Yardi Hubble On-Demand Terms of Use for Office Providers (these "Terms")

Last updated: June 25, 2025

1. Introduction
1. Yardi Systems, Inc. ("Yardi") operates a service that allows Office Providers of Workplace Facilities to provide Users with access to their Workplace Facilities via Yardi's Hubble On-Demand service (collectively, "Hubble On-Demand"). These Terms set out the terms and conditions by which Office Providers agree to make Workplace Facilities available to Users.
2. Capitalized terms used in these terms, and not otherwise defined in context, are defined in section 2 (Definitions) of these Terms.
3. BY CLICKING OR CHECKING THE BOX ON THE SIGNUP FORM, SIGNING, OR OTHERWISE MANIFESTING AGREEMENT TO THESE TERMS, OFFICE PROVIDERS AGREE TO AND ACCEPT THESE TERMS.
4. IF THE PERSON CLICKING OR CHECKING THE BOX ON A SIGNUP FORM, SIGNING, OR OTHERWISE MANIFESTING AGREEMENT TO THESE TERMS IS DOING SO ON BEHALF OF AN OFFICE PROVIDER, SUCH PERSON WARRANTS THAT THEY ARE AN AUTHORIZED USER FOR THE OFFICE PROVIDER, AND HAVE THE OFFICE PROVIDER'S AUTHORITY TO DO SO, AS SUCH PERSON -- AND THE OFFICE PROVIDER - WILL BE RESPONSIBLE FOR COMPLYING WITH THESE HUBBLE ON-DEMAND OFFICE PROVIDER TERMS.
5. Yardi is a California corporation headquartered at 430 S Fairview Ave., Goleta, CA 93117.
2. Definitions
1. In these Terms, except where the context requires otherwise, the following terms have the following meaning:
  1. "Account Administrator" means a User that is responsible for:
    1. Booking Workplace Facilities for an Organization (if applicable);
    2. adding Users to an Organization; and
    3. appointing other Account Administrators in respect of an Organization;
    through Hubble On-Demand;
  2. "Affiliate" means in relation to an entity, another entity Controlling, Controlled by, or under common Control with, that entity;
  3. "Aggregate Office Provider Payment" equals (N x (LP-BF)) -- Deductions; where: (i) N = the number of Completed Bookings in a month; (ii) LP = List Price for each Completed Booking; and (iii) BF = the Booking Service Fee for each Completed Booking;
  4. "Authorized User" means a person who is authorized by an Office Provider to use Hubble On-Demand on the Office Provider's behalf;
  5. "Booking" means a request on behalf of an Organization for a User to use Workplace Facilities;
  6. "Booking Data" means any information relating to a Booking, including:
    1. the date on which Hubble On-Demand will be redeemed by a User at the Workplace Facilities;
    2. the name of the User and the applicable Organization submitting the Booking; and
    3. any additional information or requests provided by the User or Organization in relation to the Booking;
  7. "Booking Payment" means the service fee paid by a User in respect of a Completed Booking;
  8. "Booking Service Fee" means the amount payable to Yardi calculated as a percentage of the relevant List Price with respect to the promotion of the Workplace Facilities through Hubble On-Demand, and equal to either: (i) 20% for coworking day pass Bookings; (ii) 10% for meeting rooms, private day offices, and event space; or (iii) such other percentages for a Booking as may be expressly agreed between the Parties in advance, and in writing;
  9. "Commencement Date" means the date specified in the Signup Form;
  10. "Completed Booking" means a Booking, other than a cancelled Booking notified to the Office Provider under section 4.2.3 with the Required Cancellation Notice Period before the date and time on which the User is due to use the Workplace Facilities in accordance with the Booking Data;
  11. "Confidential Information" means information which is identified as confidential or proprietary by either party or which, by its nature, reasonably should be regarded as confidential or proprietary;
  12. "Control' (and its derivatives, "Controlled" and "Controlling" as applicable in context) means with regard to an entity, the legal, beneficial, or equitable ownership, directly or indirectly, in excess of 50% of the capital stock (or other ownership interest, if not a corporation) of such entity having voting rights, or the equivalent right under contract, to control management decisions;
  13. "Dashboard" means the Hubble On-Demand online platform with which Yardi may provide Office Providers with access to view and manage Bookings, access Booking Data or upload and edit listing information (subject always to Yardi's prior review);
  14. "Deductions" means any amounts, including: (i) refunds; and (ii) the costs of any Yardi, or Yardi Affiliate, Bookings; properly deducted by Yardi in accordance with these Terms;
  15. "Force Majeure Event" means any event beyond the reasonable control of the party affected by such event including, without limitation, fire, storm, weather, earthquake, explosion, casualty, strike, war, riot, civil disturbance, act of God, acts or omission of any third party, any state or national law, decree or ordinance, or any executive or judicial order, which event causes a party to delay or fail to perform under these Terms;
  16. "Hubble On-Demand User Terms" means the terms and conditions applicable to Users' access to Hubble On-Demand posted at https://hubblehq.com/en-us/terms/on-demand;
  17. "List Price" means the standard prices which Office Providers charge for use of Workplace Facilities from time to time other than through Hubble On-Demand;
  18. "Office Provider" means the person identified on the Signup Form;
