Hubble Connected Terms of Service
Effective May 24, 2017
Hubble Connected (HK) Ltd (‘Hubble Connected’, ‘we’, ‘us’ or ‘our’) is pleased to offer our software and our Web site at www.hubbleconnected.com to our valued customers (‘Customer’, ‘you’, ‘yours’) with a strong dedication to security and privacy. This Terms of Service Agreement (‘Agreement’ or ‘Terms of Service’) is entered into by and between Hubble Connected and you, individually or on behalf of the entity you represent (‘User’ or ‘you’). This Agreement, along with any other terms or rules that we may post on the www.hubbleconnected.com Web site and/or present as part of the Services (as such term is defined below), which are incorporated herein, governs any and all use of the Site and/or the Services (as such terms are defined below).
Please read this Agreement carefully as it affects your legal rights and obligations.
By using the Site and/or the Services, you accept and agree to be bound by the terms of this Agreement. If you do not accept all the terms of this Agreement, you should not use (and you have no right to use) the Site or Services, and you should cease any use immediately.
1.0 – Terms of Service
Hubble Connected operates the www.hubbleconnected.com Web site and all content and features offered on the Web site (the ‘Site’ or ‘Sites’). Hubble Connected also offers software that is featured on the Sites (the 'Web Applications' or 'Web Apps') and software that is able to be downloaded to mobile devices, smartphones and tablets (the 'Mobile Applications or 'Mobile Apps) to be used with connected devices ('Device Profiles', 'Device(s)', 'Camera', 'Cameras' or 'Baby Monitors') that are compatible with the Web Apps and Mobile Apps (collectively, the ‘Service’ or ‘Services’). The Web Apps and Mobile Apps are referred to herein collectively as the ‘Software’.
The Service is offered to consumers as a companion to approved Device Profiles only. An approved Device is enabled for use with the Services by a unique ID that must be present in order to bond the camera with an active account. Once activated the features of the camera are combined and enhanced by features that are deployed from the Service for a variety of platforms.
Hubble Connected may as described in this Agreement discontinue the operation of, or prohibit you from accessing or using, the Site or Services (or components thereof) at any time including if you violate this Agreement or fail to make payments to Hubble Connected under the terms of this Agreement or as otherwise specified on the Site. We may amend these Terms of Service from time to time by changing this page so please check these Terms of Service prior to using the Site or ordering or using any Services to ensure that you understand the terms and conditions which will apply at that time. These Terms of Service were most recently updated on [insert date]. If the Agreement is modified, we will post the updated Agreement on the Site, and will prompt you to agree the new terms of service.
3.0 – User Representations
You represent to us that you are:
- An adult, no less than 18 years of age;
- An individual with the right, authority and the capacity to accept and agree on behalf of yourself or an individual with the right, authority and the capacity to accept and agree on behalf of the entity you represent, as the case may be; and
- An individual with no legal restrictions that would prevent agreeing to the terms and conditions of this Agreement or the access and purchase of the Site and Services.
4.0 – Copyright Notice
All content and copyrighted and copyrightable materials on the Site or used in the Services, including, without limitation, the text, graphics, pictures, videos, sound files and other files, design, compilation, Hubble logo, software code, and documentation, along with the selection, arrangement, organization and magnetic translation thereof (collectively the ‘Materials’) are the property of Hubble Connected or its third-party licensors and are protected, as the case may be, by country-specific and international copyright laws. Hubble Connected or its third-party licensors own all right, title and interest in and to the Materials, and nothing in this Agreement shall be interpreted to grant a license or ownership interest in or to the Materials. Unless explicitly allowed under mandatory applicable law, none of the Materials may be copied, in whole or in part, without express written permission by the copyright holder, and all rights are expressly reserved.
Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil law consequences.
