The terms were last updated 16 July 2018.
These terms (“Terms”) govern your use of Linearhub, Inc.’s (“Linearhub”) Team Collaboration service (our “Service”). Our Service consists of websites, including those located at www.roundee.com and www.roundee.io (“Web Apps”), and downloadable mobile applications (“Mobile Apps”, together with Web Apps, “Roundee Apps”). By using our Service you agree to these terms.
IF YOU HAVE ENTERED INTO ANOTHER AGREEMENT WITH US CONCERNING SPECIFIC SERVICES, THEN THE TERMS OF THAT AGREEMENT CONTROLS WHERE IT CONFLICTS WITH THESE TERMS.
Unless otherwise set forth in these Terms, to the extent these Terms conflict with any other Linearhub terms, policy, rules or codes of conduct, these Terms shall govern.
You may only create a Roundee account if you are over 18 years old and are of sufficient legal age in your jurisdiction or residence to enter into a binding contract. In any event, if you are authorized to access our Service under the supervision of your parent or guardian, who are bound by these Terms, you represent and warrant that you are at least 13 years old. Individuals under the age of 13 are not allowed to use our Service or submit personal information to us.
3.1. Linearhub reserves the right, at our discretion, to change or modify these Terms at any time. Although it is your responsibility to review these Terms from time to time for any changes, Linearhub will notify you of any revisions to these Terms by posting them at this location, and may provide other notice which may include by email or in-Service notice. If you do not agree to the revised Terms, you must stop using our Service. Your continued use of our Service following any revision to these Terms signifies your assent to and acceptance of the revised Terms.
3.2. These Terms may not otherwise be amended except in a writing hand signed by you and Linearhub. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
3.3 You agree that Linearhub retains the unfettered right to modify any aspect of our Service. You acknowledge that Linearhub has been, is, and will be constantly making changes to our Service. These changes include modifications to features, functions or abilities of any element of our Service.
3.4 All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on our Service, are subject to change (including availability) at any time without notice.
4.1. You may use our Service only for lawful purposes, in accordance with these Terms, and only in the manner contemplated by the functionalities of our Service (in Linearhub’s sole judgment).
4.2. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE USER ACCOUNTS, PROHIBIT ACCESS TO ALL OR ANY PORTION OF OUR SERVICE, DELAY OR REMOVE USER CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING OUR SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AS A RESULT OF ACCOUNT SUSPENSION, DEACTIVATION, OR TERMINATION, AS WELL AS ANY BENEFITS AND PRIVILEGES ASSOCIATED WITH YOUR USE OF OUR SERVICE, AND LINEARHUB IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
5.1. Subject to these Terms and the payment of fees, where applicable, Linearhub grants you a non-exclusive, non-transferable license, without right of sublicense, to: (i) access and use our Service through Roundee Apps; and (ii) download and install Mobile Apps on devices within your possession and control.
5.2. Roundee Apps, our Service, and their content, features, and functionality are owned by Linearhub, our licensors, or other suppliers of such material and is protected by copyright and other laws and international treaty provisions. Except for the licenses explicitly granted by these Terms, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in Roundee Apps or our Service, ownership of which is retained by Linearhub, our licensors and our suppliers. Roundee Apps are licensed, not sold, to you for use only under these Terms, and Linearhub reserves all rights not expressly granted to you.
5.3. Linearhub may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of our Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to automatic updates. If you do not want such Updates, your remedy is to terminate your account and stop using our Service.
5.4. Except as expressly authorized in these Terms or allowed by applicable law, you may not use, copy, modify, reverse engineer, disassemble, decompile, modify, or transfer Roundee Apps or any aspect of our Service, or otherwise attempt to derive the source code of Roundee Apps or any aspect of our Service, or authorize any third party to do any of the foregoing. Any reproduction, license, assignment or redistribution, or other commercial exploitation of Roundee Apps or our Service is prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
5.5. You agree to maintain and reproduce all copyright, proprietary, and other notices on all copies, in any form, in the same form and manner that such copyright and other proprietary notices are included in Roundee Apps.
6.1. Some aspects of our Service require the payment of fees. If you are required to pay a fee, the specific terms and conditions associated with such service will be included where those services are offered. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee becomes payable. Linearhub may, from time to time (and upon notice if required by applicable laws), modify, amend, or supplement our fees and billing methods, and such changes shall be effective immediately upon posting on our Service.
6.2. Subscriptions. Linearhub may provide a paid subscription based option to access certain aspects of our Service. Subscription periods can be month-to-month, yearly, or another duration described in the account features for your account (“Roundee Subscription Period”).You agree to pay all applicable subscription fees, including automatically charged renewal fees. Linearhub offers several subscription options:
Auto-Renewing Monthly Subscription. The subscription period for the Auto-Renewing Monthly Subscription is one month and automatically renews unless you cancel your subscription prior to the monthly renewal date. You will be billed monthly for the Auto-Renewing Monthly Subscription on or about the same day each month until you cancel your subscription.
