Terms & Conditions | Digital Hub | Data Science Platform

Terms & Conditions

Effective Date: Nov 12, 2020

Last Update: April 20, 2021

By using any of the Services and the Website, you expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and www.digitalhub.io in relation to your use of the Website and/or the Services and applies to all users of the Services, whether registered or not, on the Website.

Users are hereinafter referred to as “You, Users.” As used in this Agreement, “www.digitalhub.io ", "we," "us," and "our" shall mean Digital Hub and its subsidiaries and affiliates. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Digital Hub for its services or otherwise.

By using or registering for our Services, you agree: you are at least 18 years of age.

We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although Digital Hub may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.

Digital Hub may review and delete any User Content that, in its sole judgment, violates these Terms of Use, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of Digital Hub. The Digital Hub reserves the right to expel Users and prevent their further access to Digital Hub for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive.

The User hereby agrees that app shall be in active mode during the performance of the Service without being any exceptions whatsoever.

Account shall mean the account created by the User on the Digital Hub Platform.

Applicable Laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, provincial laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Canada.

Representative is an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the Digital Hub.

Content means report text, web chat, graphics, emoji’s, images, music, software, audio, video, information or other materials.

Project is a logical grouping of apps for ease of use and management of cost.

Digital Hub Content means all Content that Digital Hub make available through the Website, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding User Content.

Collective Content means User Content and Digital Hub’s Content.

Account registration

By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to Digital Hub if you discover or otherwise suspect any security breaches related to the Services.

We allow You to open only one Account in association with the Registration Data provided by You.

You acknowledged and agree that any Content you place on the Service may be viewed by other Users and may be viewed by any person visiting or participating in the Task/Project. However, such users shall be able to view only limited information about your profile.

You agree and accept that all of the information you provide to Digital Hub when setting up your User Account and at any other time shall be true, correct, complete and accurate in all respects.

Ownership and Intellectual Property

Digital Hub owns all rights, including intellectual property rights, in the source code, object code or underlying structure, ideas or algorithms, API, and any additional software, documentation or data related to the Services ("Software"). You will not, directly or indirectly, via a third party or otherwise: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the Software; (b) modify, translate, or create derivative works based on any Software; (c) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to any Software; (d) use any Software for timesharing, service bureau purposes, or otherwise for the benefit of a third party; or (e) remove any proprietary notices or labels.

If you are a User, Digital Hub, has no proprietary rights in any work you produce as part of completing any task.
This Website and all content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the Canada.

You acknowledge and agree that Digital Hub owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:

modify or copy the idea of trade, layout or appearance of the Website or any computer software or code contained in the Website; and/or
decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at info@digitalhub.io.

Obligations Of The Content

Digital Hub allows you to upload, submit, store, send and receive content. Your content remains yours. We do not claim ownership in any of your content, including any text, data, information, and files that you upload, share, or store in your account. Digital Hub allows you to collaborate on the Project (under Develop Section) with other Digital Hub users. The “creator” of the Project is the one who controls the Project and its use. Project settings in Digital Hub allow you to control what others can do in the Project. You can share your Project content and can transfer control of your content to other users. We will not share your files and data with others except as described in our Privacy Policy.

Recirculate, redistribute or publish the content included in the Service without Digital Hub’s prior written consent. If Digital Hub makes any third party (Tribe) platform’s sharing functionality available via the Service, You may use the “share” functionality solely to inform others about a Digital Hub community post, and you will abide by all terms and conditions applicable to the third party platform on which the blog post is shared.

You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website. You are solely responsible for the development, content, operation, maintenance, and use of your Data. Furthermore, you are responsible for properly configuring and using the Service and taking your own steps to maintain appropriate security of your data.

Representations and Warranties of Users

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Digital Hub will not be liable for any false or misleading statements made by Users of the Digital Hub Platform.

NEITHER DIGITAL HUB, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE DIGITAL HUB PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE DIGITAL HUB AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DIGITAL HUB PLATFORM.

In using the Service, you agree that you will not, and will not allow or authorize any third party to:

Alter, remove or obscure any copyright notice, digital watermark, proprietary legend or any other notice included in materials in the Service.
Use any of the trademarks, trade names, service marks, copyrights or logos of Digital Hub in any manner that creates the impression such items belong to or are associated with you or are used with Digital Hub’s consent.
Use any software, device or any other process to “scrape” or download data from the Site.
Either obtain or attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service.
Use the Service with unauthorized equipment or products.
Interfere with or attempt to interfere with or otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service.
Violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking or any other means.
Either take or attempt any action that, in the sole discretion of Digital Hub, imposes or may impose an unreasonable burden on the Service or the infrastructure of the Service, or otherwise abuse the Service.
Use or permit the Service to be used to perform services for third parties, including as a service bureau, SaaS, time sharing basis or otherwise.
Distribute, sell, license or otherwise provide the Service to third parties.
Create programs similar or identical to Digital Hub Cloud.
Disclose the results of any performance or functional evaluation of the Service, including benchmark results or competitive analyses.

