Terms and Conditions

Last Updated: October 15, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: United Kingdom
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to HubXpert Inc., 2nd Floor, College House, 17 King Edwards Road, Ruislip, London, HA4 7AE, United Kingdom.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the https://www.hubxpert.com website, any service provided by us related to your HubSpot or Inbound Marketing, our app "Smart Phone Number Formatter" and the https://www.formatphonenumber.com website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to HubXpert, accessible from https://www.hubxpert.com/ and https://www.formatphonenumber.com/.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Prohibited Data means any: (a) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (b) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (“HIPAA”); (c) credit, debit, or other payment card data subject to the Payment Card Industry Data Security Standards; (d) other information subject to regulation or protection under specific Laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or regulations); (e) social security numbers, driver’s license numbers, or other government ID numbers; or (f) any data similar to the above protected Laws.

Definitions

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be legally bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The Smart Phone Number Formatter Service

Subject to Customer’s complete and ongoing compliance with this Agreement, HubXpert grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

Access

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

"AS IS" and "AS AVAILABLE" Disclaimer

Users may purchase digital items available at the HubSpot Module Marketplace. The availability, features, and pricing of each digital item are subject to change without notice.

Payment for digital items is processed through the designated payment gateway. Users agree to provide accurate billing and payment information. HubXpert is not responsible for any transaction errors resulting from inaccurate payment information.

Upon successful payment, users are granted a non-exclusive, non-transferable license to use the purchased digital items in accordance with the terms outlined in the respective product description and any accompanying documentation.

Refund policies for digital item purchases are detailed in the refund policy section, accessible on the HubSpot Module Marketplace website.

Purchasing Digital Items at HubSpot Module Marketplace

Users may subscribe to our services at an hourly rate, as outlined in the service agreement. Subscription plans may include specific features, limitations, and terms that are described in the service agreement.

Subscription fees are billed based on the hourly rate and usage. Users are responsible for monitoring their usage, and any overage charges will be billed accordingly.

Users may cancel their subscription at any time, subject to the terms outlined in the service agreement. HubXpert reserves the right to terminate or suspend subscriptions for violations of the terms of service.

Service Charges at an Hourly Rate

All content on the HubXpert website, including but not limited to logos, visual designs, trademarks, and other proprietary materials, is the exclusive property of HubXpert and is protected by intellectual property laws.

Users are granted a limited, non-exclusive license to access and use the content for personal or non-commercial purposes. Any use beyond this scope requires explicit written permission from HubXpert.

Exclusive Property of Content

HubXpert welcomes user feedback and suggestions regarding its services. Users agree that any feedback or suggestions provided may be used by HubXpert without any obligation of compensation or credit to the user.

HubXpert reserves the right to implement, modify, or incorporate user feedback or suggestions into its services without prior notice or consent.

Implementation of Feedback or Suggestions

Users may participate in promotions, contests, or sweepstakes offered by HubXpert, subject to the specific terms and conditions outlined for each activity.

Participation eligibility, entry requirements, and any restrictions are detailed in the terms and conditions of each promotion, contest, or sweepstake.

HubXpert reserves the right to determine and award prizes in accordance with the rules of each promotion, contest, or sweepstake.

Promotions and Contests

Governing Law

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

The laws of the country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

For European Union (EU) Users

Disclosure for Law Enforcement

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Severability

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Severability and Waiver

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Changes to This Terms and Conditions

If you have any questions about these terms and conditions, please contact us by email: team@hubxpert.com

Commercial Terms

If you have purchased a subscription to the Service, the Subscription Term will be set forth in the applicable Order. A subscription will automatically be renewed if the customer doesn't cancel their subscription by visiting the portal. Customer may cancel its subscription in accordance with the Termination Section below.

Subscription Terms

Limited Warranty; Disclaimer

HubXpert warrants to Customer that the Service will perform materially as described in the Documentation during the applicable Subscription Term (“Limited Warranty”).