Auto-Renewing Annual Subscription. The subscription period for the Auto-Renewing Annual Subscription is one year and automatically renews each year on the anniversary of your subscription unless you cancel your subscription prior to your annual renewal date. You will be billed annually for the Auto-Renewing Annual Subscription on or about the same day each year until you cancel your subscription.
Although we may provide notice to you of an expiring subscription period, it is your responsibility to monitor the remaining term of your subscription period, and renew your subscription on a timely basis.
Following the end of your Roundee Subscription Period, you will not be able to access certain aspects of our Service without the payment of additional applicable fees.
6.3. UNLESS OTHERWISE SPECIFIED IN ANY SUPPLEMENTAL TERMS AND CONDITIONS ASSOCIATED WITH YOUR PURCHASE, YOU ACKNOWLEDGE THAT LINEARHUB IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS SUSPENDED OR DEACTIVATED, OR IF YOU ARE DENIED ACCESS TO OUR SERVICE, WHETHER SUCH SUSPENSION, DEACTIVATION, OR DENIAL WAS VOLUNTARY OR INVOLUNTARY.
7.1. In order to access some features of our Service, you may be required to register an account with us.
7.3. Notwithstanding anything herein to the contrary, you acknowledge and agree that you have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall be owned solely and exclusively by Linearhub.
7.4. You agree to (i) provide us with current, complete and accurate information as prompted by the applicable registration form, and (ii) maintain and promptly update the registration data to keep it true, complete, accurate and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, Linearhub has the right to suspend or deactivate your account and refuse you from any and all current and future use of our Service (or any portion thereof).
7.5. When registering for an account, you may be asked to choose a password and username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as determined by Linearhub in our sole discretion), infringes any trademark or other rights of others, or is used in any way that violates these Terms.
7.6. You are solely responsible for any and all activities, charges and fees that occur under your account. You agree to properly exit from your account at the end of each session. You agree to notify Linearhub immediately of any unauthorized use of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by Linearhub). You are entirely responsible for maintaining the confidentiality and security of your account information (including usernames, passwords and billing information).
7.7. Linearhub will not be liable for any loss or damage that you may suffer as a result of someone else using your account, either with or without your knowledge. You will be liable for any and all losses incurred by Linearhub due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make your account available to others.
We are pleased to hear from our customers and welcome their comments regarding our Service. Unfortunately, however, it is our policy to not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), the Unsolicited Submissions shall be deemed, and shall remain, the property of Linearhub. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of Linearhub, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.
When you use our Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email (if provided by you) or by posting notices through our Service. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
Our Service may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.
Our Service may enable you to order and receive products, information and services from third parties that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such third parties. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for our Service. In addition, our Service may prompt you to establish an account with a third party not owned or operated by us. Your agreement and understanding with any such third party is solely between you and such third party. We will not be a party to or in any way be responsible for your agreement with such third-party. Any disputes you may encounter with such third party shall be settled solely between you and such third party.
Linearhub makes no uptime guarantee whatsoever regarding our Service. Our Service is intended to be reliable, but is not intended to be reliable or available at all times. Our Service is subject to interruptions, and you agree that Linearhub will not be responsible or liable for any loss or damage whatsoever resulting from any failure or delay of our Service, including service notifications which are undelivered to you, inaccurate or delayed.
Our Service may be suspended without notice to you. Suspension of our Service may result from a variety of reasons, including system failure, maintenance, or other circumstances. You agree that you will not be entitled to any refund or compensation for such suspensions.
Subject to the other provisions of these Terms, Linearhub will attempt to help you with any queries or problems that you may have with our Service, any of your purchases, and any questions about these Terms generally. To reach our customer support team, please e-mail us at email@example.com.
You acknowledge that certain aspects of our Service may contain copyrighted software of third parties, including open sourced software, which are obtained under a license from such parties (“Third Party Software”). A link to required notices, if any, can be found at the end of these Terms. All third party licensors retain all right, title and interest in and to such Third Party Software and all copies thereof, including all copyright and other intellectual property rights. Your use of any Third Party Software shall be subject to, and you shall comply with, these Terms, and the applicable restrictions and other terms and conditions set forth in any Third Party Software documentation or printed materials, including without limitation an end user license agreement. There may be provisions in an open source end user license agreement that expressly override some of these Terms.
Notwithstanding anything to the contrary contained in Third Party Software licenses, the disclaimer of warranties and the limitation of liability provisions in these Terms shall apply to such Third Party Software.
