Terms of Service
Effective Date: 01 November 2022.
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND PLATINA SOFTWARE PVT LTD (hereinafter “Platina”, We or “Us”) GOVERNING YOUR USE OF PLATINA SERVICES AND WEBSITES.
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND PLATINA SOFTWARE PVT LTD (hereinafter “Platina”, We or “Us”) GOVERNING YOUR USE OF PLATINA SERVICES AND WEBSITES.
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A. Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter called the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter called the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the situation of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail. -
B. Acceptance of the Terms
B.1 Eligibility
You must be 18 years or older to enter into a binding agreement in order to accept the Terms.
If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, “You", “Your” or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.
B.2 General and Specific Terms
If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service.
B.3 How to Accept
You can accept the Terms by checking a checkbox or clicking on a button or a link indicating your acceptance of the terms or by accessing or using the Service(s) or Websites, or authorizing or permitting any User or End-User to access or use the Service(s) or Websites.C. Period of the Terms
These Terms are applicable during Your Free Trial and during Your subscription to the Service(s) through a Service Plan of Your choice. Some Terms as identified below will be applicable even after the Termination or Suspension of your Plan.D. Service(s)
D.1 Description
We provide a number of services for online Recruiting, Talent Acquisition, Database Management, and Resume Parsing ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
D.2 Beta Services
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Platina will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
E. Use of Services
E.1 Your Rights
1. Using Our Service(s): Subject to Your compliance with the Terms and solely during the Subscription Term, You have the limited, non-exclusive, and revocable right to access and use the Service(s) for Your internal business purposes. You shall be responsible for use of the Service(s) through Your Account by any third parties. You may subscribe to one or more of the Service(s). They may be subject to separate and distinct Service Plans.
2. Using our APIs: Where applicable, our APIs must be used according to the API Policies We implement in this regard.
3. Using our Mobile Applications: Subject to Your compliance with the Terms and solely during the Subscription Term, You have the limited, non-exclusive, non-transferrable, and revocable right to download, install and use the Mobile Applications to access and use the Service(s).
E.2 User Sign-up
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to:
1. provide true, accurate, current and complete information about yourself as prompted by the sign-up process; andIf you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Platina has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Platina may terminate your user account and refuse current or future use of any or all the Services.
2. maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.
E.3. Organization Accounts, Administrators
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for:
i) ensuring confidentiality of your organization account password,
ii) appointing competent individuals as administrators for managing your organization account, and
iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Platina is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to legal@platinasoft.com, provided that the process is acceptable to Platina. In the absence of any specified administrator account recovery process, Platina may provide control of an administrator account to an individual providing proof satisfactory to Platina demonstrating authorization to act on behalf of the organization. You agree not to hold Platina liable for the consequences of any action taken by Platina in good faith in this regard.
E.4 Limitations
1. Your Account: Subject to any limitation on the number of individual Users available under the Service Plan to which You subscribed, access and use of the Service(s) is restricted to the specified number of individual Users permitted under Your subscription to the Service(s). Each User shall be identified using unique login information such as usernames and passwords (“User Login”) and such User Login shall be used only by one individual. If You are a managed service provider and You wish to use the same User Login across Accounts that You manage for Your clients, You acknowledge that it is Your sole responsibility to obtain necessary consents from such clients.
2. Different Subscription Plans including the Trial Plans have limits on number of features specific to their Product and Edition. For example, number of Active Jobs in the database, Mass-mail credits for each day and number of resume files parsed per day. You acknowledge that you have understood those limits and determine their suitability for the use of the involved Service for the Subscription Plan subscribed to.
E.5 Responsibilities
1. You are responsible for the confidentiality of Service Data and User Login. You should, therefore, not share Your User Login with any third parties. In any event, unless You notify Us of any unauthorized use or suspicious activity in Your Account, You are responsible for all activities that occur under Your Account. Platina will not be liable for any damage or loss that may result from Your failure to protect Your login information, including Your password. Without limiting the foregoing, You are solely responsible for ensuring that Your use of the Service(s) to store and transmit Service Data is compliant with all applicable laws and regulations.
2. You also maintain all responsibility for determining whether the Service(s) or the information generated thereby is accurate or sufficient for Your purposes.
3. Your use of the Service(s): You agree not to
(a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Users in furtherance of Your internal business purposes as expressly permitted by these Terms;
(b) use the Service(s) to Process data on behalf of any third party other than Your Users and End- Customers;
(c) modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks;
(d) falsely imply any sponsorship or association with Us;
(e) use the Service(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights;
(f) use the Service(s) to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;
(g) use the Service(s) to store or transmit any content that infringes upon any person’s intellectual property rights;
(h) use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components;
(i) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s);
(j) use the Service(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libellous, obscene, or discriminatory;
(k) use the Service(s) to store or transmit any “protected information” related to health and other such areas unless expressly agreed to otherwise in writing by Us;
(l) use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”);
(m) establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
(n) use the Service(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law;
(o) use of the Service(s) for any purpose prohibited by applicable export laws and regulations, including without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology;
(p) try to use, or use the Service(s) in violation of these Terms.
