Terms & Conditions
Last updated on 23 April 2024
Your rights
1.1. These terms are valid for both your free trial and your subscription to the service(s) under your chosen service plan.
1.2. Using Our Service(s): You have a limited, non-exclusive, and revocable right to access and use the Service(s) for Your own internal business needs only during the Subscription Term, provided that You comply with the Terms. Any usage of the Service(s) through Your Account by any other parties is your responsibility. You have the option to sign up for one or more Services. They might be covered by various, distinct service plans.
Your responsibilities
2.1. With your profile
You are responsible for maintaining the privacy of your data and user login. This means that you should not share your user login with anyone else.
You are responsible for all activities that take place under your account. This means that you are responsible for any unauthorized use or suspicious behavior in your account, even if you did not authorize it.
Group Companies are not responsible for any harm or loss that may arise from your failure to safeguard your password and other login information.
You are responsible for making sure that the way you use the service to store and send your data complies with all relevant laws and regulations.
You are solely responsible for assessing whether the service or the data it creates are accurate or suitable for your needs.
2.2. Your Use of the Services
You agree not to:
Make the Services available to any third party through resale, sublicensing, time-sharing, or any other form of unauthorized distribution
Use the Services to process data on behalf of a third party: You may only use the Services to process data on behalf of your own users and end-customers.
Modify, adapt, or hack the Services: You may not modify, adapt, or hack the Services, or attempt to gain unauthorized access to the Services or related systems or networks.
Falsely imply sponsorship or association with us: You may not falsely imply that you are sponsored or associated with us.
Use the Services in an unlawful manner: You may not use the Services in any unlawful manner, including but not limited to violating any person's privacy rights.
Send unsolicited communications: You may not use the Services to send unsolicited communications, such as junk mail, spam, pyramid schemes, or other forms of duplicative or unsolicited messages.
Store or transmit infringing content: You may not store or transmit any content that infringes upon any person's intellectual property rights.
Interfere with the Services: You may not use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components.
Decipher, decompile, reverse engineer, disassemble, reproduce, or copy the source code: You may not attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy the source code or underlying program of any software making up the Services.
Post unlawful, hateful, or discriminatory content: You may not knowingly post, transmit, upload, link to, send, or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory.
Post harmful software: You may not knowingly post, transmit, upload, link to, send, or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software ("Malicious Software").
Establish a link to our websites in a misleading way. You may not establish a link to our websites in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
Use the Services for illegal purposes. You may not use the Services for any illegal purpose, including but not limited to cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including email) in violation of applicable law.
You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.
You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.
If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose.
Access to the services
3.1. Your responsibility for network connections: You are responsible for procuring and maintaining the network connections that connect you to the Services. Your access to and use of the Services may require you to use or maintain specific browser software, security certifications, and other procedures that support protocols used by the Services.
3.2. Planned downtime and unavailability: You may not be able to access or use the Services during:
Planned downtime (Pacific Time zone) for upgrades and maintenance to the Services (of which we will use commercially reasonable efforts to notify you in advance through the Services).
Any unavailability caused by circumstances beyond our reasonable control, such as:
Technical failures beyond our reasonable control (including, but not limited to, inability to access the internet)
Acts undertaken by third parties, including without limitation, distributed denial of service attacks.
Others force majeure situation
Changes to the service(s) and websites
4.1. Updates to our Services:
We may update the Services from time to time, and you may receive notifications of such upgrades, enhancements, or updates ("Updates").
Any new or modified features added to or augmenting or otherwise modifying the Services or other updates, modifications, or enhancements to the Services are also subject to these Terms, and we reserve the right to deploy Updates at any time.
4.2. Third-party services and network connections:
We are not responsible for notifying you of any upgrades, fixes, or enhancements to any such services, or for any compromise of data, including your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the internet) which are not owned, operated, or controlled by us.
You agree that we are not responsible for the reliability or performance of any services or connections as described in this subsection.
4.3. Our Websites:
We may also change content on our Websites at any time. However, please note that any of the content on our Websites may be out of date at any given time, and we are under no obligation to update it. For clarity, this subsection refers to our Websites excluding the Services.
We may discontinue or change any part of our Websites, that does not affect the Services, without notifying you.
Our Websites may contain links to websites, content, and resources provided by third parties ("Third-Party Links"). These Third-Party Links are governed by their own terms and privacy policies, and you agree that we have no control over these Third-Party Links and are not responsible for your access or use of these Third-Party Links.
Intellectual property rights
5.1. Ownership of Intellectual Property Rights (IPR):
Except for the rights granted to you under Section 1, all rights, title, and interest in and to all of our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights in or related to the Services, including the Websites, and any part of it (collectively, "Intellectual Property Rights") shall belong to and remain exclusively with us.
We are the owner or the licensee of all Intellectual Property Rights in our Websites, and the content or material published on it. Those works are protected by copyright laws and treaties around the world. You must not use any part of the content on our Websites for commercial purposes without obtaining a license to do so from us or our licensors. Further, we claim no intellectual property rights over the content you upload or provide to the Services.
5.2. Grant of License to Us.
We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate into the Services or Websites or otherwise use any suggestions, enhancement requests, recommendations, or other feedback we receive from you.
5.3. Grant of License to You.
Our product and service names, and logos used or displayed on the Services or Websites are our registered or unregistered trademarks (collectively, "Marks"), and you may only use such Marks to identify yourself as a user of the Services you have subscribed to.