Users additionally represent and warrant that:

For any of the following purposes, the list is illustrative not exhaustive, the Digital Hub platform may not be used :

To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;
To publish, post, upload, distribute or disseminate any profane, illegal, defamatory, infringing, obscene or unlawful language, material or information;
To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Digital Hub staff;
To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Digital Hub;
To constitute any personally identifiable information of any third party that you do not have adequate rights to input, distribute, upload, post, email, transmit or otherwise make available via the Service;
To advertise or offer to sell any goods or services for any commercial purpose through the Digital Hub Platform which are not relevant to the Service Request services; and
To infringe any Intellectual Property Rights of Digital Hub or any third party.

Payment

Payments are done only by using Stripe. The Service Request Fee is exclusive of taxes. You authorize us to run credit card authorizations on all credit card information you provide to us, to store that credit card information, and to charge your credit card or any other account we mutually agree to as a form of payment.

Please note that you shall be charged based on the Time (hours), Storage and Resources you use. In the event you exceed your current plan we shall charge you via your default credit card on file with Stripe. However, you may increase the storage capacity hours by easy top off’s without upgrading your ongoing plan. Please keep in mind that any unused hours upgraded via top off’s shall lapse at the end of current billing cycle. Once the payment has been received, no refunds shall be granted.

Your Paid Plan will remain in effect until it's cancelled, downgraded or terminated under these Terms. You may cancel or downgrade your Paid Plan manually at any time from within your Subscription- Manage settings. Your cancellation or downgrade will apply to the next billing period after the current service term expires. If you don't pay for your Paid Plan on time, we reserve the right to downgrade your account and reduce your storage and hours of use. Please note that in the event plan is downgraded by us or by you manually, you shall lose all your projects, third party software integrations and data.

We may change the plans and prices in effect but will give you prior notice of these changes. These changes will apply after your current service term expires, when the next payment is due from you after the notice. If you do not wish to continue with the updated storage plan or price, you may cancel or downgrade your Paid Plan at any time from within your Subscription- Manage settings. Your cancellation or downgrade will apply to the next billing period after the current service term; we will give you a chance to take your files out of Digital Hub Platform.

Open Source

In the operation and performance of the Service of Digital Hub, certain elements of such Open Source software maybe used. Therefore, the operation of Service shall be subject to Open Source software licenses, such as Grafana, Superset and Jupyter Lab, to the extent required.

Third Party Website/Software’s, Community and Services

The Service and Content available through the Website may integrate with other third party service Providers such as Social Communities e.g. Tribe (https://tribe.so) and third-party payment processor Services e.g. Stripe. If you link to Third Party Websites, you may be subjected to those Third-Party Websites' terms and conditions and other policies. Digital Hub makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, data protection and your linking to any other Website is completely at your own risk and Digital Hub disclaims all liability thereto.

Any and all contents and services (including advertising) within Digital Hub that are not owned by Digital Hub are "third party content and services." Digital Hub acts merely as an intermediary user of, and accepts no responsibility or liability for third party content and services. In addition, and without limiting the generality of the foregoing, Digital Hub may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. Digital Hub does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.

Confidentiality

The term “Confidential Information” shall mean any and all of Digital Hub’s trade secrets, confidential and proprietary information, and all other information and data of Digital Hub that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Digital Hub or Digital Hub’s business, operations or properties, including information about Digital Hub’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

The User acknowledges that pursuant to this Agreement, the User will have access to confidential information of Digital Hub and its affiliates. The User undertakes to keep confidential all data and other confidential information of Digital Hub and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the User by Digital Hub but not be limited to Website users details (i.e., Personal Information and sensitive personal information as defined under the PIPEDA phone numbers, market information, all work products and documents related thereto, the contents of the Website / Portal or any other information, whether provided orally or in writing, received or to be received by the User. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of Digital Hub (“Competitor”). In the event, Digital Hub becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, Digital Hub can claim such direct and indirect damages as it may suffer due to such losses.

