SmartStart Customer Terms and Conditions

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Last modified on 19^th June 2018

Customers subscribed to SmartStart are governed by the following terms and conditions (“Terms and Conditions”).

1. Provision of the Services by SmartRecruiters

1.1 The SmartStart recruiting software (“software”) and related services (together “Services”) are provided “as is.” SmartRecruiters makes no warranty with respect to the quality or availability of the Services. SmartRecruiters may change the form and nature of the Services from time to time at its sole discretion and without prior notice to the customer (“Customer”).

1.2 The Customer may stop using the Services at any time without notice. SmartRecruiters may terminate the Services at any time and at its sole discretion upon one-month notice to the Customer, during which time the Customer may request and obtain a copy of any data currently stored by the Customer in SmartRecruiters. any data transmitted by the Customer to SmartRecruiters over the course Customer’s use of the Services.

2. Fair usage

2.1. SmartRecruiters provides the Services which may only be used for the purposes of recruiting individuals for real jobs in real organizations. The Customer may not use the Services to advertise fake jobs; collect resumes and applicant data for any purpose other than hiring for real job openings; promote products and services, self-employment, work-from-home opportunities, or commissions-only positions; nor for any other use inconsistent with any applicable law, regulation or generally accepted recruiting practices or guidelines. The Customer understands that access to the Customer’s account may be restricted should the Customer be found to be in violation of any of these Terms and Conditions.

2.2. SmartRecruiters does not currently place a limit on data storage or usage, but may do so in the future at its sole discretion. The Customer should not seek to store more data on SmartRecruiters than is reasonably required for normal recruiting efforts.

2.3. SmartRecruiters believes in a world where hiring is fast, fair, social, open, easy. The Customer is discouraged from using the Services in a manner inconsistent with these values. In particular, SmartRecruiters abhors any form of discrimination in the hiring process.

2.4. Customer agrees not to attempt to access any of the Services by any means other than through the interface that is provided by SmartRecruiters nor to engage in any activity that interferes with or disrupts the Services or infringes on SmartRecruiters’ and/or its 3rd party vendors’ brand or intellectual property.

3. Add-on Services

3.1. SmartRecruiters is pre-integrated with a number of third party add-on services. These add-on services are provided by third party vendors. When the Customer purchases such services through the SmartRecruiters platform, the terms and conditions of those vendors apply to the Customer. The Customer is urged to review such terms and conditions before purchasing or otherwise accessing any such add-on services. SmartRecruiters cannot and does not take any responsibility for, nor makes any warrant on behalf of, such add-on services.

3.2 Any exchange of data between the Customer and Third-party Add-on Services’ vendors (including job boards and aggregators) is solely between the Customer and Third-party Add-on Services’ vendor and SmartRecruiters is not responsible for any disclosure, modification or deletion of the Customer’s data resulting from access by such Third-party Add-on Services’ vendor.

4. Data Privacy

SmartRecruiters’ treatment of Customer’s data is governed by the data processing agreement (“Data Processing Agreement”) found here, which is incorporated by reference into these Terms and Conditions.

5. Limitation of Liability

5.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTRECRUITERS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, 3rd PARTY VENDORS, OR LICENSORS BE LIABLE FOR:

5.1.1. ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES;

5.1.2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY THE CUSTOMER AS A RESULT OF:

– ANY RELIANCE PLACED BY THE CUSTOMER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE CUSTOMER AND ANY PROVIDER OF ADD-ON SERVICES;

– ANY CHANGES WHICH SMARTRECRUITERS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

– THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE Customer’S USE OF THE SERVICES;

5.2. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SMARTRECRUITERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

5.3. The liability of SmartRecruiters to the Customer under or in relation to the subject matter of this Agreement and related Orders shall be limited to the fees paid by the Customer in the last 12 months, regardless of whether such liability arises from a material breach of contract, tort or breach of statutory duty.

6. Intellectual Property

6.1. SmartRecruiters grants to the Customer a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services and Software provided to the Customer by SmartRecruiters and its 3rd party vendors as part of the Services. This license is for the sole purpose of enabling the Customer to use and enjoy the benefit of the Services as provided by SmartRecruiters, in the manner permitted by these Terms and Conditions.

6.2. The Customer may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, nor may the Customer permit anyone else to do so. This same limitation applies to the Software and Services of SmartRecruiters’ 3rd party vendors.

6.3. Unless the Customer has agreed otherwise in writing with SmartRecruiters, nothing in the Terms and Conditions gives the Customer a right to use any of SmartRecruiters or its 3rd party vendors’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

6.4 CUSTOMER RECOGNIZES THAT A VIOLATION OF ANY OF THE RESTRICTIONS AND LIMITATIONS PLACED ON IT BY THE TERMS OF THIS SECTION (INTELLECTUAL PROPERTY) MAY RESULT IN SUBSTANTIAL LEGAL FINES AND OTHER REMEDIES SOUGHT BY SMARTRECRUITERS OR ITS 3RD PARTY VENDORS AS PERMITTED D BY THE FULLEST EXTENT OF THE LAW IN THE APPLICABLE JURISDICTION.

7. General Terms

7.1. These Terms and Conditions and the Data Processing Agreement constitute the entire agreement between the Customer and SmartRecruiters and govern the Customer’s use of the Services. SmartRecruiters may make changes to the Terms and Conditions from time to time. The Customer’s use of the Software and Services after the date of the changes constitutes acceptance of the updated Terms and Conditions.

7.2. The Terms and Conditions, and the Customer’s relationship with SmartRecruiters under the Terms and Conditions, shall be governed by the laws of the State of Delaware. The Customer and SmartRecruiters agree to submit to the exclusive jurisdiction of the courts of the State of Delaware to resolve any legal matter arising from the Terms and Conditions.

7.3. Neither party will be required to comply with any obligation under this Agreement if such compliance is impeded by any event of force majeure as hereinafter defined. Events of force majeure shall mean an event which is beyond the control of the affected party and which such party could not anticipate or mitigate by means of insurance, contingency planning or any other prudent means. Notwithstanding the foregoing, if either party is affected by an event of force majeure it shall take all reasonable steps to minimise the impact of the force majeure event on the other party and to reduce the period of the impact of the force majeure event to the minimum.