  19. "Office Provider Bank Account" means the bank account specified on the Signup Form, or as otherwise agreed between the parties;
  20. "Office Provider Data" means the content and data that Office Providers, and/or Authorized Users, make available to Yardi, including any Promotional Materials, which are used by Yardi in connection with provision of Hubble On-Demand;
  21. "Organization" means a group of Users that have been granted the right by an Account Administrator to use Hubble On-Demand;
  22. "Promotional Materials" means any text, graphics, images, video, data or other materials reasonably required by Yardi to promote Office Provider's Workplace Facilities on Hubble On-Demand;
  23. "Referred Person" means a User, or a Related Person, that made a Booking;
  24. "Related Person" means, in relation to a User, a natural or legal person that:
    1. has an employment, consultancy, or similar relationship with the User or a User Affiliate;
    2. is in partnership with that User; or
    3. otherwise determines and/or directs the activities and duties to be performed by the User;
  25. "Required Cancellation Notice Period" means: (i) 48 hours; or (ii) such other time period as is notified to a User at the time of Booking;
  26. "Signup Form" means the signup form entered into (whether electronically or otherwise) by the parties, and which, among other things, identifies the Office Provider, the Workplace Facilities and sets out the List Price and the Booking Service Fee;
  27. "Successful Referral" means a Referred Person entering into a binding and enforceable agreement with an Office Provider under which the Referred Person: (i) has a right to occupy, or is granted a lease for, any Workplace Facilities that an Office Provider makes available to them; and/or (ii) otherwise has a right to access the Workplace Facilities other than by using Hubble On-Demand;
  28. "Taxes" means any tax, tariff, or duty applicable to: (i) Aggregate Office Provider Payments and/or Booking Payments; and/or (ii) Booking Service Fees, Yardi Referral Service Fees, and/or any other service fees due from Office Provider to Yardi under these Terms;
  29. "Term" means the duration of time these Terms remain in effect pursuant to section 3 (Duration);
  30. "User" means a person that accesses and uses Hubble On-Demand to search for Workplace Facilities and make Bookings;
  31. "Virus" means anything or device (including any software, code, file, or program) which may: (i) prevent, impair, or otherwise adversely affect the operation of any computer software, hardware, network, telecommunications service, equipment, or any other service or device; (ii) prevent, impair, or otherwise adversely affect access to, or the operation of, any program or data including, without limitation, the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or (iii) adversely affect the user experience including, without limitation, works, trojan horses, viruses, and other similar things, code, or devices;
  32. "Workplace Facilities" means the workplace facilities, solutions, materials, products, and/or services that Office Providers make available to Users through Hubble On-Demand, as set out on the Signup Form.
  33. "Yardi Bookings" means any Bookings made by Yardi or a Yardi Affiliate;
  34. "Yardi Referral Service Fee" means the amounts payable by Office Providers to Yardi in relation to each Successful Referral, calculated as a percentage of the amounts payable to Office Providers following a Successful Referral and set out in section 10 (Fees) of the Yardi TOU; and
  35. "Yardi TOU" means Yardi's Hubble Full-Time Office terms of use for Office Providers posted at https://hubblehq.com/en-us/terms/full-time-providers.
3. DURATION
1. These Terms shall commence on the Commencement Date and shall continue in full force and effect until one party gives the other party written notice of termination in accordance with section 12 (Termination) or section 15 (Changes to Hubble On-Demand or These Terms).
4. PROMOTION OF WORKPLACE FACILITIES
1. Office Providers appoint Yardi to promote and market Office Providers' Workplace Facilities pursuant to the Signup Form and these Terms, and Yardi accepts such appointment.
2. Yardi shall:
  1. use commercially reasonable efforts to promote and market the Workplace Facilities to Users;
  2. promptly inform Office Providers of any Bookings;
  3. notify Office Providers promptly of any Bookings cancelled by a User; and
  4. not, other than as set out in these Terms, commit Office Providers to any contracts, pledge Office Providers' credit, or otherwise incur any liability for or on Office Providers' behalf.
3. Office Providers must:
  1. promptly following the Commencement Date provide Yardi, at Office Providers' cost, with any Promotional Materials in such form as Yardi may reasonably request;
  2. ensure that Workplace Facilities: (i) conform in all material respects with the Promotional Materials; (ii) are otherwise fit for their purpose; (iii) in good repair; and (iv) compliant with any applicable laws and industry standards;
  3. promptly respond to any reasonable queries or requests for additional information from Yardi or Users with regard to the Workplace Facilities;
  4. notify Yardi from time to time of any changes to the availability of any or all of the Workplace Facilities, including any planned closures;
  5. immediately notify Yardi of any changes to the Workplace Facilities;
