Welcome to amly.work, a time tracker for teams.
amly.work (as defined in Section 1) is owned and operated by Hubino LLC., 7260 W. Azure Dr, Suite 140-567, Las Vegas, NV 89130, USA. By accessing, downloading, saving, installing, using or attempting to use amly.work, you enter into a legally binding contract with Hubino LLC. and you agree to these Terms of Use, Privacy Policy, Cookie Policy, Security Policy, including any supplemental license terms that accompany the Software (as defined in Section 1), any documents and any linked terms in the Terms of Use (such as the Price Plan).
Terms of Use in other sections apply generally to all Service and to all Users (as defined in Section 1). Nevertheless, Section 25 of the Agreement, which contains service-specific terms, applies to the Users of Server amly.work (as defined in Section 1) in addition to the general Terms of Use. These service-specific terms govern if there are any conflicts with the general terms.
Even though the essential features of Service are free of charge, some features may entail an obligation to pay. Therefore, please pay attention to these Terms of Use and other information displayed on amly.work.
All the terms are important and together create this Agreement that applies to you. If you find anything in this text that you do not agree with, please stop using amly.work immediately and/or delete your account. Accounts on Cloud amly.work can be deleted in accordance with these instructions.
IN ADDITION, THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 22 OF THE TERMS OF USE. YOU ALSO UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Hubino LLC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THESE PROVISIONS AFFECT YOUR RIGHTS TO RESOLVE DISPUTES WITH Hubino LLC. AND WE STRONGLY SUGGEST YOU REVIEW IT CAREFULLY.
If you have become a User of any of the paid plans which are no longer offered on amly.work ("Previous Plans"), you are entitled to continue to use amly.work per such Previous Plan in accordance with Section 8A of the TOU.
When we say "active user" we are referring to the user in an Enterprise Plan who has either "active" or "invited" status.
When we say "Admin" we are referring to the User who is either the "Owner" (the person who created the Workspace) or "Regular admin" (anyone who is added to Admin's user group), as further explained here.
When we say "Agreement" we mean the contract comprising these Terms of Use (as amended from time to time in accordance with Section 4), Privacy Policy, Security Policy, Price Plan, and any supplemental license terms that accompany the Software and any terms linked in this document.
When we say "Client" we mean User who installs a full or partial copy of Server amly.work on the User's device.
When we say "amly.work" or "Software", we refer to the time tracking software, the browser app, all the desktop apps and mobile apps, its updates, upgrades, enhancements, modifications, extensions, new features and possible replacements provided by Hubino LLC., now existing or later developed, and other programs and tools, developed in conjunction therewith, including:
When we say "Hubino LLC.", "we" or "us ", we are referring to Hubino LLC., 7260 W. Azure Dr, Suite 140-567, Las Vegas, NV 89130, USA.
When we say "Content" we mean all amly.work's features and technical resources available to Users, including but not limited to information, data, text, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, provided, or otherwise made accessible on or through amly.work.
When we say "End User" we mean User who uses Server amly.work based on the license lawfully obtained by Client (Server amly.work). End Users have to access Server amly.work via email that contains the Client's domain used for the license under with the Agreement.
When we say "Enterprise" we mean a User of Cloud amly.work which is a legal entity.
When we say "Extra Features" we mean features that are not included in the free version of Cloud amly.work and that require a subscription to one of the Paid Plans.
When we say "Free Plan" we mean features that are included in the free version of Cloud amly.work.
When we say "Intellectual Property Rights" we mean any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or another intellectual property right, and all similar or equivalent rights or forms of protection, in any part of the world.
When we say "Party" or "Parties" we refer to Hubino LLC. and/or User.
When we say "Paid Plan" we mean any subscription plan that we charge as explained here.
When we say "Price Plan" we refer to the description of a set of features for each Paid Plan, available here.
When we say "Privacy Policy" we refer to Hubino LLC.'s personal data protection policy available here.
When we say "Regular user" we are referring to a User who has been invited, permitted or caused to have access to a shared Workspace by Admin, either through the User Account or otherwise. The User can be Admin and Regular user at the same time in relation to different Workspaces, as further explained here.
When we say "Security Policy" we refer to Hubino LLC.'s security data protection policy available here. Hubino LLC.'s security data protection policy is applicable solely to the Cloud amly.work.
When we say "Seats" we mean the number of Users in the Enterprise Plan including both active and inactive users.
When we say "Service" we mean making amly.work available by Hubino LLC. in any version (both Cloud amly.work and Server amly.work), in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs and tools.
When we say "Server Plan" we mean the pricing for the "Server amly.work" as explained here and agreed between the Parties.
When we say "Subscriber" we mean User to whom a Subscription Plan belongs.
When we say "Subscription Plan" we mean different sets of Content provided on Cloud amly.work and priced differently. There are two types of Subscription Plans based on the availability of Extra Features.
When we say "Subscription Term" we mean period for which the Paid Plan is made available to a Subscriber, provided Subscriber adheres to the obligations arising from the Agreement. The subscription can be either monthly or annual.
When we say "Terms of Use"or "TOU" we mean these rules that govern the use of the Service.
When we say "User", "you" and "your" we refer to any person or entity, other than Hubino LLC., that uses, accesses, downloads, saves, installs, possesses, controls, or receives the Service or the Software or any part thereof. The term User encompasses different categories of users which: 1) may be divided based on the access level (such as Admin, Regular User and Project Manager) 2) may be divided based on the type of Service they use (for example, Subscriber (Paid Plan on Cloud amly.work), user that has been invited by Subscriber or Owner of the Workspace, Client and End User (Server amly.work) 3) are using amly.work as natural persons or as legal entities (Enterprise). The term User also includes those that access the Platform (within the meaning of Section 1). Users should interpret the term as referring to them unless the context suggests otherwise.
When we say "User Account" we mean an account provided by amly.work, whose purpose is to allow User to access and use Content or certain parts of it and create User Content.
When we say "User access levels" we mean three different roles a User may have:
as further explained here.
When we say "User Content" we mean any content provided by User in Workspace or anywhere else on amly.work, including any entered, recorded, stored, used, controlled, modified, disclosed, transmitted or erased information and data.
