Terms of Service
Effective from: December 8 2021
Thank you for visiting Hummi LLC’s website, located at www.hummi.app (the “Website”). Use of the Website and access to the services that are offered by Hummi LLC (“Hummi” “we” “our” or “us”) are governed by the following Terms of Service (“TOS” or “Terms”).
Working with its customers (“Customers”), Hummi takes data and builds clear webpage-hosted interfaces which allow the sharing of this information with others.
By accessing or using our Website, you (“You” or “Client”) agree to and accept these TOS and our privacy policy (“Privacy Policy”). If you do not agree to any of the provisions contained in the TOS or our Privacy Policy, please do not use the Website or Services (as defined below).
1. SERVICES
Hummi’s Services include: (a) the Website and (b) Hummi’s data analysis and preparation services. Any new features that modify the Services shall also be subject to these TOS.
In order to provide the Services, Hummi receives data from Customers containing the information (“Customer Data”) that is used to create and populate Hummi. Customer shall be solely responsible for the quality, accuracy, and ensuring that both Customer and Hummi have permission for such use of Customer Data that is consistent with the Services. Customer shall retain ownership over all such Customer Data.
Hummi may make available the basic version of its Services for free on a temporary basis ( “Trial Membership”). The Trial Membership may be subject to additional terms and conditions as set forth on the registration page for the Trial Membership, which are hereby incorporated by reference into these TOS; any such additional Trial Membership terms will govern in the event of a conflict with these TOS. Any customer data you provide during the Trial Membership may be deleted after its expiration unless you purchase a paid subscription for Hummi’s Services.
2. USER REGISTRATION AND USE OF WEBSITE
a. Registration
To be eligible for the Services, you must register an account on the Website. By registering to access the Services, you represent and warrant that:
i. All personal information that you submit to Hummi is truthful, accurate, and not misleading, and that you are if you are registering and entering into these TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these TOS;
ii. If any information that you have provided to Hummi materially changes and/or your user profile is no longer accurate, you will update your profile in a timely manner.
Hummi shall have the right to suspend and or terminate your use of the Services if it discovers or reasonably suspects that you have violated this section.
b. Use of Website
By using Hummi’s Website to access Hummi’s Services, you agree not to assist, encourage or enable others:
i. Using the Website in a manner inconsistent with any and all applicable laws and regulations;
ii. Violate any user’s or third party’s rights or privacy, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
iii. Register a profile for anyone other than yourself (a real person), register Linked Accounts that are fake or not owned by you, and will not impersonate anyone else or misrepresent yourself;
iv. Use or attempt to use another user’s account;
v. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by Hummi;
vi. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Hummi’s technology infrastructure or otherwise make excessive traffic demands of the Services (including disabling, overburdening, or impairing the proper working or appearance of Hummi, such as a denial of service attack or interference with page rendering or other Hummi functionality);
vii. Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;
viii. Attempt to create a substitute or similar service through use of, or access to, the Services;
ix. Use any device, software or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services;
x. Monitor the Services’ availability, performance, functionality, or anything else mentioned in this section 2(b) for any competitive purpose; or
xi. Override any security feature of the Services;
3. PAYMENT
Hummi may charge a fee for use of the Services. For Services that require payment of a fee, you will be required to provide Hummi payment information. You represent and warrant to Hummi that such information is true and that you are authorized to use the included payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Hummi the amount that is specified for the Services in accordance with the listed terms. You hereby authorize Hummi to bill your payment method in advance on a periodic basis in accordance with the stated terms until you terminate your Services. If you dispute any charges you must let Hummi know within thirty (30) days after the date that Hummi invoices you. Hummi reserves the right to change prices and if prices are changed, Hummi will provide notice of the change at least thirty (30) days before the change is to take effect. Your continued use of the Services after the price change coming into effect constitutes your agreement to pay the changed amount.
