Terms of Service
Effective starting: April 1, 2020
By using the PSOhub Platform (“PSOhub”), you are agreeing to comply and be bound by all terms and conditions in these Terms of Service (“Terms”). Please review them carefully. If you do not agree to them, you should not use PSOhub. For No-Charge Products, you also indicate your assent to these Terms by accessing or using the applicable No-Charge Product.
These Terms establish an Agreement which sets out your (“You”) rights and obligations, and those of PSOhub B.V., the owner of PSOhub, a company registered in The Netherlands (“Company”, “we”, “us” or “our”), in relation to PSOhub and the services offered through it.
- Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Service. We reserve the right to update or revise these Terms without giving you previous notice so please check the Terms periodically for changes. Your continued use of PSOhub following the posting of any changes to the Terms constitutes acceptance of those changes. Our Terms will be kept up to date at PSOhub.com/terms-of-service.
Company alone shall own all right, title and interest, including all related intellectual property rights, in and to our technology, the content and the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you. The PSOhub name, logo, and any product names associated with PSOhub are trademarks of company or third parties, and no right or license is granted to use them. The copying, redistribution, use or publication by you of any such matters or any part of PSOhub is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through PSOhub. The posting of information or materials on PSOhub does not constitute a waiver of any right in such information and materials. Some of the content on the PSOhub platform is the copyrighted work of third parties.
- Account Access
In some cases, it is necessary for Company employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Company employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.
- Use of your information
The Company does not own any data, information or material that you or other users submit. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all customer data that you submit, and Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any customer data. Upon your request the Company may remove, modify, edit or otherwise alter any applicable customer data.
Company reserves the right to withhold, remove and/or discard customer data without notice for any breach of the Agreement. Upon termination for breach of the Agreement, your right to access or use customer data immediately ceases, and we shall have no obligation to maintain or forward any customer data.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to PSOhub.
By means of this data protection declaration, PSOhub would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
- Your Responsibilities
All activity occurring under your user account are your responsibility and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of PSOhub, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations which are required by your employer and/or the applicable administrator(s) of your account. You shall (1) notify us immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (2) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or other users to violate this agreement or the intellectual property rights of third parties; (3) and not impersonate another user or provide false identity information to gain access to or use PSOhub.
- Permitted uses and License Grant
Company grants you a non-exclusive, non-transferable, worldwide right to use PSOhub, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Company and its licensors.
You shall not: (1) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party PSOhub or the content in any way; (2) modify or make derivative works based upon PSOhub or the content; (3) create Internet “links” to PSOhub or “frame” or “mirror” any content on any other server or wireless or Internet-based device; (4) or reverse engineer or access PSOhub in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of PSOhub, or (c) copy any ideas, features, functions or graphics of PSOhub.
You may use PSOhub only for your internal business purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (5) attempt to gain unauthorised access to the Service or its related systems or networks.
- Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying accounts.
The Service is billed in advance on a yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Company does not accept any liability for such loss.
- Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link on the Settings page. The Account screen provides a simple cancellation link.
All of your Content will be immediately deleted from the active PSOhub Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up cycle (month or year), your cancellation will take effect immediately and you will not be charged again.
Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of PSOhub, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. PSOhub reserves the right to refuse service to anyone for any reason at any time.
- Third Party Content
Third party content may appear on the PSOhub Website or may be accessible via links. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. We do not endorse any sites on the Internet that are linked through PSOhub or the PSOhub Website, and in no event shall Company or its licensors be responsible for any content, products, or other materials on or available from such sites. We provide PSOhub to you pursuant to the terms and conditions of this Agreement. You recognise, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
You agree to indemnify and hold Company, its licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) a claim alleging that use of the customer data infringes the rights of, or has caused harm to, a third party; (2) a claim, which if true, would constitute a violation by you of your representations and warranties; or (3) a claim arising from the breach by you or other users of this Agreement, provided in any such case that Company (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Company of all liability and such settlement does not affect company’s business or service); (c) provides to you all available information and assistance; (d) and has not compromised or settled such claim.
- Representations and Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Company represents and warrants that it will provide PSOhub in a manner consistent with general industry standards reasonably applicable to the provision thereof and that PSOhub will perform substantially in accordance with the online company help documentation under normal use and circumstances.
You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the PSOhub and that your billing information is correct.
Company and its licensors make no representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Company and its licensors do not represent or warrant that: (1) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (5) ERRORS OR DEFECTS WILL BE CORRECTED, OR (6) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The service and all content is provided to you strictly on »as is« basis. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY AND ITS LICENSORS.
- Internet delays
PSOhub services may be subjected to limitations, delays and other problems inherent in the use of the internet and electronic communications. Company IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
- Limitation of Liability
Company shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors or omissions from PSOhub, (b) the unavailability or interruption of PSOhub or any features thereof, (c) your use of PSOhub, (d) the content contained on PSOhub, or (e) any delay or failure in performance beyond our control. Any liability of Company is limited to a maximum amount equal to the subscription fee that payable by You for 3 months.
- Changes in terms and conditions
Company reserves the right to modify the terms and conditions of this Agreement, its policies and Data processing Agreement relating to PSOhub at any time, effective upon posting of an updated version of this Agreement on PSOhub. You are responsible for regularly reviewing this Agreement. Continued use of PSOhub after any such changes shall constitute your consent to such changes. Our Terms will be kept up to date at PSOhub.com/terms-of-service.
This Agreement may not be assigned by you without the prior written approval of Company but may be assigned without your consent by Company to (a) a parent or subsidiary, (b) an acquirer of assets, or (c) a successor by merger. Any purported assignment in violation of this section shall be void.
This Agreement shall be governed by the laws of The Netherlands. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the use of PSOhub shall be subject to the exclusive jurisdiction of the Court of Amsterdam.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of PSOhub. The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This Agreement, together with any applicable Invoices, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.