HirefinityTerms and Conditions
Introduction
The following terms of service (the "Terms") govern your access to and use of Salesfinity Inc. (dba Hirefinity or "we" or "our") websites and services (the "Services"). Please read them carefully before using the Services. By accessing or using the Services, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Policy.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. The Hirefinity Services
1.1 Eligibility
You may use the Services only in accordance with these Terms and in compliance with all applicable local, state, national and international laws, rules and regulations. You may use the Services only if you have the legal power and capacity to form a contract with Hirefinity. Any use or access to the Services by anyone under eighteen (18) years of age is strictly prohibited and in violation of these Terms.
1.2 License Limitations & Restrictions
License Grant: Subject to these Terms, you are granted a non-exclusive, limited, non-transferable, and revocable license to use the Services. Hirefinity reserves all rights not expressly granted herein and may terminate this license at any time for any reason.
Authorized User (Seat) Policy: Each license (or "Seat") is intended for use by a single authorized user. Sharing, sublicensing, or concurrent use by multiple individuals is prohibited.
Fair Usage: Each authorized user is subject to a maximum of 10,000 dials per calendar month ("Monthly Dial Limit"). Exceeding this limit consistently may affect system performance and fairness to other users.
1.3 Call Recording
Subject to your agreement to be bound by these Terms, you may enable or disable our Service which permits you to record telephone conversations. For each Call Recording, you will obtain all consents and/or provide all disclosures required under all applicable Calling Laws.
1.4 Services Rules and Responsibilities
You agree not to engage in any of the following prohibited activities: accessing or using the Service to communicate any message or material that is harassing, threatening, indecent, obscene, slanderous, or otherwise unlawful; engaging in spamming or other unsolicited advertising; copying, distributing, or disclosing any part of the Services; using any automated system to access the Services; attempting to interfere with the system integrity or security; or uploading invalid data, viruses, worms, or other software agents through the Services.
You shall at all times comply with the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, the Telemarketing Sales Rule, and all other state or local laws, rules, regulations, and guidelines relating to calling or texting (collectively, the "Calling Laws").
1.5 User Accounts
Your account on the Services gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. When creating your user account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your user account, and you must keep your user account password secure.
1.6 Changes to the Services
The Services will continue to evolve as we refine features and functionality. We may terminate, suspend, or modify the Services in whole or in part, in general or with respect to you, from time to time without cause or prior notice.
2. Your Data
2.1 Data Ownership and License
You retain full ownership to Your Data and we do not claim any ownership to any of it; however, by importing, providing, or otherwise making available any of Your Data on or through the Services, you expressly grant to Hirefinity a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all of Your Data to provide the Services.
2.2 Your Data Representations and Warranties
By importing, providing, or otherwise making available any of Your Data on the Services, you represent and warrant that you own or control any and all rights in and to Your Data, and that you have obtained Your Data lawfully and that your use of Your Data through the Services does not and will not violate any applicable laws.
3. Hirefinity's Proprietary Rights
Except for Your Data, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content or data belonging to other users (the "Hirefinity Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Hirefinity and its licensors.
4. Termination
Hirefinity provides its services on a subscription basis. Subscriptions automatically renew at the end of each billing period unless canceled by the customer at least three (3) business days prior to the renewal date. All payments for subscriptions are final and non-refundable. Hirefinity retains the right, at its sole discretion, to issue refunds in exceptional circumstances, which will be reviewed and determined on a case-by-case basis.
You can stop using our Services at any time and we reserve the right to suspend or end the Services to you in whole or part at any time, with or without cause, and with or without notice, without incurring liability of any kind.
5. Security
Hirefinity uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your personal information at your own risk.
6. Third Party Materials and Services
The Services may contain links to websites, services or resources of others. We do not endorse and are not responsible or liable for their accuracy, availability, content, products, services or anything else. You are solely responsible for your use of any such third-party websites, services, or resources.
7. No Emergency Services
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES SUCH AS PUBLIC SAFETY ANSWERING POINTS.
8. Indemnity
You agree to indemnify, defend and hold harmless Hirefinity and its officers, directors, owners, employees, agents, consultants and vendors from and against any and all liabilities, losses, claims, damages, causes of action, costs and expenses arising out of or related to your use of the Services or your violation of these Terms.
9. No Warranty
THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HIREFINITY, ITS AFFILIATES, OR EACH OF THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.
11. Governing Law; Dispute Resolution
11.1 Governing Law
These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
11.2 Arbitration
For any dispute with Hirefinity, you agree to first contact us at hello@salesfinity.co and attempt to resolve the dispute with us informally. In the unlikely event that Hirefinity has not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim by binding arbitration by JAMS.
11.3 Class Action/Jury Trial Waiver
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HIREFINITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12. Miscellaneous Legal Provisions
Assignment: You may not assign any of your rights in these Terms, but Hirefinity may assign its rights and obligations to any of its affiliates or subsidiaries.
Modifications to these Terms: We may revise these Terms from time to time. If we make any material changes, we will notify you. By continuing to access or use the Services after revisions become effective, you are agreeing to be bound by the revised Terms.
Entire Terms/Severability: These Terms constitute the entire and exclusive agreement between you and Hirefinity with respect to the Services. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect.
Contact
Please contact us at hello@salesfinity.co with any questions regarding these Terms or the Services.