When we say "User's device" we mean (i) the designated system (server) capable of running the Software; or (ii) any hardware system, whether physical or virtual, with an internal storage device capable of running the Software.
When we say "Website" we mean the websites located at https://amly.work/, as well as the related mobile apps and desktop apps and all browser extensions collectively or each of them individually.
When we say "Workspace" we mean the user environment provided via the Service, including private workspace (only visible to the User that created it) or shared workspace (visible to the User that created it and to the Users with whom it has been shared), as further explained here.
The Service is solely intended for those who have full legal capacity.
If you are a natural person, you need to be at the age of majority (legal age) to be able to use the Service. Legal age depends on the national legislation applicable to the User (probably you need to be 18 years old). By using the Service, you represent that you are of legal age. If you are not at the required age, please stop using the Service or amly.work immediately.
An Admin must ensure that any Regular user, who is a natural person, whom he causes to become a User (for example, by inviting the person to access the Service) has full active legal capacity.
The Service is primarily aimed at businesses and companies. However, if you are using the Service as a natural person for a purpose unrelated to trade, business or profession and wish to rely on consumer protection legislation, you need to notify Hubino LLC. before you start using the Service and before subscribing to any Paid Plan. In the event a User fails to send such notification to Hubino LLC., the User will not be able to rely on any applicable consumer law and will not be able to invoke any consumer rights (including the right to withdraw from the Agreement).
If you are an individual User, or are accessing the Service or Software, or are otherwise browsing the Website, this Agreement is between you, individually, and Hubino LLC.
If you enter this Agreement on behalf of Enterprise, you warrant that:
Please note that, if you subscribe to the Service with an email address from the Enterprise (containing corporate email domain), you will be deemed to represent such Party and the word "User" or "You" in these TOU will refer to such Enterprise.
In this case, Enterprise and the individual who subscribed on behalf of the Enterprise are jointly responsible for the use of the Service and Software.
If You subscribe to the Service with a personal email address and there is no formal affiliation to an Enterprise, You will be deemed User and not the Enterprise.
Hubino LLC. reserves the right to manage its User profile, the risks it will assume, the industries it will serve, and the locations where it will do business, including choosing to not provide Service to certain groups parties, industries, or companies in certain countries, in its sole discretion.
Unless otherwise agreed to by You and Hubino LLC., in the case of Enterprise, during the Term, Hubino LLC. may disclose your business name as a User of amly.work and/or subscriber to the Service, and You hereby grant Hubino LLC. the right to display your name, company, and logo in Hubino LLC.'s marketing materials and on Hubino LLC.'s public website, in each case in accordance with any branding guidelines You may provide to Hubino LLC.
If You integrate with Hubino LLC. using our API, You must use efficient programming, which will not cause an excessive number of requests to be made in too short a period of time, as determined solely by Hubino LLC. If this occurs, Hubino LLC. reserves the right to throttle your API connections or suspend or terminate your Hubino LLC. account.
User shall be bound by this Agreement in any of the following situations, whichever occurs first:
We will make the Service available to You pursuant to this Agreement and the applicable plan You have chosen. We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except (a) during planned downtime (of which we will give advance notice); or (b) for any unavailability caused by circumstances beyond our reasonable control, including, for example, a force majeure event; or (c) as necessary to update the Service to ensure its security and integrity and provide the Service only in accordance with Applicable Law. Downtime excludes performance issues with individual features, external network or equipment problems outside of our reasonable control, or issues that are related to external apps or third parties.
You acknowledge that Hubino LLC. may modify the features and functionality of the Service during the Term of the Agreement. Hubino LLC. shall provide You with commercially reasonable advance notice of any deprecation of any material feature or functionality.
If You are dissatisfied with the terms of this Agreement or any modifications to this Agreement or the Service, You agree that your sole and exclusive remedy is to terminate your subscription and discontinue use of the Service.
Hubino LLC. may revise and update these Terms of Use or any part of Agreement at any time.
If you use Cloud amly.work, you are cautioned to review the Terms of Use posted on the Website periodically. Any changes shall enter into force upon being published on the Website (including via the User Account) and/or after at least 10 days after you have received a notification from us via email. Your continued access or use of the Website after any such change will constitute your acceptance of these changes. If you do not agree to the new terms of Agreement, and you have not subscribed to any of the Paid Plans, you must stop using Cloud amly.work and delete your account.
If you are subscribed to any of the Paid Plans, the existing Agreement will continue to be valid until the expiration of the then-current billing term (for example, until the expiry of the month for which Client has already made payment to Hubino LLC.), unless the Parties agree otherwise (including the agreement which entails an implicit consent by the User's continued use).
If you use Server amly.work, Hubino LLC. will send you the notification on the amendments of TOU. If you do not agree to the new TOU, you must notify Hubino LLC. within 10 days from receipt of such notification or delete your User Account. If you fail to send such notification to Hubino LLC. or delete your User Account, your continued use will be deemed as acceptance to the new TOU. If you do not wish to comply with the new TOU and you send a notification with the refusal to comply within 10 days, the existing Agreement will continue to be valid until the expiration of the then-current billing term (for example, until the expiry of the year for which Client has already made payment to Hubino LLC.), unless the Parties agree otherwise.
By accepting these TOU, you agree to this electronic contract. In addition, by visiting or sending emails to amly.work constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, satisfy any legal requirement that such communications be in writing.
Please note that notifications about any amendment of TOU by Article 4 (Agreement Amendments) or any material change to the Service or the Agreement will be sent to your email, as stipulated in Article 19 (Notifications). We have a legal obligation to inform you about the change of the terms so you can decide whether to continue using the Service. Such correspondence does not constitute marketing or promotional emails, and you cannot unsubscribe from receiving such notifications. If you do not wish to receive such notifications, you need to terminate the Agreement by deleting your account.
Unless otherwise indicated in the Agreement, the Service, amly.work and its entire Content (including but not limited to the original source code, Website copy, images, graphic elements, design, databases, logo or other signs, domain, trade name and business name, trademarks or service marks, any customized work and other related materials) are protected by Intellectual Property Rights of Hubino LLC.
