TERMS OF USE

HELLOHIRE WEBSITE TERMS OF USE

Last updated: Jan 25, 2023

The following terms of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the “Terms of Use”) govern your access to and use of: (a) our website and web applicable available at or through https://tryhellohire.com and www.hellohireapp.com, including any content and functionality (collectively, the “Hellohire Solution”); (b) any text, pictures, media, data, information, materials and other content (collectively, the “Content”) contained on or provided through (a); and (c) all other products or services provided by us to you, including the Hellohire Platform (defined below) on or through the Hellohire Solution (collectively, the “Offering”). References in these Terms of Use to the Hellohire Solution will include where applicable the Content and the Offerings.

These Terms of Use form an agreement between Hellohire Inc. (“Hellohire”, “us”, “we”, “our”) and you. The term “you” or “User” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the Hellohire Solution (“use” or “using” in these Terms of Use will mean any of the foregoing). You may be classified as one of the following types of users:

(a) Recruiter and Permitted Users. You may be a permitted user (an “Permitted User”) of an organization or other third party that is a customer of Hellohire (a “Recruiter”) and is using the Hellohire Platform (defined below) for business purposes. Recruiter has separately entered into an agreement with us (the “Contract”) that permits Recruiter to access, and provide its personnel with access to, the Hellohire Platform. The Contract contains our commitment to deliver the Hellohire Platform to Recruiter, who may then obtain user accounts for each individual Permitted User. Any reference to “Recruiter” throughout these Terms of Use includes, as applicable, Permitted Users.

(b) Candidates. You may be an individual (a “Candidate”) using the Hellohire Site for personal, family or household purposes in order to pursue employment or other engagement with a Recruiter.

BY USING THE HELLOHIRE SOLUTION IN ANY WAY, INCLUDING PURCHASING ANY OFFERINGS WE SELL ON THE HELLOHIRE SOLUTION OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE HELLOHIRE SOLUTION IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE THE HELLOHIRE SOLUTION.

IF YOU ARE USING THE HELLOHIRE SOLUTION ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Offerings, including the Contract.

These Terms of Use govern your use of the Hellohire Solution as a Recruiter, Permitted User and/or Candidate.

1. Changes to these Terms of Use and the Hellohire Solution

(a) Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the Hellohire Solution, send you an email, or notify you by some other means as required by applicable law; (ii) post a new version of the Terms of Use to the Hellohire Solution; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Hellohire Solution is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Hellohire Solution. Your rights to terminate these Terms of Use are set out in Section 19. Otherwise, your continued access to or use of the Hellohire Solution after any changes to these Terms of Use indicates your acceptance of such changes. 

(b) We reserve the right to change the Hellohire Solution at any time, without notice. We may, at our discretion, suspend your access to or use of the Hellohire Solution or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; or (iii) to address any emergency security concerns. You may need to update third-party software from time to time in order to use the Hellohire Solution.

2. User Account

(a) To access certain features of the Hellohire Solution, you may be required to successfully sign up for a user account using the available interfaces of the services either by (i) establishing a username and password login credentials (the “Username”); or (ii) using same sign-on credentials established for other third party applications and websites (“SSO Credentials” and together with Username, the “User ID”). If you establish a Username, you will keep your Username secure and will not grant access to or otherwise share your Username with any other person. You must provide us with true, accurate, current and complete information for your Username. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Hellohire Solution. 

(b) We reserve the right to disable any account or User ID on the Hellohire Solution at any time in our sole discretion. If we disable access to an account or User ID, you may be prevented from accessing the Hellohire Solution (or any portion thereof).

(c) Hellohire is entitled to act on instructions received through your account. Hellohire is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID. You are solely responsible for any and all use of your User ID and all actions and activities that occur under or in connection with the User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Hellohire Solution and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions or actions undertaken on your account. You agree to be responsible for any act or omission of any users that access the Hellohire Solution under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Use.

3. Electronic Communications

(a) When you use or view the Hellohire Solution or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message or by posting notices on the Hellohire Solution. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

(b) If you elect to receive text messages through the Hellohire Solution, standard data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Hellohire Solution.

