Terms of Service

Welcome, and thank you for your interest in Hikido (“Hikido“), and our web-based employee recruiting service (the “Service”). The following terms and conditions (the “Agreement“) govern the use of the Service by organizations that have entered into a Subscription Order, as defined below (a “Subscribing Organization“) with Hikido and each person designated by such Subscribing Organization to use the Service (each an “End User“). As used in this Agreement, “you” means the Subscribing Organization and each End User including you.

By Entering, CLICKING “I AGREE,” EXECUTING A SUBSCRIPTION ORDER, OR BY using the service, you acknowledge that you have read, UNDERSTAND and agree to be bound by this Agreement. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE ALL AUTHORITY NECESSARY TO BIND YOURSELF AND THE SUBSCRIBING ORGANIZATION TO THIS AGREEMENT.

1. Eligibility. By entering into this Agreement, you represent and warrant to us that: (i) you are at least 18 years old and you have not previously been suspended or removed from the Service; (ii) all information, including billing information, you have provided to Hikido is current and accurate; (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations; and (iv) if you are accepting this Agreement on behalf of a Subscribing Organization, you are an authorized representative of that Subscribing Organization with the authority to bind such organization to this Agreement; and agree to be bound by this Agreement on behalf of such Subscribing Organization.
2. Subscription Order; Trial Access
   1. Subscription Order. To access the Service, you must have entered into a “Subscription Order” either through the Hikido website or through a separate written agreement with Hikido. Your Subscription Order is hereby incorporated into this Agreement by reference. To the extent that that there is a conflict between the terms of your Subscription Order and this Agreement, the terms of the Subscription Order shall govern.
   2. Trial Access. Hikido may make available access to the Service on a trial basis. For purposes of this Agreement, such trial access will be considered a subscription during the trial period and the terms of such trial access shall be considered a Subscription Order.
3. Modification to this Agreement. We reserve the right, at our discretion, to change this Agreement on a going forward basis at any time. Please check the Terms periodically for changes. Your continued use of the Service after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Service when you log in. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Service with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.
4. Seats.
   1. Generally. The Service allows Subscribing Organization to set up End User accounts and related user identification numbers (“Seats”) and passwords. The Subscribing Organization may have only as many Seats activated at any one time for access to the Service as the number of Seats specified in the Subscription Order.
   2. Restrictions. No Seat may be shared by more than one End User. Hikido may include in the Service functionality to track the number of active Seats and to disallow use of more than the authorized number of Seats. Hikido reserves the right to restrict the number of times that Seats may be transferred between End Users. The End User also understands that Hikido is not a consumer reporting agency. The End User agrees that she/he will not use Hikido to determine an individual's eligibility for credit, insurance, employment, housing, or any other purpose covered under the Fair Credit Reporting Act (FCRA).
5. Responsibilities.
   1. Use of the Service. Only Customer-designated employees and contractors (each, a “Customer User”) are authorized to use the Service. Customer will only use the Service for recruiting purposes to recruit candidates to fulfill open job requisitions located globally. Customer and Customer’s Users must be located in the United States. Customer will use the Service solely for Customer’s internal use and will not provide access to the Service to any third party, except as otherwise permitted in the Agreement. Customer will notify Hikido immediately upon learning of any unauthorized use of the Service or any other breach of security relating to the Service. Customer (a) will designate in writing one Customer User for each seat it purchases; (b) will promptly provide to and maintain with Hikido accurate contact information for each Customer User; and (c) will not, and will not permit a Customer User to, share a Customer User’s access to the Service with any other individual. In the event a Customer User ceases employment, takes any type of leave or vacation, or transfers work function, Customer may transfer the Customer User's seat to a different Customer User. Hikido reserves the right to limit the number of transfers of each seat. Hikido may, in its sole discretion, change, modify, upgrade or discontinue any aspect or feature of the Service in whole or in part. The Service allow Customer Users to post content such as profile information, comments, questions, and other content or information (“User Content”). The User Content Customer Users create remains Customer’s; however, by sharing User Content through the Service, Customer agrees to allow others to view, edit, and/or share the User Content in accordance with Customer’s settings and this Agreement. Hikido has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service. Customer user will also give us permission to use their name, profile picture, content, and information for advertisements and displays. Use of Hikido's web plugins, extensions, and widgets give us permission to read, change, and collect data on the websites you visit.