Users have only the rights specified under Section 7 and Section 25 of this Agreement. Users may not acquire any other Intellectual Property Rights under this Agreement. amly.work is made available on a limited-access basis, and no ownership right may be conveyed to any User, irrespective of the use of terms such as "purchase" or "sale" in TOU or anywhere on the Website.
Any unauthorized use of the Content and/or any part of it, without the permission of the owner of Intellectual Property Rights, shall be deemed an infringement of Intellectual Property Rights. Hubino LLC. will take all legal remedies to protect its Intellectual Property Rights immediately upon the knowledge of such unauthorized use.
Except for the rights granted under Section 25 of TOU, any copying of Content or downloading Content in part or whole is permitted only by written consent from Hubino LLC.
Hubino LLC. also reserves all Intellectual Property Rights not expressly granted in this Agreement.
If you are a natural person using Cloud amly.work, in consideration of your acceptance of this Agreement and your payment of all applicable fees, Hubino LLC. grants you a personal, limited, non-exclusive, non-transferable, revocable authorization to access and use the Service for your personal purposes in accordance with the Agreement and any other instructions on the Website.
If you are an Enterprise using Cloud amly.work, in consideration of your acceptance to this Agreement and your payment of all applicable fees (if you choose to subscribe to a Paid Plan), Hubino LLC. grants you a limited, non-exclusive, non-transferable (or restrictedly-transferable), revocable authorization to access and make use of the Service solely for your internal business purposes, in accordance with the Agreement and any other instructions on the Website.
Nothing in this Agreement obligates Hubino LLC. to deliver or make available any copies of computer programs or code to the User of Cloud amly.work, whether in object code or source code form. You agree to use the Service only in compliance with all applicable local, state, national, and international laws, rules and regulations.
The authorization to access enables:
If you are a Client subscribed to the Server Plan, please see Section 25 of TOU.
Any other use of the Software or the Service, not specifically mentioned in this Agreement, by any User, is forbidden. For example, the authorization to use does not give you any right to, and You may not:
By creating a User Account at Cloud amly.work you automatically start your Free Plan. You may choose to switch from the Free Plan to any Paid Plan at any time. Once you choose to do so, we start to apply the respective subscription fees in accordance with the applicable Paid Plan.
Anyone who subscribes to any Paid Plan or anyone who permits or causes another person to make an order on their behalf will be liable for the payment arising from such a subscription. The same rules will apply to anyone who permits to be designated as a payer for a Paid Plan.
Paid Plan is connected to a single Workspace. After subscribing to a Paid Plan to one or more Workspaces, a User may continue to have multiple Workspaces subscribed to a Free Plan.
Paid Plans for Cloud amly.work are charged either monthly or annually, as chosen upon subscription.
Paid Plans are being charged based on the number of seats and number of Workspaces with Extra Features within such a plan.
If a Subscriber has filled out all available seats in the account, the Subscriber can purchase additional seats. The number of seats cannot be lower than the number of active users. The Subscriber may not invite new Users before adding a sufficient number of seats.
All payments for the Paid Plan are due in advance by the first day of the billing period.
Prices set out in the Price Plan are subject to change at any time. Any price may change at any time and will become binding on the Subscriber upon the following conditions:
Such notice may be sent to a Subscriber by email to your most recently provided email address or posted on the Website or by any other manner chosen by Hubino LLC. in its commercially reasonable discretion. You will be deemed to have received any such notice that is posted on the Website on the day following the date it was posted.
This Section applies to the Users who have subscribed to amly.work and have continued to use amly.work per any of the Previous Plans.
These Users are entitled to continue to use the Service under one of the Previous Plans and the previous version of the TOU shall remain applicable to such Users, in sections which define Previous Plan, the subscription and payment for such plans. In all other aspects, the new TOU will be applicable.
If the User decides to cancel their subscription to one of the Previous Plans or delete the User Account on amly.work, from the moment of cancellation or deletion of the User Account, the User will not be able to subscribe to any of the Previous Plans anymore, but only to the available plans within the current Price Plan.
The User may not upgrade or downgrade any Previous Plans, except for the previous Enterprise Plan in which the User may freely change the number of seats.
Notwithstanding the provisions above in this Section, Hubino LLC. retains sole and exclusive right to cancel Previous Plans at any time under terms of the Agreement.
Hubino LLC. sometimes offers a free trial period (hereinafter: "Free Trial") as explained on the Website or otherwise. During the Free Trial, Users are subject to TOU except as otherwise stated in such offers. Hubino LLC. reserves the right, in its sole discretion, to determine the eligibility of a User for Free Trial. Free Trial Users may, at any time choose not to continue to a Paid Plan by cancelling before the end of the Free Trial.
Hubino LLC. may require a User to have a valid payment instrument, such as a credit card or other permitted payment method before using the Free Trial. In this case, we may validate that payment method, including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke any benefits, You may have received as part of the Free Trial.
The User will not be eligible to participate in any Free Trial for a Workspace in relation to which the User has already been subscribed to any Paid Plan.
Alternatively, the User may opt for the Server amly.work by contacting us at hello@amly.work for more information.
The User will not be eligible to participate in any Free-trial for a Workspace in relation to which the User has already been subscribed to any Paid Plan.
Anyone who subscribes to Service or anyone who has permitted or caused another person to make a subscription on their behalf is deemed to have agreed to and accepted liability for the payments under such Paid Plan.
User must keep all the billing data complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and must promptly notify Hubino LLC. if payment method has changed (for example, for loss or theft) or if User becomes aware of a potential breach of security, such as the unauthorized disclosure or use of name or password. If User fails to provide any of the foregoing information, User agrees that Hubino LLC. may continue charging for any use of the Service unless User has terminated Agreement as set forth herein.
All sums payable to Hubino LLC. hereunder shall be paid in full, without deducting or allowing the deduction of any currency conversion, wire transfer, remittance, applicable tax or other charges related to the payment.
The payment of the Service shall be made before the commencement of the Subscription Term.
If your Paid Plan involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your subscription (including payment of the Fees for Server amly.work), you understand it will automatically continue and you authorize us (without notice to you, unless required by the applicable law) to collect the then-applicable fees and any taxes using any credit card we have on record for you.
