Terms of Service

Hirex Terms

Last update: April 24, 2024

    These Terms of Service (“Terms”, “Terms of Service”) are entered into by and between Hirex HR, INC., A Delaware Corporation ( “Company”, “Hirex”, “Hirex HR”), and its Users and visitors to the website or service “Services”, and together with the Privacy Policy , govern those persons’ access to the Services, as well as any content or functionality of the Services, whether as a visitor or a User.

    All references to “customer”, “user”, “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Service in any manner, and each of your heirs, assigns, and successors. If you use the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

    BY ACCESSING OR USING THE SERVICE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS OF SERVICE SET FORTH IN THIS TERMS OF SERVICE, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICE. FAILURE TO USE THE SERVICE IN ACCORDANCE WITH THESE TERMS AND PRIVACY POLICY MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.

  1. No Professional or Legal Advice; No Guaranteed Outcomes. All Content is meant for informational purposes only and are not intended to provide and should not be construed as providing any legal, regulatory, tax, financial, accounting, employment, or other professional advice. User is solely responsible for ensuring User’s compliance with applicable law and regulation, and nothing in the Hirex Content, Platform, or Services (including, without limitation, any communications from our customer support team regarding User’s use of the Platform, or Services) should be construed as, or used as a substitute for, the advice of competent legal or applicable professional counsel.
  2. Service. Hirex offers a cloud-based HR management platform that enables Users to manage their hiring processes (“Services”). To access the Services permanently, you must have an account. The Company does offer temporary preview of the services for which you do not need an account. For permanent users, you must maintain and are responsible for, the confidentiality of your login and password.
    1. Conditions Of Access
      1. You shall abide by all Terms of Service and our Privacy Policy .
      2. You shall not conduct fraudulent behavior.
      3. You agree not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, etc.
  3. Accounts. To use the Hirex Services, you must create an account (an "Account") by providing your email address ("Account Email") and a password (the "Password" and, together with the Account Email, the "Credentials"). You are responsible for the security of your Account, and agree to keep your Credentials secure. You understand that your Account is solely for your use, and you will not share your Account or Credentials with anyone. You are fully responsible for all activities on the Hirex Services associated with your Account.
  4. Account Security. You are solely responsible for (i) following instructions that Hirex provides to you with respect to the Hirex Services, and (ii) maintaining applicable accounts with providers of third party websites, services, and applications ("Third Party Products") utilized by Customer. You will adequately secure and keep confidential any passwords or credentials, and any information accessible via your account. You accept all risks of unauthorized use of your Account arising from your failure to implement security safeguards or otherwise maintain the confidentiality of your passwords or credentials and hereby release, indemnify, defend and hold harmless from any liability in connection with any such unauthorized access. If you believe or suspect that your account, passwords or credentials have been accessed or compromised, you must immediately notify Hirex. Hirex reserves the right to prevent access to the Hirex Services if Hirex has reason to believe that your account, passwords or credentials have been compromised.
  5. Service Plans. Certain Services are only available to Users who have subscribed to one of our monthly or yearly service plans as described on our website. In order to subscribe to any Service Plan, use any Service (including any applicable add-on services), make a Service available to Members, User must be enrolled in the applicable Service Plan and/or accept the applicable Additional Terms (as defined below). Hirex may limit access to Services or Service Plans for Users who engage in certain high risk business activities (as determined by Hirex).
    1. Upgrade/Downgrade. If User subscribes to one of our Service Plans, User may switch to a new Service Plan at any time, but no more than once per calendar month. If User upgrades Service Plans, User will begin receiving access to the features and Services available under the new upgraded Service Plan immediately. Unless we state otherwise, the Service Fees for the upgraded Service Plan will be reflected on User’s invoice at the end of the calendar month in which User upgraded to the new Service Plan. If User downgrades to a less expensive Service Plan, then, unless we state otherwise, the downgrade (including loss of access to any relevant features or Services) and the downgraded plan Service Fees will not take effect until the next calendar month.
    2. Separate Services. User may also enroll in Services separate and apart from one of our Service Plans. User may enroll in, or remove, any Service at any time unless otherwise stated in the applicable Additional Terms. When User enrolls in a new Service, User will have access to such Service immediately. When User removes a Service, User will retain access to such Service until the end of the calendar month in which User removed it.