5.0 – Trademark Notice
All domain names, logos, trademarks and service marks associated with the Site and/or Services, including without limitation HUBBLE, HUBBLE CONNECTED and the HUBBLE logo, are the sole property of Hubble Connected or its partners, suppliers or licensors, and may not be copied, imitated or used as trademarks or otherwise, in whole or in part, without the express prior written permission of Hubble Connected or the applicable owner. MOTOROLA and the stylized M logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used by Hubble Connected under license. Where applicable Hubble Connected utilize other licensed Trademarks and domains that remain the property of the Registered Owner and may not be copied.
6.0 – Use Rights and Limitations
6.1 – License Grant; Reservation of Rights
Hubble Connected hereby grants to you a royalty-free, personal, non-exclusive, non-transferable, non-sub licensable, limited right and license to use the Site and Services and to use, download and install the Mobile Apps on your personal computer(s) or personal mobile device(s) for your personal, non-commercial use and subject to the terms of this Agreement and any documentation and/or use instructions that accompany the Services or other features on the Site and only in connection with authorized use of the Site and/or Services. The Site and Services are protected by copyright and other intellectual property laws and Hubble Connected or its licensors own all right, title and interest therein. Except as expressly stated in this Agreement or a third-party agreement, no ownership right or license is granted under any patent, trademark, copyright, or any other intellectual property or proprietary right of Hubble Connected or any third party by reason of using the Site or the Services.
6.2 – Limitations on Use of Software
Unless and to the extent specifically provided otherwise in the Software or related documentation (including any Readme file) or permitted by the applicable law, you may not:
- Separate any individual component of the Software for use;
- Incorporate any portion of the Software into other software or compile any portion of it in combination with other software;
- Use it, or any portion of it, with any other service or over a network;
- Sell, rent, lease, lend, loan, distribute, assign or sublicense the Software or otherwise attempt to transfer any rights to it in whole or in part;
- Misrepresent the Software or any features of the Service as your own;
- remove any proprietary notices, obscure or remove branding or trademarks,
- Except to the extent permitted by applicable law, modify, reverse engineer, decompile, disassemble the Software in whole or in part, create any derivative works from or of the Software, or encourage, assist or authorize any other person to do any of these things; or
- Make copies of or distribute the Software or electronically transfer it or any portion of it from one computer to another or over a network.
You agree to abide by all laws and regulations in effect regarding your use of the Software, including without limitation, its unauthorized use in connection with any copyrighted content. You may not authorize or assist any third party to do any of the things prohibited in this Section 6.2.
6.3 – Limitations on Use of the Site and Services.
Unless as otherwise specifically stated in this Agreement or as agreed upon in writing between you and Hubble Connected, you may not, and you agree not to:
- Collect or use, in any manner and for any reason not specifically associated with your permitted use of the Site or the Services under the terms of this Agreement, any information or descriptions on the Site or related to the Services;
- “Frame” or use inclusion techniques to enclose any Hubble Connected or its licensees’ trademarks, logos, Services, or other content on the Site within another Web site or within any other digital content or otherwise misrepresent features of the Site or Services without due representation of the source and attribution to Hubble connected whether directly or indirectly;
- Use any data mining, scrapers, robots, or similar data gathering or extraction methods to obtain content or information about other users or otherwise from the Site or Services;
- Send malware, Trojans or any other type of damaging file or code;
- Share your account information with any stranger or limited acquaintance or knowingly use another user's account or password, impersonate or misrepresent your true identity;
- Access or attempt to access information from our employees or other third-parties through unauthorized methods;
- Encourage others to commit illegal activities;
- Share any content that is abusive, threatening, libelous, defamatory, obscene or pornographic or uses lewd, licentious or inappropriate language in any public forum;
- Use the Service to advertise products or services or solicit any person to buy or sell something or solicit donations or investments;
- Collect personal information from any part of the website for the purposes of marketing, solicitation or otherwise;
- Tamper with, copy or steal data, whether personal or otherwise, that does not belong to you;
- Record personal data for forensic or commercial uses;
- Harm minors in any way;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site Activity;
- Distribute, modify, license, resell, or make any commercial use of the Site or any content on the Site apart from using the Services for their intended uses;
- Use the Site or Services in any manner that violates a third party’s intellectual property rights, including the rights of copyright owners in any content that you use or modify in connection with the Site or Services;
- Attempt to gain unauthorized access to the Site or Services by any means, including hacking or password mining;
- Use the Site or Services for any purpose or post any content that is unlawful or prohibited by this Agreement; or
- Attack the security of our servers or any part of our networks or otherwise use the Site or Services in any way that could damage or overburden the Site or Services or interfere with any Hubble Connected server or networking equipment, Hubble Connected’s provision of the Site or Services, or any use of the Site or Services.