Limited Warranty

To access certain features of the Service, Customer and its Authorized Users must register for an account (“Account”) and, in doing so, may be required to provide HubXpert with certain information (such as name, email address, or other contact information). Customer agrees that the information it and its Authorized Users provides to HubXpert is accurate, complete, and not misleading, and that it will keep it accurate and up to date at all times. Only Authorized Users, using the mechanisms designated by HubXpert (“Log-in Credentials”), may access and use the Service. Each Authorized User must keep its Log-in Credentials confidential and not share them with anyone else. Customer is responsible for its Authorized Users’ compliance with this Agreement and all actions taken through their Log-in Credentials (excluding misuse of the Log-in Credentials caused by HubXpert’s breach of this Agreement). Customer will promptly notify HubXpert if it becomes aware of any compromise of any Log-in Credentials. HubXpert may Process Log-in Credentials in connection with HubXpert's provision of the Service or for HubXpert’s internal business purposes. Customer represents and warrants to HubXpert that: (a) it has not previously been suspended or removed from the Service; and (b) its registration and use of the Service is in compliance with all Laws.

Account Registration

Customer will not (and will not permit End Users or anyone else to) do any of the following: (a) provide access to, distribute, sell, or sublicense the Service to a third party (other than End Users); (b) use the Service to develop a similar or competing product or service; (c) reverse engineer, decompile, disassemble, or seek to access the source code or non-public APIs to the Service, except to the extent expressly permitted by Law (and then only with prior notice to Halda); (d) modify or create derivative works of the Service or copy any element of the Service; (e) remove or obscure any proprietary notices in the Service; (f) publish benchmarks or performance information about the Service; (g) interfere with the operation of the Service, circumvent any access restrictions, or conduct any security or vulnerability test of the Service; (h) transmit any viruses or other harmful materials to the Service; (i) take any action that risks harm to others or to the security, availability, or integrity of the Service; (j) access or use the Service in a manner that violates any Law; or (k) use the Service with Prohibited Data or for High Risk Activities. Customer acknowledges that the Service is not intended to meet any legal obligations for these uses. Notwithstanding anything else in this Agreement, HubXpert has no liability for Prohibited Data or use of the Service for High Risk Activities.

Restrictions

HubXpert will use commercially reasonable efforts to provide Customer with support for the Service (“Support”).

Support

Customer grants HubXpert the non-exclusive, worldwide, sublicensable right to use, copy, store, disclose, transmit, transfer, publicly display, modify, and create derivative works from Customer Data only as necessary to: (a) provide the Service; (b) derive or generate Usage Data; (c) create and compile Aggregated Data; and (d) as otherwise required by Laws or as agreed to in writing between the parties.

Use of Customer Data

Term and Termination

This Agreement commences on the Effective Date and continues in effect until it is terminated in accordance with the terms of this Agreement.

Term

Either party may terminate this Agreement (including any or all Orders) if the other party: (a) fails to cure a material breach of this Agreement (including a failure to pay Fees) within 30 days after notice; (b) ceases operation without a successor; or (c) seeks protection under a bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if such a proceeding is instituted against that party and not dismissed within 60 days. If Customer violates any provision of this Agreement, then your authorization to access the Service and this Agreement automatically terminates. In addition, HubXpert may, in its sole discretion, terminate this Agreement or any Account on the Service, or suspend or terminate Customer’s or any End Users’ access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to Customer arising from such termination; provided that, if HubXpert terminates this Agreement or Customer’s (and not just a specific End User’s) access to the Service other than for Customer’s material breach, HubXpert (or a Reseller, if applicable) will refund to Customer a pro-rata portion of Fees received for the remainder of the applicable the Subscription Term.

Termination

To the extent Personal Data (as defined in HubXpert's Privacy Policy at https://www.hubxpert.com/privacy-policy) is uploaded, transmitted, submitted, provided, or Processed in connection with Customer’s use of the Service, HubXpert will comply with the Privacy Policy.

