HRBOX End User License Agreement
(hereinafter, the "Agreement")1. Terms and Definitions
2. Statement of Works Hereunder
- "Service" shall mean a computer program (as defined in Article 1261 of the Civil Code of the Russian Federation), the exclusive right to which belongs to the Licensor, consisting of specialized software designed for automated management of the Licensee's personnel, hosted on the Licensor's hardware and software system, accessed via the Website www.hrbox.io.
- "Licensor" shall mean an exclusive owner of the Service as defined in Article 1229, Part 1 of the Civil Code of the Russian Federation.
- "Licensee" shall mean a legal entity or a self-employed person receiving the right of access to the Service hereunder from the Licensor for the purposes other than the transfer or sale to third parties and using the Service to perform its own specific functions and tasks, including those related to business operation.
- "Third-Party Services" shall mean Internet websites generating the data used by the Service.
- "Service User" shall mean a person having accessed the Service, information on which is provided by or through the Licensee.
- "Candidate Database" shall mean a totality of data obtained by the Licensee using Third-Party Services concerning the Candidates, or obtained from other sources and entered into the Service directly by the Licensee.
- "Account" shall mean a credentials record, a structure of specific data, information collectively related to a single computer program item and individualized by the credentials specified by the Licensee when registering on the Website.
- "Credentials" shall mean the e-mail address and password for accessing the Service provided by the Licensee when registering in the Service on the Website, or other data used by the Licensee for registration in the Service (including when registering via Third-Party Services, i.e. Google, Facebook, etc.).
- "Website" shall mean the official website of the Licensor at www.hrbox.io.
- "End User License Agreement" shall mean the general terms and conditions of use of the Service (www.hrbox.io), which are an integral part hereof and shall only be applicable to the extent that it does not conflict with the Agreement.
3. The Use of Personal Data and Third-Party Services
- The Licensor offers the Licensee, which completed registration form provided by the Service, the right to use the Service for the organization of the Licensee's personnel management.
- The right to use the Service specified in Clause 2.1. hereof may be granted to the Licensee for a consideration or free of charge.
- This Agreement is an offer in accordance with Article 438 of the Civil Code of the Russian Federation.
- Completing the registration form by the Licensee and expressing consent to the terms and conditions hereof by clicking the "Get Started", "Register" button or a similar button on the Service page containing the registration form shall be considered an unconditional acceptance of the terms and conditions hereof.
- This Agreement shall be executed by accepting the offer in accordance with Clause 2.3. hereof, valid in electronic form and do not require execution of separate hard-copy document.
- The Licensor is entitled to amend the terms and conditions hereof and its integral parts without the consent of the Licensee. The Licensor shall notify the Licensee of such amendments by posting a renewed Agreement or its amended integral part in the Service.
4. Procedure for Contractor's Service Payment
- The Licensee shall independently govern its relations with Third-Party Services used to obtain the required data, including independent payments for the use of Third-Party Services.
- The Licensor shall not be liable for the Licensee's compliance with the rules of Third-Party Services and the information obtained through them use.
- The Licensor shall not be liable for the Licensee's compliance with the Personal Data use rules and laws, or for the use (transfer, depersonalization, blocking, destruction, search and presentation) of information about employees (and other users of the Service) and other publicly available Personal Data of employees (and other users of the Service) based on the Personal Data and information uploaded in the Service.
- The Licensor shall not be liable for the validity, reliability and accuracy of the information (including information about the employees and other users of the Service) uploaded by the Licensee.
- The Licensor shall not be liable for the misuse of the Personal Data of the Service users, should the misuse was due to:
- provision by the Licensee of passwords or other information about the Service to non-user third-parties or to other users who, since they are not registered in the Service or for other reasons, have no access to such information;
- violation of the Service information security;
- Service disruption, provided this was due to the Service misuse by third parties;
- failures of software, computer networks and servers that occurred through no fault of the Licensor and not controlled by the Licensor.
- In the absence or termination of the Licensee's access to Third-Party Services, the Licensor shall not be liable for the impossibility of obtaining data through Third-Party Services or updating the Licensee's data previously obtained through Third-Party Services.
- The Licensor is not a representative of the users, Third-party Services, or other persons providing information for the software. The Licensor shall not be held liable for the obligations established between the Licensee and the persons specified in this Clause.
- The Licensee acknowledge that by accepting of the terms and conditions hereof, it voluntarily provides access to its Personal Data to the Service, including the provision of its Personal Data for processing by the Licensor.
- The Licensor shall process only those Personal Data of the Licensee that were submitted by the Licensee to the Service. The Licensor shall process the Licensee's Personal Data through the software, hardware and technical facilities of the Service.
- To avoid unauthorized access to the Service, the Licensee shall not transfer its credentials (password and other data used during registration in the Service) to third parties.
5. Liability of the Parties
- The license fee and payment procedure shall be determined in accordance with this Agreement and the terms and conditions posted at www.hrbox.io
- The license fee hereunder shall be paid by electronic advance payment in full.
- The transfer of funds shall be performed by bank transfer.
- At the end of the license period paid by the Licensee, the Licensor shall suspend the operation of the Service by blocking the Licensee's account. Access to the Service may be resumed after the Licensee pays the license fee to the Licensor.
6. MiscellaneousLicensor mailing address:
- The Licensee shall not use the following in any way without the prior written consent of the Licensor:
- the design and program code of the Service;
- the informational, graphic, audio, video, photo and other design and content of the Service produced and posted by the Licensor in the Service (including those not visible without performing special (including illegal) actions).
- The items mentioned in Clause 5.1 hereof are the intellectual property of the Licensor or other right holders (should the Licensor use thereof subject to agreements with the right holders). The rights to such intellectual property are not the subject hereof.
