This Service Level Agreement ("SLA" or "Agreement") is entered into between the customer identified in the subscription order ("Customer") and Tetherball.Pro LLC, doing business as SubHub.Pro ("SubHub.Pro," "Service Provider," "we," "us," or "our") for the provision and use of the SubHub.Pro application software.
Legal Entity: Tetherball.Pro LLC DBA: SubHub.Pro Address: 5016 Centennial Blvd. Suite 200 Nashville, TN, US 37209 Email: subhub@tetherball.pro
By completing the subscription purchase, clicking "I Accept," or using the SubHub.Pro software, Customer acknowledges that they have read, understood, and agree to be bound by the terms of this SLA.
2. Definitions
Agreement: This Service Level Agreement and all incorporated documents.
Beta Software: The pre-release version of the SubHub.Pro application provided to customers at a discounted rate during the public beta period.
Business Hours: 9:00 AM to 5:00 PM Central Time, Monday through Friday, excluding U.S. federal holidays.
Customer: The individual, school, district, or entity that has purchased a subscription to use the SubHub.Pro software.
Customer Data: All data, content, and information provided, uploaded, or generated by Customer through use of the Service.
Downtime: Any period during which the core functionality of the SubHub.Pro application is unavailable to Customer due to Service Provider system failures, excluding Scheduled Maintenance and Excused Downtime.
Excused Downtime: Downtime resulting from Force Majeure events, Customer's equipment or connectivity issues, or actions taken by Customer that cause service unavailability.
Force Majeure: Events beyond Service Provider's reasonable control, including but not limited to natural disasters, acts of war, terrorism, labor disputes, government actions, pandemics, or failures of third-party infrastructure providers.
Scheduled Maintenance: Pre-announced maintenance windows communicated at least 48 hours in advance.
Service: The SubHub.Pro software application and related support services.
Subscription Period: The annual period for which Customer has paid for access to the Service.
Uptime: The percentage of time the Service is available and operational, calculated as: (Total Time - Downtime) / Total Time × 100.
3. Purpose and Scope
3.1 Purpose
This SLA establishes the service commitments, performance standards, support terms, and responsibilities for both parties during Customer's use of the SubHub.Pro software.
3.2 Beta Status
The SubHub.Pro application is currently in public beta testing. This beta period allows us to:
Gather user feedback to improve the product
Identify and resolve bugs and performance issues
Refine features before general availability release
Beta Period End: The beta period will conclude when Service Provider issues a general availability (GA) release announcement. Service Provider will provide at least 60 days' notice before transitioning from beta to general availability.
Post-Beta Transition: Upon conclusion of the beta period:
Customers will be notified of any pricing changes at least 90 days in advance
Current beta subscribers will receive the option to renew at a discounted rate
A new SLA will be provided reflecting general availability terms, with an option to terminate if Customer does not accept the new terms
4. Service Scope and Availability
4.1 Service Availability
Subject to the terms of this Agreement, Service Provider will make the SubHub.Pro application available 24 hours per day, 7 days per week, except during Scheduled Maintenance and Excused Downtime.
4.2 Scheduled Maintenance
Maintenance Window: 2:00 AM - 6:00 AM Central Time
Frequency: No more than twice per month for routine maintenance
Notification: Service Provider will provide at least 48 hours' advance notice via email and in-app notification for all scheduled maintenance
Emergency Maintenance: May be performed without advance notice when necessary to maintain security or prevent service degradation. Service Provider will notify Customers as soon as reasonably possible.
4.3 Uptime Commitment
Service Provider commits to a 99.5% uptime during each calendar month, excluding Scheduled Maintenance and Excused Downtime.
Support is provided during Business Hours (9:00 AM - 5:00 PM CT, Monday-Friday, excluding federal holidays).
