1. Scope and Application
These Terms of Service govern access to and use of the SumHubs platform, mobile applications, websites, and related services.
These Terms apply to:
- Enterprise Users - schools, districts, organizations, service providers, and businesses.
- End Users - students, parents, educators, and consumer mobile app users.
- Any other individual or entity accessing the Service.
2. Definitions
Service
The SumHubs platform, mobile applications, websites, software, and related services.
Enterprise User
Any organization, school, business, or service provider using the Service under an enterprise, institutional, or commercial account.
End User
Any individual accessing the Service, including students, parents, educators, and consumer users.
User Content
Any data, materials, text, images, files, or other content submitted, uploaded, or made available by a user through the Service.
Confidential Information
Non-public information disclosed in connection with the Service that is designated confidential or would reasonably be understood as confidential.
Applicable Law
All laws, regulations, and governmental requirements, including FERPA, COPPA, ADA, GDPR, CCPA, and equivalent international regimes.
3. Acceptance of Terms
Accessing or using the Service constitutes acceptance of these Terms. If you do not agree, you must not use the Service.
4. Eligibility
- Users must be at least 13 years old to create an account.
- Children under 13 may use the Service only with verified parental or school consent under COPPA.
- Where required by local law, including GDPR, children between ages 13-16 may require parental consent.
- Enterprise Users must comply with organizational authorization and applicable procurement processes.
5. Accounts and Verification
Users must provide accurate information during registration and maintain the confidentiality of their login credentials. SumHubs reserves the right to require identity verification, including KYC checks, for Enterprise Users, payment processing, or fraud prevention.
6. Fees, Payments, Refunds, and Reserves
Fees
Certain features require paid subscriptions or fees, billed in advance. Fees are non-refundable except as required by Applicable Law.
Taxes
Prices exclude taxes; users are responsible for all applicable taxes.
Refunds and chargebacks
Enterprise Users are responsible for refunds, chargebacks, and related disputes arising from their transactions.
Reserves and set-off
SumHubs may establish reserves, delay payouts, or set off amounts owed against future payments if necessary to protect against risk, fraud, or liability.
Negative balances
Users remain responsible for negative balances, and SumHubs may pursue recovery, including collection or legal action.
7. Marketplace Conduct and Enforcement
Enterprise Users must act lawfully, honestly, and in good faith.
- Fraud, scams, misrepresentation, or unlawful activity are prohibited.
- Misuse of End User data or educational records is prohibited.
- Conduct undermining the safety, trust, or integrity of the Service is prohibited.
SumHubs may investigate, monitor, audit, suspend, or permanently remove accounts at its sole discretion, with or without notice. SumHubs may cooperate with regulators or law enforcement and does not endorse or guarantee Enterprise User services.
8. User Content and Intellectual Property
Platform ownership
All rights, title, and interest in the Service, including software, source code, algorithms, trademarks, designs, and trade secrets, belong exclusively to SumHubs.
User Content
Users retain ownership of their content but grant SumHubs a limited license to host, display, and distribute such content solely to operate the Service.
Restrictions
Users may not copy, modify, reverse-engineer, build a competing platform, infringe third-party rights, or use the SumHubs name and marks without prior written permission.
9. Confidential Information
Each party may receive Confidential Information in connection with the Service. Recipients must use reasonable care to protect Confidential Information and may use it only for purposes related to the Service, except where disclosure is required by law.
10. Data Security and Privacy
SumHubs implements industry-standard safeguards, including encryption, role-based access controls, audit logging, and breach notification in compliance with Applicable Law.
Where SumHubs acts as a data processor on behalf of Enterprise Users, processing of personal data shall be governed by a separate Data Processing Addendum, available upon request.
11. Accessibility Compliance
SumHubs is committed to accessibility and works to support WCAG 2.1 AA, ADA, and Section 508 standards where applicable.
12. Mobile Applications
Mobile app use may be subject to additional Apple App Store or Google Play terms. In-app purchases, refunds, subscriptions, and device permissions may be handled by those platforms and their policies.
13. Monitoring and Audit
SumHubs may monitor usage, review activity, and audit accounts as needed to maintain security, prevent fraud, enforce these Terms, and satisfy legal or regulatory obligations.
14. International Compliance
Users are responsible for complying with laws that apply to their location and use of the Service, including export controls, sanctions, data protection, accessibility, consumer protection, and education-specific requirements.
15. DMCA / IP Takedown Policy
SumHubs respects intellectual property rights. If you believe content infringes your copyright, you may submit a written notice to:
Designated Agent
SumHubs LLC - DMCA Complaints
Email: support@sumhubs.com
4351, 1007 N Orange St. 4th Floor, Wilmington, DE, New Castle, US, 19801
Your notice must comply with 17 U.S.C. Section 512(c)(3). SumHubs may remove or disable access to alleged infringing material and may terminate repeat infringers.
16. Disclaimers of Warranties
The Service is provided "AS IS" and "AS AVAILABLE." SumHubs disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
17. Limitation of Liability
To the maximum extent permitted by law, SumHubs shall not be liable for indirect, incidental, punitive, or consequential damages, including lost profits, revenues, or data.
The total liability of SumHubs shall not exceed the greater of USD $100 or amounts paid to SumHubs by the user in the twelve months preceding the claim.
18. Indemnification
Users agree to defend, indemnify, and hold SumHubs harmless from claims, damages, liabilities, costs, and expenses arising from their use of the Service, User Content, transactions, violation of these Terms, or violation of Applicable Law.
19. Dispute Resolution, Arbitration, and Class Action Waiver
- Governing law: these Terms are governed by the laws of the State of Delaware.
- Arbitration: disputes shall be resolved by binding arbitration under AAA rules in Wilmington, Delaware.
- Class action waiver: users may bring claims only in their individual capacity.
- Users waive the right to a jury trial.
20. Miscellaneous
These Terms, together with incorporated policies, form the entire agreement between the user and SumHubs regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Users may not assign these Terms without SumHubs' consent.
21. Changes to Terms and Termination
SumHubs may update these Terms from time to time. Notice will be provided via email, in-app message, or website posting. Continued use after updates constitutes acceptance.
Users may terminate accounts at any time. SumHubs may suspend or terminate access for violations of these Terms or Applicable Law. Certain provisions, including IP ownership, limitation of liability, indemnification, and arbitration, survive termination.
Contact Us
SumHubs LLC
Email: support@sumhubs.com
Website: www.sumhubs.com
Address: 4351, 1007 N Orange St. 4th Floor, Wilmington, DE, New Castle, US, 19801