  6. not refuse to provide Users with access to the Workplace Facilities in accordance with any Bookings, unless:
    1. the User has breached the Hubble On-Demand User Terms or the Hubble On-Demand User Terms otherwise allow Office Providers to refuse such access; or
    2. Office Providers are reasonably prevented from providing access to the Workplace Facilities due to a Force Majeure Event; and
  7. notify Yardi promptly of:
    1. any unfulfilled Bookings due to:
      1. Office Providers' refusal to grant User access to the Workplace Facilities in accordance with section 4.3.6; or
      2. failure by a User to arrive at the Workplace Facilities in accordance with the Booking;
    2. any amendments to the Bookings that Office Providers agree with a User directly; or
    3. any Force Majeure Event that prevents Office Providers from providing a User with access to any Workplace Facilities.
4. Yardi may:
  1. remove any Promotional Materials from Hubble On-Demand if:
    1. those Promotional Materials, in Yardi's reasonable opinion, breach section 6.1.3;
    2. Yardi receives notice from a third party claiming that the Promotional Materials, or the promotion of the Workplace Facilities through Hubble On-Demand, violates that party's rights; or
    3. Yardi receives notice from a third party that Office Provider does not have the right to offer the Workplace Facilities to Users;
  2. suspend the promotion of any Workplace Facilities through Hubble On-Demand if:
    1. Yardi receives notice or reasonably determines that the promotion of such Workplace Facilities through Hubble On-Demand is in breach of applicable law; or
    2. Yardi reasonably believes, based on negative feedback from Users or otherwise, that the Workplace Facilities are not of the standard or quality represented in the Promotional Materials, or otherwise do not comply with section 4.3.2;
  3. make reasonable, non-material amendments to Promotional Materials if, in Yardi's reasonable opinion, such amendments are necessary to conform with the style and content of any other materials Yardi makes available through Hubble On-Demand;
  4. and Office Providers acknowledges and agree that Yardi may, charge a service fee to, or receive other consideration from, Office Providers in exchange for promoting a Listing on the Site and the Service; and
  5. determine, in its sole discretion, the positioning, layout, form, content and/or format of the Promotional Materials on Hubble On-Demand, including the use or publishing of User-generated content.
5. ACCESS TO HUBBLE ON-DEMAND
1. Yardi may, from time to time, as part of Hubble On-Demand, offer Office Providers access to a Dashboard. Where Yardi does so, Yardi shall notify Office Providers and, subject to such notification, grants such Office Providers a non-exclusive, non-transferable, license to access and use, and permit Authorized Users to access and use, the Dashboard for Office Providers' internal business purposes in accordance with, and subject to, these Terms.
2. Office Providers may not sublicense the rights granted in section 5.1 other than to allow Authorized Users to access and use the Dashboard.
3. Office Providers may grant Authorized Users access to the Dashboard if Office Providers ensure that:
  1. all Authorized Users are aware of these Terms and act in compliance with them; and
  2. the terms on which the Authorized User is granted access to the Dashboard protect Yardi and its proprietary rights in the Dashboard and Hubble On-Demand to the same extent as set out in these Terms including, in particular, section 7 and section 9, and that Office Providers take reasonable steps to enforce such terms at Yardi's request.
4. Office Providers must:
  1. treat all usernames and passwords used to access the Dashboard as Confidential Information;
  2. not disclose such information to any third party (other than to Authorized Users); and
  3. use commercially reasonable efforts to prevent unauthorized access to the Dashboard.
5. Office Providers must ensure that:
  1. each Authorized User keeps all usernames and passwords secure and confidential; and
  2. no Authorized User discloses usernames and passwords to any third party including, without limitation, any other Authorized Users or persons within Office Provider's organization, company, or business.
6. Office Providers will be responsible for any activities that occur under Office Providers' accounts on the Dashboard, including the activities of Authorized Users.
7. Office Providers should use, and encourage Authorized Users to use, 'strong' passwords (using a combination of upper and lower case letters, numbers, and symbols) with any account that Office Providers have on the Dashboard.
8. Office Providers, and Office Providers' Authorized Users, must prevent any unauthorized access to, or use of, the Dashboard and Hubble On-Demand, and must: (i) immediately notify Yardi in the event of any unauthorized use of Office Provider's, or an Authorized User's, password or account; (ii) immediately change Office Providers', and/or Authorized Users.' password if Office Provider, and/or an Authorized User, become aware that Office Providers', or an Authorized User's, Account has been compromised; and (iii) ensure that Office Provider, and Office Provider's Authorized Users, fully exit from Office Provider's account at the end of each session.
6. GENERAL Office Provider TERMS
1. Office Providers:
