peopleHum - Terms of Service

These terms of services (the "General Terms") govern the use of, and the subscription to, the Website and the peopleHum Platform. By accessing the Website and/or the peopleHum Platform, you agree to the General Terms on behalf of yourself as a user and, as the case may be, on behalf of the organization that you represent ( "Customer").
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1. Definition and Interpretation
1.1 The following terms shall have the meaning attributed to them below:‍

• a. "Privacy Policy" means peopleHum Privacy Policy available at https://www.peoplehum.com/privacypolicy
• b. "Website" means the website at https://peoplehum.com and any affiliate websites provided by peopleHum (for example, https://portal.peoplehum.com).
• c. "Parties" means peopleHum and Customer.
• d. "Customer Data" refers to any content directly or indirectly generated by the users on the peopleHum platform in the form of text, images, files, comments, suggestions, feedback, questions etc.
• e. "peopleHum platform" or "PeopleHum platform" or "platform" refers to tools and functionalities provided by peopleHum and used or accessed by its users.
• f. "User" or "Users" means you and any individual to whom Customer provides access to the peopleHum Platform, including any account administrators, managers or leads, executives and any external clients, candidates etc.
• g. "Respondents" means any individual invited by the Customer to submit answers to polls, answers to polls, feedback for performance evaluation, comments, feedback, ideas, recognition and suggestions through the peopleHum Platform, including any employee of Customer.

1. 2 The term "including" is not limiting and means "including, without limitation".
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2. Access and Use of the peopleHum Platform

• 2.1 Services
  During the Term and subject to Section 3.1, peopleHum grants to Customer and its Users the right to access and use the Platform, and any related functionality, in accordance with the General Terms.
  
  2.2 Limitations to the Services
  It is acknowledged and agreed upon by the Customer that peopleHum does not control the Customer Data and does not guarantee its integrity, quality or accuracy. The customer is completely responsible for evaluating the accuracy / reliability of the data before making / implementing any decisions based on this information and any consequences that arise out of this. The customer acknowledges that peopleHum assumes no liability for any data handled / generated by the customer on the platform.
  
  2.3 Services Revisions
  peopleHum may revise the functionality, content, features and modules of the peopleHum Platform at any time without notice. peopleHum will provide advance notice to the Customer if there is a change to the Platform resulting in overall material decrease in functionality of the peopleHum Platform. In such cases, Customer may terminate its subscription in accordance with Section 10.2 (Termination).
  
  2.4 Temporary Suspension of the Services
  peopleHum may temporarily limit or suspend the Services from time to time at its discretion including to perform upgrades to, and maintenance of, the peopleHum Platform.‍
  
  2.5 Unacceptable Use
  Any customer or user shall not attempt to, nor permit any third-parties to share non public content or functionality of the platform. A customer should not try to either copy, reverse engineer, decode/decompile, decrypt, record, duplicate, alter, merge, translate, adapt, or create any derivative or reproduce any of the work from the platform. These is applicable for any of the content, graphics, email, functionality, module etc. A customer or any of its users should not be allowed to build their own product or services using the ideas, features or functions on the peopleHum platform. Any violation of this may result in immediate termination of the customer’s access to the services without any notice in addition to other avenues, legal and commercial, that peopleHum may decide to pursue.
  
  2.6 Account Access
  Customer and the users are solely responsible for the credentials to their account. They should take adequate steps in making sure no unauthorized access should be allowed to the peopleHum platform. The customer is completely responsible for any activity that happens in their account, intentionally or unintentionally. Any unwarranted activity that the customer notices or becomes aware of, should be notified to peopleHum immediately.
  
  2.7 Systems
  Customer is responsible to maintain and upgrade any OS or systems that are used to access the peoplHum platform. Any problem caused in the use of the platform because of older/legacy/unsupported systems is solely the responsibility of the customer.
  
  2.8 Unacceptable Conduct of Users
  Customer is deemed to be solely responsible for ensuring that no content/data that is generated on the platform should be illegal / threatening / offensive / abusive / harmful / defamatory / vulgar / obscene / offensive / racist / harasing / hateful. Users should be respectful of another person’s right to remain anonymous while using any of the functionalities on the platform, whether he/she is a colleague or anyone external to the system. The peopleHum platform is under no obligation to review or control how the platform is being used by its users. PeopleHum does not take any liability on any unacceptable conduct by its users or any content uploaded by its users to the platform.
  
