Terms Of Service

TERMS OF USE

Last revised: September 4, 2023

This website is operated by Huntly.ai Inc., together with its affiliates, associates, and partners (collectively referred to as "we", "us" and "our"). We encourage you to read these Terms of Use ("Terms") carefully. Any use of our website, platform, services and any information or content included therein is subject to these Terms. By accessing or using the website, platform or our services, you signify that you have read these Terms and agree to be bound by and comply with them. If you do not agree with these Terms, please do not use our website, platform or services.

Disclaimers

This Website is provided on an "as-is" and "as available" basis, and we do not warrant, and hereby disclaim any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of information obtained from this Website. Any reliance on the information on this Website is at your own risk.

We do not warrant that this Website will operate in an uninterrupted or error-free manner or that this Website is free of viruses or other harmful components. Access to this Website is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. We make no representations that the Website is appropriate or available for use outside of the United States and/or the European Union/ European Economic Area. If you access or use the Website from other jurisdictions, please keep in mind that you do so at your own risk and that you are entirely responsible for compliance with all applicable laws and regulations.

The use of virtual private network (VPN) services or proxy servers to access or interact with this Website is strictly prohibited. You are expressly prohibited from employing any technology or method that masks, alters, or conceals your true internet protocol (IP) address with the intention of circumventing geographical or content-based restrictions, manipulating access privileges, or engaging in any activity that contravenes the intended use and functionality of the Website. Violation may result in account suspension or termination. We reserve the right to take appropriate measures to enforce this policy.

We reserve the right to change, suspend, or cease this Website without notice to you.

Representations

You hereby represent that neither you, nor any company you represent, nor any beneficial owner of your company, nor any candidate you refer are:

· a citizen or resident of a geographic area in which access to or use of the Website is prohibited by applicable law, decree, regulation, treaty, or administrative act;

· a citizen or resident of, or located in, a geographic area that is subject to the United States and/or the European Union/ European Economic Area sanctions or embargoes; or

· an individual, or an individual employed by or associated with an entity, identified on the United States or the European Union/ European Economic Area denied persons or entity lists, blocked persons or entity lists, debarred parties lists, and/or any other similar lists that make you ineligible to receive items subject to the United States and/or the European Union/ European Economic Area export control laws and regulations.

You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease accessing or using the Website.

Eligible age

We do not encourage, advertise or offer our website, platform or services to children. If you are under 18, please do not use our website, platform or services.

Links to other websites

This Website may include links to websites maintained or controlled by third parties. Such links are provided solely for your convenience and informational purposes. We are not responsible for the content, privacy policies, or practices of such third-party websites.

Limitation of use

In addition to other restrictions as set forth in these Terms:

· you shall not use this Website for any purpose that is unlawful or prohibited by these Terms;

· you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of this Website;

· you shall not access this Website in order to build a similar or competitive website; and

· no part of this Website may be copied, reproduced, distributed, republished, downloaded, posted, transmitted or used in any form or by any means unless otherwise indicated.

Registration & sign in

We offer you to register and sign in on our Website using relevant registration and sign-in forms. Additionally, You can update or delete your account on our Website, including deleting or amending specific information, through your user’s electronic cabinet on the Website or by contacting us (please see details in Section "Contact us" herein below).

Limitation of liability

You hereby discharge us and our officers, employees, agents and successors from, and hereby waive, each and every past, present and future claim, demand, right, obligation and liability of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, this Website.

You agree that, to the maximum extent permitted by law, we will not be liable to you or any third-party for any loss or damages, either actual or consequential arising out of or relating to these Terms or your use of, or inability to use this Website.

We presume that all Website users comply with all applicable laws and regulations (including in the sphere of data protection). However, if you breach them while using the Website, you shall indemnify, defend, and hold harmless us from any and all claims, damages, losses, liabilities, costs, and expenses arising out of, or in connection with, your breach.

