Terms and Conditions for the Use of the OpenAPI Integration for HubSpot

This document contains the general terms and conditions regulating the use of the website and the OpenAPI integration for HubSpot provided by Orbital Waves (collectively referred to as "the Service").

Third-party Platforms Disclaimer

OpenAPI and HubSpot are owned by their respective companies, which retain all rights over their platforms and trademarks. These platforms are governed by their individual user agreements, which are beyond the scope of these Terms and Conditions. Users are solely responsible for adhering to the terms and conditions set forth by OpenAPI and HubSpot, even when accessed or utilized through our integration. Orbital Waves assumes no liability for compliance with these agreements on behalf of the user.

Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms shall have the meaning indicated below:

• Owner: Orbital Waves s.r.l., with registered address in Corso Inghilterra 17bis, 10138 Torino (ITALY), VAT number/Tax code IT10807290019, N. Rea TO - 1163757, fully paid-up share capital of €10,000.00, certified e-mail address (PEC)
• Application: the website and the OpenAPI HubSpot Integration developed by the Owner, intended solely to facilitate connectivity between the User’s HubSpot and OpenAPI accounts.
• Service: the integration and related functionalities provided by the Owner, allowing the User to connect their HubSpot and OpenAPI accounts, at no cost to the User.
• User: any individual or legal entity who accesses and uses the Application, including those utilizing the Service to connect their HubSpot and OpenAPI accounts.
• Third-party Provider: any external company, such as HubSpot and OpenAPI, whose platforms and services may be accessed through the Service as part of the integration.
• Conditions: this document, which governs the relationship between the Owner and the Users concerning the usage of the Application and Service.

Relationship between the Owner, Third-party Providers, and Users

The Application is a platform managed by the Owner that enables Users to connect their HubSpot and OpenAPI accounts via the Service, which acts solely as a bridge between these two platforms. The Owner has no affiliation with HubSpot or OpenAPI beyond providing this integration and does not assume responsibility for the services, terms, or functionality of these Third-party Providers.

HubSpot and OpenAPI are the sole property of their respective companies, which retain all rights over their platforms and trademarks. These platforms are governed by their individual user agreements, which fall outside the scope of these Conditions. Users are solely responsible for complying with the terms and conditions of HubSpot and OpenAPI, even when accessing or utilizing these platforms via the integration. The Owner shall not be liable for any issues, disputes, or claims arising from the User’s relationship with Third-party Providers, including compliance with their respective terms.

The Owner acts strictly as a technical operator of the Service and does not participate in or bear any liability related to interactions or contracts between Users and Third-party Providers. Consequently, any agreement or transaction between Users and Third-party Providers remains independent of these Conditions.

Detailed Information on the Application’s Offer

The Application enables additional features in HubSpot to interact with OpenAPI's APIs.

User Eligibility

The Application is intended solely for Business or Professional Users. By using the Application, the User represents and warrants that they are accessing it for purposes related to their trade, business, craft, or profession. The Application is not intended for Consumer Users, and the protections granted under consumer protection laws, including the Italian Consumer Code, do not apply. Any User who does not meet these criteria must refrain from using the Application.

Scope of the Conditions

The use of the Application constitutes full acceptance of these Conditions by the User. If the User does not accept these Conditions or any other legal notice or information referenced herein, they must refrain from using the Application and related services.

The Owner reserves the right to modify the Conditions at any time, at its sole discretion. The applicable Conditions are those in effect at the time the User accesses and uses the Application.

Before using the Application, the User is encouraged to read these Conditions carefully and to save or print a copy for future reference.

The Owner reserves the right to modify, at any time and at its discretion, even after the User has registered, the graphical interface, content structure, and organizational layout of the Application, along with any other functionality or management feature of the Application. The Owner assumes no liability for any potential negative impacts, including but not limited to loss of compatibility, reduced functionality, or changes to the Application’s operations, arising from such modifications. When necessary, the Owner will provide relevant instructions to the User regarding these changes, but shall bear no responsibility for any resulting issues or incompatibilities with third-party platforms or services.

Registration

To access the features of the Application, the User must register and provide, truthfully and completely, all required information on the registration form, and must accept the privacy policy and these Conditions.

The User is solely responsible for maintaining the security of their login credentials, which are for personal use only and may not be transferred to third parties. The User agrees to keep these credentials confidential and to ensure that no unauthorized party has access to them. If the User suspects or becomes aware of any unauthorized use or disclosure of their credentials, they must immediately inform the Owner.

The User guarantees that all personal information provided during registration is complete and accurate, and agrees to indemnify and hold the Owner harmless from any damages, claims, or penalties that may arise from or in any way relate to the User’s failure to comply with the Application’s registration rules or to securely store their login credentials.

