Updated: March 29, 2021
Terms of Service
- General: These Terms of Service are a legally binding contract between HuForce GmbH (referred to herein as "we", "us" or "our") and your company, team, organization, group, and/or entity (referred to herein as "you" or "your company"). By clicking "I accept" or using HuForce, you are accepting and agreeing to our Terms of Service.
- "Terms of Service" or "this agreement" means all terms and conditions set forth below.
- "HuForce" means any of our services offered on or through https://huforce.ai, any of its subdomains, or the HuForce Microsoft Teams integration.
- "User" means any individual of your company that has access to the HuForce service.
- "You the Person" means you the Person that is reading this Terms of Service not your company.
- "Content" means data, information, (User) content, including confidential information and personally identifiable information, that is created, stored, or provided by you through the transmission, integration, import, display, distribution or use of HuForce.
- "Feedback" means any suggestion or idea for modifying any products or services of HuForce.
- Authorization: You must not use HuForce if you are in direct competition with us or don't understand or comply with these Terms of Service.
Product and License
- Product: HuForce is among other things a hosted software application tailored for making private text-data searchable, and sharing questions and answers amongst users of an organization. HuForce includes features, services and functionality as specified on our homepage https://huforce.ai.
- License: By purchasing a HuForce subscription, we grant you a limited, revocable, non-exclusive, worldwide, non-sublicenseable and non-transferrable license to use HuForce solely for your internal business purposes during the subscription term and in accordance with our Terms of Service.
- You the Person: You the Person hereby represent and warrant that You the Person are an employee, contractor, director, officer or agent of your company you reference in connection with setting up an account and purchasing a subscription. You the Person hereby represent and warrant that You the Person are authorized by your company to be a "Representative" for your HuForce product/subscription.
Use of HuForce
- The following terms apply to your company:
- You are responsible for maintaining the confidentiality of your account, and you are fully and solely responsible for all activities that occur under your account. It is up to you to take adequate precautions with your account, and to immediately notify us of any unauthorized use of your account. You shall indemnify, defend and hold harmless us and our affiliates from any and all third party claims, liability, damages and/or costs arising from or related to your use of HuForce and each User's use of HuForce, violation of these Terms of Service by you or any User, any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any User. We will not be liable for any losses experienced by you which are caused by unauthorized use of your account.
- Your company account will be accessed through the organizational Microsoft account of your representative.
- You shall provide accurate, true and current information as prompted during the account registration and buying process and shall keep it current at all times.
- You shall be solely responsible for all activities of Users associated with HuForce.
- Your account must not be shared with any other organization, team, company or external individual.
- You are solely responsible for ensuring that each of your Users receives a copy of or has access to these Terms of Service.
- You must not attempt to hack, destabilize or adapt HuForce or its source code.
- You and your users are allocated a limited amount of resources (e.g. storage capacity, RAM), which is defined by the subscription terms or otherwise by us. You are solely responsible for ensuring that these limits are adhered to. We are not liable in any way for any losses or malfunctions, if your usage of HuForce exceeds these limitations.
- The following terms apply to any User:
- Users are responsible for maintaining the confidentiality of their account, and they are fully and solely responsible for all activities that occur under their account. It is up to the individual Users and their company to take adequate precautions with their accounts, and to immediately notify us of any unauthorized use of their account. Users shall indemnify, defend and hold harmless us and our affiliates from any and all third party claims, liability, damages and/or costs arising from or related to the use of HuForce, the User's violation of these Terms of Service, or any infringement or misappropriation of any intellectual property right or other right of any person or entity by any User. We will not be liable for any losses experienced by any User which are caused by unauthorized use of a User account.
- Users are able to access their accounts through their organizational Microsoft account
- User accounts must not be shared with any other individual.
- Any User is 16 years of age or older and, if under the age of 18, either is an emancipated minor or has obtained the legal consent of his/her parent or legal guardian to enter into these terms.
- Users must not use HuFore for any illegal or unauthorized purpose.