4. You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.
5. If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose.F. Inactive User Accounts
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 60 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.G. Ownership of Data
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Platina the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Platina’s commercial, marketing or any similar purpose. But you grant Platina permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.H. Unavailability, Changes to the Services and Websites
H.1 Unavailability of Services
1. You may not be able to access or use the Service(s) (a) during planned downtime for upgrades and maintenance to the Service(s) (of which We will use commercially reasonable efforts to notify You in advance through Our Service(s)) (“Planned Downtime”), or (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.
2. We will use commercially reasonable efforts to schedule Planned Downtime for weekends (U.S Pacific Time zone) and other off-peak hours.
H.2 Changes to the service(s) and websites
1. Our Service(s): We may update the Service(s) from time to time and You may receive notifications of such upgrades, enhancements or updates (“Updates”). Any new or modified features added to or augmenting or otherwise modifying the Service(s) or other updates, modifications or enhancements to the Service(s) are also subject to these Terms and We reserve the right to deploy Updates at any time.
2. Websites: We may also change content on Our Websites at any time. However, please note that any of the content on Our Websites may be out of date at any given time, and We are under no obligation to update it. For clarity, this sub-section refers to Our Websites excluding the Service(s). We may discontinue or change any part of Our Websites, that does not affect the Service(s), without notifying You. Our Websites may contain links to websites, content and resources provided by third parties (“Third Party Links”). These Third Party Links are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Links and are not responsible for Your access or use of these Third Party Links.
I. Billing, Plan Modifications and Payments
1. Subscription Charges: Unless otherwise specified in the Supplementary terms, except during Your free trial, all charges associated with Your Account (“Subscription Charges”) are due in full and payable in advance, in accordance with Section 7.2, when You subscribe to the Service(s). Unless specified otherwise in a Form, the Subscription Charges are based on the Service Plans You choose and are payable in full until You terminate Your Account in accordance with Section 8. You will receive a receipt upon each receipt of payment by Us. You may also obtain a payment receipt from within the Service(s).
2. Payment methods: You may pay the Subscription Charges through Your credit card, or other accepted payment method as specified in a Form. For credit card payments, Your payment is due immediately upon Your receipt of Our invoice. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card upon Your subscription to the Service(s) (and any renewal thereof). For payments through other accepted methods, Your payment is due within thirty (30) days of Our invoice date unless otherwise stated in a Form.
3. Renewal: Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account in accordance Section 8, Your credit card will be charged automatically for the applicable Subscription Charges.
4. We may use a third-party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing Us at support@platinasoft.com.
5. Refunds: Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Charges are non-refundable. No refunds shall be issued for partial use or non-use of the Service(s) by You.
6. Late Payments/Non-payment of Subscription Charges: We will notify You if We do not receive payment towards the Subscription Charges within the due date for Your Account. For payments made through credit cards, We must receive payments due within a maximum of five (5) days from the date of Our notice and for payments through other accepted methods, We must receive payments within a maximum of fifteen (15) days from the date of Our notice. If We do not receive payment within the foregoing time period, in addition to Our right to other remedies available under law, We may (i) charge an interest for late payment @ 1.5% per month and/or; (ii) suspend Your access to and use of the Service(s) until We receive Your payment towards the Subscription Charges as specified herein and/or; (iii) terminate Your Account in accordance with Section 8.2.
7. Upgrades and Downgrades: You may upgrade or downgrade within a Service Plan or between two Service Plans. You understand that downgrading may cause loss of content, features, or capacity of the Service(s) as available to You before downgrading Your Account. We will not be liable for such loss. When You upgrade or downgrade, the new Subscription Charges become immediately applicable. Upon upgrade, the difference of new Subscription Charges and Old Subscription Charges for the subsisting month would be charged on pro-rated basis and Your credit card will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges. Upon downgrade, You will not be given any refund for the difference of the Old Subscription Charges and New Subscription Charges.
8. Applicable Taxes: Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.
9. User Benefits: Apart from the credits provided to You when You downgrade, We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges, extension in Subscription Term for no extra payments from You, with regard to the Service(s). These benefits are specific to Your Account and the Service(s) identified while offering these benefits. They are not transferrable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of offer.
J. Suspension and Termination
1. We shall not be liable to You or any other third party for suspension or termination of Your Account or access to and use the Service(s), if such suspension or termination is in accordance with these Terms.
2. Suspension and Termination by Us: In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account or the Service(s) if You are in violation of the Terms. We will notify You of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of fifteen (15) days (“Cure Period”) to cure or cease such activities. If You do not cure or cease such activities within said Cure Period or if We believe that Your breach of these Terms cannot be cured, Your Account shall be terminated. Further, You acknowledge that in the event You do not re-activate an Account within 120 days from the expiry of a free trial or a suspension, We may terminate such Account and associated Service Data shall be permanently deleted immediately upon such termination.
3. Termination by You: If You pay for Your Account through credit card, You may elect to terminate Your Account at any time by clicking on the ‘Account Settings’ link in the ‘Admin’ page when You log in to Our Service(s). If payments for Your Account is made through other accepted payment methods, You may terminate Your Account by writing to support@platinasoft.com.
