Terms of Service

Last Updated: Nov 8, 2024

By accessing or using the Site or Services, you (“you”, “your”) agree to be bound by these Terms of Service (“Terms”), which together with any applicable Order Forms and the Privacy Policy, constitute the complete agreement (“Agreement”) between you and Hirezen.

The terms “you” and “your” refer to the user of the Site or Services. “Hirezen” refers to Hirezen. Collectively, you and Hirezen may be referred to as the “Party” or “Parties.”

Please read these Terms carefully before using the Site or Services. If you do not agree with these Terms, do not access or use the Site or Services.

User Eligibility and Authority

You must be at least 18 years old to use the Site or Services. You confirm that you have the legal right and authority to agree to these Terms and fulfill your obligations. You confirm that agreeing to these Terms does not violate any existing contract or obligation.

If agreeing on behalf of an entity or organization, you confirm that you have the authority to bind that entity or organization to these Terms, and “you” will refer to both you and the entity or organization you represent.

User Obligations and Representations

By using the Site and Services, you agree to provide accurate, complete, and up-to-date information at all times. You commit to using the Site and Services in compliance with all applicable laws and regulations and to promptly inform Hirezen of any changes that may affect your use of the Services. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

You represent that you have the right and authority to provide any User Content submitted to the Site or Services. Your use of the Site and Services will not violate or infringe on the rights of any third party or breach any applicable law or regulation.

Account Registration and Security

When registering for an account, you must provide accurate, current, and complete information and keep your credentials secure. You are responsible for all activity under your account and must promptly notify Hirezen of any unauthorized use. Hirezen is not responsible for losses due to unauthorized use of your account, but you may be held liable for losses incurred by Hirezen or others due to such unauthorized use. You may not impersonate others, use someone else’s account, or create unauthorized multiple accounts.

Payment Terms

Some Hirezen Services require payment, either as Subscriptions or one-time Service Fees. By using these Services, you agree to pay the applicable fees outlined in your Order Form. By providing a payment method, you confirm you are authorized to use it and authorize Hirezen (or its payment processor) to charge for your subscription or purchase, including taxes and fees.

By purchasing a subscription, you agree that Hirezen (or its payment processor) may charge you for the Service Fees as specified in your Order Form, and that your subscription will continue for its term unless terminated per these Terms.

Hirezen may change Service Fees for future renewals or as noted in your Order Form. Fee changes will be communicated in advance. By continuing to use the Services after a price change, you accept the new rate. If you do not agree, you may cancel before the change takes effect.

You may cancel your subscription by contacting support@hirezen.io. Prepaid fees are non-refundable unless otherwise specified in an Order Form.

Licenses

Subject to your compliance with these Terms and payment of any applicable fees, Hirezen grants you a limited, non-exclusive, non-transferable license to access and use the Site, Services, and Site Content for your internal business purposes. This license includes the number of authorized users specified in the applicable Order Form.

Your use of the Site and Services must comply with any user guides or documentation provided by Hirezen, which are considered part of the Site Content.

Restrictions

You must use the Site and Services only through the interfaces provided by Hirezen. You must not modify, copy, distribute, reverse engineer, or create derivative works from the Site, Services, or any content, nor allow others to do so. The use of automated tools to access the Site or interfere with Site security features is prohibited. Use the Services solely for your internal business purposes and refrain from prohibited actions, such as harassment, submitting false or misleading information, or engaging in competitive activities.

You are responsible for your use of the Site and Services and for any content you provide (“User Content”). Use the Site and Services only as permitted by these Terms and applicable laws.

Hirezen reserves the right to terminate your access to the Site, Services, or related websites for any violation of these Terms.

Limitation of Use

You agree to use the Site and Services solely for lawful purposes. Your use must not violate or infringe the rights of others, including intellectual property rights, or impede the normal operation or security of the Site and Services. The Services must not be exploited for competitive purposes or unauthorized commercial activities. Any violation of these limitations may result in termination of your access to the Site and Services and could lead to further legal action.

Intellectual Property Rights

Hirezen retains ​ownership of all rights, title, and interest in the Site, Services, and Site Content, including updates and modifications. You may not use any trademarks, logos, or service marks displayed on the Site or Services without prior written consent.

Your User Content and all related Intellectual Property Rights belong to you. Hirezen does not claim ownership but may access, use, and process your User Content as needed to provide the Services. You confirm that you have the necessary rights for the User Content you provide and assume all risks related to its use.

Hirezen may anonymize and aggregate User Content for analysis and service improvement. You grant Hirezen a perpetual license to use such anonymized data.

Privacy Policy

Hirezen respects your privacy. Please refer to the Privacy Policy for information on how Hirezen collects, uses, and discloses personal data. By using the Site or Services, you acknowledge and accept the terms of Hirezen’s Privacy Policy.

