Terms of Use

Last updated: February, 2022

1. Ownership

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.

2. Acceptance of the Terms of Use.

The access and use of our Platform as well as its related information, services, materials and content are subject to the legislation, regulations and provisions set forth in these Terms of Use.
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.
Subscribers acknowledge and agree that they have read and understood these Terms of Use, whose content is the whole agreement between Subscribers and Hubble_s, without prejudice to the ULA as the main agreement between Hubble_s and Customer.
In this sense, Customer also acknowledges and agrees upon these Terms of Use to the extent that they may apply to it. Therefore, these Terms of Use shall apply complementary to the ULA. If contradiction or conflict arise between the ULA and these Terms of Use, the ULA shall prevail.
By using the Platform, Subscribers expressly acknowledge and agree to be bound by these Terms of Use as well as to other applicable legal terms and policies of the Platform. Furthermore, Subscribers acknowledge and agree that the services and content offered through this Platform do not breach and will not be used to breach any applicable law and/or regulation.
Hubble_s reserves the right to modify these Terms of Use without prior notice to Subscribers. In such a case, these modifications will not apply retroactively except if they are in favor of Subscribers.

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.

4. Registration.

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.

Subscribers agree to use the Platform in accordance with the law, morality, generally accepted good customs, public order, and the existing provisions of these Terms of Use. In particular, but without limitation, Subscribers agree not to use it for illegal purposes, those contrary to the provisions of these Terms of Use, to harm the rights and interests of Hubble_s or third-party purposes and/or in any way damage, disable, overburden, or impair the Platform or prevent normal use. In particular, Subscribers agree not to exploit, directly or indirectly, any materials and information obtained through the Platform, except if it expressly agreed on the ULA.
At any moment, and without previous notice, Hubble_s reserves the right to disable identification codes or Subscribers data access (including access to Subscribers’ account) if, in our view, Subscribers have, or in case of reasonable doubt, breached any provision of these Terms of Use.
Hubble_s may also suspend or restrict the access to the Platform as per the reasons set out in the ULA.

6. Fees.

The use of this Platform by Subscribers is free of charge without prejudice to the license fees agreed with Customer within the ULA.

7. Term.

Subscribers shall have access to the Platform as long as the ULA is in force. If the ULA terminates, for whatever is the cause, these Terms of Use shall also terminate.

8. Liability.

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.
Hubble_s shall not be responsible for any loss or damage that Subscribers can suffer as a result of the inappropriate use of the Platform or as a result of Subscribers not complying with these Terms of Use or with the instructions provided by Hubble_s through any means of communication.
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.
In this sense, Subscribers acknowledge and agree that they do not acquire any intellectual or industrial property right with the mere use of our Platform and of any of its functionalities and, therefore, in no event can this use be deemed as an authorization or license to use the contents of this Platform with different purposes to those set forth in these Terms of Use.
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.
Hubble_s shall be the owner of any, direct or indirect, improvement, benchmarking, know-how or trade secret arising from the execution of these Terms of Use related to the Platform. In particular, Hubble_s shall be the owner of any usage information, metrics and/or any other anonymized data obtained in connection with the usage of the Platform.
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.

10. Confidentiality.

The Platform, these Terms of Use, pricing, and any other information is confidential and proprietary information of Hubble_s (“Confidential Information”). Results of any benchmark tests on the Platform run by the Customer may not be disclosed outside of the Customer’s organization without the prior written consent of Hubble_s. Subscribers shall hold the Confidential Information in strict confidence as long as it is still deemed confidential by Hubble_s and/or until the Confidential Information has become lawfully of public domain.

11. Personal data.

Subscribers may find information about how we process their personal data on the Privacy Policy of the Platform. Subscribers are informed that the Platform has adopted security measures to protect their personal information in accordance with the highest security standards, as set out in the ULA.

12. Force Majeure.

Any possible delay or failure to execute these Terms of Use by Hubble_s shall not be considered as a breach thereof and will be excused to the extent that it has been caused by any factors outside of reasonable control of Hubble_s, including, acts of God, power outages, natural disasters, airspace closures and restrictions of the public authority, bad weather, pandemic, strikes, public disturbances or threats thereof and war or threat of war.

13. Applicable law.

The interpretation and/or enforceability of these Terms of Use shall be governed by the Laws of Spain.

14. Jurisdiction.

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/.

15. Integrity.

In the event that any clause of these Terms of Use is void or considered void, the rest of the conditions will not be affected, fully retaining its validity and term.

16. Contact.

For any question related with the services of our Platform and of these Terms of Use, Subscribers may contact directly with us by email at [email protected], 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.