4. Effect of Terminating Your Account:
a. Data Export: We strongly recommend that You export all Service Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us, unless otherwise specified elsewhere herein or in the Supplemental Terms and subject to the Data Processing Addendum, Service Data will be retained for a period of 14 days from such termination within which You may contact Us to export Service Data (“Data Retention Period”). Beyond such Data Retention Period, We shall delete all Service Data in the normal course of operation. Service Data cannot be recovered once it is deleted. Further, when Service Data is migrated from one data center to another upon Your request, We shall delete Service Data from the original data center after 14 days from such migration.
b. Charges: If You terminate Your Account prior to the end of Your then-effective Subscription Term or We effect such termination, in addition to other amounts You may owe Us, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term, unless waived by Us in writing. This amount will not be payable by You in the event You terminate Your subscription to the Service(s) or terminate Your Account as a result of a material breach of these Terms by Us, provided that You provide advance notice of such breach to Us and afford Us not less than thirty (30) days to reasonably cure such breach.
K. Personal Information, Privacy, Confidentiality
K.1 Personal Information and Privacy
Personal information you provide to Platina through the Service is governed by Platina Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Platina Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to accounts@platinasoft.com or by calling us on any of the numbers listed on https://www.platinasoft.com.com/contact-us/. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
K.2 Data Privacy, Security, Confidentiality
1. If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions of these Terms.
2. Confidentiality obligations: Each of us will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each of us protects our own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use the other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this sub-section shall supersede any non-disclosure agreement by and between You and Us entered prior to these Terms that would purport to address the confidentiality of Service Data and such agreement shall have no further force or effect with respect to Service Data.
3. Security of Service Data: We use appropriate technical and organizational measures to protect the Service Data that we Process. The measures we use are designed to provide a level of security appropriate to the risk of Processing your Service Data.
4. You understand that We shall Process Service Data in accordance with Applicable Data Privacy Laws and where applicable, the Data Processing Addendum which are incorporated into these Terms by reference and in accordance with Our Privacy Notice. You acknowledge and agree that We may also access or disclose information about You, Your Account, Users or End-Users, including Service Data, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect Platina or Our customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Service(s); (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation. Further, at Our sole discretion, any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities.
K.3 Data Migration
During Your Subscription Term, You may request Us to import data into Your Account ("Data Migration"). You hereby understand and acknowledge that We may access and process Your data in connection with providing You support during such Data Migration.L. Content
L.1 User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Platina will have the right to block access to or remove such content made available by you if Platina receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Platina for this purpose.
For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, click here.
If you wish to protest any blocking or removal of content by Platina, you may do so in the manner provided here.
L.2 Sample Files and Applications
Platina may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Platina makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.M. Intellectual Property Rights, Trademarks
M.1 Intellectual Property Rights
1. Ownership of IPR: Except for the rights granted to You under Section 1, all rights, title and interest in and to all Our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Service(s), including the Websites, and any part of it (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with Us. We are the owner or the licensee of all Intellectual Property Rights in Our Websites, and the content or material published on it. Those works are protected by copyright laws and treaties around the world. You must not use any part of the content on Our Websites for commercial purposes without obtaining a license to do so from Us or Our licensors. Further, We claim no intellectual property rights over the content You upload or provide to the Service(s).
2. Grant of License to Us: We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service(s) or Websites or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You.
3. Grant of License to You: Our product and service names, and logos used or displayed on the Service(s) or Websites are Our registered or unregistered trademarks (collectively, “Marks”), and You may only use such Marks to identify You as a user of the Service(s) You have subscribed to.
4. Reservation of Rights: All rights not expressly provided to You herein are reserved.
M.2 Trademarks
Platina, Platina logo, the names of individual Services and their logos are trademarks of PLATINA. You agree not to display or use, in any manner, the Platina trademarks, without Platina’s prior permission.N. Warranties and Liability
N.1 DISCLAIMER OF WARRANTIES
THE WEBSITES AND THE SERVICE(S), INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICE(S) OR WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND YOU FURTHER ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE SERVICE(S), WHICH IS PROVIDED OVER INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
THE CONTENT ON OUR WEBSITES IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR WEBSITES. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE SERVICE(S) OR WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
N.2 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY,NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICE(S), WILL BE LIMITED TO AN AMOUNT EQUAL TO THE LOWER OF (A) TWELVE MONTHS OF THE SUBSCRIPTION CHARGES FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES; OR (B) THE SUBSCRIPTION CHARGES PAID BY YOU, FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT TO PROVIDE YOU WITH THE RIGHTS TO ACCESS AND USE THE SERVICE(S) IN ACCORDANCE WITH SECTION 1, WE HAVE LIMITED OUR POTENTIAL LIABILITY AND ALLOCATED RISKS BASED ON THE SUBSCRIPTION CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN.
IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.O. INDEMNIFICATION
1. If use of the Service(s) by You has become, or in Our opinion is likely to become, the subject of any IP Claim (defined below), We may at Our own option and expense (a) procure for You the right to continue using the Service(s) as set forth hereunder; (b) replace or modify the Service(s) to make it non-infringing; or (c) if options (a) or (b) are not commercially and reasonably practicable as determined by Us, terminate Your subscription to the Service(s) and repay You, on a pro-rated basis, any Subscription Charges You have previously paid Us for the corresponding unused portion.
2. Indemnification by Us: Subject to Your compliance with these Terms, We will indemnify and hold You harmless, from and against any claim brought against You by a third party alleging that the Service(s) You subscribed to infringes or misappropriates such third party’s valid patent, copyright, or trademark (an “IP Claim”). We shall, at Our expense, defend such IP Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys, provided that (a) You promptly notify Us of the threat or notice of such IP Claim; (b) We have or will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such IP Claim; and (c) You fully cooperate with Us in connection therewith. We will have no liability or obligation with respect to any IP Claim if such claim is caused in whole or in part by (i) compliance with designs, data, instructions or specifications provided by You; (ii) modification of the Service(s) by anyone other than Us; or (iii) the combination, operation or use of the Service(s) with other hardware or software where the Service(s) would not by themselves be infringing.
3. Sections 14.1 and 14.2 state Our sole, exclusive and entire liability to You and constitute Your sole remedy with respect to an IP Claim brought by reason of access to or use of the Service(s) by You.
4. Indemnification by You: You will indemnify and hold the Company harmless against any claim brought by a third party against Us, and their respective employees, officers, directors and agents arising from or related to use of the Service(s) by You in breach of these Terms or matters which You have expressly agreed to be responsible pursuant to these Terms; provided that We promptly notify You of the threat or notice of such a claim.P. Assignment, Entirety, Severability, Survival
P.1 Assignment
You shall not, directly or indirectly, assign all or any Your rights under these Terms or delegate performance of Your duties under these Terms without Our prior written consent. We may, without Your consent, assign Our agreement with You under these Terms in connection with any merger or change of Our control or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
P.2 Entire Agreement
These Terms, together with any Form(s) and Supplemental Terms, constitute the entire agreement, and supersede any and all prior agreements between You and Us with regard to the subject matter hereof. These Terms and any Form(s) shall prevail over the terms or conditions in any purchase order or other order documentation You or any Entity You represent provides (all such terms or conditions being null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof. In the event of a conflict between any Form and these Terms, these Terms shall prevail.
P.3 Severability, No Waiver
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of the Terms.
P.4 Survival of Terms
Sections “Responsibilities”, “Intellectual Property Rights, Trademarks”, “Billing, Plan Modification and Payments”, “Suspension and Termination”, “Data Privacy and Security; Confidentiality”, “Disclaimer of Warranties”, “Limitation of Liability”, “Indemnification”,
“Survival”, “Notices; Consent to electronic communication” and “Governing Law and Dispute Resolution” shall survive any termination of Our agreement with respect to use of the Service(s) by You. Termination of such agreement shall not limit Your or Our liability for obligations accrued as of or prior to such termination or for any breach of these Terms.Q. Miscellaneous
Q.1 Modifications
We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. Please read these Terms of use carefully before You start to use Our Service(s) or Websites, as these will apply to Your use of the Service(s) and Our Websites. Please check these Terms from time to time to take notice of any changes We made, as they will be binding on You. We will notify You not less than ten (10) days prior to the effective date of any amendments to these terms of service and Your continued use of the Service(s) following the effective date of any such amendment may be relied upon by Us as Your acceptance of any such amendment. With respect to amendments only to the Supplemental Terms, We will notify You as aforementioned only if the Supplemental Terms are applicable to You. Our failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.
Q.2 Anti-Corruption
You agree that You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with these Terms. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Us at legal@platinasoft.com.
Q.3 EXPORT COMPLIANCE AND USE RESTRICTIONS
The Service(s) and other Software or components of the Service(s) which We may provide or make available to You or Users may be subject to Indian (or other territories) export control and economic sanctions laws. You agree to comply with all such laws and regulations as they relate to access to and use of the Service(s), Software and such other components by You and Users. You shall not access or use the Service(s) if You are located in any jurisdiction in which the provision of the Service(s), Software or other components is prohibited under Indian or other applicable laws or regulations (a “Prohibited Jurisdiction”) and You shall not provide access to the Service(s) to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (i) You are not named on any Indian government (or other government) list of persons or entities prohibited from receiving Indian exports, or transacting with any Indian person, (ii) You are not a national of, or a company registered in, any Prohibited Jurisdiction, (iii) You shall not permit Users to access or use the Service(s) in violation of any Indian or other applicable export embargoes, prohibitions or restrictions, and (iv) You shall comply with all applicable laws regarding the transmission of technical data exported from India and the country in which You and Your Users are located. For general understanding, this Service(s) is a “Commercial Item”, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”.
Q.4 Relationship between Parties
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.R. Communication
R.1 Notices; Consent to Electronic Communications
1. All notices to be provided by Us to You under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or National Postal mail to the contact mailing address provided by You on any signup form while subscribing to the Service(s); or (ii) electronic mail to the e-mail address provided for Your Account.