- Users must not attempt to hack, destabilize or adapt HuForce or its source code.
- Users shall not, without our prior express written permission, use any high volume automated means (including robots, spiders and scripts) to access HuForce.
- Users agree not to collect or harvest any personally identifiable information of other Users obtained through HuForce.
- Users agree not to violate any Content terms and conditions listed below.
- The following terms apply to any Content submitted by any User:
- You retain ownership rights to the Content you submit to or make available on HuForce.
- Users agree not to upload, post or otherwise transmit any Content, software or other materials which contain a virus or other harmful or disruptive component.
- We have the right, not the responsibility, to monitor, edit, block or remove Content posted or uploaded to HuForce at any time without notice. We are allowed to screen or monitor Content or any other data in order to determine compliance with our Terms of Service.
- Users agree not to upload, post or transmit any Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) they know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive Content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit Content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you and your Users. You and your Users shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.
- You are solely responsible for creating backup copies of and replacing any Content and data posted to or created/retrieved by HuForce at your sole cost and expense. We do not accept any responsibility or liability for the loss of your Content or data.
- We are not responsible for the accuracy or credibility of any Content. We are not liable in any way for Content or any data, including for any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of Content or data generated or retrieved by HuForce.
- Content shall not include (HuForce) feedback.
- The following terms apply to any feedback submitted by any User:
- You agree that we own all intellectual property rights of all feedback provided by you or your Users.
- The following terms apply to your company:
- Our materials: Except for your Content, HuForce and its materials including text, graphics, photographs, trademarks, logos, icons, User interfaces, sounds, music, videos, artwork, software and computer code is owned by us.
- Marketing, Promotion: You grant us a worldwide, revocable, non-exclusive, and royalty-free license and right to to use your company name, trade name, and trademarks and/or service marks (including logos) for marketing and promotional purposes. Representatives may request us not use company trademarks or name for promotional purposes, by sending a notice to email@example.com. We will make reasonable efforts to honor such requests.
Representative, Admins and User Accounts
- Representative: The representative is the person who created the company account. You understand that the representative acts and controls HuForce on behalf of your company as an admin.
- Admin: Admins are able to activate or deactivate User accounts, within the limit of purchased seats, manage permissions and adjust settings. You understand that any admin acts and controls HuForce on behalf of your company.
- User accounts: A User account is automatically activated after logging into the HuForce system for the first time, unless this feature is disabled by an admin or the number of used seats reached the number of purchased seats. Users may only login into the HuForce system through Microsofts' Single-sign-on with a Microsoft account that is a member of your companies' Microsoft organization. You are solely responsible for activating and managing purchased User accounts. That means that any member of your Microsoft organization could gain access to HuForce and your Content, if not explicitly disabled.
Subscription, Payment and Taxes
- Subscription fees: Use of HuForce will incur fees and payment obligations that are specified when purchasing a HuForce subscription. Subscriptions are non-refundable and must be paid for in advance unless agreed to otherwise in writing. There will be no refunds or credit for any time period where HuForce is not accessible or not used by any User for any reason. Any fees and payment obligations must be maintained throughout the subscription term for your use of HuForce. In addition, valid payment information must be maintained at all times during the subscription term in order for your company account to remain active.
- Subscription limit: The purchased HuForce subscription and license specifies the additional limits of your and your Users' usage of HuForce. This includes among other things the subscription term in which you and your Users are allowed to use HuForce and the maximum number of activated User accounts, which is determined by the number of purchased seats.
- Upgrade subscription: You may extend your limit of activated User accounts by purchasing additional seats for the current or subsequent subscription term. You pay the same, full price for any additional seats for your current subscription term, although the expiration date for these additional seats will be the end of your current subscription term.
- Downgrade subscription: You may not downgrade or reduce the number of seats during the current subscription term. If you reduce the number of seats for the subsequent subscription term, an admin of yours must also reduce the number of activated Users to the number of available seats for the subsequent subscription term in the HuForce application in advance of this subsequent subscription term. Downgrading may cause loss of Content, features, or capacity of HuForce, and we do not accept any liability for such loss.