  6. Termination and Suspensions. Users may cancel their Account at any time from within their Account. Unless we state otherwise, User’s termination of their Account constitutes the termination of this Agreement. Unless we state otherwise, Hirex will not prorate any applicable Service Fees and User Accounts canceled in the middle of a month or year will be charged the full month’s or year’s fees for all Services to which User was subscribed at the time of cancellation. User understands and agrees that User is solely responsible for ensuring User’s compliance with all applicable law, including any wage and hour, taxation, and employment regulation that may affect User’s obligations to Members paid through the Payroll Service following cancellation or termination of the Services.
    1. Hirex’s Actions: Hirex may terminate or suspend Services if you violate this Agreement or any other Hirex terms or your use of the Services is improper or substantially exceeds or differs from normal use by other Users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues.
    2. The termination of any of the Services or this Agreement will not affect User’s or Hirex’s rights with respect to transactions which occurred before termination. Hirex will have no liability for any costs, losses, damages, penalties, fines, expenses, or liabilities arising out of or related to Hirex’s termination of this Agreement. Any section of this Agreement or applicable Additional Terms which by their nature should survive termination will survive, including without limitation all applicable payment obligations, privacy rights and obligations of Hirex and User under Hirex’s Privacy Policy , Hirex’s responsibilities to comply with federal anti-money laundering regulation, use restrictions and indemnity obligations, warranty disclaimers, and limitations of liability.
    3. Suspension Due to API Abuse. Abuse or excessively frequent requests to the Services 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. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.
  7. User Personal Data Rights. Our Privacy Policy is incorporated into this Agreement by reference and is available at gethirex.com/privacy-policy. User should periodically review our website for updates to the Privacy Policy . If you have questions concerning your data rights and our obligations please consult our Privacy Policy . Our Privacy Policy covers a variety information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.
    1. User may upload content or information through the Platform, such as files, employment documents, messages, and personal information about Members or Administrators. User may also direct Members to upload such content or information directly for use in their Account or any User-Provided Services. Collectively, all such content or information is referred to herein as “User Data.”
    2. User is solely responsible for ensuring that the collection and/or processing of User Data is compliant with all applicable laws and regulations. User represents and warrants that User has received all required rights, licenses, consents and authorizations to use and make available any User Data uploaded or submitted to the Platform via User’s Account, and that User may instruct Hirex on what to do with such User Data.
    3. User is solely responsible for responding to and resolving disputes that may arise between User and Members relating to or based on User Data, the Platform, Services, or User’s failure to fulfill any of the foregoing responsibilities.
    4. User understands and agrees that User Data transmitted, entered or otherwise uploaded by User, on User’s behalf, and by User’s Members to the Platform and Services will be processed, stored and retained in accordance with our legal obligations and our Privacy Policy , as it may be updated from time to time, including processing for the purpose of improving our products and services.
  8. Content Rights and Licenses. The Services, and all Content other than User Content and all images generated or available on the Services or used to create and operate the Services, is and remains the property of Company, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Services are accessed, and all rights to the Services, such Content, and such software are expressly reserved.
    1. All trademarks and service marks, whether registered or unregistered, as well as Service names and Company names or logos, displayed or mentioned on the Services are the property of their respective owners.
    2. You must not use such marks without the prior written permission of the owner of the marks. Reference to any Services, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.
  9. Limited License to Copy Content. Company grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy, and print the portions of the Content available to Users on the Services. Such license is subject to These Terms of Service, and specifically conditioned upon the following:
    1. Users may only view, copy, and print such portions of the Content for their own personal use;
    2. Users may not modify or otherwise make derivative works of the Services or Content, or reproduce, distribute, or display the Services or any Content (except for page caching) except as expressly permitted in These Terms of Service;
    3. Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
    4. Users may not use the Services or Content other than for their intended purposes;
    5. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in These Terms of Service may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise;
    6. Company may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
  10. Intellectual Property. Users may not engage in any activity on or through the Services, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.
    1. We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the Services that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.
  11. Third Party Integration. In providing the Service, Company may make available various third-party tools. Company is not responsible for the performance of any third-party services or their security of their service. For more information, please see our Privacy Policy .
