Last updated: March 2, 2020
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Access Rights: any personalized access rights for the SaaS that have been granted by the Subscriber, an End-User or on behalf of the Subscriber
- Application (referred to as either “SaaS”, “Service” in this Terms): the internet application named tomHRM
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority
- Candidate: A candidate for a job position
- Company Account means a unique account created for You to access our Service or parts of our Service. A section of the SaaS designated in the SaaS as a company account and intended to confine the Subscriber Data held under a single Subscription, but also used for other purposes, such as grouping End-Users
- Content refers to content such as text, images, comments, notes, CV’s candidates, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet
- Documentation the user manuals, administration guides, product specifications and integration specifications that are placed at the Subscriber’s disposal by tomHRM relating to the SaaS and or a functionality
- Employee: Employee, contractor or volunteer
- End-Users: Anyone with Access Rights (or “User”)
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service
- Module: part of the subscription
- Promotions refer to contests, sweepstakes or other promotions offered through the Service
- Subscriptions: a trial subscription or paid subscription for the SaaS, including the ancillary subscription-based Services (module or adds-on)
- Free Trial: refers to a limited period of time that may be free when purchasing a Subscription
- Subscription Changes: downgrades, upgrades or changes of a Subscription agreed to by the subscriber
- Subscriber: The person or legal entity that tomHRM account is created for and entering into the Agreement or the successor/assignee of such a legal person (referred to as either “You” or “Your” in this Terms )
- Subscriber Data: any data stored by tomHRM on behalf of the Subscriber as part of the SaaS, excluding back-ups
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and tomHRM regarding the use of the Service
- tomHRM Content: any content made available by tomHRM through its Services and Site
- Third-party Service Provider means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available or used by tomHRM
- You means the individual accessing or using the Service, or tomHRM, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and tomHRM. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
- Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
- By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
- You represent that you are over the age of 18. tomHRM does not permit those under 18 to use the Service.
- When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
- When you sign up for an account for your organization you may specify one Administrator (“Owner account”). You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to info [at] tomhrm [dot] com provided that the process is acceptable to tomHRM. In the absence of any specified administrator account recovery process, tomHRM may provide control of an administrator account to an individual providing proof satisfactory to tomHRM demonstrating authorization to act on behalf of the organization. You agree not to hold tomHRM liable for the consequences of any action taken by tomHRM in good faith in this regard.
- You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service, API tomHRM or a Third-Party.
- You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
- For the sake of clarity and without prejudice to additional attribution to others, all use of Access Rights will be attributed to the Subscriber in the context of the Agreement. An End-User that is not the Subscriber does not derive any rights from these Terms.
3. Free Trial
- tomHRM may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.
- You may be required to enter Your billing information in order to sign up for the Free trial.
- If You do enter Your billing information when signing up for a Free Trial, You will not be charged by tomHRM until the Free trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
- At any time and without notice, tomHRM reserves the right to (i) modify the Terms and Conditions of the Free Trial offer, or (ii) cancel such Free trial offer.
- Trials tomHRM reserves the right to terminate a free trial Subscription at any point in time for any or no reason.
- If You will be not pay for the applicable Subscription fees for the type of Subscription You have selected then free trial account service will be termination.
- tomHRM may delete Free trial account as part of terminated Free Trial Services:
- 60 (sixty) calendar days after termination with no login to Account by administrator,
- 90 (ninety) calendar days after termination with login to Account by administrator.
4. Payment, billing, refunds, upgrading and downgrading
- Your subscription to the Service renews automatically for the same term selected upon initial payment (e.g. month, annual, etc.) unless You cancel it or tomHRM cancels it.
- You may change your subscription term at any time by update subscription in Your Account in App or contacting tomHRM using one of the methods set forth in the contact information below.
- If you are paying by credit card, your credit card will be charged once a month for monthly subscriptions and at the time your annual subscription payment has been depleted based on your tier of employees and subscription to the Service. tomHRM will email you a receipt when your card has been charged. If your card cannot be charged, tomHRM will notify you and you will need to update your payment information. In the event you do not update your payment information within 30 days of tomHRM’s notice, your access to the Service may be suspended and you will need to update your card information in order to resume use of the Service. There will be no refunds or credits for partial months of service.
- Should automatic billing fail to occur for any reason, tomHRM will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
- You shall provide tomHRM with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
- You may cancel Your Subscription renewal either through Your Account settings page or by contacting tomHRM. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. tomHRM does not accept any liability for such loss.
- All fees are exclusive of all taxes or duties imposed by governing authorities. Other than sales taxes which tomHRM may be required to collect from you and remit to appropriate taxing authorities, you are solely responsible for payment of all such taxes or duties.
- tomHRM may at any time, upon notice of at least 90 days, or a longer period if required by applicable Law, change the price of your subscription or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription period will go into effect for any subsequent subscription periods and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your subscription and stop using the Service prior to the commencement of the renewal subscription period for which the price change applies.
5. Refunds policy
- Except when required by law, paid Subscription fees are non-refundable.
- There will be no refunds or credits for partial months of service or upgrade/downgrade refunds.
- If at anytime during your first 2 months using our service you are dissatisfied, please contact us. We will do our best to address your issue, provide a work around or give a timeline for a solution that will meet your needs. Regarding annual subscriptions, cancellation is allowed only within the first 2 months of the subscription with the respective refund being the paid amount pertaining to the residual unused months of the annual subscription, discounted by a cancellation fee of 15% to compensate for our payment providers’ fees and administration overhead. In order to treat everyone equally, no exceptions will be made.