2. Our address for a notice to Us in writing by Courier or National Mail is: Platina Software Pvt. Ltd, #823, Pearls Omaxe Tower, Netaji Subhash Place, Pitampura, Delhi 110034 with a CC to legal@platinasoft.com by electronic mail. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, three (3) business days after being deposited in the mail or with a Courier as permitted above.
R.2 Communications from Us
Apart from the communications specified in Our Privacy Notice, We may contact You directly via e-mail to notify You if
• You are in violation of these Terms;
• A specific activity or purpose is prohibited with respect to the Service(s), so that You immediately cease use of the Service(s) for such prohibited activity or purpose; or
• You maintain an exceptionally high number of Users, an unusually high monthly ticket ratio per Users, an unusually high level of open tickets or other excessive stress on the Service(s).S. Governing Law and Dispute Resolution
1. These Terms shall be governed by the laws of the state of New Delhi, India without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive jurisdiction of the courts of the State of New Delhi, India, for the purpose of resolving any dispute relating to the Terms or Your access to or use of the Service(s).
2. Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules in New Delhi, India before three arbitrators. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Platina may at any time seek injunctions or other forms of equitable relief from any court of appropriate jurisdiction.T. DEFINITIONS
When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
Account: means any accounts or instances created by or on behalf of You for access and use of any of the Service(s).
Affiliate: means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.
Agent: means an individual authorized to use the Service(s) through Your Account for such Service(s) as an agent and/or administrator as identified through a User Login.
API: means the application programming interfaces developed, enabled by or licensed to Us that permits a User to access certain functionality provided by the Service(s).
API Policies: means the policies published on the Websites (as specified below) that govern the use of APIs, as updated from time to time.
SERVICE(S) WEBSITES
ResumeMill https://www.platinasoft.com/resumemill
Confidential Information: means all information disclosed by You to Us or by Us to You which is in tangible form and labelled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Service Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records prior to the time of disclosure; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession; or (f) is required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.
Documentation: means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Service(s) provided or made available by Us to You or Your Users through the Service(s) or otherwise.
End-User: means any person or entity other than You or Your Users with whom You interact using the Service(s).
Form: means any service order form referencing these Terms and executed or approved by You and Us with respect to Your subscription to the Service(s), which form may detail, among other things, the number of Users authorized to use the Service(s) under Your subscription to the Service(s) and the Service Plan(s) applicable to Your subscription to the Service(s).
Talenture RS: means the on-demand recruitment solution provided by Us for Recruiting and Staffing agencies. Its Website is https://www.platinasoft.com/talenturers.
Talenture IH: means the on-demand talent acquisition solution provided by Us for corporate internal hiring. Its Website is https://www.platinasoft.com/talentureih.
RBox: means the on-demand candidate and profile management software provided by Us. Its Website is https://www.platinasoft.com/rbox
ResumeMill means the resume parsing web-service provided by Us. Its website is https://www.platinasoft.com/resumemill .
Group Companies: means Platina Software Pvt. Ltd. together with its Affiliates.
Mobile Applications: mean the software applications created, developed and owned by Us to enable access and use of the Service(s) through mobile or other handheld devices (such as apps on iOS or Android devices).
Personal Data: means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller (as defined under Applicable Data Protection Law).
Privacy Notice: means Our privacy notice at https://www.platinasoft.com/privacy-policy as updated from time to time.
Processing/To Process: means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
Service Data: means all electronic data, text, messages or other materials, including Personal Data of Users and End-Users, submitted to the Service(s) by You through Your Account in connection with Your use of the Service(s), including, without limitation, Personal Data.
Service(s): mean and include Talenture RS, Talenture IH, RBox, ResumeMill, any new services that We may introduce as a Service to which You may subscribe to and any updates, modifications or improvements to the Service(s), including individually and collectively, Software, the API and any Documentation. You may subscribe to one or more of the Service(s). They may be subject to separate and distinct Service Plans.
Service Plan(s): means the pricing plan(s) and the functionality and services associated therewith (as detailed on the Websites) for which You subscribe with respect to any User.
Software: means software provided by Us (either by download or access through the internet) that allows You to use any functionality in connection with the Service(s) and includes a Mobile Application.
Subscription Term: means the period during which You have agreed to subscribe to the Service(s) with respect to any individual User.
Supplemental Terms: means the Service(s) - specific terms set forth in section 24 below, additionally applicable to You when You enable, access or use such Service.
Us: means Platina Software Pvt. Ltd. a company registered in the state of New Delhi, India, or any of its successors or assignees. In these Terms, Us may also be referred to as “We”, and “Our”.
User: means those who are designated users within the Service(s), including an Account administrator, Agents and other designated users.
Websites: means the websites for various Service(s) and other websites that Platina operates.U. SUPPLEMENTAL TERMS
The Supplemental Terms below may contain terms that are specific to one or more Service(s). For avoidance of doubt, in the event of a conflict or inconsistency between the rest of the Terms and these Supplemental Terms, these Supplemental Terms shall prevail.