Third Party Software, if any, which is open source software, may be made available to you by Linearhub. A link to such Third Party Software, if any, can be found at the end of these Terms (collectively the "Open-Sourced Components"). Each item of Open-Sourced Components is licensed under the terms of the end user license that accompanies such Open-Sourced Component. Nothing in these Terms limit your rights under, or grant you rights that supersede, the terms and conditions of any applicable end user license for the Open-Sourced Components. If required by any license for particular Open Source Components, Linearhub makes such Open-Sourced Components, and Linearhub’s modifications to that Open-Sourced Component, available by written request to Linearhub at the email or mailing address listed below.
These Terms will remain in full force and effect so long as you continue to use our Service, or until terminated in accordance with these Terms. Upon termination, the licenses granted to you by Linearhub shall cease, you may not be able to access your account, and you will promptly remove any Mobile App from any device on which it is installed.
In the event of expiration or termination of your account, the representations made by you in these Terms, and the obligations of each party without limitation the Sections entitled “Term and Termination”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Equitable Remedies”, “Disputes”, and Sections 23 through 27, shall survive such expiration or termination.
17.1. NEITHER LINEARHUB, OUR LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "LINEARHUB PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT OUR SERVICE, ROUNDEE APPS OR INTERFACE WITH A THIRD PARTY SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICE, ROUNDEE APPS OR INTERFACE WITH A THIRD PARTY SERVICE, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH OUR SERVICE, ROUNDEE APPS OR INTERFACE WITH A THIRD PARTY SERVICE.
17.2. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICE OR ROUNDEE APPS IS AT YOUR SOLE RISK. OUR SERVICE, ROUNDEE APPS AND ANY CONTENT APPEARING ON OUR SERVICE, INCLUDING USER CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, LINEARHUB MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICE OR ROUNDEE APPS. LINEARHUB DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
18.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE LINEARHUB PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OUR SERVICE OR ROUNDEE APPS, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY EVEN IF LINEARHUB WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES YOU PAID, IF ANY, TO LINEARHUB IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
18.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF THE LINEARHUB PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH LINEARHUB PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS.
18.3. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
18.4. THE LINEARHUB PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON OUR SERVICE, INCLUDING, WITHOUT LIMITATION, BY ANYONE OTHER THAN AUTHORIZED LINEARHUB EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES.
You agree to indemnify and hold the Linearhub Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Service or Roundee Apps in violation of these Terms, and/or any breach of your representations and warranties set forth above, and/or if any content you post or transmit through our Service causes us to be liable to another.
You acknowledge that the rights granted and obligations made under these Terms to Linearhub
are of a unique and irreplaceable nature, the loss of which shall irreparably harm Linearhub
and which cannot be replaced by monetary damages alone. Accordingly, Linearhub shall
be entitled to injunctive or other equitable relief (without the obligations of
posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
21.1. To the extent permitted by applicable law, these Terms and EULA are governed by and construed in accordance with the substantive laws of the State of California, U.S.A., and you expressly and irrevocably agree and submit to the exclusive jurisdiction of the federal and state courts located in Santa Clara County, California, U.S.A.
21.2. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will, only to the extent required by applicable law, be subject to the laws of your residence.
21.3. Any claim or cause of action arising out of or related to these Terms or the use of our Service must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.
21.4. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party requesting relief shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the English language; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
21.5. All claims you bring against Linearhub must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Linearhub shall be entitled to recover attorneys' fees and costs up to $2,000, provided that Linearhub has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
These Terms are between you and Linearhub only, and not with any third party marketplace such as those provided by Apple, Google or any other third party through which you may have downloaded Mobile Apps ("Marketplaces"). The Marketplaces are not responsible for Mobile Apps you download or the Service. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to Mobile Apps. Each Marketplace may have its own terms and conditions to which you must agree before downloading Mobile Apps, and you agree to comply with such Marketplaces’ terms and conditions. To the extent such other terms and conditions from such Marketplaces are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms in these Terms apply.
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
These Terms are deemed accepted upon any use of our Service. These Terms and any additional terms referenced herein constitute the entire agreement between you and Linearhub regarding the use of our Service and Roundee Apps. Our failure to exercise or enforce any right or provision of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The section titles in these Terms are for convenience only and have no legal or contractual effect.
You may not assign, delegate any performance, or otherwise transfer by operation of law or otherwise any of the rights or licenses granted to you hereunder without our prior written consent therefor. Linearhub may assign these Terms, and our obligations thereunder, to any person or entity at our sole discretion.
We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
We may notify you by posting(s) made in-Service, sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. Any notice to Linearhub required according to these Terms must be in writing and addressed to Linearhub Inc., [3003 N 1ST ST STE 221, San Jose, CA, 95134], unless we have provided a more specific method of notifying us.
Third Party and Open-Sourced Components
The terms were last updated 16 July 2018