Terms of Service
Last updated: September 13, 2014
The Terms of Services set forth herein (hereinafter referred as the Terms) are a legal contract between anyone who uses or has access to, or attempts to use or gain access to applicant tracking system jobkitten.com (hereinafter referred as the User) and OÜ Jobkitten (hereinafter referred as Jobkitten), commercial registry code 12116162, registered address Vana-Lõuna 39-118, Tallinn, Harjumaa, 10134. The Terms explain how the User is permitted to use the website located at jobkitten.com as well as Jobkitten’s mobile application and all software, services or content associated with the website or mobile application (hereinafter referred as the Service).
The Terms set forth herein apply regardless of the environment in which the Service in used and the geographic location of such use. If the User does not agree with any of these terms, then the User shall not access or otherwise use the jobkitten.com website, the mobile application, any of the services, or any information or materials contained within the website jobkitten.com or mobile application. Any use of access of the same or any attempt to do so shall be deemed to constitute the User’s consent to be bound by these Terms.
- The contract shall be effective between Jobkitten and the User as of the moment when the User obtains a user subscription or agrees or is deemed to have agreed to the terms hereof, whichever occurs first.
- The contract is entered into for an indefinite term.
- This contract constitutes the entire agreement between the Jobkitten and the User relating to the subject matter hereof and supersedes and replaces all prior agreements and understanding between Jobkitten and the User with respect to that subject matter.
- Jobkitten reserve the right, at its sole discretion, to alter or replace these present Terms by notifying Users thereof in advance. By continuing to access or use Service after amended terms become effective, the User agrees to be bound by the amended terms.
- If the User disagrees with any part of the new terms then the User shall terminate its use of the Service by not accessing or otherwise using the jobkitten.com website, the mobile application, any of the services, or any information contain within the website jobkitten.com or mobile application.
The Content of the Service
The Service allows Users to receive, store, manage and evaluate job seekers Resumes, Cover Letters or any other materials needed for applying for the job opening published by the User (hereinafter referred as the Application Documents) via its own or third party’s website, using the jobkitten.com website or mobile application.
User’s Rights and Obligations
- By signing up to as a user of the Service in jobkitten.com website or mobile application, the User shall be deemed to have agreed to and accepted liability for the payment of all fees with the respective Service.
- The default billing model for using the Service is credit based as we explain on the pricing section of our Website. If you’re inactive for more than 12 months your account may be deleted.
- We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
- We’ll give you a refund for prepaid credits if we stop providing our Services to you for a reason that's not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances.
- The User will get access to the Service via an email address and password selected by the User at signing up as a user of the Service or changed in jobkitten.com website or mobile application at some later time by the User (hereinafter referred as Access Data).
- The User is obligated to keep Access Data confidential and not to disclose the Access Data to any third parties. The User shall be fully liable for the use of Access Data.
- If the User has forgotten his/her Access Data or suspects that the Access Data have become available to third parties, the User shall change his/her Access Data immediately via his/her user account in the jobkitten.com website or mobile application, or give notice of what has happened to Jobkitten via e-mail firstname.lastname@example.org after which Jobkitten will change the Access Data for the User.
- By creating the account in jobkitten.com website or mobile application, the User is obligated to provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms.
- The User shall use the information from the Application Documents only for its own needs with the objective of finding employees, and shall not forward this information from Application Documents to third persons without a written consent from Jobkitten.
- The User shall be fully responsible for the activity that occurs under its user account and must notify Jobkitten immediately of any breach of security relating to or unauthorized use of its account.
- The User is obligated to guarantee that the personal data (applicants data in the Application Documents) that is made accessible to the User by using our Service are processed (i.e. viewed, saved, stored, used for communication, etc.) in compliance with the law. The User shall keep the information, including the personal data, received from Jobkitten confidential, and may use this information solely to get in contact with an applicant for the purpose of potential hiring. The User shall compensate Jobkitten for all the damages caused in connection with the violation of the requirements for the processing of personal data in our website jobkitten.com or in our mobile application including, but not limited to, all the amounts that Jobkitten has had to pay to data subjects, third persons and institutions as compensation for damages, contractual penalties, misdemeanor fines, or in any other way or on any other basis because of the fact that the User did not comply with the personal data processing requirements provided for in these conditions and in the legislation.
Intellectual Property and License
- The Service includes copyright, trademarks, domain name and business name, trade secrets and know-how, and other assets and benefits commonly regarded as intellectual property, whether registered or not, which are and remain the exclusive property of Jobkitten.
- Jobkitten grants to the User a limited, non-exclusive and non-transferable license to use the software and the content provided in Jobkitten.com website and mobile application only in such manner as necessary for utilizing the Service for its intended purpose and only during the time of this contract remains in force between the User and Jobkitten.
- The User shall not acquire any right thereto or interest therein or otherwise in connection with the Service, except the limited rights of use expressly set forth in section 4.2.
- The User undertakes, that it will not use any device or software to interfere or attempt to interfere with the proper functioning of the Service; copy, modify, reproduce or create derivative works from, or decompile, reverse engineer or otherwise attempt to derive source code from the software that is being used to provide the Service and also that it will not create or attempt to create any product or service that it substantially similar to or otherwise competes with the Service.
- Jobkitten may, in its sole discretion, disable, close or restrict access to any User that is used to infringe on anyone’s intellectual property rights.
Limitation of liability
- Jobkitten do not warrant that the Service will function uninterrupted, secure or available at any particular time or location, any errors or defects will be corrected, the Service is free of viruses or other harmful components or the results of using the Service will meet your requirements.
- Jobkitten is not involved in the actual transaction between employers and candidates. As a result, Jobkitten has no control over User content, or the quality, safety, or legality of job application or Application Documents posted and makes no representations about any job applications, Application Documents or connected content. Jobkitten shall not be responsible for any employment decisions, for whatever reason, made by any entity in connection with Application Documents posted on or through the jobkitten.com website or mobile application.
- Jobkitten is not responsible for the accuracy and content of the information entered into the jobkitten.com website or mobile application by the third parties and the jobseeker nor for the damages to the User, arising from the use of such information contained in the website jobkitten.com or mobile application.
- Jobkitten has the right to cancel the access to the Service unilaterally and without prior notification or without returning to the User the fee paid for the Service, if the User has violated these Terms and has not eliminated the violation within 10 workdays as of the receipt of a respective notice from Jobkitten by e-mail.
- The User has the right to give up further use of Service at any time and with any reason, by deleting its account. The User must log on to the Service, go to “Settings” and click on “Cancel my account”. In such case, the User does not have the right to request the return of the fee paid for the ordered Service.
- The User agrees that upon any termination of this contract all rights that the User has been granted hereunder will terminate.
- The User is responsible for the damages caused to Jobkitten through the violation of these Terms.
- These Terms shall be governed and construed in accordance with the laws of Estonia, without regard to its conflict of law provision.
- The User and Jobkitten shall make the effort to resolve the disputes arising from these Terms by way of negotiations. In the event the User and Jobkitten fail to reach an agreement in the dispute, it shall be subject to the exclusive jurisdiction of Estonian courts. The User hereby irrevocably submits to the aforesaid jurisdiction and waives any and all objections they may have to such jurisdiction on the grounds if inconvenient forum or otherwise.
- If Jobkitten fails to enforce any right or provision of these Terms, it will not be considered a waiver of those rights.
- If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provision of these Terms will remain in effect.
If you have any questions about these Terms, please contact us.