You hereby authorize Hubino LLC. to charge to your designated account, relating to the Service you select, and you agree to pay all such fees in accordance with the TOU.
If your default payment instrument is declined for any reason, we may deny access to the Paid Plan immediately.
The fees are exclusive of any VAT or other taxes and public duties, save where Hubino LLC. has explicitly stated to the contrary. It is each User's responsibility to bear all public duties related to the purchase of the Service.
All payments are handled by a third-party payment gateway. Hubino LLC. is not responsible for the processing of Client's payment and shall not be liable for any matter in connection therewith.
Paid fees are non-refundable. If the Agreement or a Paid Plan or a Server Plan is terminated or varied during a certain billing period, the User shall not be entitled to any refund concerning that billing period. In addition, payments made for the future billing periods will not be refunded unless the Parties explicitly agree otherwise.
You understand that cessation of use of the Service will not entitle you to any refund. If you do not use the Service, you need to cancel the subscription to any Paid Plan and switch to Free Plan or close the User Account (Section 17 of the TOU).
As a User of Cloud amly.work, you may upgrade your plan at any time. By upgrading your plan we mean either switching to a Paid Plan, and/or switching to any annual Paid Plan from a monthly Paid Plan, and/or switching to any plan that offers more Extra Features, and/or increasing the number of seats or Workspaces.
Plans may be upgraded as follows:
As a Subscriber, you may downgrade your Paid Plan at any time. By downgrading your Paid Plan we mean either switching to a plan that offers less or no Extra Features and/ or switching to any monthly Paid Plan from an annual Paid Plan and/or reducing the number of seats.
Plans may be downgraded as follows:
If you wish to cancel or downgrade your Paid Plan you may do so via your User Account. The Price Plan will be canceled/downgraded upon the expiry of the then-current billing period.
If you wish to add new users before the expiry of the then-current billing period, please contact hello@amly.work, and we will terminate the current Paid Plan earlier. However, please kindly note that earlier termination does not entitle you to a refund.
To use amly.work, each User must comply with these rules of acceptable use:
Admin undertakes to cause each Regular user with whom such User shares its Workspace(s) to comply with all legal requirements applicable to the use of Service.
Users are fully responsible for all the activities that occur under their User Accounts.
Users are also solely responsible for all text, documents, User Data (as defined in Section 13.4), or other User Content or information uploaded, processed, entered, or otherwise transmitted in connection with your use of the Service and/or Software. By accepting this Agreement, each User warrants, represents, and covenants that the User owns or has a valid and enforceable license to use all User Content. User Content will not infringe, misappropriate or violate the rights of any person or entity, or any applicable law, rule, or regulation of any government authority of competent jurisdiction. Without limiting the foregoing, any feature(s) of the Service and/or Software that may permit you to temporarily save or otherwise store User Content is offered for your convenience only and Hubino LLC. does not guarantee that the User Content will be retrievable. You are solely responsible for saving, storing, and otherwise maintaining User Content including by maintaining backup copies of your User Content on appropriate independent systems that do not rely on the Service and/or Software.
amly.work allows you to store or share User Content or obtain access to the User Content from other Users. Nevertheless, if a User submits, uploads or creates content as a Regular user on a shared Workspace, User acknowledges and accepts that Admin of that Workspace has exclusive, non-transferable and irrevocable license to access, copy, modify and/or remove such content, including but not limited to adding or removing User from the team or enabling or disabling their or third-party integrations.
Hubino LLC. reserves the right to refuse, limit or cancel the Service, terminate User Accounts, or remove or edit User Content at its sole discretion. Therefore, when investigating alleged violations of this Agreement, Hubino LLC. reserves the right to review your User Content to resolve the issue (such as to prevent harmful or illegal activity). Hubino LLC. may also access the User Content when providing technical support or when performing other legal obligations under this Agreement.
Nevertheless, Hubino LLC. has no obligation to monitor User Content (and will make no attempt to do so) and has no obligation to remove any User Content.
Hubino LLC. cannot be held responsible for any loss, damage, expense or other harmful consequences to any User resulting from User Content.
The User recognizes and agrees that providing and using cloud-based services involves risks of unauthorized disclosure or exposure and by accessing and using the Software, the User assumes such risks. Hubino LLC. offers no representation, warranty, or guarantee that User Data (as defined in Section 13.4) will not be exposed or disclosed through errors or the unlawful actions of third parties.
Hubino LLC. will have no responsibility or liability for the accuracy of data uploaded to the Software by User, including without limitation User Data (as defined in Section 13.4) and any other data uploaded by Users.
For the purpose of TOU, "User Data" shall mean data in electronic form input or collected through the Software or Service by or from any User (in the broadest possible interpretation of the term), including without limitation personal data (as defined in Privacy Policy).
Unless it receives User's prior written consent, Hubino LLC.:
(a) shall not access, process, or otherwise use User Data other than as necessary to provide the Service and use of Software or as stipulated in DPA (as defined in Privacy Policy);
and
(b) shall not intentionally grant any third-party access to User Data, including without limitation Hubino LLC.'s other Users, except subcontractors that are subject to a reasonable nondisclosure agreement.
Notwithstanding the foregoing, Hubino LLC. may disclose User Data as required by applicable law or by proper legal or governmental authority. Hubino LLC. shall give the User prompt notice of any such legal or governmental demand and reasonably cooperate with the User in any effort to seek a protective order or otherwise to contest such required disclosure, at the User's expense. As between the Parties, the User retains ownership of User Data.