Confidentiality

Each Party agrees not to use, disclose, sell, license, publish, reproduce, or otherwise share any nonpublic information (in any form) provided by the other Party, including any nonpublic terms of this Agreement (“Confidential Information”), with any third party. Each Party agrees to use the other Party’s Confidential Information only as necessary to fulfill their obligations under this Agreement.

Third-Party Content

The Site or Services may include links to third-party products, services, or websites. Hirezen does not control or endorse these third parties and is not responsible for their content or performance. Hirezen is not liable for any damage or loss resulting from your use or reliance on third-party content. Once you leave the Site, these Terms and Hirezen’s Privacy Policy no longer apply. Review the terms and policies of any third-party site you visit.

Modification of Services

Hirezen reserves the right to modify or discontinue any part of the Site or Services, either temporarily or permanently, without prior notice. Such changes will not significantly impact the performance or capabilities of the Services. Hirezen will not be liable for any modification, suspension, or discontinuation of the Site or Services.

Indemnification

You agree to indemnify, defend, and hold Hirezen harmless from any third-party claims arising from your violation of applicable laws or these Terms, including claims that your User Content or use of the Site or Services infringes third-party rights. You are responsible for promptly notifying Hirezen of any such claims and assuming control of the defense. Hirezen may provide reasonable cooperation during the defense.

Limitation of Liability

NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO HIREZEN IN THE 12 MONTHS PRIOR TO THE CLAIM.

THESE LIMITATIONS ARE ESSENTIAL TO THIS AGREEMENT. IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS FOR CERTAIN DAMAGES ARE NOT ALLOWED, LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Disclaimer of Warranties

YOUR USE OF THE SITE, SERVICES, AND SITE CONTENT IS AT YOUR SOLE RISK. THE SITE, SERVICES, AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”

HIREZEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

HIREZEN DOES NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. HIREZEN DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM USING THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT ANY SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Use of AI-Generated Content

Hirezen may use AI language models, such as ChatGPT, to generate content as part of its Services. You acknowledge that it is your responsibility to review, verify, and ensure that any AI-generated content provided by Hirezen complies with applicable laws, regulations, and third-party rights. Hirezen disclaims liability for any consequences arising from the use or reliance on AI-generated content.

Termination

Hirezen reserves the right to restrict or terminate your access to the Site or Services at any time, for any lawful reason, with or without notice. Termination does not waive any rights or obligations outlined in these Terms, nor any legal remedies available to Hirezen.

These Terms can be terminated by either Party for a material breach that is not corrected within 30 days of written notice or immediately if the breach is irreparable. Termination can also occur if a Party ceases business operations, becomes insolvent, or comes under the control of a trustee or receiver. Either Party may terminate these Terms with 30 days written notice for convenience or as specified in these Terms or an Order Form.

Upon termination, your access to the Site and Services will immediately end. If you are a paid user, you may still use any previously created User Content. You are responsible for paying any fees owed up to the termination date. Hirezen will not provide refunds for prepaid fees unless Hirezen terminates these Terms, in which case you may be eligible for a refund for any unused portion of the prepaid period.

Changes to the Terms

Hirezen may change or modify these Terms at any time, at Hirezen’s sole discretion. Hirezen will post the updated Terms on this page and revise the ’Last Updated’ date at the top when changes are made.

By continuing to use the Site or Services after the changes take effect, you agree to the updated Terms. If you do not agree with the new Terms, stop using the Site and Services. Hirezen encourages you to review these Terms periodically to stay informed about any changes.

Miscellaneous

Publicity: Hirezen may use your name and logo on its website and in marketing materials to identify you as a customer without prior written consent. You may request that Hirezen stop this use by providing written notice.

Electronic Communications: You agree to receive communications from Hirezen electronically, including emails, texts, or notifications on the Site or Services.

Export Control: You may not use, export, import, or transfer the Site or Services except as permitted by U.S. law, the laws of your jurisdiction, and other applicable laws. The Site and Services cannot be exported or re-exported to U.S.-embargoed countries or to anyone on U.S. government-restricted lists. By using the Site or Services, you confirm that you are not in an embargoed country or listed as a prohibited party and will not use the Site or Services for any purpose prohibited by U.S. law.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver: The failure of Hirezen to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Force Majeure: Hirezen will not be liable for any delay or failure to perform obligations due to events beyond Hirezen’s reasonable control, including natural disasters, acts of government, terrorism, labor disputes, or Internet service provider failures.

Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without Hirezen’s prior written consent. Hirezen may assign these Terms without restriction.

Contact Information

For any questions or concerns regarding these Terms, you may contact us using the following details:

Hirezen Support Team
support@hirezen.io