Terms of service

Netsoft Holdings, LLC d/b/a Hubstaff (together with its Affiliates, “Hubstaff”) provides the Service to you in accordance with and subject to the following Terms of Service (these "Terms"). These Terms form part of the Agreement and define the terms and conditions under which you’re allowed to use the Services in accordance with the Agreement, and govern your access to and use of all software, mobile apps, websites, and related services provided to you by Hubstaff (collectively, the “Services”).

Please read these Terms carefully before you start to use the Services. By using the Services or signing up for an account, you accept and agree to be bound and abide by these Terms, Privacy Policy, and other applicable policies and terms of the Agreement. If you do not agree to the full Agreement, you must not access or use the Services.

1. Definitions

The following definitions apply to these Terms:

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
"Agreement" means these Terms, in addition to our Privacy Policy, Data Processing Agreement (“DPA”), Business Associate Agreement (“BAA”), Refund Policy, Spam Guidelines, Affiliate Terms, and any other electronic or written agreement as applicable between or applicable to Hubstaff and Customer, which govern the provision of the Service to you, as may be updated from time to time.
"Control" for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"Customer" means you or your organization or employer.
"Data Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data. You (or your organization or employer) is the Data Controller; Hubstaff is not the Data Controller, but the Data Processor, with respect to Processing of your Personal Data.
"Data Processor" means the entity which Processes Personal Data on behalf of the Data Controller, including as applicable any “service provider” as that term is defined by the CCPA. Hubstaff is the Data Processor that has been retained by the Data Controller (you or your organization or employer) to Process your Personal Data on behalf of the Data Controller (Hubstaff).
"Data Protection Laws" means any and all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland, the United Kingdom and the United States and its states, applicable to the Processing of Personal Data under the Agreement as amended from time to time, including but not limited to EU Data Protection Laws and Non-EU Data Protection Laws applicable to the Processing of Personal Data under the Agreement.
"Hubstaff Talent" refers to a web-based directory that allows Users to post or view information about services for hire and qualifications of the Users.
"Platform" refers to Staff Monitoring Application, Project Management Application ("Hubstaff Tasks"), and Hubstaff Talent.
"Personal Data" means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws).
"Process" and “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
"Project Management Application" refers to Hubstaff’s web-based project management tool that allows Users to organize, assign, and track progress on tasks.
"Staff" refers to an individual within a User’s organization who is subject to the Staff Monitoring Application.
"Staff Monitoring Application" refers to Hubstaff’s software application that allows Users to track time worked, activities, locations, and other related information for individuals within the User’s organization. The Staff Monitoring Application is one aspect of the Service provided by Hubstaff under these terms.
"You," "Your," or "User" refers to anyone accessing or subject to the Service, including any Staff member, or User of the Project Management Application or Hubstaff Talent.

2. License for use of the service; identity authentication

The Service is licensed for use only under these Terms. Hubstaff reserves all rights not expressly granted to you, including title and exclusive ownership of the Service, any and all software or updates thereto and source code for the Service.

Upon registering for the Service, Hubstaff gives you the right to install the Service for use by the total number of Users you identify and authorize. The Service may not be used or accessed by (a) individuals who are not named individuals; or (b) any other software or hardware device that does not require a named individual to use or access it. A named individual means an individual identified by you by name who is authorized to use the Service, regardless of how such access occurs or if such individual uses any hardware or software that reduces the apparent number of Users who are using the Service, such as by using a terminal service. The Service may not be used or accessed by any other software or hardware device that does not require an individual to use or access it. Hubstaff reserves the right at any time to require you to provide a list of the named individual(s).

You may not rent, lease, lend, sell, redistribute or sublease the Service. These Terms will govern any upgrades provided by Hubstaff that replace and/or supplement the original Service. You agree to use your best efforts to protect the Service and upgrades from unauthorized use, reproduction, distribution, publication or alteration.

3. Hubstaff Talent

Hubstaff does not condition a User’s participation in Hubstaff Talent on the use or purchase of any other Hubstaff products or services (or vice versa). Hubstaff does not condition the receipt of any benefit to a Hubstaff Talent User upon the use of any other Hubstaff product or service.

