Xmartlabs, SRL ("Xmartlabs") operates Project Hub (as defined below), your use of Project Hub is governed by these Terms of Service (“Terms”), and your use of Project Hub constitutes your acceptance of the Terms.
"Project Hub" (the "Service") means Project Hub project management solution made available at https://tryprojecthub.com (the “Site”) and any other software, sites, and services offered by Xmartlabs in connection therewith but does not include any sites, services, products, or offerings governed by other terms of use, or, other agreements between you and Xmartlabs. "Customer Data" means any data you make available to Xmartlabs or Project Hub from your GitHub account for the purpose of using Project Hub. "Content" means all content generated by Xmartlabs on your behalf (including metric data) and does not include Customer Data.
We will endeavor to provide you with notice about major changes to the Terms or Project Hub and other changes (via email to the address on your account), but we make no guarantees. Other changes could be, without limitation, changes to payment policies, security patches, added or removed functionality, and other enhancements or restrictions to Project Hub. Your use of Project Hub after the Terms have changed constitutes your acceptance of the Terms as changed. You may reject changes to the Terms by terminating your subscription in accordance with the "Cancellation and Termination" section of these Terms of Service. Xmartlabs shall not be liable to you or to any third party for any change to Project Hub.
Please use Project Hub responsibly and in compliance with these Terms. If you don't, we reserve the right to terminate your subscription in accordance with the "Cancellation and Termination" section of these Terms of Service.
1. Use of Project Hub
To use Project Hub, you must (i) have a GitHub account (ii) authorize Xmartlabs to access your Customer Data to provide Project Hub, (iii) provide accurate GitHub account information any time you register to use Project Hub, (iv) provide accurate GitHub account information when you register to use Project Hub, and (v) be a human over the age of 13. Uses by automated methods are not permitted. You grant Xmartlabs a non-exclusive, royalty-free, and worldwide license to use, store, and copy your Customer Data in order to provide Project Hub.
You are responsible for the security of your passwords and for any use of your account. You may not allow multiple people to use the same account or otherwise access Project Hub in a manner intended to avoid incurring fees.
You must comply with all applicable GitHub policies and terms of service. Xmartlabs is not responsible for any acts or omissions of GitHub whether related to your account or otherwise.
Xmartlabs reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in Xmartlabs disabling or throttling your usage of the Service for any amount of time.
You are responsible for obtaining access to Project Hub and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
You may not use Project Hub:
- for any illegal purpose, in any manner inconsistent with applicable laws, regulations, or ordinances, or to submit, post, upload, or otherwise transmit any Customer Data or Content that is unlawful, defamatory, libelous, invasive of another's privacy, abusive, threatening, harassing, vulgar, obscene, indecent or otherwise objectionable;
- to submit, post, upload or otherwise transmit any Customer Data or Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights, fiduciary rights and proprietary rights;
- to submit, post, upload or otherwise transmit Customer Data or Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of Project Hub or another person's computer; or
- if you are a person barred from receiving Project Hub under the laws of the United States or other countries, including the country in which you are resident or from which you use Project Hub.
2. Cancellation and Termination
To cancel your subscription, account, and access to Project Hub, send us an email at hi@tryprojecthub.com instructing us to do so or cancel via the functionality on the Waffle website. If you paid for your subscription, Xmartlabs is not obligated to provide any refunds if you cancel your subscription or if Xmartlabs terminates your subscription because you breached these Terms. If your subscription is cancelled or terminated in accordance with the foregoing before the end of the current paid-up month, your cancellation will take effect immediately and you will not be charged again. All of your Customer Data and Content will, within a reasonable amount of time to be determined solely by Xmartlabs, be deleted from Project Hub upon cancellation.
You agree that Xmartlabs, in its sole discretion and for any or no reason, may terminate or suspend your account. You agree that any termination of your access to the Service may be without prior notice, and you agree that Xmartlabs will not be liable to you or any third party for such termination. If you paid for your subscription, and Xmartlabs did not terminate or suspend your account due to your breach of these Terms, Xmartlabs will provide a pro-rata refund of unused subscription fees if it terminates or suspends your account in accordance with this paragraph.
3. Customer Data
Xmartlabs claims no ownership or control over any Customer Data. Except for the license expressly granted by you to Xmartlabs to provide Project Hub, you retain all right, title, and interest in and to Customer Data and you are responsible for protecting those rights and interests, as appropriate. Notwithstanding the foregoing, you grant to Xmartlabs for its use a worldwide, non-exclusive, royalty-free license to aggregate or compile Customer Data with customer data of other users of Project Hub so long as such aggregation or compilation omits any data that would enable the identification of you (“Aggregated Data”). Xmartlabs shall have a worldwide, perpetual, royalty-free license to use, modify, distribute and create derivative works based on such Aggregated Data, and as between you and Xmartlabs, Xmartlabs shall own all compilations of the Aggregated Data, including all reports, statistics or analyses created or derived therefrom.
You understand that projects in Project Hub will display Customer Data to you and any collaborators that you designate for that project. You are solely responsible for any collaborators and third-parties (including third-party services) that you allow to view Customer Data and entrust them at your own risk.
You are solely responsible for configuring Project Hub to allow appropriate access to your Customer Data. Xmartlabs is not responsible if you fail to configure, or misconfigure, your project and inadvertently allow unauthorized parties to view any Customer Data.
4. Ideas and Feedback
As part of your use of Project Hub, you may choose, or we may invite you, to submit comments, feedback or ideas about Project Hub, including but not limited to ideas about improving Project Hub or our other offerings ("Ideas"). You hereby grant Xmartlabs a perpetual, royalty-free, unlimited, worldwide license to use and/or incorporate such Ideas into any Xmartlabs offering (including Project Hub) at any time in Xmartlabs’s sole discretion. Ideas you submit will not be afforded any confidential treatment by Xmartlabs, regardless of whether you request such treatment or otherwise designate Ideas as proprietary or confidential.