(c) By creating an account to access the Hellohire Solution, you acknowledge and agree that Hellohire will send you service-related e-mails and text messages relating to your account, including service updates. These communications can be managed through user features made available through the Hellohire Solution from time to time. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must, as applicable, uninstall, delete and/or stop using the Hellohire Solution. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email, telephone number or contact information so that you continue to receive all communications without interruption.

4. Description of Offerings

(a) Recruiters. Through the Hellohire Solution, Recruiters can (i) schedule and conduct virtual video-based interviews with Candidates; (ii) establish candidacy criteria/questions and screen Candidates against such criteria; (iii) host virtual recruitment events for Candidates; and (iv) view data, reporting and analytics on registrations, attendance and conversations in the virtual recruitment events (the “Hellohire Platform”). Recruiters can subscribe to and enroll in the Hellohire Platform at their election and will be required to enter into the Contract with Hellohire. These Terms of Use will govern enrollment in the Hellohire Platform through the Hellohire Solution. The Contract will govern Recruiter’s subscription to and use of the Hellohire Platform. The method and terms of payment for enrollment in and subscription to the services offered through the Hellohire Platform are governed by and set out in the Contract.

(b) Candidates. Through the Hellohire Solution, Candidates can (i) attend virtual video-based interviews; (ii) provide candidacy information to Recruiters; and (iii) attend virtual recruitment events. Candidates will enroll in and use the Hellohire Platform through the Hellohire Solution free of charge.

(c) Recruiters are solely responsible for interviewing, hiring, recruiting, supervising, terminating, or otherwise engaging or dismissing Candidates using the Hellohire Platform. Nothing in these Terms of Use creates nor shall be construed as creating an employment or dependent contractor relationship between Hellohire and any Candidates or Recruiters.

5. User Data, User Submissions, and Privacy

(a) You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, the HellohireSolution(collectively,“User Data”):(i) improve and enhance the Hellohire Solution; (ii) in the case of Recruiters, generate Hellohire Metadata (as such term is defined in the Contract); and (iii) generate aggregated statistical data that: (A) is anonymized; (B) cannot be re-identified by Hellohire; and (C) does not contain any Personal Information or identify any Recruiter, Permitted User, or Candidate (such data, information and materials, the “Aggregated Data”), provided that the foregoing license does not apply to and does not include any Personal Information (as defined below) contained in the User Data. We and our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term, in accordance with applicable law, for any purpose and without obligations of any kind. To the extent permitted by applicable law, Hellohire will not be liable for any failure to store, or for loss or corruption of your User Data.

(b) Please review our current privacy policy, available at https://www.tryhellohire.com/privacy-policy/ (“Privacy Policy”), which contains important information about our practices in Handling information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Use. The term “Handle” means to access, receive, collect, use, transmit, store, process, record, disclose, transfer, retain, dispose of, destroy, manage or otherwise handle.

(c) When you as a user post or publish Content that you upload, post, e-mail, transmit or otherwise make publicly available on the Hellohire Solution (“User Submission”), you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and otherwise disclose to third parties, the User Submission (in whole or in part) for any purpose and/or to incorporate it in other works in any form, media or technology now known or later developed, throughout the world without compensation to you, for the full term of any worldwide intellectual property right, including moral rights, that may exist in the User Submission. You further waive any moral rights or other rights of authorship as a condition of uploading, posting, e-mailing, transmitting or otherwise making publicly available on the Hellohire Solution, any of the User Submission. You grant each user of the Hellohire Solution a non-exclusive, perpetual license to access the User Submission through the Hellohire Solution, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submission including after your termination of your account or the Hellohire Solution.

(d) We reserve the right to remove, edit, limit, or block access to the User Data and the User Submission at any time and from time to time, and to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use. We have no obligation to display or review your User Data or the User Submission.

(e) You understand and agree that you, and not the Hellohire Parties, are fully responsible for all of the User Submission, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. The Hellohire Parties are not responsible or legally liable to any third party for the content or accuracy of any of the User Submission or such content uploaded, posted, e-mailed, transmitted or otherwise made publicly available on the Hellohire Solution by any other user.