4. Installation, customization, and updates

Installation of the Service and any required modification of the Service to accommodate your computer system must be performed by you. All updates, upgrades, enhancements and modifications to the Service MUST be performed by Hubstaff. Such updates include any changes or improvements to the Service, whether arising out of the Service’s particular configuration for your use or otherwise. At all times while these Terms are in effect, you shall provide Hubstaff with access to your computer system so that Hubstaff may install all updates. Failure to allow Hubstaff to install updates or to compensate Hubstaff for the installation of updates automatically terminates all warranties for any purpose related to the Service as well as your license to use the Service.

5. Term and fees

Provided prior notice of pricing is given to you, Hubstaff reserves the right to charge you for use of the Service on a periodic (e.g., weekly or monthly) basis or otherwise. These Terms shall begin upon your registration for the Services and shall continue until your use of the Service is terminated by you or by Hubstaff. You are responsible for all fees due to Hubstaff and any compensation due to any Marketplace Member prior to the termination date.

6. Termination

Upon the termination of these Terms, the Service and all updates may cease to properly function and all warranties, express or implied, regarding the Service shall terminate. Your rights under these terms will automatically terminate without notice from the Hubstaff if you fail to comply with any provision of these Terms. Further, Hubstaff may terminate the Service for any action taken by you that Hubstaff believes in its sole discretion is an inappropriate use of the Service even if not specifically detailed by these Terms, including, any use of the Service that is prohibited by federal, state, or local law. Any warranty regarding the Service will automatically terminate without notice if you fail to comply with any provision these Terms. The parties expressly acknowledge and agree that all provisions of these Terms that concern Copyright or other protectable interests of Hubstaff shall remain in full force and effect notwithstanding termination of any warranty or use of the Service.

7. Proprietary nature of the service

The Service and Platform are proprietary to, and valuable trade secrets of Hubstaff. You acknowledge the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, trademark, and service marks, and that you will only use such proprietary content, information, or materials for permitted uses under these Terms. The Service is entrusted to you only for the purposes set forth in these Terms. You will not reverse engineer, duplicate, translate, modify, copy, printout, disassemble, decompile or otherwise tamper with the Service or any software provided therewith. The parties acknowledge that any violation of this provision will cause irreparable harm to Hubstaff. As a consequence, the parties agree that if you fail to abide by these Terms, Hubstaff will be entitled to specific performance, including immediate issuance of a temporary restraining order or preliminary injunction enforcing these Terms, and to judgment for damages caused by such breach, and to any other remedies provided by law.

8. Consent to use of data

You agree that Hubstaff may collect and use technical data and User information as described in its Privacy Policy (https://hubstaff.com/privacy), and, including, but not limited to, information about you and your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of customization, updates, and other services to you (if any) related to the Service. Hubstaff may use this information, to improve the Service or to provide services or technologies to you. Hubstaff treats Personal Data differently from general information. Personal Data can be used to identify, locate or contact you. General information is information that is not Personal Data and is not associated with Personal Data. Hubstaff may convert Personal Data into general information by excluding information that is personally identifiable. You acknowledge that general information belongs to Hubstaff and that Hubstaff has the right to use such general information as it determines in its sole discretion. Hubstaff may Process information in the country where it was collected, as well as other countries (including the United States) where laws regarding Processing of Personal Data may be less stringent than the laws in your country. Hubstaff uses Personal Data for its own internal purposes, including contacting you via email to inform you about updates to the Service and providing you with information relating to transactions that you conduct on the Hubstaff’s website. Hubstaff may provide Personal Data to third parties who Process it in accordance with Hubstaff’s instructions in order for Hubstaff to provide Services to you (including processing payments for use of the Service). Hubstaff reserves the right to disclose your information if Hubstaff has a good-faith belief that the disclosure is (a) required by law, regulation, or legal process; (b) appropriate to detect, prevent, or remedy violations of these Terms, fraud, security, or technical issues; or (c) permitted in order to protect Hubstaff, other Users, or the public. If Hubstaff is involved in a change of control through sale of assets or otherwise, we will give notice before your Personal Data is transferred or becomes subject to a different privacy policy.