Copyright/trademark information

All intellectual property (including, but not limited to trademarks, logos and service marks) displayed on this Website are our property or the property of other third-parties. You are not permitted to use these without our prior written consent or the consent of such third party which may own them.

Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Term, changes and other

These Terms will remain in full force and effect while you use this Website. Any future release, update, or other addition to functionality of this Website shall be subject to these Terms. We reserve the right, at our sole discretion, to modify or replace these Terms without notice at any time. You can review the most current version of the Terms at any time at this page.

Additional rules for recruiters

If you, as a user, submit any information regarding the candidates on our Website, you are considered a recruiter for the purpose of these Terms. From the moment you refer a candidate, our legal relations with you as a recruiter will be governed by this Section of the Terms.

Referral rules. You can refer a candidate to any of the vacancies presented on our Website after obtaining the candidate’s consent to transfer his/her/their personal data (please see details in in our Privacy & Cookie Policy). We kindly ask you to refer only those candidates whose CVs are relevant, meaning they: align reasonably with the requirements of the applicable vacancy (including, but not limited to, technology, location, expected remuneration and type of engagement), have not previously been submitted by any other recruiter for the applicable vacancy, are not present in our or the employer’s databases, and have not been rejected for any other reason. Be aware that we retain the right to verify the CVs and other information provided by you by contacting the referred candidates, and may impose restrictions on your account if you submit too many candidates’ CVs that do not meet the requirements.

Please ensure that you take appropriate steps to verify that the referral you make is in compliance with the terms outlined in Section “Representations”. We highly recommend that you effectively communicate these Terms and, specifically, Section “Representations” to the candidates you are referring.

We shall keep you informed regarding the processing of the candidate’s CV referred by you.

We reserve the right to reject submitted CVs for whatever reason. In certain cases, we may need to remove a vacancy from our Website at the employer's request or for other reasons, that will result in the automatic rejection of your submitted CVs concerning the removed vacancy.

Referral bonus. You are eligible to referral bonuses in case the candidate presented by you fills the open vacancy if all requirements and conditions presented in these Terms are met. Each referral bonus is divided into four equal portions which are payable to you subject to the following conditions:

1. The first portion is payable when the candidate is engaged by the employer (the vacancy is filled with the candidate that you have referred).

2. The second portion is payable when the candidate that you have referred has stayed with the employer for more than 30 calendar days.

3. The third portion is payable when the candidate that you have referred has stayed with the employer for more than 60 calendar days.

4. The fourth portion is payable when the candidate that you have referred has stayed with the employer for more than 90 calendar days.

We will notify you of each of the abovementioned events (whether they take place or not). The amount of the referral bonus payable to you corresponds to the amount specified in the applicable vacancy less our service fee as set forth in Section “Service fee”.

To claim the portion of the referral bonus after you have received the corresponding notification from us, please, make sure that you inform us of your payment details; otherwise, no payment can be made. To do it, please simply follow these steps:

· Step 1: Prepare an invoice. You do not need to make any calculations – we will notify you the amount payable. Simply specify your name, tax number, address, and payment details. If you have issues preparing an invoice, you can use our sample invoice, which we may share with you upon request.

We offer several options for payments: money transfer to your bank account or transfer via common payment systems such as Wise or Payoneer. If you prefer another payment method, not mentioned above, please let us know, and we will do our best to accommodate your needs. Once you have completed the invoice, please send it to: contact@huntly.ai.

· Step 2: Wait for approval. Our team will review your invoice and initiate the payment within ten business days. We will send you an email to confirm that the payment has been processed.

· Step 3: Receive the portion of your bonus. Depending on your country and bank, the payment will arrive within 2-5 business days. Please be aware that the arrival of the payment to your bank account may depend on matters beyond our reasonable control; thus, we disclaim all liability related to the delay in payment caused without our fault.

· Step 4: Confirm payment receipt. After you receive each payment, please confirm it with us at contact@huntly.ai.

