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HAYSTACK ANALYTICA TERMS OF USE

Introduction

HayStack Analytica is a cloud-based, AI personality assessment platform and mobile application (jointly the "Service") where HayStack Analytica's customers can assess their employees, prospective clients and/or freelancers (hereinafter jointly the "Candidates"). For Candidates, HayStack Analytica provides a platform get their personality assessed by HayStack Analytica´s customers.

These Terms of Use govern the Candidates' use of the Service. By using the Service, you indicate to agree to these Terms of Use and agree to abide by them; if you don't agree, do not use the Service. By clicking the box referring to these Terms of Use in the Service, a binding contract is formed between Candidate and HayStack Analytica to which the terms set forth herein are applied. HayStack Analytica reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is Candidate's responsibility to periodically check-up these Terms of Use for changes. Changes will be notified to all Candidates on the front page of the Service. Continued use of the Service by Candidate following the posting of changes will imply that Candidate accepts and agrees the changes.

Definitions

As used in these Terms of Use, the following capitalized terms shall have the meaning set out below.

"Agreement" means these HayStack Analytica Terms of Use, which Candidate is entering into by signing up or otherwise using the Service provided by HayStack Analytica.

"Candidate" shall mean a private individual, subscribing to the Service on behalf of himself/herself or on behalf of a company as a service provider. In case the private individual represents a company, the terms and conditions set out herein applying for the Candidate shall apply mutatis mutandis to the company the private individual subscribing to the Service represents.

"Candidate Content" shall mean the content posted or uploaded by Candidate (which may include for example, pictures, text, videos, messages, information, designs, models and/or other types of content) to the Service.

"Candidate Data" shall mean all Candidate's data that a Candidate generates in or submits to the Service or the data Candidate submits.

"Customer" means the entity which has subscribed to the Service as a customer in accordance with the Terms of Service for Customers.

"Intellectual Property Rights" shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

"Party" shall mean Candidate or HayStack Analytica (jointly the "Parties").

"Service" means the online personality assessment platform and mobile application provided by HayStack Analytica for the purpose of matching companies looking for employees, prospective clients and/or freelancers.

"HayStack Analytica" shall mean HayStack Analytica S.L. (business ID: B01596410), address Tiradors 9, 6-1, 08003 Barcelona, Spain.

"HayStack Analytica Website" means the website of HayStack Analytica (https://hirewithhaystack.com).

Use of Service

Service

HayStack Analytica provides an online personality assessment platform and mobile application, which allow Candidates to submit certain information and communicate with HayStack Analytica's Customers.

The Service and the functionalities thereof are described in the service descriptions available on HayStack Analytica Website.

Misuse of the Service may lead to termination of the right to use the Service or suspension or denial of access to the Service.

The Service may create or generate certain models, analyses, statistics, reports and comparisons. HayStack Analytica is not liable for any deficiencies or inaccuracies in any of the models, analyses, statistics, reports or comparisons generated by the Service or the usability of the same or the results thereof. The use and exploitation of any results or materials generated by the Service is the sole responsibility of Candidate.

Right to use the Service and eligibility

Subject to the eligibility requirements and compliance with these Terms of Use, HayStack Analytica grants to Candidate a non-exclusive, non-transferable, limited right to enter and use the Service during the validity of this Agreement.

In order to register in the Service as a Candidate, Candidate must be at least 18 years old.

Intellectual Property Rights

All Intellectual Property Rights to and in the Service and all content on the Service and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound, designs, models and other files, and their selection and arrangement (the "Content"), as well as Intellectual Property Rights pertaining thereto, are exclusive property of HayStack Analytica or its licensors with all rights reserved. HayStack Analytica grants Candidate a limited, non-exclusive, revocable license to use the Service and Content during the validity of the Agreement.

Candidate agrees not to resell the Service or the Content or redistribute or transfer the Service or the Content.

The Service and the Content are licensed, not sold, to Candidate, and HayStack Analytica and its licensors retain ownership of all copies of the Service and the Content even after installation on Candidate's personal computer, mobile device and/or other relevant devices.

Candidate's obligations and rights

When registering as a Candidate to the Service, Candidate shall provide true, accurate and complete information as prompted by the registration form.

In order to use the platform, Candidate is required to give a consent for the transfer of Candidate Data to a certain Customer. When using the platform, the Candidate will consent to the transfer of Candidate's identification and personal data to a certain Customer. By giving the consents and permissions, Candidate warrants and represents that Candidate is allowed and permitted to give such consents and permissions, on behalf of himself/herself or on behalf of the company the Candidate represents.

After Candidate has subscribed to the Service, Candidate shall create a user name and password which shall be used when Candidate signs in to the Service. Candidate shall be liable for any acts committed under Candidate's account. Candidate shall ensure the security of Candidate's passwords and user names and shall inform HayStack Analytica immediately in case Candidate suspects that the security of Candidate's account information has been compromised or if Candidate suspects any unauthorized use or access of Candidate's account.

The Service shall be available for Candidate with the functionalities currently available at each time. The Service might include certain components offered by third party service providers. In addition, the Service may include certain links to social media sites and services.

Please note that these Terms of Use and the Agreement only cover the Service and the use thereof and any and all linked third party services and platforms are provided by the relevant third parties and covered by their Terms of Use or other agreement or license. HayStack Analytica does not assume any liability in regard to use of such third party services and platforms, whether or not they are linked to the Service.