9. Content and linking to other websites

The Service may enable access to the Hubstaff Talent and the parties’ websites, as well as the websites of third parties (collectively, the "Websites"). The Websites may display, include, or make available content, data, information, applications or materials from third parties, including your data, or provide links to additional third-party websites ("Data and Materials"). By using the Service, you acknowledge and agree that Hubstaff is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect of the Websites. Hubstaff does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any data and materials on the Websites. To the extent you choose to access such Websites, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. Hubstaff reserves the right to change, suspend, remove, or disable access to the Websites at any time without notice. In no event will Hubstaff be liable for the removal of or disabling of access to any such Websites. Hubstaff may also impose limits on the use of or access to certain Websites, in any case and without notice or liability. You agree to use the Websites at your sole risk and that Hubstaff shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

10. User content

You agree that all information, data, text, sound, photographs, graphics, video, software, or other materials submitted, posted or displayed by you on or through the Service ("User Content") is your sole responsibility. Hubstaff claims no ownership or control over any User Content. By submitting, posting or displaying User Content on or through the Service, you grant Hubstaff a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, and adapt, such User Content to provide the Service to you. By submitting, posting or displaying User Content which is intended to be shared or made available to the general public, including through Hubstaff Talent, you grant Hubstaff a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Service and for the purpose of promoting Hubstaff and its services.

As a condition of using the Service, you agree not to use the Service to infringe the intellectual property rights of others in any way. You represent that you have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of the Service, you also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed in the Service retains any and all rights that may exist in such User Content.

Hubstaff may review and refuse to accept or remove any User Content in its sole discretion. Hubstaff reserves the right to expel Users and prevent their further access to the Services for violating these terms or applicable laws, rules or regulations. Hubstaff may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Hubstaff, damage Hubstaff’s public image or business. It is Hubstaff’s policy to terminate the accounts of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others.

Any profile you submit must accurately describe you, as an individual person, or an agency or organization that you are authorized to create a profile for. Profiles derived from User Content may be made available through the Service. Hubstaff does not make any representations regarding the accuracy or validity of such derived profiles, which may differ significantly from User Content.

11. Intellectual Property Rights

Trademarks

The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on www.hubstaff.com are the registered and/or unregistered Trademarks of Netsoft Holdings LLC, or such other third party that may own the displayed Trademarks. Nothing contained on this Web site or in these terms of service grants to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Web site without the written permission of Netsoft Holdings, LLC or such other third party that may own the displayed Trademarks.

Site contents and copyright

The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website ("Website Content") are all subject to patent, copyright, trademark and other intellectual property protection. Website Content may not be copied for commercial use or redistribution, nor may Website Content be modified, processed, or reposted to other websites. Access to and uses of this Website are solely for your purchase our services or for personal use, information, education and communication with Netsoft Holdings, LLC or www.hubstaff.com. You may download, copy or print the Website Content of this Website for your personal non-commercial use only. No right, title or interest in any of the Website Content of this Website is transferred to you as a result of any downloading, copying, printing or use of this Website. All rights not expressly granted to you by these Terms are reserved by Netsoft Holdings, LLC.

Identification of agent to receive notification of claimed copyright or trademark infringement

If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to the Service and is accessible in a way that constitutes copyright or trademark infringement, please contact Hubstaff by email at dave@hubstaff.com or by regular mail at:

Hubstaff
Attn: Copyright Legal
1650 Olio Rd #1000 - 193
Fishers, IN 46037

12. Disclaimer of warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. HUBSTAFF CANNOT AND DOES NOT WARRANT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. AS SUCH, YOU SHALL NOT RELY EXCLUSIVELY ON THE SERVICE FOR ANY REASON. THE SERVICE AND ANYTHING RELATED THERETO ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HUBSTAFF HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANYTHING RELATED THERETO, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HUBSTAFF OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

13. Privacy and cybersecurity indemnification

You agree that the Hubstaff Services and Platform are used to Process information and Personal Data that you provide on an individual basis or by way of a transfer by a business entity under these Terms, and for purposes of these Terms you are designated the Data Controller and Hubstaff is designated as the Data Processor. You further agree and acknowledge your obligations as the Data Controller under the Hubstaff Data Processing Agreement.

