Teamable Recruiting Terms of Service

Last updated: July 01, 2015

Welcome, and thank you for your interest in using Teamable’s web-based recruiting services. These terms of service (the “Terms”) govern your access to and use of Teamable Inc.’s and its affiliates’ (“Teamable”, the “Company”, “we”, “us” or “our”) Web sites and the related Teamable Recruiting applications and services offered by the Company and the “Teamable” applications and services that are accessible via the Company Web site or through Google Play™ or the Apple iTunes App StoreSM (the “Teamable Recruiting Services” or our “Services”). The Teamable Services Privacy Policy is hereby incorporated by reference. By accepting these Terms, either by clicking a box indicating your acceptance, accessing or using the Teamable Recruiting Services, or by executing an order form that references these Terms (an “Order Form”), you agree to all of the terms set forth herein. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. You may use the Services only in accordance with these Terms.

You may use the Services only if you have the legal power and capacity to form a contract with the Company. The Services will continue to evolve as we refine features and functionality. We may terminate, suspend, or modify the Services, in general or with respect to you, from time to time without cause or prior notice. We may also delete any content or data from the Services at our discretion.

If you have entered into or enter into a master subscription agreement with Teamable Inc. for Resource Management Services, that master subscription agreement shall not apply to the Teamable Recruiting Services, and unless otherwise specified under the MSA, Teamable Recruiting Services shall not be considered a service or product or part of any service or product under such master subscription agreement, unless otherwise expressly agreed in writing by us.

You may not access the Teamable Recruiting Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Teamable Recruiting Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Free Trial

If you register on our website for a free trial, we will make one or more services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the Teamable Recruiting Services, or (b) the start date of any purchased service subscriptions ordered by you for the Teamable Recruiting Service. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into these Terms by reference and are legally binding.

IF YOU ELECT TO USE THE TEAMABLE RECRUITING SERVICES FOR THE TRIAL PERIOD AND DO NOT PURCHASE A SUBSCRIPTION BEFORE THE END OF THE TRIAL PERIOD, YOUR TRIAL SUBSCRIPTION FOR THE TEAMABLE RECRUITING SERVICES WILL EXPIRE AT THE END OF THE TRIAL PERIOD AND SHALL NOT AUTO-RENEW. ANY DATA ENTERED INTO THE TEAMABLE RECRUITING SERVICES BY YOU OR RECEIVED BY YOU IN CONNECTION WITH YOUR USE OF THE TEAMABLE RECRUITING SERVICES, AND ANY CUSTOMIZATIONS THAT MAY BE MADE TO THE TEAMABLE RECRUITING SERVICES BY YOU DURING THE FREE TRIAL PERIOD, WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE TEAMABLE RECRUITING SERVICES BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, DURING THE FREE TRIAL THE TEAMABLE RECRUITING SERVICES ARE PROVIDED “AS-IS”, “AS-AVAILABLE”, WITHOUT ANY WARRANTY OR SUPPORT WHATSOEVER.

Your Data

In order to use our Teamable Recruiting Services you must link a 3rd party email account to your Teamable Recruiting Services account. You will also have the option to import and update versions of your social media contacts and email addressbooks, and you can later choose to upload files to or provide comments through the Teamable Recruiting Services. This data, along with any electronic data and information submitted by or for you to the Teamable Recruiting Services, including electronic data and information submitted by or for you through your use of third party applications, or collected and processed by or for you using the Teamable Recruiting Services (excluding information obtained by the Company from our content licensors or publicly available sources and provided to you, or otherwise provided by the Company to you in connection with the Teamable Recruiting Services) is referred to as “Your Data.” You retain full ownership to Your Data. We do not claim any ownership to any of it. You grant the Company a worldwide, perpetual license to host, copy, transmit and display Your Data as necessary for the Company to provide the Teamable Recruiting Services in accordance with these Terms. You also grant to the Company a royalty-free, perpetual, worldwide, transferable, sublicensable license to transfer Your Data to third party service providers used by the Company in providing the Teamable Recruiting Services.

You are solely responsible for your conduct, the content of Your Data and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have all rights and permissions needed to comply with these Terms and to avoid infringement or violation of any rights of others. You will be responsible for your users’ compliance with these Terms and will use commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify us promptly of any such unauthorized access or use.

You acknowledge that the Company has no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content you may be able to access using the Services.

If you install or enable any third-party application for use with the Teamable Recruiting Services (e.g., Google, Facebook), you grant us permission to allow the provider of that application to access Your Data as required for the interoperation of that third-party application with the Teamable Recruiting Service. We are not responsible for any disclosure, modification or deletion of Your Data resulting from access by a third-party application.