   2. Handling of Personal Data. If Customer uploads or otherwise provides Hikido with Personal Data (defined below) in connection with its use of the Service (“Customer Personal Data”), then Hikido, in providing the Service, processes Customer Personal Data on behalf of Customer. Customer is the controller of Customer Personal Data and Hikido will process Customer Personal Data (i) in accordance with applicable Data Protection Laws (defined in section 2.3); (ii) in compliance with the written instructions received from Customer including, as applicable, sub-processing as necessary; and (iii) only for the purpose of providing, supporting and improving the Service, using appropriate technical and organizational security measures. “Personal Data” means information about an individual that (a) can be used to identify, contact or locate a specific individual; (b) can be combined with other information that is linked to a specific individual to identify, contact or locate a specific individual; or (c) is defined as “personal data” or “personal information” by applicable laws or regulations relating to the collection, use, storage or disclosure of information about an identifiable individual.
   3. Compliance with Laws. The parties will comply with all applicable international, federal, state, provincial and local laws relating to (a) corruption practice, bribery, and acts contrary to the public administration including the US Foreign Corrupt Practices Act of 1977, 15 U.S.C. § 78dd-1, et seq.; (b) discrimination against employees or job applicants based on race, color, religion, sex, national origin, veteran status or disability. and (c) the privacy, confidentiality, security and protection of Personal Data including the EU Data Protection Directive 95/46/EC as amended and as implemented in the various European Economic Area countries or any similar and applicable legislation enacted outside of the European Economic Area and security breach notification laws (“Data Protection Laws”). The End User also understands that Hikido is not a consumer reporting agency. The End User agrees that she/he will not use Hikido to determine an individual's eligibility for credit, insurance, employment, housing, or any other purpose covered under the Fair Credit Reporting Act (FCRA).
6. Subscription Fees; Billing; Payment; Renewal; Cancellations and Refunds.
   1. Subscription Fees. You agree to pay to Hikido all fees for subscriptions purchased by you or on your behalf (the “Subscription Fees”). Subscription Fees are based on Services ordered and not actual usage. Subscription Fees are non-cancelable and non-refundable except as set forth in this Agreement.
   2. Billing and Payment. Hikido may bill charges through an invoice or through the payment method specified in your account (for example electronic funds transfer or credit card). If you pay any applicable Subscription Fees with a credit card, Hikido may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You authorize such credit card account to pay any amounts described herein, and authorize Hikido to charge all sums described herein to such credit card account. You agree to provide Hikido updated information regarding your credit card and account upon Hikido’s request and any time the information earlier provided is no longer valid.
   3. Renewal. Unless either party provides notice of non-renewal at least thirty (30) days before the end of your subscription term, your subscription will automatically renew for successive additional terms equal to the lesser of: (a) the term of your subscription set forth in your Subscription Order or (b) one year. For any renewal term, Hikido reserves the right to change the Subscription Fees for the Service or any feature of the Service, or add additional fees or charges. For any change in the Subscription Fee, Hikido will send you a notice of such change at least thirty (30) days in advance of renewal of your subscription via a message on or through the Service or email.
   4. Cancellations and Refunds. You may cancel your subscription from the Settings page at any time. If you are not 100% satisfied with your purchase, within thirty (30) days from the purchase date or renewal date, we will fully refund the cost of your order. Please contact hello@hikido.com for any refund requests.
7. Logo usage. You agree that Hikido may use your name and logo on the website located at www.hikido.com and for the purposes of marketing the Service.
8. User Content.
   1. User Content Generally. Certain features of the Service permit users to post content, including information, files, data, images, text, and other types of works (collectively called “User Content”) and to publish User Content on the Service.
   2. Ownership of User Content. For avoidance of doubt, you retain copyright and any other proprietary rights you hold in the User Content that you post to the Service.
   3. Limited License Grant to Hikido. By posting User Content, you grant Hikido a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to host, transfer, display, perform, reproduce, modify, and distribute, your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) for the purposes of providing the Service and operating our business.
   4. User Content Disclaimer. Hikido does not permit copyright infringing activities on the Service. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that: (i) you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Hikido to exercise the licenses granted by you in this Section and in the manner contemplated by Hikido and this Agreement and (ii) such User Content will not infringe the intellectual property rights or other proprietary rights of any third party.
   5. Digital Millennium Copyright Act Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Service you may contact our Designated Agent at the following address:
      

      Hikido LLC
      16192 Coastal Highway
      Lewes, Delaware 19958 USA
      E-mail: hello@hikido.com