5.3 Response Time Commitments
Severity LevelDefinitionResponse TimeResolution TargetCritical (P1)Service is completely unavailable or core functionality is severely impaired affecting all users4 hours24 business hoursHigh (P2)Significant functionality is impaired or unavailable affecting multiple users8 hours24 business hoursMedium (P3)Minor functionality issues or questions affecting limited users8 hours3 business daysLow (P4)General questions, feature requests, or cosmetic issues24 hoursBest effort
Response Time = Time from ticket submission to first meaningful response from support team. Resolution Target = Goal for providing a solution or workaround; actual resolution time may vary based on issue complexity.
5.4 Support Limitations During Beta
As beta software, support is provided on a "best effort" basis. Service Provider will make reasonable efforts to resolve issues but does not guarantee resolution of all reported problems during the beta period.
6. Customer Responsibilities
6.1 Feedback and Cooperation
Customers are strongly encouraged to:
Provide feedback on software functionality, bugs, and user experience
Participate in optional surveys or feedback sessions
Report bugs or issues promptly through online support form
6.2 Acceptable Use
Customer agrees to:
Use the Service in compliance with all applicable laws and regulations
Maintain the security and confidentiality of Customer login credentials
Not attempt to reverse engineer, decompile, or hack the Service
Not use the Service for any unlawful, harmful, or fraudulent purpose
Not overload or attempt to disrupt Service infrastructure
Ensure that all users within Customer's organization comply with this Agreement
6.3 System Requirements
Customer is responsible for:
Maintaining compatible hardware and software to access the Service
Ensuring adequate internet connectivity
Using supported browsers (current and previous versions of Chrome, Firefox, Safari, Edge)
Providing accurate contact information for service notifications
6.4 Data Accuracy and Backup
Customer acknowledges and agrees that:
Customer is solely responsible for the accuracy and completeness of all Customer Data
Customer should maintain independent backup records of critical information
Service Provider provides system backups for disaster recovery purposes only, not as a substitute for Customer's own record-keeping
6.5 Confidentiality Obligations
Customer agrees to:
Maintain the confidential nature of any beta features, roadmap information, or proprietary details about the Service that are not publicly available
Not disclose screenshots, performance data, or non-public features to third parties without written consent from Service Provider
Not make public statements disparaging the Service during the beta period without first allowing Service Provider an opportunity to address concerns
Exceptions: Customer may disclose information: (a) as required by law; (b) to Customer's employees, contractors, or advisors who need to know and are bound by confidentiality obligations; (c) information that becomes publicly available through no fault of Customer.
7. Service Provider Responsibilities
7.1 Service Delivery
Service Provider will:
Make reasonable efforts to maintain the Service in accordance with this SLA
Provide access to the Service 24/7 except during Scheduled Maintenance
Implement reasonable security measures to protect Customer Data
Make reasonable efforts to process support requests in accordance with the response times outlined in Section 5.3
7.2 Software Maintenance and Updates
Service Provider will:
Perform regular maintenance to ensure optimal Service performance
Provide bug fixes, security patches, and updates as needed
Deploy new features and improvements during the beta period
Not make changes that significantly diminish core functionality without notice
7.3 Communication
Service Provider commits to:
Notify Customers at least 48 hours before Scheduled Maintenance
Communicate service disruptions, security incidents, or major changes via email to the primary contact on record
Provide status updates on Critical (P1) incidents at least every 8 hours until resolved
7.4 Data Security and Privacy
Service Provider will:
Implement industry-standard security measures
Maintain administrative, physical, and technical safeguards to protect Customer Data
Conduct periodic automated backups of Customer Data
Not access Customer Data except: (a) to provide the Service; (b) to prevent or address service or technical problems; (c) as required by law; (d) with Customer's permission
7.5 Data Breach Notification
In the event of a security breach that compromises Customer Data, Service Provider will:
Notify affected Customers within 72 hours of discovering the breach
Provide details about the nature of the breach, data affected, and remediation steps taken
Cooperate with Customer's investigation and provide reasonable assistance
Take immediate steps to remediate the vulnerability
7.6 Backup and Disaster Recovery
Service Provider maintains:
Periodic automated backups of all Customer Data
Disaster recovery procedures designed to restore service within 24 hours of a catastrophic failure
8. Data Ownership, Privacy, and Compliance
8.1 Data Ownership
Customer retains all rights, title, and interest in and to Customer Data. Service Provider claims no ownership rights over Customer Data.
