OUR TERMS OF SERVICE

Last Updated: March 20, 2021

This is a legal agreement (the “Agreement”) between you and Hackerly s.r.o. Whenever you use the Hackerly website (the “Website”) or the Hackerly services (the ”Services“), these terms of service (the “Terms”) apply to you. If you don‘t agree with any of these Terms, please don’t use our Website or Services.

PERSONAL USE ONLY

Our Website and Services are only for your personal use. We don‘t allow anyone to use our Website or Services for competitive intelligence, benchmarking, employment screening or anything else that’s not true personal use. We may change this in the future but in the meantime don’t quibble – we all know personal use when we see it.

THE PRIVATE WEB-APPLICATION

You need a link to the private web-application and a password to access all of our Services. This information is provided to you by your employer OR by Hackerly. You are responsible for everything done with this login information so please don‘t share it with anyone you don’t want to be accountable for. If you lose control of the password or you think someone else is using your private web-application, please tell us right away.

THINGS YOU CANNOT DO

Give us any information that is not fully accurate. Attempt to copy or replicate our Services. Post anything offensive or illegal. This includes, but is not limited to, anything that could be considered untrue, misleading, defamatory, libelous, criminal, harassing, threatening, or discriminatory toward any person or group. Visit any private web-application without our written permission if we suspend your access to the Website or Services. Transfer your account to someone else. Infringe any third party rights, including rights of publicity or privacy, and intellectual property rights. Bypass any technical protections or throttling that we institute, or access, use or scrape the Website or Services by any automated means unless you are a search engine crawling the Website for the sole purpose of creating a publicly accessible search index. Visit any private web-application if you’re under 18.

THE CONTENT YOU POST

You own all right, title and interest in your content, subject to the licenses granted next. There may be places on the site where you can post your own content. You are 100% responsible and liable for your content, including its accuracy, lawfulness and truthfulness. We strongly suggest you never post your contact information publicly.

HACKERLY’S OWNERSHIP

Hackerly retains all right, title and interest in our Website, Services and intellectual property, including all trademarks, service marks, logos, software, technology and processes and any enhancements or modifications. You may not copy, modify, create derivative works from or distribute anything on the site (except for your own content, of course). Except for rights expressly granted in these Terms, nothing in these Terms grants you any right, title or license to anything that is ours.

INVITING YOUR FRIENDS AND FAMILY

We encourage you to refer friends and family members to our Services by sending us the name and email address of your friend or family member. We will keep this information in our database, and send that person a one-time email containing your name and inviting them to visit our Website. This email will also include instructions on how to remove their information from our database. You agree that you will not abuse this feature by entering names and addresses of those who would not be interested in our Services.

INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY

You will indemnify, defend, and hold harmless Hackerly, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to this Agreement or your use of our site and/or services, your content and/or your use of any content. Hackerly reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. THE COVERED ENTITIES DO NOT MAKE ANY REPRESENTATION AS TO THE POTENTIAL REVENUES OR OTHER BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SITE AND THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. WE DO NOT REPRESENT THAT THE SITE OR THE SERVICES WILL BE CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF VIRUSES, OR THAT PROBLEMS WILL BE CORRECTED. LIKE ALL INTERNET BUSINESSES, OUR SITE AND SERVICES ARE VULNERABLE TO DOWN TIME FOR ANY NUMBER OF REASONS. WE DO NOT GUARANTEE COMPLETE ACCURACY IN THE INFORMATION WE REPORT. THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, SOFTWARE OR ANYTHING ELSE. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED ENTITIES SHALL NOT BE LIABLE FOR DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE OR ANY SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF ALL COVERED ENTITIES COLLECTIVELY, FOR ALL ACTIONS ARISING OUT OR RELATED TO THESE TERMS OF SERVICE, THE PRIVACY POLICY, THE SITE OR THE SERVICES IS $5.00. SOME JURISDICTIONS DO NOT ALLOW LIMITS OF LIABILITY FOR SOME DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.

From time to time, Hackerly may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental or test purposes. The provisions of these Terms of Service, including but not limited to the Indemnity, Disclaimers and Limits on Liability, apply with full force to such beta features or tools.

TERMINATION

We reserve the right to suspend or terminate your access to our Website, our Services and/or your private web-application at any time for any or no reason (including but not limited to blocking IP addresses). This is not our exclusive remedy under any circumstances. Whether your private web-application is open or closed, we may retain your account information and use it in accord with our Privacy Policy.

OTHER THINGS OUR LAWYERS WANT US TO TELL YOU

These Terms incorporate any policies we post on the site.

We reserve the right to change these Terms and our policies at any time.

We’ll post any change on the site and if you continue to use the Website or our Services, you will have necessarily accepted the new Terms and/or policies. Hackerly will be entitled to recover any legal fees and other costs associated with enforcing these Terms.

We can communicate with you via email, text, posting on the site and/or our third party social networking accounts.

If you need to give us notice for any reason (other than legal process), you will do so by emailing us at hi@hackerly.org.

Emails to other addresses will not satisfy any notice requirement. You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the site and services. These Terms are the entire agreement between you and Hackerly and they replace any other agreement between us related to our site, our policies and/or our services. Aside from our right to make changes described in this Agreement, any amendments to these Terms must be in a writing signed by both parties. You cannot assign these Terms without our written agreement. We can assign the Agreement to any entity that agrees to be bound by the terms of these Terms. The Agreement is governed by the laws of the Czech Republic, excluding choice of laws principles. The exclusive venue for any litigation arising from or related to these Terms, our site or our services shall be the courts of the Czech Republic, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator‘s award entered as a judgment in any court of competent jurisdiction. Any claims (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. If any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by an authorized representative of the waiving party.