  1. must comply with all applicable laws and regulations with respect to Office Providers' use of Hubble On-Demand and Office Providers' activities under these Terms;
  2. warrant that Office Providers have (and shall continue to have) all applicable rights, licenses, permissions, and authorizations as required to promote the Workplace Facilities through Hubble On-Demand and make the Workplace Facilities available to Users;
  3. must ensure that Office Providers have all applicable rights, licenses, permissions and authorizations to provide Yardi with any Promotional Materials and for Yardi to use and display the Promotional Materials to Users through Hubble On-Demand in accordance with section 4.4;
  4. must use Hubble On-Demand in accordance with these Terms and shall be responsible for any acts and omissions in connection with the use of Hubble On-Demand by Office Providers' Authorized Users;
  5. must terminate an Authorized User's login credentials and right to use Hubble On-Demand (including such Authorized User's access to the Dashboard) if the Authorized User ceases his or her employment or other contractual relationship with Office Provider;
  6. must notify Yardi in writing if there are any changes to any of Office Providers' contact details as set out in the Signup Form;
  7. are solely responsible for procuring and maintaining Office Providers' network connections and telecommunications links from Office Providers' systems for use Hubble On-Demand; and
  8. must not, nor allow any Authorized Users or other persons to, do any of the following:
    1. access, store, distribute, or transmit any Virus in connection with Office Providers use of Hubble On-Demand;
    2. use Hubble On-Demand to access, store, distribute, or transmit any material that is unlawful, harmful, threatening, defamatory, inflammatory, violent, obscene, infringing, harassing, or racially or ethnically offensive;
    3. use Hubble On-Demand in a manner that is illegal or causes damage or injury to any person or property;
    4. use any automated system including, without limitation, 'robots,' 'spiders,' or 'offline readers' to access the Dashboard or otherwise use Hubble On-Demand in a manner that sends more request messages to Yardi than a human can reasonably produce in the same time period by using a conventional online web browser;
    5. attempt to interfere with, or compromise, the integrity or security of Hubble On-Demand;
    and Yardi reserves the right, without liability or prejudice to its other rights under these Terms, to disable access to all or any part of Hubble On-Demand by any Authorized User, for any breach of any provision of this section 6.1.8.
2. Office Providers acknowledge and agree that Yardi may monitor Office Providers,' and Authorized Users,' use of Hubble On-Demand to ensure the quality of, and improve, Hubble On-Demand, and verify Office Providers,' and Authorized Users,' compliance with these Terms.
3. Office Providers grant Yardi the permission and right to cross-market to Office Providers from and among Yardi and Yardi's Affiliates.
7. INTELLECTUAL PROPERTY RIGHTS
1. Except for the limited access and use rights expressly set forth in these Terms, Yardi does not grant Office Providers any rights or licenses to any part of Hubble On-Demand.
2. Office Providers must not:
  1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of Hubble On-Demand in any form or media or by any means;
  2. attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of Hubble On-Demand; or
  3. access all or any part of Hubble On-Demand to build a product or service which competes with Hubble On-Demand, or use or attempt to use Hubble On-Demand to compete directly with Yardi or Yardi's Affiliates.
3. Yardi may use Office Providers' names, logos, and related trademarks in connection with promotion of the Workplace Facilities through Hubble On-Demand and in any of Yardi's publicity or marketing materials (whether in printed or electronic form) for the purpose of highlighting that Office Providers use Hubble On-Demand and alongside any testimonials that Office Providers have agreed to provide. Office Providers grant Yardi such rights as are necessary to use Office Providers' names, logos, related trademarks, and testimonials for the purpose of this section 7.3.
4. Office Providers agree to provide, upon Yardi's reasonable request, regular feedback to Yardi in relation to Office Providers' use of Hubble On-Demand. By submitting feedback, Office Providers acknowledge and agree that Yardi may use, and allow others to use, Office Providers' feedback in Hubble On-Demand, or otherwise, without any restriction, and without payment of any kind to Office Providers.
5. As between Office Providers and Yardi, all intellectual property rights in and to Hubble On-Demand, and any content made available through Hubble On-Demand (including any content, text, graphics, software, photographs and other images, videos, sound, trademarks, and logos), are owned by Yardi. Yardi gives Office Providers permission to use these materials and content for the sole purpose of using Hubble On-Demand in accord with these Terms.
6. Office Providers' rights to use Hubble On-Demand are personal to each Office Provider, and Office Providers are not allowed to give those rights to any other person. Office Providers' rights to use Hubble On-Demand are non-exclusive and do not prevent Yardi from licensing the right to use Hubble On-Demand to other persons.
  