9. Exporting to Third Party Services. Hikido may provide tools through the Service that enable you to export User Content and information to third party services, including by linking your account on the Service with an account on the third party service. By using these tools, you agree that we may transfer such User Content and information to the applicable third party service.
10. Links to Third Party Websites. The Service may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. A link does not imply our endorsement of, sponsorship of, or affiliation with the linked site.
11. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
    1. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the access provided herein or the Materials, as defined in Section 13;
    2. post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
    3. post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be inappropriate;
    4. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
    5. delete the copyright or other proprietary rights on the Service or any User Content;
    6. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service;
    7. use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
    8. defame, harass, abuse, threaten or defraud users of the Service;
    9. use the Service for any commercial purpose other than the internal business purposes of the Subscribing Organization;
    10. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Content;
    11. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
    12. modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
    13. intentionally interfere with or damage operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
12. Confidential Information.
    1. Definition. “Confidential Information” means any information disclosed under the Agreement that (a) if tangible, is clearly marked as “Confidential” or with a similar designation; (b) if intangible, is identified as “Confidential” by discloser at time of disclosure and confirmed in writing to recipient as being Confidential Information; or (c) from the relevant circumstances should reasonably be known by recipient to be confidential (e.g. pricing, non-public Personal Data, etc.).
    2. Exclusions. Confidential Information does not include any portion of the information that recipient can prove (a) was rightfully known to recipient before receipt from discloser; (b) was generally known to the public on the Effective Date; (c) becomes generally known to the public after the Effective Date, through no fault of recipient; (d) was received by recipient from a third party without any confidentiality obligation; or (e) was independently developed by recipient without breach of this section 3.
    3. Limited Use and Non-Disclosure. Recipient will (a) use Confidential Information solely to fulfill its obligations under the Agreement; (b) protect Confidential Information using the same degree of care it uses to protect its own confidential information of a like nature, but in no event less than a reasonable degree of care; (c) not disclose Confidential Information to any third party except (1) to Affiliates or employees, consultants, and agents who (i) have a need to know it in order to carry out their obligations under the Agreement, and (ii) are under written confidentiality and non-use obligations at least as restrictive as those stated in this ToU or (2) as required by law; and (d) not modify, reverse engineer, decompile, create other works from, or disassemble any Confidential Information, to the extent applicable, unless authorized in writing by discloser.
13. Survival. Upon termination, any section of this Agreement which by its nature should survive such termination, will survive, including but not limited to Section 7 and Sections 11-17.
14. Term and Termination.
    1. Term. This Agreement is effective on the date of acceptance and continues in effect until all of your subscriptions hereunder expire or are otherwise terminated.
    2. Termination for Breach. Either party may be terminate this Agreement on 30 days notice to the other party where such other party is in material breach of this Agreement and such breach remains uncured during the notice period. If Subscribing Organization is in breach, during the notice period, Hikido may suspend the access to the Service by the Subscribing Organization or any End User.
    3. Effect of Termination or Expiration. If your account is terminated, you will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Service incurred before such termination. Following termination or expiration, Hikido reserves the right, in Hikido’s sole discretion, to delete any and all information associated with your account, including any User Content. Hikido may make tools available for you to export such information; however, Hikido is under no obligation to do so.
    4. Survival. Upon termination, any section of this Agreement which by its nature should survive such termination, will survive, including but not limited to Section 7 and Sections 11-17.
15. Ownership; Proprietary Rights. The Service is owned and operated by Hikido. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Hikido (the “Materials”) are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that is provided and owned by users of the Service, all Materials contained in the Service are the property of Hikido or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Hikido or its affiliates and/or third-party licensors. Except as expressly authorized by Hikido, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Hikido reserves all rights to the Materials not expressly granted in the Terms.
16. Indemnity. You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Hikido and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Hikido Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
17. Disclaimers; No Warranties.
18. Intellectual Property Rights and Ownership. No right, title or interest in any intellectual property right transfers to the other party, except for the limited rights stated in the Agreement. Customer is not obligated to provide Hikido or its Affiliates with any suggestions, enhancement requests, or other feedback about the Service or related technology. However, if Customer does provide any feedback to Hikido, Hikido may use and modify it without any restriction or payment.

1. THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE Hikido ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19. Limitation of Liability.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE Hikido ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE Hikido ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE Hikido ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE Hikido ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.YOU AGREE THAT THE AGGREGATE LIABILITY OF THE Hikido ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO Hikido FOR ACCESS TO AND USE OF THE SERVICE GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Hikido AND YOU.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
20. Governing Law; Venue. This Agreement shall be governed by the laws of the State of California without regard to California’s conflict of law principles. You and Hikido agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the San Francisco, California for the purpose of litigating all claims or disputes. We operate the Service from our offices in California, and we make no representations that information and materials included in the Service are appropriate or available for use in other locations. Access to the Service from any territory where the content is illegal is prohibited.
21. General. The Terms, together any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Hikido regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
22. Contact Information. If you have any questions regarding Hikido, the Service, or the Terms please contact us at hello@hikido.com.