Terms of Service

Thank you for choosing Hushdevs. This is an agreement between you the “customer” (or “client”) and Hushdevs, a token-supported marketplace for freelance work.
Our office is located at 180 Northfield Drive West, Waterloo ON N2L 5A6, Canada.

By using Hushdevs as a transactional marketplace or any of our additional services, you agree to these Terms of Service and to our Privacy Policy – Privacy Policy 

1. Eligibility to use our services

In order to access and use the Services, you may be required to register an account with Hushdevs (the “Account”) and select a Service plan. You must be at least eighteen (18) years of age, or any higher minimum age in the jurisdiction where you reside, to register an Account or access or use the Services. You are not eligible to use the Services or register for an Account if you are located in, or a resident of a country that is subject to economic or other sanctions by the United States, European Union, United Nations, or any other government or international body.

By using the Services or registering for an Account, you agree to (a) provide accurate, truthful, current, and complete information; (b) maintain and promptly update your Account information upon any changes; (c) maintain the security of your Account and Service plan by protecting your password and restricting access to your Account and Service plan; (d) promptly notify Hushdevs if you discover or otherwise suspect any security breaches or unauthorized access related to the Services; (e) take responsibility for all activities that occur under your Account or Service plan and accept all risks of any authorized or unauthorized access to your Account or Service plan; and (f) not open multiple Accounts or Service plans in order to bypass any restrictions or overage charges set forth by Hushdevs. If there is a dispute about the ownership of an Account, we reserve the right to investigate and determine ownership of the Account based on our reasonable judgment.

2. Content on the Hushdevs platform

Hushdevs may enable you and End Users to post, import, upload, store, share, send, display, or otherwise transmit text, data, information, code, software, domain names, materials, designs, photos, images, video, music, logos, or any other content to or through the Services for the purpose of creating, managing, and operating your Client Websites (collectively, the “Client Content”). You are fully responsible for and retain all rights to and ownership of your Client Content, including your Client Websites. Hushdevs does not – and cannot – warrant or guarantee the security of Client Content. You will provide Hushdevs with Client Content in a form requiring no processing or modification by Hushdevs. You are also obligated to provide all notices to, and obtain and maintain any consents from, any person, including End Users, as required by applicable law or regulation in connection with Client Content. You are responsible for the design and development of the Client Content (which includes the Client Websites). You are responsible for all necessary changes to the Client Content including changes to the appearance of Client Websites. You are responsible for all code development, creation, editing, writing, testing, auditing, modification, and optimization necessary or desirable for the operation of the Client Content. You are responsible for optimizing the performance of the Client Content. If you choose to host the Client Content with a different hosting provider you are responsible for migration of the Client Content to the new hosting provider.

You represent, warrant, and agree that Client Content shall not (a) infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right, or any other proprietary or intellectual property right; (b) violate or promote the violation of any law; (c) be defamatory, fraudulent, false, misleading, or deceptive; (d) constitute spam, phishing attempts, “chain letters”, “pyramid schemes”, or similar unethical marketing or advertising; (e) be pornographic, vulgar, exploitative of children, or otherwise obscene; (f) include sex/adult-themed products, services, or other material; or (g) promote violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group. Hushdevs has no obligation to monitor, validate, correct, or update Client Content in any way. Hushdevs may, in its sole discretion, alter, remove, or refuse to display any Client Content that is in violation of these Terms.

3. Customer Conduct and Acceptable Use

Do not transmit any information to or about Hushdevs or its other Clients, End Users, employees, or representatives that is considered, in Hushdevs’s sole determination, to be demeaning, harassing, hurtful, abusive, derogatory, insulting, defamatory, false, misleading, or otherwise offensive. You agree to use our Services in compliance with applicable local, state, national, and international laws and regulations, including, but not limited to, Canadian and United States export-control laws and applicable data privacy laws.

You agree not to perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (a) use, display, mirror, or frame the Services or any individual element within the Services; (b) access or tamper with non-public areas of the Services; (c) test the vulnerability of any Hushdevs system or breach any security or authentication measures; (d) circumvent any measure implemented by Hushdevs or any third party to protect the Services; (f) copy, modify, decompile, disassemble, reverse engineer, tamper with, or attempt to derive the source code of any part of the Services; (g) interrupt, damage, destroy, or limit the functionality of the Services; or (h) host, upload, or in any way transmit malware, viruses, or any other malicious code or activity (“Malicious Code”). Clients who unintentionally or inadvertently host Malicious Code in connection with the Services shall cooperate with Hushdevs to promptly remove the Malicious Code. If the code has been migrated unintentionally as part of a website migration performed by the Client, the Client shall be afforded the opportunity to promptly remove the Malicious Code.

You agree to cooperate with Hushdevs in ensuring that bandwidth utilization and resource utilization is accurately measured. Do not overburden the Services or place excessive burdens on any CPUs, servers, or other resources used in connection with the Services. Do not use excessive bandwidth or data transfer. If your Services are unmetered, and your use of them exceeds the use of these Services by similarly situated customers, or exceeds our “fair usage” policy, we may offer to move you to a metered plan. If you refuse to move to a metered plan, we may place restrictions on your use of the Services until your use corresponds with that of similarly situated customers.

4. Copyright infringement policy / DMCA

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Hushdevs has adopted a policy of terminating, in appropriate circumstances and in Hushdevs’s sole discretion, users who are deemed to be repeat infringers of other’s copyrighted property. Hushdevs may also, in our sole discretion, limit access to the Services and/or terminate the Accounts of any Clients who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with the Hushdevs Legal team as set forth below.

