by either you or InspireHUB Inc. as follows.
You may end your legal agreement with InspireHUB Inc. at any time for any reason by deactivating your account(s) and discontinuing your use of the IHUBApp. You do need to specifically inform your assigned InspireHUB Inc. representative when you stop using the Services by contacting the InspireHUB at 1-855-355-IHUB (4482) M-F 8am EST – 8pmEST.
We may suspend or terminate your accounts or cease providing you with all or part of the IHUBApp at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
Usage: Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of InspireHUB Inc. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “InspireHUB Inc.Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- The Services are Available "AS-IS"
Your access to and use of the IHUBApp or any Content that is submitted by your IHUBApp users are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE INSPIREHUB INC. ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The IHUBApp is hosted via our service provider Microsoft Azure and as such the IHUBApp is impacted by the ability for our service provider to maintain their Service Level Agreements that are in place. Their Service Level Agreements can be viewed at: https://azure.microsoft.com/en-ca/support/legal/sla/summary/
InspireHUB Inc. Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the IHUBApp or any Content that is uploaded by you or the users of your IHUBApp; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the IHUBApp or any Content that is submitted by you or your users; (iii) the deletion of, or the failure to store or to transmit, any Content from you or your users and other communications maintained by the IHUBApp; and (iv) whether the IHUBApp will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the InspireHUB Inc. Entities or through the Services, will create any warranty not expressly made herein.
The IHUBApp allows you and your users to upload content that may contain links to third-party websites or resources. You acknowledge and agree that the InspireHUB Inc. Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the InspireHUB Inc. Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources by your or your users of the IHUBApp.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INSPIREHUB INC. ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE INSPIREHUB INC. ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID INSPIREHUB INC, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE INSPIREHUB INC. ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Usage: General Terms
- Waiver and Severability
The failure of InspireHUB Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Dallas, Texas, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding choice of law).
- Entire Agreement
We may revise these Terms from time to time, the most current version will always be at Terms of Service. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by InspireHUB Inc., 3963 Maple Ave., Suite 190, Dallas, Texas, 75219.
If you have any questions about these Terms, please contact us.
Effective: September 1st, 2013
Revised: February 5, 2017