- We know that sometimes Customers forget to cancel an account they no longer want until it is has already been charged. That’s why you can cancel your monthly/annual subscription even 5 business days after your renewal date, and we will still process your cancellation and give you a full refund.
- Certain refund requests for Subscriptions may be considered by tomHRM on a case-by-case basis and granted at the sole discretion of tomHRM.
- Technical support is only provided to paying account holders and is only available via email: support [at] tomhrm [dot] com or chat in app for Owner Account.
- Service Level tomRHM will make commercially reasonable efforts to respond to all incoming Support requests within 1-2 Business Days.
- Availability tomHRM at the service level of 99.95% throughout the billing period
- You understand that toMHRM uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
7. Cancelation, termination
- You are solely responsible for the proper cancellation of your subscription. You may cancel your subscription at any time by emailing info [at] tomhrm [dot] com
- We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
- Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
- tomHRM, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service at any time and without prior notice in case of (a) fraudulent, criminal, grossly negligent, willful, or otherwise intentional misconduct, or violation of any law or regulation, in connection with the performance of your obligations hereunder and/or (b) demonstrated usage negatively impacting the performance of the Service and/or (c) breach of the herein Service terms and conditions. Such termination of the Service 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 or any other similar action deemed appropriate.
- Data Export and Deletion of Data In case of termination of Services the Subscriber has the right to download or request Subscriber Content held by tomHRM as part of the terminated Services through the API of the SaaS within 30 (thirty) calendar days after termination. However, in case of termination of the Services for breach of the Terms this will result in the deactivation or deletion of the Services and Subscriber’s access to Company Accounts and the forfeiture and relinquishment of all Subscriber Content. tomHRM may delete all Subscriber Content held by tomHRM as part of terminated Services 90 (thirty) calendar days after termination.
8. Data Ownership, copyright policy
- You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant tomHRM the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for tomHRM’s commercial, marketing or any similar purpose. But you grant tomHRM permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to You.
- tomHRM is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
- We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
- If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info [at] tomhrm [dot] com and include in Your notice a detailed description of the alleged infringement.
- You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
- Unless otherwise agreed to by You and tomHRM, during the Term and Conditions, tomHRM may disclose your name as a customer of tomHRM and/or subscriber to the Service, and you hereby grant tomHRM the right to display your name, company, and logo in tomHRM marketing materials and on tomHRM’s public website, in each case in accordance with any branding guidelines you may provide to tomHRM.
- tomHRM may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. tomHRM makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
9. Modification of Services, API, Third Party
- tomHRM reserves the right to make changes to the Services at any time in an effort to improve the Services in part or as a whole. If a change may have significant negative consequences for Subscriber’s existing use of the Services as described in the Documentation of the Services, the change will be announced if possible.
- tomHRM reserves the right to modify the API at any time. If tomHRM reasonably determines that a modification may adversely impact You, tomHRM will provide ten (10) days’ notice accordingly to the email address You provided during registration. IF YOU DO NOT WISH TO BE BOUND BY ANY NEW OR MODIFIED TERMS, YOU MUST TERMINATE THE API AGREEMENT BY CEASING USE OF THE API WITHIN TWENTY (20) DAYS OF RECEIPT OF SUCH NOTICE.
- The use of API tomHRM endpoints, however, may be limited up to 1000 API calls per hour.
- Subscriber understands that tomHRM uses Third Party Service Providers to operate the Services. tomHRM does not warrant that information or data including, but not limited to, prices and ratings provided through the Site and the Services will be reliable and accurate where such information is provided by or by means of a Third Party Service Provider.
- We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that tomHRM will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
10. Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of tomHRM and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of tomHRM.
Data Processing Agreement Subscriber will be the controller, as defined in EU Regulation 2016/679 (‘GDPR’), for any personal data processed as part of the Services relating to applicants, potential candidates, referrers of candidates, visitors of a referral site, Candidates and Careers Site visitors. Subscriber will request tomHRM for a data processing agreement (‘DPA’) if such personal data is processed by tomHRM. Upon such request tomHRM will offer Subscriber a DPA that meets all requirements as set out in article 28 GDPR.
12. Limitation of Liability
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF TOMHRM AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR 100 USD IF YOU HAVEN’T PURCHASED ANYTHING THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOMHRM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF TOMHRM OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Any limitations agreed upon under this article will also apply to the liability of tomHRM’s directors, officers, employees, contractors, agents and members.
13. “AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, tomHRM, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, tomHRM provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither tomHRM nor any of tomHRM’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of tomHRM are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
14. Choice of Law and Jurisdiction
- Any claim, controversy or dispute arising out of or relating to the Terms will be governed by Polish law, without regard to its conflict of law provisions. Any disputes arising out of this Agreement shall be resolved by the Parties amicably. If the Parties fail to reach an understanding within thirty (30) days of submission of the claim or issue to the other Party, the dispute shall be resolved by a competent court with jurisdiction for the registered office of tomHRM.
- If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting tomHRM.
- If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
- If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
- United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
- Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
- Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
- We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
- tomHRM Branding Subscriber agrees that a “powered by tomHRM ” graphic or text link can be included in the Services. tomHRM will facilitate that such graphics or links can be disabled or hidden by an End-User for the emails, SMS and Careers Site. Unless expressly prohibited by Subscriber in writing by notifying tomHRM, tomHRM can use Subscriber’s company names, logos and trademarks to mention Subscriber’s usage of the Services in press releases, interviews, promotional materials, sales sheets, presentations, websites and other self-promotional channels.
If you have any questions about these Terms and Conditions, You can contact us by email: info [at] tomhrm [dot] com