To the fullest extent permitted by law for all Personal Data that you collect, Process via the Services or maintain on the Platform, you shall indemnify and hold Hubstaff, its Affiliates, and their respective officers, directors, trustees, shareholders, employees, and agents (each an "Indemnified Party"), harmless from and against any and all damages and liabilities or third party claims against any Indemnified Party, for loss, cost, damage, or expense of every kind and nature (including, without limitation, penalties imposed by law, regulations, rules by any regulatory authority, court costs, expenses, and reasonable attorneys’ fees) to the extent arising out of, relating to privacy and cybersecurity requirements, including without limitation, failure to comply with Articles 5 to 21, and 32 to 37 of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council ("GDPR"), or resulting from, in whole or in part, the breach or non-compliance with this Agreement or the omission, negligence, gross negligence or willful misconduct by you or any of your representatives.

14. Limitation of liability

Hubstaff shall not be responsible for any loss or damage to you or any third parties caused by the service or information contained in the service. You waive any and all claims you may have against hubstaff arising out of the performance or nonperformance of the service. You specifically waive any and all claims you may have against hubstaff as a result of incorrect information content displayed by the service or changes to content made by you. Hubstaff shall not be liable for any direct, indirect, special, incidental, or consequential damage, whether based on contract or tort or any other legal theory, arising out of any use of the service or any performance of these terms, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the service, even if hubstaff has been advised of the possibility of such damages. In no event shall hubstaff’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount actually paid by you to hubstaff for the service in the 365 days immediately preceding the date that hubstaff receives notice of a claim in writing from you. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

15. Consent to electronic communications

By registering to use the Service or Platform, or by sending us or emails, faxes, push notifications, or text or voice messages, you are communicating with us electronically. And in doing so, you expressly consent to receive communications from us electronically via email, fax, push notification, or voice or text message, whether pre-recorded or auto-dialed ("Digital Means"). We will communicate with you by the aforementioned Digital Means, or by posting notices on the Services or Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For the Services and Platform that integrate with a mobile functionality, your carrier’s normal messaging; data and other rates and fees will still apply.

16. International Users consent to cross-border transfers of Personal Data

For those Hubstaff Users located outside the United States, you acknowledge and expressly consent to Hubstaff’s use of your Personal Data and further acknowledge that Hubstaff’s Processing of Personal Data is required to perform the Services or use the Platform. Further at times Personal Data will be accessible by individuals who are located worldwide including in countries that the European Commission or other geopolitical authorities have not determined to provide the same level of data protection as in your country, province, territory or geopolitical region, and that such information may be accessed by the courts, law enforcement and national security authorities of such jurisdictions. By providing us with your Personal Data, you are consenting to our use of it in accordance with these Terms, including the transfer of your information across international boundaries to jurisdictions anywhere in the world as permitted by local law.

17. No rights granted; Non-assignability

These Terms do not constitute a grant or an intention or commitment to grant any right, title, or interest in the Service or Hubstaff’s trade secrets to you. You may not sell or transfer any portion of the Service to any third party. You shall not identify the Service as coming from any source other than Hubstaff. These Terms are exclusive and personal to you. You shall not assign or otherwise transfer any rights or obligations under these Terms.

