Dated January 28, 2022
The subject matter of this Agreement shall be the provision by HURMA SYSTEM of access and services for using the Service, which carries out automated administration and optimization of a set of recruitment and HR processes, subject to all restrictions and conditions of Service use in accordance with functionality and terms and conditions of this Agreement.
By registering to use the Service, the Client and persons whom the Client granted access to his/her account (Administrator/User) agree to comply with terms of this Agreement. The Client undertakes to independently inform his/her Administrators and Users about the Service Access and Terms of Service and shall be responsible for the actions of his/her Administrators and Users.
Definition of terms
Service - an organizational and technical system (software) where information processing technology is implemented using technical and software tools and other services provided by HURMA SYSTEM LLC through the website located at: https://hurma.work.
Service provider — HURMA SYSTEMS LLC, a legal entity having all the necessary rights to conclude this Agreement and provide services for Client's use of the Service under the terms herein.
Client - an individual, an individual entrepreneur or a legal entity that has accepted the offer, paid for the use of the Service and is the owner of the account.
Administrator – an individual appointed by the Client as a main administrative contact for making decisions related to the management of Service use, disconnection from the service, solving other technical issues, which has the authority from the Client to administer Service access, as well as appoint additional Administrators/Users. The first person registered in the Service by the Client shall be appointed by the Administrator.
Account data - information stored by the Service Provider that allows to identify the Client, User, Administrator, and is necessary for Service management and use. The account data does not contain information downloaded (stored) by the Client/Administrator/User relating to their contacts, projects, tasks, events or other similar data, etc.
Content – any information and materials downloaded or published by the Client (through the Administrator/User) in the Service.
Confidential information - data containing any information that is considered the property or trade secret of any Party hereto, directly or indirectly, in any form disclosed by the parties after this Agreement comes into force.
User – an individual who has access to the Service provided by the Client or Client's Administrator.
Account – an account in HURMA SYSTEM, which stores data allowing to identify the Administrator/User of the Client.
Technical support - a set of measures that can be carried out by HURMA SYSTEM within the limits and volumes established by it, which may include the installation, configuration, testing, detection and elimination of shortcomings, respective consulting on these issues in order to ensure the Service functioning, are an integral part of services provision and are included in their cost (tariff).
1. Service usage terms. Security and access
1.2. For registration purposes, the Client undertakes to provide accurate and complete information about himself/herself and his/her Administrators/Users on the issues listed in the registration form and maintain this information up to date. When registering, the Client shall indicate the name of his/her company in Latin, which will later be used to access the Service (Example: name in Latin "Name", respectively, for access to the Service, the Client is provided with a link name.hurma.work). If the Client/Administrator provides incorrect information or HURMA SYSTEM has reasons to believe that information provided by the Client is incomplete or false, HURMA SYSTEM has the right, at its discretion, to block or delete Client’s/Administrator’s/User's account, as well as to completely or partially prohibit the Client/Administrator/User from using the Service.
1.3. HURMA SYSTEM shall reserve the right at any time to require from the Client/Administrator confirmation of the data specified during registration and request in this regard the relevant documents, failure to provide which, at the discretion of HURMA SYSTEM, can be equated with the provision of false information and cause the consequences provided for in para. 1.2 of this Agreement.
1.4. When registering, the Client shall indicate his/her e-mail address, which subsequently is used as a login to access the Service. Also, the Client independently chooses a personal login (a unique symbolic account name) and a password to access the account. HURMA SYSTEM shall have the right to prohibit the use of certain logins, as well as to set requirements for login and password (number of characters, permissible characters, etc.).
1.5. The Client/Administrator/User shall solely be responsible for security (guessing resistance) of password chosen by him/her, as well as independently ensure the confidentiality of the password.
1.6. Each Client shall be provided with a unique identifier to access the Service. The Client shall ensure that each name of the Administrator and the User is used only by the Client (in the Client's activities), and is not used by other persons.
1.7. The Administrator shall have the Service administrating and usage powers on behalf of the Client, and also the right to provide access to additional Administrators/Users within the limits of the selected tariff. The Administrator shall have the right to deactivate the User if the Administrator (or the Client) wishes to terminate access to the Service of a given User.
1.8. In case of Service termination, HURMA SYSTEM shall contact the Client only to delete the relevant account data and provide the possibility of unloading the Content.
1.9. HURMA SYSTEM shall provide access to the Service only using the web-interface in compliance with the provisions of this Agreement.