U.1 COMMON SUPPLEMENTAL TERMS
Below are the terms which are related to which are available through multiple services and subscription plans.
a. FOR USE OF APPS, INTEGRATIONS; MODIFICATION OF EXISTING FEATURES & NEW FEATURE RELEASE
You acknowledge that (i) when You install any of the Apps or enable integrations or (ii) where (a) a feature is modified or (b) a new feature is released within the Service(s), You may be shown additional terms governing their usage. Your continued usage of such Apps or integrations or such features may be relied upon by Us as Your acceptance of such additional terms.
U.2 PRODUCT SPECIFIC SUPPLEMENTAL TERMS
Below are the terms which are related to specific services.
U.2.1 FOR USE OF TALENTURE IH
1. USING TALENTURE IHU.2.2 FOR USE OF TALENTURE RS
You acknowledge and agree that You will access and use Talenture IH only for Your internal business purposes and that You will not provide any third party with access to Talenture IH through Your Account.2. TALENTURE IH DATA
“Talenture IH Data” means any data that is collected from Your Users and Candidates through Your Account in connection with Your use of the Service, including but not limited to the following:3. DATA RETENTION
a) Directory. Contact Information, such as name, email address, mailing address, phone number, date of birth, gender of the Users collected at the time of creation of user profile. Subject to the Service Plan to which You have subscribed, You may have the option to collect additional information, including sensitive or personal information, from Users. The Service allows the Users to modify, rectify and update their personal data within the Service
b) Application Form. Candidates’ contact information, such as name, email address, mailing address, phone number, links to Candidates’ social networking profiles or any custom field that You may add to the form to be filled by Candidates at the time of submitting their resumes.
We strongly recommend that You export all Service Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us:4. FOR USE OF RESUME PARSING FEATURE
3.1 If You have subscribed to a paid Plan, Service Data will be retained for a period of 30 days (“Data Retention Period”) from such termination within which You may contact Us to export Service Data. Beyond this Data Retention Period, We reserve the right to delete all Service Data in the normal course of operation. Service Data cannot be recovered once it is deleted.
3.2 If You have signed-up to the Service but not activated Your Account within 30 days from such sign-up, We reserve the right to delete Your Account immediately upon the expiry of the aforementioned 30 days.
Resume Parsing functionality is included in some of subscription plans of the Service. You acknowledge that such functionality is never 100% accurate, and that the results of such a functionality can have accuracy and formatting mistakes of varying degrees depending on the format, style and content of the resume. We are not responsible for any loss or damage to you or to any third party incurred as a result of such inaccuracies and mistakes in the information extracted through parsing.5. If any Candidate shares Personal Data with You through the Service, You acknowledge that different techniques including Resume Parsing are used to enhance, refine or otherwise improve the information and to extract relevant information from the data shared. The results derived are displayed and analysed in the product in different places. You understand that the analysis presented is based on the accuracy of the data shared or derived and We shall not be liable to You for any inability to use or interpret the analysis.
You further understand that there may be delays in resume parsing depending on processing load on the servers.
6. FOR USE OF CANDIDATE PRIORITIZATION
There are certain logics which prioritize candidates in search and other places on the basis of different parameters stored in the candidate records. You acknowledge that a lot of this data is calculated using artificial intelligence, hard coded rules and approximation algorithms, and there can be mistakes in such prioritization. We are not responsible for any loss or damage to you or to any third party incurred as a result of such mistakes.7. FOR USE OF EMAIL FEATURE
We may use one or more service providers for delivery of email from the Service. We are not responsible for any loss or damage to you or to any third party incurred as a result of any non-delivery or delayed delivery of such email.8. FOR USE OF MASS MAIL FEATUREWe may use one or more service providers for delivery of mass mail from application. We are not responsible for any loss or damage to you or to any third party incurred as a result of any non-delivery or delayed delivery of such email.9. FOR USE OF AUTOMATIC MASS MAIL FEATUREAutomatic mass mail engine runs on the basis of data values that are stored in different fields in your database, and some of these are calculated on the basis of the output of resume parsing engine and internal rules for approximating values. We are not responsible for any loss or damage to you or to any third party incurred as a result of such a mail getting sent to a wrong email address, on the wrong date, or addressed in a wrong way.10. POSTING OF JOB VACANCIESWe allow you to post your job vacancies to a select set of social and job board sites. In the event You choose to include Personal Data in such posts, You agree that We have no control over how such third parties handle Your Personal Data and that We are not responsible for any loss or corruption of such Personal Data.11. FOR POSTING TO THIRD PARTY SITESThird Party Platforms. If a Candidate shares Personal Data with you through Your Account, You shall be solely responsible for such Personal Data whether it is publicly posted or privately transmitted through Your Account, on third party platforms such as Facebook, Twitter, and LinkedIn (“Third Party Platforms”). These Third Party Platforms are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Platforms and that We are not responsible for your access or use of these Third Party Platforms, or for any loss or corruption of Service Data, or for any costs or expenses associated with backing up or restoring any of Service Data, or any claims, losses, expenses, costs or damages arising from such use of the Third Party Platforms.12. DEFINITIONSCandidates: means any person or entity other than You or Your Users with whom You interact using the Talenture IH and who have submitted their resumes to You through Your Account with the Service.
