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Terms and Conditions

Effective Date: October 7, 2024

Introduction

www.prohiring.dev is a service brought to you by Prohiring. These Terms and Conditions govern all content, services and/or products available on or through our website and applications (collectively, the “Prohiring Services”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE PROHIRING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PROHIRING SERVICES.

Entering into these Terms & Conditions with Prohiring

The use of the Prohiring Services is subject to acceptance of these Terms and Conditions. These Terms constitute the entire agreement between you and us and governs your use of the Prohiring Services, superseding any prior agreements between you and us. To accept these Terms and Conditions, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age. In the case of a legal entity, the entity must be duly incorporated and in good standing in its jurisdiction of domicile and the person accepting must have the corporate authority to accept these Terms and Conditions.

You may not, without Prohiring’s prior written consent, access the Prohiring Services:

  • for reproduction purposes;

  • if you are a competitor of Prohiring;

  • to monitor the availability, performance or functionality of the Prohiring Services; or

  • for other benchmarking or competitive purposes.

Prohiring can terminate your use of the Prohiring Services for any of the above reasons, or any other reason, or no reason at all, at Prohiring’s sole discretion.

If you accessed Prohiring Services for the reasons stated above, Prohiring may take legal actions for compensation.

Modifications to Terms and Conditions

Prohiring reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Your continued use of the Prohiring Services after such changes have been posted constitutes your binding acceptance of such changes.

Such amended Terms and Conditions will automatically be effective upon the earlier of (i) your continued use of the Prohiring Services, or (ii) 30 days from posting of such modified Terms and Conditions on or through the website.

Using Prohiring services

Establishing an Account. Certain features, functions, parts or elements of the Prohiring Services can be used or accessed only by holders of an account. The person who wishes to create an account must:

  • complete the sign-up form; and

  • accept these Terms and Conditions.

  • Each customer may have only one account. If several persons need to use an account on behalf of a customer, the customer must designate such persons as additional users. The Customer and any user associated with an account must provide Prohiring with true, accurate, current, and complete information about the users and keep such information up to date. Each user shall be subject to the restrictions set forth in these Terms and Conditions.

  • If the customer has designated additional users, such users will be deemed to be authorized to act on behalf of the customer when using the account. Prohiring is not responsible for and shall have no liability for verifying the validity of the authorization of any user. If Prohiring is not certain if a user has been granted an authorization, Prohiring may, in its sole discretion, prevent such user from accessing the Prohiring Services.

Logging into an Account

Prohiring shall provide each customer with a username and password to be used to log into its account. These credentials must not be used by multiple persons.

If a customer has designated several users, each user will be provided with separate credentials. The customer and each of its users are responsible for keeping confidential all credentials associated with an account. The customer must promptly notify Prohiring:

  • of any disclosure, loss or unauthorized use of any login credentials;

  • of a user’s departure from the customer’s organization;

  • of a change in a user’s role in the customer’s organization;

  • of any termination of a user’s right for any reason.

Customer Data

If the customer uploads a set of data, such data and any processing of such data must be in compliance with these Terms and applicable law. All rights, title and interest in and to the customer data belong to the customer or third persons (including users, persons and organizations) whether posted and/or uploaded by the customer or made available on or through the Prohiring Services by Prohiring. By uploading customer data, the customer authorizes Prohiring to process the customer data. The customer is responsible for ensuring that:

  • The customer and any of the users associated with the account do not create, transmit, display or make otherwise available any customer data that violates the terms of these Terms and Conditions, the rights of Prohiring, other customers or users, persons or organizations or is harmful (for example viruses, worms, malware and other destructive codes), offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or otherwise unlawful; and

  • The customer and all of the users associated with the account have the necessary rights to use the customer data, including to process it.

  • No Guarantee of Accuracy.

No Guarantee of Accuracy

Prohiring strongly recommends that you think carefully about what you transmit, submit or post to or through the Prohiring Services.

You understand that all information contained in customer data is the sole responsibility of the person from whom such customer data originated.

