Terms of Use

Updated: August 16, 2020

Thank you for using our products! They were built to help you do your best work. Because it's unlikely to know every one of our customers personally, we have to put in place some Terms of Use to help keep the ship afloat.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to HireVise, LLC.

When we say “Services”, we mean any product created and maintained by HireVise, LLC.

When we say “Site”, we mean any page, component, code, or image of our website located at hirevise.com .

When we say “Users”, we mean someone who accesses, browses, submits Content, or in any way uses the Site.

When we say “Content”, we mean all text, images, photos, documents, and all other forms of data or communication uploaded to, located on, or available from our Site.

We may update these Terms of Use in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will also announce them on our company blog. However, it’s your responsibility to review these Terms periodically.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Use. That's true for any of our existing and future products and all features that we add to our Services over time. If at any time you find these Terms unacceptable, you must immediately cease all use of the Site or Services. There may be times where we do not exercise or enforce any right or provision of the Terms of Use; in doing so, we are not waiving any future exercise or enforcement of that right or provision. These terms do contain a limitation of our liability.

If you violate of any of the terms, we may terminate your account. That's a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door for you to reach us at [email protected].


Account and Usage Terms

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You may not use the Services for any illegal purpose or to violate any laws in your jurisdiction.
  3. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who have access to your login credentials and content submitted to your account.
  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.
  5. Your account may only be used by one person. Accounts shared by multiple persons is prohibited.
  6. You must be at least 18 years old and legally able to agree to our Terms of Use.
  7. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  8. You must not write, upload, display, transmit, or otherwise distribute any Content that:
    1. Violates any employment laws and/or discriminates against any protected class.
    2. Intends to misrepresent and/or deceive other users.
    3. Contains a link to any other website that is not associated with your organization without prior written consent from the Company.
    4. Solicits or is designed to solicit passwords or protected personal information from other Users.
    5. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming”.
    6. Poses or creates a privacy or security risk, or violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.
    7. Is patently offensive, pornographic, or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual.
  9. Further, you must not engage in the following activities, or assist others in engaging in the following activities, in using the Site or Services:
    1. Using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Site or Services for the purposes of sending unsolicited or unauthorized material.
    2. Modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the MCC Services other than your User Content which you legally post on, through or in connection with your use of the Site.
    3. Engaging in criminal or tortious activity, including, but not limited to, fraud, sending of viruses or other harmful files, copyright infringement, or theft of trade secrets.
    4. Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access.
    5. Attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site or Service.
    6. Using the Site in a manner inconsistent with any and all applicable laws and regulations.

Software

The Company utilizes certain software to enable your use of the Site and Services. If you use the Site and/or Services or upload or download any content, including all files and images contained in or generated by the Site, Services made available through the Site, and/or any accompanying data (collectively, "Software"), the Software is deemed to be licensed to you by the Company only for your personal and noncommercial use of the Site. The Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to any other form.


Applicant and Submission Terms

  1. You are responsible for submitting accurate information and all data submitted.
  2. You may not use the Services for any illegal purpose or to violate any laws in your jurisdiction.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the submission process.
  4. Your submission holds no guarantees, nor does it require any response and/or action from the Company, Services, or account holder to whom you are submitting.
  5. You must be legally able to agree to our Terms of Use.
  6. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  7. You must not write, upload, display, transmit, or otherwise distribute any Content that:
    1. Violates any employment laws and/or discriminates against any protected class.
    2. Intends to misrepresent and/or deceive other users.
    3. Contains a link to any other website that is not associated with your organization without prior written consent from the Company.
    4. Solicits or is designed to solicit passwords or protected personal information from other Users.
    5. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming”.
    6. Poses or creates a privacy or security risk, or violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.
    7. Is patently offensive, pornographic, or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual.
  8. Further, you must not engage in the following activities, or assist others in engaging in the following activities, in using the Site or Services:
    1. Using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Site or Services for the purposes of sending unsolicited or unauthorized material.
    2. Modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the MCC Services other than your User Content which you legally post on, through or in connection with your use of the Site.
    3. Engaging in criminal or tortious activity, including, but not limited to, fraud, sending of viruses or other harmful files, copyright infringement, or theft of trade secrets.
    4. Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access.
    5. Attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site or Service.
    6. Using the Site in a manner inconsistent with any and all applicable laws and regulations.

Payment, Refunds, and Plan Changes

  1. You need to pay in advance to use the upgraded (Pro) Service. If you do not pay, we will downgrade your account and upgraded (Pro) features will be inaccessible until you make payment. If your account has been inactive for a while, we may queue it up for auto-deletion. When an account is deleted, all associated data and documents are removed from the Company's system.
  2. Any upgrade or downgrade of your account will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
  3. Downgrading your account plan may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Where required, the Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
  5. ALL PAYMENTS ARE NON-REFUNDABLE NOR SUBJECT TO CHARGEBACKS UNLESS THE COMPANY HAS GRANTED APPROVAL AFTER REVIEW. Refunds are processed manually by our support team and shall be approved at the Company’s discretion with no exceptions.

Cancellation and Termination

  1. You are solely responsible for properly canceling and deleting your account. An email or phone request to cancel and/or delete your account is not considered valid. You can cancel and/or delete your account at any time clicking the cancel and/or delete account buttons in your account settings.
  2. Your account and data will be inaccessible from the Services after the end of the current billing cycle upon cancellation and you will not be charged again.
  3. All data and documents will be removed from the Company's system upon account deletion.
  4. If you delete your account with an active plan (active account and accounts that have been canceled before the end of the current billing cycle), all remaining time of access will be lost. There will not be any prorating of unused time in the last billing cycle.
  5. We have the right to suspend or terminate your account (and, if any, associated "team" accounts) and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.

Modifications to the Service and Prices

  1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Services or its prices with or without notice.
  2. Prices of all Services are subject to change at any time and for any reason. Notice will be given before any such change takes place.
  3. The Company shall not be liable to you or to any third party for any modification, price change, suspension, disruption, or discontinuance of the Services.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements and the Company is not liable for any expected and unexpected downtime caused by us or our network partners.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that HireVise may process your data as described in our Privacy Policy and for no other purpose. We can access your data for the following reasons:
    • To help you with support requests you make. We'll ask for express consent before accessing your account.
    • To safeguard HireVise. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
    • To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act. If a non-US authority approaches us for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism.
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
  6. Under the California Consumer Privacy Act (“CCPA”), HireVise is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Use, Privacy policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use HireVise Services in a way that violates the regulations.

Copyright and Data Ownership

  1. All User content posted on the Services must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
  3. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logo or any Service logos for promotional purposes. Please email [email protected] for requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Use.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
  6. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

  1. We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
  2. We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Miscellaneous

  1. Technical support is only provided via email.
  2. You must not modify, adapt or hack the Service.
  3. We may, but have no obligation to, remove data and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Use.
  4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
  5. You understand that the technical processing and transmission of the Services, including your data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  6. The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and the Company and governs your use of the Services, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Use).
  7. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Use or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES SHALL NOT EXCEED AND SHALL BE LIMITED TO ANY COMPENSATION YOU HAVE PAID TO THE COMPANY FOR ACCESS TO OR USE OF THE SITE AND SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general, doing the right thing. If you choose to use our Services, thank you for betting on us.

If you have a question about any of the Terms of Use, please contact [email protected].

These Terms of Use have been adapted from the Basecamp open-source policies / CC BY 4.0.