(f) You represent and warrant to us that: (i) your User Data and the User Submission will only contain your own Personal Information or Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Hellohire Solution and Handle the User Data as contemplated under these Terms of Use; (ii) you own or control the appropriate rights in and to your User Data and the User Submission, including any intellectual property owned by third parties and including the right to grant the licenses to the User Submission contained herein; and (iii) you will not submit, upload, or otherwise make available via the Hellohire Solution, any User Data that: (A) you do not have the rights necessary to use, transmit, publish, or to grant us the license as described herein; (B) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party; or (C) breach or violate any applicable laws or these Terms of Use.

6. App Updates and Upgrades

You acknowledge that Hellohire may from time to time issue updated or upgraded versions of the Hellohire Solution, and may (subject to your device settings) automatically electronically update or upgrade the version of the Hellohire Solution that you are then currently using on your browser. You consent to receive updates or upgrades to the Hellohire Solution automatically without providing further consent each time. The Hellohire Solution (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the Hellohire Solution description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how the Hellohire Solution works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time under certain conditions by contacting us at privacy@tryhellohire.com.

7. Ownership of and License to the Hellohire Solution

(a) Neither these Terms of Use nor your use of the Hellohire Solution grants you ownership in the Hellohire Solution. These Terms of Use do not grant you any right to use any Content, including Hellohire’s trademarks, graphics, logos and other commercial symbols or brand elements. All right, title and interest, including intellectual property rights, in and to the Hellohire Solution, including any updates, adaptations, translations, customizations or derivative works thereof, will remain the sole property of Hellohire (or our third-party suppliers, if applicable). Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable license and right during the Term to use the Hellohire Solution. The Hellohire Solution and all materials provided by us hereunder are made available or licensed and not “sold” to you. All rights not expressly granted to you in these Terms of Use are reserved by Hellohire.

(b) Certain elements of the Hellohire Solution are protected by copyright. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling the Hellohire Solution or any portion thereof or sharing or granting access in any of the foregoing to any third party for any purpose.

(c) Any use of third party software provided in connection with the Hellohire Solution will be governed by such third parties’ licenses and not by these Terms of Use;

(d) The name “HELLOHIRE” is the trademark and trade name of Hellohire. Any trademarks, graphics, logos or other commercial symbols appearing in or on the Hellohire Solution and Offerings are the exclusive property of Hellohire (or its third-party suppliers) and may not be used in any manner without our express written consent.

8. Additional Terms

If you are a Recruiter, Permitted User or Candidate, your access to and use of certain functionalities provided in or through the Hellohire Solution may be subject to additional terms and conditions presented to you by Hellohire or its service providers, including, the Contract (if applicable). Such additional terms and conditions, including the Contract (if applicable) are incorporated herein by reference and you agree to comply with such additional terms and conditions at all times. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency, unless the conflicting term in the additional terms expressly states that the conflicting term in these Terms of Use do not apply. Notwithstanding the foregoing, the provisions of the Contract will govern to the extent there is any conflict or inconsistency between the Contract and these Terms of Use. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities.

9. Your Responsibilities

You agree to: (a) prevent unauthorized access to or use of the Hellohire Solution; (b) maintain, protect and make backups of your User Data; (c) keep your contact information associated with your account current and accurate at all times; (d) comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy laws and anti-spam; (e) in the case of a Recruiter, be responsible for the use of the Hellohire Solution by any Permitted Users; (f) keep your User IDs and all other login information confidential; (g) not register for more than one account, register for an account on behalf of an individual other than yourself without such individual’s authorization, or register for an account on behalf of any group or entity; (h) monitor and control all activity conducted through your account in connection with the Hellohire Solution; (i) upload and disseminate only data to which you own all required rights under law and do so only consistent with applicable law; (j) promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a User ID or account; (k) not use anyone else’s User ID at any time, without the permission of the User ID holder; and (l) not attempt, in any manner, to obtain the password, account, or other security information from any other user.