This means that Customer, and not Prohiring, is entirely responsible for all customer data that is uploaded, posted, transmitted, or otherwise made available through the Prohiring Services.

Unlawful Customer Data

Prohiring is not obliged to pre-screen, monitor or filter any customer data or acts of its processing by the customer in order to discover any unlawful nature therein. However, if such unlawful customer data or the action of its unlawful processing is discovered or brought to the attention of Prohiring or if there is reason to believe that certain customer data is unlawful, Prohiring has the right to:

  • Notify the customer of such unlawful customer data;

  • Deny its publication on the website or application;

  • Demand that the customer bring the unlawful customer data into compliance with these Terms and Conditions and applicable law;

  • Temporarily or permanently remove the unlawful customer data from the website or account, restrict access to it or delete it.

  • In the event Prohiring believes in its sole discretion that customer data violates applicable laws, rules or regulations or these Terms and Conditions, Prohiring may remove such customer data at any time with or without notice.

Compelled Disclosure

Prohiring may disclose a customer’s confidential information to the extent compelled by law to do so. In such instances, Prohiring will use commercially reasonable efforts to provide customers with prior notice of the compelled disclosure (to the extent legally permitted) and customer shall provide reasonable assistance, at its cost, if customer wishes to contest the disclosure.

If Prohiring is compelled by law to disclose customer’s confidential information as part of a civil proceeding to which Prohiring is a party, and customer is not contesting the disclosure, customer will reimburse Prohiring for its reasonable cost of compiling and providing secure access to that confidential information.

Services

Use of the Prohiring Services. Subject to these Terms and Conditions, and the payment of the applicable service fee, Prohiring grants customer and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to use the Prohiring Services to:

  • Collect, store and organize customer data, such as add new persons and organizations, generate reports based on customer data, add products to be offered for sale to persons and organizations; add new users and grant them authorizations, assign activities to a particular user;

  • Modify and delete customer data;

  • Customize the standard features of the Prohiring Services;

  • Receive reasonable help and guidance and from Prohiring regarding the use of the Prohiring Services.

Technical Support

Prohiring shall provide reasonable technical support to the customer and its authorized user at the reasonable request of the customer. Prohiring shall respond to enquiries of support from a customer utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of customers and users who have accepted these Terms and Services but do not have an Account may be less expedient, or may not occur at all.

Our support can be reached out via our email: info@prohiring.pro

Modifications to Service

Prohiring reserves the right to modify the Prohiring Services or any part or element thereof from time to time without prior notice, including, without limitation:

  • Changing the Fees at any time, upon notice to Customer if such change may affect Customer’s existing subscriptions upon renewal. In the event of failure to collect the Fees owed by Customer, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the Account, without notice;

  • Rebranding the Prohiring Services at its sole discretion;

  • Ceasing providing or discontinuing the development any particular Prohiring Service or part or element of the Platform temporarily or permanently;

  • Taking such action as is necessary to preserve Prohiring’s rights upon any use of the Prohiring Services that may be reasonably interpreted as violation of Prohiring’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, and other destructive activities or illegal activity.

If the customer does not accept the modification, the customer shall notify Prohiring. The customer’s continued use of the Prohiring Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Prohiring shall not be liable to the customer or to any third person for any modification, suspension or discontinuance of the Prohiring Services, or any part thereof.

Job Advertising

Prohiring provides the Customer with the option to distribute job advertisements across various channels, including, but not limited to, job boards and the Prohiring pages.

Prohiring makes no representations or warranties regarding the accuracy, completeness, or authenticity of any job advertisements posted through our platform. While we make reasonable efforts to vet and monitor job postings, it is ultimately the responsibility of the Customers (as the data controllers) and job seekers (as the data subjects) to perform their own due diligence.

Prohiring cannot be held liable for any damages or losses arising from inaccurate, fraudulent, or mistaken job advertisements. This includes, but is not limited to, financial losses, reputational damage, or emotional distress. We encourage all job seekers to carefully review job postings, research companies and recruiters, and take appropriate precautions when applying for or accepting employment offers.