Aggregated Data. HubXpert may Process Usage Data and Aggregated Data for internal business purposes, including to: (a) track use of Service for billing purposes; (b) provide Support; (c) monitor the performance and stability of the Service; (d) prevent or address technical issues with the Service; (e) develop and improve the Service and HubXpert’s other products and services; and (f) conduct any lawful business practices, such as generating analytics, benchmarking, and reports. Customer will not interfere with HubXpert’s Processing of Usage Data.

Usage Data

Customer is responsible for Customer Data, including its content and accuracy, and will comply with Laws (and any other policies that HubXpert may make available from time to time) when using the Service. Customer represents and warrants that it has made all disclosures, provided all notices, and has obtained all rights, consents, and permissions necessary for HubXpert to Process Customer Data as set forth in this Agreement without violating or infringing Laws, third-party rights, or terms or policies that apply to Customer Data.

Customer Obligations

HubXpert may immediately suspend Customer’s and any End Users’ access to the Service if: (a) Customer breaches Restrictions Section or Customer Obligations Section; (b) Customer’s Account is 30 days or more overdue; (c) changes to Laws or new Laws require that HubXpert suspend the Service or otherwise may impose additional liability on us; or (d) Customer or an End User actions risk harm to any of HubXpert’s other customers or the security, availability, or integrity of the Service. Where practicable, HubXpert will use reasonable efforts to provide Customer with prior notice of such suspension. If the issue that led to the suspension is resolved, HubXpert will use reasonable efforts to restore your access to the Service.

Suspension

HubXpert may modify or discontinue all or any part of the Service at any time (including by limiting or discontinuing certain features or functionality of the Service), temporarily or permanently, without notifying Customer (except that HubXpert will use commercially reasonable efforts provide Customer with 30 days’ prior notice in the event of any deprecation of any material feature or functionality of the Service). HubXpert will have no liability for any change or modification to the Service or any suspension or termination of access to or use of the Service as a result thereof; provided that, if HubXpert discontinues the Service completely, HubXpert (or a Reseller, if applicable) will refund to Customer a pro-rata portion of Fees received for the remainder of the applicable the Subscription Term (defined below). Notwithstanding the foregoing, any such change or modification will only apply on a going-forward basis with respect to any Order entered into or renewed after HubXpert's implementation thereof.

Modifications to the Service

Customer will provide and maintain any hardware, software, other technology, and infrastructure that Customer requires to access and use the Service as defined in the current version of HubXpert's usage guidelines and standard technical documentation for the Service that HubXpert makes generally available to HubXpert's customers.

Customer Systems

Use of Third-Party Platforms are subject to Customer’s agreements with the relevant provider and not this Agreement. HubXpert does not control and will have no liability for Third-Party Platforms, including their security, functionality, operation, availability, or interoperability with the Service or how the Third-Party Platforms or their providers use Customer Data. By enabling a Third-Party Platform to interact with the Service, Customer authorizes HubXpert to access and exchange Customer Data with such Third-Party Platform on Customer’s behalf. Third-Party Platforms may be subject to eligibility requirements, certification requirements, or other terms as set out by the third party that Customer must ensure that they are in compliance with.

Third Party Platforms

Fees for the Service are described in the Order. All fees for the Service (“Fees”) will be paid in US dollars unless otherwise provided in an Order. Fees are invoiced or charged as described in the Order. Unless the Order provides otherwise, all Fees are due within 7 days of the invoice date. Customer is responsible for Fees or charges that are incidental to any chargeback or collection of any the unpaid amount including any collection Fees. All Fees and other expenses are non-refundable. Customer is responsible for any sales, use, GST, value-added, withholding, or similar taxes or levies that apply to Orders, whether domestic or foreign, other than HubXpert's income tax (“Taxes”). Fees are exclusive of all Taxes.