10. No Unlawful or Prohibited Use

You will not use the Hellohire Solution in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use the Hellohire Solution for any purpose other than to access and use the Hellohire Solution in accordance with these Terms of Use. Without limiting the generality of the foregoing, you will not (and will not attempt to,) directly or indirectly: (a) disable or interfere in any way with servers or networks connected to the Hellohire Solution; (b) attempt to gain unauthorized access to the Hellohire Solution; (c) transmit or communicate in any way on the Hellohire Solution any data, information, media or any other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, inaccurate, intentionally misleading, or impersonates any other person; (iv) gives the impression that it originates from or is endorsed by us or any other person or entity, if that is not the case; (v) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, exploitative, obscene, harmful, sexually explicit, inflammatory, offensive or discriminatory in any way or is otherwise objectionable, such determination to be made in Hellohire’s sole discretion; (vi) is harmful to minors in any way or targeted at minors; (vii) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party; (viii) violates, or encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability; or (ix) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others; (d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Hellohire Solution or any part thereof or otherwise attempt to discover any source code; use the Hellohire Solution for the purpose of building a similar or competitive offering; (e) violate the terms of use of any third party website that is linked to the Hellohire Solution; (f) impersonate Hellohire or any other person or entity; (g) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Hellohire Solution, or which, as determined by us, may harm Hellohire or users of the Hellohire Solution or expose them to liability; (h) promote any illegal activity or advocate, promote, or assist any unlawful act; (i) advertise to, or solicit, any user to buy or sell any third party products or services, or use any information obtained from the Hellohire Solution in order to contact, advertise to, solicit, or sell to any user without their prior express consent; (j) run Maillist, Listserv, any form of auto-responder or “spam” on the Hellohire Solution, or any processes that run or are activated while you are not logged into the Hellohire Solution, or that otherwise interfere with the proper working of the Hellohire Solution; (k) encourage any other commercial activities, including, without limitation, any “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;] (l) publish or in any way distribute the Content; (m) provide access to an account designated for you to another person; (n) in the case of an Permitted User, use the Hellohire Solution other than for the benefit of the Recruiter that has entered into an agreement to access the Hellohire Solution and who has granted you a right of access; (o) reidentify the Content to associate the Content with an individual or specific mobile device by using any method, including merging external data with the Content, or use the Content to attempt to identify the behaviour of a known individual for any reason; (p) copy or store any significant portion of the Content; (q) use the Hellohire Solution or Content to stalk, attempt to exploit, harass or harm another individual by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws and regulations; (r) cause annoyance, inconvenience, or needless anxiety or use the Hellohire Solution in a manner that is likely to upset, embarrass, or alarm any other person; (s) mirror or frame the Hellohire Solution or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; or (t) authorize, permit, enable, induce or encourage any third party to do any of the above.

11. Communications

(a) You are solely responsible for your interactions with other users of the Hellohire Solution, including any communications that you exchange through the Hellohire Solution communication features. Hellohire reserves the right, but has no obligation, to review disputes between you and other Hellohire Solution users, including the right to review messages exchanged through the Hellohire Solution communication features, based on any reports that Hellohire receives alleging the violation of these Terms of Use.

(b) Though we strive to enforce the Terms of Use above with all of our users, you may be exposed through the Hellohire Solution to Content that violates our policies or is otherwise offensive. You access the Hellohire Solution at your own risk. We may, but are not obligated to, remove Content from the Hellohire Solution for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the Hellohire Solution whether it violates our content policies or not. To the fullest extent permitted by applicable law, you hereby release us from all liability for you having acquired or not acquired Content through the Hellohire Solution.

12. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the Hellohire Solution. We do not guarantee the security of data transmitted over the internet or public networks in connection with your use of the Hellohire Solution.

13. Feedback

You agree that any suggestion, feedback or idea provided by you (collectively, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use or otherwise will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Hellohire Solution or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. You hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.

14. Third Party Content, Websites or Services

(a) The Hellohire Solution may provide or publish links or access to third party content, websites, or services. Likewise, we may allow you to access the Hellohire Solution from third party systems. Hellohire does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third party content, websites, or services are the property of their respective owners. Hellohire does not endorse any third party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under Hellohire’s control, and if you choose to access any such content, websites, or services, or to access the Hellohire Solution from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.