It's important to note that the subsequent points detailed below are applicable to all these distribution avenues, and that Prohiring may charge additional fees to distribute job advertisements through certain channels.

All fees tied to job advertisements will be communicated to the Customer by Prohiring during the ordering process.

Prohiring will make commercially reasonable efforts to distribute advertisements through the channels chosen by the Customer.

However, the Customer acknowledges that:

  • The channels are not under Prohiring’s control and that Prohiring cannot guarantee that the Customer’s job advertisements will be delivered to and accepted by the relevant channels.

  • Said job advertisements will be read by potential job applicants.

  • Prohiring may hire third-parties to distribute job advertisements and such third-parties are to be considered as part of Prohiring’s distribution channels.

  • Above-mentioned third-parties have no obligation to use or display a job advertisement and can reject a job advertisement for any or no reason, regardless of the customer’s plan, and even if the Customer has paid for premium job advertisements.

  • Prohiring is not liable for a job advertisement being rejected or not posted, and accepts that the Customer will not be entitled to a refund by Prohiring.

  • Customers will not be entitled to a refund by Prohiring in regards to funds deposited for job advertising purposes.

  • By submitting a job advertisement, the Customer gives Prohiring permission to distribute the advertisement.

  • Prohiring makes no guarantee in terms of quality or quantity the Customer will receive as a result of any job advertisement.

  • The Customer is solely responsible for selecting and interviewing candidates.

  • The Customer is solely responsible for conducting background checks and verifying information provided by candidates.

The Customer understands and takes full responsibility for:

  • Compliance with any regulations and applicable laws including labor and employment, and anti-discrimination.

  • Any liability or claims arising out of the publication of the Customer’s job advertisement or material third-parties can access through said job advertisements.

  • Customer agrees to indemnify and hold Prohiring and its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of a breach of this article by Customer or a breach of the additional service policies provided by third-parties to distribute Customer’s job advertisements.

  • When required by third-parties in order to distribute Customer’s job advertisements, Customer agrees to additional service policies from said third-parties as they apply to such services.

  • Customer is solely responsible for researching said third-party service policies.

  • Customer agrees not to post or promote any Job Advertisements that: contain inaccurate, spammy, false, misleading or offensive information; contain hidden keywords, or; sell or promote services

Data processing contract

Subject matter and nature of processing. Prohiring provides the platform where the customer, as the data controller, can collect, store and organize the personal data of data subjects determined by the customer. The Platform has been designed to work as a recruitment software tool but, to the extent not regulated by these Terms and Conditions, the customer decides how they use the Platform. Level of data usage is related to the package subscribed by the customer and follows limitations.

Duration. Prohiring will process data on behalf of the customer until the termination of the Prohiring Services in accordance with these Terms and Conditions. Upon termination, Prohiring will store the customer’s data for a period of six months, should the customer wish to reopen the account to resume the use of the Prohiring Services. By default, Prohiring does not offer data extraction or export solutions.

Parties' rights and obligations

Prohiring ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Prohiring undertakes to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the customer as the data controller. This will be provided at the customer expense.

Restrictions

Prohibited Activities. Customer and its authorized users may use the Prohiring Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and Conditions and applicable law. By way of example, neither the customer nor any user may:

  • Use the Prohiring Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;

  • Copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Prohiring Services or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that Prohiring is not permitted by that applicable law to exclude or limit the foregoing rights;

  • Use the Prohiring Services or any part or element thereof unless it has agreed to these Terms and Conditions.

Certain Uses Require Prohiring Consent. The customer or any user may not, without Prohiring’s prior express written consent (e-mail, WhatsApp, Skype, etc.):

  • Sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit or otherwise grant Access or make the Prohiring Services available in whole or in part to any third persons, unless such third person is another authorized user of the same customer;

  • Use the Prohiring Services or any part or element thereof in a scope, with means or for purposes other than those for which their functionality was created;

  • Use the Prohiring Services or any part or element thereof by means of programs that send them automatic enquiries or requests, unless such program has been made available by Prohiring;

Privacy

Prohiring takes the privacy of its Customers and Users very seriously. Prohiring’s Privacy Policy is available on prohiring.dev. Please read the Privacy Policy carefully as it governs Prohiring’s collection, use, and disclosure of Customer’s or User’s personal information.