If in breaching any of these provisions we will see this as a breach of the terms set out in this Agreement and may choose to follow a process that may end in you being disconnected from the service. If you commit or we have reasonable cause to believe you have committed, a criminal offence, in addition to our other rights set out in these Terms of Service, we may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity and your Personal Content. You may not authorize or assist any third party to do any of the things prohibited in this Section 6.3.
7.0 – Copyright Infringement Notification Procedure
To file a copyright infringement notification with Hubble Connected, you will need to send communication that includes substantially the following (please consult your legal counsel or the applicable law in your region):
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity which you are requesting be removed or access to which be disabled, and information reasonably sufficient to permit us to locate the material. Please provide a URL to the material that is claimed to be infringing if possible.
(4) Information reasonably sufficient to permit contact with the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(5) A statement that the complaining party has 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.
(6) A statement that the information in the notification is accurate, and duly signed and notarized, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
ATTN: Hubble Connected (HK) Ltd
RM 902, Wilson House
Hong Kong, Central
Email To: firstname.lastname@example.org
Upon receiving a claim of copyright infringement, Hubble Connected may, at its sole discretion, immediately remove any materials that are the subject of the claim without providing prior notice to the user responsible for such materials. Hubble Connected may, at its sole discretion, decide to restore any removed materials depending on the specific facts of a given situation.
8.0 – Warranty Disclaimer
HUBBLE CONNECTED WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN ACCEPTABLE PERFORMANCE OF THE SITE AND SERVICES. HOWEVER, EXCEPT AS EXPRESSLY WARRANTED HEREIN OR IN OTHER DOCUMENTATION OF HUBBLE CONNECTED, THE SITE AND SERVICES ARE PROVIDED BY HUBBLE CONNECTED “AS IS”. YOUR USE OF THE SITE AND SERVICES, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SITE AND SERVICES, ARE AT YOUR OWN RISK. HUBBLE CONNECTED makes no representations about the accuracy, completeness, or suitability of any of the content INCLUDED IN THE SITE AND/OR SERVICES INCLUDING BUT NOT LIMITED TO MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Hubble Connected also makes no representation that the website will be available, uninterrupted, error-free, or free of viruses or other harmful components. statutory warranty rights, if any, of users remain unaffected.
9.0 – Public Forums and User-Submitted Content
The Site and/or Services may include or incorporate functionality that allows you to post reviews or feedback, interact with other users of the Site or Services, to post text and/or other content on message boards, or other publically accessible locations. You acknowledge that Hubble Connected will not proactively monitor or regulate any user-submitted content on any publically accessible forum, but Hubble Connected reserves the right to remove any user-submitted content or posts at its reasonable discretion. Opinions expressed on unmoderated message boards or in product reviews are the personal opinions of the original authors. Hubble Connected accepts no responsibility for these opinions and they do not necessarily reflect the opinions of the company. Any content that you post or upload to any public forum on the Site or related to the Services is considered non-confidential, and Hubble Connected has no obligations (whether of confidentiality, compensation or otherwise) with respect to such content.
When you use the Site or any of the Services, you agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any user-submitted content that:
(a) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
(b) is protected by any patent, trademark, trade secret, copyright or other intellectual or proprietary right, unless you own such rights or have received all necessary consent;
(c) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or interfere with someone else’s use of the Site;
(d) constitutes a charity request, petition for signatures, chain letter, letter or information relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or "spam," or an offering or dissemination of fraudulent goods, services, schemes or promotions;
(e) is sent via unsolicited emails, if such emails could reasonably be expected to provoke complaints from its recipients;
(f) is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or
(g) violates any applicable local, state, provincial, national or international law.