  Nothing in these Terms gives Office Providers any rights with respect to any Yardi intellectual property except the use right granted by these Terms, and Office Providers acknowledge that Office Providers do not acquire any ownership rights by downloading content from Hubble On-Demand. If Office Providers print, copy, store, or otherwise reproduce pages from Hubble On-Demand (solely as permitted by these Terms), Office Providers must ensure that any copyright, trademark, or other intellectual property right notices contained in the original content are reproduced.
8. DATA PROTECTION; PRIVACY
1. Yardi may process Office Provider Data in connection with developing, testing, improving, and altering the functionality of Hubble On-Demand, and producing anonymized, or anonymized and aggregated, statistical reports and research. Office Providers hereby grant Yardi a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and fully sub-licensable right and license to use, access, download, use, reproduce, modify, adapt, publish, distribute, display, translate, copy, and make derivative works from Office Provider Data (in whole or in part) for the purpose of providing Hubble On-Demand and as otherwise set out in this section 8.1. Office Providers waive any moral rights Office Providers may have in, or to be identified as the author of, such Office Provider Data.
2. Office Providers represent and warrant to Yardi that Office Providers have all necessary right, title, interest, and consent, in and to Office Provider Data in each case as necessary to grant the license granted in section 8.1 and allow Yardi to use Office Provider Data in accordance with these Terms.
3. Office Providers shall maintain a backup of Office Provider Data and save Office Provider Data separate from Hubble On-Demand. Yardi shall not be responsible or liable for the deletion, correction, alteration, destruction, damage, loss, disclosure, or failure to separately store any Office Provider Data.
4. Please see Yardi's Privacy Statement posted at https://resources.yardi.com/legal/hubble/privacy-statement/ to understand how Yardi collects, uses, and shares information that relates to Office Providers.
9. CONFIDENTIAL INFORMATION
1. Each party may be given access to Confidential Information from the other party to exercise the party's rights, or perform the party's obligations, under these Terms. A party's Confidential Information shall be deemed not to include information that the receiving party can evidence:
  1. is or becomes publicly known other than through any act or omission of the receiving party;
  2. was in the other party's lawful possession before the disclosure;
  3. is lawfully disclosed to the receiving party by a third party under no restriction on such disclosure;
  4. is independently developed by the receiving party; or
  5. is required to be disclosed by law, by any court of competent jurisdiction, or by any regulatory or administrative body with jurisdiction over the matter.
2. Each party shall hold the other party's Confidential Information in confidence and, unless required by law, shall not use the other party's Confidential Information for any purpose other than as expressly permitted by these Terms.
3. Each party shall take all commercially reasonable measures to protect the other party's Confidential Information to which it has access from unauthorized disclosure, distribution in violation of these Terms.
4. Each party shall take a backup of its own Confidential Information, and shall not be responsible to the other party for any Confidential Information loss, destruction, or alteration.
10. PAYMENT
1. Yardi shall collect Booking Payments and, by extension, the Aggregate Office Provider Payment (plus, in both cases, and where required, applicable Taxes) from Users with respect to the Completed Bookings. Office Providers agree that Aggregate Office Provider Payments, Booking Payments, Booking Service Fees, Yardi Referral Service Fees, and/or any other service fees due from Office Provider to Yardi under these Terms are all exclusive of applicable Taxes.
2. With respect to Completed Bookings, Office Providers agree to pay the Booking Service Fees, plus applicable Taxes.
3. Office Providers represent and warrant that Office Providers shall not, at any time during the Term, make the Workplace Facilities available at a price lower than the List Price or otherwise on conditions more favorable than the conditions on which Office Providers make Workplace Facilities available to Users through Hubble On-Demand.
4. Yardi may make the Workplace Facilities available to Users at prices similar to the List Price but reserves the right to vary the price payable by Users.
5. For purposes of establishing the Aggregate Office Provider Payment payable to Office Providers, and the balance due to Yardi, the parties agree that:
  1. Yardi will provide, no later than the tenth business day of each calendar month, in relation to the appropriate legal entity (as identified by Office Providers on a Signup Form, or otherwise) for each building for which there was a Completed Booking for a Workplace Facility, a statement setting out:
    1. the number of Completed Bookings fulfilled in the previous calendar month at each Workplace Facility and the relevant legal entity;
    2. the Workplace Facilities to which the Completed Bookings relate;
    3. the Aggregate Office Provider Payment payable to Office Provider in respect of those Completed Bookings; and
    4. the Booking Service Fee due to Yardi in respect of those Completed Bookings; and
    5. applicable Taxes;
  2. Yardi shall, no later than one month from the end of the calendar month following the calendar month in which Yardi receives an invoice requesting payment, remit to the Office Provider's designated bank account the Aggregate Office Provider Payment as identified in the monthly statement provided in accord with section 10.5.1. Unless Office Provider provides Yardi with an invoice, Yardi will be unable to remit funds;