Intellectual Property Rights

Prohiring’s Intellectual Property Rights in the Prohiring Services. The Prohiring Services, Prohiring Materials (defined as the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Prohiring Services, Prohiring and Prohiring trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Prohiring and its third-party vendors and hosting partners) are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws.

Prohiring, its affiliates and licensors retains all right, title and interest in such Prohiring Services, Prohiring Materials, Prohiring and Prohiring trade names and trademarks, and any parts or elements.

Your use of the Prohiring Services and Prohiring Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the Prohiring Materials is strictly prohibited unless you have received the express prior written permission from Prohiring or the otherwise applicable rights holder. Prohiring reserves all rights to the Prohiring Services, Prohiring Materials and Prohiring trade names and trademarks not expressly granted in the Terms and Conditions.

Content Owned by Prohiring

Subject to these Terms and the payment of the applicable service Fee, Prohiring grants customer and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to download a single copy of any part of the content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the Prohiring Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the Prohiring Services or as otherwise permitted by applicable law.

Customer Data

Customer is solely responsible for its own customer data and the consequences of posting, copying or publishing them on or through the Prohiring Service. In connection with customer data, customer affirms, represents, and warrants that:

  • Customer either owns its customer data or has the necessary licenses, rights, consents, and permissions to use and authorize Prohiring to display or otherwise use the customer data under all patent, trademark, copyright, trade secrets, or other proprietary rights in and to your customer data in a manner consistent with the intended features of the Prohiring Services and these Terms and Conditions, and to grant the rights and license set forth above, and

  • Customer data, Prohiring’s or any Prohiring licensee’s use of such customer data pursuant to these Terms and Conditions, and Prohiring’s or any Prohiring licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) violate any applicable law or regulation anywhere in the world; or (c) require obtaining a license from or paying any fees and/or royalties by Prohiring to any third party for the performance of any Prohiring Services customer has chosen to be performed by Prohiring or for the exercise of any rights granted in these Terms and Conditions, unless customer and Prohiring otherwise agree.

Third-Party Sites, Products and Services

The Prohiring Services may include links to other websites or services (“Linked Sites”) solely as a convenience to customers. Unless otherwise specifically and explicitly indicated, Prohiring does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Prohiring makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites.

ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Disclaimers, No Warranty

UNLESS OTHERWISE EXPRESSLY STATED BY PROHIRING, THE PROHIRING SERVICES, PROHIRING MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PROHIRING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Prohiring AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY. UNLESS OTHERWISE EXPRESSLY STATED BY PROHIRING, PROHIRING AND ITS AFFILIATES DO NOT WARRANT THAT THE PROHIRING SERVICES AND ANY CONTENT, CUSTOMER DATA SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PROHIRING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROHIRING SERVICES AND ANY CONTENT, CUSTOMER DATA, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PROHIRING SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROHIRING AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE PROHIRING SERVICES, PROHIRING MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.

Indemnification

You agree to defend, indemnify and hold harmless Prohiring and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Prohiring Services, Prohiring Materials, representations made to Prohiring, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Prohiring reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Prohiring, and you agree to cooperate with such defense of these claims.

Limitation of Liability

Prohiring shall not be liable to the customer or user for any consequences resulting from:

  • Any modifications in these Terms and Conditions, calculation and rates of Fees, the Prohiring Services, Prohiring Material, or any part or element thereof (including but not limited to account), including any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Prohiring Services or Prohiring Material;

  • Deletion of, corruption of, or failure to store any customer data;

  • Use of customer data by the customer or any of the users associated with the account;

  • Upgrading or downgrading the current plan;

  • Any disclosure, loss or unauthorized use of the login credentials of customer or any authorized user due to customer’s failure to keep them confidential;

  • The customer’s use of the account or the Prohiring Services by means of browsers other than those accepted or supported by Prohiring;

  • The application of any remedies against the customer or authorized users by Prohiring, for example if the customer or user has committed a crime or conducted a breach of applicable law by using the Prohiring Services or any part or element thereof;

  • The differences between technologies and platforms used for access, for example if certain features, functions, parts or elements of the Prohiring Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet;

Prohiring’s application of the remedies described in these Terms and Conditions, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.