Providing the Service by Hubino LLC. involves processing the User's personal data (as defined in Privacy Policy) including the processing of personal data of Users who have been invited or enabled to use amly.work by an Enterprise. The purposes and means of processing are determined by the User (including the Enterprise) and not by Hubino LLC., making the User or Enterprise the data controller. By providing the Service Hubino LLC. acts as a data processor and processes personal data on behalf of and according to instructions given by the User or Enterprise. Despite all other provisions of the Agreement, it is in the User's or Enterprise's full responsibility, according to the all applicable privacy legislation, to ensure the legal grounds for processing the personal data (as defined in Privacy Policy), as well as to properly assess the proportionality of the personal data processing. By signing or consenting to the TOU, the User or Enterprise warrants and grants to Hubino LLC. that the User or Enterprise has secured a valid purpose and legal basis to process personal data via the Service. The User (including the Enterprise) warrants and grants that it has informed the data subjects on all aspects of the processing via the Service or the Software before processing has started and has enforced proper policies and/or has undertaken necessary steps if stipulated by the applicable data protection legislation (such as, for example, undertaking DPIA).
A USER OR AN ENTERPRISE MAY USE DIFFERENT amly.work FEATURES. SOME FEATURES MAY PROVE TO BE MORE INTRUSIVE TO PRIVACY THAN OTHERS (for example, GPS tracking or Screenshots). BEFORE ACTIVATING A CERTAIN FEATURE THE USER OR ENTERPRISE MUST MAKE SURE TO UNDERSTAND HOW THE FEATURE OPERATES (including but not limited to how Hubino LLC. may process personal data on behalf of the User or Enterprise).
Hubino LLC. STRONGLY SUGGEST THE USE OF SUCH FEATURES ONLY EXCEPTIONALLY WHEN THE USER OR AN ENTERPRISE, AS A CONTROLLER, CAN SECURE LAWFUL PROCESSING OF PERSONAL DATA UNDER THE APPLICABLE PRIVACY LEGISLATION. IN ALL OTHER CASES, Hubino LLC. STRONGLY SUGGEST TO USERS AND ENTERPRISES TO REFRAIN FROM THE USE OF THOSE FEATURES.
Each User and Enterprise understand and accepts that amly.work functionalities are not meant to be used for the processing of any special categories of personal data (including racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health data, sex life or sexual orientation).
The User or Enterprise shall indemnify, defend and hold harmless Hubino LLC. in full and on-demand from and against any and all liabilities, claims, demands, damages, losses or expenses (including legal and other professional adviser's fees and disbursements), interest and penalties incurred by Hubino LLC. arising out of or in connection with the User's or Enterprise's breach of the obligations stipulated in this paragraph.
In the event Hubino LLC. becomes aware of the illegal User Content, activities that infringe anyone's Intellectual Property Rights or personal data or any other right, or activities that infringe these Terms of Use, Hubino LLC. may, in its sole discretion, disable, close, temporarily or permanently limit access to any User Account without any notice. Hubino LLC. may not be liable for any loss, damages or undesirable consequences resulting from such action.
Hubino LLC. may permanently erase User Data if the User Account is delinquent, suspended, or terminated for 30 (thirty) days or more.
External Breach: In the event of an accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure of, or access to, personal data (a "Security Breach"), that impacts the personal data you maintain through amly.work, and which is perpetrated by anyone other than your employees, contractors or agents, upon discovery of such Security Breach, Hubino LLC. will: (a) initiate remedial actions that are in compliance with applicable law and consistent with industry standards; and (b) notify you of the Security Breach, its nature and scope, the remedial actions Hubino LLC. will undertake, and the timeline within which Hubino LLC. expects to remedy the Security Breach. You will be responsible for fulfilling your obligations under applicable law.
Internal Breach: In the event of a Security Breach, as defined by applicable law, which is perpetrated by your affiliate, employee, contractor, or agent, or due to your failure to maintain your systems, network, or User Data in a secure manner, you shall have sole responsibility for initiating remedial actions and you shall notify Hubino LLC. immediately of the Security Breach and steps you will take to remedy such breach. In our sole discretion, we may take any action, including suspension of your access to the Service, to prevent harm to you, us, the Service, or other third parties. You waive any right to make a claim against us for losses you incur that may result from our actions.
Your use of amly.work is at your sole risk. The Service is provided on an "as is" and "as available" basis.
Any warranty of Hubino LLC. regarding the Website, Service or Software (or part thereof) not expressly stated herein shall be deemed withheld. Supplier disclaims, to the fullest extent permitted under the applicable law, all statutory warranties and course of performance, course of dealing and usage related to licensees' and users' expectations.
User is solely responsible for any damage User may suffer resulting from the use of the Service. No oral or written information or advice given by Hubino LLC. or its authorized representatives shall create a warranty or in any way increase the scope of Hubino LLC.'s obligations.
Without prejudice to the generality of the previous provisions, Hubino LLC. does not warrant that:
Hubino LLC. and/or its suppliers make no representations about the suitability, reliability, availability, continuity, timeliness, and accuracy of the Service and Software.
Without limiting the foregoing, amly.work is not designed or licensed for use in hazardous environments requiring fail-safe controls (for example, aircraft navigation/communication systems, air traffic control, medical device and life support machines, or weapon systems) in which the failure of the Software could lead to death, personal injury or physical and environmental damage ('High-Risk Activities'). Accordingly, this Agreement excludes any High-Risk Activities and User agrees not to use the Software in connection with High-Risk Activities.
In connection to Cloud amly.work, Hubino LLC. reserves the right (but has no obligation) to do any of the following, at any time:
without notice to Users who are not Subscribers, with one month's notice to Subscribers and with two-month notice to Clients.
To the maximum extent permitted by the applicable law, Hubino LLC. and/or its suppliers, employees and representatives shall be liable in no event for:
To the maximum extent permitted by applicable law, in no event shall Hubino LLC. and/or its suppliers, employees and representatives be liable for: any indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, data or profits, or business interruption) arising out of or in any way connected:
In the event that any of the foregoing limitations are deemed unenforceable or in the event any liability of Hubino LLC. is established, to the greatest extent permitted by law, You agree that the entire aggregate liability of Hubino LLC. and sole remedy available to any User in any case in any way arising out of or relating to the Agreement, Software or the Service shall be limited to monetary damages that in the aggregate may not exceed the sum of any amount paid (if any) by that User during the twelve months prior to notice to Hubino LLC. of the dispute for which the remedy is sought. If the User had no obligation to make such payment during such a period, monetary damages that in the aggregate may not exceed the sum of $100 (hundred dollars).
