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Terms and Conditions HR AI Assistant

HR – AI Assistant

General Terms and Conditions

Updated: January 2023

Welcome to the HR – AI Assistant Software as a Service Platform (SaaS) (the “Services”) owned and operated by Shaked Talman or an entity on his behalf (hereinafter referred to as “Set,” “We” or “Our”). By accessing and using the Services you hereby agree to be bound by these terms and conditions, as well as any other guidelines, rules and additional terms referenced herein (collectively, “Terms”) and such use or access shall constitute an agreement between you and Set

1. PILOT DISCLAIMER

Please note that this is a pilot version of the Services. The Services are still undergoing final testing before official release. Set does not give any warranties, whether express or implied, as to the suitability, merchantability, performance, security, or uninterrupted availability of the Services. Should you encounter any bugs, glitches, lack of functionality, or other problems with the Services and concerning these Terms, please contact us by email: office@setit.tech.

2. Feedback

If you provide Set with any feedback or suggestions, including support inquiries (“Feedback”), you hereby assign all rights in Feedback to Set and agree that We will have the right to use Feedback and related information in any manner we deem appropriate. We will treat Feedback as non-confidential and non-proprietary. You agree that you will not submit any information or ideas that you consider to be confidential or proprietary.

3. monday.com ™

A. You hereby acknowledge that your purchase of the Services are for your use with your subscription to monday.com only and understand that the Services are only available to you while you have a subscription to  monday.com and in the framework thereof.

B. For the removal of doubt, you will not use the Services to provide services to third parties. If you wish to use the Services to provide services to third parties, please contact us and we will provide you with a specific offer.

C. All payments will be made through monday.com and you may terminate the Services by deleting the Services on your monday.com desktop subject to your agreement with monday.com and the monday.com Marketplace Terms of Service.

4. Third-Party Apps

A. You acknowledge that you are aware that in providing the Services, we provide Customer Data (as below) associated with you and uploaded by you to certain third-party service providers (detailed below)and are subject to their terms.

B. Please find below a list of the third-party applications we use in providing the services.

Name

Description

Link to Terms

Open ai – Chat GPT

artificial intelligence

https://openai.com/policies/terms-of-use

Mail Gun

Emailing

https://www.mailgun.com/legal/terms/

Google Cloud Services

Cloud Services

https://cloud.google.com/terms

Smoove

Marketing Platform

https://www.smoove.io/terms-of-use.aspx

firefoo

GUI Client
for Firebase

https://www.firefoo.app/eula

Firebase

Database

https://firebase.google.com/terms/

   

Customer Data” means as set forth in Section 3 of the monday.com Terms of Service. You agree that your undertakings pursuant to Sections 3.2 and 3.3  (of your agreement with monday.com are hereby undertaken towards Set and are incorporated herein mutatis mutandis.

Our Services are hosted on Google Cloud Service. If you prefer to use the services without uploading information to Google Cloud Services please contact us at: office@setit.tech and we will provide you with an offer for an on-prem service that meets your specifications.

5. Modification of Terms

A.We may monitor and change certain features of the Services periodically to (1) comply with any necessary laws, regulations, or other governmental requests; (2) to operate the Service properly or to protect ourselves and our users.

B. You agree and understand that we may periodically change these Terms and/or certain features of the Services without notice and all amended terms and changes become effective upon posting an update notification on https://setit.tech/terms-2/.

C . We reserve the right to modify, reject, or eliminate any material residing on or transmitted to our servers that it, in our sole discretion, believes is unacceptable or in violation of the law or these Terms.

D. We also reserve the right to impose/change the access regulations of the Services, whether in terms of access fee, timings, equipment, access restrictions, or otherwise, which shall be posted from time to time under these Terms. It is the responsibility of users to refer to these Terms each time they use the Service.