- The Licensee shall be held liable in accordance with the applicable laws of the Russian Federation for its actions/omission, should such actions/omission resulted in a violation of the Licensor's rights or be aimed at violating the Licensor's intellectual property rights specified in Clause 5.1. hereof. Should the Licensee violate the provisions of Clause 5.1. hereof, the Licensor shall be entitled to terminate the Licensee's access to the Service with immediate effect.
- The Licensee shall be liable for the Content or other information it posts in the Service.
- The Licensee shall be liable for the actions of persons having access to the Service as a result of the Licensee provides the user with access to the Service.
- The Licensee represents and warrants that it has authority to enter into this Agreement.
- The Licensee shall not:
- promote or advertise through the Service the social, racial, national or religious hatred and enmity, war, social, racial, national, religious or linguistic superiority, or however refer (including by placing a link) to the location of materials containing signs of such propaganda or agitation;
- use the Service to promote suicide, to download, store and distribute information containing a description of suicide methods and any incitement to commit it; information about narcotic and psychotropic substances, including information about the distribution of drugs, recipes for their production and tips on use, or however refer (including by placing a link) to the location of materials containing signs of such propaganda or the specified information;
- use the Service to publish pornographic images of minors and/or ads about attracting minors as performers to participate in pornographic entertainment events, or however refer (including by placing a link) to the location of such materials and ads;
- The Licensor shall not be liable for non-fulfillment or improper fulfillment hereunder, or for possible losses arising, including, but not limited to, as a result of:
- illegal actions of the Licensee aimed at violating the information security or the normal functioning of the Service;
- illegal actions of third parties aimed at violating the information security and the normal functioning of the Service, in case the Licensor is unable to foresee and prevent such actions and their consequences;
- unavailability (inability to establish, termination, etc.) of Internet connections between the Licensee's server and the Service server;
- violations in the operation and termination of the Service, in case such violations are caused by errors in the code, computer viruses and other extraneous code fragments in the software of the Service;
- law enforcement intelligence actions by state authorities or municipal bodies, other authorized bodies, organizations or persons;
- application of the state regulation of business activities of commercial organizations on the Internet resulting in difficulties or impossibility to perform hereunder by the Licensor;
- other circumstances related to the actions or omission of the Licensee or other persons resulting in a deterioration of the general conditions of the Internet and/or computer equipment operation compared with that existing at the time of the execution hereof.
- The Licensor shall not be liable for the legality of the actions of the Licensee in the Service using its credentials.
- The Licensor shall not be liable for the loss or damage to data as a result of the Licensee's violation of the Service use rules hereunder, or the rules of Third-Party Services use for the purpose of obtaining information about the Candidates by the Licensee.
- The Licensor shall not be liable for the direct or indirect damage, or lost profits of the Licensee or other third parties caused as a result of:
- unauthorized access by any third parties to the Licensee's personal information;
- termination of the Service as a whole;
- disclosure of information about the Licensee to third parties through no fault of the Licensor.
- All actions performed by a person registered in the Service using the Licensee's credentials will be considered actions performed by the Licensee. The Licensee shall bear sole liability for actions performed by it at the use of the Service, and for all actions performed by third parties registered in the Service using the Licensee's credentials.
- The Licensor shall not be required to provide the Licensee with any evidence, documents, etc., certifying that the Licensee has violated the terms hereof which resulted in the denial of the Licensee's access to the Service.
- The Licensor shall not be liable for the Licensee's actions in using the Service.
- The Licensor shall not be liable for the safety of personal data posted by the Licensee in the Service.
- The Licensor shall reasonably undertake to protect the personal data posted in the Service.
HRBOX LLC, Republic of Kazakhstan
- The disputes of the Licensee and the Licensor shall be settled through negotiations. In case of failure to reach an agreement through negotiations, the Parties shall use the complaint procedure for dispute resolution in accordance with Clauses 6.2.–6.7. hereof.
- The Licensor shall accept and consider the Licensee's complaints filed in writing and in accordance with the procedure provided for herein and in the applicable laws of the Russian Federation.
- The Licensee shall submit the complaint to the Licensor by e-mail to firstname.lastname@example.org. The Licensee's complaint shall contain the following:
- the substance;
- the justification;
- the Licensee's credentials for the purposes of registering in the Service;
- other Licensee data providing for identification.
- Additionally, the Licensee shall post the complaint in writing by mail.
- The Licensor shall not consider anonymous complaints, complaints sent in violation of the applicable procedure, or omitting any details provided in Clause 6.4. hereof, and the complaints whose content does not allow the Licensee to be identified.
- Subject to the compliance with the form and the provisions of Clause 6.4. hereof, the Licensor shall consider the complaint within ten (10) business days from the receipt, and return the response to the Licensee's complaint to the e-mail address or mailing address specified in the Licensee's complaint received by the Licensor.
- Should the dispute cannot be resolved in the course of pre-court dispute settlement procedure, the dispute shall be subjected to judicial resolution in accordance with the applicable laws.
- The issues not covered herein shall be governed in accordance with the laws of the Russian Federation.
Official seat: 05057 Almaty, Bostandyskiy region, Mynbaeva street, 53 blg. 1
BIN 221140045299Oskar Group of Companies LLC, Russian Federation
MiscellaneousLicensor mailing address: 14 Aviakonstruktora Mikoyana str., bld. 2, office 137, Moscow, 125252.
Licensor e-mail address: email@example.com
Licensor technical support e-mail address: firstname.lastname@example.org
Licensor's e-mail address for complaints: email@example.com
Licensor Taxpayer Identification Number (INN): 7714457444
Licensor Tax Registration Reason Code (KPP): 771401001
Licensor Primary State Registration Number (OGRN): 1207700031208
Certificate of State Registration