By posting user-submitted content, you represent and warrant that, by posting user-submitted content, you own or otherwise control all of the rights to your user-submitted content, including, without limitation, all the rights necessary for you to post or upload the user-submitted content. You further warrant that public posting and use of your content by Hubble Connected will not infringe or violate the rights of any third party.
10.0 – Contact Information for Hubble Connected
Contact phone numbers and e-mail addresses are published on the Web site at www.hubbleconnected.com/contact and this information will remain accurate at all times. General inquires or notifications related to this Agreement can be sent to email@example.com and a representative will make contact. You should be certain to include a valid phone number and account information at a minimum to ensure a quicker response.
Urgent communications with Hubble Connected Ltd. require expediency and should be handled differently. Please use the phone as a preference unless it is otherwise not possible to do so. If e-mail must be sent to firstname.lastname@example.org a response should be received within 24 hours or you should phone the support phone number instead. You should be very certain that your communication has been received by a representative and that they have acknowledged the information with a service ticket number.
It is important to note that e-mail will never be sent to you requesting Personal Information be provided via e-mail. The mechanism for collection and updates will always be either the Service (forms on the Web site, prompts) or phone conversation after identity has been verified.
11.0 – The Service
The Services include the Site and the features offered via the Site and the Software, including user accounts; remote access to live-streaming data on mobile devices or computer tablets via your account; motion detection and monitoring of private space using enabled connected cameras via your account; storage and retrieval of data via one of our service plans (outlined in the catalogue on Hubble Connect.com); access to third-party applications and software to work in conjunction with our services; and purchase of services or products.
A more detailed description of services can be found on the Site: www.hubbleconnected.com/servicedefinitions.
If your use of the Site or Services or disclosure of certain information to Hubble Connected would violate any law that is applicable to you, your right to use the Services and/or disclose such information is revoked.
12 – Hubble Connected Account
In order to access our services, you will be asked to register for an account. Each account set-up will require us to collect personally identifiable information from you, including but not limited to, a user ID and password. The information you provide must be accurate, truthful and up-to-date. If you register for an account using inaccurate, false or outdated information, Hubble Connect reserves the right to terminate your account without notice. Should your account be terminated for any reason, this may result in the deletion of all the information and data contained therein.
Hubble Connect supports the following configuration for each individual account:
- A maximum of twenty computer, tablet or mobile data smart devices logged in at one time.
- A maximum of ten cameras and/or other high-bandwidth devices logged in at one time.
- A maximum of one hundred low-bandwidth devices logged in at a time.
Once your account is activated, you are solely responsible for maintaining the confidentiality of your account and personally identifiable information. Hubble Connected reserves the right to take any action that it deems necessary or reasonable to ensure the security of the Site, the Services or your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, Hubble Connected may rely on the authority of anyone accessing your account or using your password. Hubble Connected will not be liable to you for any compromise of the confidentiality of your account or password not caused by Hubble Connected, in particular any unauthorized access to your account or use of your password. On the other hand, you may be liable for losses incurred by Hubble Connected as a result of someone else using your account or any unlawful use of your account. You are required to report immediately any unlawful use of your account or suspected violation of this Terms of Service. Hubble Connected reserves the right to involve local law enforcement as it deems appropriate for criminal acts it becomes aware of.
13 – Termination
All of the terms of this Agreement shall remain in effect until you or Hubble Connected terminates your account. You may terminate your account at any time. Please note that if you violate any of the terms of this agreement, Hubble Connected reserves the right to terminate your account without notice or liability, and Termination of your account may result in the destruction of all information and data, including but not limited to video and audio recordings, associated with your account. You will be responsible for immediate payment of any outstanding charges to your account.
You are permitted, within 14 days of creation of your user account, to cancel your subscription to the Service and receive a refund without any justification. The cancellation form is available online at www.hubbleconnected.com/cancel-service and this will delete your account and all personal information associated with it. All charges will be refunded within 14 days once product is returned to manufacturer. You will pay the return shipping charges for any Device, though the original cost of shipping will be refunded.