1.10. HURMA SYSTEM shall use a secure method of authentication and access to the Service, in particular, by: a) managing user passwords and protecting passwords using expedient password management programs; b) transfer of passwords in encrypted form.
1.11. The Client shall be responsible for protecting usernames and passwords or other codes related to the Service, the actions of Administrators/Users when using the Service, as well as Content compliance with law requirements.
1.12. The Client shall comply with policies and procedures for preventing unauthorized use of usernames and passwords and immediately inform HURMA SYSTEM of suspicion of passwords loss or their unauthorized use by third parties.
1.13. HURMA SYSTEM shall inform the Client of any actions/events that, in the opinion of HURMA SYSTEM, may lead to or led to unauthorized access, disclosure of information, use of and damage to Client's Content.
1.14. In case of security and authentication procedure violation, as well as access to the Service, HURMA SYSTEM shall cooperate with the Client in order to establish the cause thereof and identify the changed Content, as well as assist the Client in investigating and preventing repeated violations.
1.15. HURMA SYSTEM shall take measures to protect the Content and its safe preservation, taking into account technological development and the cost of implementing given measures.
2. General provisions
2.1. The Service is the object of copyright and intellectual rights, which are regulated and protected by Ukrainian legislation and provisions of international law on intellectual property and copyright protection. HURMA SYSTEM guarantees that it has all the necessary rights under this Agreement to provide services for the use of the Service to the Client, including documentation for the Service.
2.2. The algorithms of the Service and its source codes (including parts thereof) shall be a trade secret. Any use by the Client thereof or use of the Service in violation of the terms of this Agreement shall be considered as violation of HURMA SYSTEM rights and shall be a sufficient basis for repudiation of this Agreement and termination of service provision to the Client hereunder.
2.3. The Client shall have no right to copy, modify, resell, or otherwise reproduce or alienate the Service. The Client/Administrators/Users shall not use access to the Service or any part thereof, except for the Client's own (internal) activities, which includes: economic, production, organizational, economic and internal economic activities of the Client himself.
2.4. The Client shall familiarize Administrators/Users with the content of this Agreement and ensure their compliance with its provisions. The Client shall be responsible for the actions/omissions of Administrators/Users during the use of the Service, including for disclosure/removal of the Content and disclosure/distribution of Confidential Information.
2.5. HURMA SYSTEM shall not review or verify the Content posted by the Client, nor acquire any rights, including intellectual property rights, to Client’s Content.
2.6. This Agreement shall not give the Client (Administrators, Users) any right to use any trademarks, logos, domain names and other objects of exclusive rights used by HURMA SYSTEM when providing services for the use of the Service. Client shall use the Service in the way that prevents the dissemination of inaccurate information and which may cause a misconception about the owner of the Service or services and products provided by HURMA SYSTEM through the website located at: hurma.work.
2.7. The Client shall be solely responsible for its Content and its components. All copyright and intellectual rights to the Content shall belong to the Client.
2.8. The Client shall have no right to download, publish, transmit, store, distribute through the Service (or directly to the Service) viruses, self-reproducing computer programs and programs containing any destructive codes, viruses or other malicious software, information about the propaganda of violence, fascism, extremism, terrorism, data that promote pornography, child erotica, advertising of intimate services, any other information or data, the content of which contradicts current legislation of Ukraine and/or in whole or in part, is protected by copyright, related or other rights without the permission of the owner.
2.9. HURMA SYSTEM shall not control the content of information stored, published or distributed, transmitted by the Client through the Service and shall not be responsible for its accuracy, quality and content. HURMA SYSTEM shall not review or verify the Content posted by the Client, except in cases of receipt of reasonable complaints from third parties about violations by the Client/Administrator/User of rights and legitimate interests, in connection with the placement by the Client/Administrator/User of the relevant content in the Service.
2.10. HURMA SYSTEM shall reserve the right at any time, at its sole discretion, to take any action it deems necessary in relation to the Content violating the terms of this Agreement and requirements of Ukrainian law, including its removal. HURMA SYSTEM shall reserve the right to immediately suspend the provision of services, and in case of violation by the Client of paragraph 2.8., refuse further provision of services.
2.11. HURMA SYSTEM shall reserve the right at any time to add, modify or terminate, temporarily or completely any functionality of the Service, with or without notice to the Client, except when HURMA SYSTEM makes changes that significantly reduce the functionality of the Service, in which case HURMA SYSTEM shall send the Client a corresponding notification 7 (seven) days prior.