Account Cancellation and Closure

The registered User may discontinue the use of the Application at any time and may deactivate their account or request its cancellation via the Application interface, if available, or by sending a written request to info@orbitalwaves.it. Upon receipt of the cancellation request, the Owner will proceed with deactivation or deletion of the account within a reasonable time frame, subject to the terms of applicable data retention policies.

Express Termination Clause

The Owner reserves the right to suspend or terminate the User’s access to the Application and its services at any time, at its sole discretion, with or without justification and without prior notice. Such termination may occur immediately and does not require any explanation from the Owner. In the event of termination, the User shall not be entitled to any indemnity, compensation, or reimbursement of any kind.

Industrial and Intellectual Property Rights

All content within the Application, including but not limited to text, documents, trademarks, logos, images, graphics, their layout, and any adaptations, are protected by copyright, trademark, and other applicable intellectual property laws. The Application may also contain images, documents, logos, and trademarks belonging to third parties, displayed with their express authorization or as permitted by law.

Except for strictly personal use related to the integration functions, copying, modifying, distributing, publishing, or otherwise exploiting the content without the Owner’s specific authorization is prohibited. The Owner assumes no responsibility for the accuracy, ownership, or authorization of any third-party content within the Application.

Exclusion of Warranty

The Application is provided strictly “as is” and “as available,” without any explicit or implicit warranty of any kind. The Owner makes no guarantees that the Application will meet any specific User requirements, nor does it warrant that the Application will operate without interruptions, errors, viruses, bugs, or other harmful elements. The User is solely responsible for verifying the Application’s functionality and compatibility with their own systems and accounts, including any third-party accounts or platforms integrated via the Application.

While the Owner endeavors to maintain the Application’s availability on a continuous basis, it shall not be held liable if, for any reason, the Application becomes temporarily or permanently inaccessible or non-operational. Access to the Application may be suspended or terminated without notice due to system failures, maintenance, repairs, external events, or force majeure. Users are solely responsible for monitoring the correct operation of the Application and must suspend usage immediately if any issues or irregularities are detected.

Limitation of Liability

The Owner assumes no liability towards the User except in cases of willful misconduct or gross negligence, and shall not be responsible for service interruptions, malfunctions, or connectivity issues due to external factors, such as internet failures, outside the control of the Owner or its suppliers.

The Owner shall not be liable for:

• Any costs, charges, or fees incurred by the User on third-party platforms (such as HubSpot or OpenAPI) due to integration issues, malfunctions, or improper functioning of the Application.
• Business opportunities, revenue losses, or any indirect damages related to the Application’s availability or performance.
• Misuse, incorrect usage, or unsuitable application of the integration by the User or third parties.
• The issuance of incorrect documents, invoices, or data due to errors in information provided by the User, who is solely responsible for the accuracy of their input.

Under no circumstances shall the Owner’s liability include any form of financial or compensatory remedy to the User, and the Owner shall bear no responsibility for any charges or fees incurred by the User on third-party platforms due to integration or operational issues.

User’s Responsibility to Monitor and Verify

The User is solely responsible for verifying the proper operation of the Application and its compatibility with third-party services, such as HubSpot and OpenAPI. Any malfunctions or unintended behavior that impact third-party accounts, billing, or service usage fall under the User’s obligation to detect and act upon, including suspending use of the Application if necessary. The Owner assumes no responsibility for monitoring these aspects, nor for any unintended charges, modifications, or consequences resulting from the Applicationfailure in fulfilling its obligations due to events beyond its reasonable control, including but not limited to force majeure, unforeseen incidents, or any event outside its willful influence. The fulfillment of obligations shall be considered suspended for the duration of such events. The Owner will make every reasonable effort to identify solutions or resume operations, where possible, in order to minimize disruption.

Links to Third-party Websites and Applications

The Application may include links to external websites or applications managed by third parties. The Owner has no control over these external sites or applications and, consequently, assumes no responsibility for their content, functionality, or security.

Certain links may direct the User to third-party websites or applications that offer services accessible through the Application. In such cases, the general terms and conditions governing these third-party sites, applications, or services will apply independently of these Conditions, and the Owner shall not be liable for any aspect of the third-party services or their impact on the User’s experience.

Privacy

The protection and processing of personal data will be in accordance with the Privacy Policy, which can be consulted on the Privacy Policy page.

Applicable Law and Jurisdiction

These Conditions are governed by Italian law. For any disputes related to the application, execution, or interpretation of these Conditions, the exclusive jurisdiction shall be with the courts where the Owner is based.