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SmartyMeet Terms of Service

Last updated: Aug 5, 2022

[See also Privacy Policy]

MODULE CV ANALYZER - the Terms of Service for the CV Analyzer module is available HERE.

These Terms of Service constitute a legally binding agreement between you and SmartyMeet Sp. z o.o. (together with its affiliates, “SmartyMeet”, “we”, “our” or “us”) governing your use of our products, services, mobile application (the “App”), and website (the “Site” and collectively with the foregoing, the “Services”).

You acknowledge and agree that, by clicking on the “I agree” or similar button, registering for an account, downloading the app or any app upgrades, using the app on your mobile device, or accessing or using the services, you are indicating that you have read, understand and agree to be bound by these terms of service, whether or not you have registered with the site or the app. If you do not agree to these terms of service, then you have no right to access or use the services. These Terms of Service are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the Services, whichever is earlier. If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that:

  • You have the full legal authority to bind your employer or such entity to these Terms of Services; 
  • You have read and understood these Terms of Service;
  • You agree to these Terms of Service on behalf of the party you represent and any permitted users of such party. In such an event, “you” and “your” will refer and apply to your employer or other legal entity.

Any personal data you submit to us or which we collect about you is governed by our Privacy Policy (“Privacy Policy”), available at SmartyMeet Privacy Policy. You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement.”

 Breach of any of the Terms may result, among other things, in the termination of your account.

1. Definitions

Account Holder - The individual who registers to use the Service on behalf of a Client.

Client - The entity or organisation, represented by the Account Holder, that acquires the Services from us.

SmartyMeet, We, Us - SmartyMeet Sp. z o.o. and all other related entities.

Invited User - Any person or entity, other than the Client and Account Holder, that uses the Service from time to time, at the invitation of, and with the authorisation of, the Account Holder.

Services - The various services made available through the Site and otherwise provided or made available by us.

Site - The Internet sites available at www.smartymeet.com, app and any other site operated by SmartyMeet.

Terms - This Terms of Service agreement.

You, Your - Refers to all Site users and Services, including Clients, Invited Users and the Account Holder, unless expressly specified.

Subscription Fee  - means the amount you pay for the Subscription Service

2. Account Terms

  1. In return for payment of the subscription fees by the Client, we agree to provide the Services to the Client on these Terms.

  2. Users must nominate an email address and password (together referred to as your "login") to use the Site. Your login is used by you to access the Site and the Services. SmartyMeet is entitled to assume that all access to and use of the Site and the Services using your login is access and use by you.

  3. A login may only be used by one individual - a single login shared by multiple individuals is not permitted. The Account Holder may create separate logins for as many individual users as the Client’s subscription plan allows.

  4. During the signup process the Account Holder and each User must provide their full name and a valid email address. As part of our security process we verify that you have access to the nominated email address.

  5. You are responsible for maintaining the security of your account and password. SmartyMeet is not responsible for any loss or damage arising from your failure to comply with this security obligation.

3. Payment, Refunds, Upgrading and Downgrading Terms

 

  1. Payments will be charged using any credit card or other payment mechanism we have on record for the Client (or the Account Holder on behalf of the Client).

  2. The Service is billed in advance on a monthly basis and those fees are non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

  3. Payments will cover the use of the contracted Services for a monthly or annual subscription period as agreed.

  4. Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state.  If you do not provide us with a VAT registration number before your transaction is processed, we will not issue refunds or credits for any VAT that was charged. If you are subject to GST, all fees are exclusive of GST.  If you are located in Canada, all fees are exclusive of GST, PST and HST.

  5. The services and prices are described in detail at www.smartymeet.com 

  6. For any upgrade or downgrade in plan level, the Client will be charged the new rate commencing from the start of your next billing cycle.

  7. Downgrading your Service may cause a reduction in features, or capacity of your Account. SmartyMeet has no liability for such reduction.

  8. Unless the Client (through the Account Holder) notifies SmartyMeet before the end of the applicable subscription period that the Client wants to cancel, your subscription will automatically renew at the end of the then-current period and you authorize us to collect the then-applicable subscription fee in accordance with item 3.1 above.

  9. You may cancel your subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term.

4. Cancellation and Termination

  1. If you, as the Client, wish to terminate your account, the Account Holder must notify us using our normal account management and termination process within the Service. The Account Holder is solely responsible for properly canceling your account. An email or phone request to cancel your account is not effective cancellation. 

  2. Upon cancellation, Accounting data associated with your account will be retained for a short period to allow reversal of the cancellation, after which it will be irrevocably deleted from the Service. SmartyMeet reserves the right to maintain non-identifiable, anonymized, data for statistical and security purposes and logging data in accordance with our Privacy Policy www.smartymeet.com/privacy-policy.

  3. After cancellation, you will no longer have access to your Account, your profile or any other information through the Services.

  4. There is no refund or credit of monthly fees for cancellation during a month.

  5. Failure to pay our fees for any reason may result in the suspension or termination of a Client’s account (including all associated user accounts) and, after a short period, the deletion of those accounts and associated data.

  6. SmartyMeet, in its sole discretion, may decline to provide Services to anyone for any reason, and may suspend or terminate accounts and refuse access to or use of the Services for any reason at any time. Termination of the Services will result in the deactivation or deletion of user accounts or access to user accounts.

5. Modifications to the Service and Prices

  1. SmartyMeet may modify or discontinue the Services (or any part of them) with or without prior notice.

  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change by us upon 30 days’ prior notice. Such notice may be provided by us at any time by posting the changes to the site, by email, or provided through the Service itself.

  3. SmartyMeet is not liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

  4. SmartyMeet has the right to restrict anyone from completing registration as a user if SmartyMeet believes such person may threaten the safety and integrity of the Services or if, at SmartyMeet's discretion, such restriction is necessary to address any other reasonable business concern.