6. Restrictions

A. You agree that You will not upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt our Service or networks connected to our website or through the use of our Service, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Service, or otherwise interfere with our Service in any way, including through the use of JavaScript, ActiveX or other coding; take any action that imposes an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, alter, modify, or publicly display any information displayed on the Service (except for your Customer Data), or create derivative works from our website (other than from your Customer Data), to the extent that such action(s) would constitute copyright infringement or otherwise violate our intellectual property rights or those of any other third party, except with our prior written consent or that of the appropriate third party.

B. You agree not to reproduce, duplicate, or copy any portion of the Service, without our express permission.

7. Intellectual Property

A. Logos and all related products and service names, design marks, and slogans are trademarks and service marks used by us and are the sole property of Set. The source code, designs, and styles used for the provision of the Services are copyrighted to Set.

B. Other than the limited license to use the Services as expressly granted herein, all rights, title, and interest in and to all intellectual property rights, including but not limited to any copyright, trademark, and database right, vested in the Service, including the content therein and the selection and arrangement thereof, shall at all times remain with us. Nothing in these Terms is intended to transfer all or part of such rights.

C. You shall retain all rights, title, and interest to the data uploaded by you to use the Services. You shall also retain all rights, title, and interest in the analysis and reports generated using the Services.

8. Content Disclaimer

A. We communicate information after processing the Customer Data provided by you and by monday.com and the data pulled from third-party apps. We have no control over the accuracy of content, integrity, or quality of data provided by the Services and this may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be held responsible for any such discrepancy, including authenticity, quality, or legality, or any other intellectual property rights compliance, or any resulting loss or damage. We disclaim, to the fullest extent permitted under law, any warranties regarding the security, reliability, accuracy, and performance of the Services.

B. Furthermore we do not and are not currently performing any review or quality control except upon your specific request. If you wish to purchase quality control services, please contact us at office@setit.tech and we will be happy to provide you with an offer.

9. No Warranty

A. The Services are provided on an “As Is” and “As Available” basis without warranty of any kind, other than as expressly provided herein, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

B. We disclaim, to the fullest extent permitted under law, any warranties regarding the security, reliability, accuracy, and performance of the Services. We do not warrant, guarantee, accept any condition, or make any representation that the Services will meet your requirements or that the use of the  Services will be uninterrupted or error-free.

C. No other verbal or written information provided by Us will create a warranty or in any way increase our liability, and You will not rely on such information.

D. Any use of the Service, reliance upon the Services, and any use of the Internet generally shall be at your sole risk.

10. Limitations of liability

We do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any reports, analysis, or services offered through the Services. In no event shall We be liable to you, on account of your use, misuse, or reliance on the Services or the use (or inability to use), reliance upon, or performance of any service, for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or any other theory, even if We were aware of or had been advised of the possibility of such damage arising out of or connected with the use (or inability to use) or performance of the Application or the Services.

11. Indemnification

You agree to indemnify and hold us and our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, including but not limited to your reliance upon the Services, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity.

12. Privacy

For information on how we treat your information please refer to our Privacy Policy.

13.  General

A. Severability – If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

B. Entire Agreement – These Terms constitute the entire agreement between us and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Your continued use of the Services will be conclusive proof of your deemed acceptance of any modifications made by us to these Terms.

C. Waiver – Any waiver of any provision of the Terms will be effective only if in writing and signed by you and by Set.

D. Assignment. You may not assign any of your rights or duties under these Terms without our express written consent. We may assign our obligations/ duties and rights under these Terms without your consent.

E. Notices – All of our notices, demands, and other communications must be in writing and will be deemed to have been given if sent by electronic mail to the e-mail address provided to us by monday.com.

F. Governing Law and Jurisdiction. These terms and any dispute arising from the use of the Services shall be governed by and construed in accordance with the laws of Israel. Any legal action or proceedings related to these terms shall be subject to the exclusive jurisdiction of the courts of Israel.

G. Contact and Duty to Inform. Please contact us with any questions regarding these Terms. Please report any violations of the Terms to office@setit.tech.

ACKNOWLEDGEMENT – YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL THESE TERMS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF AVAILING THE SERVICES THROUGH THE SERVICES AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENTS OTHER THAN AS SET FORTH IN THESE TERMS.

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