Effective Date: November 12, 2020
These Terms of Service are a contract between you and Alper Özhan (referred to as “Hiring Tool”). By using the Services of Hiring Tool on the web or on any other applications that give access to Hiring Tool (e.g. within another platform like Slack or Microsoft Teams), you are bound to agree to the following Terms of Use.
If a user violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice. If you do not agree to these terms, please do not use our Services.
Hiring Tool reserves the right to update and modify the Terms of Use at any time without notice. New features that may be added to the Service shall be subject to the Terms of Use. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications.
The mark Hiring Tool and the Hiring Tool logo are trademarks of Hiring Tool.
1 – Account Terms
You may use the Services only if you are 16 years or older and capable of forming a binding contract with Hiring Tool and are not barred from using the Services under applicable law.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You are responsible for maintaining the privacy and security of your account. Hiring Tool will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
Hiring Tool may communicate with you via email, in-app messages, or push notifications regarding your account, system updates, or other issues related to your account.
You are responsible for all Content send and activity that occurs under your account (even when Content is sent by others to your account).
You may not use Hiring Tool for any illegal or unauthorized purpose. You must not, in the use of Hiring Tool, violate any laws in your jurisdiction (including but not limited to copyright laws).
Your login details may be used up to a maximum of five concurrent sessions.
Hiring Tool may refuse service to anyone for any reason at any time.
2 – Payment and Access
A valid credit card or bank account is required for paying accounts.
Free accounts are not required to provide a credit card number.
Should you upgrade or downgrade your plan, you will be charged your new billing rate immediately.
The Hiring Tool Service is billed in advance in accordance with our pricing schedule and all monthly payments are nonrefundable.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
Our company policy is to not extend discounts for a period of more than 12 months.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of Hiring Tool and payments made by you herein.
3 – Modifications to the Service and Fees
Hiring Tool reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
Hiring Tool reserves the right to change our monthly/annual fees upon 30 days notice from us. The fee change will be notified per email to all our subscribers and will be reflected on the Pricing page. The beta phase is free of charge.
Hiring Tool reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
4 – Cancellation and Termination
You alone are responsible for properly canceling your Account. An email or phone request to cancel your Account shall result in cancellation. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Hiring Tool once your account is canceled. Please be aware that you can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
Hiring Tool reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Hiring Tool believes that You have violated these Terms of Use.
Hiring Tool will use all reasonable efforts to contact You directly to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Hiring Tool shall not be liable to You or any third party for any modification, suspension, or discontinuation of the Service.
5 – Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.
6 – Content Ownership, Responsibility and Removal
Hiring Tool does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Hiring Tool and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of Turkey and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Hiring Tool a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, and distribute your User Content in connection with the following limited purposes:
(a) providing the Services to you and your organization as contemplated by this Agreement; and
(b) creating de-identified aggregated benchmark data.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Hiring Tool on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any contract by which you are bound, or of any applicable law or regulation.
You can remove your User Content by specifically deleting it, or by following procedures outlined in our Privacy Policy.
7 – Third Parties
Hiring Tool currently uses third-party Subprocessors to provide infrastructure services, and to help us provide customer support and email notifications. Prior to engaging any third-party Subprocessor, Hiring Tool performs diligence to evaluate their privacy, security, and confidentiality practices and requires of its applicable obligations.
Infrastructure Subprocessors
| Processor | Service |
|---|---|
| Crisp | Support Services |
| Namecheap | Website Hosting Services |
| Amazon Web Services | Cloud Platform Services |
| Google LLC | Analytics Services |
| Stripe, Inc | Billing, Payment, and Invoicing Services Security measures for international data transfers |
| MailerLite Ltd | Email Services |
8 – General Conditions
Your use of the Service, including any Content, information, or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of these Services.
You agree not to resell, duplicate, reproduce, or exploit any part of the Service without the express written permission of Hiring Tool.
You agree not to export or collect, by any electronic or other means, email addresses or other information of other users of the Service for the purpose of sending emails or other unsolicited correspondence.
You agree not to act in a way that risks damaging, deactivating, or overloading the Service or its infrastructure.
You agree not to distribute anything containing a computer virus or any code, file or software program intended to interrupt, destroy or limit the functionality of the Service or its infrastructure.
Hiring Tool makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected. Hiring Tool and its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
If any provision of the Terms of Use is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
Hiring Tool may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
The failure of Hiring Tool to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Use sets forth the entire understanding between you and Hiring Tool as to the Service and supersedes any prior agreements between you and Hiring Tool (including, but not limited to, prior versions of the Terms of Use).
Any questions regarding the Terms of Use should be addressed to [email protected]
9 – Attribution
You agree that Company may indicate that You are a client on Company’s website, through Company marketing materials or through other reasonable means. Any such attribution will be consistent with Your style guidelines or requirements as communicated to Company. The parties may agree to additional marketing efforts (i.e., case studies, events) in writing.
10 – Governing Law
These conditions are governed by and interpreted following the laws of Turkey, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Hiring Tool and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Istanbul, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Turkey, or in the EU country in which you reside.