Attn: Legal Team, Hushdevs Inc. 180 Northfield Drive West, Waterloo ON N2L 5A6, Canada

Or via email: legal <at> hushdevs dot com

5. Termination of services

If you are in breach of these Terms or any other policies, terms, or agreements Hushdevs has in place from time to time, Hushdevs may immediately and at our option terminate this Agreement and/or terminate or suspend your access to the Services and your Account. Upon any such termination or suspension, you are not permitted to register for another Account or access the Services without our prior written permission. The Services and these Terms may be terminated by either party for convenience by giving the other party seven (7) days prior written notice, either by submitting a support ticket or by emailing the Hushdevs customer support team. Thereafter, at its sole discretion, Hushdevs may refund any pro-rated amount due to the customer. Any provision of these Terms that, in order to give proper effect to its intent, should survive the termination, expiration, discontinuance, or suspension of these Terms or the Services, will survive such termination, expiration, discontinuance, or suspension of these Terms or the Services.

6. Disclaimer of Warranties

All Hushdevs services unless governed by a contractual “service level agreement” (SLA) are provided “as is” and “as available” and Hushdevs hereby disclaims all warranties, whether express, implied, statutory or other, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and all warranties arising from course of dealing, usage, or trade practice. Hushdevs makes no warranty of any kind that the services, or any products or results of the use thereof, will meet client’s or any other person’s requirements; operate without interruption; achieve any intended result; be compatible or work with any software, system, or other services; or be accurate, complete, free of harmful code, or error free.

7. Limitation of Liability

Hushdevs, its owners, employees, officers, directors, contractors, affiliates, suppliers, or licensors, or any other party involved in creating, producing, or delivering the services will NOT be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of goodwill, service interruption, computer damage, system failure, or loss, theft or destruction of data or client content, or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Hushdevs has been informed of the possibility of such damages. In no event will Hushdevs’s total liability arising out of or in connection with these terms or from the use of or inability to use the services exceed (a) the aggregate amount of fees paid or owed by you to Hushdevs during the 3 months immediately preceding the claim, or (b) one hundred dollars ($100.00), whichever is greater.

8. Indemnity

You agree to defend, indemnify, and hold harmless Hushdevs (and each of our owners, officers, directors, employees, agents, contractors, licensors, and affiliates) from and against any and all losses, costs, expenses, damages, injuries, and/or liability of any kind, including attorney’s fees, that a Hushdevs party may incur or suffer as a result of any claims, suits, proceedings, or investigations asserted or commenced by any third party, which arise out of or are in any way connected with (a) your access or use of, or conduct in connection with, our Services; (b) Client Content, Client Websites, or Submissions; (c) your breach or alleged breach of these Terms; or (d) your violation of any law or the rights of a third party. We reserve the right, in our sole discretion, to control any action or proceeding, including selection of counsel, and determine whether we wish to settle it, and if so, on what terms, in which event you will cooperate with us in asserting any available defenses.

9. Arbitration, Dispute Resolution, Jurisdiction

At Hushdevs, our goal is to be customer-centric and we wish to address any customer disputes in an amicable manner without engaging in formal legal proceedings. To that end, please contact us via email – legal <at> hushdevs dot com, for any disputes or grievances, and we will try our best to resolve the dispute and address your concerns with 30 calendar days. Any dispute, controversy, or claim arising out of or relating to the Services or these Terms, or the breach thereof, shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof; provided, however, that you and Hushdevs are not required to arbitrate any dispute in which either party seeks equitable or injunctive relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents, or other confidential information or intellectual property.

The laws of the Province of Ontario (Canada) will govern this Terms of Service agreement, and its application and interpretation. Any action instituted by either party arising out of this agreement shall only be brought, tried and resolved in the applicable federal or provincial courts having jurisdiction in the Province of Ontario, Canada. By using Hushdevs or our services, you waive any and all objections to the exercise of jurisdiction over you by such courts in the Province of Ontario, Canada. Furthermore, whether the dispute is heard in arbitration or in court, you waive any right to commence a class action, or other representative action or proceeding against Hushdevs and/or its officers.

10. Use of third-party services

Hushdevs may display, install, permit access to or use thereof, or incorporate third-party content, WordPress plugins, websites, apps, software, services, and resources (collectively “Third-Party Services”) that are not under Hushdevs’s control. Third-Party Services are made available only as a convenience to you, and we are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with your usage of Hushdevs are not controlled by Hushdevs, and therefore you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services.

11. California Consumer Privacy Act (CCPA)

This section applies only to the extent that (a) Hushdevs receives and processes End User personal information for or on behalf of the Client and (b) the California Consumer Privacy Act (“CCPA”) applies to such End User personal Information. Hushdevs certifies, understands, and agrees as follows:

1. Hushdevs is a service provider with respect to End User personal information.

2. Hushdevs shall not sell End User personal information.

3. Hushdevs shall not retain, use, or disclose End User personal information for any purpose other than the specific purpose of performing the Services under these Terms, or as otherwise permitted under the CCPA.

12. General Data Protection Regulation (GDPR)

Hushdevs adheres to GDPR regulations as outlined in our GDPR Compliance Policy – GDPR Compliance

13. Miscellaneous

Our Terms of Service, Privacy Policy, and Data Processing Addendum are incorporated herein by reference and, together with these Terms, constitute the entire agreement of the parties involved, and supersede all prior and contemporaneous understandings between the parties regarding their collective subject matter. You may not assign any of your rights or obligations under these Terms without prior written consent from Hushdevs. Hushdevs may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval. The invalidity or un-enforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

This policy was last updated Feb 2nd, 2022.