These terms were last updated on May 26th, 2023.
Terms of Sale Agreement
This Terms of Sale Agreement (the "Agreement") is between the purchaser, herein referred to as "Customer," and the SaaS provider of the HubSpot Training Service ("Squad4 LLC"), herein referred to as "Company."
IMPORTANT: Service REQUIRES active HubSpot AND Supered subscriptions.
1.0 Services
1.1 The Company agrees to provide the Customer with a SaaS offering for JumpStart HubSpot Training ("Services"). The Services will be provided on an "AS IS" basis. They will be regularly updated to reflect changes within the HubSpot ecosystem and platform.
1.2 The Company is not responsible for managing or maintaining Customer's third-party subscriptions, such as but not limited to HubSpot and Supered. Continued use of the JumpStart training program requires you to manage your HubSpot and Supered subscription and uphold their terms, respectively.
1.3 The Company shall endeavor to continuously improve the Services but does not guarantee that any specific results will be achieved.
1.4 For service delivery and fulfillment, the Company will need to be provided access to your HubSpot and Supered instances through invitations or confirmation links. The Customer shall provide and manage this access.
2.0 Fees & Refunds
2.1 The Customer shall pay a one-time upfront fee for access to the Services, as set forth in digital quote provided.
2.2 In addition to the one-time upfront fee, the Customer shall pay an annual subscription or license fee for regularly updated content based on the number of internal AND active HubSpot Users they support and as specified in the the digital quote. This fee will be charged annually until cancelled.
2.3 The recurring annual subscription fees for our Service are based on a per user model, predicated on an honor system. You are entrusted with the responsibility to accurately declare the number of Users that will be utilizing our Services paired with Supered and HubSot instance. In case the number of Users (Supered Users) you register exceeds the licensed seats allocated to your account at any given time, we remain understanding and flexible. We will initiate communication with you to verify the number of active Users prior to your upcoming renewal date. If upon renewal, we discover that the number of Users surpasses the licensed seats for which you are currently remitting payment, we retain the right to revise your annual recurring subscription fee accordingly. A notification will be sent to you, offering an opportunity to modify your subscription plan or terminate the service. Furthermore, in instances where we identify that your User count exceeds your designated threshold by more than 25%, a separate notification will be issued. Should you fail to respond meaningfully, take corrective measures, or update your subscription in a timely manner, we reserve the right to temporarily halt or completely terminate your access to ongoing content updates with immediate effect.
2.4 We offer a 30-day money back guarantee on full priced JumpStart subscriptions. All other payments made towards our Service are non-refundable. That includes any payments made using discount codes. You may cancel at any time and continue to receive access to content updates through the end of your term. For more information, see Terms & Termination.
3.0 Terms & Termination
3.1 This Agreement shall commence on the date of execution and shall continue until terminated by either party with written notice.
3.2 IMPORTANT: Customer may cancel ANYTIME. In the event that you cancel you will retain all of the training program (including workflows, fields, dashboards, lists, etc, and all data that you have in your HubSpot instance.) If cancelled, customer will stop receiving access to regularly updated content and be 100% responsible for managing their own training and content.
4.0 Disclaimer of Warranties & Limitation of Liability
4.1 The Company makes no warranty, express or implied, with respect to the Services, including without limitation any implied warranty of merchantability or fitness for a particular purpose, and the Company expressly disclaims all such warranties.
4.2 The Company will not be liable to the Customer or any third party for any direct, indirect, incidental, special, punitive, or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, or other economic advantage) arising out of or in connection with the Services, whether in contract, tort, or otherwise, even if the Company has been advised of the possibility of such damages.
5.0 Indemnification
5.1 The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from the Customer's (or anyone using the Customer's account's) violation of this Agreement.
6.0 Governing Law
6.1 This Agreement shall be governed by and construed in accordance with the laws of the state in which the Company is headquartered, without giving effect to its conflict of laws provisions.
7.0 Amendments
7.1 The Company reserves the right to modify these Terms of Sale at any time and will publish notice of any such modifications online at its official website. By continuing to use the Services after any such changes, the Customer agrees to be bound by the revised Terms of Sale.
These terms are subject to change without notice. Please print a copy of this page for your records.