2.12. HURMA SYSTEM shall reserve the right to temporarily suspend access to the Service for the purpose of servicing, repairing or installing updates. HURMA SYSTEM shall send the corresponding notification at least 3 (three) business days prior to the suspension of corresponding access. HURMA SYSTEM shall have the right to temporarily suspend access to the Service in conditions requiring urgent actions to protect the Service. HURMA SYSTEM shall provide all reasonable means and methods to minimize operational suspension of the Service.
2.13. The Client shall have the right to regularly store all its own Content on third-party and independently selected services (cloud, local, etc.), using appropriate technical means and tools for this purpose, without violating HURMA SYSTEM intellectual property rights.
2.14. The Client agree to the Service Provider to collect/process/use information and statistics on the use of the Product by the Client, including, but not limited to: various marketing data; usability data of the Product; data of heat cards of the Product; statistical data of authorized entries and exits from the Product, duration of sessions, etc.; geolocation data of the Client/Administrators/Users, specialization of the Client's activity, other data and information that may improve the work and functionality of the Product.
3. Cost, payment, change of the right of access and use of the Service
3.1. The Client shall pay a subscription fee for the services for using the Service on terms of selected tariff posted on HURMA SYSTEM website at the link hurma.work/tariffs/.
3.2. Payment for Services usage services shall be made by the Client by bank transfer of tariff cost to HURMA SYSTEM current account on the basis of invoice provided at Client’s request, solely after applying for Services usage services by the Client through hurma.work website or using payment systems through the hurma.workwebsite.
Certain means of payment may provide for a commission for the transfer of funds, the commission shall be paid by the Client.
3.3. All payments shall include VAT provided that they are included in the invoice.
3.4. The amount of payment for Service access and usage services offered by HURMA SYSTEM depends on the tariff chosen by the Client on hurma.work website. Tariffs differ in accordance with functionality of the Service, the number of Administrators/Users using Client's account, etc.
3.5. After the expiration of free trial period, which consists of 3 (three) business days, the Client shall pay the amount of remuneration for each subsequent payment period during which the Service will be used by the Client. The payment period shall be 1 (one) calendar month. The fee for using the Service shall be paid in the form of prepayment. In case of payment for using the Service for a calendar year, it shall be paid by prepayment and continue to be charged annually on the date of initial payment. All payments are non-refundable except as provided in para. 3.9 of this Agreement.
3.6. In case of failure to pay for Service use within 5 (five) calendar days after expiration of free trial period or expiration of the next paid calendar month for services for the use of the Service, HURMA SYSTEM shall block access to the Service until the payment is made. The moment of payment shall be the transfer of funds to current account of HURMA SYSTEM.
3.7. In addition to the fee for using the Service, the Client may incur additional costs associated with access to the Service, in particular, but not exclusively, fees for Internet access, data roaming, etc.
3.8. HURMA SYSTEM shall have the right to unilaterally change the cost of Tariffs for the provision of services for the use of the Service by placing (publishing) given changes on hurma.work. Given changes shall come into force upon their publication, unless another period and procedure for entry into force thereof is stipulated during their publishing. In case of changing the cost of tariffs for granting access to and use of the Service, HURMA SYSTEM shall inform existing Clients of the Service about such changes within 30 (thirty) calendar days by sending a letter to Client's e-mail.
3.9. In the event the Service is unavailable due to HURMA SYSTEM actions or omissions, the fee for using the Service (monthly or annual) shall be transferred and the Client shall be given an additional period of Service usage in proportion to the period of Service unavailability.
3.10. In case the Client repudiates this Agreement, the funds paid prior shall not be returned. No payments for early cancellation of Service usage shall be charged. The rights of access to and use of the Service canceled before the expiration of current paid payment period, shall not be included in the next payment period.
4. Term of the Agreement and termination of services for the use of the Service
4.1. This Agreement shall enter into force upon acceptance of this Offer by the Client and be valid until the Service usage is terminated at the end of the relevant period or on other grounds provided for by the Agreement.
4.2. In case of violation by the Client of terms herein, HURMA SYSTEM shall have the right to unilaterally terminate this Agreement by notifying the Client one business day prior to stipulated date of given termination, without refunding of paid funds or any compensation to the Client related to the said termination.
