Last updated: November 01, 2024

Earth Robotics, Inc. (“Microhub,” “we,” “us,” or “our”) provides its services (described below) to you ("Subscriber" or “you”) through its website located at www.microhub.com (the “Site”), its web-based applications, any mobile applications (defined below), and related services, including any new features, applications, versions, and upgrades (collectively, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, these “Terms of Service”). Earth Robotics reserves the right to change or modify portions of these Terms of Service at any time, with or without notice. Amendments will be effective immediately upon posting of the updated Terms on the Site. Continued use of the Services constitutes your consent to be bound by the updated Terms of Service.

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Arbitration Agreement

These Terms of Service require final and binding arbitration to resolve any dispute or claim arising out of or relating in any way to these Terms of Service or the Services, including the validity, applicability, or interpretation of these Terms. You agree that any such dispute will be resolved only on an individual basis and not in a class, consolidated, or representative action.

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1. Access & Use of the Service

Description of Service

The Services are designed to provide residents of buildings who have separately agreed to utilize our Services with scheduled package delivery directly to their door. Delivery windows may vary based on property and location but will typically include at least 8 hours of delivery windows on each weekday and 6 hours on weekends. Available delivery windows may be accessed through the Microhub mobile or web application

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License

Subject to your compliance with these Terms of Service, Earth Robotics grants you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Services solely for your personal, non-commercial purposes.

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Registration Obligations

You may be required to register with Microhub to access and use certain features of the Services. Registration must be completed through www.microhub.com after receiving notification from your property management that you are eligible for the Services. You agree to provide and maintain accurate information. For details on data collection and processing, please refer to our Privacy Policy.

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Member Account, Password, and Security

You are responsible for maintaining the confidentiality of your account information and are responsible for all activities under your account. You agree to notify Microhub of any unauthorized use of your account or breach of security.

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Modifications to Services

Microhub reserves the right to modify or discontinue the Services, temporarily or permanently, with or without notice. You agree that Microhub is not liable for any modification, suspension, or discontinuance of the Services.

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2. Mobile Services

The Services include mobile access options (the “Mobile Services”), including downloading applications to your mobile device. Standard data rates may apply based on your wireless carrier. By using the Mobile Services, you agree that we may communicate with you via SMS, MMS, text message, or other electronic means.

If any application is downloaded from the iTunes App Store, you must comply with the iTunes Terms of Service. Apple is not responsible for the app's content or maintenance.

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3. Conditions of Use

User Conduct

You agree not to use the Services to:

• Interfere with the Services or associated servers.

• Violate any applicable laws.

• Impersonate any person or entity or misrepresent your affiliation.

• Promote any illegal activity.

• Reverse engineer, disassemble, or otherwise attempt to derive source code from the Services.

Microhub complies with all laws and regulations concerning the transportation of Hazardous Materials. Microhub will not accept delivery of hazardous materials, firearms, explosives, or other prohibited items.

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4. Payment

Property management will coordinate applicable fees for Service. Subscription fees, if applicable, may vary based on your building’s arrangement with Microhub.

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5. Fair Use Policy

Microhub enforces a fair use policy to protect service quality. Unlimited delivery plans are subject to reasonable limits and may be adjusted at Microhub's discretion. Users in violation of the Fair Use Policy may be offered alternative plans.

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6. Intellectual Property Rights

Service Content, Software, and Trademarks

The Services contain proprietary content protected by copyright, patent, trademark, and other intellectual property rights. You may not reproduce or modify any content or software within the Services. The Microhub name and logo are trademarks of Earth Robotics. Any unauthorized use is prohibited.

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7. Prohibited Use of Site

Users are forbidden from using, storing, or reproducing Site content for purposes beyond those outlined in these Terms. Unauthorized commercial exploitation of the content is prohibited.

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8. User Content

You retain ownership of any content uploaded through the Services, granting Microhub a non-exclusive, worldwide, royalty-free license to use your content to operate and promote the Service. You agree that any feedback or suggestions provided are non-confidential and become the property of Microhub.

9. Third-Party Websites

The Services may link to third-party sites, which are not controlled by Microhub. We are not responsible for third-party content or practices.

10. Indemnity and Release

You agree to release and indemnify Microhub and Earth Robotics from claims arising out of your use of the Services, including any violation of these Terms.

11. Disclaimer of Warranties

The Services are provided "as-is" and “as-available.” Microhub disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Microhub does not guarantee uninterrupted or error-free services.

12. User Protection Policy

User Protection Policy: Microhub may, at its discretion, refund or credit the value of possessions in the event of a service failure (such as misdelivery). This policy is subject to limitations:

• Refunds are limited to the individual recipient.

• Refunds are capped at $500.

• Requests must be made within 10 calendar days of the delivery date.

Exceptions apply, including in cases where evidence of delivery is provided.

13. Oversized Packages

Packages over 150 lbs or longer than 108 inches are not eligible for delivery. Residents must arrange to pick up such items within 60 days. Palletized shipments are also not accepted.

14. Facility Holding Period Policy

Microhub will hold packages for a minimum of 60 days, with notification reminders sent to schedule delivery or pick-up. Unclaimed items may be donated or disposed of after this period, and no reimbursements are provided.

15. Limitation of Liability

Microhub and Earth Robotics are not liable for indirect or incidental damages related to the Services. Total liability is capped at $500.

16. Arbitration Agreement

All disputes will be resolved through binding arbitration under the laws of [insert applicable jurisdiction, e.g., Miami, Florida].

17. Termination

Microhub may suspend or terminate your account at its discretion for any breach of these Terms. Such termination may be without notice.

18. General

These Terms constitute the full agreement between you and Microhub. They are governed by the laws of the State of [e.g., Florida], with any disputes not subject to arbitration resolved in state or federal courts in Miami, Florida.

Contact Information

For inquiries, please contact Microhub support directly through the app.