6. Office Provider confirms that Workplace Facilities provided by Office Provider under these Terms do not constitute a supply by Office Provider to Yardi of land or land-related services for Taxes purposes. On this basis, the parties agree that the place of supply of the Workplace Facilities, for Taxes purposes, is the location of the building in which the Workplace Facilities are located.
7. If, within 3 months of a Completed Booking, a Successful Referral occurs, Office Provider shall:
  1. promptly notify Yardi;
  2. promptly provide information reasonably requested for billing purposes including, without limitation, the legal entity, business address, and tax registration information for the legal entity (if not already provided), and a copy of the Space Agreement entered into between the Office Provider and corresponding User; and
  3. pay the Yardi Referral Service Fee, and any applicable Taxes, to Yardi within 14 days of Office Provider's receipt of Yardi's invoice.
8. All amounts stated or referred to in these Terms:
  1. are payable in US$, or such other currency as to which the parties may otherwise expressly agree; and
  2. are exclusive of applicable Taxes.
11. AVAILABILITY AND SUPPORT
1. Yardi will, to the extent that it provides access to the Dashboard for Office Providers in accord with section 5.1, use commercially reasonable efforts to make such Dashboard available except for:
  1. planned maintenance; and
  2. unscheduled maintenance during normal business hours (US Eastern time), or otherwise, for which Yardi will use commercially reasonable efforts to notify Office Providers in advance.
2. Yardi will use commercially reasonable efforts to: (i) make Hubble-On Demand available; and (ii) provide support for Office Providers' use of Hubble On-Demand appropriate to the nature of the issues requiring support.
3. Office Providers must provide all assistance, reasonably requested and required by Yardi, for Yardi to perform its obligations under this section 11 (Availability and Support) including, without limitation, providing reasonably detailed descriptions of issues and updates on the performance of Hubble On-Demand.
12. TERMINATION
1. Without prejudice to any other rights and remedies available to it, either party may terminate these Terms at any time with immediate effect upon giving notice in writing to the other party, if that other party:
  1. is in material or persistent breach of any of these Terms and either that breach is incapable of cure, or, if capable of cure, the other party fails to cure the breach within the greater of: (i) a reasonable time (given the nature and circumstances of the breach); or (ii) 30 days; after receiving written notice requiring cure of the breach; or
  2. becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (other than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator, or similar officer appointed over all, or any substantial portion, of its assets, or enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.
2. On termination of these Terms for any reason:
  1. all rights and licenses granted under these Terms shall immediately terminate and Office Providers' right to access and use, and grant Authorized Users the right to access and use, Hubble On-Demand will end; and
  2. each party shall return to the other party or (at the other party's request) destroy, and make no further use of, any Confidential Information (and all copies thereof) belonging to the other party (provided that each party may retain documents and materials containing Confidential Information to the extent required by law or any applicable governmental or regulatory authority).
3. Yardi will, at its option, provide Office Providers with a copy of any Office Provider Data if the terminating Office Provider requests their Office Provider Data within 14 days after the expiry or termination of these Terms. Yardi may thereafter:
  1. delete any Office Provider Data at any time; and/or
  2. retain Office Provider Data upon expiry or termination of these Terms: (i) to comply with applicable law; (ii) as Yardi may reasonably deem necessary to prosecute or defend any legal claim (in which case Yardi may retain Office Provider Data for a reasonable time period pending resolution of such obligation or issue); and (iii) to exercise the licenses and rights granted by section 8.1 and section 16.7 of these Terms.
4. Termination of these Terms for whatever reason shall not affect any rights or remedies of the parties that have accrued up to the date of termination.
5. Any provision of these Terms that expressly, or by implication, is intended to come into force or continue in force on or after expiry or termination of these Terms shall survive and continue in full force and effect.
13. LIMITED WARRANTY
1. Yardi undertakes to make Hubble On-Demand available in accord with section 11.1, and Office Providers' sole and exclusive remedy, and Yardi's sole liability, with respect to any Yardi failure to make Hubble On-Demand available in accord with section 11.1 is for Yardi to use commercially reasonable efforts to repair the affected part of Hubble On-Demand so that Hubble On-Demand is available in accordance with section 11.1.
2. Other than as provided in section 13.1, Hubble On-Demand is provided on an 'AS IS' basis and Yardi provides no representations, warranties, or other terms of any kind with respect to Hubble On-Demand and, to the fullest extent permitted by applicable law, disclaims all express, implied, and statutory warranties including (without limitation) any warranties of satisfaction, quality, merchantability, fitness for a particular purpose, or non-infringement.