  5. Following the termination or cancellation of your Account, we reserve the right to delete all your data, including any User Content, in the normal course of operation. Your data cannot be recovered once your Account is terminated or canceled.

6. Copyright and Data Ownership

  1. This Agreement does not transfer from SmartyMeet to you any SmartyMeet or third party intellectual property rights, and all rights, title and interest in and to such rights will remain (as between the parties) solely with SmartyMeet.

  2. We claim no intellectual property rights over the data you provide to the Service. As between the parties, all data uploaded by you remain yours. However, if you elect to provide access to your data to other users, you agree to allow us to enable these users to view and or edit this shared content. You are responsible for controlling shared access to your data and can revoke or change an invited user’s access.

  3. You must maintain copies of all your Data input into the Service. SmartyMeet adheres to appropriate professional practice and procedures to reduce the risk of data loss, including a daily system data backup, but does not guarantee that there will be no loss of Data. SmartyMeet expressly excludes liability for any loss of data no matter how caused.

  4. SmartyMeet may at any time or from time to time use your data to derive non-personally-identifying and non-company identifying information in aggregate form. (e.g., for industry benchmarking or statistical analysis). You hereby consent to such use of your data by SmartyMeet.

  5. The Services and the Site are protected by copyright, trademark, trade secret and other intellectual property rights. All such rights are reserved. The Services and the Site are Copyright 2022 © SmartyMeet. You may not reproduce, publish, copy, or reuse any portion of the application code or visual design elements or concepts included in the Services or the Site without express prior written consent from SmartyMeet.

  6. You must not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any software used to deliver the Services.

You agree not to engage in any of the following prohibited activities, among others: 

  • copying, distributing, or disclosing any part of the Services in any medium other than as allowed by the Services and these Terms of Service; 
  • using any automated system (other than any functionalities of the Services), including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; 
  • transmitting spam, chain letters, or other unsolicited email or attempting to phish, pharm, pretext, spider, crawl, or scrape; 
  • attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; 
  • violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; 
  • conducting any unlawful purposes or soliciting others to perform or participate in any illegal acts; 
  • uploading invalid data, viruses, worms, or other software agents through the Services; 
  • infringing upon or violate our intellectual property rights or the intellectual property rights of others; 
  • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; 
  • harassing, insulting, harming, abusing, defaming, abusing, harassing, stalking, threatening, intimidating or otherwise violating the legal rights (such as privacy and publicity) of any other users or visitors of the Services or staff member of  SmartyMeet; 
  • interfering with or any activity that threatens the performance, security or proper functioning of the Services; 
  • uploading or transmitting viruses or any other type of malicious code; 
  • attempting to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services; 
  • bypassing the security features or measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; 
  • attempting to access unauthorized Accounts or to collect or track the personal information of others; 
  • using the Services for any purpose or in any manner that infringes the rights of any third party; 
  • encouraging or enabling any other individual to do any of the foregoing.

7. Managing data privacy and data sharing

 

  1. SmartyMeet Clients must consider the data privacy arrangements you have in place with your clients, employees, team members or related entities before adding them as an Invited User into SmartyMeet, importing their data into SmartyMeet.

  2. You agree to allow SmartyMeet to collect, use and disclose personal information in accordance with the SmartyMeet Privacy Policy located at www.smartymeet.com/privacy-policy.

8. General Conditions

 

  1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.

  2. Technical support is only provided to paying account holders and is only available via email. Support is available in English and Polish.

  3. You understand that SmartyMeet uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. SmartyMeet is not responsible for the continuity of the services provided by those vendors.

  4. You must not attempt to undermine the security or integrity of SmartyMeets's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks. You must not use or misuse the Services in any way which may impair the functionality of the Services or Site.

  5. You understand that SmartyMeet has certain user system requirements which you are responsible for providing and installing. Such requirements include a suitable up-to-date internet browser.

  6. You understand that the technical provision of the Service, including your data, may involve transmissions over various third-party networks and changes to conform and adapt to the technical requirements of connecting networks or devices.

  7. In using the Site or the Services, you must not submit content that is misleading or deceptive, unlawful, defamatory, infringes others’ rights, or is likely to cause offense to a reasonable adult. We may amend or remove user-contributed content or terminate your account at our discretion and without prior notice if such content is submitted. If any use by you of the Site or the Services is in our reasonable opinion an unacceptably high-volume use (including, for example, where that use adversely affects others’ normal use), then we may take action to limit or prohibit your use, for a period of time or permanently.

  8. SmartyMeet does not warrant that:

  • the service will meet your specific requirements,

  • the service will be uninterrupted, timely, secure, or error-free,

  • the results that may be obtained from the use of the service will be accurate or reliable,

  • any errors in the Service will be corrected.

9. Limitation of Liability

 

  1. You understand and agree that SmartyMeet shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in contract, negligence or otherwise, including but not limited to: damages for loss of profits, goodwill, use, data, information, interference with privacy, business interruption, or other intangible losses relating directly or indirectly to these Terms, the Site or the Services. These exclusions apply even if we knew or should have known that you might suffer loss.

  2. If any term is implied by law in these terms and cannot be excluded, then we limit our liability to you under that term to the maximum extent permitted by law.

  3. If you are not satisfied with the Services, your sole and exclusive remedy is to terminate the use of the Services in accordance with Section 4.

  4. The failure of SmartyMeet to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SmartyMeet and govern your use of the Service, superseding any prior agreements between you and SmartyMeet (including, but not limited to, any prior versions of the Terms of Service).

  5. The laws of Poland will apply to these Terms.

10. Contacting Us

 

If you have any questions about these Terms of Service or about the Services, please contact us by email at help@smartymeet.com