  2.9 Indemnification by Customer
  Customer shall defend, indemnify and hold harmless peopleHum against any claim, suit or proceeding arising out of, or related to (a) Customer Data; (b) the breach of any warranty, covenant or other obligation contained in these General Terms by Customer or any User or (c) Customer’s or any User's alleged or actual use of, misuse or inappropriate use of or failure to use the Services, including any Customer’s or User’s use in violation of Section 2.5 (Unacceptable Use) and 2.8 (Unacceptable Conduct of Users).
  
  2.10 Compliance with Laws
  Customer shall comply with all applicable laws of the land including the ones around protection of personal information. Customer is responsible for obtaining any consent required by law from its users to allow the customer to use the services and to allow peopleHum to provide the services in accordance with the general terms and privacy policy.
  
  2.11 Compliance by Users
  Customer must ensure that its Users comply with all applicable laws, including laws governing the protection of personal information, and that such Users are governed by, and comply with, the General Terms.
  
  2.12 Customizations
  Any feature request by the customer that is part of the roadmap will be executed free of cost as per the roadmap plan. Any acceleration of the feature will be billed to the customer at 60% of the cost. Any feature request that is required by 3 or more customers will be scheduled and planned on the product roadmap. Any feature request that is exclusive to the customer will be executed at the 100% customization cost, subject to relevancy and global product approvals of viability and deviations. Any feature that is requested by 2 customers will be charged at a 40% cost to both the customers.

‍3. Payment and Billing of the Platform

• 3.1 Subscription Fees
  Some of the features on the platform may be available only after a customer pays for it. The fees for the platform features and / or are outlined on the website, unless otherwise agreed upon between the customer and peopleHum in writing. The fees to be paid is decided on based on the number of users and / or number of applicants. The customer acknowledges that the fees applicable for the services on the platform will be automatically adjusted as the number of users and / or applicants changes. The customer agrees that the subscription will be automatically renewed on the renewal date for the same subscription term as the previous one, unless the customer cancels the subscription before the renewal date. The customer is solely responsible for cancelling the subscription irrespective of whether it receives any prior renewal notice from peopleHum. The “Subscription period” is for a period of one year from the date of subscription of services. The “Renewal date” is the first day immediately following the expiration of a subscription period.
  
  3.2 Revision of fees
  peopleHum reserves the right to revise the service fees applicable for a paid plan or functionality at its sole discretion. The revised fees will only take effect from the next renewal date of the subscription plan a customer is on after a notice has been sent by peopleHum to the customer.
  
  3.3 Downgrade of service
  If a customer downgrades the service from a paid subscription to a free tier, the customer will remain responsible for any unpaid fees that are due from the paid subscription. It is accepted and agreed upon by the customer, that a downgrade may reduce the features and functionalities available.
  
  3.4 Refunds
  Payments are non refundable and there is no provision for processing refunds or credits for partially used periods.
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  3.5 Free Trial
  peopleHum may offer free trials of the paid subscription, which may offer some or all of the features and functionalities for a specified period to a customer without any payment. peopleHum reserves the right to decide on the customer’s eligibility for a trial at its sole discretion. peopleHum may decide to withdraw or modify the trial offering at any point in time without prior notice. Upon expiration of the free trial, the access to the paid features and functionalities of peopleHum would only be available if the customer signs up/upgrades to a paid subscription.
  
  3.6 Third Party Payment Processor
  peopleHum reserves the right to use a third party payment processor, which is PCI-DSS compliant, for all billing and payment receipts.
  
  3.7 Taxes
  Unless otherwise stated, the prices listed on the peopleHum platform are not inclusive of any taxes/duties/other government assessments. The customer is liable to paying taxes except those payable by peopleHum based on its income.

‍4. Use of the Platform
The users may access and use the peopleHum platform according to the Terms and privacy policy. peopleHum may revise the content, features and functionality of the platform at any time without any prior notice. peopleHum may temporarily limit or suspend access to the platform from time to time at its discretion including to perform upgrades and maintenance to the platform.