Users: as defined in the Terms shall be deemed to also include Your employees and persons external to your organization whom you give access to your account;
Service Data: as defined in the Terms shall be deemed to include Talenture IH Data.
1. USING TALENTURE RSU.2.3 FOR USE OF RBOXYou acknowledge and agree that You will access and use Talenture RS only for Your internal business purposes and that You will not provide any third party with access to Talenture RS through Your Account.2. TALENTURE RS DATA
“Talenture RS Data” means any data that is collected from Your Users and Candidates through Your Account in connection with Your use of the Service, including but not limited to the following:3. DATA RETENTION
a) Directory. Contact Information, such as name, email address, mailing address, phone number, date of birth, gender of the Users collected at the time of creation of user profile. Subject to the Service Plan to which You have subscribed, You may have the option to collect additional information, including sensitive or personal information, from Users. The Service allows the Users to modify, rectify and update their personal data within the Service
b) Application Form. Candidates’ contact information, such as name, email address, mailing address, phone number, links to Candidates’ social networking profiles or any custom field that You may add to the form to be filled by Candidates at the time of submitting their resumes.
We strongly recommend that You export all Service Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us:4. FOR USE OF RESUME PARSING FEATURE
3.1 If You have subscribed to a paid Plan, Service Data will be retained for a period of 30 days (“Data Retention Period”) from such termination within which You may contact Us to export Service Data. Beyond this Data Retention Period, We reserve the right to delete all Service Data in the normal course of operation. Service Data cannot be recovered once it is deleted.
3.2 If You have signed-up to the Service but not activated Your Account within 30 days from such sign-up, We reserve the right to delete Your Account immediately upon the expiry of the aforementioned 30 days.Resume Parsing functionality is included in some of subscription plans of the Service. You acknowledge that such functionality is never 100% accurate, and that the results of such a functionality can have accuracy and formatting mistakes of varying degrees depending on the format, style and content of the resume. We are not responsible for any loss or damage to you or to any third party incurred as a result of such inaccuracies and mistakes in the information extracted through parsing.5. If any Candidate shares Personal Data with You through the Service, You acknowledge that different techniques including Resume Parsing are used to enhance, refine or otherwise improve the information and to extract relevant information from the data shared. The results derived are displayed and analysed in the product in different places. You understand that the analysis presented is based on the accuracy of the data shared or derived and We shall not be liable to You for any inability to use or interpret the analysis.
You further understand that there may be delays in resume parsing depending on processing load on the servers.
6. FOR USE OF CANDIDATE PRIORITIZATIONThere are certain logics which prioritize candidates in search and other places on the basis of different parameters stored in the candidate records. You acknowledge that a lot of this data is calculated using artificial intelligence, hard coded rules and approximation algorithms, and there can be mistakes in such prioritization. We are not responsible for any loss or damage to you or to any third party incurred as a result of such mistakes.7. FOR USE OF EMAIL FEATUREWe may use one or more service providers for delivery of email from the Service. We are not responsible for any loss or damage to you or to any third party incurred as a result of any non-delivery or delayed delivery of such email.
8. FOR USE OF MASS MAIL FEATUREWe may use one or more service providers for delivery of mass mail from application. We are not responsible for any loss or damage to you or to any third party incurred as a result of any non-delivery or delayed delivery of such email.
9. FOR USE OF AUTOMATIC MASS MAIL FEATUREAutomatic mass mail engine runs on the basis of data values that are stored in different fields in your database, and some of these are calculated on the basis of the output of resume parsing engine and internal rules for approximating values. We are not responsible for any loss or damage to you or to any third party incurred as a result of such a mail getting sent to a wrong email address, on the wrong date, or addressed in a wrong way.10. POSTING OF JOB VACANCIES
We allow you to post your job vacancies to a select set of social and job board sites. In the event You choose to include Personal Data in such posts, You agree that We have no control over how such third parties handle Your Personal Data and that We are not responsible for any loss or corruption of such Personal Data.
11. FOR POSTING TO THIRD PARTY SITESThird Party Platforms. If a Candidate shares Personal Data with you through Your Account, You shall be solely responsible for such Personal Data whether it is publicly posted or privately transmitted through Your Account, on third party platforms such as Facebook, Twitter, and LinkedIn (“Third Party Platforms”). These Third Party Platforms are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Platforms and that We are not responsible for your access or use of these Third Party Platforms, or for any loss or corruption of Service Data, or for any costs or expenses associated with backing up or restoring any of Service Data, or any claims, losses, expenses, costs or damages arising from such use of the Third Party Platforms.
12. DEFINITIONSCandidates: means any person or entity other than You or Your Users with whom You interact using the Talenture RS and who have submitted their resumes to You through Your Account with the Service.
Users: as defined in the Terms shall be deemed to also include Your employees and persons external to your organization whom you give access to your account;
Service Data: as defined in the Terms shall be deemed to include Talenture RS Data.