- Payment method / conditions: The method of payment is determined by us. If requested by us, you will set up a SEPA direct debit scheme.
- Default of payment: In the event of default of payment by the customer, default interest calculated at 12% above the base interest rate is owed from the day on which the debt fell due.
- Payment information: You agree to promptly update your account information, including payment information, with any changes that may occur.
- Price: The fees of any purchase are determined by the current price which are stated upon checkout (plus legal VAT). You authorize us to charge you for all fees stated at checkout and take payment in accordance with the payment information in your company account. In the event of an increase or decrease in your payment obligation, the fees payable by you will increase or decrease in accordance with such modification. Additional costs and expenses in money transfer (Bank charges, etc.) shall always be chargeable to the client.
- Taxes: Unless otherwise stated, our charges do not include any taxes. You are responsible for paying taxes. We will invoice you for such taxes if we believe we have a legal obligation to do so and you agree to pay such taxes if so invoiced.
- Third party payment: Web may use a third-party payment processor to bill for the use of HuForce. The processing of payments will be subject to the terms, conditions, and privacy policies of our payment processor in addition to these Terms of Service. We are not responsible for any errors by our payment processor. By choosing to use HuForce, you agree to pay us through our payment processor all charges at the prices that we invoice you.
Term, Termination and Cancellation
- Term: The subscription term is the period which is selected by your representative or displayed to your representative when purchasing the HuForce subscription for the first time. Your subscription will be renewed within this interval, unless the subscription has been terminated.
- Auto-renew: You accept responsibility for all recurring charges. We may submit periodic charges without further authorization from you, unless your HuForce subscription or auto-renewal has been terminated. Until notice of non-renewal, your subscription term automatically auto-renews with the defined subscription limits for the same duration as the subscription term originally selected, and will be charged at the current non-promotional rate as of the renewal date. If no custom subscription limits, such as the number of seats, were defined, the successive limits are taken accordingly.
- Auto-renew termination: Auto-renewal may be deactivated by you within the HuForce app or by sending a proper notice which states your claim at least 5 work days before the end date of your current subscription term to firstname.lastname@example.org from your registered company email.
- Subscription termination: You may terminate your current subscription within the HuForce app or by sending a proper notice which states your claim to email@example.com from your registered company email. We will process your request within 5 work days. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for this terminated subscription term. Your subscription will not be renewed, if your notice was sent at least 5 work days before the end of your current subscription.
- Termination by us: We may terminate or limit a free license or subscription at any time, in any way, for any reason or no reason, without a notice and without any refund. We may terminate or block any renewal of your subscription without any refund, by giving notice before the end of your subscription term. We may terminate your subscription, refuse any and all current or future use of HuForce, for non-payment, failure to comply with these Terms of Service, government or court order, or any other reasonable reason, without any refund, at any time. We have the right to refuse the purchase of a subscription. If you don't have an active subscription, we have the right to refuse any and all current or future use of HuForce.
- Termination: This Terms of Service shall remain effective until the subscription has been properly terminated or has expired. The following sections shall survive any termination or expiration of this agreement under any conditions: 3.1.1, 3.2.1, 4, 7.6, 9, 10, 11, 13. You may generate a backup of your data and Content prior to your canceling, expiration or a possible termination by us. All of your Content and data may be immediately and permanently deleted upon termination or expiration of your subscription.
Requirements and Permissions
- Requirements: You are solely responsible for obtaining and maintaining all equipment and services needed for your Users' access and use of HuForce and for paying all charges related thereto. Among other things HuForce requires a high-speed internet connection, browser software that supports protocols used by HuForce and a Microsoft Teams license. Each HuForce User requires a Microsoft account that is a Member of your Microsoft organization.
- Permissions: A Microsoft administrator of your Microsoft organization is required to install our Microsoft Teams integration and must consent HuForce the following application permissions for your Microsoft organization for using HuForce: "Group.Read.All", "TeamMember.Read.All" and "User.Read.All". Your Users must grant HuForce all requested Microsoft permissions for using HuForce.