8.2 Data Use by Service Provider
Service Provider may use Customer Data only to:
Provide, maintain, and improve the Service
Generate anonymized, aggregated analytics and statistics (with all identifying information removed)
Comply with legal obligations
8.4 Data Retention
Active Accounts: Customer Data is retained for the duration of the active subscription
Terminated Accounts: Customer Data is retained for 30 days after subscription termination, then permanently deleted unless Customer requests earlier deletion
Backup Retention: Data may persist in backup systems for up to 90 days after deletion
9. Limitations of Use and Liability Disclaimers
9.1 Not a System of Record
IMPORTANT: The SubHub.Pro application is NOT intended to serve as the official system of record for:
Employee Paid Time Off (PTO) or leave balances
Payroll calculations
Legal compliance documentation
Official personnel records
Customers MUST maintain independent, authoritative records for all employment-related information in their official human resources information system (HRIS) or payroll system. The SubHub.Pro application is a scheduling and coordination tool only.
9.2 Beta Software Disclaimer
Customer acknowledges that:
The Service is beta software and may contain bugs, errors, or defects
Features may change, be removed, or function differently than expected
The Service may not meet all of Customer's requirements
Service Provider makes no guarantees about the future feature set or direction of the product
9.3 Not for Critical Operations
Customer agrees not to use the Service for:
Life-safety or emergency response systems
Medical or healthcare treatment decisions
Financial trading or banking transactions
Nuclear facilities, aircraft navigation, or other ultra-hazardous activities
Any application where failure could result in death, personal injury, or environmental damage
10. Warranties and Disclaimers
10.1 Limited Warranty
Service Provider warrants that:
The Service will perform substantially in accordance with its documentation
Service Provider will deliver the Service using commercially reasonable skill and care
Service Provider has the right to provide the Service to Customer
10.2 Beta Software Disclaimer
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS DURING THE BETA PERIOD. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Service Provider does not warrant that:
The Service will be uninterrupted, error-free, or completely secure
All bugs or errors will be corrected
The Service will meet Customer's specific requirements
Data or results obtained from the Service will be accurate or reliable
10.3 Third-Party Services
The Service may integrate with or rely on third-party services. Service Provider is not responsible for the availability, functionality, or security of third-party services.
11. Limitation of Liability
11.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICE PROVIDER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO SERVICE PROVIDER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
11.2 Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
Loss of profits, revenue, data, or business opportunities
Business interruption
Loss of goodwill or reputation
Cost of substitute services
Damages arising from reliance on the Service
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 Liability Exceptions
The limitations in this Section 11 do not apply to:
Service Provider's gross negligence or willful misconduct
Death or personal injury caused by Service Provider's negligence
Service Provider's breach of confidentiality obligations under Section 12
Service Provider's indemnification obligations under Section 13
Violations of law that cannot be contractually limited
Fraud or fraudulent misrepresentation
11.4 Essential Purpose
Customer acknowledges that the limitations in this Section 11 are essential elements of the bargain between the parties, and that Service Provider would not provide the Service without these limitations.
12. Confidential Information
12.1 Mutual Confidentiality
Each party ("Receiving Party") agrees to protect the confidential information of the other party ("Disclosing Party") with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.
12.2 Definition
"Confidential Information" includes:
For Customer: Customer Data, Customer's business information, and any information marked as confidential
For Service Provider: Non-public features, technical architecture, roadmaps, pricing strategies, and proprietary methodologies
Any information that reasonably should be understood as confidential given the nature of the information and circumstances of disclosure
12.3 Exclusions
Confidential Information does not include information that:
Is or becomes publicly available through no breach by Receiving Party
Was rightfully known to Receiving Party without confidentiality restrictions before disclosure
Is independently developed by Receiving Party without use of Confidential Information
Is rightfully received from a third party without confidentiality restrictions
12.4 Permitted Disclosures
Receiving Party may disclose Confidential Information:
To employees, contractors, and advisors who need to know and are bound by confidentiality obligations
As required by law, regulation, or court order (with prompt notice to Disclosing Party unless prohibited by law)
12.5 Duration
Confidentiality obligations survive for 3 years after termination of this Agreement, except for trade secrets which remain protected indefinitely.