4. INTELLECTUAL PROPERTY RIGHTS
a. Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Website is the intellectual property of Hummi. The compilation (meaning the collection, arrangement and assembly) of all content on the Website are the exclusive property of Hummi and protected by U.S. and international copyright laws. All software used on the Website is the property of Hummi or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to print in hard copy portions of the Website for the sole purpose of using the Services. Any other use of materials on the Website – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Hummi is strictly prohibited.
b. Trademark
hummi.app, all subdomains containing Hummi, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Hummi may not be used in connection with any product or service that is not offered by Hummi, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hummi. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
5. THIRD PARTY SERVICES AND CONTENT
Hummi’s Website may include links to other websites or applications (each, a “Third-Party Sites”). Links to these Third-Party Sites does not imply any control or endorsement of any Third-Party Sites. You agree that we are not responsible for the availability or contents of such Third-Party Sites.
Hummi includes features that allow for integration with other third-party services which enable you to import data from those services into Hummi to help facilitate Hummi’s delivery of the Services (collectively “Third-Party Services”). By using these features, you agree to abide by the terms of services that apply to each applicable Third-Party Service. The owners of such other Third-Party Services do not sponsor or endorse Hummi. Further, you understand and acknowledge that Hummi is not a party to such terms of services and is not responsible, in any manner, for the compliance by you or by the provider of the Third-Party Services with those terms of services.
By integrating and/or using the Third-Party Services with Hummi, you understand and acknowledge that the activities and use of the data by you and any other users within your account may result in the modification and/or removal of data in the integrated Third-Party Service. Hummi shall have no obligation of any kind, for any such modification and/or removal of data in accounts associated with the integrated Third-Party Service.
6. TERMINATION
Hummi reserves the right to terminate or suspend your Hummi account, and access to the Services for any of the following reasons: (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.
If Hummi terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If Hummi terminates or suspends your right to use the Services for any of these reasons, you will not be entitled to any refund. In addition to terminating or suspending your account, Hummi reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Services is terminated or suspended, this Agreement will remain enforceable against you. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
7. DISPUTES
You will attempt to resolve any claim, cause of action, or dispute (claim) you have with us arising out of or relating to these TOS, first through negotiation with Hummi, and if unresolved with Hummi, then exclusively in the United States District Court for the Western District of Washington or state court located in King County in the State of Washington, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Washington will govern these TOS, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY
a. Disclaimers:
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF HUMMI TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TOS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE WEBSITE.
BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TOS, INCLUDING THIS SECTION.
THE WEBSITE, INCLUDING THE SERVICES, ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE WEBSITE AND SERVICES, IS AT YOUR OWN DISCRETION AND RISK. HUMMI MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE AND SERVICES, THEIR SAFETY,SECURITY, OR CONTENT. ACCORDINGLY, HUMMI SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICES’ INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE WEBSITE AND SERVICES.
HUMMI MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE WEBSITE, ANY THIRD PARTY SITES THAT YOU MAY USE IN CONNECTION WITH SERVICES. ACCORDINGLY, HUMMI IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS.
HUMMI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE WEBSITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. Limitations of Liability
IN NO EVENT SHALL HUMMI OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HUMMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HUMMI’S LIABILITY TO YOU WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED ONE UNITED STATES DOLLAR.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
9. INDEMNITY
You agree to indemnify and hold Hummi, its affiliated entities, subsidiaries, its suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, harmless from any claims, suits, actions, costs, expenses, losses, damages, liabilities, including attorneys’ fees, arising out of or in connection with a) any violation of these TOS, b) your use of the Services, c) any violation of the rights of any other person or entity, or d) any breach of your representations, warranties, and covenants set forth in these TOS.
10. NOTICES
Except as explicitly stated otherwise, legal notices will be served, with respect to Hummi shall be given to the email address listed in the “Contact Us” section below, and, with respect to you, to the email address you provide to Hummi during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such a case, notice will be deemed given three days after the date of mailing.
11. CHANGES TO THIS AGREEMENT.
Hummi reserves the right to change or modify any of the terms and conditions contained in this TOS from time to time. Any such modification will be effective upon our posting of new provisions to the TOS. For any material changes to the TOS, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Website and/or Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised TOS. We will indicate within the TOS the date of the most recent revisions.
If you do not agree with these changes or modifications, you must immediately cease using the Website.
13. CONTACT US
Email: info@hummi.app