Overview
The following are the terms of an agreement between you and HubBroker ApS. (“HubBroker ApS”, “we”, “us”, “our”). By accessing, or using this website (“Site”), you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this website.
HubBroker ApS may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Web site. HubBroker ApS may also make improvements or changes in the products, services, or programs described in this site at any time without notice.
In order to use this Site and/or access any content on this Site, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to these terms, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable law. You also represent and warrant that any registration information that you submit to HubBroker ApS is true, accurate, and complete, and you agree to keep it that way at all times.
“Agreement” means the agreement constituted by these Terms of Service, the Subscribed Plan, the Privacy Policy and any potential subsequent amendments of those as well as any separate agreement entered into between the Service Provider and the Client for the performance of the Service.
“Client” means the individual or legal entity, professional only, with whom the Service Provider entered this Agreement and whose name and address appear on the Account. The Client and the Service Provider are hereinafter collectively referred to as the “Parties” or individually as a “Party”.
“Content” means any data, whether personal or not, contained in the Processed Document sent by the Client to the Document Parser(s) and processed through the HubBroker ApS Solution.
“HubBroker ApS Solution” means the HubBroker ApS software, as well as any related applications, developed and published by the Service Provider.
“Parsing Rule(s)” means the collection of simple instructions, standard or tailored, which tell the HubBroker ApS Solution algorithm what nature and kind of data the Client wants to pull out from the Processed Documents.
“Parsed Content” means any data, whether personal or not, extracted through the HubBroker ApS Solution on the basis of the Parsing Rule and the Imported Documents.
“Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly.
“Processed Documents” means the documents sent by the Client through he/she/its Account to one of his/her/its Document Parser(s) to be processed through the Service.
“Service” means the grant of access to the HubBroker ApS Solution by the Service Provider and the use of the HubBroker ApS Solution in iPaaS mode by the Client, whether through the website hubbroker.com (hubbroker.net) or through the HubBroker ApS application, under the terms and conditions set out in the Agreement.
Registration
As a condition to using certain aspects of the Site, you may be required to register with HubBroker ApS and select a password and screen name (“HubBroker ApS User ID”). You shall not (i) select or use as a HubBroker ApS User ID a name of another person with the intent to impersonate that person; (ii) use as a HubBroker ApS User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a HubBroker ApS User ID a name that is otherwise offensive, vulgar or obscene.
HubBroker ApS reserves the right to refuse registration of or cancel a HubBroker ApS User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your HubBroker ApS password. You shall never use another user’s account without such other user’s express permission. You will immediately notify HubBroker ApS in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
User Submissions
The Site may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship or other information or content, to the Site (“User Submissions”). By posting User Submissions on or at the Site, you agree to the following:
By submitting the User Submissions to HubBroker ApS, or displaying, publishing, or otherwise posting any content on or through the Site, you hereby do and shall grant HubBroker ApS a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, and HubBroker ApS’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms. For clarity, the foregoing license grant to HubBroker ApS does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
You represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by HubBroker ApS (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and
You acknowledge and agree that: (i) without limiting the licenses granted by you to HubBroker ApS with respect to your User Submissions, HubBroker ApS shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated; (iii) HubBroker ApS will not be liable for any errors or omissions in any content; and (iv) HubBroker ApS cannot guarantee the identity of any other users with whom you may interact in the course of using the Site.
You hereby grant HubBroker ApS a royalty-free, worldwide, transferable, sub licensable, irrevocable, perpetual license to use or incorporate into the Site any suggestions, enhancement requests, recommendations or other feedback that you provide to HubBroker ApS relating to the operation of the Site.
HubBroker ApS does not endorse and has no control over any User Submission. HubBroker ApS cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Site and all User Submissions provided by you is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
HubBroker ApS has no obligation to monitor the Site or User Submissions. HubBroker ApS may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Confidentiality
HubBroker ApS does not want to receive confidential or proprietary information from you through our Site. Please note that any information or material sent to HubBroker ApS will be deemed NOT to be confidential. By sending HubBroker ApS any information or material, you grant HubBroker ApS an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that HubBroker ApS is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to HubBroker ApS for the purpose of receiving products or services will be handled in accordance with our Privacy Policy.
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. HUBBROKER APS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, IBM MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HUBBROKER APS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF HUBBROKER APS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Revisions and Errata
The materials appearing on HubBroker ApS’s website could include technical, typographical, or photographic errors. HubBroker ApS does not warrant that any of the materials on its website are accurate, complete, or current. HubBroker ApS may make changes to the materials contained on its website at any time without notice. HubBroker ApS does not, however, make any commitment to update the materials.
Links
HubBroker ApS has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by HubBroker ApS of the site. Use of any such linked website is at the user’s own risk, and you acknowledge that HubBroker ApS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by on in connection with your use of such linked websites or any content or materials contained therein.
Indemnification
You shall defend, indemnify, and hold harmless HubBroker ApS, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Site or otherwise from your User Submissions, (ii) your violation of these Terms, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. HubBroker ApS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with HubBroker ApS in asserting any available defenses.
Site Terms of Use Modifications
HubBroker ApS may revise these Terms at any time without notice by posting new terms and conditions to the Site. It is your responsibility to check the Terms of Use periodically for changes. By using the Site you are agreeing to be bound by the then current version of these Terms.
Termination
HubBroker ApS may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Liability
The Service is provided on an “as is” basis and “as available” basis. The Service shall not substitute any other function in the Client’s organization. The information given by the Service Provider is provided solely for the use of the Service but not for the Client’s organization. The Service Provider has an obligation of means and does not provide any implicit or explicit warranty as to the use of the Service.
The use of the Service is provided at the Client’s sole risk. The Client understands that the technical processing and transmission of the Service, including the Processed Documents, the Content and the Parsed Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service Provider does not warrant that
(i) the Service will meet the specific requirements of the Client,
(ii) the Service will be uninterrupted, timely, secure, or errorfree,
(iii) the results that may be obtained from the use of the Service will be accurate or reliable,
(iv) the quality of any information, or other material obtained by the Client through the Service will meet the Client’s expectations, and
(v) any errors in the Service will be corrected.
The Client understands that the Service Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service.
The Clients also understands that, while the HubBroker ApS Solution offers tools to easily set up a connection with such systems, External APIs are published and maintained by an independent provider external to the Service Provider. The Client is therefore solely liable as to the transfer, the download or any use of the Processed Documents, Content, Parsed Content to or through an External API, excluding any liability of the Service Provider. The Client is aware that he/she/it may have to enter into a specific and separate agreement as to the use of the External API.
The Service Provider excludes any liability in the events of:
- a downgrading of the Service;
- loss of Processed Documents, Content, Parsed Content, features, or capacity of the Client’s Account;
- a modification, price change, suspension or discontinuance of the Service;
- a loss or damage from Client’s failure to comply with the Client’s undertakings, including his/her/its security obligation;
- concerning choices of the Parsed Rules made by the Client;
- concerning use of the Parsed Content.
The Client expressly understands and agrees that the Service Provider shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Service Provider has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the Service;
(ii) the cost of procurement of substitute services resulting from any services purchased through or from the Service;
(iii) unauthorized access to or alteration of the Processed Documents, Content or Parsed Content;
(iv) statements or conduct of any third party on the Service;
(v) or any other matter relating to the Service.
