Last updated: February, 2022
This digital platform (the “Platform”) is property of Hubble_s Europe S.L. (“Hubble_s” or “us”), a company legally incorporated under the laws of Spain with registered address at Caspe, 31 Pral, 08010 Barcelona, VAT no. (“N.I.F.”) B-66752783, and registered against the Commercial Registry of Barcelona (Registro Mercantil de Barcelona) under the volume no. 45337, folio no. 11, sheet no. B-484610.
The use of the Platform by Subscribers is subject to authorization as it is not accessible to the general public, but rather only to our Customers.
“Customer/s” means the licensee of the Platform under terms and conditions of the User License Agreement executed between the Customer and Hubble_s (the “ULA”). Generally, the Customer will be the employer of Subscribers.
“Subscriber/s” means each user who have been added to the Customer’s account as Platform authorized user according to the terms and conditions of the ULA. Generally, Subscribers will be employees of the Customer.
3. The Platform.
The Platform is a tool that Hubble_s makes available only to its Customers, and that Customers authorize for use by Subscribers. Through the Platform, Hubble_s will gather and analyze information that helps its Customers better understand behavioral trends within their respective organizations and diagnoses their possible root causes. In some cases, the Platform may also offer benchmarking information that could also help its Customers improve their businesses.
The use of the Platform requires prior registration by Subscribers.
Therefore, Subscribers shall:
a) provide the requested registration information that is current and accurate;
b) either enter the platform through an established single sign-on mechanism provided by the Customer, or choose a password and maintain its confidentiality, selecting one that is not easily decipherable, and preventing its distribution to third parties;
c) keep all data provided to the Platform updated and notify Hubble_s of any changes.
5. Use of the Platform.
Hubble_s may also suspend or restrict the access to the Platform as per the reasons set out in the ULA.
The use of this Platform by Subscribers is free of charge without prejudice to the license fees agreed with Customer within the ULA.
Due to the unpredictable situations that characterize Internet and technical environments, Hubble_s reserves the right to temporarily suspend the services of the Platform for technical, security, maintenance, or any other justified reason under Hubble_s criteria as set out in the ULA.
The suspension of the services does not give Subscribers any compensation or indemnification right. However, Hubble_s will do its best efforts to limit, when possible, any suspension or interruption of the services.
Furthermore, Hubble_s reserves the right to implement and make changes and/or updates within the Platform at any time, with or without prior notification.
In any event, Subscribers acknowledge and agree that Hubble_s will be able to make certain actions to forbid Subscribers to access and use the Platform during limited periods of time.
In this sense, Subscribers accept that Hubble_s will not be responsible, as a result of the above-mentioned actions, for any deletion or availability failure of the services or functionalities of the Platform.
Hubble_s neither represents norguarantees that Subscribers nor Customers obtain certain results after the utilization of the services of the Platform. Therefore, in no event will Hubble_s, its representatives, directors, or employees be responsible for any incidental, fortuitous, particular or consequential damage, including but not limited to any loss of profits, dismissal, admonition, data, business opportunities or software errors, having or not predictable character, and whose result is, directly or indirectly, related to use of the Platform, other than those agreed upon in the ULA with our Customers.
In no event shall Hubble_s be responsible for the contents, activities, products and/or services available through electronic links (including deep links), directly or indirectly, related to our Platform. The links included in our Platform, or that can be included in our Platform, cannot be deemed as holding any kind of relationship between Hubble_s and the natural person or legal entity holding or managing the linked website/content, and therefore cannot be deemed as any suggestion, invitation or recommendation by Hubble_s regarding these websites or their content.
In no event shall the Platform be deemed as a financial, human resources, mental health, medical, employment, labor admonition, cause of dismissal or retirement, economic, business, or technical advice, or as a proof of the above.
9. Intellectual and Industrial Property Rights.
Subscribers acknowledge and agree that the whole rights, titles and interests of and related to the Platform, its contents and software applications, including any modification, updating and new versions as well as any distinctive sign (registered or not), know-how, intellectual property right, domain name and any other intellectual or industrial property right related to the Platform and/or its related materials, such as, but not limited to the productive behaviors, frictions, families, diagnostics, roadmaps, root causes, and the relationships between these materials, are exclusive property of Hubble_s or are used by Hubble_s under license and with due authorization of the holders of such rights, titles or interests.
As a result of the above, it is forbidden to reproduce, in whole or in part, modify, transform, copy, distribute, communicate publicly, make available to the public, or perform any other exploitation of the Platform, its contents, applications, materials, designs and look and feel of its contents, as well as the source/object code and all those elements configuring its structure an appearance.
Furthermore, Subscribers acknowledge and agree that it is forbidden to decompose, reverse engineer, or create derivative works of the software by replicating the functionality and access of this Platform and the services performed thereof.
The non-compliance of any of these provisions will mean that Hubble_s may exercise against the offender or offenders any suitable legal action for the defense of its rights, titles, or interests, including the possibility of claiming damages.
Subscribers may have access to reports or similar information downloaded or obtained through any functionalities available on the Platform from time to time for internal research, analytics and development purposes excluding any commercial use or exploitation rights. These reports are licensed to the Customer under the terms and conditions of the ULA, and Subscribers acknowledge and agree to use them accordingly.
11. Personal data.
12. Force Majeure.
13. Applicable law.
Subscribers shall submit any controversial claim or conflict to the Customer, as ULA terms and conditions shall apply. However, if in the exceptional case that a conflict arises between Subscribers and Hubble_s, Subscribers expressly agree to submit to the exclusive competence of the courts of Barcelona (Spain), unless other mandatory jurisdiction applies according to applicable laws, for any dispute that may arise between them.
However, before initiating any legal action, the parties will try to solve the dispute amicably. Accordingly, Hubble_s hereby informs Subscribers about the existence of the EU system for consumer online dispute resolution (ODR). Subscribers may obtain further information through the following link: http://ec.europa.eu/consumers/odr/
, and/or by written request addressed to our offices located in: Caspe, 31 Pral, 08010 Barcelona (Spain).
Support services terms and conditions are set out in the ULA. For any doubt, please contact the Customer.