Sharing your Data and your Privacy

Subject to the limited exceptions specified in our Privacy Policy, all of Your Data remains visible only to you and those employees or agents in your organization designated as hiring leaders or recruiters. Teamable cannot be responsible for what those other users do with Your Data, so please carefully consider what you share and with whom you share it.

We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data as described in our Privacy Policy. We do not guarantee that Your Data will be free from loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction. You acknowledge that it is your responsibility to use a secure encrypted connection if you wish to protect Your Data when you are transmitting it to us and to keep your own backup copies of Your Data. You are solely responsible for protecting your passwords, limiting access to your computers and devices, and signing out of the Teamable Recruiting Services when you are not using them.

Your responsibilities

Information and content accessible through the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share any information or content unless you have the right to do so. You, not the Company, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service, or use the Service to spam others.

You, and not the Company, are responsible for maintaining and protecting all of Your Data. The Company will not be liable for any loss or corruption of Your Data, or for any costs, fees, or expenses associated with backing up or restoring any of Your Data.

If any information related to your account changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.

You shall pay all fees for the Teamable Recruiting Services as specified in the payment section of the Teamable Recruiting Services, Website, or Order Form, if applicable. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever. You are responsible for paying all taxes associated with your purchases. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.

Software and Updates

Some parts of our Service require you to download a client software package (“Software”). Subject to these Terms, the Company hereby grants you a limited, nonexclusive, nontransferable, non sublicensable, revocable license to use the Software, solely to access the Services. This license will be automatically revoked if you violate these Terms. We reserve all rights not explicitly granted in these Terms. You must not attempt to reverse engineer the Software or encourage or assist anyone else to do so; however, this restriction will not prohibit reverse engineering for interoperability in the European Union to the extent European Union law forbids such a restriction. The Services may automatically update the Software on your device when a new version becomes available. Subject to the limited rights expressly granted hereunder, we and our licensors reserve all of our/their right, title and interest in and to the Teamable Recruiting Services and Software, including all of our/their related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

Feedback

While we appreciate it when and encourage users to send us feedback, please be aware that we (or others we authorize) may use in any manner any feedback, comments, or suggestions you post in our forums or otherwise provide without any obligation to you.

Logo Usage

You agree that Teamable may use your name and logo on the website located at www.teamable.com and for the purposes of marketing the Service

Copyright Policy

Teamable respects intellectual property rights of others and asks that you do as well. We will respond to notices of alleged copyright infringement that comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. Without limiting any other rights we may have, we may delete or disable access to content that is alleged to be infringing and terminate repeat infringers. Any notice of alleged copyright infringement on the Services should be sent to:

Teamable Inc.

425 Broadway Street Redwood City, CA 94063

team@teamable.com

Attn: Legal Department, DMCA Complaint

Other Content

The Services may contain links to websites or resources of others. We do not endorse and are not responsible or liable for their accuracy, availability, content, products, services or anything else. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that conflict with these Terms, in which case the open source provisions will apply with respect to the code to which those provisions apply.

Termination

You can stop using our Services any time and we reserve the right to suspend or end the Services to you in whole or part at any time, with or without cause, and with or without notice, without incurring liability of any kind. Without limitation, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that may cause us legal liability or disrupt others’ use of the Teamable Recruiting Services or damage to our business or reputation, or for any other reason. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate your account and access to the Teamable Recruiting Services immediately. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to Your Data that is stored with the Service.

No Warranty

WE TRY TO PROVIDE A GREAT SERVICE, HOWEVER, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONTENT IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. TEAMABLE DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY PROVIDERS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TEAMABLE OR EITHER OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT TEAMABLE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO TEAMABLE FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. SOME STATES DO NOT ALLOW THE TYPES OF LIMITATIONS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. We will notify you of any change (for example via email to the email address associated with your account or by a notification when you sign in or by some other method). By continuing to access or use the Services after revisions become effective, you are agreeing to be bound by the revised Terms. If you do not agree to the new terms, simply don’t use the Service after the change is effective, in which case the change will not apply to you.

Miscellaneous Legal Terms

These terms and the use of the services and software will be governed by California law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the federal or state courts in San Francisco, California, and both parties consent to venue and personal jurisdiction there. These Terms constitute the entire and exclusive agreement between you and the Company with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. The Company’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted to reflect our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void. The Company may, without notice to you, assign its rights and obligations to any of its affiliates or subsidiaries, or to any successor in interest of any business or assets associated with the Services. Except as otherwise set forth in these Terms, you should direct any legal notice in connection with the Teamable Recruiting Services to Teamable Inc, 425 Broadway Street, Redwood City, CA 94063