3. Except as expressly provided in these Terms:
  1. all representations, warranties, conditions, and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms; and
  2. Yardi will not be responsible for any interruptions, delays, failures, or non-availability affecting Hubble On-Demand or the performance of Hubble On-Demand which are caused by third party services, errors or bugs in third party software, hardware, or the Internet on which Yardi relies to provide Hubble On-Demand, or any changes to Hubble On-Demand made by Office Providers or on Office Providers' behalf, and Office Providers acknowledge that Yardi does not control such third party services and that such errors and bugs are inherent in the use of such software, hardware, and the Internet.
14. LIABILITY AND INDEMNITY
1. Nothing in these Terms shall limit or exclude a party's liability:
  1. for gross negligence or willful misconduct; or
  2. for any other liability that may not be limited or excluded as a matter of applicable law.
2. SUBJECT ONLY TO SECTION 14.1, ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YARDI BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF YARDI HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING FROM OR IN CONNECTION WITH THESE TERMS.
3. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, AND SUBJECT TO SECTION 14.2, ALL OFFICE PROVIDERS AGREE THAT IN THE EVENT OF ANY CLAIM OR CAUSE OF ACTION BY OFFICE PROVIDERS ARISING OUT OF OR CONNECTED WITH THESE TERMS, YARDI'S MAXIMUM LIABILITY TO A OFFICE PROVIDER, REGARDLESS OF THE AMOUNT OF LOSS THE OFFICE PROVIDER MAY HAVE SUFFERED, SHALL BE LIMITED TO, AND NOT EXCEED, THE BOOKING SERVICE FEES PAID BY THE RELEVANT OFFICE PROVIDER TO YARDI PURSUANT TO THESE TERMS WITHIN THE YEAR PRIOR TO THE EVENT (OR FIRST OCCURRENCE OF A SERIES OF EVENTS) GIVING RISE TO THE LIABILITY.
4. OFFICE PROVIDERS SHALL DEFEND, INDEMNIFY AND HOLD YARDI, YARDI'S AFFILIATES, AND YARDI'S AND YARDI'S AFFILIATES' EMPLOYEES, AGENTS, OFFICERS, AND CONTRACTORS, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, LIABILITIES OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING OUT OF, OR RELATED TO, A CLAIM BROUGHT BY A USER OR A RELATED PERSON WITH RESPECT TO OFFICE PROVIDERS' WORKPLACE FACILITIES INCLUDING, WITHOUT LIMITATION, ANY ALLEGATION THAT:
  1. ANY WORKPLACE FACILITIES DO NOT REASONABLY CONFORM TO THE PROMOTIONAL MATERIALS; OR
  2. ANY WORKPLACE FACILITIES ARE OTHERWISE MISDESCRIBED, UNSAFE, OR NOT FIT FOR THEIR INTENDED PURPOSE.
5. Yardi may, from time to time, with or without prior notice, temporarily suspend the Hubble On-Demand operation (in whole or in part) for repair or maintenance work, or to update or upgrade any contents, features, or functionality. In addition, due to the nature of the Internet and technology, Hubble On-Demand is provided on an 'as available' and 'as-is' basis. This means that Yardi is not promising that Office Providers' use of Hubble On-Demand will be uninterrupted, without delays, error-free or meet Office Providers' expectations. Yardi does not give, and disclaims, any commitment or warranty relating to Hubble On-Demand performance or availability and, to the fullest extent permitted by applicable law, Yardi excludes any commitments that may be implied by law.
6. While Yardi tries to make sure that all information provided through Hubble On-Demand (other than Office Provider Data) is accurate, Yardi makes no representation or warranty of any kind in that regard, and is not an authority or advisor in that regard on which reliance should be placed. Office Providers should check the relevant information source before acting on any such information. In addition, Yardi is not responsible for Office Provider Data or third party content in any way. Office Providers agree that use of any content made available on Hubble On-Demand is on an 'as is' and 'as available' basis and at Office Providers' sole risk.
7. Yardi uses industry standard anti-Virus technology for Hubble On-Demand, but cannot and does not guarantee that any content on Hubble On-Demand will be free from Viruses. It is Office Providers' responsibility to implement appropriate IT security safeguards (including anti-Virus and other security checks) to satisfy Office Providers' particular requirements as to content safety and reliability.
15. CHANGES TO HUBBLE ON-DEMAND OR THESE TERMS
1. Office Providers acknowledge that Yardi is always innovating and finding ways to improve Hubble On-Demand with new features and services. Office Providers therefore agree that Hubble On-Demand may change from time to time and no warranty, representation, or other commitment is given in relation to the continuity of any functionality of Hubble On-Demand.
2. Yardi may amend these Terms upon giving Office Providers at least 30 days' notice in writing, such amendments to take effect from the date following the expiry of such 30-day notice period. If Office Providers are unhappy with any amendment to these Terms, Office Providers may give notice to terminate these Terms by providing at least 15 days' prior written notice to Yardi.
16. GENERAL
1. Applicable laws may require that some of the information or communications that Yardi sends to Office Providers be in writing. When using Hubble On-Demand, Office Providers accept that communication with Yardi will mainly be electronic, including email. For purposes of contracting and these Terms, Office Providers agree to this electronic means of communication, and acknowledge and agree that all contracts, notices, information, documents, and other communications between Yardi and Office Providers electronically comply with any legal requirement that such communications be in writing.