18. Miscellaneous provisions

Choice of Law. Regardless of the place of execution, delivery, performance or any other aspect of these Terms, these Terms and all of the rights of the parties under these Terms shall be governed by, construed under, and enforced in accordance with the procedural and substantive law of the State of Indiana, United States of America, to the exclusion of any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of these Terms to the substantive law of another jurisdiction.
Jurisdiction. You consent to personal jurisdiction in any of the state courts sitting in Hamilton County, Indiana, United States of America, and agree that any suit arising under these Terms shall exclusively be commenced and maintained in such courts.
General Indemnity. You agree to indemnify and hold Hubstaff and (as applicable) its related entities, Affiliates, and Hubstaff’s and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special, and consequential) of every kind and nature, known and unknown, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of any third party.
Attorney Fees and Expenses. In a dispute arising out of or related to these Terms, Hubstaff shall have the right to collect reasonable attorney fees and costs and necessary expenditures from you.
Severability. If a court finds any provision of these Terms invalid or unenforceable, the remainder of these Terms shall be interpreted so as best to affect the intent of the parties.
Effect of Waiver. The failure to exercise any right provided in these Terms shall not be a waiver of prior or subsequent rights.

19. Suggestions and feedback

Hubstaff welcomes feedback or inquiries about the Service. If you elect to provide any feedback or comments of any nature to Hubstaff, all feedback and comments shall be the sole and exclusive property of Hubstaff, and Hubstaff shall have the right to use such feedback in any manner and for any purpose in its exclusive discretion without remuneration, compensation, or attribution to you. Hubstaff is under no obligation, however, to use such feedback.

20. Refund policy

You can cancel your account at any point in time from your organization page, or by sending an email to support@hubstaff.com with the subject line, "Cancel". We would be glad to provide further instructions at that time on how to cancel your account if needed. There will be no refunds given except for specific situations where our support team deems it necessary. For more information, please review our Refund Policy

21. Legal notice

Hubstaff may modify these Terms or any additional terms, and such modification shall be effective and binding on you upon notice by Hubstaff via email to the email account provided by you upon registration for the Service. If you do not agree to any modification of these Terms, you should discontinue your use of the Service.

Communications made through the Hubstaff’s website or any email or contact links provided thereon shall in no way be deemed to constitute legal notice to Hubstaff or any of its officers, employees, agents, or representatives, such as where notice to Hubstaff is required by contract, or any federal, state, or local laws, rules, or regulations.

You may provide notice to Hubstaff at:

Netsoft Holdings, LLC.

DBA Hubstaff.com
jared@hubstaff.com

22. Eligibility

In order to use the Service, you must: (i) be at least eighteen (18) years old and able to enter into contracts; (ii) complete the account registration process; (iii) agree to these Terms and the Agreement; (iv) provide true, complete, and up-to-date contact and billing information; (v) not be based in Cuba, Iran, North Korea, Syria, or any other territory 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 (vi) not be listed on any U.S. government list of prohibited or restricted persons. By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. Hubstaff may refuse service, close accounts of any Customer, and change eligibility requirements at any time.

23. Compliance with laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations, including all Data Protection Laws. You are responsible for determining whether the Service is suitable for you to use in light of your obligations under any laws and regulations, including HIPAA, GLBA, Data Protection Laws, United States export control laws and regulations and economic sanctions laws and regulations, or other applicable laws. Hubstaff is not liable if your use of the Service violates any laws or regulations to which you are subject. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or any other applicable laws. You represent and warrant that you have obtained valid consent or other valid legal basis for all data, including Personal Data, you upload to, store, or Process with the Service

You further agree, represent, and warrant to Hubstaff that: (i) you will obtain and maintain all necessary permissions and valid consents or other valid legal bases required to lawfully transfer data to Hubstaff and to enable such data to be lawfully collected, Processed, and shared by Hubstaff for the purposes of providing the Service or as otherwise directed by you; and (ii) to the extent Hubstaff processes your data or information protected by Data Protection Laws as a Data Processor on your behalf, you and Hubstaff shall be subject to and comply with the Hubstaff Data Processing Agreement, which is incorporated into and forms an integral part of these Terms and the Agreement. Hubstaff’s DPA sets out your and Hubstaff’s respective obligations with respect to data protection and security when Processing your data on your behalf in connection with the Services. You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses that result from your breach of this Section.