1. USING RBOXU.2.4 FOR USE OF RESUMEMILL
You acknowledge and agree that You will access and use RBox only for Your internal business purposes and that You will not provide any third party with access to RBox through Your Account.2. RBOX DATA
“RBox Data” means any data that is collected from Your Users and Candidates through Your Account in connection with Your use of the Service, including but not limited to the following:3. DATA RETENTION
a) Directory. Contact Information, such as name, email address, mailing address, phone number, date of birth, gender of the Users collected at the time of creation of user profile. Subject to the Service Plan to which You have subscribed, You may have the option to collect additional information, including sensitive or personal information, from Users. The Service allows the Users to modify, rectify and update their personal data within the Service
b) Application Form. Candidates’ contact information, such as name, email address, mailing address, phone number, links to Candidates’ social networking profiles or any custom field that You may add to the form to be filled by Candidates at the time of submitting their resumes.
We strongly recommend that You export all Service Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us:4. FOR USE OF RESUME PARSING FEATURE
3.1 If You have subscribed to a paid Plan, Service Data will be retained for a period of 30 days (“Data Retention Period”) from such termination within which You may contact Us to export Service Data. Beyond this Data Retention Period, We reserve the right to delete all Service Data in the normal course of operation. Service Data cannot be recovered once it is deleted.
3.2 If You have signed-up to the Service but not activated Your Account within 30 days from such sign-up, We reserve the right to delete Your Account immediately upon the expiry of the aforementioned 30 days.
Resume Parsing functionality is included in some of subscription plans of the Service. You acknowledge that such functionality is never 100% accurate, and that the results of such a functionality can have accuracy and formatting mistakes of varying degrees depending on the format, style and content of the resume. We are not responsible for any loss or damage to you or to any third party incurred as a result of such inaccuracies and mistakes in the information extracted through parsing.5. If any Candidate shares Personal Data with You through the Service, You acknowledge that different techniques including Resume Parsing are used to enhance, refine or otherwise improve the information and to extract relevant information from the data shared. The results derived are displayed and analysed in the product in different places. You understand that the analysis presented is based on the accuracy of the data shared or derived and We shall not be liable to You for any inability to use or interpret the analysis.
You further understand that there may be delays in resume parsing depending on processing load on the servers.
6. FOR USE OF CANDIDATE PRIORITIZATIONThere are certain logics which prioritize candidates in search and other places on the basis of different parameters stored in the candidate records. You acknowledge that a lot of this data is calculated using artificial intelligence, hard coded rules and approximation algorithms, and there can be mistakes in such prioritization. We are not responsible for any loss or damage to you or to any third party incurred as a result of such mistakes.7. FOR USE OF EMAIL FEATUREWe may use one or more service providers for delivery of email from the Service. We are not responsible for any loss or damage to you or to any third party incurred as a result of any non-delivery or delayed delivery of such email.8. FOR USE OF MASS MAIL FEATUREWe may use one or more service providers for delivery of mass mail from application. We are not responsible for any loss or damage to you or to any third party incurred as a result of any non-delivery or delayed delivery of such email.9. FOR USE OF AUTOMATIC MASS MAIL FEATUREAutomatic mass mail engine runs on the basis of data values that are stored in different fields in your database, and some of these are calculated on the basis of the output of resume parsing engine and internal rules for approximating values. We are not responsible for any loss or damage to you or to any third party incurred as a result of such a mail getting sent to a wrong email address, on the wrong date, or addressed in a wrong way.10. FOR POSTING TO THIRD PARTY SITESThird Party Platforms. If a Candidate shares Personal Data with you through Your Account, You shall be solely responsible for such Personal Data whether it is publicly posted or privately transmitted through Your Account, on third party platforms such as Facebook, Twitter, and LinkedIn (“Third Party Platforms”). These Third Party Platforms are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Platforms and that We are not responsible for your access or use of these Third Party Platforms, or for any loss or corruption of Service Data, or for any costs or expenses associated with backing up or restoring any of Service Data, or any claims, losses, expenses, costs or damages arising from such use of the Third Party Platforms.11. DEFINITIONSCandidates: means any person or entity other than You or Your Users with whom You interact using the RBox and who have submitted their resumes to You through Your Account with the Service.
Users: as defined in the Terms shall be deemed to also include Your employees and persons external to your organization whom you give access to your account;
Service Data: as defined in the Terms shall be deemed to include RBox Data.
1. FIELDS IN PARSED DATA
ResumeMill parses a set of candidate data fields which may change over time. Some of these fields may not be permissible to be stored or used in the context of your integrated application. You acknowledge that you are solely responsible for the data fields used or stored in your application.2. PARSING ACCURACY LIMITATIONS
You acknowledge that such a functionality is never 100% accurate, and that the results of such a functionality can have accuracy and formatting mistakes of varying degrees depending on the format, style and content of the resume.
We are not responsible for any loss or damage to you or to any third party incurred as a result of such inaccuracies and mistakes in the information extracted through parsing.
3. FORMATS PARSED
New document storage formats evolve over time, and Platina does not make any commitments with regards to whether it would implement the parsing of such new formats, and if it decides to do it, what the time-frame for such an implementation will be.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at legal@platinasoft.com.