You will be responsible for immediate payment of any outstanding charges to your account in the event of any Termination.
14 – Billing and Payment
All applicable fees are outlined on the Site. Please note that fees are subject to change over time. It is your responsibility to regularly review the fees and take note of any changes. Per this agreement, you will pay all fees associated with your account and use of services in advance by debit, credit card or PayPal. All fees paid to Hubble Connected are non-refundable except as otherwise provided in this Agreement.
In the event that you do not pay the fees when they are due, we reserve the right to terminate your account or to restrict your access to services.
15 – Translation of Content
The materials related to the Site and Services are provided in English and translated to other languages in order to better support customers of other nationalities. Hubble Connected is - subject to section 17 below - not responsible for errors or omissions relating to such translation. If a conflict or inconsistency is detected between the English language materials and translated materials, it is the English language materials that will be considered accurate and controlling. Customers are encouraged to report any problems with the materials on this site to customer support so they can be addressed and corrected.
16.0 – Indemnity
You agree to indemnify and hold harmless Hubble Connected and all of its agents, employees, parent companies, subsidiaries and affiliates from and against any and all damages, losses, claims, liabilities, obligations, penalties, judgments, awards, costs, and expenses, including without limitation, legal fees, (collectively ‘Damages’) that might arise due to your violation of this Agreement, or resulting from your use of the Site and/or Services or your infringement upon the rights of any other party.
17.0 – Limitation of Liability
Hubble Connected is not responsible for the users who access its Services, the data you encounter via the Services, how you interpret or use such data, or any actions taken as a consequence of your encounters with such data. Exchanges or communications with persons or entities that occur via our website, including exchanges of products or Services, and any polices corresponding to such relations are solely the responsibility of you and the other party (or parties).
IN NO EVENT SHALL HUBBLE CONNECTED BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF HUBBLE CONNECTED, AND EVEN IF HUBBLE CONNECTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL HUBBLE CONNECTED BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, DIRECT OR INDIRECT, TO CUSTOMER OR THIRD-PARTY SUPPLIED EQUIPMENT ARISING OUT OF YOUR USE OF THE SITE OR SERVICES UNLESS SUCH DAMAGES ARE THE DIRECT RESULT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HUBBLE CONNECTED. THE LIABILITY OF HUBBLE CONNECTED FOR ANY CLAIMS OR DAMAGES ARISING FROM USE OF THE SITE AND/OR SERVICES, OR CLAIMS OR DAMAGES ARISING FROM THE INTERRUPTION OR LOSS OF USE THEREOF, SHALL BE LIMITED TO, AND YOUR EXCLUSIVE REMEDIES SHALL BE, AN OUTAGE CREDIT FOR THE AFFECTED SERVICE WHICH IS SPECIFIED IN ‘PLANS’ SECTION OF THE WEBSITE. IN ANY EVENT, HUBBLE CONNECTED’S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL SERVICE CHARGES PAID TO HUBBLE CONNECTED HEREUNDER IN THE THREE (3) MONTH PERIOD PRIOR TO THE OCCURRENCE GIVING RISE TO THE DAMAGES.
WHERE PROHIBITED BY APPLICABLE LAW, NOTHING IN THIS AGREEMENT SHALL OPERATE TO EXCLUDE OR LIMIT EITHER OUR OR YOUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
18.0 – Automatic Updates
Hubble Connected will also push out Mobile App updates when bug fixes, patches and feature improvements are finalized. We highly recommend that you enable automatic updating on your mobile device or that you promptly install all updates as they appear.
19.0 – Not Intended to Provide Critical Services
Hubble Connected is not a critical services provider and the Services are not intended to provide critical services. In other words, Hubble Connected cannot guarantee that the Devices, Software and server environment remain online at all times. Though Hubble Connected aims to provide close to perfect uptime of its Software and Services at 99%, it is impossible to predict the reliability of Internet connections, power and many other factors in the locations that Devices and other components are installed. Furthermore, Hubble Connected is not responsible for, and assumes no liability relating to or arising out of, your Devices or any firmware installed thereon.