13. Indemnification
13.1 Service Provider Indemnification
Service Provider agrees to defend, indemnify, and hold harmless Customer from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:
Service Provider's breach of its obligations under this Agreement
Service Provider's violation of applicable laws
Claims that the Service infringes a third party's intellectual property rights
Exceptions: This indemnity does not apply to claims arising from:
Customer's modification of the Service
Customer's combination of the Service with other products
Customer's breach of this Agreement
Use of the Service after Service Provider notifies Customer to discontinue use due to an infringement claim
13.2 Customer Indemnification
Customer agrees to defend, indemnify, and hold harmless Service Provider from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:
Customer Data or Customer's use of the Service
Customer's breach of this Agreement
Customer's violation of applicable laws or third-party rights
13.3 Indemnification Procedures
The indemnified party must:
Promptly notify the indemnifying party in writing of the claim
Grant the indemnifying party sole control of the defense and settlement
Reasonably cooperate with the defense at the indemnifying party's expense
The indemnifying party may not settle any claim in a manner that admits liability on behalf of the indemnified party or imposes obligations on the indemnified party without the indemnified party's prior written consent.
14. Term and Termination
14.1 Term
This Agreement begins on the date Customer first accepts these terms and continues for the duration of the Subscription Period, unless terminated earlier in accordance with this Section 14.
14.2 Renewal
Subscriptions automatically renew for successive one-year periods unless either party provides written notice of non-renewal at least 30 days before the end of the then-current Subscription Period.
14.3 Termination by Customer
Customer may terminate this Agreement:
For convenience: At any time by providing 30 days' written notice to Service Provider. No refund will be provided for prepaid but unused portions of the Subscription Period.
For cause: Immediately upon written notice if Service Provider materially breaches this Agreement and fails to cure within 30 days of receiving written notice of the breach. Customer will receive a pro-rata refund of prepaid fees for the unused portion of the Subscription Period.
Following SLA amendment: Within 30 days of receiving notice of material changes to this SLA, as provided in Section 16.
14.4 Termination by Service Provider
Service Provider may terminate this Agreement:
For convenience: Upon 90 days' written notice to Customer. Customer will receive a pro-rata refund of prepaid fees for the unused portion of the Subscription Period.
For cause: Immediately upon written notice if:
Customer materially breaches this Agreement and fails to cure within 15 days of receiving written notice
Customer's account is 30 days past due (if applicable to payment terms)
Customer engages in fraudulent, illegal, or harmful activities using the Service
Required by law or to comply with a legal process
14.5 Suspension of Service
Service Provider may suspend Customer's access to the Service immediately if:
Customer's actions pose a security risk to the Service or other customers
Customer is using the Service in violation of applicable laws
Suspension is required to maintain the security or stability of the Service
Service Provider will provide notice of suspension when reasonably possible and will work with Customer to resolve the issue.
14.6 Effect of Termination
Upon termination or expiration of this Agreement:
Customer's access to the Service will be discontinued
Customer must immediately cease all use of the Service
All fees owed to Service Provider become immediately due and payable
Customer has 30 days after termination to export all Customer Data using the Service's export functionality
After 30 days, Service Provider may permanently delete all Customer Data
Upon written request during the 30-day period, Service Provider will provide reasonable assistance with data export (additional fees may apply for extensive export requests)
14.8 No Refunds (Except as Specified)
Except as expressly provided in Sections 14.3 and 14.4, all fees paid are non-refundable, including if Customer terminates early or does not fully utilize the Service during the Subscription Period.
