All Things Legal
To make things simple we have put all the legal things in one place for our organizers, venues, users, and everyone else. While the lawyers had their way with some of the legalese we won the battle making most of this make sense to the common eye. After all, we started with a passion for building great user experiences so we wanted this to be no different.
PRODUCT SPECIFIC TERMS
The TorkHub Product Specific Terms are intended to highlight some of the important things about using our different products. The Product Specific Terms form part of the TorkHub Customer Terms of Service (the “TOS”) and are hereby incorporated therein.
If you are using any of the product(s) or service(s) described below, the terms corresponding to those product(s) applies to your use. We periodically update this page by posting a revised copy at https://legal.TorkHub.com/product-specific-terms, so please check back here for current information.
- TorkHub
- Consulting and Other Services
- Service Level Commitment
- Customer Support
1. TorkHub
1.1 TorkHub Subscription Fees
TorkHub has several subscription fee options base on the level that you chosen on your Order.
1.2 Email Send Limit
1.3 Limits
1.4 Modifications
We may make changes to the TorkHub or Services that materially reduce the functionality provided to you during the Subscription Term.
1.5 Non-Renewal Notice Period
To prevent continuation of the Subscription Term of a free subscription, you or we may close your account.
1.6 Retrieval of Customer Data.
For the TorkHub and Free Services, we will not provide you with any access to Customer Data after termination or expiration of your subscription. If you want to retain any Customer Data after your Subscription Term ends, we recommend you export that data from your TorkHub account in advance.
2. CONSULTING AND OTHER SERVICES
2.1 Consulting Services
You may purchase Consulting Services by placing an Order with us. Unless we otherwise agree, the Consulting Services we provide are described in the Product and Services Catalog and will be delivered in English. Fees for these Consulting Services are in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription.
2.1.1 Location. All Consulting Services are performed remotely, unless you and we otherwise agree. For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice.
2.1.2 Delivery. If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description, which expiration period will commence upon purchase (the “Expiration Period”).
If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If there is no Expiration Period or Delivery Period indicated, then it will be one hundred and eighty (180) days from purchase.
If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed to be complete at the end of the Delivery Period. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services.
2.1.3 Third Party Providers. We might provide some or all elements of the Consulting Services through third party service providers. Consulting Services are non-cancellable and all fees for Consulting Services are non-refundable.
2.2 TorkHub Insights and Enrichment Data.
TorkHub Insights is a database of company information that TorkHub gathers from public and third party sources. It is updated in real-time as we get new information.
“Enrichment Data” means the company level information we make available to you as part of the TorkHub Insights database. Enrichment Data does not include Personal Data. We do not use Customer Data to populate Enrichment Data. You’ll recognize Enrichment Data in the TorkHub because it is flagged with a grey information icon (or highlighted in some other way), which on hover, identifies the property as being filled from TorkHub’s Insights database. These properties may include information such as company name, company location, and company address.
If we make Enrichment Data available to you, then you may only use that Enrichment Data in connection with your use of the Subscription Service. We may change what Enrichment Data we provide, or discontinue providing Enrichment Data at any time with or without notice to you.
2.3 Alpha/Beta Services.
If we make alpha or beta access to some or all of the Subscription Service (the “Alpha/Beta Services”) available to you (i) the Alpha/Beta Services are provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Alpha/Beta Services for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind related to your use of the Alpha/Beta Services. For all Beta Services, the following terms also apply: https://legal.TorkHub.com/TorkHub-beta-terms. If we inform you of additional terms and conditions that apply to your use of the Alpha/Beta Services, those will apply as well. We might require your participation to be confidential, and we might also require you to provide feedback to us about your use of the Alpha/Beta Services. You agree that we own all rights to use and incorporate your feedback into our services and products, without payment or attribution to you.
2.4 Third Party Sites and Products.
You can choose to integrate Third Party Sites and Products with the Subscription Service. We are not responsible for any Third-Party Sites and Products or for any issues arising from or related to the Third Party Site or Product. The availability of any integration to a Third-Party Site or Product does not mean we endorse, support or warrant the Third-Party Site or Product.
3. SERVICE LEVEL COMMITMENT
3.1 For the purposes of this 'Service Uptime Commitment' section, the following definitions shall apply:
"Priority 1" means a critical full outage/severe issue that constitutes a catastrophic problem that causes complete inability to use the Subscription Service, excluding Free Services, across a significant portion of the production environment (e.g. crash or hang), resulting in production downtime and where there is no workaround or solution to the problem.
"Excluded" means the following: (i) unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or any other force majeure event or factors; (ii) any problems resulting from Customer's combining or merging the Subscription Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Subscription Service; (iii) interruptions or delays in providing the service resulting from telecommunications or internet service provider failures outside of our datacenter as measured by our third party website availability monitoring provider; and (iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service.
"Service Uptime" means (total hours in calendar month - unscheduled maintenance which causes unavailability - Priority 1 issue durations - scheduled maintenance - Excluded) / (Total hours in calendar month - scheduled maintenance - Excluded) X 100%.
3.2 We will use commercially reasonable efforts to meet a Service Uptime of 99.95% for our Subscription Service in a given calendar month. All availability calculations will be based on our system records. Notwithstanding anything to the contrary in this Agreement, as Customer's sole and exclusive remedy for failure to meet availability or support commitments, in the event there are two (2) or more consecutive calendar months during which the Service Uptime falls below 99.95% in a given calendar month, Customer will be entitled to receive a credit equal to the pro rated amount of fees applicable to the downtime as measured within two (2) or more consecutive calendar months during which the Service Uptime fell below 99.95%, which credit shall be applied against an invoice or charge for the following renewal Subscription Term, provided Customer requests such credit within twenty (20) days of the end of the relevant calendar month. Notwithstanding anything to the contrary in the Agreement or this section, this 'Service Uptime Commitment' section does not apply to our Free Services.
4. CUSTOMER SUPPORT
If you pay us a Subscription Fee for our Starter edition products, email and in-app support is included at no additional cost. If you pay us a Subscription Fee for our Professional or Enterprise edition products, phone, email and in-app support is included at no additional cost.
4.1 Phone Support.
Phone support for Professional or Enterprise edition subscriptions is available Monday - Friday from 8am to 8pm Friday EST (Central Standard Time), with reduced hours during holidays. We accept email and in-app support questions 24 hours per day x 7 days per week. Email and in-app questions can be submitted through the help widget in the lower right hand corner of your account or by following the link at http://help.TorkHub.com.
4.2 Email and In-app Support.
Email and in-app responses are provided during phone support hours only. We attempt to respond to email and in-app support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of TorkHub representatives.
4.3 Support Limitations.
Issues resulting from your use of API's or your modifications to code in the Subscription Service may be outside the scope of support. We will only provide support for integrations which are listed in-app as being supported by TorkHub.