Terms of Service

These Terms of Service (these “Terms”) describe your rights and responsibilities when accessing and/or using our websites, including https://huly.io/ and any successor URL(s) (the “Sites”), the companion mobile applications for iPhone and/or Android mobile devices (the “Apps”), and any and all related software, documentation, and online, mobile-enabled, and/or digital services (collectively, including the Sites and the Apps, the “Service”) provided by Hardcore Engineering, Inc (“Huly,” “we,” “our,” or “us”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Policy (as further described in Section 7). Huly reserves the right to modify the terms of these Terms, and will provide notice of such changes as described below. These Terms apply to all visitors and users of the Service, and to all others who access the Service, whether as individuals, Team members, or entities sponsoring a Team (“Users,” “you,” or “your”). As used in these Terms, a “Team” means a group of individuals accessing the Service under the same User Account (as defined below).

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 13.2 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED IN SECTION 1.1), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

1. The Service

Huly provides a platform designed to be complete project and process management platform for you and, if applicable, your Team.

1.1 Eligibility

This is a contract between you and Huly. You must read and agree to the terms and conditions of these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Huly, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). The Service is not available to any Users previously removed from the Service by Huly.

1.2 Limited License

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable license to use the Service, only for your personal or internal (as applicable), noncommercial use, strictly as permitted by the features of the Service. If you are an entity or otherwise the owner of the User Account for your Team (a “Team Sponsor”), this license allows use of the Service by only those of your Team members who are (a) identified by you as Team members for the Service during the sign-up process or through your User Account (as defined in Section 1.3) or (b) otherwise expressly authorized and granted access to the Service as Team members by Huly (each, an “Authorized User,” and, collectively, the “Authorized Users”). Huly may terminate the license granted in this Section at any time, for any reason or no reason. Huly reserves all rights not expressly granted herein in and to the Service and the Huly Content (as defined below).

1.3 User Accounts

Your (or, if applicable, your Team Sponsor’s) account on the Service (“User Account”) gives you access to certain services and functionality that we may establish and maintain as part of the Service from time to time, in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to the Service via a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials and/or access tokens for that service.

You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, including, if applicable, the activity of the Authorized Users. You must notify Huly immediately of any breach of security or unauthorized use of your User Account. Huly will not be liable for, and expressly disclaims responsibility for, any losses caused by any unauthorized use of your User Account.

By providing Huly your email address, directly or via your Team Sponsor, you consent to our using that email address to send you Service-related notices, including any notices required by Applicable Law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as messages notifying you of changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out of receiving such email messages by clicking on the “unsubscribe” link in the email message received. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

1.4 Service Rules

You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including, without limitation, by any automated or non-automated “scraping”; (b) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the servers running the Service than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Huly grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose (as determined by us, in our sole discretion), an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personal information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on the use of the Service or the content therein.

If you are a Team Sponsor, (i) you are responsible for all acts and omissions of the Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms if taken by you will be deemed a breach of these Terms by you; and (ii) you will make all Authorized Users aware of these Terms’ provisions, as applicable to such Authorized Users, and you will cause each Authorized User to comply with such provisions.

1.5 Changes to the Service

We may, with or without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to your User Account and/or the Service with or without notice and without liability, for any reason, including if, in our sole determination, you violate any provision of these Terms, or for no reason. Upon their termination for any reason or no reason, you continue to be bound by these Terms.

1.6 Disputes with Other Users

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Huly will have no liability for your interactions with other Users, or for any User’s action or inaction.

1.7 Service Location

The Service is controlled and operated from facilities in the United States. Huly makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.