YOU UNDERSTAND THAT HUBBLE CONNECTED IS NOT A “CRITICAL SERVICES PROVIDER” AND THE SERVICES ARE NOT “CRITICAL SERVICES” THAT ARE MONITORED OR GUARANTEED. DOWNTIME MAY OCCUR DUE TO FACTORS OUTSIDE OUR CONTROL. DO NOT RELY ON THE SERVICES FOR ANY LIFE THREATENING, CRITICAL OR EMERGENCY PURPOSE OR REQUIREMENT. DO NOT USE OR RELY ON THE SERVICE FOR CRITICAL SERVICES THAT MUST ALWAYS BE ONLINE OR OPERATE WITHOUT A BACKUP PLAN FOR DETECTING IF THE SERVICE BECOMES UNAVAILABLE FOR ANY REASON. YOU AGREE THAT HUBBLE CONNECTED IS NOT LIABLE TO YOU OR ANY THIRD-PARTY IN ANY WAY FOR DAMAGES AS A RESULT OF SERVICE OUTAGES, WHETHER OR NOT CAUSED BY HUBBLE CONNECTED.
YOU ACKNOWLEDGE THAT ONLY YOU HAVE ACCESS TO YOUR DATA AND VIDEO/AUDIO STREAMS, SO CONTENT IS NOT MONITORED AND WILL NOT RESULT IN EMERGENCY SERVICES BEING DISPATCHED TO YOU.
Notifications are provided through the Service to provide warning of outages, account changes and other events that are worthy of attention. Though we strive to deliver notifications as appropriate, the nature of e-mail, SMS or any other form of communication is inherently only as reliable as the service. YOU ACKNOWLEDGE THAT NOTIFICATIONS MAY NOT ARRIVE FOR REASONS OUTSIDE OF THE CONTROL OF HUBBLE CONNECTED AND/OR ITS PARTNERS. YOU AGREE THAT HUBBLE CONNECTED IS NOT LIABLE TO YOU OR ANY THIRD-PARTY FOR DAMAGES THAT RESULT BECAUSE THE SERVICE WAS UNABLE TO PROVIDE A NOTIFICATION FOR ANY REASON.
20.0 – Availability of Services; Downtime
Subject to the terms and conditions of this Agreement, Hubble Connected will use commercially reasonable efforts to provide access to the Services twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You acknowledge and agree that from time to time, the Services may be inaccessible or inoperable for various reasons, including: periodic maintenance procedures or upgrades (‘Scheduled Downtime’); software malfunctions; and causes caused by third parties or otherwise beyond Hubble Connected’s control or which are not reasonably foreseeable by Hubble Connected, including the interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, third-party failures or other failures (collectively ‘Non-Scheduled Downtime’). Hubble Connected will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Services in connection with a Non-Scheduled Downtime.
In the event Hubble Connected discovers or is notified by you of the existence of Non-Scheduled Downtime, Hubble Connected will take reasonable actions to determine the source of the problem. If the source of the problem is outside of the control of Hubble Connected, we will use commercially reasonable efforts to notify the party(ies) responsible and cooperate with such party(ies) to resolve the problem as soon as possible. If the source of the problem is within the control of Hubble Connected, we will use commercially reasonable efforts to resolve the problem as quickly as is reasonably possible after determining the source of the Non-Scheduled Downtime. However, it is also important to note that the source of any issues with the Services could be related to your own internet connection or the improper, inadequate or unsupported performance of your Device, computer, mobile device or other hardware or firmware installed on your Device.
YOU AGREE THAT HUBBLE CONNECTED IS NOT LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SUSPENSION, DISRUPTION, OUTAGES, ALTERATION OR DISCONTINUATION OF ANY PART OF THE SERVICES OR SITE FUNCTIONALITY THAT IS CAUSED BY ANYTHING OUT OF THE CONTROL OF HUBBLE CONNECTED, including, without limitation, an inadequate or unstable internet connection for the Device or the Services, Device or hardware malfunctions or inadequacies, or any failures of any third party FOR WHICH HUBBLE CONNECTED IS NOT RESPONSIBLE.