5.4. Reservation of Rights.
All rights not expressly provided to you herein are reserved.
Integrated services
Our Services may use or make available to you third-party services. These services are governed by these Terms and are subject to additional fees and charges as specified on the Websites (if any).
Certain third party services such as Apps are made available to You through the App Gallery or other forums where applications are developed for their integration with the Service(s) such as Custom Apps. You have the option to enable these third party services and integrate them into Our Service(s). These third party services are governed by their own terms and privacy policies and You agree that We are not responsible for Your use of these third party services. You may be notified that You are downloading or integrating Apps or applications not developed by Us.
We are not responsible for providing technical support for Integrated Services. If you have any questions, comments, complaints, or feedback about Integrated Services, please contact the
respective developers or publishers directly. You can alternatively submit your information through our email address at support@hireforce.io, we shall assist you with transferring the information within the scope of our abilities
Billing, plan modifications and payments
7.1. Subscription Charges:
Except during Your free trial, all charges associated with Your Account (“Service Charges”) are due in full and payable in advance, in accordance with Section 7.2, when You subscribe to the Service(s).
Unless specified otherwise in a Form, the Subscription Charges are based on the Service Plans You choose and are payable in full. You will receive a receipt upon each receipt of payment by Us. You may also obtain a payment receipt from within the Service(s).
7.2. Payment methods:
The payment methods accepted are those listed on the Site at the time of payment. By adding a payment method to the Site, you agree to be charged for any unpaid, current or expired subscription periods.
7.3. Payment partner
We may use a third party service provider to manage credit/debit card and other payment processing; provided, that such service provider is not permitted to store, retain or use your payment account information except to process your credit/debit card and other payment information for Us. You must notify Us of any change in Your Credit/Debit card or other payment account information, either by updating Your Account or by emailing Us at support@freec.asia. Our payment partner works with banks and relevant parts shall update saved card details whenever a customer update a new card (e.g., replacing an expired card or one that was reported lost or stolen).
Suspension and termination
8.4. Data Retention Period
We strongly recommend that You export all Your Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us or if You do not subscribe to a Service Plan on expiry of Your free trial, Your Data will be retained for a period of 30 days (“Data Retention Period”) from such termination or expiry of free trial. Beyond this Data Retention Period, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once it is deleted.
Disclaimer of warranties
9.1. The websites and the service(s), including all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by applicable law. We expressly disclaim any and all conditions, representations, warranties or other terms, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and noninfringement.
You acknowledge that we do not warrant that the service(s) or websites will be uninterrupted, timely, secure or error-free and you further acknowledge that we do not warrant that the access to the service(s), which is provided over internet and various telecommunications networks, all of which are beyond our control, will be uninterrupted, timely, secure, error-free or free from viruses or other malicious software.
9.2. The content on our websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our websites. No information or advice obtained by you from us or through the service(s) or websites shall create any warranty not expressly stated in these terms.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will we, our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact
on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty,negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, our aggregate liability and that of our affiliates, officers, employees, agents, suppliers and licensors, relating to the service(s), will be limited to an amount equal to the lower of (a) twelve months of the subscription charges for the service(s) to which the claim relates; or (b) the subscription charges paid by you, for the service(s) to which the claim relates prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
11.1. If use of the Service(s) by You has become, or in Our opinion is likely to become, the subject of any IP Claim (defined below), We may at Our own option and expense (a) procure for You the right to continue using the Service(s) as set forth hereunder; (b) replace or modify the Service(s) to make it non-infringing; or (c) if options (a) or (b) are not commercially and reasonably practicable as determined by Us, terminate Your subscription to the Service(s) and repay You, on a pro-rated basis, any Subscription Charges You have previously paid Us for the corresponding unused portion.
11.2. Indemnification by Us: Subject to Your compliance with these Terms, We will indemnify and hold You harmless, from and against any claim brought against You by a third party alleging that the Service(s) You subscribed to infringes or misappropriates such third party’s valid patent, copyright, or trademark (an “IP Claim”). We shall, at Our expense, defend such IP Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys, provided that (a) You promptly notify Us of the threat or notice of such IP Claim; (b) We have or will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such IP Claim; and (c) You fully cooperate with Us in connection therewith. We will have no liability or obligation with respect to any IP Claim if such claim is caused in whole or in part by (i) compliance with designs, data, instructions or specifications provided by You; (ii) modification of the Service(s) by anyone other than Us; or (iii) the combination, operation or use of the Service(s) with other hardware or software where the Service(s) would not by themselves be infringing.
11.3. Sections 13.1. and 13.2. state Our sole, exclusive and entire liability to You and constitute Your sole remedy with respect to an IP Claim brought by reason of access to or use of the Service(s) by You.
11.4. Indemnification by You: You will indemnify and hold Group Companies harmless against any claim brought by a third party against Us, and their respective employees, officers, directors and agents arising from or related to use of the Service(s) by You in breach of these Terms or matters which You have expressly agreed to be responsible pursuant to these Terms; provided that We promptly notify You of the threat or notice of such a claim.
Relationship of the parties
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
Contact Information
Freecracy Vietnam Co., LTD. (“Hireforce”)
Headoffice: Floor 6th, Bcons Tower II, 42/1 Ung Van Khiem Street, Ward 25, Binh Thanh District, Ho Chi Minh City
Japan Office: 2nd Floor, 2-2-15 Hamamatsucho Daiya building, Hamamatsucho, Minatoku, Tokyo, Japan, 〒105-0013
Email: support@hireforce.io