15. Force Majeure
15.1 Excuse of Performance
Neither party shall be liable for any failure or delay in performance due to Force Majeure events, including but not limited to:
Labor disputes or strikes (not involving the party's own employees)
Failures of third-party cloud infrastructure or internet backbone providers
15.2 Notification and Mitigation
The affected party must:
Promptly notify the other party of the Force Majeure event
Use commercially reasonable efforts to mitigate the impact
Resume performance as soon as reasonably possible
15.3 Termination for Extended Force Majeure
If a Force Majeure event prevents Service Provider from providing the Service for more than 30 consecutive days, either party may terminate this Agreement upon written notice. Customer will receive a pro-rata refund for prepaid fees covering the period of unavailability.
16. Changes to This SLA
16.1 Review Schedule
Service Provider will review this SLA at least annually and may update it to reflect:
Changes in service capabilities or features
Legal or regulatory requirements
Industry best practices
Transition from beta to general availability
16.2 Notice of Changes
Service Provider will provide at least 60 days' advance written notice of any material changes to this SLA via:
Email to the primary contact on Customer's account
Prominent notice in the Service application
Posting the updated SLA at SubHub.Pro
16.3 Material Changes Defined
Material changes include modifications to:
Service availability commitments
Support response times
Liability limitations (in a manner adverse to Customer)
Pricing structure or fees
Data ownership or privacy terms
Termination rights
16.4 Customer Options
Upon receiving notice of a material change:
Acceptance: Continued use of the Service after the effective date constitutes acceptance of the changes
Rejection: Customer may terminate this Agreement within 30 days of receiving notice without penalty and will receive a pro-rata refund of prepaid fees for the unused portion of the Subscription Period
16.5 Non-Material Changes
Service Provider may make non-material changes (such as clarifications, formatting, or corrections) without advance notice. The current version of this SLA is always available at SubHub.Pro.
17. General Provisions
17.1 Entire Agreement
This Agreement, together with any order forms and the SubHub.Pro Terms of Service, constitutes the entire agreement between the parties regarding the Service and supersedes all prior agreements, understandings, and communications, whether written or oral.
17.2 Governing Law and Venue
This Agreement shall be governed by the laws of the State of Tennessee, without regard to its conflict of laws principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Davidson County Tennessee, and the parties hereby consent to personal jurisdiction and venue therein.
17.3 Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17.4 Waiver
No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term. A party's failure to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision later.
17.5 Assignment
Customer may not assign or transfer this Agreement or any rights hereunder without Service Provider's prior written consent. Service Provider may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets upon notice to Customer. Any attempted assignment in violation of this section is void.
17.6 Relationship of Parties
The parties are independent contractors. This Agreement does not create a partnership, joint venture, agency, or employment relationship between the parties.
17.7 Notices
All notices under this Agreement must be in writing and sent to:
For Service Provider: Tetherball.Pro LLC dba SubHub.Pro 5016 Centennial Blvd. Suite 200 Nashville, TN, US 37209 Email: subhub@tetherball.pro
For Customer: The email address and mailing address provided in Customer's account
Notices are deemed received: (a) upon delivery if delivered personally or by confirmed courier; (b) three business days after mailing if sent by certified mail; or (c) upon confirmation of receipt if sent by email.
17.8 Third-Party Beneficiaries
This Agreement does not confer any rights or remedies upon any person or entity other than the parties and their respective successors and permitted assigns.
17.9 Export Compliance
Customer agrees to comply with all applicable export and import laws and regulations. Customer represents that it is not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.
17.10 Language
This Agreement is executed in English. If this Agreement is translated into any other language, the English version shall control.
18. Acceptance and Acknowledgment
By purchasing a subscription, clicking "I Accept," or using the SubHub.Pro Service, Customer acknowledges that:
Customer has read and understands this entire Service Level Agreement
Customer agrees to be bound by all terms and conditions herein
Customer has authority to enter into this Agreement on behalf of their organization (if applicable)
Customer understands the Service is beta software with the limitations described in this Agreement
Customer understands that SubHub.Pro is not a system of record for employment data
Customer agrees to maintain independent authoritative records as described in Section 9.1