You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Hubino LLC. and you. You understand that the Website, Service and Software would not be provided without such limitations.
Some countries do not allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you and you may have additional rights. Nevertheless, if any portion of these sections is held to be invalid under the applicable law, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.
Section 15 does not exclude mandatory liability for:
Neither Party shall be liable for breaching its obligations due to a circumstance they reasonably could not have foreseen and which is beyond their control, such as, e.g., a force of nature, an act of a legislative or an executive authority, war, civil unrest, act of terror, strike, non-trivial cyber attack, failure of a third-party hosting, Internet failure or any other circumstance qualifying as force majeure under the applicable law — to the extent that the respective circumstance prevented or hindered the Party's performance. For the avoidance of doubt, the provisions of this section:
Security policy is applicable only to User Content on Cloud amly.work. Hubino LLC. has no control and cannot be held liable for the breach of security of any User's data outside Cloud amly.work (for example, when a User installs amly.work desktop app, some data may be stored locally). Security policy also does not apply to the security of a Client's data (please see Section 25.6. of these Terms of Use for more information).
Hubino LLC. does not provide its Users with legal advice regarding compliance, data privacy, or other relevant applicable laws in the jurisdictions in which you use the Service, and any statements made by Hubino LLC. to you shall not constitute legal advice.
You agree to indemnify and hold Hubino LLC. harmless from any and all demands, losses, liability, claims or expenses (including attorneys' fees) made against Hubino LLC. by any third party due to or arising out of or in connection with your use of amly.work and the Service or, if You are an Admin User, in connection with the Regular user's use, including but not limited to:
In addition, in relation to Server amly.work, Client shall defend, indemnify and hold harmless Hubino LLC., its officers, directors, employees, contractors, agents and representatives from and against all claims made by, and all damages, liabilities, penalties, fines, costs and expenses payable to, any third party, which arise from Client's or its End User's:
This Agreement shall continue until either:
User of Cloud amly.work may terminate this Agreement by deleting the User Account.
You may cancel your subscription at any time via your Admin account. If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. Your cancellation will be effective at the end of your then-current Subscription Term, subject to applicable law, and you may use the Service until your cancellation is effective (unless your access is suspended or terminated in accordance with this Agreement or the applicable law). In other words, you may use the Service until the end of your Subscription Term.
If you only wish to terminate a Paid Plan and continue with the Free Plan or upgrade/downgrade your Paid Plan to another Paid Plan, please see Section 11.
If you use any Paid Plan that involves a recurring payment of a fee, we will stop charging the Service from the moment you notify us that you wish to cancel or that you do not want to automatically renew your subscription. Until such cancellation, you understand that we have the right to automatically continue (without notice to you, unless required by the applicable law) to collect the then-applicable fees and any taxes using any credit card we have on record for you, as stipulated in Section 10 of the TOU.
You understand that cessation of use of the Service will not entitle you to any refund. If you do not use the Service, you need to cancel the subscription to any Paid Plan and switch to Free Plan or close the User Account.
User is aware and accepts that closing the User Account does not necessarily mean that all Workspaces the User had access to will be automatically deleted. The same rule applies to the User Content provided by that User. User space may belong to other Users and it is in those Users' responsibility.
In relation to Server amly.work, Hubino LLC. has no means or powers to provide the End User with the possibility to close the User Account. If you are an End User, please contact the Client regarding this matter.
You agree that Hubino LLC. may immediately terminate this Agreement if you do not pay the fees when due in accordance with your Paid Plan.
Hubino LLC. also reserves the right to cancel your subscription and your use of the Service.
Hubino LLC. may deny you access to all or any part of the Service or terminate your account with or without prior notice if you engage in any conduct or activities that Hubino LLC. determines, at its sole discretion, violate this Agreement or the rights of Hubino LLC. or any third party, or is otherwise inappropriate. Without limitation, Hubino LLC. may deny you access to the Service, or terminate this Agreement and your User Account.
Hubino LLC. may, at its sole discretion, at any time and for any reason, terminate the Cloud amly.work Service, terminate this Agreement, or suspend or terminate any User Account at Cloud amly.work. Hubino LLC. will send notice to User at the email address User provides when creating User Account, or such other email address User may later provide to Hubino LLC.
Hubino LLC. may, at its sole discretion for any reason, terminate the Service and/or terminate the Agreement with Client in relation to Server amly.work, after the expiry of 60 days from the day the notice of such termination is sent to Client.
If you are an authorized user of an Enterprise, your Enterprise may decide to revoke your authorization or terminate your account.
The following provisions will survive termination of this Agreement:
Any other provision of this Agreement that must survive to fulfill its essential purpose.
In the event you wish to delete your User Account, you can download the information provided, inputted, or uploaded to your amly.work databases via downloading a detailed report as explained here.
At the moment you delete your User Account, User Data on your User Account will be deleted immediately. Nevertheless, time tracked, projects and other information can be deleted only by deleting a Workspace. You understand that only the Owner of Workspace is entitled to decide on the User Data on Workspace and may delete, edit or keep such data regardless of any Regular User's activity on amly.work.
If any provision of this Agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If any provision of this Agreement violates any mandatory rule of the applicable law and proves to be void as a result thereof, such provision shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended to comply with the law. Any such amendment shall be confined to the minimum necessary to make the provision valid and shall retain as much of its original ambit and meaning as possible.
All notices to Hubino LLC. shall be provided to hello@amly.work or to the address specified in Section 1 (Definitions).
Hubino LLC. may give notice to a User via the email address associated with the User Account or by mail or courier to the address provided for that User under Workspace Owner's details.
Hubino LLC. may give notice to a User via the email address associated with the User Account by notification on the User Account or (exceptionally) by mail or courier to the address provided for that User under Workspace Owner's details.
Notice shall be deemed to have been received:
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Should Hubino LLC. enable access to data from another service provider through linking, Hubino LLC. does not carry responsibility for such information.
The Website may contain links to other websites, owned by other legal or natural persons. Each of these websites has its Terms of Use and Privacy Policy on handling personal data, which may differ significantly from those which are applied to the use of this Website. Hubino LLC. has no control over such websites and shall not carry any responsibility neither for the availability of those websites nor for the Terms of Use and Privacy Policy that applies to their visitors and users.