  12. Permitted and Restricted Uses.
    1. You agree not to offer or modify any content found on the Service consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Content, in any way for any public function, in connection with services or Services that are not those of Company, in other way that is likely to trigger confusion among consumers, that disparages or challenges Company or its licensors, that dilutes the strength of Company's or its licensor's residential property, or that otherwise infringes Company's or its licensor's copyright rights.
    2. Any code that Company develops to generate or show any Content of the pages making up the Site is likewise secured by Company's copyright, and you may not copy or adjust such code. Users further agree not to decompile, disassemble or otherwise Reverse Engineer any Service or service or any part thereof.
  13. Warranty Disclaimers. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE PLATFORM, SERVICES, AND HIREX CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND MADE BY HIREX. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIREX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, AND NON-INFRINGEMENT. FURTHERMORE, HIREX MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR QUALITY OF THE SERVICES OR ANY INFORMATION OR HIREX CONTENT IN OR LINKED TO THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR USE OF THE API OR THIRD-PARTY PRODUCTS THAT ACCESS DATA VIA THE API. HIREX CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF USER DATA OR ANY INFORMATION INPUT INTO THE PLATFORM OR SERVICES BY USER OR MEMBER AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH DATA AND INFORMATION. HIREX DOES NOT WARRANT THAT THE PLATFORM, SERVICES, OR HIREX CONTENT WILL (a) MEET USER’S EXPECTATIONS OR REQUIREMENTS; (b) BE COMPLETELY SECURE OR FREE FROM ERRORS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; OR (c) BE FREE FROM INTERRUPTION, THEFT, OR DESTRUCTION.
    1. Hirex makes no representations or warranties about the Platform’s or Services’ uptime, availability, or permissibility in any particular geographical location. From time to time, Hirex may conduct scheduled or emergency system maintenance, during which time the Platform may be inaccessible and unavailable, with or without notice to User. The Platform and Services rely on third-party technology and services (e.g. web hosting services). Any change to the services offered by these third-party providers may entirely disable, reduce, or adversely affect User’s use of or access to the Platform and Services. No oral or written information or advice given by Hirex, its agents, employees, or representatives will create a warranty or in any way increase the scope of the warranties in this Agreement.
    2. To the extent any error results from Hirex’s reliance on information provided by or on behalf of User or Member, or anyone that Hirex reasonably believes to be Company or Member (each, a “Resulting Error”), then Hirex may attempt to correct the Resulting Error, but makes no warranties or guarantees that it will be able to partially or fully correct the Resulting Error and will not be liable for any failure to partially or fully correct such Resulting Error.
  14. Indemnity. User agrees to indemnify and hold harmless Hirex and its officers, directors, employees, successors, assigns, representatives, subsidiaries, affiliates, and agents (the “Indemnified Parties”), from and against any losses, damages, expenses, claims, actions, disputes, suits, proceedings, and demands (including, without limitation, reasonable legal and accounting fees) (“Claims”), without regard to merit or lack thereof arising out of or related in any way to (a) User’s or its Member’s access to, use of, or participation in the Platform and Services or Hirex Content; (b) User Data or Shared User Data; (c) violation or alleged violation of this Agreement or any instructions provided by Hirex with respect to User’s or User’s Member’s use of the Platform and Services; (d) User’s or its Member’s violation or alleged violation of any third party right; (e) User’s or its Member’s violation or alleged violation of any applicable law, rule, or regulation; (f) User’s or its Member’s gross negligence, fraudulent activity, or willful misconduct; (g) Hirex’s or any other Indemnified Party’s use of or reliance on information or data furnished by or on behalf of User; (h) actions that Hirex or any other Indemnified Party undertakes at the request or instruction of User or anyone that Hirex or any other Indemnified Party reasonably believes to be User or acting with authority on behalf of User (each such action a “Requested Action”); or (i) Hirex’s or any other Indemnified Party’s use of or reliance on information or data resulting from such Requested Actions.
  15. Limitation of Liability. To the extent permitted by applicable law, Hirex is not liable, and User agrees not to hold Hirex responsible for, any damages or losses resulting directly or indirectly from (a) User Data or Hirex’s or a third party’s reliance on certain User Data; (b) Resulting Errors; (c) User’s delay in providing, or failure to provide, Hirex with information necessary for its provision of the Services; (d) User’s violation of applicable law, rule, regulation or other applicable legal obligation; (e) unauthorized third-party actions taken in User’s Account or sharing of your Account credentials; (f) User’s or its Member’s negligence; (g) any Claims that could have reasonably been avoided or mitigated by User through reasonable efforts; (h) any Requested Actions; (j) User’s or Members’ failure to properly follow Hirex’s instructions with respect to the Platform, Hirex Content, or Services; or (k) User’s or its Member’s use or inability to use the Platform or the Services.