5. Data
peopleHum shall store and process the Customer Data in a manner consistent with industry security standards and in accordance with the Privacy Policy. peopleHum has implemented technical, organizational and administrative systems, policies, and procedures as well as other measures detailed in the Privacy Policy to help ensure the security, integrity and confidentiality of Customer Data and to mitigate the risk of unauthorized access to or use of Customer Data. However, the Customer acknowledges and agrees that hosting data online involves risks of unauthorized disclosure, loss or exposure and that, in accessing and using the peopleHum Platform, Customer assumes such risks. To the extend authorized by law, peopleHum offers no representation, warranty or guarantee that Customer Data shall not be subject to unauthorized use or disclosure.

6. Disclaimer of Warranty
The customer accepts that the peopleHum platform is provided as is and as available, with all the defects and bugs, if any. peopleHum does not provide any warranties of any kind. peopleHum does not warrant that the platform would be available uninterrupted, timely, error and bug free.

7. Liability Limits
Under no circumstances, peopleHum’s aggregate liability arising out of these general terms and / or privacy policy exceed the amount paid by the customer for the last subscription period. The existence of more than one claims does not extend this limit. peopleHum shall not be liable to customer for any loss of profit/revenues or any damages caused / arising out of the general terms, under any circumstances.

8. Intellectual Property
peopleHum retains all rights, title and interest in and to the peopleHum platform and website, other than customer data. The terms do not grant the customer any intellectual property to the website or the platform or the peopleHum logo and other trademarks.

9. Feedback
Any suggestion or feedback or request sent or shared by a customer with peopleHum to improve the peopleHum website/platform or to expand its capabilities may be accepted and implemented by peopleHum at its sole discretion. peopleHum does not offer any guarantees for the implementation of these or timelines around which these may be available for the customer for use. In these cases, the customer grants peopleHum an unlimited, perpetual, sublicensable, transferable, royalty-free, irrevocable right to use any such feedback or suggestion for any purpose without any obligation or compensation to the customer.

10. Terms

• 10.1 Effective Date of terms
  The general terms are effective as of the first date that a customer or a user of the website accesses or uses the peopleHum platform or website, until they are terminated by both or any of the the parties in accordance with Section 10.2.
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  10.2 Termination
  If the terms are terminated by the customer subsequent to the signing of applicable proposal, the customer will be charged with an amount equivalent to the onboarding fees, due and payable by the Customer. It is also possible that peopleHum triggers the termination of the terms if the customer breaches any of its obligations under these general terms. In the event the breach is curable, the terms may be terminated if this is not cured within 15 days after peopleHum provides notice of the breach. peopleHum may also terminate the terms if the customer fails to make any payment of the service fees.
  
  10.3 No Refunds Section 3.4 (No Refunds) applies, regardless of the cause of termination.

‍11. General

• 10.1 Publicity
  The customer grants peopleHum the right to use the customer’s company name and logo as a reference for marketing and promotional purposes. If the customer for any reason, wants to limit this right it shall send an email to connect@peoplehum.com to initiate this.
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  10.2 Jurisdiction
  These general terms shall be governed solely by the laws of the United States of America.
  
  10.3 Force Majeure
  peopleHum shall not be liable by reason of any failure or delay in performance of its obligation on account of an unforeseeable and irresistable event, including external causes with the same characteristics (a “Force Majeure”), which may include DOS attack, stikes, shortages, riots, fires, act of god,failure by a third party hosting or utility provider, war, terrorism and government action.
  
  11.4 Notice
  peopleHum may send notices to the customer’s email contact points provided by the customer, pursuant to these terms. Customer may send notices pursuant to these terms at connect@peoplehum.com. All notices will be considered received 24 hours after they are sent.
  
  11.5 Assignment & Successors
  These Terms shall be binding upon and inure to the benefit of the Parties’ respective successors and assigns.
  
  11.6 Amendments
  peopleHum reserves the right to amend these General Terms from time to time with reasonable notice prior to the effective date of the amendments by posting an amended version of the General Terms on its website. Customer’s continued use of the Services following the effective date of any such amendments may be relied upon by peopleHum as Customer’s consent to any such amendments.