Hirebird Terms and Conditions

Last Updated: [October 16, 2024]

Welcome to Hirebird ("Hirebird," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website (the "Site"), services, software, mobile applications, content, and all other products and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use our Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Acceptance of Terms

By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Eligibility

The Services are intended for users who are at least 13 years old. By using the Services, you represent and warrant that you meet the eligibility requirements. If you are under 18, you must have the permission of a parent or legal guardian to use the Services.

3. Account Registration

a. Account Creation

To access certain features of the Services, you may be required to create an account ("Account"). When creating an Account, you agree to:

  • Provide accurate, current, and complete information.

  • Maintain and promptly update your Account information.

  • Keep your password secure and confidential.

  • Notify us immediately of any unauthorized use of your Account.

b. Account Responsibility

You are solely responsible for all activities that occur under your Account. Hirebird is not liable for any loss or damage arising from your failure to comply with these requirements.

4. Use of the Services

a. License Grant

Hirebird grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal or internal business purposes, in accordance with these Terms.

b. Prohibited Activities

You agree not to:

  • Use the Services for any illegal or unauthorized purpose.

  • Access or use the Services in any manner that could interfere with, disrupt, or negatively affect the Services or servers or networks connected to the Services.

  • Reverse engineer, decompile, or disassemble any aspect of the Services.

  • Use any automated means or interface to access the Services or extract data.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

c. User Content

You are responsible for all content that you upload, post, or otherwise transmit via the Services ("User Content"). You represent and warrant that:

  • You own or have the necessary rights to use and authorize Hirebird to use your User Content.

  • Your User Content does not violate any third-party rights or applicable laws.

d. Monitoring and Enforcement

Hirebird reserves the right to:

  • Remove or refuse to post any User Content for any or no reason.

  • Take any action with respect to any User Content that we deem necessary or appropriate.

  • Terminate or suspend your access to all or part of the Services.

5. Intellectual Property Rights

a. Ownership

All content, features, and functionality on the Services, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of Hirebird or its licensors and are protected by intellectual property laws.

b. Trademarks

"Hirebird," the Hirebird logo, and all related names, logos, product and service names are trademarks of Hirebird or its affiliates. You must not use such marks without the prior written permission of Hirebird.

c. Feedback

Any feedback, comments, or suggestions you may provide regarding Hirebird or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit without any obligation to you.

6. Payments and Fees

a. Fees

Certain features of the Services may be subject to fees. All fees are in U.S. dollars and are non-refundable, unless otherwise specified.

b. Payment Terms

  • You agree to pay all applicable fees associated with your use of the Services.

  • Payments are due at the time of purchase or as otherwise specified.

  • We may use third-party payment processors to process transactions.

c. Taxes

You are responsible for all taxes associated with your use of the Services, excluding taxes based on Hirebird's net income.

7. Third-Party Services

The Services may include links to third-party websites or services ("Third-Party Services") for your convenience. Hirebird does not endorse or assume any responsibility for any Third-Party Services. Access and use of Third-Party Services are at your own risk and subject to their respective terms and conditions.

8. Privacy

Your use of the Services is subject to Hirebird's Privacy Policy, which describes how we collect, use, and disclose information.

9. Disclaimers

a. No Warranty

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HIREBIRD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

b. No Guarantee

Hirebird does not guarantee the accuracy, completeness, or usefulness of any information on the Services. Any reliance you place on such information is strictly at your own risk.

10. Limitation of Liability

IN NO EVENT WILL HIREBIRD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

  • TOTAL LIABILITY EXCEEDING THE AMOUNT YOU HAVE PAID TO HIREBIRD IN THE LAST TWELVE (12) MONTHS.

11. Indemnification

You agree to defend, indemnify, and hold harmless Hirebird and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Services.

12. Termination

a. Termination by Hirebird

Hirebird may terminate or suspend your access to all or part of the Services at any time, with or without notice, for any reason, including violation of these Terms.

b. Effect of Termination

Upon termination:

  • Your right to use the Services will immediately cease.

  • All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

a. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles.

b. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted by the American Arbitration Association under its Commercial Arbitration Rules.

14. Changes to Terms

a. Modifications

Hirebird reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on the Site.

b. Notification

We will endeavor to notify you of significant changes by email or through the Services, but it is your responsibility to review the Terms periodically.

c. Acceptance of Changes

Your continued use of the Services after any modifications indicates your acceptance of the new Terms.

15. Miscellaneous

a. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Hirebird regarding the Services and supersede all prior agreements.

b. Waiver and Severability

  • Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term.

  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in effect.

c. Assignment

You may not assign or transfer your rights or obligations under these Terms without Hirebird's prior written consent. Hirebird may assign its rights and obligations without restriction.