Placing links to third-party websites on the Website does not in any way imply that Hubino LLC. recommends or approves services or products offered through such websites.
This Agreement and any matter or dispute arising out of or related to the subject matter of the Agreement shall be governed, construed, and enforced in accordance with the Laws of the State of California, without regard to its conflict of laws rules. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Mindful of the high cost of arbitration, you and Hubino LLC. agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (i) the Website; (ii) this Agreement; (iii) the Service; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and Hubino LLC. ( "Dispute"), the Party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other Party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving Party 30 days in which to respond to or settle the Dispute ("Mandatory negotiations").
Notice shall be sent:
If no such address exists, or if the delivery to such address is unsuccessful, the notice shall be sent to the email address connected to that User's Account.
Both you and Hubino LLC. agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any arbitration or filing any claim against the other Party.
Failing to resolve the dispute as described in previous paragraphs of this Section, any controversy or claims arising out of or relating to this Agreement, or the breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The seat of arbitration shall be in San Francisco.
If the above agreement, with respect to arbitration, proves to be void or unenforceable, all disputes to which it was intended to apply shall be subject to the exclusive jurisdiction of the competent court in the State of Nevada, the USA. In such a case, the Mandatory negotiations clause remains applicable as a precondition to initiating court resolution of the dispute.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Hubino LLC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
This clause shall survive termination of the Agreement.
Notwithstanding the provisions above, Hubino LLC. may, at its absolute discretion, assert and seek the protection of its Intellectual Property Rights and rights concerning confidential information or data processing anywhere in the world.
Except where prohibited by law, as a condition of using the Software and/or Service, you agree that any and all disputes, claims and causes of action arising out of or connected with the Software and/or Service, shall be resolved individually, without resort to any form of class action.
Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Hubino LLC. agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
This Agreement (as amended from time to time) including any linked documents or documents that are expressly included in the Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes all prior agreements and understandings between the Parties with respect to that subject matter.
In case of conflict between any provision herein and any statement, representation or other information published on the Website or contained in any other materials or communications the provision in the Agreement shall prevail.
Terms of Use in other sections apply generally to all Service and use of amly.work. Additionally, Section 25 applies to Server amly.work and to the amly.work desktop and mobile apps and contains specific terms that apply in addition to the general terms of the Agreement. These specific terms govern if there are any conflicts with the general terms.
If a User wishes to install amly.work on its internal device, the User must obtain a license from Hubino LLC. A User is authorized to use Server amly.work only if they are properly licensed which means that the User has previously read, understood and accepted the terms of the Agreement (including provisions applicable to Server amly.work), the User has paid all applicable Fees calculated on the billing page (or set in the invoice issued by Hubino LLC.) and the Software has been properly downloaded and activated with a genuine product key or by other authorized methods provided by Hubino LLC. and for the duration of the license.
A copy of the Server amly.work created pursuant to this Agreement at the User's device is being licensed for a limited period of time and cannot be sold, and Client receives no title to or ownership of any copy or of the Software itself.
Hubino LLC. charges the license for Server amly.work annually in accordance with the Server Plan and the offer sent to with Client.
Server Plan entails:
Server Plan does not include additional services provided by Hubino LLC. such as Premium Support and Managed Service ("Additional Service"). The provision of the Additional Service may be subject to another agreement with Hubino LLC. For further information on the Additional Service please contact hello@amly.work.
License Rights. During the term of the Agreement, Hubino LLC. grants Client a limited, non-exclusive, non-transferable, revocable, temporary, non-sublicensable, non-refundable license to install a copy of the Server amly.work on the designated User's device and use the Server amly.work solely for Client's internal business use for the agreed number of End Users, provided Client pays all the agreed Fees and complies with the restrictions set forth in the Agreement. The Client's internal business use shall mean the authorization granted to the Client to use Server amly.work to provide Software-as-a-Service access to the agreed number of its End Users for the purpose of tracking time or monitoring of their work activities. Such internal business use does not include use by any parent, subsidiary, or affiliate of Client, or any other third party, and Client shall not permit any such use. The Client License Rights do not include access to the amly.work Server source code.
Restrictions on Software License Rights. In addition to the restrictions set out in Section 7 of the TOU, and without limiting the generality of the foregoing, Client (or its End User) shall not:
Breaching any restriction on the Client's software license rights will cause the Client to immediately lose the license and shall entitle Hubino LLC. to the copyright infringement damages.
Delivery. Hubino LLC. shall provide the Server amly.work and Documentation to Client, through a reasonable system of electronic download or otherwise agreed between the Parties, within 10 calendar days after the payment has been received by Hubino LLC.
Documentation. Upon delivery of the Server amly.work, Hubino LLC. shall also deliver copies of the necessary Documentation.
Maintenance. During the term of the Agreement, Hubino LLC. shall promptly exercise commercially reasonable efforts to correct any failure of the Server amly.work (inherent to the Software itself and not caused by Client) to perform according to the Agreement within a reasonable time. The Client is not entitled to engage a third party to provide maintenance services on Server amly.work.
Updates. The Client will sometimes need software updates to keep using Server amly.work. Hubino LLC. may automatically check the Client's version of the Server amly.work and deploy software updates or configuration changes. The Client may also be required to update the Server amly.work to continue using the Service. Such updates are subject to this Agreement, unless other terms accompany the updates, in which case, those other terms apply. Providing updates is at Hubino LLC.'s sole discretion.
Upgrades. During the term of the Agreement, Hubino LLC. may provide Client with copies of all upgrades, without additional charge, promptly, after the commercial release (if any). Upon delivery to Client, each Upgrade will constitute an element of the Software and will thereafter be subject to this Agreement's terms regarding Software, including without limitation, license, warranty and indemnity terms. Providing upgrades is at Hubino LLC.'s sole discretion.
Fees for Server Plan. Server Plan is only available as an annual plan and the applicable fees are being charged annually. The applicable Fees are being charged based on the number of End Users as agreed between the Client and Hubino LLC. based on Hubino LLC.'s offer. The license is effective upon the Client's payment of the applicable Fees and the Client may not commence with the Server Plan before the payment is received by Hubino LLC. The Fees for the next billing period are due 30 days before the expiry of the then-current billing period.