Indemnification

The User agrees and undertake to indemnify and to hold harmless Digital Hub and other parties determined by Digital Hub, Digital Hub affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any data loss, financial losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the User of the User’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or User T&C; (ii) any infringement or unauthorized use of intellectual property rights of Digital Hub including but not limited to infringement of intellectual property rights of Digital Hub in the Website (iii) any breach of the confidentiality obligations of the User under this Agreement or User T&C; (iv) any violation of Digital Hub policies by the User; (v) any harm to the reputation and goodwill of Digital Hub directly attributable to the User; and (vi) damage, unauthorized use or loss of the Website.

Electronic Communications

When you send an e-mail or chat electronically with Digital Hub, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or sms text messages. You agree that all agreements, notices, disclosures and other communications that Digital Hub provides to you electronically satisfy legal requirements that such communications be in writing.

Use Of The Services

Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Platform. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by Digital Hub or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Digital Hub will not be liable on account of any inaccuracy of information on its Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on Digital Hub unless specifically authorized by Digital Hub in this regard.

In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conductor of anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Limitation of Liability

DIGITAL HUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY(I) DATA LOSS (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIGITAL HUB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT DIGITAL HUB SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY DIGITAL HUB FROM ITS FACILITIES IN CANADA. DIGITAL HUB MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DIGITAL HUB IS TO STOP USING THE DIGITAL HUB PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR DIGITAL HUB ACCOUNTS, IF APPLICABLE.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE DIGITAL HUB NOR ANY PERSON ASSOCIATED WITH THE DIGITAL HUB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

We shall not be liable to you for any loss suffered in relation to your use or inability to use the website without limiting the foregoing, neither the digital hub nor anyone associated with the digital hub represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR USERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF DIGITAL HUB. AND DIGITAL HUB CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.

THE DIGITAL HUB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Entire Agreement/ Severability

These Terms and Conditions incorporate our Privacy Policy, which together constitutes the entire agreement between You and Digital Hub, in relation to Your use of the Website and/or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Digital Hub relating to this subject matter, and cannot be changed or terminated orally.

Assignment

You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Digital Hub, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

Non-waiver

Failure by either Digital Hub or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

Force Majeure

Digital Hub shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Governing Law And Arbitration

The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Calgary, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Alberta. Therefore, you agree that: Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Alberta. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

Arbitration Procedures:

Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.

Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.

Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

Promotional Credit

Promotional Credit will be applied only to offset eligible fees and charges incurred during or following the billing cycle in which you apply the applicable Promotional Credit code to your Digital Hub™ account. Promotional Credit will be applied only to the specific Services designated by us (collectively, “Eligible Services”). Eligible Services are Upgrading a Digital Hub™ account and purchasing Top off hours. You may not use the Credit to purchase Storage.

Each Promotional Credit code can only be redeemed once and only on one Digital Hub™ account.

You may not sell, license, rent, or otherwise transfer Promotional Credit. Promotional Credit may be applied only to your own Digital Hub™ account. Promotional Credit has no intrinsic value, is not redeemable for cash, has no cash value, is nonrefundable, and serves merely as a means to provide an incentive to use our Services. Promotional Credit may not be purchased for cash, and we and our affiliates do not sell Promotional Credit.

Promotional Credit is void in the event of fraud, misuse, or violation of any terms of the Agreement, these Terms, or the terms of the agreement, promotion, or program pursuant to which you received the Promotional Credit. Promotional Credit is void if sold for cash or other consideration. Any Promotional Credit applied to Digital Hub™ accounts that are determined by us to have been created solely for the purpose of obtaining Promotional Credit is void. In addition to any other legal relief available to us, you will reimburse us for the amount of any Promotional Credit you use in violation of these Terms.

By accepting Promotional Credit, you represent and warrant that your receipt and use of Promotional Credit is not prohibited or inconsistent with any applicable laws, regulations, or binding orders (including applicable ethics or procurement rules).

Unless authorized by us, Promotional Credit may not be used in conjunction with any other promotional or incentive offer from us.

Promotional Credit is valid for a limited time only and cannot be redeemed after the expiration date indicated when you receive the applicable Promotional Credit code (or such other date designated by us or in these Terms). Redeemed Promotional Credit will be applied to offset eligible fees and charges incurred during the entire billing cycle in which it expires. Failure to redeem Promotional Credit before its expiration date will result in its forfeiture. We reserve the right to cancel Promotional Credit at any time. No refunds will be granted for any expired or cancelled Promotional Credit.

If you have any questions or concerns regarding these Terms or our Services, please contact us at info@digitalhub.io