Please note that we may ask you to provide us with some additional information before proceeding with the payment. This may be required to check whether you comply with Section “Representations”. If it happens so that you do not comply with Section “Representations”, you will not receive the referral bonus.

Please note that subject to Section “Referral rules” above, we will reject the candidate and will not proceed with the referral bonus if it appears that the referral has been made violates Section “Representations”.

However, if the employer chooses to proceed with hiring such a candidate despite the violations, we may, at our discretion, consider the payment of the bonus or its portion on a case-by-case basis.

Please note that if you refer a candidate for an open vacancy, but the employer is already considering this candidate for that same position, you will not receive the referral bonus. To ensure fairness, we shall carefully check each case to eliminate the misapplication of this exclusion and inform you immediately if it happens. Such cases do not affect your opportunity to get our awards and extra bonuses as described below.

Service fee. Recruiters agree to pay Huntly a Service fee for the use of the platform. A Service fee is only charged when the referral bonus is paid and is fixed at 25% of the corresponding referral bonus. You do not need to make any payments to us – we deduct the Service fee each time we pay you the referral bonus or its portion.

Example: For instance, if the referral bonus is set at USD 4,000, you will receive the total of USD 3,000 to your bank account (assuming that all conditions are met), while the sum of USD 1,000 will be credited as our Service fee. Correspondingly, each portion of the referral bonus will be less our Service fee and amount USD 750 (USD 3,000 divided by four).

Old rules. Temporarily, upon December 31, 2023, the vacancies of ChromaWay, Dotmatics, LivePerson, People.ai, and Siri AB are subject to the “old rules”. It means that the referral bonus is payable in full after the first day of work/provision of services by the referred candidate to the employer without deduction of any Service fees from the referral bonus subject to the steps to receive the referral bonus as described above. If you have referred a candidate within the abovementioned timeframe the “old rules” will apply irrespective of the date the vacancy was filled.

Awards and extra bonuses. We are excited to offer a referral bonus for any successful candidate you refer. To keep you motivated, we may occasionally grant extra bonuses and awards. These extra bonuses and awards may be granted in the following cases:

· Biggest Number of Relevant CVs Submitted. At our sole discretion, we may offer extra bonuses to recruiters who submit the biggest number of relevant CVs (please see the relevant criteria in Section "Referral rules")

· CV Submitted to a Hot Vacancy. Effective from May 29, 2023, for a period of 3 weeks ("Promotion Period"), an extra bonus of up to 10 USD (or the equivalent in the local currency) will be provided to any recruiter who submits for a vacancy labeled "Hot" a relevant CV (please see the relevant criteria in Section "Referral rules"). The list of "Hot" vacancies and the specific amount of the extra bonus (determined at our sole discretion) will be posted on the Website and may change from time to time without notice.

We reserve the right to contact any referred candidate and verify their CV and other information provided by a recruiter. If the recruiter submits an excessive number of candidates' CVs that fail to meet the requirements, or if we discover any CVs with fabricated information or detect any other fraudulent activity, the recruiter will forfeit their right to the extra bonus for both the current and any future submitted CVs.

There is no limit to the number of recruiters who can receive an extra bonus for submitting CVs to a "Hot"-labeled vacancy, nor is there a limit to the number of times a single recruiter can receive such an extra bonus, provided that the conditions for awarding are met. As a general rule, the payment will be processed within 10 business days from the end date of the Promotion Period, provided that all awarding conditions have been met.

We will notify you when you are eligible for an award or extra bonus, provide you with information on the payment procedure, and kindly ask you to provide your payment details as specified above.

We reserve the right to modify (change the duration, amount, and any other conditions) or cancel any extra bonus or award program at any time, with or without notice, at our sole discretion. Any changes to the terms of our extra bonus or award program will be reflected in these Terms.

Contact us

In case of any questions concerning these Terms or this Website please contact us by one of the following means:

Email: contact@huntly.ai

Postal address: 919 North Market Street, Suite 950, Wilmington, DE 19801, USA