    16. NEITHER HIREX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM, SERVICES, OR HIREX CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES, HIREX CONTENT, THIRD PARTY CONTENT, OR THIRD-PARTY SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HIREX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HIREX’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES, OR CONTENT EXCEED THE AMOUNTS USER HAS PAID TO HIREX FOR USE OF THE PLATFORM, SERVICES, OR HIREX CONTENT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM.

    DISPUTE PROCESS

  16. Assumption of Risk. You are solely responsible for ensuring that your use of the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Services.
  17. Process
    1. Contact Us - You agree to contact us with your complaint prior to filing for any arbitration.
    2. File Complaint - You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute).
    3. Arbitration - You and Company agree that (a) any arbitration will occur in the State of Delaware, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services, which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Delaware and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
  18. Assignment; Delegation. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Hirex, which will not be unreasonably withheld. Any attempted transfer or assignment in violation hereof shall be null and void. Hirex, in its sole discretion, may use vendors or contractors to help provide the Hirex Services to you, and may change our use of vendors or contractors without notice to you. Hirex will remain responsible for the acts and omissions of such vendors and/or contractors.
  19. Governing Law. These Terms of Service will be governed by the laws of the State of Delaware, exclusive of its rules governing choice of law and conflict of laws. These Terms of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. All disputes arising out of These Terms of Service will be subject to the exclusive jurisdiction and venue of the state and federal courts of Dover, Delaware, USA, and the parties hereby consent to the personal jurisdiction of these courts
  20. Notices. Hirex may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, text message (e.g. SMS or MMS), business or personal mail, written or hard copy notice, or through posting of such notice on the Hirex Services, as determined by Hirex in its sole discretion. Notices to Hirex shall be made to the attention of the "Legal Department" and sent via mail to Hirex HR. Inc., 8 The Green STE D, Dover, Delaware 19901, with a copy sent via email to [email protected].
  21. Waiver. No waiver of any rights will be effective unless assented to in writing by both parties. Any such waiver will be only to the specific provision and under the specific circumstances for which it was given, and will not apply with respect to any repeated or continued violation of the same provision or any other provision. Failure or delay by either party to enforce any provision of These Terms of Service will not be deemed a waiver of future enforcement of that or any other provision.
  22. Relationship. Nothing contained herein will in any way constitute any association, partnership, agency, employment or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish any such relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties.
  23. Unenforceability. If a court of competent jurisdiction determines that any provision of These Terms of Service is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of These Terms of Service will remain in full force and effect and bind the parties according to its terms.
  24. Force Majeure. Neither Party will be deemed in breach hereunder for any cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control, including earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, terrorism, war (whether or not officially declared) or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree.
  25. Entire Agreement. These Terms of Service and the Privacy Policy comprises the entire agreement between you and Hirex with respect to its subject matter, and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements. No oral or written information or advice given by Hirex, its agents or employees will create a warranty or in any way increase the scope of the warranties in These Terms of Service.
  26. Electronic Transmission. This Agreement, and any amendments hereto, by whatever means accepted, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effect as if it were an original signed version thereof, delivered in person. Neither party hereto shall argue that a contract was not formed hereunder based on either (a) the use of electronic means to deliver a signature or to indicate acceptance of this Agreement or (b) the fact that any signature or acceptance of this Agreement was transmitted or communicated through electronic means; and each party forever waives any related defense.
  27. Changes to Services. Hirex may modify this Agreement at any time, in Hirex’s sole discretion, effective upon posting of an updated version of this Agreement. It is important that User reviews each modified version of the Agreement as User’s continued use of the Platform or Services after such changes are posted constitutes User’s agreement to be bound by the modified Agreement. If User does not agree to be bound by the modified Agreement, then User may not continue to use the Platform or Services. Because the Platform and Services evolve over time, Hirex may change or discontinue all or any part of the Platform or Services at any time and without notice, and without liability to User, at Hirex’s sole discretion.
  28. Contact Information. If User has any questions about this Agreement, the Platform, or the Services, User may contact Hirex at [email protected]. Hirex will not be able to accept User questions, Feedback, or complaints at Hirex’s physical locations. If User is a Delaware resident, User may report complaints regarding the Services by contacting the Complaint Assistance Unit of the Division of Consumer Services of the Delaware Department of Consumer Affairs.

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