21.0 – Device Issues
The Service may include Devices that can exist without a connection or those that require the Service to operate fully and completely. Information provided by the Device manufacturer should clearly identify dependency on the Service in the documentation or any license agreements that accompany the Device and on the specifications or packaging. If the end user is not permitted to use the Service pursuant to the documentation, agreements or specifications that accompany the Device, the ability to use certain Devices in connection with the Services may be limited or may be otherwise impacted negatively. Hubble Connected is not responsible for providing this information or for any inability to use the Service with a given Device. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY ISSUES WITH, OR ANY INABILITY TO USE, A DEVICE OR FIRMWARE INSTALLED THEREON, IS WITH THE DEVICE SELLER OR MANUFACTURER. HUBBLE CONNECTED IS NOT RESPONSIBLE OR LIABLE FOR FUNDS LOST DUE TO PRODUCT PURCHASES WHERE THE SERVICE IS NOT ACCESSIBLE FOR REASONS RELATED TO THE DEVICE, THE FIRMWARE INSTALLED THEREON, OR THE DOCUMENTATION ACCOMPANYING SUCH DEVICE OR FIRMWARE.
Some devices have features that need to be enabled. For example, to use a camera as a baby monitor it must detect sound to trigger an action, whether it be recording video or sending notifications. This feature may not be enabled by default and it may be in a disabled state on your Device. You are responsible at all times for configuration of Devices to deploy features and the correct configuration of notifications so they are received correctly. You can refer to the User Manual for your Device for specific instructions on how to enable or disable optional features. HUBBLE CONNECTED IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES RELATING TO DEVICE OR FIRMWARE CONFIGURATION OR THE LACK THEREOF OR FOR NOTIFICATIONS THAT DO NOT SEND CORRECTLY OR REACH THE INTENDED RECIPIENT.
22.0 – Geographic Limitations; Supported Countries
The Service is available for use in Europe (EU AND EFTA), USA and Canada, but it not intended for all countries. If you use or access the Site or Service outside of the supported countries, as listed on the Site or in related documentation, it is at your own risk. YOU ACKNOWLEDGE THAT THE SERVICE IS NOT DESIGNED FOR USE IN A NON-SUPPORTED COUNTRY AND SOME OR ALL OF THE FEATURES MAY NOT WORK. HUBBLE CONNECTED IS NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY ACCESSING THE SERVICE FROM OUTSIDE A SUPPORTED COUNTRY.
23.0 – Open Source Code
Code is included in the Web Applications and Mobile Applications that is subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). Open Source Software is licensed under the terms of the license that accompanies the specific software. This Agreement does not restrict your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL or other open source licenses, and it is published in repositories online or available upon request via DVD-Rom.
The formal process to request access to open source code should be in writing. Format a simple request via e-mail or send a letter to the address below that contains the following information:
(i) A clear description, URL to, or screenshots of the component that is of interest to you. This will help us to identify which part of the software you are looking for.
(ii) Your mailing address or e-mail address for correspondence.
(iii) Your intended purpose for the request for our records.
Such written notice should be sent to our designated agent as follows:
Open Source Request
ATTN: Hubble Connected (HK) Ltd
RM 902, Wilson House
Hong Kong, Central
Email To: email@example.com
24.0 – Security of Data in Transit
Non-Personal Information is provided to the Service without encryption and is considered anonymous and unrelated to an individual. Non-Personal Information is considered Non-Confidential Information for purposes of this Agreement.
Hubble Connect is not responsible for how you use your own personal data or other users’ data. You, the user, bear sole responsibility for all personal data and content (including without limitation any audio and/or video content) you create and/or share using the services, as well as any claims made against you by another party or entity relating to your data. Should you choose to share your data with others, you do so at your own risk. Further, you are responsible for any loss or damage incurred as a result of exposure to any content you access using our services.