Anti-corruption and Export Compliance
- Anti-corruption: You agree that you have not received or been offered any illegal or improper bribe, kickback, payment, gift or thing of value from any of our employees or agents in connection with these Terms of Service. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction.
- Export Compliance: The services, materials and technology of HuForce, and derivatives thereof, may be subject to export controls and economic sanctions laws and regulations of Austria, the United States and other jurisdictions. You agree to comply with all such laws and regulations. You represent that you are not named on any Austria or U.S. government restricted-party list, will not permit any User to access or use HuForce in a Austria or U.S.-embargoed country or region, and will not permit HuForce to be used for any prohibited end use.
Warranties and Disclaimer
- EACH PARTY OF THIS AGREEMENT REPRESENTS AND WARRANTS THAT IT HAS THE LEGAL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND THAT YOUR COMPANY ENTERS INTO THIS AGREEMENT BY A REPRESENTATIVE EMPLOYEE OF SUCH ENTITY WITH ALL NECESSARY AUTHORITY TO BIND SUCH ENTITY TO THESE ENTITY TERMS.
- WE PROVIDE HUFORCE ON AN "AS IS'' AND "AS AVAILABLE" BASIS WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES. ANY USE OF HUFORCE IS AT YOUR OWN RISK. WE PROVIDE HUFORCE WITH NO WARRANTIES; WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT HUFORCE WILL MEET YOUR REQUIREMENTS; THAT HUFORCE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT HUFORCE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HUFORCE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY YOU OR A THIRD PARTY THROUGH HUFORCE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO AND IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
- IN NO EVENT SHALL WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY REPRESENTATIVE OR USER THEREOF FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (III) ANY DIRECT DAMAGES THAT EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THIS AGREEMENT IN THE MOST RECENT TWELVE (12) MONTH PERIOD. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., INDEMNITY, WARRANTY, TORT, NEGLIGENCE, CONTRACT LAW) AND EVEN IF WE OR OUR AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE FULLEST EXTENT OF THE LAW. IN ADDITION, ARE WE NOT RESPONSIBLE FOR THE ACCURACY OR CREDIBILITY OF ANY CONTENT, DATA OR STATISTICS, AND DO NOT TAKE ANY RESPONSIBILITY.
- Security: We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information and Content for improper purposes.
- Rights: We reserve all rights that are not expressly granted to you.
- Jurisdiction: This agreement will be governed by and construed in accordance with the applicable laws of Upper Austria, Austria, without giving effect to the principles of that state regarding conflicts of laws. All claims, legal proceedings or litigation arising in connection with HuForce will be brought solely in Linz, Austria, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You and we agree that any cause of action or claim for relief arising out of or related to HuForce must commence within one 1 year after the cause of action accrues or it is waived. The United Nations Convention for the International Sale of Goods does not apply to this agreement.
- Changes: These Terms of Service, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of HuForce after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. You can determine when these Terms of Service were last revised by referring to the date at the top of this page ("Updated"). Similarly, if the terms of the subscription change, you may experience changes to the features or capacity of your account.
- Convenience: The various headings in these Terms of Service are for convenience only and shall not affect the meaning or interpretation of any section or provision of these Terms of Service. Terms defined in the singular have the corresponding meanings in the plural, and vice versa.
- Notices: All notices will be in writing and will be deemed to have been duly given on the date sent by email or other electronic means including in product communications. Electronic notices to us should be sent to firstname.lastname@example.org. If your company has already registered an account, the sender of all notices should be the registered email of your company account. Notices will be deemed to have been received 5 business days after mailing. If you have any questions, please contact us.
- Waiver: Our failure to enforce any part of this Terms of Service shall not constitute a waiver of our right to later enforce that or any other part hereof. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this Terms of Service to be binding, we must provide you with a written, signed notice of such waiver through one of our authorized representatives.
- Relationship: The parties are independent contractors. This agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.