HiBOS Terms of Use

1. Using HiBOS

By checking an “I agree” box that links to these Terms, accessing or using the Services, or otherwise accepting these Terms, you agree to follow them.

If you use the Services for a company or other organization, you confirm that you are allowed to use the Services and provide information on its behalf. If you accept these Terms on behalf of the organization, you confirm that you have authority to bind it.

If a proposal, statement of work, order, partner agreement, or other written agreement applies to a specific service, those more specific terms control for that subject. This helps keep these Terms simple while allowing us to tailor a specific engagement when needed.

2. What HiBOS Provides

HiBOS provides assessments, benchmarking, consulting, business improvement, technology, and related services for internet service providers and related businesses. Services may include:

• MyISPScore™ and other assessments or benchmarking tools.
• HiBOS Studies, intake sessions, interviews, and consultations.
• Scores, reports, recommendations, improvement plans, templates, and other deliverables.
• Technology, workflows, implementation support, and other agreed services.

As our work evolves, we may improve, change, add, or discontinue features or Services over time, subject to any separate written agreement that applies.

3. MyISPScore™, Assessments, and Recommendations

Please provide information that is accurate to the best of your knowledge. Scores, benchmarks, findings, and recommendations are based on the information available to us and the methods used at the time.

HiBOS assessments and reports are designed to provide useful business guidance. They are not complete audits or promises of a specific business, financial, operational, or other result.

If more than one person from the same ISP participates, HiBOS may connect those assessments to one company profile for reports, comparisons, and service delivery as described in our Privacy Policy.

4. Working Together

To help us provide useful and reliable work, please:

• Provide information you have the right to share.
• Keep account credentials, report links, and access information secure.
• Review recommendations and deliverables before acting on them.
• Use your own judgment when making business decisions.
• Use the Services in line with applicable law and any reasonable instructions we provide.

Please do not send passwords, payment card numbers, government ID numbers, health information, or subscriber-identifying files unless HiBOS specifically asks for them and provides an approved way to send them.

5. Using the Services Responsibly

To help protect you, other users, and HiBOS, please use the Services only for lawful business purposes. Please do not:

• Use the Services for unlawful, fraudulent, abusive, or misleading activity.
• Interfere with the security, operation, or availability of the Services.
• Try to gain unauthorized access to accounts, systems, data, or restricted areas.
• Copy, scrape, reverse engineer, resell, or redistribute HiBOS software, scoring methods, proprietary tools, or materials except as these Terms or another written agreement allow.
• Remove ownership, copyright, trademark, or confidentiality notices from HiBOS materials.

6. Your Information and HiBOS Materials

Your information and business data remain yours. HiBOS retains ownership of its software, scoring methods, frameworks, processes, templates, content, tools, and other intellectual property.

We want you to be able to use the work we create for your organization. Unless a separate written agreement says otherwise, HiBOS gives you a limited, non-exclusive, non-transferable right to use reports and other deliverables created for you for your organization’s internal business purposes.

Please do not resell, publish, license, or commercially distribute HiBOS proprietary materials without written permission. Nothing in these Terms transfers ownership of HiBOS intellectual property to you.

7. Privacy and Confidentiality

Our Privacy Policy explains how HiBOS collects, uses, shares, keeps, and protects personal information and company-specific business information.

If you have accepted or signed a HiBOS Mutual Non-Disclosure Agreement, that agreement governs confidential information covered by it. A separate client, partner, or data-processing agreement may also apply where appropriate.

8. Third-Party Tools, Vendors, and Recommendations

HiBOS may recommend or connect with third-party tools, vendors, platforms, or service providers. Those third parties control their own products and services, and their own terms and privacy practices may apply.

Because HiBOS does not control third-party products or services, we cannot guarantee their performance, availability, security, or results. You are responsible for deciding whether a third party is appropriate for your business.

HiBOS may have referral, partner, or other commercial relationships with some providers. Where disclosure is required, we will disclose the relevant relationship.

9. Paid Services and Other Agreements

Some HiBOS Services are free, and others are paid. For paid work, the applicable proposal, order, statement of work, or other written agreement will explain the fees, payment terms, scope, timelines, cancellation or refund terms, and deliverables.

These Terms do not replace a separate agreement for a specific paid service. If the documents conflict, the more specific written agreement controls for that subject.

10. Guidance and Results

Our goal is to provide useful business guidance and operational support. Unless we specifically agree otherwise in writing, HiBOS is not acting as your lawyer, accountant, tax adviser, financial adviser, or executive team.

Examples, benchmarks, case studies, forecasts, recommendations, and scenarios are there to help inform your decisions. Actual results depend on many factors outside HiBOS’s control, including your data, decisions, execution, team, customers, market, and third parties.

11. Service Availability

We work to keep the Services useful, accurate, and available. Even so, no service can be perfect or uninterrupted. To the fullest extent allowed by law, the Services and materials are provided “as is” and “as available,” without a promise that every Service will be error-free, complete, uninterrupted, or suitable for every purpose.

Nothing in these Terms limits any warranty or right that cannot legally be limited or excluded.

12. Limits on Responsibility

Because business outcomes can depend on many factors beyond our control, the following limits apply. To the fullest extent allowed by law, HiBOS will not be liable for indirect, incidental, special, or consequential damages, or for lost revenue, profits, data, business opportunities, or goodwill arising from the Services or your use of them.

If HiBOS is found liable for a claim related to a specific Service, HiBOS’s total liability will not exceed the amount you paid HiBOS for that specific Service giving rise to the claim.

These limits apply regardless of the legal theory of the claim, except where applicable law does not allow a limitation.

13. Pausing or Ending Use

You may stop using the Services at any time. HiBOS may need to pause or limit access when reasonably necessary to protect the Services, users, data, or HiBOS, or when these Terms or another applicable agreement are materially violated.

Ending access does not cancel obligations that by their nature should continue, including payment obligations, confidentiality, intellectual property protections, and limitations of liability.

14. Delaware Law and Resolving Disputes

We hope any concern can be resolved directly. If you have a concern, please contact us so we can first try to work it out. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules.

If we cannot resolve a dispute directly, it will be resolved through binding arbitration in Delaware, unless applicable law requires otherwise. To the extent permitted by law, each party waives the right to a jury trial and to participate in a class action.

15. Updates to These Terms

As HiBOS evolves, we may update these Terms to reflect changes in our Services, business practices, or legal requirements. The latest version will show the date it was updated, and changes apply going forward from that date.

If applicable law requires additional notice or new consent for a change, we will provide it. Otherwise, continued use of the Services after an update means you accept the updated Terms when that form of acceptance is legally sufficient.

16. Contact

Questions or concerns about these Terms may be sent to:

HiBOS Inc.
9450 SW Gemini Dr. #33000
Beaverton, OR 97008-7105
legal@hiboslabs.com