25.0 – Stored Data and Content
Unless specifically purchased by you as a subscription upgrade to the Service, Hubble Connected will not store any data or content transmitted from any Device associated with your account, and such data or content is not available or accessible by you or any third party. If you do purchase one of the subscription upgrade plans (as described at www.hubbleconnected.com/plans/), the motion-detected video and audio captured by your Device(s) will be stored by Hubble Connected’s cloud service partners, and you will be able to download or access such video, for the time period and as specified in the plan description. Any content captured by your Device(s) that is beyond the timeframe specified in your plan description will be permanently deleted. Hubble Connected will not backup or provide redundancy for any data or content, and if you decide that backup or redundancy is desirable it is solely your responsibility. You agree to assume any and all risk associated with failing to backup or make copies of your data or content, and Hubble Connected hereby - SUBJECT TO SECTION 17.0 ABOVE - disclaims all liability associated with a failure to backup or provide redundancy for such data or content.
Even if you purchase a subscription upgrade for the Service for the purpose of adding historic recall of data and video/audio content, your data and/or video/audio content will be permanently deleted from the Hubble Connected platform and associated servers if any of the following occur:
- If a Device is removed or disassociated from an account, all recorded data and content from that Device will be permanently deleted;
- If your subscription lapses or you otherwise fail to renew or pay for your subscription plan, all recorded data and content associated with your account will be permanently deleted;
26.0 – Third-party Websites and Products
Hubble Connected may post links to websites or products not owned by Hubble Connected, belonging to a third party. In so doing, we are not endorsing any such website or products. Hubble Connected bears no responsibility for the practices, content, functionality or accessibility of third party websites, Services and products. It is your sole responsibility to review and familiarize yourself with the terms and policies of third party websites, products and services, and to act in accordance with such third party policies. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGES RELATING TO THIRD PARTY PRODUCTS OR SERVICES THAT ARE ADVERTISED ON THE SITE.
27.0 – Response to Law Enforcement Inquiries
Hubble Connected will not view or access, or allow third parties to view or access, any data or content associated with your account. However, Hubble Connected undertakes no duty to resist any effort by law enforcement officials to obtain access to stored data, including content associated with an account or a specific Device, if Hubble Connected is presented with a warrant, subpoena, court orders or other law enforcement requests for such data or content. You acknowledge that Hubble Connected has no obligation to notify you of any such warrants, subpoenas, court orders or other law enforcement requests and, in some cases, Hubble Connected may be compelled to refrain from notifying you of such requests. Hubble Connected’s compliance with any warrant, subpoena, court orders or other law enforcement requests shall in no way be interpreted as Hubble Connected’s agreement or acquiescence to be governed by or subject to the laws of the subject jurisdiction or to be subject to personal jurisdiction of such jurisdiction.
28.0 – Dispute Resolution; Choice of Law
If you are a resident of the United States of America, this Agreement shall be construed and controlled by the laws of the state of Washington, U.S.A, and the exclusive venue for any action related to this Agreement shall be in the federal courts located in Spokane County, Washington, U.S.A. The Parties irrevocably submit to the venue and jurisdiction of such courts and waive any objections to such venue and jurisdiction, including, without limitation, objections based on venue, jurisdiction or an inconvenient forum.
If you are resident in Europe this Agreement shall be construed and controlled by the Laws of England and Wales and the Parties submit to the jurisdiction of the English and Welsh Courts.
If you are a resident of any country other than the Unites States of America, this Agreement shall be construed and controlled by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by arbitration administered by a single arbitrator appointed by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The location of any such arbitration shall be Hong Kong.
The UN Convention on Contracts for the International Sale of Goods does not apply.
29.0 – Severability
If any provision of this Agreement or portion thereof is determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, then such provision will, to the extent permitted by the court, not be voided but will instead be construed to give effect to its intent to the maximum extent permissible under applicable law and the remainder of this Agreement will remain in full force and effect according to its terms.