Fees

You authorise HubXpert (and its third-party payment processors) to charge all sums for the Orders that you make and any level of Service you select, including all applicable Taxes, to the payment method specified in your Account. If you pay any Fees with a credit card, then HubXpert may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You agree that HubXpert may seek pre-authorization of the credit card account Customer provide to HubXpert for payment prior to any purchase to verify that the credit card is valid and has the necessary funds or credit available to cover such purchase. If your payment method is no longer valid at the time a any Fees are due, then HubXpert reserves the right to delete your Account and any information or Customer Data associated with your Account without any liability to you.

Authorisation

HubXpert reserves the right to determine pricing for the Service to Customer (except where Customer is purchasing from a Reseller, in which case prices will be determined by the Reseller). We will use reasonable efforts to keep any pricing information that we make generally available up to date. Unless HubXpert and Customer otherwise agree in an Order executed by the parties, HubXpert may change the Fees for the Service (including any feature or functionality of the Service) and HubXpert will notify Customer of any such changes before they apply. HubXpert may make promotional offers with different features and different pricing to any of HubXpert’s other customers. These promotional offers, unless made to Customer, will not apply to your Order or this Agreement.

Pricing

Ownership

Neither party grants the other any rights or licenses not expressly set forth in this Agreement. Except as expressly provided in this Agreement, as between the parties, Customer retains all intellectual property rights and other rights in Customer Data. Except for Customer’s use pursuant to this Agreement, HubXpert and its licensors retain all intellectual property rights and other rights in the Service, Software, Documentation, Usage Data, Aggregated Data, and HubXpert’s technology, templates, formats, and dashboards, including any modifications or improvements to the foregoing (collectively, “HubXpert IP”). If Customer provides HubXpert with any feedback or suggestions regarding the Service or HubXpert’s other products or services, HubXpert may use such feedback or suggestions without restriction or obligation in perpetuity.

The service is provided “as is.” HubXpert, on its own behalf and on behalf of its suppliers and licensors, makes no other warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that customer’s use of the service will be uninterrupted or error-free, that HubXpert will review customer data for accuracy, or that it will maintain customer data without loss. HubXpert is not liable for delays, failures, or problems inherent in use of the internet and electronic communications or other systems outside Halda’s control. Customer may have other statutory rights, but any statutorily required warranties will be performance to the shortest legally permitted period.

Disclaimer

If HubXpert breaches a Limited Warranty during the Subscription Term and Customer makes a reasonably detailed warranty claim in the manner required by HubXpert within 30 days of discovering a breach of the Limited Warranty for the Service, then HubXpert will use reasonable efforts to correct the non-conformity. If HubXpert cannot do so within 30 days of receipt of Customer’s warranty claim, either party may terminate the affected Order as it relates to the Service. HubXpert will then refund to Customer any pre-paid, unused Fees for the terminated portion of the applicable Subscription Term. This Section sets forth Customer’s exclusive remedy and Halda’s entire liability for breach of the Limited Warranty. This warranty does not apply to: (a) issues caused by Customer’s or End Users’ misuse of, or unauthorized modifications to, the Service; (b) issues in or caused by Third-Party Platforms or other third-party systems; (c) use of the Service other than according to the Documentation; or (d) trial or beta versions of the Service, or other free or evaluation use.

Warranty Remedy

Upon expiration or termination of an Order, Customer’s access to and use of, and HubXpert’s obligations to provide, the Service will cease. During a Subscription Term and for the 30-day period immediately following the date of expiration or earlier termination of the applicable Subscription Term, Customer may export Customer Data from the Service using the export features described in the applicable Documentation. After such 30-day period, HubXpert will have no obligation to store or retain the applicable Customer Data and may delete the applicable Customer Data at any time in its sole discretion. Customer Data and other Confidential Information may be retained in Recipient’s (defined below) standard backups notwithstanding any obligation to delete the applicable Confidential Information, but such retained Confidential Information will remain subject to this Agreement’s confidentiality restrictions.

Effect of Termination

Links to Other Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.