4.3. If the Client intends to terminate Service usage or cancel the account, the Client (or the Administrator) shall have the opportunity to do so on his/her behalf at any time, using the appropriate functionality of the Service. Termination of Service usage or cancellation of account otherwise shall not be not allowed. Paid according to tariff and not used funds in this case shall not be returned.
4.4. The Client shall remove all own Content from the Service prior to termination of this Agreement. HURMA SYSTEM shall remove or destroy all Content stored in the Service 7 (seven) calendar days after termination of the Agreement or termination of Service usage. HURMA SYSTEM shall notify Clients of the removal of their Content after termination of the Agreement or Service usage. HURMA SYSTEM shall not be liable to the Client or any Users for the removal of the Content in accordance with this Agreement.
4.5. In case of termination of the Service for any reason, the Client shall have 7 (seven) days to transfer the Content to another place before its removal. HURMA SYSTEM may provide a longer period for Client's access to its Content after termination of the Agreement or termination of Service use on a paid basis, subject to a written request from the Client within 7 (seven) days from the date of service termination and payment of agreed Content storage cost.
5. Rights and obligations of the Parties
5.1. Rights and obligations of the Client:
5.1.1. The Client shall strictly comply with all requirements of this Agreement, instructions and recommendations regarding the Service operation, including those sent using the Service functionality.
5.1.2. The Client shall not download, publish, transmit, store, distribute through the Service (or directly to the Service) viruses, self-reproducing computer programs and programs containing any destructive codes, viruses or other malicious software.
5.1.3. The Client (Administrator, Client's users) shall not independently carry out nor allow other persons the following:
- provide access to the Service (Service) for hire, rent or temporary use;
- use the Service by broadcasting on Internet sites, both commercially and on a non-commercial basis;
- modify the Service, its components, design and appearance;
- create conditions for the Service use by persons not having personal access rights nor the right to use the Service, except for Client's Users;
- publish or otherwise distribute any fragments and components of the Service, including providing other persons with opportunity to copy them;
- try to circumvent technical limitations of the Service;
- transfer the rights to use the Service to third parties.
5.1.4. The Client shall reimburse HURMA SYSTEM the losses that may arise as a result of violation by the Client (its Administrators or Users) of obligations established by this Agreement. HURMA SYSTEM shall immediately notify the Client of any claim or loss, directly or indirectly relating to violation by the Client (its Administrators, Users) of obligations established by this Agreement. The Client undertakes to assist HURMA SYSTEM in protecting against any claims, lawsuits, complaints received from third parties, if they arose as a result of violation by the Client (its Administrators or Users) of obligations established by this Agreement.
5.1.5. The Client shall have the right to change available Service functionalities by changing the tariff, while paying the cost of services at a new tariff.
5.1.6. The Client shall have the right to receive the necessary information and consulting responses regarding the Service from HURMA SYSTEM.
5.2. Rights and obligations of HURMA SYSTEM:
5.2.1. HURMA SYSTEM shall provide services within the framework of this Agreement and requirements of Ukrainian legislation.
5.2.2. HURMA SYSTEM shall have the right to refuse the Client to provide services or cease providing services for the use of Service to a Client who has not provided reliable information about himself/herself and/or violates the terms of this Agreement and/or performs actions containing criminal and/or administrative offenses, as well as in case of other violations of rights and legitimate interests of HURMA SYSTEM and third parties.
6. Confidential information. Protection of personal data
6.1. Each party agrees to recognize all data containing any information deemed the property and trade secrets of any party to this Agreement, directly or indirectly, in any form disclosed by the parties after this Agreement enters into force, as confidential information and shall not use or disclose it except as necessary for implementation of this Agreement.
6.2. The Client, who, within the meaning of the Law of Ukraine "On Protection of Personal Data", acts as the owner of personal data or the recipient, and the manager in relation to his/her contacts (employees, clients, customers, etc.) – personal data subjects, as well as HURMA SYSTEM, shall comply with requirements of this Law on personal data processing (including using information (automated) systems).
6.3. By accepting this Agreement, the Client guarantees that he/she has every legal basis to collect, register, accumulate, store, adapt, modify, renew, use and distribute (share, transfer), depersonalize, destroy personal data and other information comprising the Content, with the use of the Service.
