HireFire Terms of Service

By using the HireFire.io web site (“Service”), and any related services of Final Creation (“Company”), You are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute Your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.hirefire.io/terms. Violation of any of the terms below could result in the termination of Your Subscription and/or Your Account. You agree to use the Service at Your own risk.

Definitions

• Account means the registration on the HireFire.io website;
• Application means the resource that will be auto scaled;
• Content means your data as provided by You using the Service;
• Organization means a legal entity or an individual;
• Subscription means the right to use the Service on the basis of an Organization.
• Subscription Date means the date when the subscription of the Service has started.
• Subscription Fee means the fee paid by You to the Company to purchase, extend or renew a Subscription. Fees have been paid if the full subscription amount has been credited to Company’s account.
• Subscription Term means the period of one month during which the Service can be used with a Subscription, unless otherwise agreed in writing. The Company retains the right to issue subscriptions with a term of more or less than one month.
• Trial means the right for an Organization to use the Service during a 30-day free trial period;
• User means the individual user under an Account.

License and use rights

License

1. Company grants You, from the Trial start date or Subscription Date, whichever is applicable, a non-exclusive and non-transferable (except as expressly permitted herein) right, for the duration of the Subscription Term and solely for its internal business use, to access and use the Service according to these terms and conditions.
2. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Use rights

1. You agree to operate the Service in accordance with these terms and conditions. Except as expressly set forth in these terms, no other express or implied right or license are granted to You.
2. Except as specifically permitted in these terms, You agree not to: (a) modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, the Company, or any other Company service, (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company (c) rent, lease, sublicense, perform or offer any type of services to third parties through the use of the Service, (d) reverse engineer, decompile, disassemble, adapt or otherwise translate all or part of the Service, (e) upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages, (f) transmit any worms or viruses or any code of a destructive nature, or (g) create multiple accounts in order to increase the length of Your free trial period.

Account and Subscription

Account

1. You must be 18 years or older to register an account to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted and Company shall have the right to terminate such accounts at any time.
3. You must provide a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of Your account and password. The Company cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation.
5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).
6. Your specific consent to register a HireFire account (including a possible subscription with payment obligation), together with these terms of service, constitutes a binding contract between you and HireFire, and covers all of the offerings, websites, products, services, features, content, applications and other things we offer to users like you.

Subscription

1. With a registered account, it is possible to obtain a (trial) Subscription.
2. Upon creating a new account for the Service, You will be able to create an Organization with a free trial Subscription, so long as the Organization is created within the first 30 days of the creation of Your Account. During this time, this Subscription is not considered a “paid Subscription”.

API

1. Customers may access their Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
2. You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from Your use of the API or third-party products that access data via the API.
3. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of Your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.

Support and Consultancy Services

Support

Support regarding the Service is included in the Subscription fee. Support is available on i) a help page on the Company website (https://help.hirefire.io/) and ii) through an email/ticket support system. Support policies are subject to change.

Consultancy

If consulting services are requested, Company shall provide such services on a time and materials basis or as otherwise agreed, at the then-current standard rates when such services are provided.

Payment and Prices

Payment

1. A valid credit card (MasterCard, Visa, American Express) is required for paying Subscriptions.
2. The Service takes a metered and monthly recurring billing approach. You will be billed at the end of each billing cycle. Applications with one or more enabled managers are seen as paid applications.
3. All fees displayed are in United States Dollar ("USD") and will be charged in USD.
4. The Company provides refunds or credits when applicable.

Prices

1. All fees displayed exclude value-added-tax (VAT). Customers residing outside of the European Union are VAT exempt. Customers within the European Union (excluding The Netherlands) with a valid VAT number will receive a VAT reverse charge.
2. Prices of all Services, including but not limited to monthly Subscription fees to the Service, are subject to change upon 30 days’ notice from us to the affected Organization(s). Such notice may be provided at any time through email to the affected Organization(s), or by posting the changes to the Service web site (HireFire.io) or the Service itself.

Intellectual property

Ownership

1. The Company retains ownership in all intellectual property rights in all Company’s Service, software, and all modifications, enhancements or other derivative works thereof. The Service and/or any software is licensed, not sold. You shall preserve and reproduce all copyright, patent and trademark notices which appear in any Company’s service, software and on all partial or integral copies thereof.
2. The Company acknowledges and agrees that any and all intellectual property rights in or in relation to Your Content shall remain exclusively with You.

Intellectual property indemnification

1. The Company will defend You from and against any claim made by a third party against You to the extent the claim is based on an allegation that the Company’s intellectual property, infringes upon, or misappropriates a copyright in any country or a patent of the United States, Japan, or a member state of the European Patent Organization, and the Company will pay all costs, damages and expenses (including reasonable legal fees) finally awarded against You by a court of competent jurisdiction or agreed to in a written settlement agreement signed by the Company arising out of such claim, provided (i) You provide the Company with prompt written notice of the claim, and (ii) You give the Company sole control of the defense of the claim and any related settlement discussions and You provide reasonable cooperation in the defense and settlement of the claim.

