Hubspring Health LLC
(Last Updated on September 5th, 2025)
Please read this End User Terms of Use & License Agreement (this "Agreement") carefully before accessing, downloading or using the Services (as defined below). By accessing, downloading or using the Services, you and/or any entity for which you act on behalf of (the person or entity to use the Services, "Subscriber") agree to be bound by the terms of this Agreement. If Subscriber is an entity, the term Subscriber shall include all of Subscriber's employees, representatives, contractors, and users of the Services. If Subscriber does not agree to the terms of this Agreement, Subscriber may not access, download or use the Services or and must immediately remove and delete the Services if Subscriber has already downloaded them.
The agreement by an employee, consultant or contractor acting on behalf of an entity to these terms will be deemed to be the agreement of that entity. Any such employee, consultant or contractor hereby represents and warrants that he, she or it has authority, or has been provided authority, to bind the entity to the terms and conditions of this Agreement.
Hubspring Health LLC, a Florida limited liability company ("Hubspring") is only willing to grant Subscriber access to the Services upon the condition that Subscriber accepts all of the terms contained herein. If Subscriber is deemed to have ordered the Services, Hubspring's acceptance is expressly conditional on assent to these terms to the exclusion of all other terms (specifically including any new or different terms contained in a purchase order). If these terms are considered an offer by Subscriber, acceptance is expressly limited to these terms. Written approval is not a prerequisite to the validity or enforceability of this Agreement and no solicitation or any such written approval by or on behalf of Hubspring shall be construed as an inference to the contrary.
Notwithstanding anything to the contrary, if Subscriber and Hubspring have both executed a written Subscriber Agreement which governs access to or use of the Services, then the terms of the Subscriber Agreement shall govern and control and to the extent there is a direct conflict between the terms of this Agreement and the terms of the Subscriber Agreement.
Each of Subscriber and Hubspring may be referred to herein as a "party," and Subscriber and Hubspring together may be referred to as the "parties."
"Services" means (i) one or more mobile or web enterprise solutions, services and/or applications enabled by access to the enterprise software solution hosted by Hubspring, (ii) any object code version of Hubspring's proprietary computer programs delivered to Subscriber hereunder for use in connection with any Hubspring service or product; (iii) any connector software and/or any other server-side software, each of which may be delivered to Subscriber hereunder for use in connection with any Hubspring service or product; (iv) any of Hubspring's websites or web pages, and (v) all other software (including but not limited to necessary third party software), applications, application programming interface, proprietary computer programs, documentation relating to any of the foregoing, backup copies, updates, upgrades, patches, maintenance releases, or bug fixes provided by Hubspring, whether in read only memory, on any other media or in any other form.
Subject to the terms and conditions of this Agreement, during the applicable Agreement Term (as defined below), Hubspring grants to Subscriber a non-exclusive, non-transferable and non-sublicensable right for Subscriber to access, download and use the Services in conjunction with Subscriber's internal business purposes and in accordance with Hubspring's applicable documentation.
Subscriber is granted permission to access, download and use the Services, provided that Subscriber shall:
• Not copy, rent, lease, lend, sell, redistribute, sublicense or assign the Services;
• Not use the Services for any illegal or unauthorized purposes or beyond the scope of the Services' expected use;
• Not interfere with operation of the Services or with any other person's use of the Services;
• Not gain unauthorized access to the Services;
• Not use the Services in excess of or beyond the maximum number of registered users and/or devices that Subscriber has agreed to;
• Be solely liable for Subscriber's, including without limitation all of its users, conduct, acts and omissions, and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links and other content and materials that Subscriber submits, posts, displays and transmits using the Services;
• Not alter, modify, adapt, reverse engineer, decompile, disassemble or hack the Services, or create derivative works from the Services;
• Not merge the Services with other software;
• Not resell, sell, provide for service bureau use, or otherwise transfer the Services to any third party;
• Not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services;
• Not remove or alter any copyright notices or other notices included in the Services;
• Not alter or modify another website so as to falsely imply that it is associated with Hubspring;
• Not use the Services to create or transmit unwanted email, junk email, bulk email, promotions, spam or content that includes any advertising;
• Not transmit any viruses, bugs, worms, or any other computer code of a destructive nature or that may harm a network, computer, server, hardware, software or telephone equipment using the Services;
• Not violate anyone else's legal rights (e.g. privacy rights) or any laws (e.g. copyright laws) in Subscriber's jurisdiction while using the Services;
• Remain solely responsible for any message data sent from Subscriber's account;
• Use the Services in accordance with all applicable laws and agree that this Agreement is void where prohibited;
• Not use the Services to transmit content that may be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate;
• Not use any data mining, robots, or similar data gathering and extraction methods in connection with the Services;
• Not impose an unreasonable burden on the Service or network;
• Not breach, or attempt to breach, the security of the Service;
• Not use the Services or export the Services in violation of U.S. export laws and regulations;
• Not solicit any activity, unlawful or otherwise, that infringes Hubspring's rights or the rights of any other party;
• Not enable others to violate any of these terms and conditions; and
• Ensure that all end users of the Services are at least 18 years of age or older.