6.4. The Client shall give his/her consent to HURMA SYSTEM for collection, processing, accumulation, storage and use of his/her personal data (name, mobile phone number and other personal data), as well as their transfer to third parties solely for the purpose and within the framework of ensuring the fulfillment by HURMA SYSTEM of the duties assigned in accordance with the terms of this Agreement. The Client's personal data shall be processed in accordance with the Law of Ukraine "On Protection of Personal Data". Personal data of Clients shall be collected solely for the purpose of fulfilling the terms of this Offer, compliance with provisions in the field of tax relation regulation, relations in the field of accounting.
6.5. HURMA SYSTEM shall take measures to ensure the safety and non-dissemination of personal data, as well as counteract their unauthorized processing, loss or destruction. HURMA SYSTEM shall act only on behalf of the Client in relation to personal data processed by HURMA SYSTEM.
7. Liability and procedure for settlement of disputes
7.1. This Agreement shall be governed by Ukrainian legislation and provisions of international law ratified by the Verkhovna Rada of Ukraine. The breach of the terms of this Agreement provides for liability envisaged by the legislation of Ukraine.
7.2. All the disputes arising between the Parties shall be resolved through negotiations. If the dispute cannot be resolved through negotiations, it shall be resolved in court under jurisdiction established by current legislation of Ukraine.
7.3. HURMA SYSTEM shall not be liable to the Client/Administrators/Users for any damage, loss of income, profit, information or savings related to the use or inability to use the Service, including in case of prior notification by the Client/Administrators/Users of possibility of such losses, or on any claim of a third party.
7.4. HURMA SYSTEM shall be exempted from liability for non-fulfillment or improper implementation of this Agreement if it occurred as a result of external circumstances and/or actions (inaction) of third parties that (circumstances and actions/omissions) were beyond the control and/or without fault of HURMA SYSTEM.
8. Technical support
8.1. HURMA SYSTEM shall provide technical support to the Client/Administrators/Users on issues related to installation, configuration, testing, detection and elimination of shortcomings, including appropriate advice on these issues, on standard configurations, supported, operating and other systems of the Service.
8.2. The cost of addressing by the Client/Administrators/Users the Technical Support service of the Service Provider shall be included in the cost of services for the use of the Service (tariff).
8.3. In order to provide technical support, HURMA SYSTEM shall have the right to require the Client/Administrators/Users to provide information relating to account data, technical characteristics of the equipment.
9. Electronic documents
9.1. If necessary, the Parties agree, to use electronic documents in electronic document management system and an electronic digital signature/qualified electronic signature intended for this purpose and recognize any documents prepared and provided by the other Party electronically using an electronic digital signature/qualified electronic signature by means of telecommunication or on electronic media as legally binding originals. The Parties recognize that an electronic digital signature/qualified electronic signature under legal status is equated to a handwritten signature (seal) of a Party.
10. Other terms
10.1. The Service may not be compatible with the Client's computer or other equipment. The Service shall be provided by HURMA SYSTEM "as is". HURMA SYSTEM shall not guarantee any results that the Client intended to achieve (receive) using the Service.
10.2. This Agreement represents a complete comprehensive agreement between HURMA SYSTEM and the Client and governs Client's use of the Service, superseding any prior agreements between the Parties (including previous versions of this Agreement).
10.3. HURMA SYSTEM shall have the right to involve third parties to maintain the proper level of functioning of the Service, remaining, within the framework of this Agreement, responsible to the Client for the actions of persons involved.
10.4. Neither Party to this Agreement may transfer (cede) any of its rights or obligations to third parties without prior written consent of the other party, except in cases of merger or reorganization, if the acquirer (newly created legal entity) has agreed to comply with this Agreement.
10.5. HURMA SYSTEM may provide the possibility of integrating the Service with third-party products of choice and at risk to the Client. In this case, HURMA SYSTEM shall assume no responsibility for the consequences of such integration. HURMA SYSTEM shall have the right to change or terminate the integration of the Service with other services and products of third-party suppliers without prior notice to the Client.
10.6. Unavailability of the Service (in the sense of para 3.9. of this Agreement) means any period of time exceeding 25 minutes during which the Client/Administrator/User cannot access the Service due to a service failure, except for the planned downtime.
10.7. For all matters not regulated by this Agreement, the Client and HURMA SYSTEM shall be guided by current legislation of Ukraine.
10.8. HURMA SYSTEM shall have the right to change the terms of this Agreement unilaterally by placing the amended text on the Internet on the hurma.work website. In case of introduction by HURMA SYSTEM amendments to the terms of this Agreement, they shall enter into force from the moment of publication, unless another period and procedure for entry into force thereof is stipulated upon their publication.