2. All notices given by Office Providers to Yardi must be submitted to help@hubblehq.com. Yardi may give notice to Office Providers using the contact details set out in the Signup Form (as may be updated by Office Providers from time to time upon notice to Yardi). Notice will be deemed received and properly served 24 hours after an e-mail is sent, or five business days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the U.S. mail and, in the case of an e-mail that such e-mail was sent to the addressee's specified e-mail address.
3. Office Providers may not assign, or otherwise transfer, these Terms, or any of Office Providers' rights or obligations arising under these Terms, without Yardi's prior, express, written consent.
4. Neither party shall be liable to the other party for any delay or non-performance of any of its obligations under these Terms (except for Office Providers' obligation to notify pursuant to section 4.3.7.3 of these Terms) arising from a Force Majeure Event.
5. Other than as expressly stated in these Terms, a person who is not a party to these Terms may not enforce any of its terms.
6. These Terms, along with the Signup Form, constitute the entire agreement between the parties with respect to their subject matter, and supersede and extinguish all prior agreements, promises, assurances, warranties, representations, and understandings between the parties, whether written or oral, relating to the subject matter of these Terms and the Signup Form. No party has been induced to enter into the Signup Form or these Terms by, nor is any party relying on, any representation or warranty except those inducements, representations and warranties expressly set forth in the Signup Form and/or these Terms.
7. Yardi may aggregate, compile, and use data from Hubble On-Demand to improve, develop, or enhance Hubble On-Demand and/or other services offered, or to be offered, by Yardi; provided. however, that no data so aggregated, complied and used is identifiable as originating from, or can be traced back to, Office Providers or Office Providers' customers, tenants, or residents, in such compiled and aggregated form.
8. In accord with Yardi's obligations to credit bureaus, credit reporting agencies, and including Yardi's obligation to help prevent and detect potentially fraudulent and/or suspicious activity, Office Providers acknowledge and agree that Yardi may conduct random as well as regular monitoring of users' access to, and use of, Hubble On-Demand as they relate to these Terms in order to validate that users are accessing and using Hubble On-Demand for legitimate purposes and in accord these Terms. Additionally, pursuant to any obligations Yardi has, or may have, under any laws or regulations concerning the prevention of identity theft, financial fraud, money laundering, terrorist financing, etc., Office Providers agree to comply with any standard Yardi 'know-your-client' requirements, processes, and/or procedures.
9. Nothing in these Terms is intended, or shall be deemed, to, establish any partnership or joint venture between the parties, shall constitute agency between one party and the other party, or authorize a party to make or enter into any commitments for or on behalf of the other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
10. The waiver of a party's breach of these Terms shall not operate or be construed as a waiver of any other or subsequent breach of these Terms.
11. These Terms may not be varied except with Yardi's consent.
12. If any provision of these Terms is found by a court or other body of competent jurisdiction to be unenforceable, all other provisions of these Terms shall remain enforceable.
13. These Terms shall be governed and determined by the laws of the United States and the State of California as such laws are applied to agreements made and performed entirely within the State of California between California residents. Any action or proceeding related to or arising out of this Agreement shall be resolved only in a court of competent jurisdiction in the City of Santa Barbara, State of California (or the court of competent jurisdiction closest to Santa Barbara, CA if no court of competent jurisdiction resides in Santa Barbara, CA), and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere.
17. Terms Applicability
1. These Terms govern the relationship between Yardi and Office Providers. These Terms do not govern the relationship between Yardi and Users, which shall be the subject of separate Hubble On-Demand User Terms between Yardi and Users.
2. HUBBLE ON-DEMAND IS AN ONLINE PLATFORM THROUGH WHICH OFFICE PROVIDERS MAY PROVIDE WORKPLACE FACILITIES TO USERS, AND USERS MAY SEARCH FOR, RESERVE AND PAY FOR USE OF WORKPLACE FACILITIES. USERS UNDERSTAND AND AGREE THAT YARDI IS NOT A PARTY TO THE PROVISION OF WORKPLACE FACILITIES BETWEEN OFFICE PROVIDERS AND USERS, AND YARDI IS NOT A REAL ESTATE BROKER, AGENT, OR INSURER. YARDI HAS NO CONTROL OVER THE CONDUCT OF OFFICE PROVIDERS AND USERS ON HUBBLE ON-DEMAND OR WITH RESPECT TO ANY WORKPLACE FACILITIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NO PORTION OF FEES PAID AS BETWEEN USERS AND/OR OFFICE PROVIDERS, ON THE ONE HAND, AND YARDI, ON THE OTHER HAND, WILL BE DEEMED TO BE COMPENSATION FOR ANYTHING OTHER THAN THE PROVISION OF HUBBLE ON-DEMAND.
18. Contacting Yardi
1. Please submit any questions about these Terms, or any complaint or concern in relation to Hubble On-Demand, by email to help@hubblehq.com or write to Yardi at: Yardi Systems, Inc., Attn: Hubble On-Demand Support, 430 S Fairview Avenue, Goleta, CA, 93117.

Office Space

On-Demand

USA

Canada

Mexico

Worldwide

Cities

States

NYC Boroughs

Manhattan Areas

Workspace strategy

Private office search resources

Search office space

Private offices

Search on-demand workspace

Coworking spaces

Meeting rooms

Day offices

Yardi Hubble On-Demand Terms of Use for Office Providers (these "Terms")