In addition, Prohiring and its affiliates shall not be liable to the customer for any claim by any user, person, organization or third persons against the customer arising out of the customer’s failure to:

  • Provide Prohiring with accurate information about the customer, users or account;

  • Notify Prohiring of any reasons due to which a User does not have the right to use the account on behalf of the customer;

  • Provide any products which it has agreed to provide to such a person or organization (whether such failure arises as a result of Prohiring’s negligence, breach of these Terms and Conditions or otherwise);

  • Ensure the lawfulness of the customer data;

  • Obtain the necessary rights to use the customer data; or

  • Abide by any of the restrictions described in these Terms and Conditions.

Limitation of Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Prohiring AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER FOR THE PROHIRING SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” AGREED BY CUSTOMER.

Exclusion of Consequential and Related Damages. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Fees

The fees to access the Prohiring Services are as set out on the website or the invoice you received.

Subscriptions are by default entered into for monthly or yearly subscription terms and renewed for the duration of the previous subscription term.

Unless stated otherwise on the website or the invoice, fees shall be payable by the Customer at the beginning of each subscription term, or in the manner as set out on the invoice and in the currency identified on the website or the invoice, as applicable.

All fees are exclusive of VAT and all other taxes or duties and are non-refundable and non-cancelable for any reason.

If you pay by credit or debit card:

  • You authorize us to charge your credit card or bank account for all fees payable for your subscription term and for any renewal term, until you terminate your Subscription.

  • In addition, you authorize us in order to process payments to use third-party providers, and you provide your consent to disclose your payment information to any such third party as required.

  • You are solely responsible for any bank fees, charged by your bank, including recurring payment fees associated with your payments to Prohiring.

Credits Balance

Prohiring reserves the right to adjust credits allocated to an account at its own discretion.

Disclaimer of Use (Find Contact Details)

Except where otherwise stated, the contact information from Find Contact Details is provided as is. Prohiring may update, change, complete, correct, remove, or delete contact information at any time. While Prohiring engages in a diligent practice of maintaining and updating the contact information enriched, we do not have control over the production, availability, or accuracy of third-party data included or sought to be included as a part of the contact enrichment information or otherwise as a product of the services.

Specifically, but not exclusively, Prohiring does not warrant that:

  • the contact information will meet your requirements or expectations.

  • the contact information is up to date, accurate or complete;

  • the contact enrichment will be uninterrupted, timely, secure, bug or error-free.

  • the calculations performed by the contact enrichment are accurate.

  • any errors or bugs in the contact enrichment or contact information will be corrected.

Termination

For Convenience. These Terms may be terminated for convenience:

  • By the Customer any time by revoking the billing agreement inside Prohiring.

  • By Prohiring upon decision to end provision of the Prohiring Services and close the Platform; or

  • Immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.

These Terms may be terminated for default upon written notice to the other party as indicated in the “Notice” Section below:

  • By either party in case of breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party; or

  • Immediately by either party if the other party breaches its obligations, as applicable under Sections “Intellectual Property Rights” and “Indemnification” of these Terms and Conditions.

Upon termination of these Terms and Conditions, Prohiring shall deactivate the account. If the customer has specifically requested for an earlier deletion of the account, Prohiring shall fulfill such request within 2 months of its receipt of such request. customer must: (i) stop using and prevent the further usage of the Prohiring Services, including, without limitation, the Platform; (ii) pay any amounts owed to Prohiring under these Terms and Conditions; and (iii) discharge any liability incurred by the customer before under these Terms and Conditions prior to their termination.