Warranty

1. The Company warrants that the Service will conform to all material operational features as described on the Company’s website (https://www.hirefire.io) and the Service is free of errors and defects that materially affect the performance of such features, provided that You promptly notify the Company of any non-conformity, error, or defect. Any minor discrepancies between the functions of the Service and the functions described on the Company’s website shall not be considered a breach of the foregoing sentence. Your sole and exclusive remedy for breach of this warranty shall be the correction of the non-conforming parts of the Service at the Company’s expense.
2. The Company represents and warrants that to its knowledge as of the Subscription date, the Service contains no malicious code or other malicious computer instructions or devices that erase data or programming, or infect, disrupt, damage, disable, or shut down a computer system or any material component of such computer system.

Warranty disclaimer

1. Your use of the Service is at Your sole risk. The service is provided on an “as is” and “as available” basis. The Company does not warrant that (i) the service will meet Your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the service will meet Your expectations, and (v) any errors in the Service will be corrected.
2. You understand and agree that the Service may be disrupted in any way, which may resort in the website not being accessible for a particular time period, and that You are, during this period, unable to make adjustments to Your account.
3. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

Limitation of liability

1. The Company’s liability for direct damages is limited to the value of the Subscription fee paid in the month prior to the event causing the damage giving rise to the claim.
2. The Company is not liable for any indirect, incidental, consequential or punitive damages, including but not limited to damages for loss of income, loss of profits, loss of goodwill, loss of use, loss of business operation, loss of data or other intangible losses.
3. The Company shall in any case not be liable for any (unexpected) Heroku fees.
4. The Company shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.

Termination

1. You are solely responsible for properly terminating Your subscription(s) with the Service. An email or phone request to terminate Your subscription is not considered termination. You can terminate Your subscription at any time by logging in to the service.
2. The Company, at its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Service, or any other Company service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Your account or Your access to Your account, and the deletion of all Content in Your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Confidentiality

1. Confidential Information means non-public information of a confidential nature that when disclosed in writing, is clearly marked with a restrictive legend, such as “Confidential". Confidential Information does not include ideas and concepts that may occur to individuals who have been exposed to Confidential Information. During the period when the Service is provided, and for a period of one (1) year following termination or expiration thereof, the party receiving Confidential Information undertakes to protect the other party’s Confidential Information received in the context of the Service by using the same degree of care that it uses with respect to its own confidential information of a similar nature to avoid disclosure, publication or dissemination of such Confidential Information. The Company is authorized to disclose Your Confidential Information to third parties who have entered into an appropriate confidential disclosure agreement with the Company to the extent necessary to provide the Service.
2. The obligation of confidentiality shall not apply to any information that: (i) is already in the possession of the receiving party without any obligation of confidentiality at the time the information was received from the disclosing party; (ii) is independently developed by the receiving party without reference to the Confidential Information of the disclosing party; (iii) is or becomes publicly available without breach of these Terms; (iv) is rightfully received by the receiving party from a third party without an obligation of confidentiality; (v) is released for disclosure by the disclosing party with its written consent; or (vi) is required to be disclosed in accordance with a judicial or administrative decision, provided that the receiving party provides prompt information to the disclosing party and reasonably cooperates with the disclosing party to limit the disclosure and use of the applicable information according to the decision.

Personal data

1. Each Party is responsible for complying with any obligations applying to it under applicable data privacy laws and regulations. The Company will make commercially reasonable efforts to implement security processes for the Service consistent with industry standards for similar services. Audits are solely possible and permitted if enforced and required by an official supervisory and/or government body.
2. In the course of providing the Service to You, it is possible that the Company needs to process Personal Data on behalf of You. In this respect, the Parties agree to comply with all applicable legislation with respect to any Personal Data, such as GDPR, each acting reasonably and in good faith. In case Company does actually process Your Personal Data, then the Parties agree that the Data Processing Addendum (https://www.hirefire.io/dpa) shall form an addendum to and an integral part of these Terms of Service.

Miscellaneous

1. If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be illegal, void or unenforceable, the other provisions shall remain in full force and effect, and the affected provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the original intent of the parties. These Terms of Service are provided in English and may be provided in a language other than English for informational purposes. The English version shall be the only binding and enforceable version of these Terms of Service.
2. The sections on license, intellectual property (indemnification), (disclaimer of) warranty, limitation of liability and confidentiality shall survive after termination of any Account and/or Subscription.
3. The Company may assign, delegate, subcontract or otherwise transfer any of its rights or obligations hereunder, in whole or in part, without Your consent.
4. The Company may, but we have no obligation to, remove Content and Accounts containing Content that the Company determines at its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, or officer will result in immediate account termination.
6. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. No waiver, alteration, modification, or cancellation of any of the provisions of these Terms of Service shall be binding unless made by written amendment signed by both parties.
7. The Terms of Service is the agreement between You and the Company and governs Your use of the Service, superseding any prior agreements between You and the Company (including, but not limited to, any prior versions of the Terms of Service).

Governing law and jurisdiction

The parties hereby agree that any matters relating to the use of the Service will be subject to Dutch law and that all disputes shall be submitted exclusively to a competent Court in The Netherlands. Prior to initiating any legal action arising under or relating to the use of Service, a Party shall provide the other Party written notice of a dispute and the Parties shall actively and in good faith negotiate with a view to speedy resolution of such dispute within ten (10) business days of the receipt of such notice.