Reduction in the number of End Users during the billing period does not entitle the Client to a refund for that billing period.
An increase in the number of End Users after the beginning of a billing cycle will be charged on a pro-rata basis to match the end date of the then-current billing period.
The Client acknowledges that the payment for Service is non-refundable for a certain billing period if Agreement is terminated any time after such billing period has started.
Fees for Additional Service. Fees for Additional Service is being charged as agreed between the Client and Hubino LLC. based on Hubino LLC.'s offer.
Amounts due under this Agreement or any agreement for the Additional Service with Client are payable to Hubino LLC. without deduction and net of any taxes, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including, without limitation, any sales, use, excise, ad valorem, property, withholding, or value-added tax withheld at the source. If the applicable law requires withholding or deduction of such taxes or duties, Client shall separately pay Hubino LLC. the withheld or deducted amount. However, the preceding two sentences do not apply to taxes based on Hubino LLC.'s net income.
Confidential Information. "Confidential Information" refers to the following information that one party to this Agreement ( "Discloser") discloses to the other ( "Recipient"): (a) any document Discloser marks "Confidential"; (b) any information Discloser orally designates as "Confidential" at the time of disclosure; (c) any object code and source code disclosed by Hubino LLC. together with all Documentation and any names of actual or potential customers disclosed by Client, whether or not marked as confidential; and (d) any other non-public, sensitive information Recipient should reasonably consider a trade secret or otherwise confidential. Quotation offered by Hubino LLC. for the license to use Server amly.work or for the customization services will at all times be considered confidential. Information Client shares with Hubino LLC. for the purpose of sending quotation shall be treated as confidential.
Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Recipient's possession at the time of disclosure; (ii) is independently developed by Recipient without the use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of Recipient's improper action or inaction; or (iv) is approved for release in writing by Discloser.
Nondisclosure. The Recipient shall not use Confidential Information for any purpose other than to facilitate the transactions contemplated by this Agreement ( "Purpose") during the term of the Agreement and 10 years after its termination (regardless of the ground for termination). Recipient: (a) shall not disclose Confidential Information to any employee or contractor of Recipient unless such person needs access in order to facilitate Purpose and executes a nondisclosure agreement with Recipient with terms no less restrictive than those of this Article 7; and (b) shall not disclose Confidential Information to any other third party without Discloser's prior written consent. Without limiting the generality of the foregoing, Recipient shall protect Confidential Information with the same degree of care it uses to protect its confidential information of similar nature and importance, but with no less than reasonable care. Notwithstanding the foregoing, Recipient may disclose Confidential Information as required by the applicable law or by proper legal or governmental authority. The Recipient shall give Discloser prompt notice of any such legal or governmental demand and reasonably cooperate with Discloser in any effort to seek a protective order or otherwise to contest such required disclosure, at Discloser's expense. Recipient shall promptly notify Discloser of any misuse or misappropriation of Confidential Information that comes to Recipient's attention.
Termination & Return. Upon termination of this Agreement, Recipient shall return all copies of Confidential Information to Discloser or certify, in writing, the destruction thereof.
From Hubino LLC.
From Both Parties. Each Party represents and warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
Warranty Disclaimers. Except for the express warranties in Section 25.5. above, Hubino LLC. MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Hubino LLC. does not warrant that the Server amly.work will perform without error or that it will run without immaterial interruption. Hubino LLC. provides no warranty regarding, and will have no responsibility for, any claim arising out of:
Exclusion of Liability for Data Security. Given that all the User Content is hosted on the Client's server or server chosen by the Client, the security of the Client's data and the User Content and application of the physical, technical, administrative, organizational and other measures is in the Client's full responsibility. Under no circumstances Hubino LLC. may be held accountable for any security data breach, unauthorized access, use, disclosure or any other illegal activity related to the Client's data (including personal data of End Users) unless otherwise explicitly agreed between the Parties in an agreement for the Additional Service.
Hubino LLC.'S AGGREGATE AND TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY AND ALL CIRCUMSTANCES MAY NOT EXCEED AN ANNUAL LICENSE FEE FOR SERVER PLAN PAID BY THE CLIENT.
Termination. This Agreement will continue until terminated by either Party as specifically authorized herein.
License Term. License Term starts on the date the Client downloads Server amly.work and lasts for one year period. The License Term will renew automatically for periods of the same duration unless the Client gives written notice of its intent not to renew 30 days before the end of the current License Term.
Termination for Cause. Either Party may terminate this Agreement for the other's material breach by written notice specifying in detail the nature of the breach, effective in 30 days unless the other Party first cures such breach, or effective immediately if the breach is not subject to cure.
Effects of Termination. Upon termination of this Agreement or License Term, Client shall cease all use of the Server amly.work and delete, destroy or return all copies of the Server amly.work and Documentation in its possession or control. Client admits and acknowledges that any use after the license has expired shall constitute a breach of Hubino LLC.'s Intellectual Property Rights and will entitle Hubino LLC., inter alia, to copyright infringement damages.
Without prejudice to the previous paragraph of this section, the license for Server amly.work and the Agreement thereof will immediately terminate if Client has failed to make payment prior to the beginning of the billing period and does not make such payment within five (5) working days after Hubino LLC. gives notice of such nonpayment to Client.
Upon termination of the license to use Server amly.work for whatever reason, Client is obliged to delete amly.work and the Content from all the devices, prevent all End Users who have been using Server amly.work via license obtained by Client and present Hubino LLC. with the proof of cessation of all activities authorized by the Agreement.
The Client understands and agrees that upon any termination of this Agreement:
The Client has to send a written statement to Hubino LLC. that amly.work has been permanently deleted and that Client ceased using amly.work. However, the Client may export and save the User Data or User Content via an "export" option offered at amly.work prior to the termination date. Until Hubino LLC. receives such a written statement from the Client, it shall be deemed that the Client is using amly.work.
The following provisions will survive termination of this Agreement:
These Terms of Use are effective as of December 11, 2023