Candidate shall be solely and exclusively liable for all decisions pertaining to any content or questions listed in the Service and any consequences of replying them.

For clarity, Candidate shall independently decide on and conclude any agreements directly with the relevant Customer and HayStack Analytica shall not be a party to any employment, sales or purchase agreement.

Use restrictions

Candidate is not permitted and not entitled to permit others to do any of the following:

  • copy, redistribute, reproduce, record, transfer, perform or display to the public, broadcast, or make available to the public any part of the Service or the Content, or otherwise make any use of the Service or the Content which is not expressly permitted under these Terms of Use or applicable law or which otherwise infringes the Intellectual Property Rights (such as copyright) in the Service or the Content or any part of it or any other Intellectual Property Rights of third parties;
  • use the Service and the Content available through the Service in any manner that could damage, disable, overburden or impair the Service or the Content available through the Service;
  • use any data mining, robots, scraping, or similar data gathering or extraction methods;
  • sign up for an account on behalf of someone else;
  • use, sell, rent, transfer, license or otherwise provide anybody with the Service and/or the Content available through the Service, except as provided herein;
  • interfere with other Candidates' use and enjoyment of the Service;
  • circumvent or try to circumvent any usage control or anti-copy functionalities of the Service;
  • reverse engineer or decompile the Service or access the source code thereof, except as permitted by law;
  • use the Service for transmitting any unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, or any other form of solicitation or mass messaging;
  • use the Service in violation of applicable law;
  • use the Service in ways that violate Intellectual Property Rights, business secrets or privacy of third parties;
  • use the Service to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.
Data Processing

HayStack Analytica collects and processes data, including personal data, in relation to Candidate's account and use of the Service, such as contact details, identification data and other data Candidate submits to the Service. HayStack Analytica processes such personal data in accordance with its Privacy Policy in force from time to time. The Privacy Policy can be found from the HayStack Analytica Website.

Candidate Content and Candidate Data

Candidate may post and upload content and data to the Service. Candidate may provide HayStack Analytica with personal information, such as name, e-mail address, competences and current employer. In addition, Candidates may indicate their availability, working preferences as well as professional characteristics. HayStack Analytica does not share or disclose such data or content with any third parties or with other Candidates of the Service, without Candidate's explicit prior consent.

Candidate agrees that HayStack Analytica does not assume any liability or responsibility in respect to any such Candidate Content or Candidate Data and Candidate shall at all times ensure that Candidate Content and/or Candidate Data do not infringe any rights of third parties or any applicable law. For clarity, HayStack Analytica is not responsible and shall not be held liable for any Candidate Content or Candidate Data, nor does it endorse any opinion contained in any Candidate Content or Candidate Data.

Candidate grants HayStack Analytica a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide licence to use, reproduce, translate, modify, create derivative works from any Candidate Content in connection with the Service, in order to provide the Service, through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.

Aside from the rights specifically granted herein, Candidate retains ownership of all rights, including Intellectual Property Rights, in the Candidate Content and Candidate Data.

Limited Warranty

HayStack Analytica will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, HayStack Analytica reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to Candidate, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof.

Candidate shall understand, agree, and accept that HayStack Analytica has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. HayStack Analytica and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

The Service is provided "as is" and "as available" without express or implied warranty or condition of any kind. HayStack Analytica shall therefore not guarantee successful recruitment or any agreement between Customer and Candidate. In addition, HayStack Analytica is not responsible for the accuracy of the information provided by the Candidates in their profiles.

Limitation of liability

Neither Party shall be liable to each other, whatever the cause thereof, for any loss of profit, business or goodwill or loss caused as a result of interruptions in business or any other indirect damages arising under these Terms of Use or in connection with the access and use of the Service. This limitation shall not apply in cases of intentional misconduct or gross negligence and breaches of section "Intellectual Property Rights".

The Parties do not restrict their liability for any matter in respect of which, by mandatory law, it is not permitted to restrict its liability.

Confidentiality

The Parties may exchange confidential information during the provision and use of the Service. All confidential information shall remain the property of the disclosing Party and the receiving Party shall keep confidential and refrain from using such confidential information otherwise than for the purposes of providing and using the Service.

Termination

The Candidate shall have the right to use the Service during the validity of this Agreement.

HayStack Analytica may suspend Candidate's access to the Service at any time, including in the event of Candidate's actual or suspected unauthorised use of the Service and/or Content, or non-compliance with these Terms of Use.

Candidate may terminate this Agreement and cease to use the Service at any time. When the Candidate terminates this Agreement and ceases to use the Service, HayStack Analytica shall delete all Candidate Content and Candidate Data from the Service.

If Customer or HayStack Analytica terminates the Agreement, or if HayStack Analytica suspends Candidate's access to the Service, Candidate agrees that HayStack Analytica shall have no liability or responsibility towards Candidate, to the fullest extent permitted under applicable law.

Assignment

HayStack Analytica shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or a successor or to a purchaser or acquirer of its business assets without Candidate's prior consent.

Candidate shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

Applicable law and dispute resolution

These Terms of Use shall be governed by and construed in accordance with the laws of Spain, except for its provisions on choice of law.

Any dispute, controversy or claim arising out of or relating to these Terms of Use, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Spain Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Barcelona, Spain.