The relevant provisions in these Terms and Conditions shall survive the termination of these Terms and Conditions.

Remedies

If Prohiring terminates these Terms and Conditions as a result of an uncured breach by a customer or user, Prohiring is entitled to use the same or similar remedies against any other persons who use the Prohiring Services in conflict with these Terms.

Notwithstanding the foregoing, Prohiring may also apply any other remedies available to it under the applicable law. Upon application of any remedies, the customer or user may lose access or suffer a loss of certain features, functions, parts or elements of the Prohiring Services.

If Prohiring has reasonable grounds to believe that the customer’s or user’s use of the Prohiring Services, including the account may harm any third persons, Prohiring has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.

Governing Law and Jurisdiction

These Terms (and any further rules, policies or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of Thailand and subject to the sole jurisdiction of the courts of Thailand.

Miscellaneous

Relationship of the Parties. The parties will act solely as independent contractors. These Terms and Conditions shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the customer and either Prohiring, and the customer shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms and Conditions are not for the benefit of any third parties.

Severability

If any term, condition or provision of these Terms and Conditions is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.

Assignment

Customers may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms and Conditions or delegate any of its rights and/or obligations under these Terms and Conditions without Prohiring’s prior written consent.

Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, the customer, or its permitted successive assignees or transferees, may assign or transfer these Terms and Conditions or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with the customer, or its permitted successive assignees or transferees; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of the customer, or its permitted successive assignees or transferees.

No Waiver

Failure of either party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.

Brand Usage and Promotion

The Customer agrees that Prohiring may identify the Customer as a user of the Software and use Customer's trademark and/or logo (i) in sales presentations, promotional/marketing materials and communications, and press releases, and (ii) in order to develop a brief customer profile for use by Prohiring on Prohiring's website for promotional purpose.

Prohiring AI Terms

These Prohiring AI Terms (“Prohiring AI Terms”) form a part of the Terms of Service, and the Terms and Conditions above, as applicable, between you and Prohiring. These Prohiring AI Terms apply to your access and use of any Prohiring AI feature(s).

“Prohiring AI” means any feature(s) or functionality made available by Prohiring and labeled as Prohiring AI that utilize data models trained by machine learning.

Input and Output. You may provide input to be processed by Prohiring AI (“Input”), and receive output generated and returned by Prohiring AI based on the Input (“Output”). When you use Prohiring AI, Input and Output are your Customer Data. You are solely responsible for the development, content, operation, maintenance, and use of your Customer Data. You will ensure that your Input and use of Prohiring AI and Output will not (i) violate any applicable law; (ii) violate these Terms and Conditions including these Prohiring AI Terms; or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering Prohiring AI feature(s), Output may not be unique and Prohiring AI may generate the same or similar output to a third party.

Prohiring AI Feature Use Restrictions. You may not use Prohiring AI or Output (i) to develop foundation models or other large scale models that compete with Prohiring or Prohiring AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.

Warranty Disclaimer. Prohiring does not make any warranty as to the results that may be obtained from the use of Prohiring AI or the accuracy of any other information obtained through Prohiring AI. You understand and agree that any material and/or data obtained through the use of any Prohiring AI feature is done at your sole risk. You should not rely on factual assertions in output without independently fact checking their accuracy. Output that appear accurate because of their detail of specificity may still contain material inaccuracies. Prohiring AI cannot dynamically retrieve information, and output may not account for events or changes to underlying facts occurring after the ai model was trained. No information or advice, whether oral or written, obtained by you from Prohiring or through Prohiring AI shall create any warranty not expressly made herein.

Service Level Terms Are Not Applicable. Downtime of Prohiring AI that results from a failure of a third party service will not be included in the Availability and Downtime calculations.

Third Party Provider Policies. If you choose to use the Prohiring AI feature(s), you may not use the Prohiring AI features in a manner that violates any OpenAI Policy, including their Content Policy; Sharing and Publication Policy; and Community Guidelines.