MOBILE DEVICE USER RESPONSIBILITIES
In addition to other requirements and prohibitions of this and other Hubspring policies, Mobile Device Users have the following responsibilities:
Hubspring will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Hubspring may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms. You acknowledge that Hubspring has no obligation to monitor your access to or use of the Site, Services, Application or Data or to review or edit any Data, but has the right to do so for the purpose of operating the Site, Services and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Hubspring reserves the right, at any time and without prior notice, to remove or disable access to any Data that Hubspring, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Site, Services or Application.
A violation of any of the terms in this Agreement by Subscriber will result in the termination of Subscriber's Hubspring account and Subscriber's inability to access or use the Services.
By using the Services, Subscriber grants Hubspring permission to send all Subscriber end users messages regarding the Services, its features, service alerts, and network activity. Notwithstanding the foregoing, it is Subscriber's responsibility to register for updates from, and/or regularly check, Hubspring's app pages at iOS https://apps.apple.com/us/app/the-hub/id1053083994 and Android: https://play.google.com/store/apps/details?id=com.hubspring.hubspring for updates with respect to the Services. Subscriber's continued use of the Services after such updates will constitute its acceptance of the changes.
This Agreement shall be effective as of the date Subscriber accepts the terms herein or first accesses, downloads or uses any of the Services (the "Effective Date") and shall remain in effect for so long as Subscriber uses or accesses any of the Services (the "Agreement Term"). Upon termination of the Agreement Term, Subscriber shall no longer be permitted to use or access the Services. The terms herein that contemplate obligations after the Agreement Term, including but not limited to Indemnification, Disclaimer, Limitation of Liability, Controlling Law and Severability, and Confidentiality, shall survive termination.
This Agreement is subject to Subscriber's acceptance of the terms and conditions set forth in Hubspring's Privacy Policy, the terms of which are hereby incorporated herein, and which can be found at Privacy Policy. The terms and conditions set forth in Hubspring's Privacy Policy may be changed by Hubspring in its sole discretion and those changes become effective upon posting. It is Subscriber's responsibility to review the Privacy Policy for revisions thereto.
Subscriber, also known as the Covered Entity, shall own all of Subscriber's message data, text, information, screen names, graphics, photos, profiles, audio and video clips, links and other content and materials that Subscriber submits and/or transmits using the Services, (collectively, "Data"), and Hubspring acknowledges that it will not acquire any rights in Data. Hubspring shall only use Data to fulfill its contractual obligations. Subscriber shall be fully liable and responsible to ensure that Data does not violate any law, regulation or the terms herein. All Data will be processed and stored within the geographic limits of the United States of America. As per US HIPAA Law, Hubspring is required to store all data.
State and Federal laws, as well as ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain confidential patient information ("Patient Information") and/or to transmit Patient Information to third parties.
HUBSPRING CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF DATA INCLUDING, WITHOUT LIMITATION, PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE, SERVICES, APPLICATION OR DATA.
Hubspring will comply with data breach laws and industry standards in the United States of America, including but not limited to HIPAA and HITECH. Hubspring and any subcontractors to whom Data is provided shall maintain a comprehensive data security program, which shall include reasonable and appropriate technical, organizational and security measures against the destruction, loss, unauthorized access or alteration of Data in the possession of Hubspring or its subcontractors.
Subscriber agrees to defend, indemnify, hold harmless and defend Hubspring and its officers, shareholders, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to Subscriber's use of, or access to, the Services.
SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICES IS AT SUBSCRIBER'S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH SUBSCRIBER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HUBSPRING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Except where prohibited by law, in no event will Hubspring, its officers, shareholders, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from: (1) the use of, or inability to use, the Services; (2) the performance of the Services; or (3) the conduct of other users of the Services, even if Hubspring has been advised of the possibility of such damages. Subscriber assumes total responsibility for the use of the Services. Subscriber's only remedy against Hubspring for dissatisfaction with the Services is to stop using the Services.
This Agreement and all matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Each party irrevocably agrees that any claim brought by it in any way arising out of this Agreement must be brought solely and exclusively in state or federal court located in Miami-Dade County, Florida.