(b) Your interactions with organizations and/or individuals found on or through the Hellohire Solution, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that to the fullest extent permitted by applicable law Hellohire is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

15. Malicious Code and Security

The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Hellohire Solution is compatible with your computer system or mobile device or that the Hellohire Solution, or any links from the Hellohire Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of the Hellohire Solution.

16. Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, WHICH MAY INCLUDE QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE HELLOHIRE SOLUTION AND OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE HELLOHIRE SOLUTION AND OFFERINGS WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE HELLOHIRE SOLUTION AND OFFERINGS ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE HELLOHIRE SOLUTION.

IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION TO THE OFFERINGS FOR WHATEVER REASON, EVEN IF HELLOHIRE HAS BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF OFFERINGS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HELLOHIRE WILL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS HELLOHIRE HAS IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, HELLOHIRE WILL USE REASONABLE EFFORTS TO RETURN THE OFFERINGS AS SOON AS REASONABLY POSSIBLE.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH HELLOHIRE, THE “HELLOHIRE PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE HELLOHIRE SOLUTION OR THE INABILITY TO MAKE USE OF THE HELLOHIRE SOLUTION, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HELLOHIRE SOLUTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE HELLOHIRE SOLUTION.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ANY OF THE HELLOHIRE PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, PANDEMICS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

18. Indemnification

You will defend, indemnify and hold harmless the Hellohire Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: (a) Your User Data and the User Submission; (b) your breach of any provision of these Terms of Use or any documents referenced herein; (c) your violation of any law or the rights of a third party (including intellectual property rights); (d) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Hellohire Solution; or (e) your use (or the use by any Permitted User using your User ID) of the Hellohire Solution or Offerings (except to the extent prohibited by law). Hellohire reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to the Hellohire Solution.

19. Term and Termination

(a) These Terms of Use will commence on the day you first use the Hellohire Solution and, (i) in the case of a Candidate, will remain in effect until terminated by either Hellohire or the Candidate in accordance with the provisions of these Terms of Use; or (ii) in the case of a Recruiter, will remain in effect until the Contract is terminated in accordance with the terms and conditions of the Contract (the “Term”).

(b) Candidates. In the case of a Candidate, we may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the Hellohire Solution. Candidate may terminate these Terms of Use at any time and with immediate effect by requesting by email (support@tryhellohire.com) that your User ID be deleted, ceasing use of the Hellohire Solution and, as applicable, uninstalling and deleting the Hellohire Solution.

(c) Recruiters. In the case of a Recruiter, these Terms of Use will terminate automatically and without further notice upon termination of the Contract.

(d) Notwithstanding Sections 19(b) and (c), if you continue to use any portion of the Hellohire Solution that is publicly available after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.

20. Geographic Restrictions

Hellohire makes no representation that the Hellohire Solution is or will be available for use in all locations outside Canada or all locations within Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada or from within Quebec, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

21. General Provisions

(a) Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law and such laws apply to your access to or use of the Hellohire Solution, notwithstanding your domicile, residency or physical location. You will only use the Hellohire Solution in jurisdictions where the Hellohire Solution may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario in all disputes arising out of or relating to the use of the Hellohire Solution. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

(b) Entire Agreement. These Terms of Use, including all terms and conditions incorporated by reference (including the Contract, if applicable), constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Hellohire Solution and Offerings. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

(c) Survival. The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections (a) (User Data, User Submissions, and Privacy), 6 (Ownership of the Hellohire Solution), 8 (Additional Terms), 12 (Communications Not Confidential), 14 (Third Party Content, Websites or Services) 15 (Malicious Code and Security), 16 (Disclaimer), 17 (Limitation of Liability), 18 (Indemnification), and 21 (General Provisions).

(d) Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.

(e) Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

(f) Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

(g) Dispute Resolution. If you believe that Hellohire has not adhered to these Terms of Use, please contact Hellohire using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

22. Contact

If you have any questions or comments regarding these Terms of Use, please contact us at info@tryhellohire.com.